Rajasthan High Court, Jodhur
G.S.R. 91. - The High Court of Judicature for Rajasthan in exercise of the powers conferred upon it by Article 227 of the Constitution of India and all other powers enabling it in that behalf and with the approval of Governor of Rajasthan has made the revised Rules annexed hereto for the guidance of the Civil Courts subordinate to it.
These Rules are published for general information.
Vol. I
General Rules (Civil)
CHAPTER I
Preliminary
1. Title. - These Rules may be called the General Rules (Civil), 1986.
2. Commencement and extent. - They shall come into force from the date on which they are published in the Rajasthan Gazette and apply to all suits, appeals, proceedings and matters, so far as may be, in the Civil Courts subordinate to High Court, pending or commenced on or subsequent to that date.
3. Repeal. - All previous rules relating to matters which are provided for in these Rules are hereby repealed.
4. Definitions. - (a) "Chapter" means chapter of these Rules.
(b) "Civil Judge" includes Additional Civil Judge and Judge of Court of Small Causes.
(c) The "Code" means the Code of Civil Procedure, 1908 as amended from time to time.
(d) "Form" means a form prescribed by these Rules and described by such serial number in Appendix B, Vol. II.
(e) "High Court" means the High Court of Judicature for Rajasthan.
(f) "Judicial Officer" means the Presiding Officer of a Civil Court.
(g) "Munsif" includes Additional Munsif.
(h) "Pleader" means pleader as defined under Section 2(15) of the Code.
(i) "State" means the State of Rajasthan.
5. Administrative control. - Subject to any Act or Rules in this behalf and to the superintendence of the High Court, the District Judge shall have administrative control over all Civil Courts including the Court of an Additional District Judge within the local limits of his jurisdiction.
6. Officers-in-charge. - Subject to the general control and supervision of the District Judge, Record Room, Amins, Copying Department, Malkhana, at any other place where two or more Civil Courts are located, shall each be placed in charge of a judicial officer nominated by the District Judge. However, the Central Nazarat shall be generally placed in charge of a senior judicial officer.
7. Office hours. - The hours of work in offices of Civil Courts shall be 10.00 A.M. to 5.00 P.M. with a lunch break from 1.30 P.M. to 2.00 P.M. and during summer hours [7.30 A.M. to 01.00 P.M.] with no lunch break, if morning hours are observed on the special or general orders of the High Court.
[8. Daily sittings of Judges. - The hours of work in the Civil Courts shall be as under-
10.00 A.M. to 10.30 A.M. in Chamber
10.30 A.M. to 01.30 P.M. in Court
01.30 P.M. to 02.00 P.M. Lunch Interval
02.00 P.M. to 04.30 P.M. in Court
04.30 P.M. to 05.00 P.M. in Chamber During summer, if morning hours are observed under the orders of the High Court, the hours of work shall be from [7.30 A.M. to 8.00 A.M. in Chamber and from 8.00 A.M. to 12.30 P.M. in Court with a lunch interval from 10.00 A.M. to 10.15 A.M. and 12.30 P.M. to 01.00 P.M. in Chamber]:
Provided that the Presiding Officer may retire to his Chamber as soon as the Court work fixed for the day is over and to remain available in Chamber fill the working hours are over:
Provided further that the Presiding Officer may in his discretion sit in the Court also during the hours fixed for the Chamber sitting.]
[Provided further that the High Court may under its general/specific orders, change the Court Working hours as deemed proper for functioning of evening Courts.]
9. Attendance Register of staff. - The Munsarim or the Reader, as the case may be, shall maintain an attendance register of the staff in the prescribed form (Reg. 1) and shall put it up before the Presiding Officer on every Monday and if Monday is holiday then on the next working day. The Presiding Officer shall also make surprise inspection of the register atleast once a month to inform himself about the maintenance of punctuality in observance of office hours. He shall make a quarterly report regarding the maintenance and observance of punctuality in office as well as in court hours to the District Judge.
10. Clerks not to take records. - Clerks shall not take records to their houses and shall finish their work within office hours in court building.
11. Administrative work. - All administrative work shall, so long as there is judicial work to be done between the above hours, be conducted outside those hours, and may be done in the Presiding Officer's chambers.
12. Work on holidays. - No suit, case or application shall be heard on a holiday:
Provided that on a holiday the Court may not refuse to take an order urgently required in the interest of justice.
13. If a case is fixed for a day on which the court does not sit on account of its being later found or declared to be a holiday, the case will be taken up on the next day on which the court sits.
14. Attendance Register of the Presiding Officer. - A register of attendance in the prescribed form (Reg. 2) shall be kept by every Presiding Officer in his own handwriting and shall be signed by him at the end of each month, provided that if a Presiding Officer is transferred during the month, he shall sign such a register at the end of the last date he attended that office, instead of at the end of that month. The District Judge shall forward a true copy of his own register (Reg. 2) to the High Court at the end of each month and shall also report if the subordinate courts have observed court hours during the month. The registers of all subordinate courts at headquarter and true copies of registers or outlying courts shall be submitted to the District Judge at the end of each month. The District Judge may pass necessary orders about the timings observed by subordinate courts and shall forward such registers or their copies to the High Court only, if he considers it necessary.
15. Daily Cause List. - A Cause List in the prescribed form (F.1) of cases fixed for hearing on a day shall be prepared in triplicate in legible Hindi. It shall be signed by the Reader of the Court and shall be pasted on the previous working day on the Notice Board of the court displayed in a conspicuous place in the courthouse. One of the copies of Cause List shall be kept with the Presiding Officer during the hearing in the court and the third copy shall be kept with the Reader. In the preparation of such list, preference shall be given to old cases which are at hearing or have been adjourned from the previous day. The order in which cases are entered shall not be departed from without order of the Presiding Officer.
In the fourth column it shall be noted in regard to each case for what purpose it is to be laid before the court, whether for instance for settlement of issues or for recording evidence or for final disposal or for arguments or for delivery of judgment. The Reader shall maintain a file of Daily Cause List which shall be resewed for one year and shall be destroyed at the end of the next calendar year.
16. Time for presentation of applications. - The District Judge shall fix a time, of which due notice shall be pasted on the Notice Board, for his court, and for all courts subordinate to him, for the presentation of applications, etc. to the Presiding Officer of the court. In the absence of any special order to the contrary such applications etc. shall be presented at the commencement of the sitting of the court at 10.30. A.M. (7.30 A.M. during morning hours) and half an hour before the time for rising of the court at 4.30 P.M.
17. Rubber stamps prohibited. - The use of rubber stamps in the judicial order for signatures required to be made by any law or rules, is forbidden.
18. Table of jurisdiction. - In every court-room there shall be hung up in a conspicuous place a notice setting forth, in tabular form, the territorial and pecuniary jurisdiction as notified by the State Government and the High Court from time to time of the court. The Munsarim or Reader of the court concerned, as the case may be, shall be responsible for the maintenance up-to-date of this table of jurisdiction.
19. Civil Courts in Rajasthan. - The territorial limits and place or places of sitting of the permanent Civil Courts in the State, are stated in Appendix-A.
20. Absence of District Judge. - Whenever an Additional District Judge or a Civil Judge, assumes charge of the office of District Judge and exercise his powers under Section 11 of the Rajasthan Civil Courts Ordinance (No. VII of 1950) he may, while he is incharge of such office in addition to his normal duties, carry on the current routine work of the District Judge and may pass interim judicial orders in any urgent civil matter arising out of or relating to the cases of the file of the District Judge:
Provided that while passing such order, the Additional District Judge or the Civil Judge, as the case may be, shall direct that the same shall be put up for final orders before the District Judge, as soon as may be possible on the letters resuming or assuming charge of the office and the District Judge may thereupon pass such orders as he may consider just or proper.
CHAPTER II
Suits and Appeals in General
(A) Applications and Pleadings
21. Paper for pleadings and petitions. - All pleadings, applications and petitions of whatsoever nature, and also powers of attorney and certificate of pleaders, files in the course of civil judicial proceedings, shall be written in Hindi, in Devnagri script in a legible hand or type-written on petition paper:
Provided that when saleable forms have been prescribed by the High Court for any purpose, application must be presented on such forms, if available:
Provided also that when petition paper is not available, courts may accept pleadings or petitions on stout durable paper of foolscap size.
Margin.-Only one side of the paper shall be used, and a quarter margin, together with atleast one inch of space at the top and bottom of each sheet, shall be allowed.
22. Heading of pleadings and applications. - In every pleading or petition, the names of parties shall bear consecutive numbers, and a separate line shall be allotted to the name and description of each person.
23. Person presenting application. - Every application or petition shall at the time of presentation bear the name and also full signature or thumb-mark of the person actually presenting the same together with the date of presentation.
24. Separate applications for distinct subject matters. - Separate applications shall be made in regard to distinct subject matters.
No application containing argumentative matter, e.g. quotations and discussions of the effect of certain sections of Acts, or of certain rulings of the High Court shall be placed on record. They shall be returned to applicants without any order, except an endorsement that the application is returned under the rule.
25. Persons from whom applications may be received. - Except an application for a copy, no application or petition and no pleading required or authorised by law to be made by a party in a court, shall be received from any person other than the party himself, his counsel, or his recognised agent (See Order III, Rules 1 and 2 of the C.P.C.).
Registered clerks of counsel, as such, can present such applications as they may be authorised to present by the rules concerning such clerks.
26. How to deal with applications received by post. - Except otherwise provided in any other law, an application, not being an application for a copy, petition or pleading received through post shall be returned to the sender with a note that it should be presented according to Law; provided that necessary postage stamps have been received with such application, petition or pleadings, otherwise it shall be filed in a file book.
27. Valuation to be noted on petitions. - In every suit, means of appeal, revision or petition on which an appealable order may be passed by the court, the plaintiff, appellant, revisioner or the petitioner (as the case may be) shall give the value of the subject-matter affected thereby.
28. Time for presenting applications. - Except as otherwise provided by these Rules, applications and petitions which can be presented to the Munsarim or Reader of a court shall be received on any day other than a holiday between 10.30 A.M. and 12.30 P.M. and during summer hours between 7.00 A.M. and 9.00 A.M.:
Provided that an application or petition presented after such hour and before 4.30 P.M. or 12 noon, as the case may be, may be received on the ground, if any, of limitation or other urgent reason. Presiding officers when accepting plaints or applications after court hours will note on such papers the time of their presentation.
29. Order other than routine once to be made in Judge's notes. - No orders except routine orders are to be recorded on the applications themselves. All orders other than routine orders passed on applications are to be recorded in the order-sheet except when they are recorded separately in that event a reference thereof shall be made in the order-sheet.
30. Receipt slip. - A petitioner may, if he wishes, attach to, and present with his petition a receipt slip in the prescribed form (F.2). If this done, the slip shall be signed in acknowledgment of the receipt of the petition and returned to the petitioner after the necessary entry has been made in column 4, care being taken that all space where any interpolation or insertion of words is possible is crossed with a line. The Presiding Officer of the court shall satisfy himself, from time to lime, that receipt slips are returned to petitioners duly filled in without delay.
31. Grant of certificate of court fee and stamps in certain cases. - In suits by or against State Government, Central Government, Railways, Court of Wards, Municipal or other local bodies, trustees of a trust, if any party desires a certificate of court fee and stamps filed in court by it and furnishes particulars of the same, the court shall direct the Munsarim, Reader or any other official to give such certificate upon the particulars furnished after verification from the record.
32. Duty of Munsarim or Reader in respect of plaints. - A Munsarim or Reader of a Civil Court appointed to receive plaints shall examine each plaint presented to him, and shall report thereon whether the provisions of the Code and the Court Fees Act have been observed and whether the claim is within the jurisdiction of the court, constitutes a cause of action, and has been presented within the period prescribed for the institution of such a suit.
The Munsarim or Reader shall see that the actual date of the presentation of the plaint is entered upon the impressed stamp and adhesive label, if any, below the date of purchase endorsed on them.
On the back of all plaints the Munsarim or Reader, shall note:-
(a) date and time of presentation of the plaint,
(b) name of presenter,
(c) classification of suit, and
(d) court fee paid.
33. Opposite party to be given copies of written statement etc. - The party filing any of the following papers in a case, other than a case of a Small Causes Court nature, shall file a written acknowledgment from the opposite party or is counsel of having received a copy thereof, and also of the affidavit, if any, accompanying such paper, and, on default, the court shall cause a copy to be furnished, immediately or served as soon as possible on such opposite party or his counsel at the cost of the party filing the papers:-
(i) a written statement,
(ii) an objection under Section 47 or under Order XXI, Rule 58 of the Code.
(iii) an application for the amendment of any pleading.
(iv) an application for the appointment of a Receiver or a Commissioner.
(v) an application for the amendment of a decree,
(vi) an application for remitting or setting aside an award and an objecting to an award:
Provided that the Presiding Officer, if he is of opinion that a copy of any other paper should also be supplied to the opposite party, may pass such orders about the copy being furnished to the opposite party as he deems fit.
34. How to make amendments in pleadings. - (i) An application for amendments made under Order I, Rule 10, Order VI, Rule 17 or Order XXII of the Code shall also contain all consequential amendments. The application if it is not in accordance with these rules shall be liable to be rejected.
(ii) When a party died pendente lite, a note to that effect shall be added against the name of party and necessary consequential amendment in the body of the petition or pleading shall also be made as prayed under sub-rule (i).
(iii) When the heirs of a deceased party are substituted for him they shall be entered and numbered as follows:-
If the serial number of the deceased party was say "3", his heirs will be numbered as 3/1, 3/2, 3/3 and so on. If suppose party numbered as 3/1/1, 3/½, 3/1/3 and so on.
35. Returns of petitions and plaints. - No applications which are filed during the pendency of the certain proceedings shall be returned for presentation to the proper court.
36. Return of Vakalatnama with plaint. - When a plaint is returned to a counsel or recognised agent of the plaintiff, the authority executed in his favour shall also be returned to him.
When returning a plaint for presentation to proper court, a court may order the plaintiff to file a copy of the plaint to be put on record in place of the plaint.
(B) Documents
37. Translation to be filed with certain documents. - Every document produced by a party or his witness not written in Hindi or English shall be accompanied by a correct translation of the document into Hindi written in the Devnagri Part The translation shall bear a certificate of the party's counsel to the effect that the translation is correct. If the party is not represented by a counsel, the court shall have the translation certified by any person appointed by it in this behalf at the cost of the party concerned.
38. Opposite party to record admission or denial on documents. - A party desiring to produce any document in court shall, before producing it in court, obtain admission or denial recorded on the document by the opposite party's counsel. If the opposite party is not represented by a counsel, the court shall get admission or denial recorded by the party in its presence and may for the purpose, examine the party.
39. List to accompany all documents whensoever filed. - The list of documents required by Order VII, Rule 14 and Order XIII, Rule 1 of the Code, shall be in the prescribed form (F. 3) and no document, whensoever produced, shall be received unless accompanied by the said form duly filled up. In the case of a document produced by a witness or person summoned to produce a document, the form shall be supplied by the party at whose instance the document was produced. The list as well as the documents shall be immediately entered in the general index in the prescribed form (F. 4).
40. Statement about erasures and additions. - Whenever any private document, other than a registered document or certified copy, containing erasures, additions or inter lineations is produced by a party to a case it shall be accompanied by a statement clearly describing each such erasure, addition or inter lineation and signed by such party. Reference to such statement shall be made in the list (F. 3) with which the paper is filed.
41. Small documents and those of historic value. - Small documents when filed in a court shall be filed pasted on a paper equal to the size of the record, and the margin of the paper should be stitched to the file so that no part of the document is concealed by the stitching. If a document contains writing both on the front and the back it should be kept in a separate cover which should be stitched to the file at the proper place leaving the main document untouched.
Note.-Care should be exercised in dealing with documents of historic or antiquarian value, and every possible endeavour should be made to prevent their being defaced by endorsement or exhibit marks or by having the seal of the court impressed on them.
42. Safe keeping documents in decaying condition. - Whenever a document produced in a court is found to be in decaying condition on brittle paper or on such other which is likely to give way in the process of handling, a transparent paper on one or both sides as the circumstances may require, should be pasted so as to minimize chances or any portion of it getting detached. This should be done in such a manner that the contents of the documents do not become obscure or obliterated. If necessary, it should be placed in a cover of the size of the document and then properly stitched to the file.
43. Affidavit to accompany an application for of public record. - When a party requires the production of a public record, the application shall, unless the court otherwise directs, be accompanied by an affidavit showing how the party requiring the record has satisfied himself that it is material to the suit and why a certified copy of the document cannot be produced or will not serve the purpose.
44. Documents for production of which sanction of Head of Department is necessary. - When a court decides that in the interests of justice it is necessary that it should have before it a document which cannot be produced without the sanction of the Head of the Department concerned, it shall in its order asking for such document, set out as clearly as possible; (a) the facts, for the proof of which the production of the document is sought; (b) the exact portion or portions of the document required as evidence of the facts sought to be proved. The court summoning the document shall fix a date for its production, which should not be less than three weeks from the date of issue of summons.
45. Registers from Sub-Registrar's Office. - (1) A summons for the production of any register or book belonging to the office of a Sub-Registrar shall be addressed to the District Registrar and not direct to the Sub-Registrar.
(2) Production of Police diaries.-A summons for the production of documents in the custody of the police should be addressed to the Superintendent of Police concerned, and not to the Inspector General.
(3) Production of other documents.-When duly authenticated and certified copies of documents are admissible in evidence, the court shall not send for original records unless, after perusal of copies filed, the court is satisfied that the production of the original is absolutely necessary.
46. Summoning of Settlement Records and records of Judicial or quasi-Judicial Tribunals. - When a court requires the production of any settlement record in which the Settlement Officer acted in a judicial capacity, it shall be summoned in the manner provided by Order XIII, Rule 10 of the Code. Similarly when a court requires the production of any record of Judicial or quasi-Judicial Tribunal, it shall be summoned in the manner provided by Order XIII, Rule 10 of the Code. In other cases the procedure prescribed in Order XVI, Rule 6 of the Code shall be followed.
The summons to produce such documents shall be issued to the Collector or the Settlement Officer, who has custody of the record, who may send the documents by messenger or registered post.
47. Production of documents in the custody of Parliament or State Legislature. - In all suits and other proceedings where a document in the custody of Lok Sabha/Rajya Sabha/Legislative Assembly/Legislative Council is required to be produced before a court or an officer of the Secretariat of the House is required to appear before the court for purposes of giving evidence instead of sending of summons in the ordinary form, a letter of request in the prescribed form (F. 5) shall be sent.
48. Payment of postage fees etc.. - The payment of postage and registration fees, or of travelling and other expenses for messengers, incurred in the transmission of, or requisition for records, shall be paid ordinarily by the party at whose instance the expense is incurred.
49. Covers of documents received by registered post to be retained - When a document of any kind connected with a judicial case is received under a registered cover, the cover shall not be destroyed but shall be attached to the file of proceedings in the case to which the document refers.
50. Documents produced how to be dealt with. - All documents produced must be received by the court and must be dealt with in one or other of the following ways, viz.-
(a) returned,
(b) placed on the record, or
(c) impounded.
51. Duty of court upon production of documents. - The court shall inspect and consider all documents as soon as possible after issues are framed and before evidence is produced and shall-
(a) Where they are held by the Court under Order XIII, Rule 3 of the Code to be irrelevant or otherwise inadmissible, forthwith reject them.
(b) Where not rejected under Order XIII, Rule 3 of the Code, and held to be relevant and admissible in evidence, dealt with them as follows:-
(1) Documents, which do not require proof e.g. public documents and documents admitted by the party against whom they are produced in evidence shall be admitted in evidence and marked as exhibits in the manner prescribed in Rule 50.
(2) Documents which required proof by oral evidence shall be kept on the record pending proof. They shall be admitted in evidence and marked as exhibits in the manner prescribed in Rule 50 when evidence is tendered in proof of them. They shall be returned at the close of the evidence if no evidence is tendered in proof of such documents.
Note.-The endorsement referred to in Order XIII, Rule 4 of the Code shall be made on the documents which are admitted in evidence. No document shall be marked as an exhibit unless it is admitted in evidence.
52. Admission of genuineness not to be confused with admission of truth of contents. - When a certified copy of any private document is produced in a court, inquiry shall be made from the opposite party whether he admits that it is a true and correct copy of the document which he also admits, or whether it is a true and correct copy of the document which he denies, or whether it is a true and correct copy of the document the genuineness of which he admits without admitting the truth of its contents, or whether, he denies the correctness of its contents, or whether he denies the correctness of the copy as well as of the document itself.
53. Proper expression about admissions of documents. - Admission of a document by a party shall be indicated by the endorsement "Admitted by the plaintiff" or "Admitted by the defendant". Admission of a document in evidence by the court shall be indicated by the endorsement "Admitted in evidence". If any question is raised as to the correctness of a copy and the Correctness of it is admitted, the endorsement shall be "Correctness of copy admitted". The use of the expression "Admitted as a copy" in endorsement on documents is prohibited.
54. Endorsement on documents in suits compromised or dismissed for default. - Document filed in suits which are dismissed for default or compromised shall before being dealt with in the manner provided in Rules 57 and 58 be endorsed with necessary particulars mentioned in Order XIII, Rule 4 (1) of the Code.
55. Marking of documents. - Documents produced by a plaintiff and duly admitted in evidence shall be marked with a number, and documents produced by a defendant shall be marked with a number and the letter A, or, where there are more than one set of defendants, by the letter A for the first set of defendants, by the letter B for the second and so on. Where a document is produced by order of the court and is not produced by any party, the serial number shall be prefaced by the words "Court Exhibit" or an abbreviation of the same.
(2) Where a document is produced by a witness at the instance of a party the number of the witness shall be endorsed thereon e.g. Ex. 1/P.W. 1 it it is produced by the plaintiffs first witness, and Ex. A. 1/D.W. 1 if it is produced by the defendant's first witness.
(3) Every exhibit mark shall be initialed and dated by the Presiding Officer.
56. Marking of document of the same nature. - Where a number of documents of the same nature are admitted, as for example a series of receipt for rent, or a series of entries in the same account book, the whole series should bear one figure or capital letters, a small figure or letters in brackets being added to distinguished each paper of the series.
57. Return of certain documents. - A document which is rejected as irrelevant or otherwise inadmissible under Order XIII, Rule 3 of the Code, shall unless impounded under Order XIII, Rule 8 of the Code, be returned to the person producing it or to his counsel, and such person or counsel shall give a receipt for the same in column 7 of the list of documents filed.
58. Retention of impounded and certain other documents. - (1) Documents impounded shall be dealt with in accordance with Order XIII, Rule 8 of the Code, and the "Impounded" should be noted in red ink across appropriate columns of the list of documents filed against the entries relating to such documents in the said list.
(2) Should either party or his counsel entitled to receive a document, under rules, be absent or for good cause unwilling to receive it, it shall be marked "not part of the record", a note of the same being made in appropriate column of the list of document filed.
59. Care of impounded documents. - (a) No document which the court has ordered to be impounded or which is required by law to be filed and preserved (for instance a Will under Section 294 of the Indian Succession Act No. XXXIX of 1925) shall be allowed to pass out of the custody of the court and no document produced for the purpose of comparison of signature, writing or seal shall be returned within the periods specified in Order XIII, Rule 9 (1).
(b) With reference to Order XIII, Rule 9 (1) (b) of the Code an interval of four months shall ordinarily be allowed to intervene from the date of decree before the documents whether original or copies, filed in a case are returned to the parties who produced them.
60. Cost of proving documents. - When a party has, without good reason, refused to admit the genuineness of a document, the court may order it to bear the cost incurred in proving it, irrespective of the result of the suit or proceeding.
61. Return of documents. - A general notice shall be pasted in a conspicuous part of every court house, giving warning that all documents filed in any suits or proceeding which may legally be returned, must be withdrawn as soon as the decree or order made in the suit or proceeding has become final or after four months of the decree or order, whichever is longer, and that if they are not so withdrawn they will remain at the risk of the persons concerned.
62. Books of Business. - If a document be an entry in a latter book, a shop book, or other account in current use or an entry in a public record, produced from a public office or by a public officer, a copy of the entry, certified in the manner required by law, shall be substituted on the record before the book, account or record is returned, and the necessary endorsement should be made thereon, as required by Order XIII, Rule 5.
63. Certain cases of registration of document to be reported to the District Registrars or Inspector General of Registration. - The Presiding Officer of all Civil Court shall inform to the District Registrar of their Districts, all cases which came before them in which there is reason to believe that there has been misconduct, negligence or irregularity on the part of the Registering Officers in the registration of any document tendered in evidence or otherwise coming before the Courts. If Registering Officer is the District Registrar, the Presiding Officer of the Court may inform the Inspector General of Registration.
(C) Commission
64. Commissions to be issued to whom. - (1) A commission for the examination of any person including one for the administration of a special oath shall ordinarily be issued to Counsel practicing either before the court issuing the commission or before the court within whose jurisdiction the witness resides. Such commissions may, if it is considered desirable, also be issued to a court (not being a High Court) within the local limits of whose jurisdiction the witness resides.
(2) A commission for making a local investigation necessitating the taking of evidence shall ordinarily be issued to a counsel, and in cases requiring some special and technical knowledge, to a person possessing the necessary technical and special knowledge.
(3) A commission to examine accounts may be issued to any person (including a legal practitioner) who is a competent accountant.
65. List of Commissioners. - (1) Every District Judge shall maintain a separate list of legal practitioners for each place where any civil court or courts are located authorised to execute commissions. The lists shall be prepared by the District Judge in consultation with the Judicial Officers of such places. The list may be sub-divided into three parts, namely, for accounts, for survey, and for all other purpose. The number of Commissioners in each part shall be fixed by the District Judge.
Care shall be taken to include in the list of Commissioners for survey and accounts only those who are conversant with such work.
The list of Commissioners in the prescribed form (Reg. 3) shall be maintained in the office of the District Judge at the headquarters and of the Senior most Judicial Officer at other places, and all commissions issued shall be entered in Register No. 4. Commissions shall be issued in strict order of rotation in respect of each part unless there are reasons to the contrary. No commission shall be issued to any person whose name is not entered in these lists except for special reasons. The lists shall be revised once a year.
(2) Munsarims, Nazirs, Copyist, Ahlmads, Counsel's clerks and petition writers shall not be employed as Commissioners.
In the case of protected investigation, which extends beyond the time originally calculated, the court may suspend the commission until a further sum sufficient to cover the additional expense is paid into court.
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(5) Where a commission cannot be executed for reasons beyond the control of the Commissioner, the court may order payment of such fees as may appear to be reasonable, with due regard to the time spent by the Commissioner.
(6) Where any official of a court is required to take the record of a court for the purpose of execution of an order of commission, the official carrying such records shall be paid by the person at whose instance the order for commission was issued, Rs. 5/-, in addition to the actual travelling and diet expenses, if any.
66. Prohibition of commission fees to Government Officers. - The acceptance by Judicial Officers or Ministerial Officers of Courts of fees for executing commissions, if prohibited.
67. Particulars to be given in the order for local investigation - When issuing a commission for making a local investigation under Order XXVI, Rule 9, the court shall define the points on which the Commissioner has to report. No point which can conveniently and ought to be substantiated by the parties by evidence at the trial shall be referred to the Commissioner.
68. Time for executing Commissions. - A reasonable time shall be fixed for execution of every commission and the court shall see that it is executed within such time unless the court for sufficient reason extends the time.
69. Payment in advance of expenses for issue of commission. - (1) Whenever a commission is issued to any court, the court issuing the same shall require the party applying for issue to pay into court before issue-
(a) where such witness is to be examined by a court, the travelling and other expenses likely to be incurred by the witness;
(b) in other cases such additional sum also as it may consider necessary for the employment of a legal practitioner by the court to which the commission is issued.
(2) The court issuing the commission may require the party concerned to deposit such further amount as the court to which the commission is sent may lawfully require.
(3) Moneys thus deposited shall be entered in the Register of Petty Receipts and Repayments.
70. Commissioner's responsibilities. - A Commissioner shall in his report always give reasons or data on which he bases his opinion.
A Commissioner shall issue copy of any map report prepared by him or of evidence taken by him or of any portion there of, to any party.
71. Local inspections by Presiding Officers. - When a Presiding Officer of a court considers it necessary to make a local inspection, it shall invariably during the inspection or as soon as is convenient thereafter, record a note to be placed on the file, the purpose of the inspection and all facts received or impressions received in the course thereof which are likely to affect its decision in the case. This note shall as far as possible be prepared in the presence of parties or their counsel. Where this is not possible the parties or their consul shall be informed of it.
Where a Presiding Officer decides to make a local inspection on the request of a party or both the parties, he should require the party or parties concerned to deposit in court an amount sufficient to cover his travelling allowance according to the rules. Such amount shall be entered in the Register of Petty Receipts and Repayments of the court and the Presiding Officer shall be entitled to draw his travelling allowance admissible under the rules after having his claim passed by the District Judge. But when the District Judge makes such inspection, it shall not be necessary to have his bill passed by any authority and he may himself draw the amount.
72. Commissions letters of requests etc. to foreign courts. - Letters of request of commissions and other judicial documents meant for foreign or common-wealth countries shall be sent through the High Court and Ministry of External Affairs and Commonwealth Relations, Government of India, New Delhi.
When issuing such commission the court shall have such funds deposited by the party at whose instance the commission is issued, as may, in the discretion of the court, be considered sufficient to defray the expenses likely to be incurred by the executing court. An undertaking should also be taken from the party concerned to pay such further sum as may be wanted by the executing court.
(D) Affidavit
73. Persons to verify affidavit. - (a) Munsarims, or the Reader as the case may be, of all civil courts, may verify an affidavit.
(b) A court-fee label of Re. 1/- shall be affixed to each affidavit verified before Munsarim or Reader for filing in the court. This provision shall only be resorted when Oath Commissioner is not available.
(c) Munsarim or Reader, as the case may be, shall maintain a Register (Reg. 5) which shall contain the following particulars with respect to each affidavits, sworn before him, namely:-
(a) serial number;
(b) date and time of making the affidavit;
(c) particulars of the case to which the affidavit relates;
(d) full particulars of the person making the affidavit;
(e) particulars of the person identifying him;
(f) valuation of the stamp affixed on the affidavit; and
(g) signatures of the Munsarim or Reader.
74. Powers of District Judge to appoint lawyers to verify affidavits - (1) A District Judge may appoint legal practitioners to administer oath to declarants.
[(2) The fee chargeable by the Oath Commissioner so appointed shall be Rs. 15/- for each affidavit for all the Courts. Such fees paid to an Oath Commissioner shall be taxed in the decree.]
(3) Oath Commissioners shall maintain a register or registers (Reg. No. 6) which shall contain the following particulars with respect to each affidavit, sworn before them, namely:-
(a) serial number;
(b) date and time of making the affidavit;
(c) particulars of the case to which the affidavit relates;
(d) full particulars of the person making the affidavit;
(e) particulars of the person identifying him;
(f) fee paid;
(g) name of the Oath Commissioner before whom the affidavit is sworn; and
(h) signature of the Oath Commissioner and remarks, if any.
The Registers shall be inspected periodically by the Presiding Officers of the courts concerned.
(4) Every person swearing an affidavit shall, if not personally known to the person before whom the affidavit is sworn, be identified before that person by some one known to him, and in such case the person before the affidavit is made shall state at the foot of the affidavit the name, address and description of the person by whom such identification was made.
Such identification may be made by a person :-
(a) personally acquainted with the person to be identified;
(b) who is reasonably satisfied as to his identity:
Provided that in the latter case the person so identifying shall sign at the foot of the affidavit a declaration in the following form, after there has been affixed to such declaration in his presence, the signature or thumb-impression of the person so identified namely - Form of Declaration.
I .................... (name, description and address) declare that I am satisfied on the grounds stated below that the person making this affidavit and alleging himself to be A.B. is that person, Grounds.....................
(5) Oath Commissioners shall at their own expense provide themselves with an official seal to be made under the direction of the court which appointed them as Commissioners. This should indicate the name of the court to which the Commissioner is attached and shall provide space for recording the serial number and date of the entry relating to the affidavit in the Commissioner's register.
This seal shall be surrendered to the court when the person having such seal ceases to hold the office of an Oath Commissioner.
(E) Adjournments
75. Priority in cases to which soldiers, sailors or airmen are parties. - (1) No case in which witnesses are present shall be allowed to stand out of its place in the list except for special reasons to be recorded by the Presiding Officer under his hand:
Provided that every court shall bring to a hearing without regard to the order in which they may have been filed all suits in which an officer, soldier, sailor or airman or person who may have obtained leave of absence from the Army Navy or Air Force, may be a party and shall decide such suits as speedily as may be convenient and consistent with the due administration of justice.
(2) Priority to cases which are holding up other cases.-Suits, appeals or applications for the decision of which other cases have been held up shall be given priority, and they shall on no account be adjourned except for good reasons.
76. Priority to cases involving matters of public importance. - On a certificate being given by the Government Advocate, Additional Government Advocate that particular matter is of urgent public importance and should be disposed of at the earliest in public interest, the court shall examine the matter, and if satisfied about its urgency, shall give it top priority and it shall be heard and disposed of as early as possible.
77. Priority cases (uncontested). - A Judge shall before beginning his work for the day go through the cause list and ordinarily dispose of all uncontested work, first and then begin the contested work.
78. Fixing of date. - The first date of hearing in a case shall not ordinarily be fixed more than two months ahead. But in a case in which the Government, the Court of Wards, or any Railway Administration is a party, the date for the first hearing shall be fixed for a day not less than two months after the institution of the suit, and if necessary, the date of hearing may be changed if counsel can show that instructions have not been received or that sufficient time for instructions and necessary inquiries has not been allowed.
Before fixing a date for final hearing, the Presiding Officer shall after consulting counsels for both sides if necessary, make a reasonable estimate as to the time required for the disposal of each particular case.
79. Party's fault in non - service of witnesses.-(1) In all cases the court shall require a party applying for an adjournment on the ground that a summons has not been duly served to show that he applied where it was possible to so apply, for the issue of the summons in time to enable the service to be effected and that he performed every other act required for the issue and service thereof.
(2) When a date more than one month ahead is fixed for the examination of witnesses the parties shall make repealed efforts to procure sendee of summons on their witnesses. It shall be their duty in the absence of any special order of the court for the issue of summonses within ten days of the order fixing the date for examination of witnesses and to make subsequent applications within seven days of the return to the court of a summons which has not been duly served.
Similarly when a date of more than one month is fixed for the service of summons on the opposite parties repeated efforts to procure sendee of summons shall be made.
(3) The Nazir shall contact the party applying for the process, his authorised agent or counsel, and inform him of the fact that the process has been returned unserved. The signature of the party, agent or counsel, shall be obtained in such cases. Regarding cases, in which the party, agent or counsel cannot be conveniently contacted, a list of processes returned unserved, shall be notified from time to time on the notice board of the court.
(4) Where a summons has been returned unserved by reason of a wrong or insufficient address of the witness, the court may, before adjourning the case for issue of a fresh summons require the party applying for the same to satisfy the court, by affidavit or otherwise, that such party was not in a position to know the correct address at the date when he applied for the issue of the former summons, and also that the evidence of the witness is really material.
(F) Hearing of Suits
80. Evidence common to the cases. - Whenever by consent of parties evidence given in one case is admitted by a Civil Court as evidence in another case, separate proceedings stating the fact shall be recorded, signed by the Presiding Officer and placed on the records of both cases.
81. Witnesses in attendance to be examined. - On the day fixed for recording the evidence of witnesses the evidence of all witnesses in attendance shall, so far as is possible, be recorded. That some witnesses have not attended is no reason for not recording the evidence of those in attendance. If the examination of all the witnesses is not concluded on the same day, it shall be proceeded with, from day to day until all the witnesses have been examined, unless the court finds that for the exceptional reasons to be recorded by it, the adjournment of hearing beyond the following day is necessary.
82. Court may record the statement of witness in absence of party or Council. - Where a witness is present in court but a party or his counsel is not present or the party or his counsel though present in court, is not ready to examine or cross-examine the witness, the court may, if it thinks fit, record the statement of the witness and pass such orders as it thinks fit, dispensing with the examination-in-chief or cross-examination of a witness, as the case may be, by the party or his counsel not present or not ready as aforesaid.
83. Judge's duty during the recording of evidence. - The memorandum required by Order XVIII, Rule 8, shall slate clearly what each witness deposes as lo the points at issue, and shall be recorded as the examination of each witness proceeds.
84. Record of parties statements. - Statements of parties or their counsel under Order X, Rules 1, 2 or of a similar nature shall be recorded on a full sheet or foolscap paper and shall be signed by the person making it.
85. Witness not to be given seat on dias. - No witness should be provided any seat on the dias. All witnesses shall give their evidence from the witness-box. Witnesses should normally stand while giving evidence. However, Presiding Officer may allow the witness to be seated, while giving evidence, considering valid grounds such as (i) infirmity; (ii) old age; (iii) inordinate length of time in giving evidence; or (iv) for any other reason recorded to be in writing.
86. Number of witnesses. - Subordinate court must invariably give the number of each witness as he is examined. The witness produced by the plaintiff should be numbered as P.W. 1, P.W. 2 etc. by the defendant as D.W. 1 etc. and witnesses called and examined by the court under Order XVI, Rule 14 of the Code shall bee numbered as C.W. 1 etc.
In case there are two or more than two defendants having conflicting interest or producing different sets of witnesses, the witnesses produced by the defendant No. 1 should be numbered as D 1 W 1, D 1 W 2 etc. and witnesses produced by defendant No. 2 should be numbered as D 2 W 1, D 2 W 2 etc. and so forth.
87. Expenses of Government servant appearing as witnesses in civil suits. - When Government servant is summoned or is deputed by his department or office to produce official documents or to give evidence of facts, which came to his knowledge in the discharge of his public duties in a civil case to which Government is not a party, the party at whose instance such witness is summoned shall deposit with the court, travelling and other expenses in accordance with the rules for payment of expenses to witnesses in Civil Court as framed by the High Court under Order XVI Rule 2(3) of the Code of Civil Procedure of 1908 as amended from time to lime. Out of the sum so deposited the court shall pay the Government servant, the amount of travelling allowance and other expenses in accordance with the referred rules. The amount of T.A. shall be as admissible to him under the T.A. Rules, as for journey on tour on the basis of a certificate duly signed by the head of office or department showing the emoluments received by him as pay etc.
(G) Judgment and decree
88. Mode of recording judgment. - To each judgment shall be prefixed a heading specifying the number of the case and the names of all the parties.
No court shall write a judgment or final order on the order-sheet, or any paper already on the file, such as pleadings, applications, objections etc.
A judgment may be written or type-written by the Presiding Officer or may be recorded at his dictation, but every page of the record or a judgment, not in the handwriting of the Presiding Officer shall be attested by the Presiding Officer's signatures.
89. Provision of C.P.C. to be given in certain judgments. - When plaints are rejected or returned, and in cases disposed of without decree, as also in case in which decrees are passed without contest the Presiding Officer shall put on record the section or order and rule, of the Code under which the judgment or order is passed.
90. Reference in judgments to parties and witnesses. - (1) A reference to a party or a witness shall be by name and number, and not merely by number like P.W. 1 or Defdt 1.
(2) Judgment shall contain words in full and not in abbreviated forms except where the abbreviations are well recognised and are in common use, such as a.m., p.m., e.g.
91. Judges may take records out of courts. - Presiding Officers of Civil Courts may take records for perusal or writing judgment to their residence but only under proper entries made in a register kept for the purpose by the Reader or other clerk having custody of the record at the time. Records thus taken out of office must be returned as soon as possible.
92. Judgments not to be delayed. - (1) A judgment shall be delivered within a reasonable time after the close of the case which shall, in no case, exceed one month and in case judgment is not pronounced on the appointed date the Presiding Officer shall assign cogent reasons for not pronouncing judgment on that date. The date for pronouncing a judgment shall not be postponed more than once.
(2) Completed cases to be decided by officer before proceeding on transfer.-After the receipt of the transfer order, a Presiding Officer may pronounce judgments only in those cases which arguments have been heard and completed and the date of delivery of judgment, already fixed, falls in between the period of his receiving the order of transfer and handing over the charge.
93. Decree to be self contained. - Every decree and order as defined in Section 2 of the Code shall be drawn up in such a manner that in order to the understanding and execution thereof, it may not be necessary to refer to any other document or paper whatever, which is not made part of the decree or order.
Prescribed forms of decrees.-In all cases in which the form of a decree has been prescribed or indicated by statute, the decree shall be prepared, as far as possible, in the form so prescribed.
94. Taxing of diet money of witnesses. - In taxing costs the diet money of only such witnesses as are actually examined shall be included unless the court direct otherwise.
95. Drawing up of decree. - (1) The decree or formal order shall be drawn up ordinarily within three days of the date of judgment and shall bear that date. After the decree has been examined, it shall be signed by the Presiding Officer and the date of such signature entered by him immediately beneath the signature.
(2) Contents of decree (original).-The Presiding Officer shall see that the decree or formal order drawn up specified clearly the relief granted or other determination of the case and contains definite particulars of the claim.
96. Contents of appellate decree. - When an appellate court modifies or reverses the decree of the trial court the appellate decree shall specify the relief actually granted as the result of such modification or reversal. The Judge shall satisfy himself before signing the decree that the relief thus specified has been embodied in the decree.
97. A copy of appellate judgment to be sent to the officer against whose order or decree, the appeal was preferred. - A copy of an appellate judgment certified to the lower courts shall, after noting the result in the appropriate register, be put up for perusal to the officer against whose order or decree the appeal was preferred, such officer shall return the copy within a fortnight.
98. Information to departmental heads when necessary. - A Presiding Officer shall, after delivery of his judgment in any suit or proceeding, inform the head of the department concerned of any circumstances personally affecting any public servant in that case.
CHAPTER III
(A) Summons and other processes (General)
99. Parties to file summons. - (a) A party shall file with the plaint memorandum of appeal or an application requiring the issue of a summon/ notice, a printed summons/notice form* in duplicate, in the Devnagri, duly filled up except in respect of the date of appearance/hearing and date of issue of the summons/notice. The Court may also direct a party in any proceeding to file a summons or notice filled up as above to be sewed on the opposite party:
Provided that the Presiding Officer may in his discretion direct that such forms in general or any particular such form be filled up entirely in the office of the court.
*Note.-These can be had on payment of a fixed price from licensed stamp vendors.
(b) Parties to make repeated efforts for service.-In the absence of any special order of the court, it shall further be the duty of such party to ascertain the service of summons or notices and to make subsequent applications for issue of summons/notices within, next 7 days of the return to the court summons or notices which has not been duly served.
(c) Date to be filled by office.-In summons and notices the date of appearance/hearing and the date of issue shall be filled up by the office of the court and the Presiding Officer or the Munsarim or Reader, to whom such authority may have been delegated, shall sign the summons/notices and also put the date of signature.
(d) Form to be legibly written and signed by parties.-The forms shall not be accepted unless filled up in a bold, clear and legible handwriting. The parties, their recognised agents or counsels shall sign the form in the left bottom corner, and will be responsible for the accuracy of the information entered in the forms.
(e) Process to contain name of issuing court.-In every process or order issued or made by a Judicial Officer, the names of the court and the officer issuing or making it, and of the place and the district where the court is located, shall be legibly written at the top.
In all cases all judicial officers and Munsarims or Readers shall sign their names distinctly and legibly. No such signature shall be made by means of a stamp.
(f) Form of process.-Where there are printed forms available for any process, such forms shall invariably be used. Where there is a prescribed form but no printed copies are available, a process shall be written in a prescribed form. In cases where there is no prescribed form, a form prescribed for analogous, cases, if possible, shall be modified to meet the requirements of the particular case.
(g) When translation to accompany process sent to other courts.- Where a process is sent to the court of a State where Hindi language is not in ordinary official use, a translation, certified by the transmitting court to be correct, into English may be substituted.
(h) Cost of printed saleable forms to be taxed in decrees.-Cost of printed saleable forms filled by the parties shall be taxed in all decrees.
100. Contents of process. - Before issuing a process, the issuing officer shall satisfy himself that such description of the person for whom the process is intended or in respect of whom or whose person or property it is issued, is entered therein as well enable the process-server without risk of mistake to identify such person or property. The name, father's name/occupation, district, mohalla (if any), village or town shall be set forth in the process. Where such description does not appear in the application of the person moving the court to issue the process or in the record, the orders of the court shall forthwith be taken by the issuing officer.
101. Time to be allowed in processes to Government Department. - In all processes issued in any suit or proceeding to which the Government, Court of Wards or a Railway Administration be a party, care shall be taken, that a reasonable time is allowed for communication between the authorities competent to give instructions to the counsel or agent authorised to represent them in court.
102. Process fee for notice in execution cases. - (1) The process fee for issue of notice either under Rule 16 or Rule 22 of Order XXI shall be paid when the application for execution is presented. After service of notice, if the court directs execution to issue, the fee for attachment or arrest, as the case may be, shall be paid promptly and if the judgment-debtor's property is, after the attachment, ordered to be sold, the necessary sale fees shall be deposited.
(2) Process fee deposited in previous execution not to be used in later execution.-When an application for execution of a decree has been disposed of and a fresh application is made, the process fee deposited in connection with the previous execution and not spent shall not be utilised for issue of a fresh process.
103. Postage for sending processes. - No charge for postage for transmission of processes from one court to another shall be levied from the parties, postal charges being paid by means of service postage stamps by the court forwarding or making return.
104. Endorsement on processes sent for service to other courts. - (1) When a court sends a process for service or execution to any court beyond its jurisdiction, it shall endorse on the process a certificate that the fee chargeable under the rules has been levied.
(2) When processes or summonses are issued in a language other than the Official Language of the receiving court, such processes or summons should be accompanied by an authorised English translation.
(3) The report from the receiving court to the originating court regarding the service or non-service of the process or summons should similarly be accompanied by an authorised English translation of the report.
105. Service of processes from other courts. - When a process bearing a certificate that the proper fee has been levied, is received by a court from another court in India, the court shall cause it to be served without further charge.
106. Particulars in record of court returning summonses. - The court to which the summons has been sent under Order V, Rule 21, shall retransmit it to the court by which it was issued together with-
(1) the Nazir's return and the affidavit or examination on oath of the serving officer;
(2) the record of further inquiry, if any, by such court;
(3) where the sendee has been effected by affixation under Order V, Rule 17, a declaration by such court whether the service is sufficient or not.
107. Processes for service by foreign countries. - A process meant for service in foreign countries shall be sent through the High Court to the Ministry of External Affairs, Government of India.
108. Directions for processes to be sent to foreign courts. - The following directions shall be carefully complied with when any processes are to be issued for service in foreign countries (i.e. a State or country outside India):-
(a) They shall be drawn up in proper form and type-written, where printed forms are not used, they shall be written on good durable paper.
(b) They shall be written in English and shall be legible. Such summons etc., shall not be signed by the Munsarim but by the Presiding Officer of the court issuing them, and he shall satisfy himself that the documents are correctly addressed and properly sealed. This matter shall not be left to the parties and the Munsarims.
(c) The names and addresses of the individuals upon whom a process is to be served shall also be stated in the forwarding letter accompanying the process.
(d) All documents not in English shall be accompanied by their translation in English and in addition where the person upon whom the service is desired is not a British subject, by a translation into the language of the country concerned.
(e) In such cases the court shall fix the next date for hearing of the suit, atleast seven months ahead so as to allow sufficient time for execution and return of the process to India before the next date of hearing of the suit. The returnable date to be specified in the process shall in no case be less than six months, after the date on which the processes are finally despatched to the High Court.
109. Deposits of expenses of summons to be sent to foreign countries. - (1) Where a process is issued to any court outside India, the court issuing the process shall require the party at whom instance the process is issued to pay in cash (and not in court fee stamps), such fee for service as is required by the court to which the process is to be sent, and shall transmit the same to court, together with, in the case of summons to a witness, reasonable travelling and other expenses.
(2) A process issued by any such court shall only be served upon receipt of the process fee chargeable, under Rule 287 and of the expenses payable to the witness under Order XVI, Rule 2, the process fee thus received shall be expended in the purchase of court fees stamps to be affixed to the process.
(B) Process to Soldiers and Public Officers
110. Summons to soldiers, sailors and airmen. - A summons to a soldier, sailor or airman, as defendant or as witness, shall be sent for service to his Commanding Officer, together with a copy to be retained by the defendant. In such cases, sufficient time shall be given to admit of arrangement being made for the relief of the person summoned.
111. Summons to public officers or employee of Indian Railways. - A summons notice to a public officer (not belonging to Indian Military, Naval or Air force) or an employee of Indian Railways, or local authority as defendant or as witness, if it appears to the court that the summons or notice will most conveniently be so served may sent it for sendee to the head of the office where he is employed together with a copy to be retained by the defendant.
112. Intimation to Head of Office when summons sent to public officer or employee of Indian Railways. - In every case where a court feels fit to issue a summons direct to any public officer (not belonging to Indian Military, Naval or Air Force) or an employee of Indian Railways or local authority as a witness, simultaneously with the issue of the summons/notice in the prescribed form (F. 6) shall be sent to the head of the office in which the person summoned is employed, in order that arrangements may be made for the performance of the duties of such person.
113. Intimation to Head of Office when summons sent to public officer etc. - Where a public officer or an employee of Indian Railways or local authority or soldier, sailor or airman has been summoned under Order V, Rule 3, to appear in person through the head of the office or the Commanding Officer, in the forwarding letter in the prescribed form (F. 7) or in a note on the summons, it shall be stated that the summons should be regarded by such head of the officer or Commanding Officer also as notice to make arrangement for the performance of the duties of such public officer or soldier, sailor or airman, during his absence.
114. Public officer summoned for personal appearance. - Neither of the preceding two rules apply where an officer or a soldier, sailor or airman in the Military, Naval or Air Force of the Union of India or a public officer or an employee of Indian Railway or local authority is summoned as a defendant under Order V, Rule 1. In such cases he shall make his own arrangements if he wishes to appear in court in person.
115. Sufficient notice to be given for enforcement of personal attendance of a public officer. - Before the personal attendance of an officer holding a responsible post is enforced the Presiding Officer shall satisfy himself that his attendance is necessary. If such officer is summoned away from his district,- sufficient notice shall be given to him and to his immediate superior to enable arrangement to be made for the discharge of his duties in his absence.
116. Warrant for arrest of public servants or Railway servants. - (a) No warrant of arrest shall ordinarily be executed against any Government servant until notice in the prescribed form (F. 8) of the intended arrest has been given to the head of this office.
(b) No warrant of arrest shall be executed against any employee of Indian Railways or any person working on railway in the service of a contractor till notice of the intended arrest has been given to the proper officer of tire Railway or to the contractor or his representative.
(C) Service of Processes
117. Establishment of process-servers. - There shall be one general establishment of peons under the immediate direction of the Nazir incharge for the service of processes issued by all courts for service within the local jurisdiction of the courts of Munsifs located at the same station.
Note.-The court of Munsif here means the court of the lowest jurisdiction.
118. Number of processes to be served annually by a process server. - Subject to any orders of the High Court, the normal establishment of peons shall be at the rate of one peon for an annual average of 600 processes issued. An emergent processes or a day occupied by a peon on duty other than of process sewing shall be reckoned as equal to three processes.
119. Process - servers to be properly dressed. - It shall be the duty of the Nazir incharge to see that the process sewers are in uniform and wear their badges, belts and satchels.
120. Processes to be delivered to whom for service. - Every process issued or received by a court for service within the area covered by the process sewing organisation at the station where such court is located shall be delivered to the Nazir incharge for service.
121. The Nazir to be deemed the serving officer of the court sending the process. - The Nazir to whom the process is sent and the preceding rule shall be deemed the sewing officer of the court from which he receives the process, and shall forward direct to such court in the case of a summons the return prescribed by Order V, Rule 18, and in the case of a warrant for arrest, the judgment debtor, if arrested and any decretal money received from the judgment-debtor.
Note.-A Nazir may serve a process himself but ordinarily should get processes sewed by processes sewers.
122. Processes for serving within outlying MunSif. - Where any process is issued for service outside the area covered by the process sewing organisation at the station where the court issuing the process is located it shall be sent to the Judge or Munsif concerned:
Provided that, if the process is for sewice within the local jurisdiction of the court issuing it,-
(a) warrants of arrest,
(b) urgent processes,
(c) any other process which, in the particular case, it is advisable to serve or execute by a headquarter's peon may be delivered to the Nazir incharge at headquarter for service by a headquarter's peon.
123. Nazir's list of inhabited places. - Every Nazir incharge shall maintain for the jurisdiction for which he is the serving officer:-
(a) a list of all inhabited places within a five mile radius of his office;
(b) a list of all inhabited places outside such five mile radius;
(An "inhabited place" for the purpose of this rule means a place containing inhabitants and having a distinctive name).
(c) a map of the area in the territorial jurisdiction of the court of which he is Nazir; and
(d) a map showing the beats fixed by the Nazir for process-servers under his control.
124. Beats of area outside five mile radius. - (1) The Nazir incharge shall divide the area outside the five mile radius into beats, shall make the best beats, and shall make the best arrangement possible for the prompt service of processes in each beat.
(2) The Nazir incharge shall prepare a statement showing-
(i) the number of the beats.
(ii) the names of the tehsil and villages included in the beats.
(iii) the day or days of the week on which processes are issued in the beats, and
(iv) the number of process-servers posted to each beat.
The allotment of process-servers to the various beats shall be done by the Munsif or Judge incharge every year but for special reasons a process-server may be transferred from one beat to another earlier also.
A copy of such statement after it has been approved by the District Judge shall be supplied to each court and kept in the court room with a view to dates being fixed in accordance therewith.
(3) Processes almirah and distribution of processes.-In the office of the Nazir incharge, an almirah shall be divided into as many (or more) pigeon-holes as there are beats, with spare holes for urgent processes etc., and each process as soon as it is received shall be placed in its appropriate pigeon-hole. The processes shall be issued on the day fixed and on other days also if so ordered by the officer incharge of the Nazarat for any particular reason.
125. Issue of emergent processes. - Emergent processes shall be issued for service on the day they are received by the serving officer or on the next day.
126. Priority to process servers with long stay. - In distributing processes to the process-servers, priority shall ordinarily be given to the process-server or process-servers who have longest been at headquarters.
127. Processes from foreign courts. - A process received for service from foreign courts shall be shown in red ink in the register of processes, and the Nazir incharge shall place the register once a week before the Munsarim of the District Judge's Court or the Munsarim or Reader of his Court, as the case may be, who shall mark the last entry in the register and put his initials thereto indicating that he has checked all the entries and issued necessary orders for obviating delay.
128. Attendance of process-server. - An attendance register of process-servers shall be kept and the roll shall be called every morning at 10 A.M. or during summer hours at 7.00 A.M.
Diaries of process-servers.-Every process-server shall keep a diary, containing a copy of this rule on the first page, in the prescribed form (Reg. 7) wherein shall be recorded day by day in column 2.
The time period and purpose of his attendance, in the Nazir's office or in court the duties performed, places visited by him together with the time spent therein and stopping place for the night when away on duty from his headquarters and in column 3 the signature of the Nazir of a court, or of the Patwari, Sarpanch, Panch or other respectable person of the places visited, as the case may be, in attestation of the contents of column 2.
129. Service by special messenger. - A process may be executed by a special messenger-
(1) in the case of a warrant for the arrest of a person,
(2) in any other case in which a court either suo motu or otherwise, records an order that, for the convenience of the parties or for some other reasons, it is expedient that such process shall be executed by a special messenger. A special fee shall be payable for such "emergent service". The court shall, at the time of passing the order, declare by whom the fee shall be paid and whether it shall be included in the costs of the suit or be charged to a particular party.
130. Tonga hire for emergent service. - In addition to the special fee payable for an emergent process the court may direct payment by the party concerned of requisite railway fare, Tonga hire or any other incidental charges.
131. Prompt service of processes. - The Nazir shall arrange for the prompt issue and service of all summons to witnesses received by him having regard to the dates fixed for the attendance of such witnesses.
132. Code of service of processes. - The provision of the Code relating to the service of summons etc. should be carefully complied with. Attention is drawn in particular to Order V, Rules 16, 17 and 18 and Form No. 11, Appendix 'B' as also Order III, Rule 5.
The process-server should, as far as possible prepare his report on the spot, and attestation of the service should be obtained wherever possible from two respectable residents of the locality in a town or from Sarpanchs and Panchs, Patwaris or neighbours in a village.
Note.-It should be impressed upon the process-servers that it is their duty and not of the party concerned unless specially directed by the court in any particular case to find out the person on whom the process is to be sewed. It is not necessary for the party to accompany them for identifying that person. They should seek the assistance of the village Sarpanch, Panch, Patwari, etc., to find out the person on whom the process is to be served.
133. Sufficiency of service and re-issue of processes. - When a process is received back with a service report as contemplated under Order V, Rule 17, it shall be promptly laid before the court for orders under Order V, Rule 17. A fresh service on payment of necessary process fee shall ordinarily be ordered if there is sufficient time for such service to be effected.
CHAPTER IV
Arrangement, Preservation and Destruction of Judicial Records
Section I - General
134. Wrapping of a record or part of a record. - Each record, or when the record is maintained in separate parts, each part of a record shall be wrapped in a durable file paper and shall be stitched in book form.
135. Particulars to be shown on every sheet of application etc. - (1) Every sheet of an application, petition, process, notice, or order in relating to a suit which will include a proceeding from the institution of the suit down to the final decree shall bear on the left hand centre portion of each paper (obverse side):-
(1) the name of the court in which the original suit was instituted, or to which it was transferred;
(2) the register number and the year of the original suit; and
(3) the title of the suit:
Provided that where the above particulars already appear on any paper the endorsement required by this rule shall not be necessary.
(2) Similarly on every sheet of an application, petition, process, notice or order in or relating to an execution application shall bear on the left hand centre portion of each paper (obverse side):-
(1) the name of a court in which the execution application was filed or to which it was transferred;
(2) the register number and the year of the execution application; and
(3) the title of the execution application.
136. Particulars to be shown on the title page of a record or part of a record. - Each record or when such record is divided into parts, each part of such record, shall have a title page (or wrapper) in the prescribed form (F. 9) showing the following particulars:-
1. Name of court.
2. Kind of case.
3. Title of case.
4. Number and year of case.
5. Date of institution.
6. Date of disposal.
7. Date of consignment to record room.
8. Date of decision in appeal or revision.
9. Kind of file or part.
10. Class of record.
137. Keeping of parts of a record. - When a record is divided into parts, whether each part shall be kept in a separate file or whether two or more or all the parts of a record shall be stitched together in one file, shall be determined in each case having regard to the nature of the case and the size which the record is likely to attain or has attained.
138. Recording of proceedings, notes, depositions and reports in the record. - (a) All proceedings, notes, depositions, memoranda and reports shall be written on foolscap size paper. They shall be so recorded as to leave sufficient margin on each side of the paper, so that any writing may not be covered by the stitching or obliterated by fraying at the edges.
(b) The practice of writing orders, report 'sherishta' or other matter across the top and along the side of a page is forbidden.
139. General Index. - (a) As each case is instituted, the clerk-in-charge of the record shall prepare a General Index in (F. 4) which shall be prefixed to the record of every case and each paper as it is filed unless otherwise directed in these rules shall be entered in the index, along with its dale of presentation, in the order in which they were brought on record.
(b) The exhibit mark of every document admitted in evidence shall be noted in bold letters and figures on the right hand margin of the index (F. 4) opposite the entry relating to such document.
(c) When a paper is removed from the record the fact of such removal shall at once be noted in the General Index (F. 4) and the appropriate index of exhibits against the entry of that paper.
140. Order-Sheet. - An order sheet in the prescribed form (F. 10) shall be maintained as the second paper of the record in every suit or case. The order-sheets are intended to be record of the progress of the suit or proceeding from the date of the first hearing of the suit or proceeding. The order-sheet shall be legible and complete and shall contain-
(i) a record of the presence of the parties by name and the names of their recognised agents or counsel.
(ii) a record or each order passed and material event occurring in the proceedings of the case on that date.
(iii) an order, not being an order for adjournment or postponement, the reasons for which are required to be recorded at length, shall not be written on the order-sheet but only note of the order and of the date on which it was made shall be entered on it. Every entry upon the order-sheet shall be signed by the Presiding Officer. Every order-sheet shall bear at its top the number and the title of the case.
(iv) a record of the production of documents, admissions and denials thereof by the opposite party and the decision on questions of relevancy, if raised and the tendering of the documents in evidence, their rejection impounding or return.
141. Contents of order-sheet. - The expression "material event occurring in the case" used in the preceding rule shall, without prejudice to its generality, be held to include,-
(a) the filing of a plaint or written statement;
(b) the examination of parties under Order X, Rules 1 and 2;
(c) the recording or amendment of issues;
(d) the examination and names of witnesses;
(e) the reading of the deposition of a witness examined by commission;
(f) the filing of a commissioner's report and any objection (oral or in writing) thereto;
(g) the present of witnesses when a case is adjourned;
(h) the hearing of arguments;
(i) the delivery of judgment;
(j) the signing of a decree;
(k) the filing of an application for review of judgment or amendment of decree; and
(l) an order relating to a deposit, an order for repayment thereof, or an order for issue of a re-payment order.
Note.-Upon receipt of an application for re-payment, it will be necessary to re-consult the original record if original record is already in court, the entry will be made in the order-sheet of such record and initialled by the Judge; but if the original record is in the record-room and the procedure laid down in the Rule 262 has been followed an entry of such order passed by the court shall be made by the record-keeper under his own initials when the application for re-payment is received by him for being filed with the record.
142. Entries in the order-sheet. - Entries in the order-sheet shall be made by the Presiding Officer or by the Reader under the directions of the Presiding Officer and shall bear the signatures or initials of the Presiding Officer.
143. Information to and signature of parties. - Orders fixing dates or adjourned dates for hearing or directing anything to be done by the parties or their counsel whether recorded in the order-sheet or elsewhere, shall so far as possible be signed then and there by the parties or their counsel.
Section II - Division of Civil Records into Classes
144. Division of records of judicial proceedings in Civil Courts. - (1) The records of judicial proceedings in Civil Court shall be divided into three classes.
(2) Class I shall include records of-
(a) suits for or affecting immovable property, including suit for foreclosure, sale or redemption other than suits for arrears of rent or for a share in produce, when the right is not disputed and only the amount is contested.
(b) suits in respect of the succession to an office or to declare the validity or invalidity of an adoption or otherwise to determine the status of an individual.
(c) suits relating to public trusts, charities, endowments, rights or customs.
Note.-For the purpose of this rule, cases affecting personal status, do not include insolvency cases, but where a question of title to immovable properly arises in such a case, the record of such proceedings shall come under para (a) above.
(3) Class II shall include records of-
(a) contested and uncontested suits and cases for succession certificates-probate and fetters of administration and for the revocation of the same.
(b) cases relating to the guardianship of minors and the administration of their property.
(c) cases relating the guardianship of lunatics and the care of their estate.
(4) Class III shall include records of all suits which do not come under Classes I and II.
(5) The records of appeals against decrees and final orders shall belong to the class to which the record of the original case belongs.
(6) The records of appeal in cases other than those referred to in the above sub-rule shall belong to Class III.
(7) The records of execution cases, where a question of interpretation of decree is determined, shall belong to the class to which the record of the original case belongs.
(8) The records of execution cases, where possession of immovable property is given in pursuance of the decree or where immovable property is sold in execution, shall belong to Class 1.
(9) The records of execution cases, except those referred to in the preceding two rules, shall belong to Class III.
(10) The records of insolvency cases, where the court decides a question of title to immovable property, shall belong to Class I.
(11) The records of insolvency cases, other than those referred to in the above sub-rule, shall belong to Class III.
(12) The records of all other cases which do not fall in any of the classes mentioned hereinbefore shall belong to Class III.
145. Arrangement of civil records. - (1) The record of an original civil suit or case shall be arranged in four Parts A, B, C, and D.
(2) (i) Part-A shall contain the following papers:-
(a) Index of papers.
(b) The Order-sheet.
(c) The plaint, petition or application together with any schedule annexed thereto.
(d) Any process served upon the defendant together with the return of service in cases decreed ex-parte.
(e) Written statements and oral statements of parties or their counsel or other persons recorded under Order X, Rule 1 and 2 of the Code.
(f) The memorandum of issues.
(g) Any award of arbitrators or petition of compromise, if given effect to in the decree, also the report together with the map (if any) of a Commissioner in matters relating to immovable property, if referred to or given effect to in the 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 a compromise as beneficial to the minor or lunatic.
(h) Any order for, administration or for partition or for accounts or inquiry, with the direction given and the judgment upon which such order founded.
(i) The judgment or final order.
(j) The preliminary decree (if any) and the final decree.
(k) The copy of any judgment and decree passed in appeal or revision.
(l) Any other paper, which the Presiding Officer may, for reasons to be recorded in writing order to be placed in Part-A.
(ii) Part-B shall contain the following papers:-
(a) Index of papers.
(b) All oral evidence.
(c) Vakalatnama.
(d) All petitions and papers not specified as included in any other part.
(iii) Parl-C shall contain the following papers:-
(a) Index of papers.
(b) List of documents admitted in evidence on behalf of the plaintiffs.
(c) Documents admitted in evidence on behalf of the plaintiffs.
(d) List of documents admitted in evidence on behalf of the defendants.
(e) Documents admitted in evidence on behalf of the defendants.
(iv) Part-D shall contain the following papers:-
(a) Index of papers.
(b) All summonses, processes, returns thereto, lists of witnesses, petitions relating to the attendance of witnesses or adjournments, proceedings calling for or sending papers of records and affidavits relating to matters mentioned in this sub-rule petitions for grant of copies or for inspection of records and papers relating thereto.
(3) The papers in each part of a record shall be arranged in the order in which they are set forth in these sub-rules. When there are several papers of the same kind, they shall be arranged in chronological order except that when a witness has been cross-examined or re-examined at a later stage of the proceedings, such cross-examination or re-examination shall be attached to his original deposition.
(4) The record of a civil appeal case shall be arranged in four parts-A, B, C and D.
(5) (i) Part-A shall contain the following papers:-
(a) as in original case;
(b) as in original case;
(c) the petition or appeal, together with copies of judgments and decrees of lower courts;
(d) as in original case;
(e) any cross-objection filed by the respondent;
(f) issues referred for trial by the appellate court with the findings thereon;
(g) as in original case;
(h) as in original case; and
(i) as in original case.
(ii) Parts B, C and D shall be arranged in the same manner as in an original case.
(6) The record of an execution case shall be arranged in two parts-A and B.
(7) (i) Part-A shall contain the following papers:-
(a) Index of papers.
(b) The Order-sheet.
(c) The application for execution, together with any schedule annexed thereto and the copy of the decree.
(d) Any petition raising any question as to the construction or effect of the decree and any counter petition.
(e) The judgment of the court on such question.
(f) The copy of any judgment passed in appeal or revision.
(g) Nazir's return of delivery of possession.
(h) Acknowledgment of receipt of possession.
(i) Court copy of certificate of sale.
(j) Receipt or acknowledgment of satisfaction of decree.
(k) Power of attorney where it empowers the agent of counsel to receive money.
(l) Order of commitment to civil prison and order of release therefrom, together with the jail report of execution of the order.
(ii) Part-B shall contain the following papers-
(a) Index of papers.
(b) All papers not contained in Part A.
(8) The record of an investigation into a claim or objection preferred during execution proceedings shall be separately complied and arranged as the record of an original case.
146. Paper taken out of a record to be replaced with a copy. - When a document in any record, civil or criminal, is made an exhibit in another record, and is removed to that record, a certified copy of the document shall be retained in the record from which the document is removed and a note of the removal made on the general index or order-sheet. The certified copy shall be prepared by the court, Reader or clerk and shall be signed by the Presiding Officer of the court. After the decision of the appeal or after the expiry of the period of appeal, if no appeal has been brought, the document shall be returned to the record of which it originally formed part, its place being taken by the certified copy.
147. Documents forming basis of suit how dealt with. - (1) A party filing an original document on which his suit or defence is founded (except when the valuation of the suit is not above Rs. 500/- and the suit is of a nature triable by a Small Cause Court) must file also a copy thereof. This shall contain at the top, a note of the stamp duty paid on the original document. The copy will either be prepared by the copying department on payment of fees, or compared there on payment of one-quarter of the charges for preparing a copy.
(2) The document or documents will be kept on a separate file called supplementary 'C' file with an index.
(3) This supplementary file containing the original document or documents and the index will be kept by the Munsarim or Reader in a locked almirah and the key will remain in his custody.
(4) The certified copy will be placed on record of the suit and will serve the purpose of persons inspecting the record. An inspection of the file documents will only be allowed in exceptional circumstances and will take place in the presence of the Munsarim and under his control, and on its termination, he will certify that he has counted the documents and seen that none has been injured or obliterated.
(5) The file of documents will be produced at the hearing of the suit for the purpose of proving the documents but except when the file is being shown to a witness, the file will remain on the table of the Presiding Officer. On the termination of the hearing, the Munsarim or Reader will take the file into his custody.
(6) When a record comes to an appellate court the file of documents will be kept in the custody of the Munsarim or the Reader, as the case may be, of the appellate court.
(7) A party may ask the court to put any other document into a sealed cover on the record or to add any document to supplemental")' file "C" and the court may do so if it thinks fit.
(8) After final disposal of a suit and orders on appeals if any, supplementary file 'C with index will be added en-block to main file "C" before consigning the record to the record-room.
148. Munsarim's certificate as to papers on record. - Before a record or part of a record is deposited in the record-room, the Munsarim or Reader shall record a certificate in the following form at the foot of the general index:-
"I have this .............day of...............examined the papers in this part and find them to correspond with the general index; they bear (here slate number) court fee stamps of the aggregate value of Rs All orders have been carried out. The file is complete up to the date of this certificate."
When a record or part of a record has been taken from the record-room into court, and any fresh papers have been added to if, the Munsarim or Reader shall, before the record or part is again deposited in the record-room, record a further certificate in the same form as above, at the foot of any fresh entries in the general index. Such further certificate shall refer to the added papers only.
CHAPTER V
Execution
149. Prompt disposal of execution cases. - Every Presiding Officer shall see that execution cases are not neglected or needlessly prolonged, but disposed of with the same care and regularity as original suits. Sufficient time should be allowed for the execution of all processes warrants and orders issued which shall be drawn up in the execution department in strict rotation except in special cases under written orders of the Presiding Officer. Processes and orders ordered to be given 'dasti' to a party or counsel shall be promptly prepared and given out the same day or next day in court through the Reader.
The Presiding Officer shall see that the orders issued by him are carried out, and frequent or habitual carelessness, unpunctuality or procrastination in the execution department should be adequately punished.
An order staying execution shall be promptly complied. If execution has taken place, there shall be no restitution in pursuance of the order of stay.
150. Procedure on receipt of decree from another court. - (1) A decree or order received for execution from the High Court or from a court subordinate to the High Court shall be entered in the register of application for execution of decree and orders (Reg. 36). It shall on receipt be laid before the court which will pass an order more or less to the following effect:-
"Let this application be put up on this day of.....................year, or earlier, if any application is received for execution."
As soon as an application for execution of the same is made, alongwith such application, the documents mentioned in Order XXI, Rule 6, shall be laid before the court. The court to which the decree is sent shall proceed to execute the decree.
The record of proceedings, shall be returned to the court by which the decree was sent for execution:-
(a) when the decree has been executed, wholly or in part by the court to which it has been sent;
(b) when the decree is found for any reason to be incapable of execution; or
(c) if no application is made for execution, after the expiry of one year from the date on which the decree was received.
In the case of (b) or (c), along with the file shall be sent a statement explaining the reason for the return of the record. In no case shall such file be consigned to the record-room of the court to which the decree has been sent for execution. The court by which the decree was sent for execution, shall on receiving back these papers, cause them to be filed with the application of the decree-holder for execution.
(2) A decree received for execution from a court not subordinate to the High Court, shall be entered in the register of applications for execution of decrees and orders (Reg. 35). It shall on receipt be laid before the District Judge who will pass an order more less to the following effect,-
"Let this application be put up this ............ day of........... year of earlier if any application is received for execution."
As soon as an application for execution of the same is made, along with such application the documents mentioned in Order XXI, Rule 6, shall be laid before the court.
The District Judge will either himself deal with the application for execution or send it to a court subordinate to him for execution. The subordinate court will proceed to execute the decree and return the papers when execution has been fully carried out or carried out as far as the decree-holder is prepared to carry it.
The papers will then be returned to the District Court and laid before that court at the earliest opportunity. The record of the execution proceedings shall be retained and filed in the court which received the decree for execution, the result of the proceedings being certified to the other court as required by Section 41, of the Code.
151. Copy of decree need not accompany execution application. - The application for execution of a decree excepting the first application, need not be accompanied by a copy of the decree sought to be executed. But an application for an order for sale under Order XXI, Rule 66 (3) of the Code, shall invariably be accompanied by a statement signed and verified in the manner prescribed for the signing and verification of pleadings and containing. So far as they are known to or can be ascertained by the person making the verification, the matters required by sub-rule (2) or Order XXI, Rule 66.
152. Duty of Munsarim and Office. - It shall be the duty of the Munsarim or the Reader, as the case may be, to receive applications for execution and before putting up an application for orders, the office shall, by reference to its registers, ascertain and report whether the requirements of Order XXI, Rules 11 to 14 applicable to the case have been complied with and whether the application is within time and jurisdiction.
The Office report shall state the application is in order, or, if it be not in order, shall state the exact defect and how the defect should be remedied.
The execution application should, as a rule, be put up before the Presiding Officer on the next working day.
153. Serving Officer's endorsement on warrants. - The Officer executing a warrant of arrest or attachment shall endorse on the warrant, the fact of satisfaction of the decree in whole or in part only when the amount is paid to such officer himself or paid to the decree-holder in his presence or payment of the amount is admitted by the decree holder or his recognised agent in writing. If the decree-bolder or his counsel does not appear on the next date fixed for the case, the court shall record the decree satisfied to the extent of the payment made.
154. Pasting of proclamations and orders. - Copies of orders of attachment and proclamations of sale shall be so affixed with paste or gum that they may be maintained in a condition to attract the attention of those for whose information they are intended.
155. Sale by court in execution of decree. - Where property to be sold in execution of a decree is a garden, land occupied by a house or appurtenant thereto or movable property, of any description, or is any interest in such garden, land or movable property, the court shall appoint a sales amin or other official, appointed for the purpose to conduct the sale, unless special reasons render it necessary that other agency should be employed, in which case such reasons shall be set forth in the handwriting of the Presiding Officer in the order of appointment.
156. Contents of sale certificates. - (1) A certificate issued under Order XXI, Rule 94 shall invariably contain the following particulars:-
(a) the "addition" (as defined in Section 2(1) of the Registration Act. 1908), of the person who is declared to be the purchaser; and
(b) particulars sufficient to identify the property as required in Sections 21 and 22 of the said Act.
(2) A sale certificate issued under Order XXI, Rule 94 in respect of any sale shall be drawn up upon a stamp paper of the value required by Article 18 of the 1st Schedule of the Stamp Act No. 11 of 1899 as adapted to Rajasthan under the [Rajasthan Stamp Law (Adaptation) Act, 1952 (Act No. VII of 1952)].
(3) Every court granting certificate of sale of immovable property under the Code, shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of immovable property comprised in such certificate is situate, and such officer shall file the copy in his Book No. 1.
(4) On each copy of the certificate the amount of stamp duty paid on the original certificate shall be noted.
N.B. Copies prepared in compliance with Section 89(2) of Registration Act, 1908 are, by Article 24(a) of Schedule 1 of Stamp Act No. 11 of 1899 as adapted by the [Rajasthan Stamp Law (Adaptation) Act, 1952 (Act No. VII of 1952)] are exempt from Stamp duty.
(5) All copies of certificates of sale shall be prepared upon durable paper sufficient margin being left for binding.
157. Postal charges for transmission of decree to another court. - Postage shall be levied in the form of Rs. 6/- cash from the decree-holder for the transmission and return by post of a decree, sent under Section 39 of the code to another court for execution upon an application by the decree-holder. The money shall be credited into the treasury.
CHAPTER VI
Record-room and the Preservation and Destruction of Records
The Record-room
158. Racks for each court. - A separate part of a rack or one or more separate racks in the record-room shall be, as far as possible, assigned to each court the records of which are consigned in the record-room.
159. Arrangement of records. - Records shall be kept in accordance with the dates of disposal of the cases to which they relate.
Records of different kinds of cases, e.g., original suits, appeals, shall be kept separately.
Records of execution cases relating to the same decree shall be kept together.
Records of execution cases shall be kept in the same order in which the records of the corresponding original suits are kept.
160. Transmission of record to record-room. - (1) At the beginning of every month, the complete record of all suits, appeals and miscellaneous judicial cases not relating to suits or other cases decided during the month shall be made up into a bundle; and on or before the twenty-fifth day of the month or as directed by the District Judge, they shall be transmitted to the record-room. Records of miscellaneous cases relating to other suits shall not be sent in the monthly bundle.
N.B.-Records of cases in which proceedings are stayed or in which proceedings are held-up for any reason shall not be consigned to the record-room.
(2) Every subordinate court shall on the 28th of every month submit a certificate to the District Judge to the effect that all records which should have been transmitted to the record-room under the preceding para have been so transferred or explain the cause of delay, if any, records have not been transmitted. For the District Judge's court this shall be done by the Munsarim of his court.
(3) If a completed record is required for use in the court in which it was completed, or if it has been requisitioned by another court, or it, for any other reason, a completed record is not sent to the record-room at the time specified in this rule "there shall be sent to the record-keeper, in the monthly bundle, in place of every such record, a copy of the form of requisition (Form 17) under which it has been detained, or transmitted elsewhere; the record keeper shall deal with this as an original requisition."
(4) An insolvency case wherein an order of adjudication has been made, shall not be deemed to be completed until the insolvent is discharged.
(5) The records of decided execution cases shall be consigned to the record-room at the end of each month in the manner indicated in sub-rule (1). They shall be kept in the record-room in the manner indicated in Rule 159.
161. Each bundle transmitted to accompany certain list of contents. - Each bundle transmitted to the record-room shall be accompanied by a list of the records it contains prepared by the official in charge of the records and signed by the Munsarim or the Reader of the court, as the case may be. The list shall be prepared in duplicate on the prescribed form (F. 12) and a copy thereof shall be kept on the top of the records before the bundle is closed, while the other copy duly signed by the Record-keeper shall be kept with the Munsarim or the Reader of the court concerned, as the case may be.
162. Procedure to be followed by a record - keeper.-With the bundle shall be sent an invoice in the prescribed Form (F. 13), the upper portion of which shall be filled up by the court transmitting the record and shall be signed by the Munsarim or the Reader of the court, as the case may be. On receipt of the bundle the record-keeper after comparing the entries in the invoice with the lists accompanying the bundles and with the number of records of each class actually received, shall if the invoice be found to be correct, sign the acknowledgment at the foot of it, and return it to the court from which it was received. If the invoice be found to be incorrect, the record-keeper shall acknowledge the receipt of the record actually received, and shall report the discrepancy for the orders of the Presiding Officer incharge.
163. Packing and transmission. - Each bundle shall be sewn up and sealed in the presence of the Chief Ministerial Officer of the court. In outlying courts at places where there are no record-rooms, the bundles of each class shall be sewn up into one large bundle and placed in a strong inclined box provided with duplicate keys, one of which shall remain in the court transmitting the records and the other in the court to which the record-room is attached.
164. Transmission of registers and books. - The rules for the transmission of record shall apply, mutatis mutandis to the transmission of registers and books.
165. Bundles pending examination. - The bundles of records as received by the record-keeper shall, pending his examination under the next rule, be kept in racks set apart for the purpose.
166. Record-keeper's examination of record received. - As soon as may be after the bundles have been received, the record-keeper himself or through his deputy or assistant record-keeper shall compare the papers in each record with the general index and satisfy himself:-
(1) that the papers in the record correspond with those entered therein;
(2) that each file contains the papers properly appertaining to it;
(3) that documents in the record bear no blots erasures, or inter lineations, except those noted in column 8 of the general index;
(4) that the papers bear the stamp entered in column 6 of the general index;
(5) that the stamp have been duly cancelled;
(6) that on each paper the number and aggregate value of the stamps on it have been recorded;
(7) that the rules made by the Government for regulating the number of stamps to be used for denoting fees have been complied with;
(8) that there is nothing suspicious in the appearance of the stamps;
(9) that all orders have been duly signed;
(10) that all necessary receipts are in the record.
167. Record-keeper's certificate of correctness or report to District Judge. - If the record be found to be in order, the record-keeper, the deputy record-keeper, or the assistant record-keeper, as the case may be shall record a certificate to that effect in the general index. If the record be found to be defective in any respect, he shall in writing report its condition for the orders of the Judge-in-charge; and the report with other papers consequent on it shall, after being entered in the general index, be filed with the record. Such report shall be made on the printed form (F. 14) prescribed by the High Court.
If the Judge orders the file to be returned for correction, the record-keeper will fill up Form No. 18, columns 2, 5 and 6 and deal with the form as if it were issued on receipt of a requisition from a court.
Where the court, of which the record has been found defective is at headquarters, it will be preferable, as a rule, to sent for the clerk at fault and have the necessary corrections carried out in the record-room. The record while under correction and the clerk correcting it should always be under the immediate eye of the record-keeper or of a deputy record-keeper.
168. Examination when to be completed. - The examination of the records of each bundle received in the record-room shall be completed within a month from the date of receipt.
169. List to be stitched into books. - As soon as the examination of the records in each bundle is completed, the lists which accompanied the bundle, shall be stitched into a file book and ordinarily at the end of the calendar year, the lists if each class of records shall be separately bound up for each court, so as to constitute registers of decided cases.
No other register of decided cases shall be kept up in the record-room.
If in any calendar year the number of sheets in any list is too small, the list may be bound up at the end of 2 to 5 calendar years as convenient.
170. Second punching of labels. - When a case is decided and consigned to the record-room, the record-keeper, the deputy record-keeper or assistant record-keeper shall punch a second hole in each court-fee label distinct from the first and note the date of his doing so at the same time. The second punching shall invariably be made in the middle of that part of the label on which its value is printed but shall not remove so much of the stamp as to render it impossible or difficult to ascertain its value or nature.
171. Arrangement of records in bundles. - (1) The record of a miscellaneous case arising out of a case, shall be placed along with the record of that case.
(2) The records of other miscellaneous cases shall be kept in separate bundles.
172. Treatment of miscellaneous cases relating to pending cases - When a miscellaneous case has been disposed of in a month and the main case out of which it has arisen is pending, the record of the miscellaneous case will be kept with that case.
173. Arrangement of records and labelling of bundles. - In the bundle, the records shall be kept according to their serial number in the list or register of disposed of cases, the bundles shall be so arranged as to secure better facility of access to more recent records.
On each bundle shall be painted, by means of a stencil plate or otherwise the year and month and the class of records and to each bundle shall be attached a label showing by their serial numbers the earliest and latest records, for the time being, belonging to that bundle.
The Judge-in-charge may assign different coloured bastas to the different courts from which records are received.
174. Period of retention of books and register in Court before consignment to record-room. - The following registers and books shall be retained in each court for the period specified against each:-
|
No. |
Description of Register or book |
Register No. |
Reference to Rule |
Period of retention in the court |
|
1 |
2 |
3 |
4 |
5 |
|
1. |
Despatch register |
57 & 58 |
330 |
One year after completion. |
|
2. |
Register of Miscellaneous Judicial cases not relating to suits or other cases. |
38 |
324 |
One year after completion. |
|
3. |
Register and books kept by Amins. |
59 to 63 |
331-332 |
One year after completion. |
|
4. |
Register of receipts of deposits. |
16 |
255 |
Three years after the items recorded in the register have been disposed of. |
|
5. |
Register of petty receipts and repayments. |
18 |
258 |
Three years after the items recorded in the register have been disposed of. |
|
6. |
Register of applications for execution of decrees and orders. |
36 |
324 |
Twelve years after completion. |
|
7. |
Register of civil suits. |
34 |
324 |
Fifteen years after completion. |
All other registers, books and papers specified in rules below shall be retained until completion.
Not later than 31st March following the period above prescribed for retention, the books, registers and papers shall be forwarded to the record-room accompanied by a list in the prescribed form (F. 15). The list shall be pasted into a file book kept for the purpose in the record-room, a separate file being assigned to each court.
175. Preservation and destruction of records. - (1) Part-A of civil records of Class I shall be preserved permanently.
(2) Part A of Civil records of Class II shall be preserved for 50 years.
(3) Part A of civil records of Class III shall be preserved for 24 years.
(3-A) Application under Order XXI, Rule II of the Code of Civil Procedure.-In the case of execution application of money decrees the record shall be preserved for 12 years from the date of the final decision in the execution case except in cases where an appeal or revision or any other proceeding against the order of the executing court is pending in a higher court or immovable properly has been attached in which case the record shall be preserved for 24 years.
(4) Part B and C of Civil Records of Class I shall be preserved for 12 years.
(5) Part B and C of Civil Records of Classes II and III shall be preserved for 6 years.
(6) Part D of Civil Records of all Classes shall be preserved for 3 years:
Provided that in cases in which an appeal or revision or any other proceeding against the decree or order of the court is pending in a High Court, the entire record shall be preserved till the intimation is received from such higher Court about the decision of such appeal or revision or such proceeding and till the period of limitation for filing further appeal or revision expires.
176. Period of retention of papers. - The following papers shall be destroyed on the expiration of the period specified against them computed from 1st January, of the year succeeding that to which they relates:-
|
No. |
Description of paper |
Register/ book/ Form No. |
Reference to rule |
Period of retention after date of last entry |
|
1 |
2 |
3 |
4 |
5 |
|
1. |
Counterfoils of Amin's payment order. |
F. 32 |
425 |
Three Months |
|
2. |
Counterfoils of cash receipt books of Amins. |
F. 31 |
424 |
One year |
|
3. |
Invoice counterfoil |
F. 13 |
162 |
One year |
|
4. |
Counterfoils of receipts granted for payment into court. |
F. 27 |
282 |
One year |
|
5. |
Periodical statements, returns and office copies of the same, except annual returns and statements. |
One year |
||
|
6. |
Proceedings of other courts and office forwarding summonses, notices proclamations and the like. |
One year |
||
|
7. |
Proceedings of lower courts calling for records asking for information and the like. |
One year |
||
|
8. |
Reports from Ministerial Officers not relating to particular suits or cases. |
One year |
||
|
9. |
Applications for leave, or from candidates for employment or any other proceedings, reports and applications not relating to particulars suits or cases. |
One year |
||
|
10. |
File books of applications for Search Reg. 9 |
F. 37 |
201 |
One year |
|
11. |
Applications for renewal of certificates of pleaders and cancelled certificates |
Two years. |
||
|
12. |
Counterfoils of certificate for refunds of payments of court-fees. |
F. 29 |
320 |
Three years. |
|
13. |
Treasury Challans for saleable forms |
Six account years. |
||
|
14. |
Counterfoils of repayment order books |
Twelve years. |
177. Period of retention of books. - The following books shall be retained for periods specified against them:-
|
No. |
Description of Books |
Register/Book/Form No. |
Reference to Rule |
Period of retention after date of last entry |
|
1 |
2 |
3 |
4 |
5 |
|
1. |
Register showing the classification and value of suits instituted. |
40 |
324 |
One year |
|
2. |
Register of persons committed to jail. |
42 |
324 |
-do- |
|
3. |
Memorandum Book of dates. |
47 |
325 |
One year |
|
4. |
Register of proceedings taken in execution of order received from the High Court |
43 |
324 |
-do- |
|
5. |
Despatch registers |
57-58 |
330 |
-do- |
|
6. |
Process register |
55 |
330 |
-do- |
|
7. |
Process servers diary |
7 |
128 |
-do- |
|
8. |
Register of order issued to Amins |
59 |
311 |
Three years |
|
9. |
Amins diary |
60 |
332 |
One year |
|
10. |
Amins proceedings register |
61 |
332 |
One year |
|
11. |
Register of fines, stamp duties and penalties levied |
22 |
258 |
One year |
|
12. |
Register of applications for copies |
11 |
226-231-247 |
-do- |
|
13. |
Inspection register |
10 |
216 |
-do- |
|
14. |
List of unexpended petty deposits |
F. 24 |
269 |
-do- |
|
15. |
Amin's property register |
62 |
332 |
Three years |
|
16. |
Amin's cash register |
63 |
332 |
-do- |
|
17. |
Register of petty receipts |
18 |
258 |
-do- |
|
18. |
Register of money orders received |
23 |
258 |
-do- |
|
19. |
Register of Travelling Allowance bills |
30 |
258 |
-do- |
|
20. |
Register of court-fees and process fees |
64 |
333 |
-do- |
|
21. |
Stock book of non-saleable printed forms |
76 |
398 |
-do- |
|
22. |
Register of casual leave |
65 |
334 |
-do- |
|
23. |
Stock-Book of Stationery Articles |
78 |
402 |
Five years after completion. |
|
24. |
Register of contingent charges |
28 |
258 |
Five years |
|
25. |
Acquittance roll books |
26 |
258 |
Five years after completion |
|
26. |
Register of original civil suits disposed of |
35 |
324 |
Six years |
|
27. |
Register of disposal of applications for execution of decrees and orders |
37 |
324 |
Six years |
|
28. |
Register of records requisitioned and returned |
44 |
324 |
Six years |
|
29. |
Register of appeals from decrees disposed of |
49 |
327 |
Six years |
|
30. |
Cash-book |
27 |
258 |
Twelve years |
|
31. |
Register of miscellaneous cases (judicial) relating to other cases |
41 |
324 |
Twelve years |
|
32. |
Register of returned documents |
39 |
324 |
Twenty years |
|
33. |
Register of letters received |
67 |
357 |
Twenty years |
|
34. |
Register of letters issued |
68 |
358 |
Twenty years |
|
35. |
Register of execution applications |
36 |
324 |
Twenty years |
|
36. |
Register of execution applications disposed of |
37 |
324 |
Twenty years |
|
[37.] |
Register of receipts of deposits. |
16 |
258 |
Twenty years |
|
38. |
Register of re-payments of deposits |
17 |
258 |
-do- |
|
39. |
Register of civil suits (small cause court cases). |
34 |
324 |
Forty years |
|
40. |
Register of miscellaneous judicial cases not relating to other cases |
38 |
324 |
Twenty years |
|
41. |
Register of miscellaneous appeals |
50 |
327 |
-do- |
|
42. |
Register of appeals from decrees |
48 |
327 |
-do- |
|
43. |
Register of civil suits |
34 |
324 |
Sixty years |
|
[44.] |
Classified catalogue of books |
74 |
379 |
Permanently |
|
45. |
Stock register of furnitures |
83 |
508 |
Permanently |
|
46. |
List of registers consigned to the record room |
15 |
174 |
Permanently |
|
[46-A.] |
Register of closed registers |
46A |
324 |
-do- |
|
47. |
Register of general letters and circulars |
69 |
367 |
-do- |
|
48. |
File books of standing orders and circulars |
-do- |
Foot Notes.-Before destruction of the acquittance roll, book, service of inferior servants should be verified and a note to that effect made in the service book concerned:
Provided that no court subordinate to the District Judge shall cause any books to be destroyed under this rule without having first obtained his permission in writing to do so.
178. Monthly destruction of files or parts. - Month by month, the files or parts of which the period for retention has expired, shall be removed from their records under the personal superintendence and responsibility of the record keeper and shall be sold as waste paper in accordance with the instructions contained in Rule 503.
179. Powers of District Judge in regard to destruction of paper. - (a) The District Judge may in his discretion, direct the retention, for a longer period or permanently of papers which he may consider likely to be useful in future, as containing the results of inquiries or other information or the opinions of experienced officers, on matters connected with the general administration of Justice or of historical importance.
(b) No court subordinate to the District Judge shall cause any papers or records relating to Accounts, Establishment or general administration to be destroyed without obtaining the sanction of the District Judge.
(c) Where no period for weeding any record, book or register is prescribed, the District Judge shall order their destruction at his discretion, and a refer doubtful cases, if any, to the High Court for instructions.
180. Destruction of files selected for weeding. - In the week of each quarter of the year, the record keeper shall submit to the Officer in-charge a list (Ret. No. 9) of those cases in which he has weeded out file 'C' and in which there are cumbrous and bulky exhibits, such as account books, khatas, zamindari papers and the like which have not been put up with the record of the trial.
The Officer-in-charge. unless he sees cause to the contrary shall cause a notice to be issued to the counsels or the parties concerned that if such exhibits are not removed within the period specified in the notice, they will be disposed of as waste paper on the last day of the quarter in which notice is issued.
The notice will be in the prescribed form (F. 16) and the Record keeper shall be responsible that the notice is issued without delay.
CHAPTER VII
Production, Return and Transmission of Records
181. Prohibition against issue of records. - Ordinarily no record shall be issued except on the requisition of a Civil, Criminal or Revenue Court, of a Tribunal of the Government, of the Board of Revenue, of Commissioner of Excise and of the Inspector General of Registration and Stamps, and then only on an order of the Presiding Officer. In all other cases, before a record is issued the orders of the High Court shall be taken on the subject.
182. Forms of requisitions. - Every requisition for a record or portion of a record shall be made upon the prescribed Form 17. It should also be stated specifically in the requisition why certified copies obtained in the usual manner by the parties will not serve the purpose, and that the proper court fee has been realised.
183. Procedure for sending requisition out of Rajasthan. - A requisition under Order XIII, Rule 10 of the Code, a record pertaining to, and in the custody of a High Court, other than the Rajasthan High Court, or pertaining to, and in the custody of, a Court subordinate to such other High Court, shall be transmitted through the Rajasthan High Court at Jodhpur and shall be accompanied by a copy of the affidavit required under the provision together with a duly certified translation into English, if such affidavit be not in Hindi. Such requisition shall be forwarded to the High Court with a forwarding letter clearly indicating the suit, appeal or proceeding in which the record is required.
184. No charges payable on requisition by court suo motu. - When a requisition for a record is made by a Court suo motu, the fact should be stated in the requisition and no charges levied from any party.
185. Charges payable by a party for requisition. - When a record is requisitioned at the instance of a party, a court fee of Re. 1 shall be charged as in the case of inspection of records. In application for refund, the procedure laid down in that connection will also be followed. This fee shall be in addition to the court fee prescribed by the Rajasthan Court Fees and Suits Valuation Act No. XXIII of 1961.
186. Provision governing issue of record. - (1) When, at the instance of a party, a court requisitions a portion of a record, it shall require the party to file a certified copy of the portion required, and such copy shall be attached to the requisition. The copy of copies will be placed on the record and then the original document or documents shall be sent. When the portion of the record is received back in the court or record room, the applicant shall be entitled to have the copy returned to him on application for the same.
(2) Where the record is deposited in the same building it may often be more convenient to send the whole record and not merely the portion requisitioned. In such cases, the whole record and not merely the portion asked for may be sent in answer to the requisition.
187. Record keeper's procedure. - No requisition for a record or portion of a record shall be complied with except in accordance with an order of the High Court, the District Judge or of the Presiding Officer of the Court, in which the record is. The record keeper or, with the sanction of the judge or the Presiding Officer, as the case may be, the clerk in charge of the record on receiving such order, shall comply with the same and shall send the record or the portion under cover of the prescribed form transmission (F. 18). The form shall be filled up in the record or in the transmitting court, and in the remarks column the record keeper or Munsarim or the Reader, as the case may be, shall certify whether the record or portion does or does not contain all the papers entered in the general index or general index in relation to that portion of record. The form of requisition received shall be placed in the bundle from which the record was taken.
188. Register of requisitions. - The record keeper and the Munsarim or the Reader, as the case may be, of each court shall keep a register of requisitions for record (Reg. 8) columns 1 to 14 of which shall be filled up as soon as a requisition received, and column 15 and 16 when the record is transmitted.
A separate register of requisition shall be kept by each assistant in the record room in-charge of records of a court or group of courts.
189. Return of Records. - When the record or a portion of a record is no longer required, it shall be promptly returned to the record-room or the court from which was received, as the case may be, the necessary entries on the form of transmission shall be made, and the original form shall be filed in the suit for the purposes of which the record or portion was sent for, and a copy of this form shall be returned with the record or portion. In the remarks column of such copy the Munsarim or the Reader as the case may be, of the court returning the record or portion shall certify whether the record or portion does or does not contain all the papers entered in the general index or general index in relation to that portion of the record.
190. Procedure on return of record. - On receipt of the record or portion, the record-keeper or Munsarim or the Reader, as the case may be, shall deal with it in the manner, mutatis mutandis described in Rule 196. In the case of records or portion returned to a record-room, so much of the procedure laid down in Chapter VI, Rules 166 and 167 as is applicable shall also be carried out.
The record keeper or Munsarim or the Reader, as the case may be, shall then fill up columns 17 and 18 of the register of requisition and shall file the requisitions with the record or portion, and replace the record or portion in its bundle. The copy of the form for transmission, returned with the record or portion shall then be destroyed.
191. Check on delay in return of records. - Once every three months the record keeper and the Munsarim or the Reader, as the case may be, of the courts shall lay the register of requisitions before the District Judge or the Presiding Officer for orders as to records or portions which have been issued more than three months and have not been returned.
192. Records of cases appealed to the High Court. - Records of cases appealed to the High Court shall be submitted forthwith on receipt of the precept calling for them, when the subordinate court is unable to comply with the precept within the time fixed for the purpose, it shall submit a report stating-
(1) the number of the High Court's precept;
(2) the number of the case in which the precept was issued;
(3) the names of the parties to the case;
(4) the reason for non-compliance;
(5) the date by which the compliance is likely to be made.
If the compliance cannot be made by such a date, a further report shall then be made.
N.B. :-Records of case appealed to the High Court will be returned for deposit in the record room of the District Judge after the expiration of 6 months from date of judgment in cases appealable to the Supreme Court and after 90 days in other cases.
193. Loss of record. - Whenever it is discovered that a record or portion of a record or a document on the file of a record is missing, the loss or theft shall be immediately reported in writing to the Judge, in whose district or office the loss or theft has occurred and he in turn shall report the fact to the High Court and paper state the steps taken to try and recover the paper or paper missing.
194. Records pertaining to a court. - Every requisition for a record or a portion of a record pertaining to a court in a foreign country shall be sent to the High Court for being forwarded to the Ministry of the Government of India dealing with Foreign Affairs and shall invariably be accompanied by an affidavit in the terms of Order XIII, Rule 10 of the Code. It should be stated by the court summoning the record or a portion of it whether it has satisfied itself that the production of the original record or a portion of it is actually necessary.
Transmission
195. How to send records. - The following instructions shall be observed in connection with the transmission of records to the High Court and with the transmission upon requisition of records from one court to another and from a record-room to a court and vice-versa-
(1) Except in the cases provided for in paragraph (5) of this rule, records shall be sent either by registered post parcel or by passenger train. Those sent by post parcel shall be, between July and November, securely packed in wax cloth and sealed along the seams at intervals of not more than 4 inches. Those sent by rail shall be carefully placed either in gunny bag similarly sealed or in well secured wooden box.
(2) The postage and the registration fee in the case of parcels sent by post shall be fully prepaid by means of postage stamps. Similarly, in the case of parcels sent by rail, the freight shall be prepaid.
(3) No parcel sent by post shall include, papers referring to more than one case. If papers referring to more than one case are enclosed in a parcel, or box sent by rail, a list shall always be placed in the box containing the number of each record or portion thereof and its weight as a separate parcel.
(4) All parcels sent by post or by rail shall be weighed before despatch in the presence of the Munsarim or the Reader or record keeper, as the case may be, and the weight shall be noted outside.
(5) When the court requiring a record, is in the same station, as the record room, or the transmitting court, the record may be sent by Government messenger, but it shall be secured by seals in such a manner as to prevent the record being opened or papers abstracted in transit without the seal being broken or the fastening severed.
(6) An acknowledgment shall be invariably 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, the matter shall be brought to the notice of the Presiding Officer, and an inquiry made to ascertain the cause.
196. Examination of records on arrival. - (1) On arrival, the parcel containing the record shall be received by the Munsarim or the Reader, as the case may be. He shall examine it and have weighed. If it appears intact and not open to suspicion he shall then make it over to the clerk-in-charge of the records, who shall forthwith check the papers it contains, and see that they agree with the general index and order sheet. If the record is found correct, it shall be so stated by the clerk in the form of acknowledgment. If the record is found to be in any way defective, a report shall be made without delay to the Presiding Officer.
(2) if any parcel received by Munsarim or the Reader, as the case may be, appears to have been tampered with, he shall have it opened in the presence of an official of the post office or railway in accordance with rules of those departments. He shall himself check the papers and if any appear to be missing, he shall at once bring the matters to the notice of the Presiding Officer.
197. Application of preceding rules to production, return and transmission of registers, books etc. - The above rules will also apply to the production, return and transmission of registers, books, etc.
CHAPTER VIII
Facilities under Legal Aid to the Poor
198. Grant of copies and inspection free of charge under legal aid. - (1) The person who has been provided with legal aid or his counsel shall be entitled to get copies of the following documents free of costs:-
(i) (a) Copies of documents filed with the plaint if such person is a defendant;
(b) Certified copies of pleading, statements, documents, judgment, orders, etc., may also be supplied free of cost on priority basis to the Legal Aid Committees of the Supreme Court, High Court or District Courts, as the case may be, if any application is received in this behalf.
(ii) If such person is a plaintiff, copies of documents, which are the basis of written statement; and
(iii) The copies of other documents considered to be material or relevant by the court.
(2) The person who has been provided with legal aid or his counsel, shall be entitled to inspect record of the case free of charge in accordance with the rules relating to the inspection of records.
CHAPTER IX
Inspection and Search of Records
199. Separate room for inspection. - The Presiding Officer of each court, or where there are centralized arrangements for the inspection of record of more than one court located at the same station, the senior most judicial officer shall allot a room for the inspection of records. Where there is no official appointed exclusively as an Inspection Clerk, he shall appoint the Copyist or one of the Clerks to perform the duties of the Inspection Clerk.
200. Prohibition against giving surreptitious information. - Ministerial Officers and the inferior staff of the court should be made to understand that no information or copy shall in any circumstances, be given otherwise than as laid down in the rules and that surreptitious or gratuitous supply of information or copy is strictly forbidden.
201. Application for information. - Any person desiring to ascertain the serial number and date of institution of any suit or other registered particulars respecting a suit, or any proceedings therein, or of any judicial proceedings shall present or send by post to the court a written application stamped with a court fee label of twenty five paisa and giving the best particulars he can as to the year of institution and the names of parties. The Munsarim or the Reader, as the case may be, shall cause such application to be entered in a register in the prescribed form (Reg. 9) and mark such application with a serial number and direct the Officer-in-charge of the relevant register to make a search. The information if obtainable, shall be given to the applicant in writing, signed by the Officer-in-charge to the register, within three days from the date of the receipt of the application. The information shall be sent by post, if necessary postal charges have been paid. In case such information cannot be given within three days, the Munsarim or the Reader, as the case may be, shall forthwith on the expiration of the said period, report in writing to the Presiding Officer for his orders, the cause of the non-compliance with the application. A printed copy of this rule in Hindi shall be kept pasted on the notice-board in a conspicuous place in every court and also in the office of every Munsarim or the Reader, as the case may be.
After disposal of the application for search shall be pasted in a file book in serial order. Each such file book shall be consigned to the record room at the end of each calendar year.
202. Obtaining information by means of written question. - It will also be open to a party to obtain information regarding any case by means of written questions. To an application for such information must be affixed for every question asked pertaining to the same case a court fee label of fifty paise if the case is pending, and of Re. 1/- if the case is decided one.
Note.-In no circumstance shall be right conferred by this rule be so exercised as to be in substitution of the method of obtaining more detailed information by an inspection of the record or by copies.
203. Papers in office not open to inspection. - The papers other than those of a judicial record shall not open to inspection, except under an order in writing of the Presiding Officer made on an office report.
204. Inspection of papers in office. - No record or paper in the office or in the custody of an officer of the court shall be inspected by any person other than the Presiding Officer of the court, except under an order in writing signed by the officer; provided first that the Presiding Officer may, in his discretion, without making a written order in that behalf, permit a party to suit or proceeding or his counsel to inspect in the court-room the record, of a pending case on the day of hearing and provided secondly that memorandum books of dates of hearing or peshi register shall be made available for inspection free of charge, without any written application or order.
205. Applications for inspection. - Except in the cases mentioned in the provisos to Rule 204 no order for the inspection of a record or of any paper in a record, or for the inspection of a book or register shall be made except upon a written and duly stamped application; provided that no stamp shall be required in case of applications for inspection made on behalf of the Government or a person who has been provided legal aid to the poor.
206. Applications for inspection by party to a suit. - Any party to a suit, appeal or other proceeding in the court, and any such party's pleader who has filed a document in writing as required by Order III Rule 4 (1) of the Code, may apply for an order to inspect the record, or any papers in such suit, appeal or other proceeding.
207. Applications for inspection by no.-party. -Any person, other than a person to whom Rule 206 applies, may also apply for an order for the inspection of a record or paper in suit, appeal or other proceeding. No such person shall be entitled as of right to obtain an order for inspection, nor shall be, in any case be allowed to inspect exhibits put in evidence with the consent in writing of the persons by whom they were produced or his successor in interest. Such consent shall invariably be filed along with the application for inspection.
208. Form and fees for application. - (1) Every application for inspection of record shall be in prescribed Form (F. 19) and shall set forth:-
(a) the name and description of the applicant and his position (if any) in the suit or proceeding;
(b) the following particulars concerning the record of which inspection is desired:-
(i) Number and year of case;
(ii) Name of court;
(iii) Title of case;
(iv) Date of disposal when the case has been disposed of and date of hearing when the case is pending.
(2) The fees for the inspection of records shall be paid in court-fee labels in accordance with the following scale viz.-
|
(i) ordinary |
Fifty paisa. |
|
(ii) urgent |
One rupee. |
(3) Inspection on an ordinary application shall be allowed on the day following the date on which the application is made or on a subsequent day mentioned in the order.
(4) Inspection on an urgent application, shall as a rule, be allowed on the same day provided such application is presented before 1.00 P.M. or 9 All. when the court observes morning hours.
209. Application for inspection by a party. - Where a party to a case applies that any record, book or register, or set of books or registers be sent for and inspected during the hearing of the case, the applicant shall, on the application being granted, pay into a court fee stamp of the value of one rupee for each such record, book or register or set of books or registers.
210. Court fee on inspection applications for registers. - The application for inspection referred to in Rules 196 to 199 shall have affixed to it court fee labels for each and every register or record sought to be inspected in accordance with Rules 208 and 209.
211. Inspection of records by legal practitioner's clerks forbidden. - Inspection of records by a legal practitioner's clerk is not permitted. A registered [or recognised] clerks may be permitted to assist a legal practitioner in his inspection. Such clerk must, however withdraw from the inspection room as soon as the legal practitioner ceases inspecting.
212. Day and hours of inspection. - (1) Every order for inspection shall specify the day on which such inspection may be made.
(2) Inspection on any one application shall be allowed for one day only between 12 noon to 3.00 P.M. or during morning hours from 8.00 A.M. to 10.30 A.M.
213. Order for inspection. - Every order for the inspection of a record or paper shall be sent to the Inspection Clerk and will entitle the person or persons named in such order but not any other person or persons, to inspect the record or paper specified in the order between the hours fixed for such purpose by the Presiding Officer on that date named in the order, but on no other date. If no inspection is made on the date fixed, the application and the stamped paper shall be filed with the record and shall not entitle the applicant to inspect on any other date.
214. Duty of Record-keeper. -The record-keeper or the officer-in-charge of the record shall, on the day mentioned in the order required by Rule 213 deliver to the Inspection Clerk the record or paper mentioned in the order, and shall receive an acknowledgment from the Inspection Clerk.
215. Duty of Inspection Clerk. - The Inspection Clerk shall, on the day of the inspection and immediately after the inspection has begun, make on the order a memorandum showing the date on which the order has been complied with and shall, on the same day, at an hour to be fixed by the Presiding Officer, return the record and the order to the official from whom he received them. Such official shall forthwith file every order which has been returned to him and shall not again issue for inspection on an order so filed any record or paper.
The inspection shall be made in the presence of the Inspection Clerk, who, before returning the file, shall examine the record and satisfy himself that all papers in the record are as they were before inspection.
216. Inspection clerk to maintain inspection register. - The Inspection Clerk shall keep an inspection register in the prescribed form (Reg. 10/8).
217. Use of pen and ink during inspection prohibited. - No person inspecting a record shall be allowed to bring into the room in which the inspection is made any pen or ink, not to use any pen or ink; nor shall he be allowed to make any mark upon or in any respect to mutilate, any record or paper which is being inspected.
N.B..-The use of a fountain pen including a ball pen is also prohibited.
He may, if he so desires, make full copies in pencil of any papers that he is inspecting.
CHAPTER X
Copies and Copying Department
A. Applications
218. Details necessary in application for copy. - Every application for a copy shall be on the prescribed form (F. 20) which can be obtained from licensed stamp vendor and shall set forth:-
(1) the name and description of the applicant, and his position (if any) in the suit or proceeding, from tire records of which the copy is asked for;
(2) the description of the document (which includes judgment, decree, order, pleading, paper or exhibits) of which a copy is required;
(3) the following particulars concerning the record from the copy is sought:-
(i) Number and year of case;
(ii) Name of court;
(iii) Title of case; and
(iv) Date of disposal when the case has been disposed of and the date of hearing, when the case is pending;
(4) whether or not the application is urgent/immediate;
(5) whether a photostat copy is required.
Note.-Copies of the typewritten judgment, orders and statements shall where it is practicable so to do be made available to the parties immediately.
219. Sending of a copy by post. - If the applicant desires the copy to be sent by post, he shall also sent or submit with his application for copies:-
(1) a duly stamped and addressed post-card to enable him to be informed of the extra charges to be paid, if any, on his application for the copy, and
(2) a duly stamped and addressed envelop for sending the copies.
Note.-If the extra charges are not paid within 15 days from the date of issue of notice, the application for copy shall be rejected and the addressed envelope shall be used for informing the applicant of the order of rejection of his application.
220. Counsel's clerk may apply for copy. - An application for copy, duly signed by a Counsel, may be presented by his registered clerk and the copy may be delivered to such clerk.
221. Procedure for prisoner to apply for copies. - An application fora copy by a prisoner Civil or Criminal, may be made through the Superintendent of the Jail or through a friend acting on the prisoner's behalf, in the later case the application shall be sent to the Superintendent of the Jail, to be attested by the prisoner, and if it is so attested it shall thereafter be treated as the prisoner's own application and the Superintendent of the Jail shall put a note on the application whether the prisoner wishes the copy to be sent to the Jail or to be delivered to the friend, if any who applied for it.
B. Persons entitled to copies
222. Parties to suit. - Except as hereinafter provided, any party to a suit, appeal, motion or proceeding may at any time obtain, upon an application, an order for a copy or copies of the record in such suit, appeal, motion or proceeding, or of any decree, order, pleading, paper, exhibit or document in such record.
223. Stranger to suit. - A stranger to a suit, appeal, motion, or other proceeding may, after final decree or final order, obtain upon an application an order for a copy or copies of any decree, order, pleading paper or document in the record, other than an exhibit and may, for sufficient reason shown to the satisfaction of the judge obtain upon application at any time before final decree or final order, an order from the Presiding Officer for a copy or copies of any decree order, pleading, paper or other document in record other than an exhibit.
No order for a copy of an exhibit shall be made on the application of stranger to the suit, appeal, motion or proceeding in which such exhibit was produced unless along with the application is filed a properly authenticated consent, in writing, or the person who produced such exhibit to granting of an order for the copy.
224. Government and certain courts. - Notwithstanding anything contained in these rules, a Presiding Officer may, upon application by or on behalf of the head of any department of the Government of India or any High Court in India, any authority in India, exercising jurisdiction similar to a High Court any court subordinate to the Rajasthan High Court, any Principal Court in any foreign country in his discretion order a copy or copies to be made and delivered or any record; and such copy or copies may be made free of charge, unless they are required for the use of a litigant other than the Government.
225. Government Law Officer. - (1) A copy of the original decree and of the appellate decree in a pauper suit or appeal shall, on application, be supplied to a Government Law Officer free of charge.
(2) In civil cases in which Government is a party, copies of judgments, orders and decrees, and of any other papers required for purposes of conducting the case shall be supplied free of charge to the Government Law Officer.
(3) A copy of the whole or any part of a record, when required for the purpose of conducting any trial or investigation or appeal on the part of the Government in any Criminal Court, shall ordinarily, on application, be supplied free of charge to a Government Law Officer or to any person authorised in this behalf by the District Magistrate, provided that, should the Presiding Officer be of opinion that the demand made is in excess of what is necessary for the purpose stated in the application for such copy or copies, he may refuse to grant free of charge any or all of the copies applied for.
(4) A copy of an award or agreement made under the Rajasthan Land Acquisition Act, 1953 (Rajasthan Act No. XXIV of 1953) shall, on application, be supplied free of charge to a person claiming under such award or agreement.
(5) Copies of documents ordered by the Court to be given to a person who has been provided legal aid shall be supplied free of charge.
226. Procedure on receipt of an application for a copy of record. - (1) Every Officer receiving an application for a copy of record shall:-
(a) Endorse or cause to be endorsed thereon the date of presentation.
(b) Initial the endorsement.
(c) Cause the court-fee stamp thereon to be cancelled according to law, and
(d) Cause the application to be registered, and endorse thereon the serial number of its entry in the register.
(2) On the stamped sheets accompanying the application shall be entered only the date of the application and the register number.
(3) The Head Copyist shall promptly make proper entries in the register of applications, for copies in the prescribed form (Reg. 11). The Head Copyist shall send the application to the Official-in-charge of the record required who will enter each in the appropriate column of the register, his signature and the date and hour on which he received the application relating to him. The official-in-charge of the record shall without delay send such application, order and stamped paper and the record to the Head Copyist and shall take from the 1 lead Copyist, in register in the prescribed form (Reg. 12) to be kept for the purpose, a receipt of the date and hour when such record was delivered to him, and the Head Copyist shall enter in the appropriate column of the register (Reg.11) the date and hour on which he received the aforesaid record.
227. Duties of Head Copyist. - (1) As soon as the copy is made the Head Copyist shall forthwith return the record, together with the application and order to the official from whom he received them and such official shall forthwith place such application and order at appropriate place in the last part of the file.
(2) The Head Copyist shall, at the end of each working day, deposit in a locked box or almirah to be kept for that purpose in the record room, Nazir's room or other secure room allotted by the Presiding Officer all documents under copying.
(3) For the purpose of these rules, the District Judge for his own court and the Presiding Officers of other courts in which copying work is done, subject to the sanction of the District Judge, shall select from the establishment of the court a proper person to perform the duties of Head Copyist.
(4) If an application is rejected the Head Copyist shall at once return to the applicant the stamped paper which accompanied the application and take his receipt for the same in the register (Reg. 11). In case the applicant is a counsel the unused stamp paper may be returned to his registered clerk.
(5) If the applicant be not present, the Head Copyist shall inform him by post of the fact and direct him to appear without delay and take back the stamped sheets forwarded by him with his application provided that he has previously sent a duly stamped addressed envelope. When the applicant requests that the unused folios may be returned to his counsel, they may be returned to the counsel or his registered clerk, if the counsel practices at the Headquarters Station, the unused folios shall be returned to him or his registered clerk and his signature taken. If he practices at an outlying court, the unused folios may be returned to the outlying Munsiffs at applicant's expenses. The correspondence with the outlying court shall be filed with the record of the suit to which the original application for copy belongs.
(6) The Head Copyist before returning any stamped sheets shall endorse each sheet with the words "returned unused to ...." (being the applicant) and initial them.
(7) Stamped sheets so returned may be used by the applicant in a , subsequent application for copies.
(8) If the applicant does not appear within thirty days of the date on which ;he letter was sent to him under sub-rule (5) or in the case of an applicant who has not sent a duly stamped addressed envelope, within 30 days of the date in which the application was rejected, the Head Copyist shall render useless the stamped sheets by folding them down the middle vertically tearing off the right half of each sheet, destroying it and causing the left half on which is entered the date and number to be filed in the record along with the application. An entry of the act of destruction shall be made in the register of copies (Reg. 11) against the application.
C. Copying Fees
228. Copies to be made on stamped paper provided by applicant. - (1) Except for the use of the court or in case falling within Rules 224, 225 and 231 no copy of any record or of any part thereof or of any decree, order, proceeding, paper or other document in any record, shall be made, except on stamped paper provided by the person who has obtained an order for the copy, of (2) If necessary stamped paper is not available, judicial water-marked paper with adhesive stamp of the requisite value may be provided instead.
229. Scale of copying charges. - The following shall ordinarily be the scale of the charges for copies:-
(1) For copies containing 400 words or less in the court of the District Judge, Civil Judge Small Cause Courts and Munsif:-
|
Judgment |
Deposition |
Decree |
Any other paper except book, register, map of plan etc. or any extract thereof or document mentioned in Rule 221 |
|
|
Rs. p. |
Rs. p. |
Rs. p. |
Rs. p. |
|
|
Ordinary copy |
1.00 |
1.00 |
1.00 |
1.00 |
|
Urgent immediate copy |
2.00 |
2.00 |
2.00 |
2.00 |
(2) (i) For a copy, ordinary or urgent/immediate, containing more than 400 words but not more than 1200 words:-
For 400 words the charges shall be the same as detailed above and for every subsequent 100 words or less an extra charges of 25 paisa and 50 paisa, respectively shall be made.
(ii) For a copy, ordinary or urgent/immediate, containing more than 1200 words but not more than 2400 words:-
For 1200 words the charges shall be as indicated above and for every subsequent 100 words or less an extra charge of 20 paisa and 40 paisa respectively shall be made.
(iii)For a copy, ordinary or urgent/immediate, containing more than 2400 words:-
For 2400 words the charges shall be as indicated above and for every subsequent 100 words or less extra charge of 15 paisa and 25 paisa. respectively shall be made.
(3) In the case of books, registers or extracts thereof, no general rule can be laid down. In each case the charges shall be fixed by the Presiding Officer, having regard to the nature of work to be done and labour involved therein.
In cases in which an applicant desires to have more than one copy of a document and typed copies thereof can be given, each additional copies shall be supplied at half the rates prescribed above.
In cases in which an applicant desires to have uncertified copies of judgments and statements etc., recorded on type writer, carbon copies may be supplied at half, the prescribed rates of the papers (Statements and judgments etc.) which are typed when originally prepared provided firstly that an application for such copy is made well in advance of the typing out of the paper and secondly that extra carbon copies can be conveniently prepared at the item when the original paper is typed:
Provided that copying fees is not to be charged for each order on the order sheet but a copy of the order sheet is to be furnished as that of any paper, except a book, register, map or plan or an extract thereof:
Provided further that if the order-sheet contains a judgment of the court, a separate fees is chargeable for a copy of that judgment as given in the Rules.
230. Use of stamped sheet for copy. - (1) Except in the case of an application for a copy of book, register, map or plan, or any extract thereof, every application for a copy for which charge is to be made, shall be accompanied by a sheet or sheets of stamped copying paper equal in value to the scheduled charges for the copy of document in the preceding rule. If, upon any sheet or sheets so supplied, no part of the copy be written, the Head Copyist shall make and sign upon such sheet or upon each of such sheets as the case may be, an endorsement to them following effect, filling up the blanks-
"This sheet was used in application No.................Dated........"
If the whole of the copy cannot be made upon the sheet or sheets supplied, the remainder shall be written upon foolscap paper of durable texture to be supplied by the applicants. Each sheet of the copy, including every sheet supplied, shall be stamped with the stamp of the court and serially numbered by the Head Copyist.
(2) If the application is accompanied by the sheet or sheets of stamped copying paper of the minimum value of Re. 1/-, it shall be rejected unless the Presiding Officer otherwise directs.
(3) If the application is accompanied by the sheet or sheets of not less than the minimum value as stated in the preceding sub-rule, but the copying fees leviable are found to be in excess of the value of the sheet or sheets thus filed, the applicant shall be called upon to make up the deficiency within a time to fixed for the purpose. If the deficiency is not so made up, the application shall be rejected.
(4) The notice referred to in the sub-rule (3) shall be given in the prescribed Form (F. 21) by the affixation on the notice board of the Court.
231. Copies of maps, plans etc. - When an application is made for a copy of a book, register, map or plan or any extract thereof or for a copy of a document not in the language of the court, which the regular copying staff cannot prepare, an estimate shall be prepared under the orders of Presiding Officer and shall be laid before him for sanction. Likewise an estimate shall also be prepared for a copy of a decree which owing to its length or complexity, cannot reasonably, in the opinion of the Presiding Officer, be prepared by the regular copying staff for the fixed charges in Rule 219 under the orders of the Presiding Officer.
The particulars of the estimate as sanctioned shall be entered in column No. 10 of the prescribed Register (Reg. 11) and the signature of the Presiding Officer shall be obtained therein and the amount of the estimate as sanctioned shall be communicated to the applicant, upon payment of such amount being made by the applicant the Presiding Officer of the court shall arrange, if possible, for a copy to be made thereof and compared with the original by such special copyist as are forthcoming within his jurisdiction and may, in his opinion, be relied upon for the purpose. If no such persons are forthcoming, he may sent such document together with copy of this rule to a court in another district or State where such special copyists are available with a request that such court have the copy made. Any necessary charges incurred over and above the estimated amount shall be borne by the applicant. If payment is not made within a week of the communication of the estimate to the applicant, the application shall be rejected.
The Head Copyist shall make proper entries in the Prescribed Register (Reg. 11) of the sanctioned estimates of copying charges for copies of books, registers, maps or plans or extracts thereof.
The special copyist appointed for such purpose shall be paid his fee from the amount deposited (in cash) by the applicant, from which deposit the cost of material, if any, required for the preparation of the copy of map, plan, etc., shall also be defrayed.
232. Signing, examination and certification of copies. - When a copy has been made, it shall be signed by the person who made it, and it shall be examined, corrected, if necessary, and certified to be a true copy by the Head Copyist. If the copy was prepared by the Head Copyist himself or for some reason he is unable to certify it, it shall be examined, corrected if necessary, and certified to be a true copy by some other person selected by the Presiding Officer for that purpose.
No copy of a document shall be so certified to be a true copy unless it shows correctly number of words therein, and also the value of the stamps, if any, in the original documents.
No copy shall be delivered to an applicant until it has been examined and certified, in the manner stated above and countersigned by the Officer-in-Charge.
233. Heading on copies. - Every copy shall commence with a heading in the following form:-
Certified copy of (description of documents copied) in (title of case) suit/appeal No. (number) of (year) in the court of (name of the court) at (place) decided/pending on (date).
234. Endorsement on a copy. - Every copy shall bear an endorsement showing the following particulars:-
(a) the number of the application on the register and the year;
(b) the date or presentation of application;
(c) number of words copied;
(d) amount of copying fees;
(e) name of copyist;
(f) date fixed for issue of copy;
(g) date on which copy was ready;
(h) date of issue of notice to applicant (if issued);
(i) date of delivery/posting.
235. A register of application for copies disposed of. - A register of applications for copies disposed of shall be maintained in the prescribed Form (Reg. 13). All copies issued and all applications disposed of without issue of copies shall be entered in this register.
236. Order of priority amongst applications. - Applications for copies shall have strict priority amongst themselves according to the date and serial number of the order. Urgent/immediate applications shall have priority over ordinary applications. No departure from this rule of priority shall be made without the approval of Officer-in-charge, who shall make attestation to this effect against the entry in respect of applications so exceptionally treated:
Provided that this rule of priority shall not apply to the supply of uncertified copies contemplated in para 3 of sub-rule (3) of Rule 229.
237. Urgent copies. - A copy for which an order has been made on a urgent/immediate application shall be delivered as a rule, not later than the working day next after the day on which the order was made.
238. Ordinary copies. - A copy for which an order has been made on an ordinary application shall be delivered as a rule, not late than a week after the day on which the order was made.
239. Date for delivery of a copy. - A definite date not ordinarily exceeding seven days ahead shall be fixed for the delivery of the copy and intimated to the applicant. The copy, as far as possible, shall be delivered on the date so fixed.
If for any reason, the copy is not ready for delivery on the date so fixed, the applicant or his authorised agent shall be directed to attend on another date, when the copy may be expected to be ready for delivery, and his signature or thumb impression as the case may be, shall be obtained on the application. If the copy is not ready and the applicant, does not appear on the date fixed, notice of the next date fixed for the delivery of copy shall be sent to him by post, if he has deposited the necessary postal charges. If necessary postal charges have not been deposited, it shall be affixed on the notice board of the court, and an entry/ to this effect shall be made on the application.
240. Delivery of a copy when ready. - When a copy is ready, and the applicant or his authorised agent is present, the copy shall be given to him. If the applicant or his authorised agent is not present a notice under the signature of Officer-in-charge shall be affixed to the notice board notifying that the copy is ready for delivery. If from the date of affixing of the notice, the applicant appears within two months the copy shall be delivered to him. If the applicant does not appear within this period, the copy shall be destroyed under the orders of Officer-in-Charge and an entry to this effect being made in the remarks column in the register of copying applications (Reg. 11).
241. Copies prohibited. - Except for special reasons to be noted by the Officer-in-Charge upon the back of the application, no copy shall be granted (1) of official correspondence and reports and (2) of a document which is itself a copy.
242. A copy of a copy may only be granted if the original document is not traceable. - A copy of a copy may only be granted if the original document is not traceable, or is not accessible to the applicant for the purpose of obtaining a copy, each page of such copy shall bear in red ink, the remarks that it is a copy of a copy.
243. Application to subordinate court when record is to go to the Headquarters. - If an application for a copy be made in any subordinate court, the Presiding Officer or Munsarim as the case may be, may decline to grant a copy from a record which will within three days, be required for transmission to a superior court or to the record room and in such case the date of the application and the fact and date of such refusal shall be endorsed upon the application and, shall be signed by such Presiding Officer or Munsarim and the application shall be returned to the applicant with instructions to present it in the court concerned.
If an application so returned be subsequently presented in the superior court or the court to which the record-room is attached, the Munsarim or the Head Copyist shall endorse thereon, the date of presentation in such court.
244. Difficulty to be referred to Judge. - In case any difficulty arises in complying with an order for a copy, the application and order together with an office report shall be forthwith laid before the Presiding Officer for orders.
245. Standard of work for copyists. - It shall be the duty of the Head Copyist to see that every copyist is fully employed during court working hours during such longer time as the Officer Incharge may direct, that he is constantly at work during such time and his work comes up to the standard noted in Rule 246. The Head Copyist shall himself carry out so much copying work as the Presiding Officer or officer-in-charge of the copying section may consider practicable with reference to the Head Copyist's other duties.
246. Standard of work for typists and copyists. - The following standard of work is fixed for typists and copyists:-
|
English typists |
Four Thousand words per day |
|
English copyists |
Two thousand five hundred words per day |
|
Hindi typists |
Three thousand words per day. |
|
Hindi copyists |
Two thousand five hundred words per day. |
247. Register of out-turn of copyists. - The Head Copyist shall note down the words copied by each copyist in column No. 20 of register No. 11 and weekly work out the average and shall place the register before the officer-in-charge for inspection at end of each month.
248. District Judge to be informed when work increases for copyists. - If, in any court, copying work increases so much that the existing staff of copyists cannot cope with it, the Head Copyist shall atonce report to the District Judge, through proper channel. On receipt of such report the District Judge shall ascertain whether any increase in the existing staff of copyists is necessary, and if in his opinion, such an increase is necessary he shall report the matter to the High Court.
D. Photostat Copies
[249. Charges of photostat copies. -(1) The scale of charges for photostat copies of any judgment, decree, document, book, register, map, plan, photograph or any other paper is prescribed as under :-
|
For one copy: |
Rs. 1.50 per page. |
|
For each additional copy: |
Rs.1.00 per page. |
(2) When any change in the scale of charges mentioned in sub-rule (I) becomes necessary the Registrar of the High Court may, with the approval of the Chief Justice, make such change.
(3) The charges shall be payable in copying stamps and/or cash as maybe determined by the District Judge.
(4) As soon as an application for a photostat copy is made, the Head Copyist shall register the same in a separate register (Register No. XIV) as an urgent application and send for the record. He shall then prepare an estimate of the charges according to the scale prescribed in sub-rule (1) and ask the person applying for copy to pay the charges accordingly.
(5) When copying charges are to be paid in cash also the Head Copyist shall maintain separate cash book (Register No. V) for photostat copies in which he shall enter the cash deposited and issue a receipt to the depositor (R.No.22). The document of which the copy in required area then be sent to the person, firm or company at the Head Quarter of the Court approved by the District Judge for preparing photostat copies with a responsible clerk working as a copyist in the Copying Section together with the amount of charges received in cash from the applicant. The copyist shall get the copy prepared in his presence, pay the amount of charges and obtain receipt thereof. Necessary entry of payment of the charges will be made in the cash book on the basis of the receipt.
(6) The copy will be certified to be photostat copy by the Head Copyist and shall bear the following endorsement:-
(a) number of the application in the register and the year;
(b) date of presentation of the application;
(c) number of pages;
(d) amount of copying fees paid in copying stamps and/or in cash;
(e) name of the photostat copier;
(f) date fixed for issue of copy;
(g) date on which copy was ready;
(h) date of issue of notice to applicant (if issued);
(i) date of delivery/posting.]
CHAPTER XI
Civil Court Accounts
250. Account with the Treasury. - Subject to the provisions of Rule 241 every Civil Court shall have a separate account with the Treasury.
251. A number of Courts may have a single account with the Treasury under the orders of the High Court. - (1) The High Court may order with respect to any Civil Courts located at the same station, that they shall have a single account with the Treasury.
(2) When an order has been made under sub-rule (1) the Presiding Officer of the highest court shall keep and render the accounts of all the courts to which order refers:
Provided that (subject to any instruction of the District Judge) the Presiding Officer of the highest court may place the Presiding Officer of any other court-in-charge of accounts without relieving himself of the responsibilities for the due accounting of all receipts and payments.
252. Appointment of a Receiving Officer. - (1) Every civil court or where two or more courts have a single account with the Treasury, every such group of courts, shall have an official entrusted with the receipt of money deposited in the Court.
(2) Such official shall be called as the Receiving Officer and shall be appointed by the Presiding Officers of the Civil Court or where two or more courts have single account with the Treasury, he shall be appointed by the Presiding Officer of the highest court subject to instructions if any, of the District Judge concerned.
(3) In a court where no official is appointed specifically to perform the duties of the Receiving Officer or during the absence on leave or otherwise of the person appointed as the Receiving Officer, the Presiding Officer of the civil court or the Presiding Officer of the high court as the case may be, shall appoint any other official of his court to carry on the duties of the Receiving Officer.
253. Head of account. - The following are the head of account under which the money received and paid under these Rules are classified :-
(1) Deposits;
(a) Civil Court deposits, including;
(i) sums paid under decrees and orders;
(ii) sums deposited under Order XX, Rule 14 and Order XXIV, Rule 1 of the Civil Procedure Code and Section 83 of the Transfer of Property Act;
(iii) Sums deposited under Order XXII, Rule 84 or paid under Order XXI, Rule 85 of the Code;
(iv) Sums deposited under Section 379(1) of the Indian Succession Act;
(v) Sums deposited in lieu of security;
(vi) Sums deposited under any law relating to the Land Acquisition;
(b) Petty cash deposits, including deposits for:-
(i) Travelling and other expenses of witnesses;
(ii) Subsistence money for judgment debtors;
(iii) Incidental charges of Commissions, Amins and Arbitrators etc.;
(iv) Commission fees;
(v) Postage and registration fees;
(vi) Cost of publication of proclamation and orders;
(2) Other Administrative Services.
A. Administration of Justice.
(a) Services and Service fees;
(i) .............
(ii) Civil and Sessions and Judicial Courts;
(b) Fines and forfeitures;
(i)........
(ii) Civil and Sessions & other Judicial Court.
(c) Other Receipts.
I. Sale proceeds of unclaimed and escheated property-
(i)................
(ii) Civil and Sessions & other Judicial Courts
II. Legal Aid to poor.
III. Recoveries of over payments.
(i) ...........
(ii) Civil and Sessions & other Judicial Court.
IV. Other Receipts.
(i)........
(ii) Civil and Sessions & other Judicial Courts.
(d) Stamp duties and penalties.
Note. - Sub-heads (a), (b) & (c) have been classified in the State Account under the major head "065 Other Administrative Services" and sub-head (d) under the major head "0.30 Stamps & Registration fees". These major heads and sub-heads will automatically be deemed to have changed whenever they are changed in the Budget.
(3) Departmental cash including:-
(i) Salary of establishment.
(ii) Travelling allowance.
(iii) Contingencies.
254. Use of International forms of Indian numerals. - In the maintenance and preparation of accounts and in the submission of statements relating to accounts international form of Indian numerals shall be used.
255. Deposits in cash. - Direct receipts of money which fall under head of Account (1) (a) of Rule 253 shall generally be avoided by courts:
Provided cash shall however, be received when tendered under head of Account (1) (a) in the following cases :
(1) When the court is over 8 Km. away from the nearest Treasury.
(2) When the money is payable into court under any of the Section following namely, Section 55, Order XX, Rules 11 & 14, Order XXI, Rules 84 & 85, Civil Procedure Code of 1908 and Section 379(1) of the Indian Succession Act, 1925 and is tendered after the hour prescribed in Rule 257.
(3) When the proceeds of movable property, sold in execution through the officer of a Civil Court, under Order XXI, Rule 77, Civil Procedure Code, cannot be paid into the Treasury on the day of sale.
(4) When the amount of the money tendered docs not exceed Rs. 25.
Repayments of money falling under head of Account (1) (a) shall be made through the Treasury.
256. Cash deposits and payments. - Money shall be received and cash payment made under Head of Account (1) (b) of Rule 253 by the Receiving Officer as hereinafter provided.
257. Time for receipt of deposits. - The time during which cash payable into court may be received is from opening of the court until a time which shall, except as hereinafter provided, be one hour in advance of the time fixed for the closing to the public of the Treasury and the account for the day shall then be made upage But even after this hour, cash payable under head of Account (1) (a) must be received in the cases noticed in Rule 255 and such transaction shall be entered in the accounts bearing date the next open day; but the receipts given to the payer shall also show (as a denominator) the actual date of payment, e.g. November 6/7, provided that the District Judge, having regard to local circumstances may prescribe the hours during which money may be received in any court within his jurisdiction.
258. Registers. - The following registers shall be kept by the Receiving Officer of each court:-
(1) Register of Receipts of Deposits (Reg. 16);
(2) Register of Repayment of Deposits (Reg. 17);
(3) Register of Petty Receipts and Repayments (Reg. 18);
(4) Register of Applications for Repayment Order (Reg. 19);
(5) Register of Applications for Refund of Lapsed Deposits (Reg. 20);
(6) Deposit Cash Book Subsidiary (Reg. 21);
(7) Register of Revenue Receipts (Reg. 22);
(8) Register of Money Order Received (Reg. 23);
(9) Register of Payments made by Postal Money Order/Bank Draft (Reg. 24);
(10) Register of Tenders (Challan) (Reg. 25);
(11) Acquittance Rolls (Reg. 26);
(12) Cash Book (General) (Reg. 27);
(13) Register of Contingencies (Reg. 28);
(14) Register of Salary Bills (Reg. 29);
(15) Register of T.A. Bills (Reg. 30);
(16) Register of Invoices (Reg. 31).
259. Erasures prohibited. - No erasures shall be allowed in any register, book or extract kept under these rules; where an alteration is necessary, the original figures shall be crossed out and the correct figures placed above them in red ink and initialled by the Presiding Officer.
260. Mode of payment of money into court. - Payment of money into court shall ordinarily be made by means of a tender upon a printed triplicate form. The applicants shall enter in the court language the particulars required in columns 1 to 4 of the triplicate form of tender (F. 23). The applicant shall then hand over the tender to the Munsarim or the Reader of the Court concerned, as the case may be.
261. Office report by the official-in-charge of the record. - The Munsarim or the Reader of the court concerned, as the case may be, shall then f call upon the official-in-charge of the record of the case for an office report as to whether the amount and nature of the payment tendered and the number of the suit, or proceeding, if any are correct, and whether the payment is due from the person on whose account it is tendered. Any necessary corrections shall be made and the munsarim or the Reader of the Court concerned, as the case may be, shall then sign the tender and enter it in the register of challans prior to the order for receipt of payment being passed.
262. Preparation of the order for payment. - The order to receive payment shall be prepared in the office of the Court and shall be enfaced upon the duplicate and triplicate forms of the tender, and shall run in the name of or Receiving Officer as prescribed in Rules 255, 256, 257. The order shall be signed by the Presiding Officer for all amount payable under Head of Account (1) (a) and (2) of Rule 253 and by the Munsarim or the Reader of the court concerned; as the case may be for all amounts payable under Head of Account (1) (b) of Rule 253. The tender form shall then be sent to the Receiving Officer who shall (in case where the deposit exceeds Rs. 25/-), prepare cash challan in form No. G.A. 57 in Duplicate and will hand it over to the party concerned for depositing the amount in Treasury. After depositing the amount in the Treasury, the party shall submit one copy of the cash challan to the Receiving Officer bearing bank endorsement of depositing of such amount. The Receiving Officer shall then make necessary entries in the concerned Register and make endorsement of the challan No. and date and amount on each of the three forms of the tender. Thereafter, the Receiving Officer shall send the tender forms to the Munsarim or the Reader of the Court concerned, as the case may be. The third form of tender shall be retained in custody by the Munsarim or the Reader of the court concerned, as the case may be, and then he shall return the second copy of the lender to the applicant and the original copy shall be sent to the concerned court for keeping it in the concerned case file.
263. Munsarim's responsibility to prevent unnecessary delay. - The Munsarim or the Reader of the Court concerned, as the case may be, shall be possible that no unnecessary delay occurs in obtaining the office report and the order to receive payment and in returning the duplicate form of tender to the applicant and the original form to the court concerned for placing it on the levant case file.
264. Procedure on presentation of the tender forms. - On presentation of the three tender forms and on payment of money to the Receiving Officer named in the court's order to receive payment, the applicant shall receive as an Acknowledgment, the duplicate form of the tender duly signed.
265. Cash- Book and Register of petty receipts. - Every receipt of cash under these rule by the Receiving Officer shall be forthwith entered by him, in the relevant Cash-Book and Register. If item falls under the head of account (1) (a) of Rule 253 it will be entered in deposit Cash-Book (Reg. 16). If the amount item falls under (1) (b) of Rule 253, it will be entered in the Register of Petty Receipts and Repayment (Reg. 18). If item falls under (2) of Rule 253 it will be Referred in Cash-Book (general) (Reg. 27), and in the Register of Revenue Receipts (Reg. 22).
266. Remittance of receipts to the Treasury. - The sums entered in the Cash-Book shall as soon as possible, after the time for receiving money under Rule 257 has expired, be deposited [within three days] of receipt in the Treasury through Cash Challan (G.A. 57) showing the several classes of receipt in their appropriate columns. On receipt of the duplicate of the challan from the treasury, necessary entries-regarding remittances shall be made in the relevant cash books and on each of the three form of tender provided that when there is no sub-treasury in the same town where the civil court is situated, remittances of each from such civil court to the treasury accompanied by the cash challan maybe made twice of week instead of daily.
267. Remittance by Money Order or letter. - (1) When money is sent to a civil court by a money order or under cover of letter, the procedure shall be as follows:-
The money order or letter, and the amount sent shall be received by, the Munsarim or the Reader of the court concerned, as the case may be, and shall be laid before the Presiding Officer; and an acknowledgment under his signature shall be given to the sender. If the money order or letter covers only a single sum for deposit, it shall be filed as an original tender with the record of the case. If the Money order or letter covers more sums than one for deposit, the coupon or other shall be filed in a separate file of Tenders by letter. For each item a triplicate form of lender shall be prepared in the office, a reference being made to the original letter in Column No. 1 of Register No. 23 to be kept by the Munsarim or the Reader the court concerned , as the case may be. The procedure laid down in the preceding rules shall then be followed, save that such sums shall in all cases be made payable to the court's Receiving Officer.
(2) For the period civil courts are closed for vacation, Munsarim or the Reader or the Official acting in his place, as the case may be, shall receive all money orders, sign acknowledgments for the same and do other acts, which under the preceding rules are ordinarily required to be done by the Presiding Officer. The work of the official mentioned above done under this rules shall be checked and reported to the District Judge within a week by each Presiding Officer on the reopening of the courts after the vacation.
268. Correspondence between Court and Treasury Accounts. - At the close of the day, the Munsarim or the Reader of the Court concerned, as the case may be, shall take the Register of Tenders to the Receiving Officer and shall compare the entries with the Treasury receipted challans received from the Treasury and with the relevant register of the Receiving Officer. When money has been deposited the Receiving Officer shall certify such receipt in the register of Challans (Tenders) (Reg. 25) giving the serial number and date of the Deposit Register. The Munsarim or the Reader of the court concerned, as the case may be, shall then countersign the Receiving Officer's Certificate at the foot of the original Tender, and relevant Registers and case the Original Tender to be filed with the record to which it relates.
Repayments
269. Repayment of petty receipts. - The repayments of sums entered in the Register of Petty Receipts and Repayments (Reg. 18) shall be made by the Receiving Officer upon his own responsibility, the signature of the recipient being taken when practicable in column 15.
Unexpanded items shall be returned direct to the Receiving Officer, who shall then enter them upon the receipt side, the name of the process-server or other person returning the items being entered in Column 4 and a reference to the original serial number of receipt being given in Column 6 thus "unexpanded balance of receipt serial No. 432". Repayment of such unexpanded items provided they have, not being remitted to the Treasury as miscellaneous deposits (See Rule 288) may be made by the Receiving Officer direct to the original payer or his duly empowered attorney either upon signature of the recipient being given in column 15, or by means of a Postal Money Order where repayment has not been so made. Where money is remitted by money order, the number and date of the money order receipt shall be entered in column 5.
At the end of each quarter, the Receiving Officer of every court shall ascertain what balance of moneys deposited and entered in the Register of Petty Receipts and Repayment are due and became repayable during the preceding quarter, and shall enter a minute in respect of each such balance in a list in the prescribed form (F. 24) which list shall be affixed to the notice board in a conspicuous part of the Court-house.
270. Repayment of other than petty items. - No repayment of any other sum shall be made except (1) upon an application in the prescribed form (F. 25) bearing an office report and the court's orders thereon, or (2) upon an office report bearing such orders. Every such application shall be signed by the person to whom the money is due and payable and his signature shall be witnesses. No application except on the prescribed form (F. 25) shall be received by a court.
271. Repayment of other than petty items. - Before the form of application for repayment is signed by the person to whom the money is due and payable columns 1 to 4 shall be filled up The form shall then be presented to the Munsarim or the order of the court concerned, as the case may be, by which the money is held in deposit. The application shall bear the court-fee, if any, prescribed by law and shall be entered in a register to be maintained for the purpose.
If the person to whom the money is due and payable appears in person to receive the money and is not personally known to the Presiding Officer, no order for payment shall be made until he has been identified by a counsel or other person, known to such officer. If the person to whom the money is due and payable does not appear in person, no order for payment shall be made unless and until the Presiding Officer is satisfied by affidavit or otherwise that the person asking for payment has been duly authorised by the person to whom it is due and payable by an instrument in writing to receive the money.
272. Repayment application to be compared with record of cash. - If the record has not been sent to the record room the Munsarim or the Reader shall cause particulars of the application for repayment to be compared with the record of the case, and a report shall be made in columns 5, 6 and 7 of the form of application and shall be signed by the Munsarim of the court concerned, as the case may be, if the application be found to be incorrect or defective, the defect or error shall be noted upon it and it shall be returned to the applicant for correction by him or for reference by him to the court.
273. When the record is in record-room. -If the record of the case has been despatched to the record-room, the Munsarim or the Reader of the court concerned, as the case may be, shall forward the application to the record keeper who shall certify the particulars required in columns 5 to 7 of the aforesaid application for repayment and shall sign the same.
If the record of the case has been despatched to the High Court or other appellate court, the Munsarim or the Reader of the court concerned, shall forward the aforesaid application to such court giving reference to the case in connection with which the record has been sent. On receipt of such application in the High Court or other appellate court, the Registrar or Munsarim of the Reader, as the case may be, shall certify under his signature, the particular as required in columns 5 to 7 of the above said application and shall forthwith return it to the court which forwarded it.
274. Receiving Officer's Report. - The Receiving Officer of the court to whom application is made shall then report as to the particulars required in column 8 of the form of the Repayment Application and shall sign the same. The Receiving Officer before making his report shall carefully ascertain whether or not there is any attachment or stop order affecting the money.
275. Order of Presiding Officer. - The application shall then be laid before the Presiding Officer for his order, and if the order be one for repayment, the amount to be repaid shall be entered in figures upon the form of application by the Presiding Officer in his own handwriting.
276. Repayment order. - The repayment order shall be prepared in G.A. form (F. 120). The Presiding Officer shall himself enter in the figures and in words in the space provided above his signatures, the amount of repayment ordered by him.
277. Specimen signature. - A specimen of the signature of the Drawing Officer shall be sent to the Treasury.
278. Delivery of repayment order to Applicant. - The repayment order when prepared shall be sent to the Treasury by the court when the Order of repayment is made, the Munsarim or the Reader, as the case may be, shall make an entry of the order to be made in the Register of repayment of deposits (Reg. 17) and in the appropriate columns of the register of receipts of deposits (Reg. 16) against the item or items in respect of which the repayment has been issued.
When the repayment order is received back duly passed by the Treasury, the Receiving Officer shall obtain signatures of the party concerned in column of remarks in Register No. 17 and shall then deliver the bill to the party for presentation to the bank for encashment.
279. Duty of Munsarim. - The Munsarim or the Reader of the court concerned, as the case may be, shall be responsible that no unnecessary delay occurs in obtaining the necessary report, and in preparing the repayment order.
Presiding Officer shall inspect every week the Register of Refund Applications, and shall ascertain from the orders for repayment, whether orders were obtained without undue delay i.e. 4 days from the date of receipt of reapplication, if the record of the case was at the same station of the court and 10 days if the record was at another station and shall seek explanation in the case in which orders were not so obtained.
280. Lapse of repayment order. - When a repayment order has been refused by the Treasury on the ground that the amount has lapsed to Government or that repayment order has not been submitted to the treasury within financial year, the office copy of the repayment order shall be enfaced with the words cancelled written in red ink and initialled by the Presiding Officer and the original repayment order shall be destroyed. A fresh order shall then issued, a note of the fact being made upon the office copy of the original order.
In the case of a repayment order which has been issued for the payment of an item which would lapse to Government under Rule 288 on 31st March of each year, a refund application for sanction of the Accountant General will be necessary. The fact of the item having lapsed should in such cases be noted on office copy of the original order.
Loss of repayment order.-When a repayment order is lost, no fresh order for repayment shall be made until the period of validity of the previous order has expired and a certificate of non-payment in the prescribed form No. 26 be obtained by court from the Treasury before a fresh order is issued. The procedure mentioned in Rule 109, G.F. & A.R. shall be followed for preparing a duplicate repayment order.
281. Application for repayment to be filed with case. - When the repayment or transfer has been so advised and entered, the Receiving Officer shall endorse the fact of repayment upon the form of application, which shall then be filed with the record to which the repayment relates.
282. Exclusion from accounts of direct payments by one to another party. - Moneys paid by one party to another in court but not through an officer of the court shall not be entered in the court's registers of accounts when money is to be paid by one person to another and both are present in court, money may be passed direct from the one to the other under the sanction of the Presiding Officer, the fact being noted in the record of the case. In case of payment of sums exceeding Rs. 20/-, the officer shall have a receipt in the prescribed form (F. 27) executed in his presence, a copy of which shall be filed with the record of the case. The payee, when not personally known to the Presiding Officer, shall be identified by some one who is so known. Care must be taken in these cases that no officer of the court receives or becomes in any way responsible for the money.
Note.-This procedure may be conveniently followed in cases of payment of decretal amounts by judgment debtors to decree holders or their counsel and when costs of the day are allowed by the court.
283. Initialling of Registers. - Each entry in Registers of Receipts and Repayments of Deposits shall be initialled by the Munsarim or the Reader of the Court concerned, as the case may be, and the Presiding Officer of the court, ordering receipt or payment.
Each entry in the Register of Petty Receipts and Repayments, and in the Register of Revenue Receipts shall be initialled by the Munsarim or the Reader of the court concerned, as the case may be, and the daily totals shall be initialled by the Presiding Officer.
284. Cash Book. - (1) All receipts and repayments under head (1)(a) of Rule 253 shall be entered in the Deposit Cash Book.
(2) The daily totals of receipts and repayments under head (1) (b) of Rule 253 shall be entered in the Deposit Cash Book from the Register of Petty Receipts.
(3) The daily totals of the Deposit Cash Book shall be entered in the General Cash Book.
285. Production of Original voucher before the Presiding Officer. - In laying the registers before the Presiding Officer of each court, the Receiving Officer shall produce the original orders as vouchers to enable the Presiding Officer to satisfy himself of the correctness of each entry.
All registers shall be compared with the Cash Book and signed by the Presiding Officer daily. At the time of signing the registers he shall see-
(1) that the daily totals of registers have been properly carried to the Cash Book, as required by Rule 284.
(2) that regarding receipts, entries in the register of receipts (Reg. 16) are supported by (Treasury cash challan and regarding repayment items entered in the register of repayments (Reg. 17) are supported by the relevant refund bills.
(3) that the items in the Register of Repayments of Deposits have been properly written off in the Register of Receipts of Deposits (Reg. 16).
(4) that the repayment from any deposit does not exceed the available balance.
286. Entries in the Deposit Register. - (1) No items shall be entered as received in the deposit register till cash challan of amount having been deposited in Treasury has been received from the party concerned or the Receiving Officer.
(2) At the close of the month, the repayment orders issued by the court, but which have not been encashed at the Treasury, shall be detailed at the foot of the Register of Repayments and their total shall be deducted from the total.
287. Examination of registers of receipts and repayment of deposits and quarterly certificates. - At the end of every quarter, a certificate in the following terms shall be recorded upon the Deposit Registers, and signed by the Presiding Officer for every court:-
"I certify that have carefully examined the Register of Receipts/Repayments of Deposits, and that the entries are made therein with care and regularity."
Note:-The object of the examination is to see-
(1) that all necessary entries are made in initialled at the time of the transaction;
(2) that no money is unnecessarily placed in deposit or remains there without good cause.
288. Unclaimed balances. - (1) Once in every quarter and whenever the cash balance exceeds the amount for which the Receiving Officer has given security, the Presiding Officer shall check the Register of Petty Receipts and Repayments and shall cause unclaimed balances, which it is no longer necessary to retain in the court to be remitted to the Treasury as miscellaneous deposits. Each item so remitted shall be treated as a separate deposit, and if not claimed, shall lapse to Government.
The result of the quarterly check by the Presiding Officer under this rule shall be reported for information and orders of the District Judge.
(2) Checking of cash balance.-Once in every week, the Munsarim or the Reader of the court concerned, as the case may be, shall examine the cash balance, in the hands of the Receiving Officer and shall submit to the Presiding Officer a certificate in the following terms :-
"I certify that 1 have personally examined the registers and counted the cash balance in the hands of the Receiving Officer and have found the same to be correct.''
289. List of lapsed deposits. - The Treasury Officer shall send a copy of the list of lapsed deposits of a particular financial year duly approved by the Accountant General to the Court concerned in the ensuing year. On receipt of such list the words "credited to the Government as lapsed on 31st March, 20..." shall be written in red ink against such item in the register of Receipts of Deposits (Reg. 16). The amount so lapsed should be entered in column Nos. 29 and 30. These items shall not be entered in the Register of Repayments of Deposits but aggregate of them shall be debited in the Cash Book (Reg. 21) in the column "Treasury".
A copy of such list shall be prepared and placed on notice board by 15th of the next month on a conspicuous part of the court house.
290. Refund of lapsed sums. - Deposits thus credited to the revenues of the State will not be repaid without the sanction of the competent authority. The amount of a lapsed deposit refund will be charged as a refund and not debited to deposit. The application for refund shall be recorded in the column of remarks in the register of receipts of a deposits and on the office copy of the list of lapsed deposits, if it has not already been weeded, so as to guard against a second repayment. Application in prescribed form (F.G.A. 154) be sent to the Competent Authority for sanction of the refund of lapsed deposits.
291. Procedure in cases of forfeitures ordered by court under Order XXI Rule 86. - The following rules shall regulate the procedure in cases of forfeitures ordered by court under Order XXI, Rule 86 :-
(1) in the case of a sale conducted by an officer of the court or by any other person (not being a Collector) appointed by the court, if on default being made in the payment of purchase-money within the time specified in Order XXI, Rule 85 of the Civil Procedure Code (Act No. V of 1908), the earnest money deposited under Order XXI, Rule 84, is ordered to be forfeited under Order XXI, Rule 86 of the Code, the court shall make over to the Receiving Officer a repayment order for the amount of the fee payable by way of poundage and the Receiving Officer shall buy stamps representing that fee and affix them on the order directing the deduction to be made.
As to the remainder of the earnest money the court shall:
(a) send a proceeding to the Treasury Officer informing him of the forfeiture of the item and of the number and date borne by it in the Register of Receipts of Deposits, and requesting him to transfer and credit it to Government under head "065-Other Administrative Services (A) Administration of Justice, (B) Fines and Forfeitures;"
(b) mark of the item in red ink along columns 11 to 23 of the Register of Receipts of Deposits (Reg. 16), thus: "forfeited under Order XXI, Rule 86 of the Civil Procedure Code (Act No. V of 1908) the ,day of 19 ." and enter it in column 24 of that register; and
(c) debit the item in the deposit Cash Book in column "Treasury" on the day on which transfer is advised by the Treasury Officer.
(2) In the case of a sale conducted by a Collector, if on default being made in the payment of the purchase money within the time specified in Order XXI, Rule 86 of Civil Procedure Code (Act No. V of 1908) the earnest money deposited under Rule 84 be forfeited under Rule 86 of the Code, the court will on report of the fact of non-payment being received from the Collector (a) send a proceeding to the Treasury Officer informing him of the forfeiture of balance shown in column 12 of the Collector's report of sale in the prescribed form (F. 28) as held in deposit after the poundage fee payable has been deducted and credited to Government as provided in Rule 292 and of the amount of that balance and the number and date borne by it in the Register of Receipts of Deposits and Requesting him to transfer and credit it to Government under head "065-Other Administrative Services (A) Administration of Justice (B) Fines and Forfeiture", and (b) mark of and enter the item in the Register of Receipts of Deposits and debit in the Cash Book in the manner prescribed in sub-rule (1).
(3) In respect of no item credited to Government under this rule shall a repayment order be issued, but every such item shall be entered in the Register of Repayments of Deposits (the word "credited to Government" being written against the item along Column 7 and 8 of that register), and shall thus be included, in the total repayments which are deducted from the total balance shown in Deposit Cash Book (Subsidiary) (Reg. 21).
292. Duty on applications for certificate under the Indian Succession Act. - Every application under Section 372 of the Indian Succession Act, 1925 (Act No. XXXIX of 1925) shall state the value of the debts and securities in respect of which the certificate is applied for; and shall be accompanied by a deposit of the estimated amount of stamp-duty payable on such certificate, and any person who may take objection to the issue of a certificate to himself, shall in the like manner be required to bring into court with his claim the estimated amount of stamp-duty payable on such certificate.
Every amount brought into court under this rule shall be deposited in the Government Treasury, and, if the application or claim be granted, will be drawn under Rule 276.
If the application or claim is rejected, the amount shall be repaid to the party by whom it was brought into court.
293. All moneys to entered in accounts. - All moneys received and paid by or through any officer or official in his official capacity as an officer or official of a court shall, without any reservation, be entered in the public accounts.
Un-authorised funds disallowed.-No un-authorised funds, as for instance from mines or from deductions made from the pay of establishment or from any other sources, shall be maintained.
294. Establishment Order Book. - An Establishment Order Book in the prescribed form (Reg. 32) shall be maintained in all courts in which the final result of each order on the subject of appointment, promotion, reversion etc., of individual officials should be shown. The Munsarim or the Reader of the court concerned, as the case may be, shall check the office copies of establishment pay bills by comparison with the entries in this Establishment Order Book. The Officer who passes establishment pay bills should also occasionally check a few items with the Establishment Order Book.
295. Check over postage. - District and Sessions Judges and the Presiding Officers of subordinate courts shall be responsible for checking expenditure on service telegrams service postage labels, including postage on judicial processes and cash postage.
They shall see :-
(a) that the Central and other Nazirs are thoroughly acquainted with the postal mles and rates and take advantage of the most economical method of despatch;
(b) that all letters and papers intended for one office are despatched in one cover.
Note:-Papers do not include records; and
(c) that one of the clerks of their courts is appointed to sort and despatch the letters and papers of each department of their courts in different covers to the Nazir.
296. Custody of cash and articles of value. - In every District Court, situated near the District Treasury, the District Judge shall arrange that cash received by the Central Nazir and required by law or rule to be retained by him or retained, by him in his official capacity are kept in a substantial box, and that this is duly deposited in the District Treasury.
Moneys received by the Central Nazair of such a court at a time when the box has been deposited, or by the Central Nazir of a court at a distance from the Treasury, shall be kept in the safe which has been specially supplied under Government orders to each District Court for the use of the Central Nazir.
The Central Nazir will be supplied with a fairly large box in addition to the substantial box in which he keeps cash. This additional box will be used exclusively for keeping in it articles of value received by him and required by law or rule to be retained by him or retained by him in his official capacity. It shall be securely locked and will ordinarily remain in Treasury. If any of the articles in it are required by the court in a particular case, the box, or the articles required, will be sent for from the Treasury and returned to the Treasury the same day unless the court orders otherwise.
The articles received by the Central Nazir at a time when it is not possible to have access to the additional box may be kept in the safe supplied for his use, but subsequently these articles shall be placed in that box without any delay.
All articles received by a Central Nazir or Nazir will be entered in a register to be maintained for the purpose (Reg. 33).
The Presiding Officer of an outlying court, shall see that the Nazir, on the closing of the Court each day makes over his cash chest for safe custody to the local Treasury or Sub-Treasury as the case may be.
Note.-At Tehsil Treasuries and Sub-Treasuries may be deposited Cash-Chests of outlying courts. At every tehsil where such chests are received for safe custody, the Tehsildar shall inform the Presiding Officer in advance of all holidays on which the Tehsil Treasuries will be closed, and on such holidays, shall on an application being made open the Tehsil Treasury from 10 to 11 a.m. and from 3 to 4 p.m. for the purpose of issuing and receiving the chests.
The District Judge, when inspecting an outlying court, shall see that the cash and stamps are kept in strong boxes secured with good locks; and shall report any case in which difficulty may be experienced in giving effect to the above order, owing to the court being situated at an inconvenient distance from the Treasury or Sub-Treasury or from any other cause.
District Judges should make surprise visits to the Nazarat at Headquarters at least once in every half year, and maintain a record certifying that this has been done and that the provisions of Rule 266 and of this rule are being complied with.
Presiding officers will make these inspections for outlying Nazarats.
Cash and articles of value received by a subordinate court at headquarters shall be forwarded for deposit to the Central Nazir.
CHAPTER XII
Process Fees and Court Fees
Process Fees
297. Scale of process fees and poundage. - The fees exhibited in the following table shall be charged for serving and executing the several processes against which they are respectively ranged:-
Table of fees
Part I
In the Courts of District Judges, Additional District Judges, Civil and Additional Civil Judges in suits, appeals and other proceedings.
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Article 1.-Summons to defendants, notice of appeal or other notice to respondents and notice to non-petitioners and judgment debtors: |
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Rs. P. |
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(a) When they are not more than four in number, one fee |
2.50 |
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(b) When they are more than four in number then the fee above mentioned for the first four, and an additional fee for every such person in excess of four: |
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Provided that the aggregate amount of the fees levied under this article shall not exceed |
12.50. |
|
|
Article 2.-Summons to witnesses when the witnesses are not more than four in number, one fee |
2.50 |
|
|
When such witnesses are more than four in number, then the fee above mentioned for the first four, and an additional fee for every such witness in excess of four |
0.60 |
|
|
Article 3.-Every order of attachment. |
1.25 |
|
|
Article 4.-In respect of the services of the officer making an attachment in the manner prescribed in Order XXI, Rules 43, 44, 51 and 54 and Section 46 of the Code when the property is to be attached in one town or village only, one fee |
5.00 |
|
|
When properly is to be attached in more than one town or village, then the fee above mentioned for the first town or village specified in the order of attachment, and an additional fee of three rupees for every other town or village: |
||
|
Provided that the aggregate amount of the fees levied under this article shall not exceed fifteen rupees. |
||
|
Article 5.-Every warrant of arrest in respect of each person to be arrested. |
3.75 |
|
|
Article 6.-In respect of the services of each official in whose custody a judgment-debtor is left under Order XXI, Rule 40(3) of the Code per diem |
3.00 |
|
|
Note:-Fees will be paid under this article in advance for such period as the court may from time to time direct. |
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Article 7.-Every order for the sale of property- |
||
|
(a) in respect of the order of sale |
1.25 |
|
|
(b) by way of poundage on the full amount of the purchase money- |
||
|
If the sale be effected through a broker under Order XXI, Rule 76 of C.P.C. (Act No. V of 1908). |
The Commission payable to the broker and in addition a sum equal to one quarter of such commission. |
|
|
Note.-The portion (a) of this fee must be paid when the process is obtained, and the poundage (b) at the time and in the manner prescribed in Rule 312, 313 or 314. |
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|
On sales conducted by civil courts at the rate of 6% or 6 paise in a rupee where the amount does not exceeds Rs. 1,000/-, where the amount exceeds Rs. 1,000/- but does not exceeds Rs. 10,000/-, the fee shall be as mentioned above upto Rs. 10,000/- and thereafter at the rate of 4% or 4 paise.in a rupee and if the amount exceeds Rs. 10000/-then the fees upto Rs. 10,000/- shall be as mentioned-above and thereafter at the rate of 2% or 2 paise in a rupee, subject to a maximum of Rs. 500/-. |
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|
Article 8.-In respect of the services of the officer making delivery of possession of property under Order XXI, Rule 31, 35, 36, 95, 96, 98 or 101 of the Code, or under any other law when property is to be delivered in one town or village only one fees. |
9.00 |
|
|
When property is to be delivered in more than one town or village then the fee above mentioned for the first town or village specified in the warrant of delivery, and an additional fee of three rupees every other town or village: |
||
|
Provided that the aggregate amount of the fees levied under this article shall not exceed fifteen rupees. |
||
Part II
In Suits or Proceedings in the Court of Small Causes or Munsifs
|
Article 1.-Summons to defendants and notices to non-petitioners- |
||
|
When not more than four in number, one fee |
1.25 |
|
|
When they are more than four in number then the fee above mentioned for the first four and an additional fee of 35 paise for each in excess of four: |
||
|
Provided that the aggregate amount of the fee levied under this article shall not exceed rupees six and 25 paise. |
||
|
Article 2.-Summons to witness, when the witnesses are not more than four in number, one fee. |
1.25 |
|
|
When the witnesses are more than four in number, then the fee above mentioned for the first four, and an additional fee for every such witness in excess of four |
0.35 |
|
|
Article 3.-Every order of attachment |
1.00 |
|
|
Article 4.-In respect of the services of the officer making an attachment in the manner prescribed in Order XXI, Rules 43, 44, 51 and 54 and Section 46 of the Code when the property is to be attached in one town or village only one fee |
3.00 |
|
|
When the property is to be attached in more than one town or village then the fee above mentioned for the first town or village, specified in the order of attachment and an additional fee of two rupees for every other town or village: |
||
|
Provided that the aggregate amount of fees levied under this article shall not exceed ten rupees. |
||
|
Article 5.-Every warrant of arrest in respect of each person to be arrested. |
2.50 |
|
|
Article 6.-Every order for the sale of property- |
||
|
(a) in respect of the order of sale |
1.00 |
|
|
(b) by way of the poundage on the full amount of the purchase money,- |
||
|
If the sale be effected through a broker under Order XXI, Rule 76 of C.P.C. (Act No. V of 1908). |
The Commission payable to the broker and in addition a sum equal to one quarter of such commission. |
|
|
Note.-The portion (a) of this fee must be paid when the process is obtained and the poundage (b) at the time and in the manner prescribed in Rules 313, 314 or 315. |
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|
On sales conducted by Civil courts at the rate of 6 percent or 6 paise in the rupee where the amount does not exceed Rs. 1,000, 4 percent or 4 paise in the rupee thereafter. |
||
|
Article 7.-in respect of the services of the officer making delivery of possession of property under Order XXI, Rule 31, 35, 36, 95, 96, 98 or 101 of the Code when property is to be delivered in one town or village only, one fee. |
4.00 |
|
|
When property is to be delivered in more than one town or village, then the fee above mentioned for the first town or villages specified in the warrant of delivery, and an additional fee of two rupees for every other town or village: |
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|
Provided that the aggregate amount of fees levied under this article shall not exceed ten rupees. |
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|
[Provided that the Court Fee calculated in accordance with the rate of fee given works out to a sum containing fraction of a rupee, the total amount of fee shall be rounded off to the next higher rupee] |
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298. Payment of process fees and other expenses. - Except in so far as is otherwise provided by any rule or specially ordered by a court, no process shall be drawn up or issued for service or execution, as the case may be, until the fee chargeable under these rules has been paid in court fee stamps.
299. Exemptions. - Notwithstanding Rule 297, no fee shall be chargeable for serving for executing,-
(1) any process which may be issued by any court, of its own motion unless the order of the Court is for payment of the necessary/process by a party;
(2) any process issued a second time in consequence of an adjournment made otherwise than at the instance of a party or an intervener;
(3) any copy of a warrant, order or certificate posted under Order XXI, Rule 36, 54 or 96 of the Code when the fee chargeable under Article 3 or Article 7, Part I or under Article 3 or Article 6, Part II, has been paid;
(4) any copy of a summons, notice, order, proclamation of other process posted in a court house or in the office of a Collector;
(5) any order intimating withdrawal of attachment of postponement of sale;
(6) any order intimating to a sales officer that permission has been given to a decree-holder to bid for or purchase property under Order XXI, Rule 72, C.P.C.;
(7) any copy of a notice of an application under Act No. VIII of 1880, Guardians and Wards Act sent to a Collector;
(8) any order directing an officer-in-charge of a jail to detain or to release a person committed to his custody.
300. No fees to be charged for fresh service on execution of processes in certain cases. - (1) No fee shall be charged for fresh service or execution of processes in cases in which any processes are not served on account of a mistake of the officer or fault of the process-server.
(2) A summons or notice served under Rule 13, 14, 15 or 17 of Order V of the Code shall be deemed to have been served for the purpose of this rule, even though the service is held to be insufficient under Order V, Rule 18.
301. Unexpended process fee. - (1) No fee paid in respect of an order of attachment or an order of sale shall be refunded if the order in respect of which the fee has been paid, has been passed.
(2) If, for any reason, it becomes unnecessary for an officer to proceed to make an attachment in the manner prescribed in Order XXI, Rule 43, 44, 51 or 54 or delivery of possession of property under Order XXI, Rule 31, 35, 36, 95, 96, 98 or 101 of the Code, any fee paid in respect of his services shall be refunded after a deduction at the rate of 20 paise in the rupee or part thereof.
302. Poundage. - When any sale in execution of a decree of a civil court is conducted by a Collector, a fee shall be payable by way of poundage on the full amount of the purchase-money at 6 per cent.
The fee payable shall be deducted by the Collector from the sum deposited under Order XXI, Rule 84 of the Code by the purchaser, and shall be credited to Government.
303. Mode of paying poundage. - (1) When any sale in execution of a decree of a civil court is conducted by a Sales Amin, the fee payable by way of poundage, on the full amount of the purchase-money shall be paid in stamps, which shall be affixed on the first application, if any, be filed for payment of such purchase money out of court, whether it be or be not made by the person who obtained the order of sale, or whether it does nor does not extend to the whole of the purchase money. If no such application be filed, then the stamps representing the fee payable shall be affixed on the office report on which the Court has recorded its order for payment. If such an application be filed, it shall bear the requisite stamps for the fee, in addition to such stamps, if any as are needed for its own validity:
Provided that when such fee has once been paid in full in respect of any sale, no further fee shall be payable in respect of the same sale:
Provided also that the party paying such fee shall be paid the amount of it out of the purchase money prior to the distribution thereof among the persons entitled thereto:
Provided also that when a sale of immovable property is set aside under Order XXI, Rule 92(2) upon applications under Order XXI, Rules 90 and 91 of the Code, no fee shall be payable by way of poundage on the purchase money.
(2) When a sale of immovable property is set aside under Order XXI, Rule 92 (2) upon application by the judgment-debtor under Order XXI, Rule 89, fees due by way of poundage shall be payable by the judgment-debtor and shall be paid in stamps affixed to the application to set aside the sale.
(3) When a sale is made under either Rule 65 or Rule 76 of Order XXI of the Code by a person other than an officer of the court an Amin or a Collector, the procedure in this rule herein before prescribed shall be followed, but the amount of the poundage fee to be paid in stamps shall be the full amount chargeable under Rule 297 less the amount of such person's commission.
Where the amount of special Amin's commission exceeds the poundage fee chargeable under Rule 297, no such poundage fee shall be levied.
Such commission shall be payable out of the sale-proceeds next after the payment mentioned in the second proviso of sub-rule (1) of this Rule.
304. Poundage fee to be deducted from the deposit. - If default be made in the payment of purchase money within the time specified in Order XXI, Rule 85 of the Code, the fee payable by way of poundage shall be deducted from the deposit paid under Order XXI, Rule 84, and stamps representing such fee shall be brought and affixed by the court on the order directing the deductions to be made.
305. Poundage less than 50 paise. - Any fraction of 50 paise in a fee payable, by way of poundage shall be remitted.
306. Wages of chairmen and incidental charges. - Incidental charges such as the wages of chairmen and the like, shall be levied in cash. Their amount will be at the discretion of the court. They shall be paid by the party named by the court before the Amin is deputed.
307. Amin's deputation fee when sale is not held. - (1) Before an Amin is deputed to sell property a payment shall be required on the following scale to meet the expenses of his deputation in the event no sale take place by reason of the claim being satisfied or for any other cause:-
|
Rs. P. |
|
|
When the amount, including interest due upon the decree or order does not exceed Rs. 100/- |
2.50 |
|
When such amount exceeds Rs. 100/- but does not exceed Rs. 500/- |
4.00 |
|
When such amount exceeds Rs. 500/- but does not exceed Rs. 1000/- |
6.00 |
|
When such amount exceeds Rs. 1,000/- |
9.00 |
(2) If the sale takes place the above amount shall be deducted from the poundage payable under Rule 297 (Part I, Article 7) and Part II and if for any reason, it becomes unnecessary for the Amin to proceed to the place where the sale was to have been held, the payment made under this rule shall be refunded, after deduction at the rate of 20 paise in the rupee or part thereof, in no other case shall a refund be allowed.
308. Process fees taxable as costs. - The fee paid in pursuance of these rules shall in all proceedings be deemed and treated as part of the necessary and proper costs of the party who pays them; provided that no fees or charges which have been refunded, or in respect of which a party might have obtained a refund, shall be deemed and treated as necessary and proper costs within this rule.
309. How to file process fees. - Process fees payable under these rules except where otherwise indicated, be paid in adhesive Court-fee stamps pasted on a separate sheet of paper on which shall be written the particulars of the case in which the process is to be issued and the description of the process of which it be the fees.
310. Proclamation of a notice by beat of a drum. - When a notice has to be proclaimed by beat of drum (as under Rule 8 (3) of Chapter V, Probate of the III Volume of the Manual of Civil Court Rules, 1984 or Order XXI, Rule 54), the actual expenses of proclaiming the notice by beat of drum shall be levied in cash. The amount of such expenses will be at the discretion of the court and shall be tendered in cash with every application for the issue of such notice.
311. Punching and cancellation of stamps. - (1) Each Judicial Officer should under Section 68 of the Rajasthan Court Fees and Suits Valuation Act, 1961, formally appoint an officer for the purpose of cancelling stamps. That officer, who should ordinarily be the Reader for documents filed in court and the Munsarim (or other Ministerial Officer) authorised to receive any application for documents presented before him shall personally attend to, and be personally responsible for, the strict fulfillment of the duty of receiving documents to be filed, examining the correctness and adequacy of the stamps attached thereto and immediately cancelling such stamps as are required by Section 68 of the said Act. There is no objection to the ministerial officer appointed employing trust worthy subordinates to do the more manual work of cancelling the stamps subject to the approval of the court, but it will be on the distinct understanding that, that officer will be personally responsible for the due execution of duty and for any defalcation or fraud that may occur in connection with it.
Note.-(1) The Presiding Officer should see that punching is done immediately on presentation of the petitions and other documents in court.
(2) A rubber stamp in the following form shall also be used:-
Cancelled
Dated
It should be applied across the adhesive stamps and upon the paper on either side of it but not in such a way as to obliterate the entries thereon or to render the detection of forgeries more difficult.
(2) Strict compliance with the provisions of Section 68 of the said Act is enjoined. In all cases it should be carefully seen that the figure heads of the court-fee stamps are punched out that the pieces are destroyed, and the stamps registered before the documents to which the stamps are attached are filed or acted upon.
(3) Every Judicial Officer should inspect and test the work of his officials from time to time so as to ensure attention to their duty and to limit opportunities for fraud. A very efficient check could be kept on any attempt to defraud Government, if each Presiding Officer examines daily some of the record he handles and if he also examines periodically bundles of records of case deal with by him, taken out at random from the shelves in which they are placed.
312. Aggregate value and number of stamps to be noted. - The official entrusted with the work of cancellation and first punching of court-fee labels and impressed stamps shall legibly record on the documents, below the stamps, the aggregate value and number of the stamps used to denote each separate fee.
When two or more impressed stamps are used, the official concerned shall record the aggregate value and number of stamps on the first sheet and on the other sheets he shall make a note that it forms parts of that particular documents.
313. First punching of labels on copies etc. - The Court or office issuing copies, certificates or other similar documents liable to stamp duty shall, before issue, cancel the labels affixed to them by punching out a portion of the label in such a manner that the value expressed therein is not removed.
314. Destruction of pieces punched out. - The portion of the stamp removed by the punching prescribed in Rules 311 and 313 shall be burnt or otherwise destroyed by the officer charged with the duty of punching it out.
315. Forgery of stamps to be reported to Government. - The Presiding Officer of every Civil Court shall report immediately to the State Government through the Inspector General of Stamps and Registration, Rajasthan, any instance of forgery or fraudulent use of any description of stamps, whether General, Judicial, Postal or Telegraph coming to his notice. Such report shall be accompanied by full particulars as to the nature of the forgery or fraud perpetrated, and, if possible by specimens, and shall, in the case of Judges of Courts of Small Causes, Civil Judges and Munsifs, be made through their District Judge.
Refund
316. Authority to refund Court- fee and process-fee. -The Court may order refund of Court Fees under Sections 61, 62 and 63 of the Rajasthan Court Fees and Suits Valuation Act, 1961 and rules made thereunder and refund of Process Fees as may be ordered under the rules in Chapters III and XII of these rules,
317. Refund of Court- fees on Order of demand. -When a suit is remanded on appeal by an order under Rule 23 or 23-A, Order XLI, of the Code the refund certificate shall not be granted by the appellant court authorising the appellate to receive back the whole or any part of the fee paid on the memorandum of appeal until the order of remand has become final, either by being affirmed in appeal or by the expiration of the time for filing of a second appeal.
318. Order for refund. - An order for refund of court-fees or process-fees shall be made on an application bearing an office report or on an office report. The Presiding Officer shall with his own hand note in figures the amount to be refunded; and the Judge shall refer to such order before signing the certificate for refund.
319. Fee on delayed application in outlying courts. - When an application for refund of court-fees is made and it is found necessary in an outlying court to call for the record of the case from the record room, the applicant will be required to pay a fee of Re. 1 if the application for refund is made beyond three weeks of the decision of the case.
320. Certificate of refund. - The refund shall be made by a certificate for refund in the prescribed form (F. 29) granted by the court to the person entitled to such refund, authorising him to receive from the Collector the amount therein specified.
321. Note of refund Certificate. - (1) When a refund certificate has been signed by the Presiding Officer the clerk concerned shall record in red ink on the document bearing the stamps in respect of which the refund has been ordered; a certificate indicating that refund certificate number has been issued on .................. (Give date) for rupees ................. (give figures) in respect of the stamps pasted above.
(2) The issue of the certificate shall also be noted against the original entry of the receipt of Court-fee in the Register of Court-fee.
322. Parts of refund certificate and their disposal. - Part I of Form No. 29 shall be retained in the Court and Parts II and III shall be made over to the persons to whom the refund or repayments to be made for presentation to the Collector or at fine Treasury or Sub-Treasury.
Such presentation shall be made within 15 days from the date of the certificate and the certificate shall not remain in force for more than 15 days.
On the refund or repayment being made at the Treasury or Sub-Treasury the Officer-in-charge shall fill up Part III and return it to the court which granted the certificate retaining Part II as his voucher for the refund or repayment.
323. Parts of refund certificate and their disposal. - On receipt of Part III, such officer, as the Presiding Officer may appoint in this behalf, shall-
(1) paste Part III to Part I, noting on the former the date of its receipt form the Treasury or Sub-Treasury;
(2) certify below the order of the Presiding Officer directing the refund or payment that the refund or repayment has been made;
(3) file the document, on which the refund or payment was ordered, with the record, unless it has already been so filed;
(4) record in red ink a certificate in the following form on the document bearing the stamp or stamps in respect of which the refund or payment has been made and obtain the signature of the Presiding Officer thereto;
"Certified that the sum of.................has been refunded (or paid as the case may be) under certificate No dated ", and
(5) if the refund or payment was of a process-fee note the same in columns 27-29 of the registers of court-fees and process-fees against the original entry of the fee, and record on Part III of the certificate for refund, the fact of such note having been made.
CHAPTER XIII
Civil Court Registers
324. Registers to be maintained in all courts. - The following registers shall be maintained in all Civil Courts:-
(1) Register of Civil Suits (Reg. 34);
(2) Register of Civil Suits Disposed of (Reg. 35);
(3) Register of applications for execution of decrees and orders (Reg. 36);
(4) Register of disposal of Applications for execution of decrees and orders (Reg. 37);
(5) Register of Miscellaneous Judicial cases not relating to other cases (Reg. 38);
(6) Register of Returned Documents (Reg. 39);
(7) Register showing the classification and value of suits instituted (Reg. 40);
(8) Register of Miscellaneous Cases judicial, relating to other cases (Reg. 41);
(9) Register of persons committed to jail (Reg. 42);
(10) Register of proceeding taken in execution of orders received from the High Court (Reg. 43);
(11) Register of records requisitioned and returned (Reg. 44);
(12) Register of person summoned and examined (Reg. 45);
(13) Register of injunctions and stay orders (Reg. 46);
[(14) Register of closed Registers (Reg. 46A) ]
325. Memorandum books for all Civil Courts. - (1) A memorandum book of dates for cases (Reg. 47), shall be maintained in all Civil Courts.
(2) The entries in this book for each day for different kinds of cases e.g. original suits, appeals, execution cases, miscellaneous cases, shall be grouped separately.
Note.-The memorandum books in (1) and (2) shall be opened for inspection to counsels, registered clerk of counsels, and the parties between hours to be fixed by the Presiding Officer.
326. Diary for contested cases. - Presiding Officers shall keep a diary in their own handwriting in any form convenient to them in which they shall note for their use the date fixed in all contested cases with, where possible, a rough estimate of the time likely to be occupied.
This rule shall not apply to cases of Small Causes Court and to miscellaneous cases, for which special days should ordinarily be allotted.
327. Additional Registers for appellate Courts. - (a) The following registers also shall be maintained in the Courts of District and other Judges exercising appellate powers:-
(1) A Register of Appeals from Decrees (Reg. 48).
(2) A Register of Appeals from Decrees disposed of (Reg. 49).
(3) A Register of Miscellaneous Appeals from order (Reg. 50).
(4) A Register of Miscellaneous Appeals from order disposed of (Reg. 51).
328. All Civil Courts authorised to hear revisions under the Gram Panchayat Act shall maintain a Register of Revisions under Gram Panchayat Act (Reg. 52).
All Civil Courts authorised to hear revisions under the Rajasthan Relief of Agricultural Indebtedness Act, 1957 shall maintain a Register of Revision under the Rajasthan Relief of Agricultural Indebtedness Act, 1957 (Reg. 53).
329. Gradation list. - A gradation list of the establishment of the judgeship in the prescribed form (Reg. 54), shall be kept in the office of the District Judge and subject to the educational test and other conditions for appointment that may be prescribed, promotion shall be given with reference thereto and with due regard to the seniority in grade, qualifications and conduct of officials.
330. Nazir's Registers and despatch Register. - Every Nazir shall maintain-
(1) A Process Register (Reg. 55)
(2) A Register of Peons (process servers) (Reg. 56)
(3) Despatch Register (Local) (Reg. 57)
(4) Despatch Register (Postal) (Reg. 58).
Note.-The Despatch Register may be used by court officials and by the Central Nazir or Nazir for transmission of papers other than returns of service of processes to and from their respective offices.
The Peons Register shall have separate pages allotted for entries about the work of every process server.
It shall be written up by the Nazir or officer deputed by him upon the return of a process sewer after sewing a warrant, summons or notice.
At the end of the month the several columns shall be totaled up. In the remarks column the District Judge and the officer-in-charge of the Nazarat shall give such remarks and orders as they consider necessary.
331. Register of orders to Amin. - In every Civil Court a register shall be maintained in the prescribed form (Reg. 59) of all orders issued to Amins. This register shall be checked by the Presiding Officer weekly and he shall note in it, in his own handwriting, whether explanation given of delay is or is not satisfactory, and if it is not what orders have been passed.
332. Register to be kept by Amins. - Every Amin shall keep in his own handwriting a diary in the prescribed form (Reg. 60), a Proceedings Register (Reg. 61), a Property Register (Reg. 62) and a Cash Register (Reg. 63).
333. Register of process-fees and Court-fees. -A register of Court-fee and process-fees (Reg. 64) shall be kept in each Court by such officer as the Presiding Officer may appoint.
334. Register of casual leave. - Every authority which grants casual leave shall cause a register of such leave to be maintained for (1) gazetted officers, (2) ministerial officials, and (3) non-ministerial staff in the prescribed form (Reg. 65). The entries in the register shall be made and initialed by the Presiding Officer forthwith as soon as casual leave is granted. This register shall be regularly examined by inspecting officers.
335. Duty of filling up registers and inspecting of registers. - The Court official appointed for the purposes by the Presiding Officer of each Court shall daily enter the particulars of the days cases in the proper registers and, atleast once a month in the first week shall lay these registers before the Presiding Officer, who will inspect and sign his name and put the date under the entries of the previous month (District Judges, Civil Judges and Munsifs should also inspect and sign the other registers maintained in their courts).
336. Work under new legislation. - (1) Where any appeal, case or execution application under any existing law or under any law which may be made thereafter, other than those provided for in the Code or in these rules is instituted in any Civil Court, it shall be treated for statistical purposes as a regular appeal, miscellaneous (Judicial) case, or execution proceeding; as the case may be, and entries will be made in the appropriate registers and in the periodical returns accordingly:
Provided that where any election case is instituted in any court in accordance with any law such a case shall be treated as a regular suit for statistical purposes.
(2) In the remarks column of the registers, the section and the Act under which such appeals, cases or execution applications are, instituted shall always be noted, and in the periodical returns, the figures for each type of appeals, cases or execution applications shall be separately shown and at the bottom they should be totalled.
337. Forms of Registers. - Forms of the registers to be maintained are given in Appendix "C".
CHAPTER XIV
Returns and Reports
338. Annual Statement. - The following annual statements shall be submitted by all Civil Courts:-
(1) (A) Annual statement showing the general results of the trial of civil suits in courts original jurisdiction (Ret. 13).
(B) Annual statement explaining the delay in suits pending over three years (Ret. 14).
(C) Annual statement showing the number and description of suits instituted (Ret. 15).
(D) Annual statement showing the number and value of suits instituted (Ret. 16).
(E) Annual statement showing the mode of disposal of "Miscellaneous Cases, Judicial" (Ret. 17).
(F) Annual statement of revision cases under the Gram Panchayat Act (Ret. 18).
(G) Annual statement of revision cases under the Rajasthan Relief of Agricultural Indebtedness Act (Ret. 19).
(H) Annual statement showing the business of Civil Appellate Court in appeals from decrees (Ret. 20).
(I) Annual statement showing the business of Civil Appellate Court in Miscellaneous Appeals (Judicial) (Ret. 21).
(J) Annual statement of undecided suits classified according to years (Ret. 22).
(K) Annual statement showing the result of proceedings on applications for execution of decree and orders (Ret. 23).
(L) Annual statement explaining the delay in execution applications pending over three years (Ret. 24).
(M) Annual statement showing the number of parsons summoned and examined (Ret. 25):
(N) Annual statement of receipt from search fee, inspection fee, copying charges and of the salary of establishment employed (Ret. 26)
(O) Annual statement showing the number of process serving peons employed and the fees received for their services (Ret. 27).
(P) Annual statement showing the income and expenditure of Civil Courts (Ret. 28).
(2) The explanations contained in return Nos. 14 and 24 shall be suitably dealt with by the District Judge.
339. Quarterly Statements of work done and pending files. - Every subordinate court shall submit to the District Judge by the 10th April, 10th July, 10th October and 10th January, a statement of the work done in that court during the quarter ending 31st March, 30th June, 30th September and 31st December (Ret. 5).
The District Judge shall by the 15th of April, 15th of July, 15th of October and 15th of January send to the High Court a similar statement showing the work done in his court during the quarter ending 31st March, 30th June, 30th September and 31st December (Ret. 5). Alongwith the quarterly statement for his court the District Judge shall send to the High Court the statement of the work done in the Courts subordinate to him.
On receipt of these statements District Judges shall make such short comments as they may think necessary and shall send comments with any necessary orders to the officers concerned, forwarding a copy to the High Court for information.
340. Every subordinate court shall submit to the District Judge by the 10th April, 10th July, 10th October, and 10th January a quarterly statement of pending regular suits stayed by orders passed by High Court (Ret. 6) and another quarterly statement of pending execution cases stayed by the High Court (Ret. 7). The District Judge shall then by the 15th April, 15th July, 15th October and 15th January send a consolidated statement (including cases of his own court) for the regular suits stayed by the High Court (Ret. 6) and another consolidated statement (including cases of his own court) of execution cases stayed by the High Court (Ret. 7) to the Registrar, High Court.
341. Statement of receipts from search and inspection fees and copies. - At the end of each year a statement (Ret. 26) shall be submitted to the Court of the District Judge by each court subordinate to it. This statement shall show on the receipt side the receipts from search fees, inspection fees, copying charges for ordinary and urgent copies, and it shall also show the value according to the schedule scale of the copies granted free of charge; and on the disbursement side it shall show the salary of the establishment employed.
An annual statement (Ret. 26) showing the receipts for the court of the District and Sessions Judge and for each subordinate Civil Court shall be prepared in the Court of the District Judges; and shall be forwarded to the High Court.
342. Statement of cases in which Judgments were delivered with delay. - Every subordinate court shall submit to the District Judge by the 10th April, 10th July, 10th October and 10th January a list in the prescribed form (Ret.8) of cases in which there has been delay of more than three weeks from the date of conclusion of arguments in delivery of judgments.
The District Judge shall examine the lists so sent up and endorse thereon his order regarding the delay. The lists sent by the additional District Judges and Civil Judges shall be forwarded together with that of his own court by the District Judge to the High Court by the 15th April, 15th July, 15th October and 15th January. The list sent up by the Munsifs and Courts of Small Causes shall be returned after endorsement.
343. Submission of Annual Statements. - Annual Statement for the year shall be submitted by subordinate courts to the District Judge on or before 20th day of January in the following year; and by the District Judge to the High Court on or before 15th of February then next.
344. Annual report. - District Judge shall submit to the High Court, together with the annual statements, a report for the year on the administration of Civil Justice.
345. Remarks about subordinate Judicial Officers. - Alongwith or soon after the annual reports, before the end of February each year, District Judges should forward confidentially to the High Court, their remarks on the prescribed form (Ret. 30) about subordinate judicial officers.
346. Contents of Annual Report. - The following matters shall be noticed in the Annual Report,-
(1) the condition of judicial buildings;
(2) the preparation, arrangement and transmission of records;
(3) the cancellation of stamps;
(4) the classification, registration of correspondence, circulars and returns;
(5) the distribution and preservation of circulars and, general letters;
(6) the destruction of records;
(7) the condition of the District Court Library;
(8) the result of inquiry into the sufficiency of security given by public accountants;
(9) the working of the rules under Section 71 of the Rajasthan Court Fees & Suits Valuation Act, No. 23 of 1961;
(10) the condition of accounts of the courts;
(11) the working of the rules relating to Civil Courts;
(12) the arrangement, distribution and use of printed forms;
(13) the observance of the rules as to hours of sitting;
(14) the observance of the rules relating to check of Amin work by the Officer-in-charge;
(15) the effect of recent legislation and of rules of the Government or the High Court on the working of the Courts;
(16) any work done by an officer which does not appear in the annual returns e.g. election work, work in administrative tribunals. The number of days spent over such a work shall also be indicated; and
(17) the compliance by District Judges with Rule 341.
Note.-Matters not to be inserted in the annual report.-In the preparation of their annual reports, officers should refrain from the expression of censure or criticism of officers of other departments of the Government. If it is though necessary then it should be brought to the notice of the High Court by a separate report for further action.
347. Prohibition against calling for extra returns by the District Judges. - In calling for returns other than the ordinary returns to enable him to supervise work, the District Judge shall see that such returns are brief in form and easily collected from existing registers.
348. Return of acquisition and parting of landed property by Judicial Officer. - Every District Judge shall submit to the High Court on or before 20th of January of each year a return (Ret. 31) of all landed properly acquired by himself or any subordinate Judicial Officer, whether in his own or not or parted with by him during the preceding calendar year together with this statement shall be submitted (1) a statement (Ret. 31-A) of the landed property held, whether in his own name or not, by him or any subordinate Judicial Officer, who has been appointed to his District during the preceding calendar year and (2) a list showing in the case of the above mentioned Officers:-
(a) the names of immediate blood relations;
(b) the names of immediate connection, with place of residence of each.
349. Examination of adequacy of securities. - The adequacy of ail securities shall be examined every year between April and June 30 and a report made to the High Court in the prescribed form (Ret. 32) soon after the examination. When it appears to the District Judge that the value of a security has from any cause become insufficient, he shall call upon the official for whom such security was furnished to furnish adequate and sufficient security within a definite time and he shall in the mean time obtain a personal bond with sureties for the deficiency of his security. When there has been no mutation of ownership or sensible depreciation of the property pledged, it will be unnecessary to renew the security bond. A note of the result of the verification should be made in column No. 9 of the Register of secrets of public Accountants.
350. Statement showing receipts under head Administration of Justice. - The, Presiding Officer of each Court shall before the 15th of every month prepare a statement in the prescribed form (Ret. 4) showing the amount of receipts under the respective revenue head specified in the form which were credited into the Treasury during the previous month. This statement should then be sent to the local Treasury and verified thereby the Treasury Officer. The discrepancies, if any pointed out by the Treasury Officer should be reconciled and after the statement has been duly verified, it should be submitted to the District Judge who as Controlling Officer, will see that the dues of Government are regularly paid into the Treasury.
351. Defalcation or loss of public money. - On the occurrence in any department of a Civil Court of any defalcation or loss of public money, the fact shall be at once reported to the High Court.
When the matter has been fully inquired into a further complete report shall be submitted to the High Court about nature and extent of loss and the officials responsible for causing it and showing the errors neglect of rules by which such loss was rendered possible.
352. List of returns and reports and forms thereof. - List of returns and reports to be submitted and forms thereof are given in Appendix 'D'.
CHAPTER XV
Correspondence
353. Classification of Correspondence. - The department into which the correspondence of Civil Courts is classified are as follows:-
(1) Appointment, promotion, transfer, leave removal and inquiry into the conduct of Government servants,
(2) Pension and gratuities,
(3) Security of Public Accountants,
(4) Legal Practitioners,
(5) Precepts received from the High Court,
(6) Processes sent to and received from other Courts,
(7) Annual reports and periodical returns,
(8) Bills,
(9) Budgets,
(10) Deposit account,
(11) Books, maps, forms and stationery,
(12) Building and furniture,
(13) Inspection of District and Subordinate Courts,
(14) Rules and practice, and
(15) Miscellaneous.
No change in this classification shall be made without the sanction of the High Court.
354. Arrangement of files. - The correspondence under each head shall be arranged by files; each file shall consist of all the letters received and issued in the courts of a consecutive correspondence upon one subject. The letters in each file shall be arranged in chronological order; the first letter received or issued being at the bottom of the file, and the last letter received or issued being at the top.
355. General Register of correspondence files. - As soon as a correspondence file is started, it shall be entered in the General Register of correspondence files in the prescribed form (Reg. 66).
356. Monthly submission of the General Register to the Presiding Officer. - The General Register of correspondence files, shall be put up at the end of every month to the Presiding Officer, in order that he may see that unnecessary delay does not take place in any case.
357. Register of letters received. - Every letter received shall be docketed and entered in the Register of letters received in the prescribed form (Reg. 67). The date of receipt of the letter and its register number shall be entered on the docket in red ink.
358. Register of letters issued. - Every letter issued shall be fairly copied; the original draft and the fair copy shall be numbered with the annual serial number, one set of such serial numbers running through all the civil Court correspondence for the calendar year; the letter shall then be entered in the Register of letter issued, in the prescribed form (Reg. 68), and the draft letter shall be docketed, the date of issue and the annual serial number being entered on the docket.
359. Marking of serial number of letter. - The serial number of the letter in its file shall also be marked in red ink on the docket of each letter, i.e. the first letter received or issued on a file shall be marked S. No. 1, the second letter received or issued be marked S. No. 2 and so on.
When a letter is received or issued if it pertains to a previously existing file, the file shall be got out, and the next consecutive serial number of the series of that file shall be assigned to the letter.
360. Office notes. - Office notes relating to a correspondence shall be maintained in one continuous series and filed together and not interpreted between letters.
361. Connected files. - If a letter refers to, or be connected with, another file under the same or another head, that file shall be linked with the file to which the letter pertains, the file being separately tied up, but connected by a piece of tape. The linked files shall remain together until the file containing the reference or connection has been finally disposed of, when they shall be relegated to their proper places, a note being made on each that it was linked with the other on receipt of the letter.
362. Division of files into two classes. - Files shall be divided into two classes namely:-
(1) Closed files, that is to say, files in which further correspondence is not expected; and
(2) Pending files, that is to say, files in which further correspondence may be expected.
363. Correspondence Press. - A separate press, divided into fifteen or more compartments, shall be reserved for closed files; and over each compartment the head to which it is appropriate shall be noted. This press shall be known as the Correspondence Press.
364. Closed files. - The closed files pertaining to each head shall be tied together between stiff boards in separate annual bundles of convenient size and on the upper board shall be written the head and the year, or the portion of the year, to which the bundle relates.
No closed file should be out of its bundle except when it is actual use.
365. Pending Files. - Pending files shall be in two packets one of (a) files containing references that have been answered or require no answer and the other of (2) files containing references that are unanswered.
As soon as a pending file is closed, the entries in the General Register of correspondence files relating to it (Reg. 66) shall be completed and it shall be removed from the packet of pending files and placed in its appropriate compartment in the correspondence press.
366. Re-opening of closed files. - If correspondence relating to a closed file be re-opened, the file shall be withdrawn from the correspondence press and placed among pending files, with which it shall be kept till the renewed correspondence terminates. It shall then be returned to the correspondence press and placed in the bundle for the year, on the portion of the year in which the renewed correspondence terminated. When a closed file thus withdrawn and returned, a note of the date of withdrawal at the time of the file is withdrawn and reference to the bundle in which the file has been placed at the time, the file is returned, shall be made in column of remarks against the former entry in the General Register of correspondence files and the files closed (Reg. 66). A slip of paper with a similar note recorded on it shall be placed in the bundle from which the file was withdrawn.
367. Categories of General letters and Circulars. - (1) General letters and circulars fall under the three categories:-
(i) General letters and circulars containing no general instructions or orders, but only calling for information or explanation in regard to particular matters, (e.g. questions in Parliament or Legislative Assembly or remarks in Audit Inspection Reports).
(ii) General letters and circulars containing general instructions or orders, but of only ephemeral value (e.g. declaring a certain day as a special holiday, or saying that the Registrar would be away during a certain period and D.O. letters during this period should be addressed to the Additional Registrar, or asking that monthly establishment bills for a certain month should be submitted before a certain date).
(iii) General letters and circulars containing general instructions or orders of permanent or lasting importance, (e.g. saying that applications for leave should be submitted one month in advance of the date from which leave is required or that process-servers are entitled to T.A. when they travel by rail etc.)
(2) The general letters and circulars falling under the first category shall be treated as ordinary correspondence.
(3) The general letters and circulars falling under the second category shall be kept in one consolidated file without reference to the subject, to which the letter or circular relate.
(4) The file referred to in sub-rule (3) shall be styled Ephemeral Circulars and General Letters.
The General letters or circulars falling under the third category shall be entered in a single register (Reg. 69). They shall be, however, filed in separate files as follows:
(i) Circulars of the High Court (Civil).
(ii) Circulars of the High Court (Criminal).
(iii) Circulars of the Government.
(iv) Circulars of the Board of Revenue.
(v) Circulars of the Accountant General.
(vi) Circulars of the Inspector-General of Registration and Stamps.
(vii) Circulars of the Inspector General of Police.
(viii) Other circulars.
To each file book shall be prefixed an index in which the number, date and subject of each circular shall be entered at the time the circular is filed.
368. Supply of copies of General and Circular letters. - The District Judge shall arrange that copies of general letters and circular letters are supplied to all courts in the judgeship.
When any general letter or circular letter relates to the duties of an Amin, or specially affects the works of any official, an additional copy shall be furnished to such Amin or official who shall paste it into a file book and shall prefix to the file book and index containing the particulars mentioned in Rule 367.
369. Correspondence originating in a Circular. - If a circular gives rise to correspondence the correspondence shall be kept in a separate file, a note being made on the first letter of correspondence in the file that the circular referred to is pasted into its appropriate file book, and a note bearing reference to the correspondence being recorded on the circular itself.
An extra copy or extract copy of the circular, as the case requires may be placed on the correspondence file.
370. Return Press for periodical returns. - A separate press, divided into as many compartments of varying sizes as there are periodical returns, shall be reserved for such returns, and over each compartment the description of the return to which it is appropriated shall be noted. This press shall be known as the "Return Press".
Correspondence relating to periodical return shall, like correspondence connected with circulars, be kept in separate files, and when closed, shall be placed in the correspondence press, a note bearing reference to the correspondence being recorded in the particular return.
371. List of Returns and Reports due. - In every office a list showing the returns and reports due, the office to which they are sent, and the date they are due shall be hung up near the Munsarim's table. Similar list shall be hung up in the Judge's Chamber. Every clerk responsible for preparing a return shall be given a similar list of those returns for which he is responsible and such list shall be hung up near his table or place in the office.
372. List of registers to be maintained. - In every office a list showing the register to be maintained, the official by whom each such register is to be maintained, shall be hung up near the Munsarim's table.
A similar list shall be hung up in the Judge's Chamber.
Every clerk responsible for maintaining any registers shall be given a similar list of those registers for which he is responsible and such list shall be hung up near his table or place in the office.
373. Correspondence with High Court. - In all correspondence with the Registrar of the High Court following instructions shall be observed:-
(1) As a rule, the Registrar shall be addressed by letter and not by docket or endorsement.
(2) A list of the enclosures accompanying a letter shall be made at the foot of it. Every judicial file shall be reckoned as a separate enclosure.
(3) Where a demi-official letter is addressed to the Registrar, only one subject should be dealt within one letter, a second subject should be made the subject of a second letter.
374. Correspondence relating to suits and cases. - Correspondence relating to suits, appeals or cases judicial or non-judicial, shall be dealt with according to the following rules:-
(1) Letters forming such correspondence shall be filed with the case to which they relate;
(2) To indicate that the Presiding Officer considers no further action necessary in respect of any correspondence, he shall write the word 'File', with his initial on the last letter. The Munsarim or the Reader of the court concerned as the case may be, must then, after examining the previous papers, mark the last letter "concluded and filed" before the correspondence is considered with the case to record room.
(3) Every letter received should bear an order record on it by the Presiding Officer, or the word "seen" with initials, as an indication that he has seen it.
Judicial officer in corresponding with the High Court shall address their communications through the District Judge to the Registrar with the exception of notices and summonses issued by the High Court and served by Subordinate Courts, acknowledgment of records, and all correspondence relating to the case work of the High Court which shall be addressed to the Deputy Registrar direct.
375. Confidential fetter. - Confidential covers shall be addressed by name to the person who should open them. When a cover is so addressed, it should be opened only by the person whose name it bears (or, in his absence by a responsible officer to be specified by him).
376. Weeding of Correspondence. - (1) The papers of closed files in the office of the District Court and the Courts subordinate to it shall be weeded as follows:-
Reminders and office memoranda which are unnecessary for the understanding of the file and are not likely to serve any immediate separate purpose shall be destroyed when the file is closed.
(2) Correspondence on or relating to the following subjects shall be retained for a period of one year from 1st January of the year succeeding that in which the file is closed:-
(i) Medical examination of ministerial officers.
(ii) Leave, transfer and certificate of transfer of charge of ministerial officers (These are to be retained for one year after entry in the service book).
(iii) Verification of securities of public accountants and officials (These are to be retained for one year after the next verification).
(iv) Contingent bills.
(v) Change of office hours.
(3) The following correspondence or correspondence on or relating to the following subject shall be retained for a period of two years from 1st January of the year succeeding that in which the file is closed.
(i) Explanation of delay and letters calling for them.
(ii) Overing dockets and letter on mere matters of routine such as those returning enclosures, etc., including those sent to and received from the High Court concerning the grant of certificates to Legal practitioners under Act XVIII of 1879.
(iii) Explanation called for by the High Court on quarterly and annual statements.
(iv) Periodical returns and reports.
(v) Service and execution of processes of other courts.
(vi) Questions of practice and procedure, which have been subsequently settled by published rules of the High Court.
(vii) Assessors.
(viii) Impounding of documents and also relating to fines and penalties.
(ix) Printing and adjustment of charges.
(x) Accountant Generals objections on the establishment return.
(xi) Transmission of records.
(xii) Entertainment of temporary extra copyists and weeders on temporary record-room establishment.
(xiii) Civil and Criminal annual reports.
(xiv) The preparation of list of legal practitioners willing to execute commissions.
(xv) The judicial calendar and holidays not specified therein.
(xvi) The supply of repayment order books.
(xvii) Process serving establishment.
(xviii) Correction of deposit accounts and lapsed deposit accounts.
(xix) Cases transferred by order of the High Court.
(xx) Reconciling of discrepancies in sale commission free return.
(xxi) Plus and minus memorandum of civil court deposits and objection of Accountant General regarding deposit accounts.
(xxii) Appointment of, retirement of or grant of pensions to, officials who are dead.
This rule refers only to correspondence and not to periodical returns or reports themselves.
(4) The following correspondence or correspondence on or relating to the following subjects shall be retained for a period of three years from 1st January of the year succeeding that in which the file is closed:-
(i) Appointment.-In the case of temporary establishment. (The period of retention of the correspondence relating to appointment in the case of permanent establishments is thirty five years.)
N.B.-Care shall be taken to return all original testimonials to the applicant.
(ii) Transfer, posting, charge, leave, drawing fresh increment of pay and last pay certificates of gazetted officers.
(iii) Indents for printed forms, stationery and additional copies of circulars.
(iv) Gratuities to ministerial officers (but the sanctioning order should be retained for twenty five years from the date of retirement of the pensioner or for three years from the date of his death whichever is earlier.)
(v) Verification of services of ministerial officers.
(5) The following correspondence or correspondence on or relating to the following subjects shall be retained for period of five years from 1st January of the year succeeding that in which the file is closed:-
(i) The distribution of territorial jurisdiction of Civil Courts.
(ii) Budgets.
(iii) Applications for additional grants.
(iv) Powers of officers.
(v) The annual vacation and arrangement of work during the vacation.
(vi) Payment of rent of buildings secured for court houses.
(vii) Travelling allowance bill books.
(6) The Correspondence on or relating to salary bills of gazetted officers should be retained for six years from 1st January of the year succeeding that is which the file is closed.
(7) The following papers shall be retained for ten years, computed from 1st January of the year succeeding that in which the correspondence relating to them was weeded:-
(i) Estimate of Budgets.
(ii) Annual reports (Civil and Criminal) and returns.
(iii) Inspection notes, the High Court's order thereof on, and correspondence relating thereto.
(8) Correspondence on the following subjects shall be retained until the Presiding Officer orders their destructions;
(i) Correspondence relating to pensions.
(ii) Complaints against officials and correspondence relating thereto, if containing papers likely to be required by the Accountant General when application is made for pension or gratuity.
(iii) Correspondence relating to books, maps, furnitures and repairs of Court Houses.
Note.-1. The Presiding Officer shall ordinarily order the destruction of records (i) and (ii) when there remains no possibility of the papers being required to answer a reference of the Accountant General. Ordinarily, in the case of (i) the sanctioning order shall be retained for twenty five years from the date of retirement of the pensioner or for three years from the date of his death whichever is earlier and the other correspondence should be destroyed after three years. The correspondence relating to (ii) shall ordinarily be destroyed after the official has died or retired or has been removed.
2. Such correspondence shall be laid before the Presiding Officer every year and he shall in the case of each file pass one of the following orders to be recorded on the first sheet:-
(a) that it be atonce destroyed;
(b) that it be retained for a period of one, five or ten years from 1st January or the next year;
(c) that it be kept permanently;
(d) that it be retained until further order be passed.
If the order described in (b) or (c) be passed, the file shall be placed with the files which are governed by a paragraphs (2), (4), (5), (7) above as the case may be.
(9) correspondence on or relating to the following subjects, and any other correspondence which the Presiding Officer, shall in any particular cases so direct be retained permanently, namely:-
(i) Assessment of taxes or rates on Civil Court buildings.
(ii) Suits to which Government is party.
(iii) Revision of establishment.
(iv) Creation and abolition of courts.
(v) Acquisition of land or other property by Government.
Provided that the District Judge may from time to time direct the destruction, after ten years, of any such file or part of such file the preservation of which is, in his opinion, unnecessary.
[(10) The service books of officials (Reg. 70) shall not be returned to the Government servant on retirement, resignation, discharge, termination, death or removal etc. from Government service or to their legal representatives. They shall be laid before the District Judge for orders after 3 years of the retirement, resignation, discharge, termination, removal or death of the employee and then shall either be destroyed or retained for a further period as directed. The duplicate service book may be supplied to a Government Servant on payment of Re. 1/- only.
Character Rolls (Reg. 71) are the property of Government and, on the retirement or dismissal etc. of an official should be kept in the office where he was last employed subject to their being laid before the District Judge after 3 years for orders as to whether they should be retained or destroyed.]
(11) In the month of May each year, the head clerk or such other officer as may be appointed by the District Judge in that behalf, shall examine the files affected by the preceding paragraphs, and having selected the papers to be destroyed, shall lay them before the Munsarim. When the Munsarim has satisfied himself that the papers are liable to destruction, he shall after obtaining the orders of the Judge, cause them to be sold as waste paper in accordance with the instructions given in Rule 178, unless if he considers that any of them should be retained for a longer period, he shall submit such papers with a memorandum of the ground of his opinion for the orders of the District Judge. Notes and orders shall be treated as confidential papers.
377. Adverse entry in the character roll. - Every entry in the character roll which may adversely affect the promotion of the official concerned must be communicated to him. Copies of the entries in such rolls will not be given.
378. Issue of commendatory Parwanas or Certificates of good character. - The practice of issuing commendatory Parwanas or separate certificates of good character in the case of officials is strictly prohibited. Subordinates may, however, be granted on their retirement such special certificate of good work and conduct as may seem fit.
CHAPTER XVI
Library
379. General Registers of books and periodicals. - (1) All books in the library shall be entered in the General Register of Books (Reg. 72) and also in the classified Catalogue.
(2) Periodicals (e.g. Government Gazette or All India Reporter) which are eventually bound in volumes of a form different from that in which they are first received shall in the first instance be entered in the Register of Periodicals (Reg. 73). They shall be taken over in the General Register of Books and the Classified Catalogue (Reg. 74) when they are bound in the proper form.
380. Classification and arrangement of books. - Books shall be classified in the catalogue and arranged in the library, in the manner following:-
I. Collection of Acts, Ordinances and Regulations:-
(i) Central.
(ii) Rajasthan,
(iii) Other States.
II. Special Acts, when printed separately.
III. Commentaries on Acts.
IV. Law Treaties.
V. Departmental Codes, Guides, Manuals and Circulars-
(i) Judicial.
(ii) Revenue.
(iii) Finance and Accounts.
(iv) Miscellaneous.
VI. Law Reports.
Note.-There shall be a separate sub-head for each separate series of law reports, e.g. A.I.R., I.C., I.L.R. (Allahabad), l.L.R. (Bombay), etc.
VII. Digests.
Note.-There shall be a separate sub-head for each separate series of digests.
VIII. Periodicals.
IX. Administration Reports-
(i) India.
(ii) Rajasthan.
(iii) Other States.
(iv) Miscellaneous Departments.
X. Dictionaries, Glossaries, Lists and Directories.
XI Miscellaneous.
Any additions or alteration to the heads or sub-heads given above may be made only with the sanction of the High Court.
381. Room for Library. - The books composing the Library of each court shall, if practicable, be collected together in a separate room assigned for the purpose.
382. Librarian and his duties. - in each office, an official to be nominated by the District Judge, shall be specially placed in charge of the Library as Librarian.
It shall be the duty of the Librarian-
(1) to stamp the seal of the Court on the title page, the tenth page and the last page of print of each book;
(2) to affix on the first page below the cover and on the lower portion of the back of every book received for deposit in the library a stamp or label in the following form:
Government Property
Gen. No.
Class Section No.
Court of the .............................
at............................
(3) to check the catalogue at the commencement of each year;
(4) as soon after 1st January as possible, the result of the check and certificate as to the condition of the books in the Library;
(5) to issue books from the Library in accordance with the rule following and to see that no books are issued otherwise; and
(6) to report the loss of any book from the Library as soon as discovered.
383. Receipt for books taken out - When any Presiding Officer requires a book from the library, he shall send a receipt for it on a slip of paper, which shall be returned to him when the book is returned to the Library.
The Librarian shall enter in a book (Reg. 75) to be kept for that purpose-
(1) the name and number of each book removed from the Library on that day and not returned before the close of the day.
(2) the date when it was removed.
(3) the name of the person who received it; and
(4) the date when such book is returned to the library.
Every reasonable facility is to be afforded to Government Counsel to consult the law books in the court's Library'.
384. Checks of Books. - The Librarian will submit to the Presiding Officer a quarterly list in January', April, July and October showing the books which have been out of the Library for more than one month who will then take necessary steps to secure the return of the books unless there is good reason for their retention by the borrower.
385. Loss of books. - When the loss of any book is reported, the District Judge, will from the charge certificates of the clerk's concerned during the year and after making necessary inquiries, decide whether the cost of the missing books should be recovered from them or from other persons responsible:
Provided that the person responsible for loss of the book may replace the book in lieu of payment of its costs.
386. Binding of Books. - Valuable books may, with the previous sanction of the High Court, be sent to be bound at the Government press, but where it can be done efficiently, books should be bound locally.
387. Communication with Government Press by subordinate courts. - Judges of Courts of Small Causes, Civil Judges and Munsifs shall communicate with the Superintendent, Government Press through the District Judge.
388. Gazette. - Gazette shall be regularly filed and carefully bound into annual volumes.
389. Books etc. not to be weeded. - The following books and publications shall not be weeded without reference to the High Court:-
(1) Collection of Acts, Ordinances and Regulations;
(2) Commentaries on Acts;
(3) Law Treatises;
(4) Latest editions of the manual of Government Orders, Books, Circulars, of the Board of Revenue, Service Rules, Treasury Manual, Financial Hand Books, Civil Account Code, Standing Orders of the Accountant General and of the directions and Manuals (including circulars) of the various departments; also single copies of superseded editions of the above;
(5) Law Reports;
(6) Digests;
(7) Government Gazettes; and
(8) Civil Statements and note, Criminal Statements and note, Revenue Administration Reports, Police Administration Reports, Registration Department Reports, Census Reports and Appendices.
390. Publication which may be weeded. - District Judges may weed out the following publications without reference to the High Court:-
(1) Duplicate copies of superseded editions of publications mentioned in Rule 389.
(2) Superseded editions of villages directories, histories of gazetted officers and civil and army lists.
391. Weeding of valuable books. - When it is proposed to weed duplicate copies of work of any value, reference should be made to the High Court for information as to whether the books are required elsewhere.
392. Sale of books etc. - Non-official publications and official publications which have been priced for sale to the public should, if it is decided to weed them under these instructions, be sold to the best advantage. All such publications shall, prior to sale, be stamped inside the cover "sold by order of the Court." For this purpose a special stamp shall be prepared and kept in the custody of the District Judge.
CHAPTER XVII
Forms, Stationery and their Indents
393. Sanctioned forms. - A list of printed forms for use in district and subordinate Civil Courts, which may be obtained from the Government press, is given in the Appendix-E.
Those forms which are saleable are also shown for facility of reference in Appendix F.
394. Manner of obtaining non-saleable forms. - Non-salable forms shall be obtained in the following manner:-
The indents shall be prepared under the supervision of the Presiding Officer. Forms enough to last for a whole year and to leave margin of three months consumption at the end of that year shall be entered in the indent. The Presiding Officer shall also ascertain that provision for the cost of form indented exists in the grant placed at his disposal. A certificate in the following form shall be endorsed on the indent:-
(1) Certified that sufficient provision exists for the adjustment of the cost of the above indent, balance of my grant under the head "Stationery and Printing" being.
(2) It is within my competence to obtain the articles indented for.
The indent shall then be sent to the Superintendent, Government Press, who will arrange supply directly. When forms are printed in books, the number of books should be stated.
Forms for subordinate outlying courts located at places remote from a railway will be sent to the District Judge or to some Munsif on a line of Railway who will cause them to be forwarded to such courts in the manner he may consider most convenient and economical.
395. Stock of printed forms. - Each District Judge, each outlying civil judge and each outlying Munsif, shall be allowed to hold certain quantities of saleable forms as permanent advance in accordance with the general directions issued by the High Court. The District Judge shall be responsible for the advances to all the courts in his judgeship and shall deal with indents for saleable forms in respect of the courts subordinate to him, direct with the Superintendent, Printing and Stationery.
396. Stock of Printed forms. - (1) When the stock of saleable forms is reduced to one half of the quantity fixed by the High Court as permanent advance, the District Judge shall take steps to recoup the shortage direct from the Superintendent, Printing and Stationery. He shall apply in the prescribed form (F. 30) furnishing the certificate mentioned therein.
(2) Forms shall be sold at the rate of eight rupees per hundred to licensed stamp vendors, who may retail them to the public at the rate of ten paise per form. Forms shall not be sold in packets of less than hundred each unless the permanent advance of any particular form has been fixed at less than hundred. Receipt books of form No. 51 shall be issued only to Official Receivers at the rate of 50 paise per book. The procedure herein contained for the supply of saleable forms of licensed stamp vendors shall apply mutatis mutandis to the supply or receipt books to Official Receivers.
(3) The licensed stamp-vendors shall not pay to the Nazair in cash the price of the saleable forms that they required but they shall deposit the money in the Treasury by means of treasury challans in triplicate. One copy shall be retained in the Treasury, the second one shall returned to the stamp-vendors who shall submit the same to the Nazir in lieu of the price of the forms received by them and the third copy shall be forwarded to the Chief Superintendent, Printing and Stationery, Rajasthan, Jaipur, for necessary adjustments in his accounts. Before signing the certificate mentioned in (1) above the indenting officer shall verify the recoupment order and formally cancel the challans by writing across them "cancelled" in red ink. The challans so cancelled shall be immediately consigned to the record-room where they will be retained till destroyed under the weeding rules.
At places, where there are no licensed stamp-vendors, the District and Sessions Judge may appoint licensed form-vendors to perform the duties of licensed stamp-vendors under this rule.
(4) The stock of saleable forms in hand on the 31st March shall be examined and a statement (Reg. 35) sent by the indenting officers to the District Judge in no case later than the 15th April each year. These statements along with a similar statements relating to the court of the District Judge shall be forwarded to the Superintendent, Printing and Stationery, by the end of April each year.
397. Arrangement of printed forms. - The list of printed forms prescribed by the High Court is arranged in parts. Forms should, at the time they are receiving in any Civil Court, be similarly arranged there; the forms in each part again being arranged in the order of the numbers they bear. The forms should be stored upon racks or in presses.
398. Stock-book of forms. - A stock-book of non-saleable printed forms shall be maintained by the Munsarim of each court in the prescribed form (Reg. 76). A separate page shall be given to each form in the use in the Court; the balance shall be struck after each transaction, and the balance on 30th June and 31st December of each year shall be verified by counting the forms on the racks or in the presses, and a note of the verification made on each page of the stock book on the pages relating to those forms of the which a stock is in hand.
399. Charge of saleable forms. - All saleable forms shall be in the charge of the Central Nazir or the Nazir, who shall keep them under lock till issued and maintained a register (Reg. 77) of each forms.
400. Surplus stock of forms. - Surplus forms should not be returned to the Government Press without informing the Superintendent and all such consignments must be sent carriage paid. When large surpluses of forms exist, the Superintendent of the Government Press may be asked to arrange for their distribution.
401. Prohibition of unauthorised forms. - District Judges shall ensure that:-
(1) Saleable forms printed by a press other than the Government Press are not used in any court.
This rule may relaxed when saleable forms printed at the Government Press are not available.
(2) Forms other than those for the time being authorised by the High Court are not used in any court.
Stationery
402. Stationery indents. - (1) Stationery shall be obtained in the following manner:-
Indents shall be prepared under the supervision of the Presiding Officer. The Presiding Officer shall ascertain that provision for the cost of stationery exists in the grant placed, at his disposal. A certificate in the following form shall be endorsed on the indent:
(i) I certify that sufficient provision exists for the adjustment of the cost of the above indent, the balance of my grant under the head "Stationery and Printing" being........
(ii) It is within my competence to obtain the articles indented for.
The subordinate courts at the headquarters of a District Judge shall send their indents through the District Judge. For the courts not located at the headquarters of the District Judge, the indents shall be sent through the senior most judicial officer at the station.
Indents should as a rule be prepared only twice each year and should reach the Superintendent, Government Press of the division concerned by the 15th August and 15th January respectively.
Invoices will be made separately for each court but for the subordinate courts at the District Judge's headquarter, they will be forwarded through the District Judge.
Stationery for outlying courts located at places remote from a Railway will be sent to the District Judge or to some Munsif on a line of railway, who will cause them to be forwarded to such courts in the manner may consider most convenient and economical.
(2) Stock book of stationery.-A stock book of stationery articles shall also be maintained in the prescribed form (Reg. 78).
CHAPTER XVIII
Amins
403. Qualification for appointment as Amin. - Before appointing any person to be an Amin, the District Judge shall satisfy himself that the candidate has a competent knowledge of-
1. Hindi.
2. Arithmetic.
3. Mensuration.
4. Elementary land-surveying and mapping.
5. Order XXI and XXVI of the Code.
6. Rules relating to the work and duties of Amins.
404. Instruments for Amins work. - The District Judge shall, from time to time as funds allow, purchase the instruments given in the following list:-
1. Plane Table.
2. Box of drawing instruments.
3. Measuring Chain.
4. Measuring Rod.
5. Brass Sight.
6. Brass Scale.
7. Measuring Taps.
Such minor articles as mapping pens, boxes of colours, tracing cloth, etc., if not procurable from the Superintendent, Printing and Stationary, can be purchased locally. The District Judge shall inspect and verify the stock of the above instruments in his annual inspection of the Office of Civil Judge and Munsifs.
405. Utilization of service of the Amin by other courts. - Subject to the orders of the District Judge, the services of the Amin on the establishment of the District Court should be utilized as far as practicable by the other courts located at headquarters of the District Judge.
406. A member of the ministerial staff to work as Amin. - Where the services of the Amin are not available, the services of any other member of the ministerial staff may be utilized for the purpose by the Presiding Officer of the court.
407. No additional remuneration for services as Amin. - The Amin on the regular establishment are or any other member of the regular establishment shall not be entitled to any additional remuneration for his services except only the travelling allowance permissible.
408. Appointment of a special Amin. - Where the services of an Amin on the regular establishment are not available, and where the services of any other member of the ministerial staff cannot be utilized for the purpose without detriment to normal office working, the Court may appoint a special Amin in the case.
409. Approved list of Amin. - (1) Special Amins shall be appointed out of an approved list of Amins maintained in each court.
(2) Where more than one civil court is located at the same station, there shall be a common list for all such courts.
(3) Admission of persons to the approved list of Amins shall be made with the sanction of the District Judge, by the Presiding Officers of the Courts.
410. Persons admitted to the list of approved Amins to be duly qualified. - Care shall be taken to see that persons admitted to the list of approved Amins are sufficiently educated and qualified for the work required of them.
411. Remuneration of a special Amin. - The remuneration to be paid to a special Amin shall be determined by the court according to the circumstances of each case.
The remuneration should not ordinarily exceed [100/-] rupees per day for the period actually spent in the work done (including the period spent on travelling) in addition to travelling allowance, where necessary, at the rate permissible for Government servants of the corresponding class.
412. Remuneration to special Amin to be deposited. - The remuneration payable to a special Amin shall be deposited in cash by the party at whose instance the sale or attachment (for conducting or affecting which the Amin is appointed) is ordered.
413. Remuneration to a Special Amin in certain cases. - When the remuneration payable to Special Amin in cases of attachment is less than the prescribed process-fees in respect of the services of the officer making an attachment or in cases of sales is less than the prescribed process-fee payable by way of poundage, the process-fee payable in court fee stamps shall be the full amount chargeable under the rule less the amount payable to the Special Amin as his remuneration.
414. Circles and beats of Amins. - (1) Where there are several persons on the approved list of Amins attached to any court or group of courts, the District Judge shall distribute work of every Amin so as to ensure even distribution of work.
(2) The District Judge shall appoint a Judicial Officer to be incharge of the work of the Amins provided that where an Amin works in the jurisdiction of an outlying court, the Presiding Officer of such Court shall be incharge of the work of such Amin.
415. Amin to know rules about pounds. - Every Amin shall acquaint himself with the rules about cattle pounds.
416. Amin to work personally. - Amins shall perform their duties in person and not by deputy.
417. Work for Amins. - Civil Court Amins besides being employed to conduct sales, may be employed on any of the following duties:-
(1) In making attachment under an order of the Court.
(2) In making delivery of possession of property under an order of the court.
418. Day's journey of Amin. - When in order to perform his duties, an Amin has to travel the court in determining the fee to be paid for his service shall assume a day's journey to be fifteen or twenty miles, according to the nature of the court to be traversed, unless the place is connected by bus or rail.
419. Programme of Amin. - When an Amin proceeds on tour, he shall make such arrangements as will ensure that orders issued by the Court shall reach him without delay. The arrangement so made shall, on each departure of the Amin be notified by him in writing to the courts whose order he executes and also the officer-in-charge of his work.
420. Information by Amin to decree holder. - An Amin shall inform the decree-holder or his pleader by registered post or otherwise, within sufficient time of the date on which he proposes to be at certain spot to make an attachment or deliver property, so as to enable the party concerned or his representative to attend on that date.
421. Instruction for Measurement and Mapping. - Amins shall be guided by the following instructions in making field and land measurements in local inquiries:-
(1) All measurements shall be made with chain and compass and the chain shall be 20 meters in length.
(2) The work shall be plotted to scale and the scale to be used shall be 1 centimeter to 40 centimeters and 25 centimeters=1 kilometer, unless otherwise ordered by the Court.
(3) The starting point and every bearing and measurement taken shall be recorded in field-book as the measurement proceeds. The field-book shall be submitted with the map prepared and therefrom, and in it any prominent land marks adjacent to or on the line of measurement shall be noticed.
(4) All water, running or standing, shall be indicated in blue; land or building in dispute shall be shaded red; and all writing on the map shall be so made as to be read when the map is held with the north side upper most.
422. Procedure for Police help to Amin. - When Amin has to make an attachment under an order of the Court and he apprehends that resistance will be offered by the judgment-debtor, he shall make a request to the Court for requisite police help and shall mention full reasons for fearing a breach of peace. On request being made that Court shall write to the Superintendent of the Police for providing necessary Police assistance.
In cases of emergency, when the above procedure is not possible, application shall be made to the Officer-in-charge of the police station concerned.
423. Scrutiny of the Amins statement work. - The Officer-in-charge shall satisfy himself that there has been no avoidable delay in executing a process and that Amin in his tour has taken the shortest route.
Officer-in-charge shall report to the District Judge if he finds any irregularity or unnecessary delay in execution of process by any Amin.
424. Payments to Amins for sale of movable property. - Every Amin shall give receipts for all such cash payments or all movable property that may come into his custody by virtue of his office to the person from whom he receives the same. Counterfoil receipt-book (F. 31) shall be supplied.
425. Payments to Amins for sale of immovable property. - When the sale is of immovable property, the Amin shall receive in cash the twenty-five percent deposit required by Order XXI, Rule 84, for the rest of the purchase-money, he shall ordinarily give a payment order (F. 32) entering therein as the date of payment, the latest safe date, having regard to the terms of Order XXI, Rule 85. Counterfoil books of payment orders will be supplied for this purpose. If the amount of the purchase-money be less than Rs.100/- the Amin may at his discretion receive payment of it on full at the time of sale.
426. Auction purchaser to pay money to the Receiving Officer of the Court. - The auction-purchaser to whom such payment order has been given shall pay the money noted therein to the Receiving Officer of the Court which made the order of sale, in the manner prescribed in Rules 260 and 264 and shall with his tender file the payment order delivered to him by the Amin. Such payment order shall, along with the tender be filed with the record of the case which it relates.
427. Amin's Cash Register. - With the exception hereinafter noted, all money received by an Amin shall immediately on receipt be entered by him in his Cash Register (Reg. 63) and, shall, with as little delay as possible, be paid by him into the Treasury, or court, as the case may be. The following Petty items which pass through the Amins hands but are not required to be paid into the Treasury, shall not be shown in the Amin's Cash Register but in columns 13, 14 and 15 of the Register of orders (Reg. 59) and in columns 14 to 17 of the proceedings Register (Reg. 61).
(1) Charges for maintenance of live-stock.
(2) Cost of preparing attached property for sale.
(3) Wages of labour paid through the Amin.
(4) Wages of Chainman.
The entries in column 13 of Register No. 59 shall be made when the money is remitted to the Amin, and those in columns 14 and 15 when the Amin's report is received. The entries in columns 12 and 13 of Register No. 61 shall be made by the Amin at the same time as those in columns 1 to 9 and those in columns 14 and 15 when entries are made in column 11.
The Amin may remit to the Court or Treasury small items upto a limit of Rs. 100/- at a time through a peon by whom security for that amount has been furnished. The Amin will be personally liable for loss of any sums exceeding Rs. 100/- which are remitted by him to the Treasury or Court through such peon.
428. Repayment of deposit by Amin. - Money deposited by an Amin under Rule 427 shall remain at the Treasury or Sub-Treasury in which it was deposited unless and until a repayment order is made under Rule 276 upon an application of repayment regularly made and passed. If the money has been deposited at a sub-treasury the repayment order shall be made payable at that Sub- Treasury or District Treasury, as the case may be.
CHAPTER XIX
Duties of a Munsarim
429. The Munsarim. - The Munsarim, where he is appointed, shall be the Chief Ministerial Officer of the Court. ,
Where a Munsarim is not appointed, the Reader shall be the Chief Ministerial Officer of the court and shall perform the duties prescribed for the Munsarim by any rules or orders.
During the absence of the Munsarim (or Reader) on leave or otherwise, the Presiding Officer may appoint any official of his court to perform the duties of the Munsarim.
430. Date of representation to be noted on papers. - A Munsarim appointed to receive plaints or other papers under the Code shall see that the actual date and time of presentation is entered upon the plaint memorandum of appeal, cross-objection or any other paper filed and also upon the labels on such papers.
431. Duties of Munsarim. - The duties of the Munsarim includes:-
(1) the duties assigned by the Code to the Chief Ministerial Officers of a court,
(2) the duties for the performance of which he is appointed by the Court under the provisions of the code, or otherwise;
(3) if the Court appoints him in the behalf to sign routine orders, summonses and notices which the Presiding Officer is not himself required to sign under any law or order in force;
(4) to see that such accounts, and statements as are by any law or order requires to be exhibited and filed in due time and form and to take the orders or the court thereon;
(5) to keep up such books and registers and to perform such duties as he is expressly required to do by any Rule or Order of the High Court;
(6) to arrange for the preparation and due submission of periodical returns and statements, to draft letters; and to carry out orders contained in precepts of the High Court as to issue of notices and transmission of records;
(7) under the orders of the Court, to assign to his subordinates, the duties to be performed by each;
(8) generally to supervise the working of the office in all departments; and
(9) to maintain a register of attendance of all the ministerial officials under his control.
432. Delegation of duty. - No duty the performance of which is specifically imposed by the Legislature upon the court itself, shall be delegated to the Munsarim or any other officer.
CHAPTER XX
Security by Civil Court Officials
433. Security to be taken from certain officials. - Every Nazir, Civil Court's Process-server, Amins peon, or other Ministerial official employed in Civil Court, who by reasons of his office is entrusted with the receipt, custody or control of moneys, securities for money or other property, shall give security in the prescribed form (F. 33) or in fidelity Bond issued by any recognized Insurance Company in such an amount for the due discharge of the trust of his office and for the due amount of all moneys, securities for money or other property which shall come into his possession by reason of his office as shall be equal to the maximum amount which he ordinarily has in his hands at any one time. The District Judge, subjects to the control of the High Court shall use his discretion in calculating this amount and shall be responsible for seeing that the sum left in the hands of any of his subordinate is not more than the amount of security taken from such subordinate.
Security shall in no case be dispensed with except where exemption may be made under special or general orders of Government, exemption cannot be sought on the ground that a person is an apprentice, outsider or other temporary incumbent, and he shall be required to furnish security or execute a personal bond as may be necessary under the rules.
434. Nature of Security. - The rules hereinafter appearing are made for the guidance of District Judges.
Attention must also be paid to secure that the proper forms of securities or bonds are used.
Fixed deposit receipts of banks accepted as security must be issued in the name of Government. In such case, a clause must also be inserted in the depositor's security bond to the effect that Government will held the fixed deposit receipt at the depositors' risk and will not be liable to the depositor in the event or loss of the security due to failure of the bank or any other cause, and that if the security is lost, the loss will fall on the depositor who must furnish fresh security forthwith.
435. Officiating incumbents of above posts. - A leave vacancy of any official mentioned in Rule 433 shall as far as possible, be filled up by an official who has already furnished security in his former office or a reserve of men who have furnished securities for these appointments. The District Judge shall arrange to maintain list of such officials and their securities must be scrutinized annually.
436. Verification of security. - The value and adequacy of a security shall be verified as soon as it is furnished. If the verification is likely to take time and appointment or promotion cannot be delayed, a personal bond with sureties, shall be obtained, but the same shall be discharged when the original security has been finally verified.
437. Custody of Security Bond. - All security bond and all securities shall be kept in safe custody in accordance with the provisions contained in the General Financial and Account Rules (Vide Rule 412).
438. Register of Securities. - District Judges shall keep up Register of Securities (Reg. 79) which shall be kept with the bonds in the Treasury of the headquarters of the District Judge and shall note in general terms without details in their annual report on the administration of Civil Justice that this has been done. District Judge will be held personally responsible if loss is suffered in consequence of the neglect of these orders. The Register should contain full particulars as to the pecuniary responsibility of the public accountant and his sureties and the nature and value of the security offered.
439. Retention of Security. - In order to provide against cases in which discovery may be made, after the official has vacated his office, of defalcations made prior to such vacation of office, the security deposited by him shall be retained by the District Judge for 6 months after the official has vacated his office.
440. Annual inquiry into sufficiency of security. - In the first week of each calendar year the Presiding Officer of each court shall inquire into the sufficiency of security given by each public accountant in his office, and where it appears to have deteriorated from any cause will require fresh or additional security to be given.
A mortgagee security may be considered sufficient if it is a first mortgage of immovable property situate in India; provided that the property be not a lease hold for a term of years, and that the value of the property exceeds by one third the amount secured.
When there has been no mutation of ownership or sensible depreciation of the property pledged, it will be unnecessary to renew the security bond. A note of the result of the verification should be made in the register.
CHAPTER XXI
Legal Practitioners
441. Every pleader or Vakeel practicing as such immediately before the date on which Chapter IV of the Advocates Act (Act No. XXV of 1961) had come into force, shall notwithstanding the repeal by the said Act of the relevant provisions of the Law or Rules, as the case may be, under which they were enrolled, continue to enjoy the same rights, as respect practice in any Court or Revenue Office or before any authority or person as respect the renewal of sanad etc. and be subject to the disciplinary jurisdiction of the same authority which he enjoyed or as the case may be, to which he was subject immediately before the said date and accordingly the relevant provisions of the Act or law or Rules aforesaid shall have effect in relation to such persons as if they have not been repealed.
Note.-It is hereby clarified that provisions contained in Rules 534 to 562 of the repealed General Rules (Civil) as amended from time to time shall continue to apply to pleaders enrolled order any Act or Law or Rules in force prior to the enactment of Advocates Act, 1961 (Act No. XXV of 1961).
Fees of Legal Practitioner
442. Taxation in decree of Legal Practitioner's fees and the certificate for such fees. - (1) In drawing up a decree or order no fee to any legal practitioner not appearing for the Government as a party shall be allowed on taxation between party and party or shall be included in any decree or order, unless the Munsarim or on application to the Judge, the Judge is satisfied that the fee was paid to such legal practitioner before the conclusion of arguments in the suit, appeal or case followed by the delivery of the judgment or by the making of the order by which costs become payable and unless at or before such lime there shall have been delivered to the Munsarim a certificate signed by the legal practitioner certifying the amount of the fee or fees actually paid to him for his own exclusive use and benefit by or on behalf of his client:
Provided that in any case the Presiding Officer may, for valid reasons be recorded by him accept a certificate for fees filed after the time mentioned above.
(2) The certificate above mentioned shall be, so far as is possible, in the following form:-
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"In the Court of the |
of |
|
|
Between |
and |
For the purpose of having my fee allowed on taxations as against ................I hereby certify that in the above case the following fees were paid to me as my fee as well as that of on the dates and by the person specified below and that such fees were paid before the conclusion of arguments in the suit, application or other proceedings and that no portion thereof has been agreed to be returned or remitted by me or by any one on my behalf or on behalf of who was associated with me in the case.
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Date of Payment |
Amount paid |
Name of the person who actually made the payment |
Name of the person on whose behalf the payment was made |
Remarks |
|
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Date ..............
Signature of the Counsel
Filed on the day .......of, 19.
(3) Nothing in this rule shall be deemed to authorise the allowance between party and party of any fees in excess of those allowed by rule.
443. Conditions governing taxation of lawyer's fee. - Rules 445 to 458 inclusive shall, subject to Rule 442, regulate the amount of legal practitioner's fee to be taxed as costs under a decree or order of a Court in favour of any party to a suit, appeal, or other proceeding. These rules shall also regulate the amount of fees to be taxed in favour of or 'against the government where costs are awarded by the Court in cases, under Rajasthan Court Fees and Suit Valuation Act, 1961, and the Stamp Act, 1899, as adapted to Rajasthan in which the Government are not a party:
Provided that the fee received by a legal practitioner from a Joint Hindu Family of which he is a member for appearance in a case shall not be certified by him, nor shall it be taxed as costs in the decree.
444. Right to handover briefs. - A legal practitioner when unable personally to attend to a case in which he is briefed may hand over the brief to another legal practitioner without the letter filing a vakalatnama and the fees, to whomsoever, paid, shall, if duly certified, be taxable costs.
445. Fees allowed in contested cases. - In suits, or in appeal from original or appellate decrees in suits for money, effects or other personal property or for land off other immovable property of any description when such suits or appeals are decided on the merits after contest:-
(1) if the amount or value of the claim does does not exceed Rs. 5,000/- 10 percent;
(2) if the amount of value exceeds Rs. 5,000/- and does not exceed Rs 20,000/- on Rs. 5000/- as above, and on the remainder 5 per cent;
(3) if the amount or value exceed Rs. 20,000/- and does not exceed Rs. 50,000/- on Rs. 20,000/- as above and on the remainder 2 per cent;
(4) if the amount or value exceeds Rs. 50000/- on Rs. 50,000/- as above and on any amount in excess thereof at 1 per cent.
Cases under the Land Acquisition Act and contested cases under the Probated and Administration Act shall be treated as regular suits or appeals, governed by the above scale of fees:
Provided that in a reference to a civil court under the Rajasthan Land Acquisition Act, 1953, fees shall be calculated on the amount decreed in excess of the amount allowed by the Collector.
Provided further that in suits for money, effects or other personal property, the minimum fee to be allowed on taxation shall be Rs. 15/- and in other suits Rs. 25/-.
446. Fees in ex-parte or similar cases. - When such suits or appeals are decided ex-parte, admission or compromised, withdrawn or dismissed for default or when an appeal is rejected under Order XLI, Rule 10 of the Code,-
(1) if the amount or value of the claim does does not exceed Rs. 5,000/- not exceeding 5 percent;
(2) if the amount of value exceeds Rs. 5,000/- and does not exceed Rs 20,000/- on Rs. 5000/- as above, and on the remainder not exceeding 2 ½ per cent;
(3) if the amount or value exceed Rs. 20,000/- and does not exceed Rs. 50,000/- on Rs. 20,000/- as above and on the remainder not exceeding 1 per cent;
(4) if the amount or value exceeds Rs. 50000/- on Rs. 50,000/- as above and on any amount in excess thereof at the rate of ½ per cent subject to maximum fee of Rs. 1250/-:
Provided that in an uncontested reference to a civil court under the Rajasthan Land Acquisition Act, 1953, the scale of fee shall be one half of that allowed in a contested reference, calculated on the amount decreed in excess of the amount allowed by the Collector:
Provided further that in suit, or appeals compromised or withdrawn, a court may, having regard to the stage at which the compromise or the petition of withdrawal is filed, award the full fee as prescribed in the Rule 445 supra.
447. Fees in certain application. - In application under Sections 14 and 20 of the Indian Arbitration Act, 1940 (Act No. X of 1940).-
(1) if the amount or value of the claim does does not exceed Rs. 5,000/- not exceeding 5 percent.
(2) if the amount of value exceeds Rs. 5,000/- and docs not exceed Rs 20,000/- on Rs. 5000/- as above, and on the remainder not exceeding 2½ per cent.
(3) if the amount or value exceed Rs. 20,000/- and does not exceed Rs. 50,000/- on Rs. 20,000/- as above and on the remainder not exceeding 1 percent;
(4) if the amount or value exceeds Rs. 50000/- on Rs. 50,000/- as above and on any amount in excess thereof at the rate of 1 ½ per cent subject to maximum fee of Rs. 1250/-;
448. Fees in inquiries into pauperism. - In an inquiry into the means of indigent person under Order XXXIII and XLIV of the Code, the fee payable to a Government pleader who has opposed an application for leave to sue as a Rampet or has applied for the dispaupering of the plaintiff shall be as a pauper, twenty percentum on the amount of the Court-fee that would be payable on the plaint if the suit was not brought by a person alleging pauperism:
Provided that no fee in excess of Rs. 150/- shall be payable under this rule.
A Government pleader who appears in the proceeding for the execution of a decree without having appeared in Court in the proceedings prior to decree, is entitled to the fee prescribed in the first part of this rule.
449. Fees in certain appeals and in Miscellaneous cases. - In Miscellaneous Judicial cases and in appeals, if any, from orders passed therein:-
(i) if the amount or value of the claim does does not exceed Rs. 5,000/- 2½ per cent;
(ii) if the amount of value of the claim exceeds Rs. 5,000/- and does not exceed Rs 20,000/- on Rs. 5000/- as above, and on the remainder 1 ¼ per cent;
(iii) if the amount or value exceeds Rs. 20,000/- and does not exceed Rs. 50,000/- on Rs. 20,000/- as above, and on the remainder ½ per cent;
(iv) if the amount or value exceeds Rs. 50000/- on Rs. 50,000/- as above and on any amount in excess thereof at ¼ per cent subject to maximum fee of Rs. 750/-.
450. More fees taxable in special cases. - In addition to the fee awarded under the preceding rules, the Court may in any case in which it considers that the employment of more than one legal practitioner was necessary and in which both a senior and a junior practitioner have been employed, award to the junior a fee not exceeding one third of the amount allowable under the preceding rule.
451. Explanation of amount of claim. - The words "the amount or value of the claims" in Rules 445, 446, 447 and 449 mean the value for purposes of jurisdiction as set forth in the plaint application or memorandum of appeal.
452. Fractions of rupee in amount of claim not allowed for calculating fees. - Fractions of a rupee in the amount or value of a claim shall be rejected in calculating the fee payable thereupon.
453. Court's discretion in taxing fees. - Notwithstanding the provisions of Rules 445, 446, 447, 448 and 449, a court may, in any case, for special reason to be recorded in the judgment award a higher or a lower fee than that therein prescribed.
454. Fees in cases not admitting of valuation. - In cases in which the subject matter of the claim does not admit of valuation, the court shall fix a reasonable fee, regard being had to the time occupied in the decision of the case and the nature of the question raised therein.
455. Fees in cases of common defence. - If several defendants who have a joint or common interests succeed upon a joint defence or upon separate defenses substantially the same, more than one fee shall not be allowed unless the court shall otherwise, order for a reason which shall be recorded in the judgment. If only one fee be allowed, the court shall direct to which of the defendants it shall be paid, or shall apportion it among the several defendants in such manner as the court shall think fit.
456. Fees in cases of separate defense. - If several defendants who have separate interests, set up separate and distinct defenses and succeed thereon a fee for one legal practitioner for each of the defendant who shall appear by a separate legal practitioner may be allowed in respect of his separate interest. Such fee, if allowed, shall be calculated with reference to the value of the separate interest of such defendant in the manner hereinbefore prescribed.
457. Cost of Stamp or Vakalatnama in above cases. - For each fee allowed under the two last preceding rules, the value of the stamp on one vakalatnama only shall be awarded as costs.
458. Taxing of scribing charges. - (1) In all decrees a fee equal to ¼ of the amount of process fees realised under articles 1 and 2 of part I and II of Rule 297 of these rules, shall be entered as the fee chargeable by one party against another for costs of drawing up summonses or notices.
(2) In all decrees a sum calculated at the rate of not more than 10% on the taken fee of a lawyer of a party subject to a maximum of Rs. 100/- and a minimum of Rs. 5/- shall be taxed as costs on account of the fee of lawyer's clerk if it is paid certified.
CHAPTER XXII
Lawyer's Clerks
459. Acts to be done by registered clerks. - The Court shall allow the registered clerks of lawyers practicing before them-
(1) to present applications signed by their masters for-
(a) copies,
(b) return of documents,
(c) repayment of deposits,
(d) inspection, and
(e) all applications of a routine nature.
(2) to take delivery of copies;
(3) to tender money;
(4) to identify persons verifying affidavits before the Munsarim;
(5) to take notes from the Memorandum Book of Dates.
460. Names of the clerks to be registered with the Presiding Officer of Courts. - All practicing lawyers who wish their clerks to do the above acts must register them with the Presiding Officer of the Court giving their full names, parentage, caste and address. These will be entered in a register (Reg. 80) to be maintained by the Court.
461. In case of several Courts, the clerks to be registered in the senior most Court. - When several Civil Courts are located at the same place, the clerk need only be registered in the senior most court whose register shall be circulated to all the subordinate civil courts every quarter for their information.
462. Changes in the registered clerks to be duly notified. - All changes in their registered clerk must be duly notified by practicing lawyers. No unregistered clerk will be allowed to act on behalf of his master.
All changes duly notified will be entered in the register of clerks.
463. Powers of the District Judge or the Presiding Officer of a Court. - The District Judge (or the Presiding Officer of any other Court, subject to the control of the District Judge) may remove from the register, the name of any clerk guilty of any misconduct such as to unfit him for the exercise of such duties or convicted of any offence involving moral turpitude.
464. Clerks not be inspect records. - Clerks will not be allowed to inspect records.
465. Restrictions as to the persons who may be employed as clerks. - No restriction of any sort can be placed on members of the Bar as to the persons whom they may employ as Clerks, but the District Judge (or the Presiding Officer of any other Court, subject to the control of the District Judge), may in the exercise of his discretion refuse to register a person whose name has once been struck off for misconduct or who has been convicted of any offence involving moral turpitude.
CHAPTER XXIII
Petition Writers
466. Persons who cannot be petition writers. - No official of any Court and no person employed in any institution connected with the court whether as Clerks, Copyist or peon or in any other capacity shall write petitions.
467. Persons who can write petitions. - No person shall for remuneration of any kind write petitions for presentation in any Civil Court unless, he-
(a) holds a licence issued by the District Judge; or
(b) is a legal practitioner; or
(c) is a clerk to a legal practitioner and writes the petition in the course of such employment in respect of the cases in which the legal practitioner is engaged provided the petition is signed by the latter.
468. Number of petition writers to be fixed by the High Court for every place. - The number of petition writers licensed to practice at any place shall not exceed the number fixed from time to time by the High Court.
Pending any further orders under this rule, the number of petition writers licensed to practice at any place, at the commencement of these rules, shall be deemed to be the number fixed for that place.
469. Who can grant a license to practice. - A license to practice shall be given only by the District Judge.
470. Grant of a license and fee therefor. - A person wishing to practice as a petition writer within the precincts of the Civil Courts must present a petition bearing a proper court-fee stamp to the District Judge.
Every petition writer licensed under these rules shall pay a fee of Rs. 15/- per year payable in advance. The license, if granted, shall be in the prescribed form (F. 34).
471. Qualification for a license. - License shall not be given unless the applicant shows:-
(a) that he is of respectable character;
(b) that he has a good knowledge of Hindi and can draw up a clear straight forward petition or memorandum of appeal in Hindi;
(c) that his handwriting is easily legible.
472. A person who is a member of a Panchayat shall not practice as a petition writer in any court within the jurisdiction of which the Panchayat is situated.
473. Scales of charges for writing petitions. - The District Judge in consultation with the two senior most Judicial Officers at his headquarters and the President of the local Bar Association shall fix scales of charges for writing petitions, plaints and memoranda of appeals, which shall also be applicable in the case of petition writers practicing in the Civil Court of the outlying Districts.
A copy of the scale of charges fixed shall be sent by the District Judge to the High Court for information.
No petition-writer shall ask for or accept a fee in excess of the sanctioned scale.
A table in Hindi of the prescribed scale of charges shall be exhibited in a conspicuous place out side the court house and a copy shall also be kept by the petition-writer always in public view at the place where he sits.
The petition writer shall always endorse the amount actually received by him below his signature on the petition written by him.
If any petition-writer ask or accepts a fee in excess of the sanctioned scale either for himself or for any other person connected with the court, the District Judge on complaint being made to him may, in his discretion withdraw his license and may also order the return of the amount received in excess in addition to taking any legal step that the nature of the case may require.
474. Formalities to be complied with by a petition writer. - Every petition-writer shall write out a brief note of the contents of the petition as a head note to the same quoting specially the law, section or rule under which the petition is made. He must record precisely what he is asked to write in plain and simple language such as the petitioner can understand and refrain from introducing additional irrelevant, imaginary or fabricated matter of his own conception. He shall record at the foot of every petition written by him other than a petition of a merely formal character, a declaration under his signature that to the best of his knowledge or belief the petition expressed the true meaning or the petitioner to whom the contents thereof have been fully explained.
475. Amending or redrafting of a petition. - Every petition-writer shall comply with the order of a court as to the amending or the redrafting of a petition or other drawn up by him.
476. A petition-writer to keep an official seal and a register of petitions. -Every petition-writer shall at his own expense provide himself with an official seal to be made under the direction of the court which has granted him the license, on which shall be engraved his name and the year in which was licensed. He shall also keep up a register in the prescribed form (Reg. 81) and shall enter therein every petition written by him shall produce the register for the inspection of any court demanding it.
477. Every petition to be signed and sealed by the petition-writer. - Every petition-writer shall sign and seal with his official seal every petition written by him and shall enter in it, the number which it bears in his register and the fee which has been charged.
478. The Nazir to maintain a register of licensed petition-writer and to disallow unregistered petition-writers to write petitions. - A register in the prescribed form (Reg. 82) of licensed petition writer shall be maintained by the Nazir and shall be his duty to see that the precincts of the Court are kept free of all unregistered writers and that no one writes petitions for remuneration within the court compound.
479. Yearly production of licence for the inspection of the Court. - Every petition writer shall in the month of August each year produce his licence for the inspection of the court which granted it. A note of such inspection shall be endorsed on the licence under the signatures of the Presiding Officer.
480. Grounds for revoking a licence. - (1) A licence issued under these rules may be revoked by the Court which granted it on any of the following grounds:-
(a) that the petition-writer has not attended the court regularly,
(b) that the petition-writer has become legal practitioners clerk, or has taken up some other employment,
(c) that the petition-writer has failed to produce his licence for the annual inspection of the court as required by Rule 479,
(d) that the petition-writer is a tout, as defined in Legal Practitioners Act, 1879 (Act XVIII of 1879),
(e) that the petition-writer has not paid his annual fee,
(f) that the petition-writer has been found guilty of abatement of or participation in any illegal transaction or unfair dealings,
(g) that the petition-writer has been found guilty of disobedience of a lawful order,
(h) or for any Other good cause to be recorded.
(2) No appeals shall be form any order passed by a court under sub-rule (1), but the High Court may in its discretion revise any such order and in place thereof pass such order as it thinks fit.
481. A petition writer not to enter any room in a court. - No petition writer shall without the permission of the Presiding Officer, enter any room in court in the precinct of which he is entitled to practice.
482. Penalty for practicing as a petition writer without a licence. - Any person who practices as a petition writer without obtaining a licence under these rules, or while the license is suspended, every petition writer who practices as such without getting his licence renewed, shall liable to a penalty not exceeding fifty rupees.
483. Imposition of penalty. - The penalty prescribed by Rule 482 may be imposed by the court authorised to grant the licence but no penalty shall be inflicted unless the person charged has had an opportunity of defending himself.
No appeals shall lie, from any order passed by a court under sub-rule (1) but, the High Court may, in its discretion revise any such order and in its place pass such order as it thinks fit.
484. Grant of leave of absence to a petition writer. - Senior most judicial officer at any place may grant leave of absence for any period to a petition writer of his Court and may grant not exceeding for more than one month a temporary licence to any competent person of good character to act as petition writer during such absence or for such period thereof as he may deem necessary.
485. Cancellation of existing rules and regulations. - Notwithstanding anything contained in Rule 3, licenses issued under the repealed rules shall be deemed to have been issued under these rules and shall remain effective till the end of the current year.
CHAPTER XXIV
Inspection of Offices
486. Inspection of Sub-ordinate Courts by District Judges. - Every District Judge shall inspect his Subordinate Courts and offices and also his own office at least once a year.
Note 1.-Instruction for such inspection are given in appendix I,
Note 2.-The Court looks to the District Judges for correct information about subordinate Judicial officers 'ability' control over judicial work, and control over their officers.
Report of such inspection shall be sent to the High Court.
487. Inspection by Judicial Officers of their offices. - Every Judicial Officer shall inspect his office effectively in every branch at least twice a year.
488. Inspection of common offices. - Every Judicial Officer appointed as Officer-in-Charge of a department under thee District Judge shall make surprise inspection of such department at least twice a year and shall send the report of such inspection to the District Judge.
489. Munsarim's authority to inspect his office. - Every Munsarim of a Court shall inspect the work of the staff attached to the Court at least once a quarter. He shall report the result of his inspection to the presiding Officers as soon as possible after the inspection.
CHAPTER XXV
Miscellaneous
490. Courts shall see the following instructions for the dress of Military Officers, Soldiers or Police Officers before a Civil Court are observed:-
(1) An Officer of Military or Soldier or Police Officer required to attend a Court in his official capacity should appear in uniform. Attendance in an official capacity, includes attendance:-
(a) as witnesses, when evidence has to be given of matters which come under the cognizance of the officer or soldier in his official capacity;
(b) by an officer for the purpose of watching case on behalf of Soldier or Soldiers under his command;
(2) A Military Officer, Soldier or Police Officer required to attend a court otherwise than in his official capacity may appear in either in plain clothes or uniform.
(3) An Officer or Soldier shall not wear his sword or side arms if he appears in the character of an accused person or under military arrest or if the Presiding Officer of the court think it necessary to require the surrender of his arms, in which case a statement of the reason for making the order shall be recorded by the Presiding Officer and, if the military authorities so request forwarded for the information to the Commander-in-chief.
(4) Fire arms shall under no circumstances be taken into court.
(5) An officer with a European style head dress will remove the same while the Judge is present, except when he is on duty under arms with a party or escort inside the Court.
[491. Court dress for officers and lawyers. -The following distinctive costume shall be worn by Presiding Officers of the Civil Courts and by Advocates and pleaders practicing in such Courts:-
Black Coat (Buttoned up or of open collar) or achkan with bands; with a black coat, white shirt and white/black/gray/black and white striped trousers and with the achken, a churidar pajama or white/black/gray/black and white striped trousers shall be worn. The lady Presiding Officers and lady Advocates appearing before the Civil Courts shall wear a white saree without border or with sobar border and white Blouse or white Salwar Kurta alongwith open neck or open collar black coat with white bands.]
492. Report of casualty among judicial officers. - Senior-most judicial officers shall report to the High court, without delay, any casualty that may occur among gazetted judicial officer subordinate to him.
493. Prohibition against becoming Arbitrator. - No judicial officer or ministerial official of a Civil Court shall accept the office of arbitrator in any civil action without the permission of the High court in the case of a Judge, and of the District Judge in the case of a ministerial official being first obtained. In any application for such permission the circumstances of the case and the names of the parties shall be stated, and the special reasons which may have led the officer to entertain a request for his services as an arbitrator shall be specified.
494. Obligations of public officers. - Every District Judge shall, so far as possible, check any departure by any subordinate judicial officer from the rules as to public officers issued by the Government from time to time.
495. Permission to leave district. - Subject to any general instructions by the High Court no District and Sessions Judge shall leave his district without the prior permission of the High Court.
496. Permission to subordinate officers to leave district. - Subject to any general instructions from the High Court no Presiding Officers of any court other than District Judge shall leave the headquarter without the prior permission of the District Judge, any breach of this rule shall be reported to the High Court by the District Judge.
497. Channel of correspondence for judicial officers. - Every communication made to the High Court by a judicial officer under the administrative control of the District Judge, whether it be an application regarding leave, transfer promotion or any other matter, shall be made through the District Judge and not otherwise.
498. Application for leave. - On forwarding to the High Court an application by himself or by a Judge under his administrative control for leave of absence for a period exceeding one month, the District Judge shall submit a statement in the prescribed form (Ret. 41) of the business pending in the court of the officer applying for leave and shall expressly state whether or not he considers that an acting appointment should be made.
499. Contents of application for leave. - Judicial Officers, when applying for leave other than casual leave shall state in their applications whether or not they were prevented for availing themselves of any, and if so, of what portion of the three previous vacations, by reason of having to remain at their post on duty.
500. Information about casual leave of transferred officers. - When a Judge of the Court of Small Causes, a Civil Judge or a Munsif is transferred from the jurisdiction of one District Judge to the jurisdiction of another district Judge the District Judge from whose jurisdiction he is transferred shall transmit to the Judge of the district to which he is transferred a copy of the register (Ret. 42) for the then calendar year, so far it relates to the casual leave taken by such Judge or Munsif. The District Judge to whose jurisdiction he is transferred shall cause such extract to be copied into his register of casual leave.
501. Annual Examination of safes. - Every District Judge shall examine annually all safes kept in his office and offices subordinate to him.
Where duplicate keys of a safe exists shall note whether one of such duplicate keys is made over to the Treasury Officer for custody. He shall also note whether the safes are in good and sound condition.
502. Custody of duplicate keys of safes. - Where duplicate keys of a safe exist the duplicate key or keys shall be sent to the nearest Treasury Office for safe custody. The key before being sent to Treasury should have a strong cloth label and be inscribed with particulars showing of which safe it is the key. When the key of a particular safe is missing, the District Judge will send for the duplicate kept in the Treasury and make immediate report of loss to the Registrar, High Court with particulars available regarding the loss.
503. Disposal of weeded documents and papers. - All weeded documents and papers shall be disposed of as follows:-
(1) Confidential papers including notes and orders on administrative matters shall be torn into very small pieces, thoroughly mixed to prevent the possibility of re-assembly, under the personal supervision of a responsible officer, and thereafter sold as waste paper. Stamps and court fee labels should, however, be torn to pieces and burnt in the presence of the Record-keeper.
(2) All the original documents and papers forming parts of records as also certified copies of such documents and papers shall be torn across and then sold as waste paper to the best advantage.
(3) Papers not covered by clauses (1) and (2) and the accumulation of waste paper baskets shall be sold as waste paper without being torn at all.
To ensure that the best price is being obtained for the paper, inquiries should be made as to the prices obtainable in neighbouring districts.
504. Rules relating to fire in buildings. - Rules for providing against the occurrence of fire in court buildings and for additions or alterations to existing buildings shall not be made to the Department of Public Works, except through the Registrar of the High Court. When petty repairs have become necessary in any court house by reason of heavy rain or other cause, the Presiding Officer of the court shall send immediate intimation of such necessity to the District Judge.
505. Application for building or additions or alterations to buildings. - Application for new buildings and for additions or alterations to existing buildings shall not be made to the Department of Public Works, except through the Registrar of the High Court. When petty repairs have become necessary in any court house by reason of heavy rain or other cause, the Presiding Officer of the court shall send immediate intimation of such necessity to the District Judge.
506. Gratification prohibited (Notice). - A notice in English and Hindi in the prescribed form (F. 35) prohibiting the practice of soliciting, giving or receiving gratification in connection with cases shall under the signatures of the Presiding Officer of each court be hung up on a board conspicuously in even' court and office room, and the Munsarim or the Reader, as the case may be, shall be held responsible that the notices are preserved and kept in the proper places.
507. Application by clerical staff for leave. - An application for leave by a ministerial officer shall ordinarily be submitted to the Presiding Officer through the Munsarim or the Reader as the case may be, who shall hand it on with such report as may be necessary as to the leave available to the applicant and the arrangement for his work in his absence, etc.
508. Casual leave. - Application for casual leave by a District and Sessions Judge shall be submitted to the High Court.
Casual leave up to fifteen days in the year and not more than ten days at a time may be allowed to any judicial officer working in a district by the District Judge of that district:
Provided that casual leave to the Presiding Officer of a court located at the headquarters of the Additional District Judge in an outlying district may be allowed as above by the Additional District Judge under intimation to the District Judge.
Sundays and gazetted holidays which immediately precedes a period of casual leave or come at the end, thereof may be prefixed or suffixed to such leave and those falling within the period of such leave will not be counted as part of the casual leave.
Presiding officers may allow casual leave to their staff as above.
509. Proceedings under the Indian Companies Act in subordinate courts. - When any proceedings in the form of a suit or application under the Indian Companies Act (No. 1 of 1956), are started in a court subordinate to the High Court, in relation to any company proceedings in High Court, a copy of the plaint or application shall be sent at once to the Registrar of the High Court.
510. Stock book. - All articles of furniture and stock (excepting books and articles of stationery) for which special registers are prescribed, shall be entered in the Stock Register (Reg. 83) prescribed for the purpose.
511. Court seals. - A court seal is supplied to each District Judge and each Civil Court subordinate to him. The approved dimensions of seals are given in Appendix-H.
512. Use and custody a seal. - Each court shall use its own seal which shall remain in the custody of the Munsarim or the Reader as the case may be or under supervision of either of them as the case may be or with an official appointed for this purpose by the Presiding Officer. The seals of additional courts, when such courts cease to exist shall be kept in safe custody by the Munsarim of the District Court.
513. Responsibility for custody of seal. - The Munsarim or the Reader as the case may be, of every court shall be responsible for the safe custody and proper use of endorsement and other seals used in the various departments.
514. Officer's certificate of reading. - Every judicial officer on his first appointment shall within 3 months next of his posting certify to the District Judge that he has read the General Rules (Civil), 1986.
515. Upkeep of the book of General Rules (Civil). - The Munsarim or the Reader, as the case may be, of every court shall be responsible that the copy of General Rules (Civil), 1986, in that court is kept up-to-date with all amendments noted in the appropriate places and all amendment slips correctly pasted and noted in the table of amendments at the end of this Volume.
Vol. II
Appendices
Appendix-'A'
List Showing Territorial Limits and Places of Sitting of Permanent Civil Courts in Rajasthan as on 31-03-2011
Part I
District and Sessions Judges
|
S. No. |
Title |
Territorial Limits of Jurisdiction |
Place of Sitting |
|
1 |
2 |
3 |
4 |
|
1. |
District and Sessions Judge,Ajmer |
Ajmer District |
Ajmer |
|
2. |
District and Sessions Judge,Alwar |
Alwar District |
Alwar |
|
3. |
District and Sessions Judge,Balotra |
Barmer District |
Balotra |
|
4. |
District and Sessions Judge,Banswara |
Banswara District |
Banswara |
|
5. |
District and Sessions Judge,Baran |
Baran District |
Baran |
|
6. |
District and Sessions Judge,Bharatpur |
Bharatpur District |
Bharatpur |
|
7. |
District and Sessions Judge,Bhilwara |
Bhilwara District |
Bhilwara |
|
8. |
District and Sessions Judge, Bikaner |
Bikaner District |
Bikaner |
|
9. |
District and Sessions Judge,Bundi |
Bundi District |
Bundi |
|
10. |
District and Sessions Judge, Chittorgarh |
Chittorgarh District |
Chittorgarh |
|
11. |
District and Sessions Judge, Churu |
Churu District |
Churu |
|
12. |
District and Sessions Judge, Dausa |
Dausa District |
Dausa |
|
13. |
District and Sessions Judge, Dholpur |
Dholpur District |
Dholpur |
|
14. |
District and Sessions Judge, Dungarpur |
Dungarpur District |
Dungarpur |
|
15. |
District and Sessions Judge, Ganganagar |
Ganganagar District |
Ganganagar |
|
16. |
District and Sessions Judge, Hanumangarh |
Hanumangarh District |
Hanumangarh |
|
17. |
District and Sessions Judge, Jaipur Metropolitan |
Jaipur Metropolitan |
Jaipur |
|
18. |
District and Sessions Judge, Jaipur District |
Jaipur District excluding the Jaipur Metropolitan Area |
Jaipur |
|
19. |
District and Sessions Judge, Jaisalmer |
Jaisalmer District |
Jaisalmer |
|
20. |
District and Sessions Judge, Jalore |
Jalore District |
Jalore |
|
21. |
District and Sessions Judge, Jhalawar |
Jhalawar District |
Jhalawar |
|
22. |
District and Sessions Judge, Jhunjhunu |
Jhunjhunu District |
Jhunjhunu |
|
23. |
District and Sessions Judge, Jodhpur Metropolitan |
Jodhpur Metropolitan |
Jodhpur |
|
24. |
District and Sessions Judge, Jodhpur District |
Jodhpur District except Jodhpur Metropolitan Area |
Jodhpur |
|
25. |
District and Sessions Judge, Karauli |
Karauli District |
Karauli |
|
26. |
District and Sessions Judge, Kota |
Kota District |
Kota |
|
27. |
District and Sessions Judge, Merta |
Nagaur District |
Merta |
|
28. |
District and Sessions Judge, Pali |
Pali District |
Pali |
|
29. |
District and Sessions Judge, Pratapgarh |
Pratapgarh District |
Pratapgarh |
|
30. |
District and Sessions Judge, Rajsamand |
Rajsamand District |
Rajsamand |
|
31. |
District and Sessions Judge, Sawai Madhopur |
Sawai Madhopur District |
Sawai Madhopur |
|
32. |
District and Sessions Judge, Sikar |
Sikar District |
Sikar |
|
33. |
District and Sessions Judge, Sirohi |
Sirohi District |
Sirohi |
|
34. |
District and Sessions Judge, Tonk |
Tonk District |
Tonk |
|
35. |
District and Sessions Judge, Udaipur |
Udaipur District |
Udaipur |
District Consumer Protection Forum Courts
|
S. No. |
Title |
Place of Sitting |
|
1 |
2 |
4 |
|
1. |
Chairman, District Consumer Protection Forum, Ajmer |
Ajmer |
|
2. |
President, District Consumer Protection Forum, Alwar |
Alwar |
|
3. |
President, District Consumer Protection Forum, Barmar |
Barmar |
|
4. |
President, District Consumer Protection Forum, Banswara |
Banswara |
|
5. |
President, District Consumer Protection Forum, Baran |
Baran |
|
6. |
President, District Consumer Protection Forum, Bharatpur |
Bharatpur |
|
7. |
President, District Consumer Protection Forum, Bhilwara |
Bhilwara |
|
8. |
Chairman, District Consumer Protection Forum, Bikaner |
Bikaner |
|
9. |
President, District Consumer Protection Forum, Bundi |
Bundi |
|
10. |
President, District Consumer Protection Forum, Chittorgarh |
Chittorgarh |
|
11. |
President, District Consumer Protection Forum, Churu |
Churu |
|
12. |
President, District Consumer Protection Forum, Dausa |
Dausa |
|
13. |
President, District Consumer Protection Forum, Dholpur |
Dholpur |
|
14. |
President, District Consumer Protection Forum, Dungarpur |
Dungarpur |
|
15. |
Chairman, District Consumer Protection Forum, Ganganagar |
Ganganagar |
|
16. |
President, District Consumer Protection Forum, Hanumangarh |
Hanumangarh |
|
17. |
Chairman, District Consumer Protection Forum, No. 1, Jaipur |
Jaipur |
|
18. |
Chairman, District Consumer Protection Forum, No. 2, Jaipur |
Jaipur |
|
19.' |
Chairman, District Consumer Protection Forum, Jaisalmer |
Jaisalmer |
|
20. |
President, District Consumer Protection Forum, Jalore |
Jalore |
|
21. |
President, District Consumer Protection Forum, Jhalawar |
Jhalawar |
|
22. |
President, District Consumer Protection Forum, Jhunjhunu |
Jhunjhunu |
|
23. |
President, District Consumer Protection Forum, Jodhpur |
Jodhpur |
|
24. |
President, District Consumer Protection Forum, Karauli |
Karauli |
|
25. |
Chairman, District Consumer Protection Forum, Kota |
Kota |
|
26. |
President, District Consumer Protection Forum, Nagaur |
Nagaur |
|
27. |
President, District Consumer Protection Forum, Pali |
Pali |
|
28. |
President, District Consumer Protection Forum, Rajsamand |
Rajsamand |
|
29. |
President, District Consumer Protection Forum, Sawai Madhopur |
Sawai Madhopur |
|
30. |
President, District Consumer Protection Forum, Sikar |
Sikar |
|
31. |
President, District Consumer Protection Forum, Sirohi |
Sirohi |
|
32. |
President, District Consumer Protection Forum, Tonk |
Tonk |
|
33. |
Chairman, District Consumer Protection Forum, Udaipur |
Udaipur |
Special Courts
|
S. No. |
Title |
Place of Sitting |
|
1 |
2 |
4 |
|
1. |
Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Ajmer |
Ajmer |
|
2. |
Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Alwar |
Alwar |
|
3. |
Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Baran |
Baran |
|
4. |
Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Bhilwara |
Bhilwara |
|
5. |
Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Bikaner |
Bikaner |
|
6. |
Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Dausa |
Dausa |
|
7. |
Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Ganganagar |
Ganganagar |
|
8. |
Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Jaipur City |
Jaipur City |
|
9. |
Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Jhalawar |
Jhalawar |
|
10. |
Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur |
Jodhpur |
|
11. |
Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Kota |
Kota |
|
12. |
Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Merta |
Merta |
|
13. |
Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Pali |
Pali |
|
14. |
Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Pratapgarh |
Pratapgarh |
|
15. |
Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Sawai Madhopur |
Sawai Madhopur |
|
16. |
Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Tonk |
Tonk |
|
17. |
Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Udaipur |
Udaipur |
|
18. |
Judge, Special Court (Women Atrocities), Bhilwara |
Bhilwara |
|
19. |
Judge, Special Court (Women Atrocities), Ganganagar |
Ganganagar |
|
20. |
Judge, Special Court (Women Atrocities), Jaipur City |
Jaipur City |
|
21. |
Judge, Special Court (Women Atrocities), Kota |
Kota |
|
22. |
Judge, Special Court (Narcotic Drugs and Psychotropic Subtances Cases), Bhilwara |
Bhilwara |
|
23. |
Judge, Special Court (Narcotic Drugs and Psychotropic Subtances Cases), Chittorgarh |
Chittorgarh |
|
24. |
Judge, Special Court (Narcotic Drugs and Psychotropic Subtances Cases), Ganganagar |
Ganganagar |
|
25. |
Judge, Special Court (Narcotic Drugs and Psychotropic Subtances Cases), Hanumangarh |
Hanumangarh |
|
26. |
Judge, Special Court (Narcotic Drugs and Psychotropic Subtances Cases), Jaipur |
Jaipur |
|
27. |
Judge, Special Court (Narcotic Drugs and Psychotropic Subtances Cases), Jhalawar |
Jhalawar |
|
28. |
Judge, Special Court (Narcotic Drugs and Psychotropic Subtances Cases), Jodhpur |
Jodhpur |
|
29. |
Judge, Special Court (Narcotic Drugs and Psychotropic Subtances Cases), Pratapgarh |
Pratapgarh |
|
30. |
Judge, Special Court (Dacoity Affected Areas), Bharatpur |
Bharatpur |
|
31. |
Judge, Special Court (Dacoity Affected Areas), Dholpur |
Dholpur |
|
32. |
Judge, Special Court (Communal Riots), Jaipur |
Jaipur |
|
33. |
Judge, Special Court (Communal Riots), Tonk |
Tonk |
|
34. |
Judge, Special Court (Sati Nivaran), Jaipur |
Jaipur |
|
35. |
Judge, Special Court (Fake Currency Cases), Jaipur |
Jaipur |
|
36. |
Judge, Special Court (Printing and Stationery Embezzlement Cases), Jaipur |
Jaipur |
|
37. |
Special Judge (C.B.I., S.P.E. Cases), Jaipur |
Jaipur |
|
38. |
Special Judge (C.B.I., S.P.E. Cases), Jodhpur |
Jodhpur |
|
39. |
Judge, Family Court, Ajmer |
Ajmer |
|
40. |
Judge, Family Court, Jaipur No. 1 |
Jaipur No. 1 |
|
41. |
Judge, Family Court, Jaipur No. 2 |
Jaipur No. 2 |
|
42. |
Judge, Family Court, Jodhpur |
Jodhpur |
|
43. |
Judge, Family Court, Kota |
Kota |
|
44. |
Judge, Family Court, Udaipur |
Udaipur |
|
45. |
Judge, Session Court (Prevention of Anti-Corruption Act), Bikaner |
Bikaner |
|
46. |
Judge, Session Court (Prevention of Anti-Corruption Act), Jaipur |
Jaipur |
|
47. |
Judge, Session Court (Prevention of Anti-Corruption Act), Jodhpur |
Jodhpur |
|
48. |
Judge, Session Court (Prevention of Anti-Corruption Act), Kota |
Kota |
|
49. |
Judge, Session Court (Prevention of Anti-Corruption Act), Udaipur |
Udaipur |
|
50. |
Judge, Designated Court, Ajmer |
Ajmer |
|
51. |
Presiding Officer, Special Court for Essential Commodities Act Cases, Jaipur |
Jaipur |
|
52. |
Presiding Officer, Special Court for Essential Commodities Act Cases, Jodhpur |
Jodhpur |
Tribunals And Labour Courts
|
S. No. |
Title |
Place of Sitting |
|
1 |
2 |
4 |
|
1. |
Presiding Officer, Industrial Dispute Tribunal and Labour Court, Ajmer |
Ajmer |
|
2. |
Presiding Officer, Industrial Dispute Tribunal and Labour Court, Bharatpur |
Bharatpur |
|
3. |
Presiding Officer, Industrial Dispute Tribunal and Labour Court, Bhilwara |
Bhilwara |
|
4. |
Presiding Officer, Industrial Dispute Tribunal and Labour Court, Bikaner |
Bikaner |
|
5. |
Presiding Officer, Industrial Dispute Tribunal and Labour Court, Ganganagar |
Ganganagar |
|
6. |
Presiding Officer, industrial Dispute Tribunal and Labour Court, Jodhpur |
Jodhpur |
|
7. |
Presiding Officer, Industrial Dispute Tribunal and Labour Court, Kota |
Kota |
|
8. |
Presiding Officer, Industrial Dispute Tribunal and Labour Court, Udaipur |
Udaipur |
|
9. |
Judge, Industrial Tribunal, Jaipur |
Jaipur |
|
10. |
Judge, Labour Court, Jaipur No. 1 |
Jaipur No. 1 |
|
11. |
Judge, Labour Court, Jaipur No. 2 |
Jaipur No. 2 |
|
12. |
Presiding Officer, Rajasthan State Co-operative Tribunal-cum-M.A.C.T., Jaipur |
Jaipur |
|
13. |
Presiding Officer, Rajasthan Non-Government Educational Institutions Tribunal, Jaipur |
Jaipur |
|
14. |
Presiding Officer, Debt Recovery Tribunal, Jaipur |
Jaipur |
|
15. |
Member, State Transport Appellate Tribunal, Jaipur |
Jaipur |
|
16. |
Presiding Officer, Wakf Tribunal, Jaipur |
Jaipur |
|
17. |
Member, Rajasthan Civil Services Appellate Tribunal, Jaipur |
Jaipur |
Motor Accidents Claims Tribunals
|
S. No. |
Title |
Place of Sitting |
|
1 |
2 |
4 |
|
1. |
Judge, Motor Accidents Claims Tribunal, Ajmer |
Ajmer |
|
2. |
Judge, Motor Accidents Claims Tribunal, Alwar |
Alwar |
|
3. |
Judge, Motor Accidents Claims Tribunal, Bhilwara |
Bhilwara |
|
4. |
Judge, Motor Accidents Claims Tribunal, Bikaner |
Bikaner |
|
5. |
Judge, Motor Accidents Claims Tribunal, Bundi |
Bundi |
|
6. |
Judge, Motor Accidents Claims Tribunal, Chittorgarh |
Chittorgarh |
|
7. |
Judge, Motor Accidents Claims Tribunal, Jaipur |
Jaipur |
|
8. |
Presiding Officer, Co-operative Tribunal-cum-M.A.C.T., Jaipur |
Jaipur |
|
9. |
Special Judge (Essential Commodities Cases) & Motor Accidents Claims Tribunal, Jodhpur |
Jodhpur |
|
10. |
Judge, Motor Accidents Claims Tribunal, Kota |
Kota |
|
11. |
Judge, Motor Accidents Claims Tribunal, Pali |
Pali |
|
12. |
Judge, Motor Accidents Claims Tribunal, Rajsamand |
Rajsamand |
|
13. |
Judge, Motor Accidents Claims Tribunal, Sirohi |
Sirohi |
|
14. |
Judge, Motor Accidents Claims Tribunal, Udaipur |
Udaipur |
Part II
Additional District and Sessions Judges
|
S. No. |
Title |
Place of Sitting |
|
1 |
2 |
3 |
|
1. |
Additional District and Sessions Judge, No. 1, Ajmer |
Ajmer |
|
2. |
Additional District and Sessions Judge, No. 2, Ajmer |
Ajmer |
|
3. |
Additional District and Sessions Judge, No. 3, Ajmer |
Ajmer |
|
4. |
Additional District and Sessions Judge, Beawar |
Beawar |
|
5. |
Additional District and Sessions Judge, Kekari |
Kekari |
|
6. |
Additional District and Sessions Judge, Kishangarh |
Kishangarh |
|
7. |
Additional District and Sessions Judge, No. 1, Alwar |
Alwar |
|
8. |
Additional District and Sessions Judge, No. 2, Alwar |
Alwar |
|
9. |
Additional District and Sessions Judge, Behror |
Behror |
|
10. |
Additional District and Sessions Judge, No. 1, Kishangarhbas |
Kishangarhbas |
|
11. |
Additional District and Sessions Judge, No. 2, Kishangarhbas |
Kishangarhbas |
|
12. |
Additional District and Sessions Judge, Laxmangarh (Alwar) |
Laxmangarh |
|
13. |
Additional District and Sessions Judge, Rajgarh (Alwar) |
Rajgarh |
|
14. |
Additional District and Sessions Judge, Tijara (Alwar) |
Tijara |
|
15. |
Additional District and Sessions Judge, Barmer |
Barmer |
|
16. |
Additional District and Sessions Judge, Banswara |
Banswara |
|
17. |
Additional District and Sessions Judge, Baran |
Baran |
|
18. |
Additional District and Sessions Judge, Chhabra |
Chhabra |
|
19. |
Additional District and Sessions Judge, No. 1, Bharatpur |
Bharatpur |
|
20. |
Additional District and Sessions Judge, No. 2, Bharatpur |
Bharatpur |
|
21. |
Additional District and Sessions Judge, No. 1, Bayana |
Bayana |
|
22. |
Additional District and Sessions Judge, No. 2, Bayana |
Bayana |
|
23. |
Additional District and Sessions Judge, No. 1, Deeg |
Deeg |
|
24. |
Additional District and Sessions Judge, No. 2, Deeg |
Deeg |
|
25. |
Additional District and Sessions Judge, No. 1, Bhilwara |
Bhilwara |
|
26. |
Additional District and Sessions Judge, No. 2, Bhilwara |
Bhilwara |
|
27. |
Additional District and Sessions Judge, Gulabpura (Bhilwara) |
Gulabpura |
|
28. |
Additional District and Sessions Judge, Shahpura (Bhilwara) |
Shahpura |
|
29. |
Additional District and Sessions Judge, No. 1, Bikaner |
Bikaner |
|
30. |
Additional District and Sessions Judge, No. 2, Bikaner |
Bikaner |
|
31. |
Additional District and Sessions Judge, No. 1, Bundi |
Bundi |
|
32. |
Additional District and Sessions Judge, No. 2, Bundi |
Bundi |
|
33. |
Additional District and Sessions Judge, No. 1, Chittorgarh |
Chittorgarh |
|
34. |
Additional District and Sessions Judge, No. 2, Chittorgarh |
Chittorgarh |
|
35. |
Additional District and Sessions Judge, Nimbahera |
Nimbahera |
|
36. |
Additional District and Sessions Judge, Churu |
Churu |
|
37. |
Additional District and Sessions Judge, Rajgarh (Churu) |
Rajgarh |
|
38. |
Additional District and Sessions Judge, Ratangarh |
Ratangarh |
|
39. |
Additional District and Sessions Judge, Sujangarh |
Sujangarh |
|
40. |
Additional District and Sessions Judge, Bandikui |
Bandikui |
|
41. |
Additional District and Sessions Judge, Dholpur |
Dholpur |
|
42. |
Additional District and Sessions Judge, No. 1, Ganganagar |
Ganganagar |
|
43. |
Additional District and Sessions Judge, No. 2, Ganganagar |
Ganganagar |
|
44. |
Additional District and Sessions Judge, Anoopgarh |
Anoopgarh |
|
45. |
Additional District and Sessions Judge, Karanpur |
Karanpur |
|
46. |
Additional District and Sessions Judge, Raisinghnagar |
Raisinghnagar |
|
47. |
Additional District and Sessions Judge, No. 1, Hanumangarh |
Hanumangarh |
|
48. |
Additional District and Sessions Judge, Bhadra |
Bhadra |
|
49. |
Additional District and Sessions Judge, Nohar |
Nohar |
|
50. |
Additional District and Sessions Judge, Sangaria |
Sangaria |
|
51. |
Additional District and Sessions Judge, No. 1, Jaipur Metropolitan |
Jaipur |
|
52. |
Additional District and Sessions Judge, No. 2, Jaipur Metropolitan |
Jaipur |
|
53. |
Additional District and Sessions Judge, No. 3, Jaipur Metropolitan |
Jaipur |
|
54. |
Additional District and Sessions Judge, No. 4, Jaipur Metropolitan |
Jaipur |
|
55. |
Additional District and Sessions Judge, No. 5, Jaipur Metropolitan |
Jaipur |
|
56. |
Additional District and Sessions Judge, No. 6, Jaipur Metropolitan |
Jaipur |
|
57. |
Additional District and Sessions Judge, No. 7, Jaipur Metropolitan |
Jaipur |
|
58. |
Additional District and Sessions Judge, No. 8, Jaipur Metropolitan |
Jaipur |
|
59. |
Additional District and Sessions Judge, No. 9, Jaipur Metropolitan |
Jaipur |
|
60. |
Additional District and Sessions Judge, No. 2, Jaipur District |
Jaipur District |
|
61. |
Additional District and Sessions Judge, Kotputali |
Kotputali |
|
62. |
Additional District and Sessions Judge, Sambhar |
Sambhar |
|
63. |
Additional District and Sessions Judge, Shahpura |
Shahpura |
|
64. |
Additional District and Sessions Judge, Bhinmal |
Bhinmal |
|
65. |
Additional District and Sessions Judge, Jhalawar |
Jhalawar |
|
66. |
Additional District and Sessions Judge, Aklera |
Aklera |
|
67. |
Additional District and Sessions Judge, Jhunjhunu |
Jhunjhunu |
|
68. |
Additional District and Sessions Judge, Khetri |
Khetri |
|
69. |
Additional District and Sessions Judge No. 1, Jodhpur Metropolitan |
Jodhpur |
|
70. |
Additional District and Sessions Judg'e No. 2, Jodhpur Metropolitan |
Jodhpur |
|
71. |
Additional District and Sessions Judge No. 3, Jodhpur Metropolitan |
Jodhpur |
|
72. |
Additional District and Sessions Judge, Phalodi |
Phalodi |
|
73. |
Additional District and Sessions Judge, Hindaun City |
Hindaun City |
|
74. |
Additional District and Sessions Judge, No. 1, Kota |
Kota |
|
75. |
Additional District and Sessions Judge, No. 2, Kota |
Kota |
|
76. |
Additional District and Sessions Judge, No. 3, Kota |
Kota |
|
77. |
Additional District and Sessions Judge, No. 4, Kota |
Kota |
|
78. |
Additional District and Sessions Judge, No. 5, Kota |
Kota |
|
79. |
Additional District and Sessions Judge, Ramganjmandi |
Ramganjmandi |
|
80. |
Additional District and Sessions Judge, Deedwana |
Deedwana |
|
81. |
Additional District and Sessions Judge, Nagaur |
Nagaur |
|
82. |
Additional District and Sessions Judge, Parbatsar |
Parbatsar |
|
83. |
Additional District and Sessions Judge, Bali |
Bali |
|
84. |
Additional District and Sessions Judge, Sojat |
Sojat |
|
85. |
Additional District and Sessions Judge, Nathdwara |
Nathdwara |
|
86. |
Additional District and Sessions Judge, Gangapur City |
Gangapur City |
|
87. |
Additional District and Sessions Judge, No. 1, Sikar |
Sikar |
|
88. |
Additional District and Sessions Judge, No. 2, Sikar |
Sikar |
|
89. |
Additional District and Sessions Judge, Neem-ka-Thana |
Neem-ka-Thana |
|
90. |
Additional District and Sessions Judge, Abu Road |
Abu Road |
|
91. |
Additional District and Sessions Judge, Malpura |
Malpura |
|
92. |
Additional District and Sessions Judge, No. 1, Udaipur |
Udaipur |
|
93. |
Additional District and Sessions Judge, No. 2, Udaipur |
Udaipur |
|
94. |
Additional District and Sessions Judge, No. 3, Udaipur |
Udaipur |
Additional District Judges (Fast Track)
|
S. No. |
Title |
Place of Sitting |
|
1 |
2 |
3 |
|
1. |
Additional District Judge (Fast Track), No. 1, Ajmer |
Ajmer |
|
2. |
Additional District Judge (Fast Track), No. 2, Ajmer |
Ajmer |
|
3. |
Additional District Judge (Fast Track), No. 3, Ajmer |
Ajmer-Headquarter Kishangarh |
|
4. |
Additional District Judge (Fast Track), No. 4, Ajmer |
Ajmer |
|
5. |
Additional District Judge (Fast Track), No. 1, Beawar |
Beawar |
|
6. |
Additional District Judge (Fast Track), No. 2, Beawar |
Beawar |
|
7. |
Additional District Judge (Fast Track), No. 1, Alwar |
Alwar |
|
8. |
Additional District Judge (Fast Track), No. 2, Alwar |
Alwar |
|
9. |
Additional District Judge (Fast Track), Behror |
Behror |
|
10. |
Additional District Judge (Fast Track), Kishangarhbas |
Kishangarhbas |
|
11. |
Additional District Judge (Fast Track), Laxmangarh |
Laxmangarh |
|
12. |
Additional District Judge (Fast Track), Tijara |
Tijara |
|
13. |
Additional District Judge (Fast Track), Balotra |
Balotra |
|
14. |
Additional District Judge (Fast Track), Banswara |
Banswara |
|
15. |
Additional District Judge (Fast Track), Baran |
Baran |
|
16. |
Additional District Judge (Fast Track), Chhabra |
Chhabra |
|
17. |
Additional District Judge (Fast Track), No. 1, Bharatpur |
Bharatpur |
|
18. |
Additional District Judge (Fast Track), No. 2, Bharatpur |
Bharatpur |
|
19. |
Additional District Judge (Fast Track), No. 3, Bharatpur |
Bharatpur-Headquarter at Bayana |
|
20. |
Additional District Judge (Fast Track), No. 4, Bharatpur |
Bharatpur-Headquarter at Deeg |
|
21. |
Additional District Judge (Fast Track), No. 1, Bhilwara |
Bhilwara |
|
22. |
Additional District Judge (Fast Track), No. 2, Bhilwara |
Bhilwara |
|
23. |
Additional District Judge (Fast Track), No. 1, Bikaner |
Bikaner |
|
24. |
Additional District Judge (Fast Track), No. 2, Bikaner |
Bikaner |
|
25. |
Additional District Judge (Fast Track), No. 3, Bikaner |
Bikaner |
|
26. |
Additional District Judge (Fast Track), No. 1, Bundi |
Bundi |
|
27. |
Additional District Judge (Fast Track), No. 2, Bundi |
Bundi |
|
28. |
Additional District Judge (Fast Track), Chittorgarh |
Chittorgarh |
|
29. |
Additional District Judge (Fast Track), Dausa |
Dausa |
|
30. |
Additional District Judge (Fast Track), Bandikui |
Bandikui-Headquarter Dausa |
|
31. |
Additional District Judge (Fast Track), Mahuwa |
Mahuwa |
|
32. |
Additional District Judge (Fast Track), No. 1, Dholpur |
Dholpur |
|
33. |
Additional District Judge (Fast Track), No. 2, Dholpur |
Dholpur |
|
34. |
Additional District Judge (Fast Track), Dungarpur |
Dungarpur |
|
35. |
Additional District Judge (Fast Track), Anoopgarh |
Anoopgarh-Headquarter at Suratgarh |
|
36. |
Additional District Judge (Fast Track), No. 1, Hanumangarh |
Hanumangarh |
|
37. |
Additional District Judge (Fast Track), No. 2, Hanumangarh |
Hanumangarh-Headquarter at Nohar |
|
38. |
Additional District Judge (Fast Track), No. 3, Hanumangarh |
Hanumangarh |
|
39. |
Additional District Judge (Fast Track), No. 1, Jaipur City |
Jaipur City |
|
40. |
Additional District Judge (Fast Track), No. 2, Jaipur City |
Jaipur City |
|
41. |
Additional District Judge (Fast Track), No. 3, Jaipur City |
Jaipur City |
|
42. |
Additional District Judge (Fast Track), No. 4, Jaipur City |
Jaipur City |
|
43. |
Additional District Judge (Fast Track), No. 5, Jaipur City |
Jaipur City |
|
44. |
Additional District Judge (Fast Track), No. 6, Jaipur City |
Jaipur City |
|
45. |
Additional District Judge (Fast Track), No. 7, Jaipur City |
Jaipur City |
|
46. |
Additional District Judge (Fast Track), No. 8, Jaipur City |
Jaipur City |
|
47. |
Additional District Judge (Fast Track), No. 9, Jaipur City |
Jaipur City |
|
48. |
Additional District Judge (Fast Track), Jaipur District |
Jaipur |
|
49. |
Additional District Judge (Fast Track), No. 2, Jaipur District |
Jaipur |
|
50. |
Additional District Judge (Fast Track), No. 3, Jaipur District |
Jaipur |
|
51. |
Additional District Judge (Fast Track), Kotputali |
Kotputali |
|
52. |
Additional District Judge (Fast Track), Chaumu |
Chaumu |
|
53. |
Additional District Judge (Fast Track), Jalore |
Jalore |
|
54. |
Additional District Judge (Fast Track), Jhalawar |
Jhalawar |
|
55. |
Additional District Judge (Fast Track), No. 1, Jhunjhunu |
Jhunjhunu |
|
56. |
Additional District Judge (Fast Track), No. 2, Jhunjhunu |
Jhunjhunu |
|
57. |
Additional District Judge (Fast Track), No. 3, Jhunjhunu |
Jhunjhunu |
|
58. |
Additional District Judge (Fast Track), No. 1, Jodhpur |
Jodhpur |
|
59. |
Additional District Judge (Fast Track), No. 2, Jodhpur |
Jodhpur |
|
60. |
Additional District Judge (Fast Track), No. 3, Jodhpur |
Jodhpur |
|
61. |
Additional District Judge (Fast Track), No. 4, Jodhpur |
Jodhpur |
|
62. |
Additional District Judge (Fast Track), No. 1, Karauli |
Karauli |
|
63. |
Additional District Judge (Fast Track), No. 2, Karauli |
Karauli |
|
64. |
Additional District Judge (Fast Track), Hindaun |
Hindaun |
|
65. |
Additional District Judge (Fast Track), No. 1, Kota |
Kota |
|
66. |
Additional District Judge (Fast Track), No. 2, Kota |
Kota |
|
67. |
Additional District Judge (Fast Track), No. 3, Kota |
Kota |
|
68. |
Additional District Judge (Fast Track), Nagaur |
Nagaur |
|
69. |
Additional District Judge (Fast Track), Parbatsar |
Parbatsar |
|
70. |
Additional District Judge (Fast Track), Pali |
Pali Headquarter at Jaitaran |
|
71. |
Additional District Judge (Fast Track), No. 2, Pali |
Pali |
|
72. |
Additional District Judge (Fast Track), Rajsamand |
Rajsamand |
|
73. |
Additional District Judge (Fast Track), Sawai Madhopur |
Sawai Madhopur |
|
74. |
Additional District Judge (Fast Track), No. 1, Sikar |
Sikar |
|
75. |
Additional District Judge (Fast Track), No. 2, Sikar |
Sikar-Headquarter of Srimadhopur |
|
76. |
Additional District Judge (Fast Track), Sirohi |
Sirohi |
|
77. |
Additional District Judge (Fast Track), Abu Road |
Abu Road |
|
78. |
Additional District Judge (Fast Track), Tonk |
Tonk |
|
79. |
Additional District Judge (Fast Track), No. 1, Udaipur |
Udaipur |
|
80. |
Additional District Judge (Fast Track), No. 2, Udaipur |
Udaipur |
|
81. |
Additional District Judge (Fast Track), No. 3, Udaipur |
Udaipur-Headquarter at Salumbar |
|
82. |
Additional District Judge (Fast Track), No. 4, Udaipur |
Udaipur |
|
83. |
Additional District judge (Fast Track), No. 5, Udaipur |
Udaipur |
Part-III
Civil Judges (Senior Division)-Cum-Chief Judicial Magistrates
|
S. No. |
Title |
Place of Sitting |
|
1 |
2 |
3 |
|
1. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Ajmer |
Ajmer |
|
2. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Alwar |
Alwar |
|
3. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Barmer |
Barmer |
|
4. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Banswara |
Banswara |
|
5. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Baran |
Baran |
|
6. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Bharatpur |
Bharatpur |
|
7. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Bhilwara |
Bhilwara |
|
8. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Bikaner |
Bikaner |
|
9. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Bundi |
Bundi |
|
10. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Chittorgarh |
Chittorgarh |
|
11. |
Civil Judge (Sr. Div.)-Curn-Chief Judicial Magistrate, Churu |
Churu |
|
12. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Dausa |
Dausa |
|
13. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Dholpur |
Dholpur |
|
14. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Dungarpur |
Dungarpur |
|
15. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Ganganagar |
Ganganagar |
|
16. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Hanumangarh |
Hanumangarh |
|
17. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Jaipur |
Metropolitan Jaipur |
|
18. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Jaisalmer |
Jaisalmer |
|
19. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Jalore |
Jalore |
|
20. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Jhalawar |
Jhalawar |
|
21. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Jhunjhunu |
Jhunjhunu |
|
22. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Jodhpur Metropolitan |
Jodhpur |
|
23. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Jodhpur District |
Jodhpur Distrct except Jodhpur Metropolitan |
|
24. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Karauli |
Karauli |
|
25. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Kota |
Kota |
|
26. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Nagaur |
Nagaur |
|
27. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Pali |
Pali |
|
28. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Pratapgarh |
Pratapgarh |
|
29. |
Civil Judge (Sr. Div.)-Curn-Chief Judicial Magistrate, Rajsamand |
Rajsamand |
|
30. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Sawai Madhopur |
Sawai Madhopur |
|
31. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Sikar |
Sikar |
|
32. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Sirohi |
Sirohi |
|
33. |
Civil Judge (Sr. Div.)-Curn-Chief Judicial Magistrate, Tonk |
Tonk |
|
34. |
Civil Judge (Sr. Div.)-Cum-Chief Judicial Magistrate, Udaipur |
Udaipur |
Part IV
Civil Judges (Senior Division)-Cum-Additional Chief Judicial Magistrates
|
S. No. |
Title |
Place of Sitting |
|
1 |
2 |
3 |
|
1. |
Civil Judge (Sr. Div.)-curn-Addl. Chief Judicial Magistrate, No. 1, Ajmer |
Ajmer |
|
2. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 2, Ajmer |
Ajmer |
|
3. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 3, Ajmer |
Ajmer |
|
4. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Kishangarh |
Kishangarh |
|
5. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Nasirabad |
Nasirabad |
|
6. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 1, Alwar |
Alwar |
|
7. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 2, Alwar |
Alwar |
|
8. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 3, Alwar |
Alwar |
|
9. |
Civil Judge (Sr. Div.)-curn-Addl. Chief Judicial Magistrate, No. 1, Behror |
Behror |
|
10. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 2, Behror |
Behror |
|
11. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Kishangarhbas |
Kishangarhbas |
|
12. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Laxmangarh |
Laxmangarh |
|
13. |
Civil Judge (Sr. Div.)-curn-Addl. Chief Judicial Magistrate, Rajgarh |
Rajgarh |
|
14. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Barmer |
Barmer |
|
15. |
Civil Judge (Sr. Div.)-eum-Addl. Chief Judicial Magistrate, Balotra |
Balotra |
|
16. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Banswara |
Banswara |
|
17. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Kushalgarh |
Kushalgarh |
|
18. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Baran |
Baran |
|
19. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Chhabra |
Chhabra |
|
20. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Shahbad |
Shahbad |
|
21. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 1, Bharatpur |
Bharatpur |
|
22. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 2, Bharatpur |
Bharatpur |
|
23. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 3, Bharatpur |
Bharatpur |
|
24. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 4, Bharatpur |
Bharatpur |
|
25. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Bayana |
Bayana |
|
26. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Deeg |
Deeg |
|
27. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Weir |
Weir |
|
28. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Bhilwara |
Bhilwara |
|
29. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Gangapur |
Gangapur |
|
30. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Gulabpura |
Gulabpura |
|
31. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Mandal |
Mandal |
|
32. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Mandalgarh |
Mandalgarh |
|
33. |
Civil Judge (Sr. Div.)-curn-Addl. Chief Judicial Magistrate, Shahpura |
Shahpura |
|
34. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 1, Bikaner |
Bikaner |
|
35. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 2, Bikaner |
Bikaner |
|
36. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 3, Bikaner |
Bikaner |
|
37. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 4, Bikaner |
Bikaner |
|
38. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, (Railway), Bikaner |
Bikaner |
|
39. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Bundi |
Bundi |
|
40. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Nainwa |
Nainwa |
|
41. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 1, Chittorgarh |
Chittorgarh |
|
42. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 2, Chittorgarh |
Chittorgarh |
|
43. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Badi Sadari |
Badi Sadari |
|
44. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Begun |
Begun |
|
45. |
Civil Judge (Sr. Div.)-cuin-Addl. Chief Judicial Magistrate, Kapasan |
Kapasan |
|
46. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Nimbahera |
Nimbahera |
|
47. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Rajgarh |
Rajgarh |
|
48. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Ratangarh |
Ratangarh |
|
49. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Sujangarh |
Sujangarh |
|
50. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Dausa |
Dausa |
|
51. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Bandikui |
Bandikui |
|
52. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Lalsot |
Lalsot |
|
53. |
Civil Judge (Sr. Div.)-cum-Addl, Chief Judicial Magistrate, Mahuwa |
Mahuwa |
|
54. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Dholpur |
Dholpur |
|
55. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Bari |
Bari |
|
56. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Dungarpur |
Dungarpur |
|
57. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Sagwara |
Sagwara |
|
58. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Ganganagar |
Ganganagar |
|
59. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Anoopgarh |
Anoopgarh |
|
60. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Karanpur |
Karanpur |
|
61. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Raisinghnagar |
Raisinghnagar |
|
62. |
Civil Judge (Sr. Div.)-curn-Addl. Chief Judicial Magistrate, Suratgarh |
Suratgarh |
|
63. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Hanumangarh |
Hanumangarh |
|
64. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Bhadra |
Bhadra |
|
65. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Nohar |
Nohar |
|
66. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Sangaria |
Sangaria |
|
67. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, (Railway), Jaipur City |
Jaipur City |
|
68. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, (J.D.A.), Jaipur City |
Jaipur City |
|
69. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Jaipur District |
Jaipur District |
|
70. |
Civil Judge (Sr. Div.)-curn-Addl. Chief Judicial Magistrate, No. 1, Jaipur District |
Jaipur District |
|
71. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 2, Jaipur District |
Jaipur District |
|
72. |
Civil Judge (Sr. Div.)-curn-Addl. Chief Judicial Magistrate, Kotputali |
Kotputali |
|
73. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Sambhar |
Sambhar |
|
74. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Shahpura |
Shahpura |
|
75. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Pokaran |
Pokaran |
|
76. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Jalore |
Jalore |
|
77. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Bhinmal |
Bhinmal |
|
78. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Jhalawar |
Jhalawar |
|
79. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Aklera |
Aklera |
|
80. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Bhawanimandi |
Bhawanimandi |
|
81. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Jhunjhunu |
Jhunjhunu |
|
82. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Khetri |
Khetri |
|
83. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Nawalgarh |
Nawalgarh |
|
84. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate (C.B.I.), Jodhpur |
Jodhpur |
|
85. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate (Railway), Jodhpur |
Jodhpur |
|
86. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate (Economic Offences), Jodhpur |
Jodhpur |
|
87. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Bilara |
Bilara |
|
88. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Phalodi |
Phalodi |
|
89. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Karauli |
Karauli |
|
90. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Hindaun |
Hindaun |
|
91. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 1, Kota |
Kota |
|
92. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 2, Kota |
Kota |
|
93. |
Civil Judge (Sr. Div.)-curn-Addl. Chief Judicial Magistrate, No. 3, Kota |
Kota |
|
94. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 4, Kota |
Kota |
|
95. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 5, Kota |
Kota |
|
96. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, (Communal Riots), Kota |
Kota |
|
97. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, (Railway), Kota |
Kota |
|
98. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Ramganjmandi |
Ramganjmandi |
|
99. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Nagaur |
Nagaur |
|
100. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Merta |
Merta |
|
101. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Deedwana |
Deedwana |
|
102. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Makrana |
Makrana |
|
103. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Parbatsar |
Parbatsar |
|
104. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Pali |
Pali |
|
105. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, (Communal Riots), Pali |
Pali |
|
106. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Bali |
Bali |
|
107. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Jaitaran |
Jaitaran |
|
108. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Sojat |
Sojat |
|
109. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Pratapgarh |
Pratapgarh |
|
110. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Arnod |
Arnod-Headquarter at Pratapgarh |
|
111. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Chhoti Sadri |
Chhoti Sadri |
|
112. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Dhariabad |
Dhariabad |
|
113. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Rajsamand |
Rajsamand |
|
114. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Bhim |
Bhim |
|
115. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Nathdwara |
Nathdwara |
|
116. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Sawai Madhopur |
Sawai Madhopur |
|
117. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Gangapur City |
Gangapur City |
|
118. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Sikar |
Sikar |
|
119. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Dantaramgarh |
Dantaramgarh |
|
120. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Fatehpur |
Fatehpur |
|
121. |
Civil Judge (Sr. Div.)-curn-Addl. Chief Judicial Magistrate, Neem-ka-Thana |
Neem-ka-Thana |
|
122. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Srimadhopur |
Srimadhopur |
|
123. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Mount Abu |
Mount Abu |
|
124. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Tonk |
Tonk |
|
125. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicuil Magistrate, Malpura |
Malpura |
|
126. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Niwai |
Niwai |
|
127. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Uniyara |
Uniyara |
|
128. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 1, Udaipur |
Udaipur |
|
129. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 2, Udaipur |
Udaipur |
|
130. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 3, Udaipur |
Udaipur |
|
131. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Jhadol |
Jhadol |
|
132. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Kanore |
Kanore |
|
133. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Kherwara |
Kherwara |
|
134. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Mavli |
Mavli |
|
135. |
Civil Judge (Sr. Div.)-cum-Addl. Cfiief Judicial Magistrate, Salurnbar |
Salurnbar |
|
136. |
Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, Vallabhnagar |
Vallabhnagar |
Additional Civil Judges (Senior Division)-Cum-Additional Chief Judicial Magistrates
|
S. No. |
Title |
Place of Sitting |
|
1 |
2 |
3 |
|
1. |
Addl. Civil Judge (Sr. Div.)-Cum-Addl. Chief Judicial Magistrate, Railway, Ajmer |
Ajmer |
|
2. |
Addl. Civil Judge (Sr. Div.)-Cum-Addl. Chief Judicial Magistrate, No. 1, Beawar |
Beawar |
|
3. |
Addl. Civil Judge (Sr. Div.)-Cum-Addl. Chief Judicial Magistrate, No. 2, Beawar |
Beawar |
|
4. |
Addl. Civil Judge (Sr. Div.)-Cum-Addl. Chief Judicial Magistrate, No. 1, Kekri |
Kekri |
|
5. |
Addl. Civil Judge (Sr. Div.)-Cum-Addl. Chief Judicial Magistrate, No. 2, Kekri |
Kekri |
|
6. |
Addl. Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 1, Jaipur Metropolitan |
Jaipur |
|
7. |
Addl. Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 2, Jaipur Metropolitan |
Jaipur |
|
8. |
Addl. Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 3, Jaipur Metropolitan |
Jaipur |
|
9. |
Addl. Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 4, Jaipur Metropolitan |
Jaipur |
|
10. |
Addl. Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 5, Jaipur Metropolitan |
Jaipur |
|
11. |
Addl. Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 6, Jaipur Metropolitan |
Jaipur |
|
12. |
Addl. Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 7, Jaipur Metropolitan |
Jaipur |
|
13. |
Addl. Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 8, Jaipur Metropolitan |
Jaipur |
|
14. |
Addl. Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 9, Jaipur Metropolitan |
Jaipur |
|
15. |
Addl. Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 10, Jaipur Metropolitan |
Jaipur |
|
16. |
Addl. Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 11, Jaipur Metropolitan |
Jaipur |
|
17. |
Addl. Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 12, Jaipur Metropolitan |
Jaipur |
|
18. |
Addl. Civil Judge (Sr. Div.)-curn-Addl. Chief Judicial Magistrate, No. 13, Jaipur Metropolitan |
Bassi in Jaipur Metropolitan |
|
19. |
Addl. Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate, No. 14, Jaipur Metropolitan |
Chaumu in Jaipur Metropolitan |
|
20. |
Addl. Civil Judge (Sr. Div.)-Cum-Addl. Chief Judicial Magistrate, No. 2, Bari |
Bari |
|
21. |
Addl. Civil Judge (Sr. Div.)-Cum-Addl. Chief Judicial Magistrate, (Commual Riots), Jaipur Metropolitan |
Jaipur City |
|
22. |
Addl. Civil Judge (Sr. Div.)-Cum-Addl. Chief Judicial Magistrate, (S.P.E. Cases), Jaipur District |
Jaipur District |
|
23. |
Addl. Civil Judge (Sr. Div.)-Cum-Addl. Chief Judicial Magistrate, No. 2, Jalore |
Jalore |
|
24. |
Addl. Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate No. 1, Jodhpur Metropolitan |
Jodhpur |
|
25. |
Addl. Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate No. 2, Jodhpur Metropolitan |
Jodhpur |
|
26. |
Addl. Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate No. 3, Jodhpur Metropolitan |
Jodhpur |
|
27. |
Addl. Civil Judge (Sr. Div.)-cum-Addl. Chief Judicial Magistrate No. 4, Jodhpur Metropolitan |
Jodhpur |
|
28. |
Addl. Civil Judge (Sr. Div.)-Cum-Addl. Chief Judicial Magistrate, No. 2, Srimadhopur |
Srimadhopur |
Part V
Civil Judges (Junior Division)-Cum-Judicial Magistrates, First Class
|
S.No. |
Title |
Place of Sitting |
|
1 |
2 |
3 |
|
Ajmer Judgeship |
||
|
1. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Ajmer (North) |
Ajmer |
|
2. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Ajmer (South) |
Ajmer |
|
3. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Ajmer (East) |
Ajmer |
|
4. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Ajmer (West) |
Ajmer |
|
5. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Ajmer (District) |
Ajmer |
|
6. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Beawar |
Beawar |
|
7. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kekri |
Kekri |
|
8. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kishangarh |
Kishangarh |
|
9. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Nasirabad |
Nasirabad |
|
10. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Pushkar |
Pushkar |
|
11. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Sarwar |
Sarwar |
|
12. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Vijaynagar |
Vijaynagar |
|
Alwar Judgeship |
||
|
13. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Alwar |
Alwar |
|
14. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 2, Alwar |
Alwar |
|
15. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 3, Alwar |
Alwar |
|
16. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Bansur |
Bansur |
|
17. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Behror |
Behror |
|
18. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kathumar |
Kathumar |
|
19. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kishangarhbas |
Kishangarhbas |
|
20. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Laxmangarh |
Laxmangarh |
|
21. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Mandawar |
Mundawar |
|
22. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Rajgarh |
Rajgarh |
|
23. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Thanagazi |
Thanagazi |
|
24. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Tijara |
Tijara |
|
Balotra Judgeship (Bikaner District) |
||
|
25. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Balotra |
Balotra |
|
26. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Barmer |
Barmer |
|
27. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Siwana |
Siwana |
|
Banswara Judgeship |
||
|
28. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Banswara |
Banswara |
|
29. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Bagidora |
Bagidora |
|
30. |
Civil Judge (Jr. Div.)-cum-Judicia! Magistrate, First Class, Gadi |
Gadi |
|
31. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Ghatol |
Ghatol |
|
Baran Judgeship |
||
|
32. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Baran |
Baran |
|
33. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Anta |
Anta |
|
34. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Atru |
Atru |
|
35. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Chhipabarod |
Chhipabarod |
|
36. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kishanganj |
Kishanganj |
|
37. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Mangrol |
Mangrol |
|
Bharatpur Judgeship |
||
|
38. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Bharatpur |
Bharatpur |
|
39. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Bayana |
Bayana |
|
40. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Deeg |
Deeg |
|
41. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kaman |
Kaman |
|
42. |
Civil Judge (Jr. Div.)-cum-.Judicial Magistrate, First Class, Nadbai |
Nadbai |
|
43. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Nagar |
Nagar |
|
44. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Roopwas |
Roopwas |
|
45. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Weir |
Weir |
|
Bhilwara Judgeship |
||
|
46. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Bhilwara (East) |
Bhilwara |
|
47. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Bhilwara (West) |
Bhilwara |
|
48. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Aasind |
Aasind |
|
49. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Bijolia |
Bijolia |
|
50. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Jahazpur |
Jahazpur |
|
51. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kotri |
Kotri |
|
52. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Mandal |
Mandal |
|
53. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Mandalgarh |
Mandalgarh |
|
Bikaner Judgeship |
||
|
54. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Bikaner |
Bikaner |
|
55. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 3, Bikaner |
Bikaner |
|
56. |
Civil .Judge (Jr. Div.)-cum-.Judicial Magistrate, First Class, Dungargarh |
Dungargarh |
|
57. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Khajuwala |
Khajuwala |
|
58. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kolayat |
Kolayat |
|
59. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Loonkaransar |
Loonkaransar |
|
60. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Nokha |
Nokha |
|
Bundi Judgeship |
||
|
61 |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Bundi |
Bundi |
|
62. |
Civil Judge (Jr. Div.)-cum-JudiciaI Magistrate, First Class, Hindoli |
Hindoli |
|
63. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Indergarh |
Indergarh |
|
64. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Keshoraipatan |
Keshoraipatan |
|
65 |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Lakheri |
Lakheri |
|
66. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Nainwa |
Nainwa |
|
67. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Talera |
Talera |
|
Chittorgarh Judgeship |
||
|
68. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Chittorgarh |
Chittorgarh |
|
69. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Badi Sadri |
Badi Sadri |
|
70. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Begun |
Begun |
|
71. |
Civil Judge (Jr. Div.)-cum-Judiciai Magistrate, First Class, Dungla |
Dungla |
|
72. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Gangrar |
Gangrar |
|
73. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kapasan |
Kapasan |
|
74. |
Civil Judge (Jr. Div.)-curn-Judicial Magistrate, First Class, Mandafia |
Mandafia |
|
75. |
Civil Judge (Jr. Div.)-cum-JudiciaI Magistrate, First Class, Nimbahera |
Nimbahera |
|
76. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Rashmi |
Rashmi |
|
77. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Rawat Bhata |
Rawat Bhata |
|
Churu Judgeship |
||
|
78. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Churu |
Churu |
|
79. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Rajgarh |
Rajgarh |
|
80. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Sardarshahar |
Sardarshahar |
|
81. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Sujangarh |
Sujangarh |
|
82. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Taranagar |
Taranagar |
|
Dausa Judgeship |
||
|
83. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Dausa |
Dausa |
|
84. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Lalsot |
Lalsot |
|
85. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Mahuwa |
Mahuwa |
|
86. |
Civil Judge. (Jr. Div.)-curn-Judicial Magistrate, First Class, Sikrai |
Sikrai |
|
Dholpur Judgeship |
||
|
87. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Dholpur |
Dholpur |
|
88. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Bari |
Bari |
|
89. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Rajakhera' |
Rajakhera |
|
Dungarpur Judgeship |
||
|
90. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Dungarpur |
Dungarpur |
|
91. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Aaspur |
Aaspur |
|
92. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Simalwara |
Simalwara |
|
Ganganagar Judgeship |
||
|
93. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Ganganagar |
Ganganagar |
|
94. |
Civil Judge (Jr. Div.)-cum-JudiciaI Magistrate, First Class, Anoopgarh |
Anoopgarh |
|
95. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Gharsana |
Gharsana |
|
96. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Padampur |
Padampur |
|
97. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Raisinghnagar |
Raisinghnagar |
|
98. |
Civil .Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Sadulsahar |
Sadulsahar |
|
99. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Suratgarh |
Suratgarh |
|
100. |
Civil Judge (Jr. Div.)-cum-Judiciai Magistrate, First Class, Vijainagar |
Vijainagar |
|
Hanumangarh Judgeship |
||
|
101. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Hanumangarh |
Hanumangarh |
|
102. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Nohar |
Nohar |
|
103. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Pilibanga |
Pilibanga |
|
104. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Rawatsar |
Rawatsar |
|
105. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Tibi |
Tibi |
|
Jaipur Metropolitan Judgeship |
||
|
106. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, East Jaipur Metropolitan |
Jaipur |
|
107. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, West, Jaipur Metropolitan |
Jaipur |
|
Jaipur District Judgeship |
||
|
108. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Jaipur District |
Jaipur |
|
109. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 24, Jaipur Metropolitan |
Bassi in Jaipur Metropolitan |
|
110. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 25, Jaipur Metropolitan |
Chamu in Jaipur Metropolitan |
|
111. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Dudu |
Dudu |
|
112. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kotputli |
Kotputli |
|
113. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Sambhar |
Sambhar |
|
114. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 26, Jaipur Metropolitan |
Sanganer in Jaipur Metropolitan |
|
115. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Shahpura |
Shahpura |
|
116. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Virat Nagar |
Virat Nagar |
|
Jaisalmer Judgeship |
||
|
117. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Jaisalmer |
Jaisalmer |
|
Jalore Judgeship |
||
|
118. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Jalore |
Jalore |
|
119. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Raniwara |
Raniwara |
|
120. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Sanchore |
Sanchore |
|
Jhalwar Judgeship |
||
|
121. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Jhalawar |
Jhalawar |
|
122. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Aklera |
Aklera |
|
123. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Chaumohalla |
Chomahalla |
|
124. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Khanpur |
Khanpur |
|
125. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Pirawa |
Pirawa |
|
Jhunjhunu Judgeship |
||
|
126. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Jhunjhunu |
Jhunjhunu |
|
127. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Chirawa |
Chirawa |
|
128. |
Civil Judge (Jr. Div.)-curn-Judicial Magistrate, First Class, Khetri |
Khetri |
|
129. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Pilani |
Pilani |
|
130. |
Civil Judge (Jr. Div.)-cuin-Judicial Magistrate, First Class, Udaipurwati |
Udaipurwati |
|
Jodhpur Judgeship |
||
|
131. |
Civil Judge (Jr. Div.)-cum-JudiciaI Magistrate, First Class, Jodhpur Metropolitan |
Jodhpur |
|
132. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Jodhpur District |
Jodhpur |
|
133. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Balesar |
Balesar |
|
134. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Pipar |
Pipar |
|
135. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Osian |
Osian |
|
Karauli Judgeship |
||
|
136. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Karauli |
Karauli |
|
137. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Hindaun |
Hindaun |
|
138. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Sri Mahaveeji |
Sri Mahaveeji |
|
139. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Todabhim |
Todabhim |
|
Kota Judgeship |
||
|
140. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kota (North) |
Kota |
|
141. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kota (South) |
Kota |
|
142. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Digod |
Digod |
|
143. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Itawa |
Itawa |
|
144. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kanwas |
Kanwas |
|
145. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Ramganjmandi |
Ramganjmandi |
|
146. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Sangod |
Sangod |
|
Merta Judgeship (Nagaur District) |
||
|
147. |
Civil Judge (Jr. Div.)-cum-.Judicial Magistrate, First Class, Merta |
Merta |
|
148. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Deedwana |
Deedwana |
|
149. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Degana |
Degana |
|
150. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Jayal |
Jayal |
|
151. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kutchaman City |
Kutchaman City |
|
152. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Ladnu |
Ladnu |
|
153. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Makrana |
Makrana |
|
154. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Nagaur |
Nagaur |
|
155. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Nawa |
Nawa |
|
Pali Judgeship |
||
|
156. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Pali |
Pali |
|
157. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Bali |
Bali |
|
158. |
Civil Judge (Jr. Div,)-cum-Judicial Magistrate, First Class, Bar |
Bar |
|
159. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Desuri |
Desuri |
|
160. |
Civil Judge (Jr. Div.)-cum-JudiciaI Magistrate, First Class, Jetaran |
Jetaran |
|
161. |
Civil Judge (Jr. Div.)-cum-JudiciaI Magistrate, First Class, Marwar Junction |
Marwar Junction |
|
162. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Sojat |
Sojat |
|
163. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Sumerpur |
Sumerpur |
|
Pratapgarh Judgeship |
||
|
164 |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Pratapgarh |
Pratapgarh |
|
Rajsamand Judgeship |
||
|
165. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Rajsamand |
Rajsamand |
|
166. |
Civil Judge (Jr. Div.)-curn-Judicial Magistrate, First Class, Amet |
Amet |
|
167. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Devgarh |
Devgarh |
|
168. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kumbhalgarh |
Kumbhalgarh |
|
169. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Nathdwara |
Nathdwara |
|
170. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Railmagra |
Railmagra |
|
Sawai Madhopur Judgeship |
||
|
171. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Sawai Madhopur |
Sawai Madhopur |
|
172. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Barnanwas |
Barnanwas |
|
173. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Bonli |
Bonli |
|
174. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Gangapur City |
Gangapur City |
|
175. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Khandar |
Khandar |
|
Sikar Judgeship |
||
|
176 |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Sikar |
Sikar |
|
177 |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Laxmangarh |
Laxmangarh |
|
178 |
Civil Judge (Jr. Div.)-curn-Judicial Magistrate, First Class, Neem-Ka-Thana |
Neem-Ka-Thana |
|
179 |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Ringas |
Ringas |
|
180 |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Srimadhopur |
Srimadhopur |
|
Sirohi Judgeship |
||
|
181. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Sirohi |
Sirohi |
|
182. |
Civil Judge (.Jr. Div.)-cum-JudiciaI Magistrate, First Class, Abu Road |
Abu Road |
|
183. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Pindwara |
Pindwara |
|
184. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Reodar (H.Q. Sirohi) |
Sirohi |
|
185. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Sheoganj |
Sheoganj |
|
Tonk Judgeship |
||
|
186. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Tonk |
Tonk |
|
187. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Deoli |
Deoli |
|
188. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Malpura |
Malpura |
|
189. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Niwai |
Niwai |
|
190. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Toda Raisingh |
Toda Raisingh |
|
Udaipur Judgeship |
||
|
191. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Udaipur (North) |
Udaipur |
|
192. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Udaipur (South) |
Udaipur |
|
193. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Bhinder |
Bhinder |
|
194. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Gogunda |
Gogunda |
|
195. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kherwara |
Kherwara |
|
196. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kotra |
Kotra |
|
197. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Mavli |
Mavli |
|
198. |
Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Sarada |
Sarada |
Additional Civil Judges (Junior Division)-Cum-Judicial Magistrates, First Class
|
S.No. |
Title |
Place of sitting |
|
1 |
2 |
3 |
|
Ajmer Judgment |
||
|
1. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Ajmer |
Ajmer |
|
2. |
Additional Civil Judge (Jr. Div.)-cum-.ludicial Magistrate, First Class, No. 2, Ajmer |
Ajmer |
|
3. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 3, Ajmer |
Ajmer |
|
4. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 4, Ajmer |
Ajmer |
|
5. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 5, Ajmer |
Ajmer |
|
6. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 6, Ajmer |
Ajmer |
|
7. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Beawar |
Beawar |
|
8. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 2, Beawar |
Beawar |
|
9. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kishangarh |
Kishangarh |
|
Alwar Judgeship |
||
|
10. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Alwar |
Alwar |
|
11. |
Additional Civil Judge (Jr. Div.)-cum-JudidaI Magistrate, First Class, No. 2, Alwar |
Alwar |
|
12. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 3, Alwar |
Alwar |
|
13. |
Additional Civil Judge (Jr. Div.)-cum-JudiciaI Magistrate, First Class, No. 4, Alwar |
Alwar |
|
Balotra Judgeship |
||
|
14. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Barmer |
Barmer |
|
Banswara Judgeship |
||
|
15. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Banswara |
Banswara |
|
Baran Judgeship |
||
|
16. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Baran |
Baran |
|
Bharatpur Judgeship |
||
|
17. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Bharatpur |
Bharatpur |
|
18. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 2, Bharatpur |
Bharatpur |
|
19. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 3, Bharatpur |
Bharatpur |
|
20. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 4, Bharatpur |
Bharatpur |
|
21. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Roopwas |
Roopwas |
|
Bhilwara Judgeship |
||
|
22. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Bhilwara |
Bhilwara |
|
23. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 2, Bhilwara |
Bhilwara |
|
24. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 3, Bhilwara |
Bhilwara |
|
Bikaner Judgeship |
||
|
25. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Bikaner |
Bikaner |
|
26. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 2, Bikaner |
Bikaner |
|
27. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 3, Bikaner |
Bikaner |
|
Bundi Judgeship |
||
|
28. |
Additional Civil Judge (Jr. Div.)-cum-.Iudicial Magistrate, First Class, No. 1, Bundi |
Bundi |
|
29. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 2, Bundi |
Bundi |
|
30. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 3, Bundi |
Bundi |
|
Chittorgarh Judgeship |
||
|
31. |
Additional Civil Judge (Jr. Div.)-cum-.Judicial Magistrate, First Class, Chittorgarh |
Chittorgarh |
|
Dausa Judgeship |
||
|
32. |
Additional Civil Judge (Jr. Div.)-cum-Judiciai Magistrate, First Class, Bandikui |
Bandikui |
|
Dholpur Judgeship |
||
|
33. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Dholpur |
Dholpur |
|
34. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 2, Dholpur |
Dholpur |
|
Ganganagar Judgeship |
||
|
35. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Ganganagar |
Ganganagar |
|
36. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 2, Ganganagar |
Ganganagar |
|
Hanumangarh Judgeship |
||
|
37. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Hanumangarh |
Hanumangarh |
|
Jaipur City Judgeship |
||
|
38. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Jaipur Metropolitan |
Jaipur |
|
39. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 2, Jaipur Metropolitan |
Jaipur |
|
40. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 3, Jaipur Metropolitan |
Jaipur |
|
41. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 4, Jaipur Metropolitan |
Jaipur |
|
42. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 5, Jaipur Metropolitan |
Jaipur |
|
43. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 6, Jaipur Metropolitan |
Jaipur |
|
44. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 7, Jaipur Metropolitan |
Jaipur |
|
45. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 8, Jaipur Metropolitan |
Jaipur |
|
46. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 9, Jaipur Metropolitan |
Jaipur |
|
47. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 10, Jaipur Metropolitan Jaipur |
|
|
48. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 11, Jaipur Metropolitan |
Jaipur |
|
49. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 12, Jaipur Metropolitan |
Jaipur |
|
50. |
Additional Civil Judge (Jr. Div.)-eurn-Judicial Magistrate, First Class, No. 13, Jaipur Metropolitan |
Jaipur |
|
51. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 14, Jaipur Metropolitan |
Jaipur |
|
52. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 15, Jaipur Metropolitan |
Jaipur |
|
53. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 16, Jaipur Metropolitan |
Jaipur |
|
54. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 17, Jaipur Metropolitan |
Jaipur |
|
55. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 18, Jaipur Metropolitan |
Jaipur |
|
56. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 19, Jaipur Metropolitan |
Jaipur |
|
57. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 20, Jaipur Metropolitan |
Jaipur |
|
58. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 21, Jaipur Metropolitan |
Jaipur |
|
59. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 22, Jaipur Metropolitan |
Jaipur |
|
60. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 23, Jaipur Metropolitan |
Jaipur |
|
61. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 24, Jaipur Metropolitan |
Jaipur |
|
62. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 25, Jaipur Metropolitan |
Jaipur |
|
63. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 26, Jaipur Metropolitan |
Jaipur |
|
64. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 27, Jaipur Metropolitan Jaipur |
|
|
65. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 28, Jaipur Metropolitan |
Jaipur |
|
66. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 29, Jaipur Metropolitan |
Jaipur |
|
67. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 30, Jaipur Metropolitan |
Jaipur |
|
68. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 31, Jaipur Metropolitan |
Jaipur |
|
69. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 32, Jaipur Metropolitan |
Jaipur |
|
70. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 33, Jaipur Metropolitan |
Jaipur |
|
71. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 34, Jaipur Metropolitan |
Jaipur |
|
72. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class East, Jaipur Metropolitan |
Jaipur |
|
73. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class West, Jaipur Metropolitan |
Jaipur |
|
Jaipur District Judgeship |
||
|
74. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Jaipur District |
Jaipur |
|
75. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 2, Jaipur District |
Jaipur |
|
76. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 3, Jaipur District |
Jaipur |
|
77. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 4, Jaipur District |
Jaipur |
|
78. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 5, Jaipur District |
Jaipur |
|
79. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Kotputli |
Kotputli |
|
Jhalawar Judgeship |
||
|
80. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Bhawanimandi |
Bhawanimandi |
|
Jodhpur Judgeship |
||
|
81. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Jodhpur Metropolitan |
Jodhpur |
|
82. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No; 2, Jodhpur Metropolitan |
Jodhpur |
|
83. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 3, Jodhpur Metropolitan |
Jodhpur |
|
84. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 4, Jodhpur Metropolitan |
Jodhpur |
|
85. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 5, Jodhpur Metropolitan |
Jodhpur |
|
86. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 6, Jodhpur Metropolitan |
Jodhpur |
|
87. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 7, Jodhpur Metropolitan |
Jodhpur |
|
88. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 8, Jodhpur Metropolitan |
Jodhpur |
|
89. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 9, Jodhpur Metropolitan |
Jodhpur |
|
90. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 10, Jodhpur Metropolitan |
Jodhpur |
|
91. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 11, Jodhpur Metropolitan |
Jodhpur |
|
Karauli Judgeship |
||
|
92. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Karauli |
Karauli |
|
93. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Hindaun |
Hindaun |
|
Kota Judgeship |
||
|
94. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Kota (North) |
Kota |
|
95. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 2, Kota (North) |
Kota |
|
96. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 3, Kota (North) |
Kota |
|
97. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 4, Kota (North) |
Kota |
|
98. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 5, Kota (North) |
Kota |
|
99. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Kota (South) |
Kota |
|
100. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 2, Kota (South) |
Kota |
|
101. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 3, Kota (South) |
Kota |
|
102. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 4, Kota (South) |
Kota |
|
103. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 5, Kota (South) |
Kota |
|
Merta Judgeship |
||
|
104. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Merta |
Merta |
|
105. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Nagaur |
Nagaur |
|
Pali Judgeship |
||
|
106. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Pali |
Pali |
|
107. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 2, Pali |
Pali |
|
Pratapgarh Judgeship |
||
|
108. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Pratapgarh |
Pratapgarh |
|
Sawai Madhopur Judgeship |
||
|
109. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Sawai Madhopur |
Sawai Madhopur |
|
Sikar Judgeship |
||
|
110. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Sikar |
Sikar |
|
111. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 2, Sikar |
Sikar |
|
Udaipur Judgeship |
||
|
112. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Udaipur (North) |
Udaipur |
|
113. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 2, Udaipur (North) |
Udaipur |
|
114. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 1, Udaipur (South) |
Udaipur |
|
115. |
Additional Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, No. 2, Udaipur (South) |
Udaipur |
Appendix-'B'
(1) List of Forms Prescribed by the General Rules (Civil), 1986
|
Form No. |
Particulars |
Reference to Rule |
|
1. |
Cause List |
15 |
|
2. |
Receipt Slip |
30 |
|
3. |
List of documents required to be produced under Order VII, Rule 14 and Order XIII, Rule 1 |
39 |
|
4. |
General Index |
39 |
|
5. |
Letter of request to Parliament/Legislature Assembly/Council for production of a document in its custody |
47 |
|
6. |
Notice to Head of Office etc. when summons to a public officer is sent direct for making necessary relieving arrangements |
112 |
|
7. |
Letter forwarding summons for personal attendance of a public official etc. including notice for making relieving arrangements |
113 |
|
8. |
Notice to Head of Department etc. of warrant of arrest against Government Servant etc. |
116 |
|
9. |
Title page or wrapper |
136 |
|
10. |
Order Sheet |
140 |
|
11. |
Part-wise Index |
148 |
|
12. |
List of records transmitted to the record Room |
161 |
|
13. |
Invoice of Records and papers despatched |
162 |
|
14. |
Record-Keeper's report when a record is found to be defective |
167 |
|
15. |
List of Registers, Books and papers transmitted to Record Room |
174 |
|
16. |
Notice to lake back documents |
180 |
|
17. |
Requisition for Record |
160 and 182 |
|
18. |
Form for Transmission of Record |
187 |
|
19. |
Application for inspection of Record |
208 |
|
20. |
Application for a copy of record |
218 |
|
21. |
Notice to applicant to make up deficiency of copying fees |
230 |
|
22. |
Receipt Book of Head Copyist for photostat copies |
249 |
|
23. |
Tender |
260 |
|
24. |
List of unexpended balances of deposited money which are due and have become repayable |
269 |
|
25. |
Application for repayment of deposit |
270 |
|
26. |
Treasury Officer's certificate of non-payment of lost repayment order |
280 |
|
27. |
Receipt of direct payment to parties made in court |
282 |
|
28. |
Report of sale effected by the Collector |
291 |
|
29. |
Certificate for refund of court fee |
320 |
|
30. |
Indent for supply of saleable forms |
396 |
|
31. |
Amin's Receipt Book |
424 |
|
32. |
Payment Order by Amin |
425 |
|
33. |
Security Bond |
433 |
|
34. |
Petition Writer's Licence |
470 |
|
35. |
Notice prohibiting the practice of soliciting, giving or receiving gratification |
506 |
(2) Specimen of Forms prescribed by the General Rules (Civil), 1986
Form No. 1
(Rule 15)
Cause List
Date................Month..............Year
|
Serial Number |
Number and description of case |
Names of parties lawyers |
Purpose |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
|
|
(Printed Part I-5)
Form No. 2
(Rule 30)
Receipt Slip
|
Name and address of petitioner |
Abstract of petition with names of parties |
Court in which filed |
Date fixed for hearing or abstract of order passed |
Date of receipt and signature of official receiving petition |
|
1 |
2 |
3 |
4 |
5 |
|
|
(Printed Part I-2)
Note:-First three columns to be filled in by petitioner.
Form No. 3
(Rule 39)
List of documents required to be produced under Order VII, Rule 14 and Order XIII, Rule 1
In the Court of .....................
Suit Number ............................
....................................................................v.........................................................................
|
Serial Number |
Description of document and parties to the documents |
Date of the document |
Signature of the party or pleader with date |
Whether admitted in evidence or rejected with date |
Exhibit mark if admitted in evidence |
Acknowledgment of part, if rejected and returned |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
(Printed Part I-3)
Form No. 4
(Rule 39)
General Index
|
Original Suit of Case |
.................................................................20............... |
|
Record...................... |
Versus......................... |
Part............. |
|
Part A, B, C or D |
Serial Number of paper |
Description of paper |
Number of sheets in paper |
Court Fees |
Date of admission of paper to record |
State of document |
Remarks |
|
|
Number of Stamp |
Value |
|||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
|
||||||||
Form No. 5
(Rule 47)
Letter of request to Parliament/Legislative Assembly/Council for production
of a document in its custody
To,
The Secretary,
Parliament/Legislative Assembly/Council,
....................................................
Sir,
In case......................V/s.................No...........pending before this Court, document ....................... in the custody of Parliament/Legislative Assembly/Council is required to be produced in evidence on I have satisfied myself that production of original document is necessary. You are therefore requested to make such arrangement that the said document be produced in this Court through some officer/official on ,
Or
Shri ................... designation of your Secretariat is to give evidence before this Court in case No....................... title .............. V/s ............... on You are, therefore, requested to direct Shri .............to appear before this Court on for evidence. The accompanied summons may please be returned after due service on the Officer before the date of hearing.
Yours faithfully,
Presiding Officer
Seal of the Court
Note:- Portion not applicable, be omitted.
(Not Printed)
Form No. 6
(Rule 112)
Notice to Head of Office etc. when summons to a public officer is sent
direct for making necessary relieving arrangements
In the court of...........................at..... ..........................................Versus Case No.......................................of
To,
..............................
..............................
Sir,
I have to inform you that a summons has been issued direct to Shri ................. for his.......................attendance in this court on the..... day of..........
This information is sent to you in order that arrangements may be made for the performance of the duties of the said Shri....................during his absence.
Yours faithfully,
Designation ...........
(Not printed)
Form No. 7
(Rule 113)
Letter forwarding summons for personal attendance of a public official etc.
including notice for making relieving arrangements
In the Court of......................at........... .....................................................................................................Versus................................................................Case No..................................of.........
To,
..................................
..................................
Under the provision of Order V Rule 27 (or 28) of the Code of Civil Procedure, 1908, a summons in duplicate, is herewith forward for service on the defendant ....... who is stated to be serving under you. You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon by you.
As the defendant has been ordered under Order V, Rule 3 to appear in person on the day specified in the summons, this letter should be regarded by you also as notice to make arrangements for the performance of the duties of the said defendant during his absence.
Yours faithfully,
Signature ............
Designation........
(Not Printed)
Form No. 8
(Rule 116)
Notice to Head of Department etc. of warrant of
arrest against Government Servant etc.
In the Court of........................at.............................................................................Versus............................................................................Case No................................of.................................under section
To,
........................
........................
Sir,
I have to inform you that a warrant for the arrest of Shri ............................... who is stated to be sewing under you is being issued by this Court.
Yours faithfully,
Presiding Officer.
(Not Printed)
Form No. 9
(Rule 136)
Title page or Wrapper
1. Name of Court.
2. Kind of case.
3. Title of case.
4. Number and year of case.
5. Date of institution.
6. Date of disposal.
7. Date of consignment of Record room.
8. Date of decision in appeal or revision.
9. Kind of file or part.
10. Class of record
11. (a) Date on which part D is due to be destroyed,
(b) Date on which part D was destroyed.
12. (a) Date on which part C is due to be destroyed,
(b) Date on which part C was destroyed.
13. (a) Date on which part B is due to be destroyed,
(b) Date on which part B was destroyed.
14. (a) Date on which part A is due to be destroyed,
(b) Date on which part A was destroyed.
(Printed Part I-5)
Form No. 10
(Rule 140)
Order-Sheet
Original Suit/Case.............. No.......of 20...
...................................... Versus..............................
|
Record...................... |
Part............. |
|
Date of order |
Order with initials of Presiding Officer |
Brief note of compliance of the Order |
|
1 |
2 |
3 |
|
|
(Printed Part I-6)
Form No. 11
(Rule 148)
Part-wise Index
Original Suit/Case.................of.........20 ....
.........................................Versus............................
|
*Serial Number in part |
Serial Number in General Index |
Brief description of paper |
Number of sheets |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
|
|
Note.-*This serial number in part-wise index is to indicate the order in which papers are placed in the File. It is not to be endorsed on the paper. Only the serial number in the General Index is to be so endorsed.
Form No. 12
(Rule 161)
List of Records Transmitted to the Record Room
|
Serial Number of disposal |
Date of disposal |
Number and year of suit or case |
Date of institution |
Name of parties |
Number of papers on record |
||||
|
A Part |
B Part |
C Parts |
D Part |
Total |
|||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
Details of additions to record made in the record room |
||||||||
|
(i) |
(ii) |
(iii) |
||||||
|
Date |
Particulars |
Number of papers |
Date |
Particulars |
Number of papers |
Date |
Particulars |
Number of papers |
|
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
|
Date of removal of |
Remarks |
|||
|
D Part |
C Part |
B Part |
A Part |
|
|
20 |
21 |
22 |
23 |
24 |
(Printed Part I-8)
Form No. 13
(Rule 162)
Invoice of Records and papers Despatched in the Month of ......... 20.......
|
Invoice Serial Number......... |
S. No. |
Date of despatch |
Number of |
|||||
|
Original suits |
Appeals from Courts of Revenue |
Collections of papers to be jointed to other records |
Miscellaneous judicial cases not relating to suits or other cases |
Miscellaneous non-judicial cases not relating to suits or other cases |
Remarks |
|||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
Ministerial Officer of the Court |
Chief Ministerial Officer of the Court |
|||||||
|
I, Record keeper, acknowledge that on the day of 20...........I received from the Court of the.......of.....the records and papers mentioned in the above form and certify that the number of records or papers of eac...........h class above specified corresponds with the records or papers of each class shown in the lists accompanying the bundle and with those of such class actually received. |
||||||||
|
Dated the..............20...... |
Record-Keeper |
|||||||
(Printed Part I-9)
Form No. 14
(Rule 167)
Record Keeper's Report when a Record is Found to be Defective
Name of Court........................................................
Number and year of the case.................................................................
Kind of case.........................................................
Title................................................................
Versus
.........................................................................
Date of Decision...........
1. Papers Nos. .......... do not correspond with those entered in the General Index.
2. Paper No is not in the file.
3. The document No bears blots, erasures or interlineation other than those noted in column 8 of the General Index.
4. Paper No........... does not bear the stamp entered in column 6 of General Index.
5. Stamp affixed on paper No has not been duly cancelled.
6. On paper No.................the number and aggregate value of the stamps on it have not been recorded.
7. Rules made by the Government for regulating the number of stamps to be used for denoting fees have not been complied with in respect of paper No..............
8. There is some thing suspicious in the appearance of the stamps on paper No..............
9. Order dated..............on paper No.......has not been duly signed.
10. That the receipt for is not in the record.
11. There is no court seal on a paper No...........
12. Paper No is on the file but it has not been entered in the General Index.
13. Paper No.............. should have been stitched to instead of having been stitched to........
14. Aggregate value of the court-fees entered in the certificate by the Munsarim or Reader is wrong.
15. The certificate does not bear the signature of the Munsarim or Reader.
16. In the order sheet there is no order for having the decree prepared and signed.
17. In the order sheet order or orders dated have not been signed by the Presiding Officer or the Munsarim.
18. The documents which do not form part of the record under Rule of the General Rules (Civil), 1986, have not been kept properly in an envelope.
19. Paper No............is on the file without any orders thereon.
20. There is no endorsement on the document admitted in evidence or rejected or inadmissible in evidence as required under Order XIII, Rules 4 and 6.
21.
22.
23.
24.
Record Keeper...........
.............................
Ordered that the above report together with the record of the case be returned to the Court of for removing defects stated above and explanation be called from the Munsarim or Reader who had recorded the certificate under Rule 138 of the General Rules (Civil), 1984.
Dated the day of.....................19.
Signature..............
Designation...........
(Printed Part 1-10)
Form No. 15
(Rule 174)
List of Registers, Books and Papers transmitted to Record Room by the
Court of................................ in the Year 20....
|
Serial No. |
Description of registers, book or paper |
Order by which prescribed |
Period of retention in record room |
Year to which books or papers relate |
Number of books or papers |
Date of receipt by record office |
Date of destruction |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
(Printed Part I-11)
Form No. 16
(Rule 180)
Notice to take back documents
In the Court of .................. Suit/Case No............... of................plaintiff defendant. The parties in this case are hereby required to take back the documents produced by them, being exhibits in the case, before the last day of March/June/September/December, 20.......
If they fail to take them back before that date, the documents will be destroyed as prescribed by the High Court.
Dated.............................................. Presiding Officer of the Court
Note:-This notice should be served upon the pleaders and parties concerned at their last known address, and should be issued in sufficient time to allow the destruction of all the exhibits within the time laid down in the Rules.
(Printed Part I-12)
Form No. 17
(Rules 160 and 182)
Requisition for Record
Court of the..........................at .................
...........................v/s..........
Case No.....................of..........
To,
..............................
..............................
..............................
Dated.......... the............... 20......
Kindly transmit to this Court the record(s) specified below. I have satisfied myself that the production of the original record is actually necessary*. The record(s) should reach this Court before .................... 20 the next date of hearing.
|
Particulars of record sent for |
|||||
|
Of what court |
Kind of case |
No. & Year |
Title |
Date of disposal |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
..................................
Designation..........
*Note.-Original records should not be called at the instance of a private party, if certified copies are admissible in evidence to prove facts, for the proof of which the record is required.
(Printed Part I-13)
Form No. 18
(Rule 187)
Form for Transmission of Record
From
.....................................
.....................................
To,
.....................................
.....................................
Dated...........the......19
Yours requisition letter No.............dated........in.......Case No.........of in your court .......................v/s.................. was received here on................The following record(s) as desired is/are herewith forwarded. Kindly acknowledge receipt of the record(s) on the duplicate of this letter attached hereto. The original record(s) may please be returned without delay after it is/they are done with
|
Particulars of record sent for |
|||||
|
Of what court |
Kind of case |
No. & Year |
Title |
Date of disposal |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|||||
..................................
Designation.............
Acknowledgment of records
The record(s) detailed above was (were) received in this Court on...... and has/have been entered in the Register of Records received under number and date...........
Date.............19
...................
Designation
|
Date of receipt of Record(s) |
Date of return of Record(s) |
Remarks |
|
1 |
2 |
3 |
|
|
No...............
Dated..............19.
From
.....................................................
.....................................................
To,
.....................................................
.....................................................
The record (s) detailed on the reverse is/are returned herewith. Kindly acknowledge receipt.
...........................
Designation.....................
Acknowledgment of receipt of record
No....................
Dated.........
The record (s) detailed on the reverse has/have been received in this Court (Record Room).
..............................
Designation.............
(Printed Part 1-14)
Form No. 19
(Rule 208)
Application for Inspection of Record
In the Court of...........
I beg to apply for permission to inspect the record of the case mentioned below:-
I am*.....................
in the case...................
# Particulars of the record of which inspection is sought-
1. Of what Court.
2. Kind of case.
3. Number and Year.
4. Names of parties
5. Dale of decision (for hearing, if pending).
Signature...................
Note.-*Here enter whether applicant is the plaintiff, defendant etc. or the plaintiffs/defendants agent or counsel, as the case may be -of (if the applicant is not a party-or his agent or counsel) that he is not a party to the case.
#If the applicant is not a party or his agent or counsel, the reasons for which he wants an inspection should be stated here.
(Printed Part 1-15)
Form No. 20
(Rule 218)
Application for a Copy of Record
In the Court of.........
In...................... Case No..........of 20......
.....................................................V/s...........................
Decided on...................
Fixed for hearing............
Kindly grant me certified copies/copy of the papers named in the following list from the record of the above mentioned case for which I tender herewith copying sheets of the value of Rs Paisa...............
The application is*.............
#I am..............in the case.
List
|
Serial Number |
Description of paper of which copy required |
Number of copies required |
Object for which copy is required or ground upon which application should be granted |
|
1 |
2 |
3 |
4 |
|
|
................................
Signature of applicant
Note.-*Here state whether the application is 'urgent' or 'Ordinary'.
# Here state the applicant's status in the case. If he is not a party to the case, state so.
In every application sent by post, the following particulars should be noted-
1. Full address of the applicant.
2. Whether the applicant wants the copy to be sent to him by post. Sufficient stamps should be sent, if the copy is to be sent by post.
(Printed Part 1-16)
Form No. 21
(Rule 230)
Notice to applicant to make up deficiency of copying fees
In the Court of..............;.....
Notice is hereby given that the value of the copying sheets filed with the application in the following case is less than the copying fees leviable and thus, if in any case, the deficiency is not made up by filing additional copying sheets by the day of 19 , the copying application shall be rejected.
|
S. No. |
Date of application |
Serial Number of application |
Name of applicant |
No. and title of case from which copy required |
Value of additional copying sheets required |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
Signature.................
Designation.................
Dated..........
(Not Printed)
|
Form No. 22 |
Form No. 22 |
|||
|
Book No. |
Receipt No. |
Book No. |
Receipt No. |
|
|
Received as advance from |
Received as advance from |
|||
|
Shri...................S/o.................R/o................a sum of Rupees (in words)....................................in application Number..............................for supply of Photostat copy. |
Shri...................S/o.................R/o................a sum of Rupees (in words)....................................in application Number..............................for supply of Photostat copy. |
|||
|
___________Head copyist |
___________Head copyist |
|||
|
Rs................with seal of the Court |
Rs................with seal of the Court |
|||
|
____________
|
____________
|
|||
(Printed Part 1-17)
Form No. 23
(Rule 260)
|
Original Tender |
Duplicate Tender |
Triplicate Tender |
|||||||||||
|
In the Court of........................... |
In the Court of........................... |
In the Court of........................... |
|||||||||||
|
Instructions applicant |
to |
Fill up accurately columns 1 to 4 |
Instructions to applicant |
Fill up accurately columns 1 to 4 |
Instructions to applicant |
Fill up accurately columns 1 to 4 |
|||||||
|
1. Name of party on whose behalf in the money is tendered. |
............... |
1. Name of party on whose behalf in the money is tendered. |
............... |
1. Name of party on whose behalf in the money is tendered. |
............... |
||||||||
|
2. Names of parties and number of the suit |
............... |
2. Names of parties and number of the suit |
............... |
2. Names of parties and number of the suit |
............... |
||||||||
|
3. Nature of payment |
............... |
3. Nature of payment |
............... |
3. Nature of payment |
............... |
||||||||
|
4. Amount tendered |
............... |
4. Amount tendered |
............... |
4. Amount tendered |
............... |
||||||||
|
(Mentioning Head of Account) |
Signature of actual payer |
Signature of Munsarim |
Signature of actual payer |
Signature of Munsarim |
|||||||||
|
Signature actual payer |
of |
Signature of Munsarim |
To the Receiving Officer-Receive and credit the above sum if tendered to you within three days. |
To the Receiving Officer-Receive and credit the above sum if tendered to you within three days. |
|||||||||
|
Stamp |
|||||||||||||
|
Dated |
Dated |
Signature of Presiding Judge |
Dated |
Signature of Presiding Judge |
|||||||||
|
Register No. ….........Court No. …...... |
Received the sum of Rs.............. |
Received the sum of Rs.............. |
|||||||||||
|
General No. ….......Dated............ |
Signature of Receiving Officer. |
Signature of Receiving Officer. |
|||||||||||
|
Signature of Receiving Officer |
Signature of Receiving Officer. |
Signature of Receiving Officer. |
|||||||||||
|
Signature of Munsarim |
N.B. To be given to the payer. |
N.B. To be the Court by the Munsarim or Reader of the Court councerned. |
|||||||||||
(Printed Part I-18)
Form No. 24
(Rule 269)
List of the Unexpanded Balance of Deposit Money
which are Due and have become Repayable
|
Reference To Deposit |
Case |
By whom deposited |
Amount deposited |
Amount disbursed |
Balance due and repayable |
Date of notice |
Signature of Receiving Officer |
Remarks |
|
|
Date |
Number and page of register |
||||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
|
|||||||||
(Printed Part 1-19)
Form No. 25
(Rule 270)
Application for Repayment of Deposit in the Court of...................
(Instruction to applicant-Fill up correctly 1 to 4, leaving the other columns blank)
|
Name of applicant |
Name of parties and number of suit |
Nature of repayment applied for |
Deposit |
Is applicant entitled to the amount claimed? |
Is amount still in deposit and available for present payment to the applicant? |
Serial number and date of repayment order |
Remarks |
||
|
Amount |
Number |
Date |
|||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
Rs. P. |
|||||||||
(Printed Part 1-20)
Form No. 26
(Rule 280)
Treasury Officer's Certificate of Non-payment of Lost Repayment Order
Certified that Bill No dated for Rs. (in words) (Rupees.) reported by (the drawing officer)..............................to have been drawn by him on this Treasury in favour of has not been paid and will not be paid, if presented hereafter.
Dated.....................
Treasury Officer
(Not Printed)
Form No.27
(Rule 282)
Receipt of Direct Payment to Parties made in Court
|
Receipt for immediate disbursement |
Copy of receipt for immediate disbursement |
|||
|
Number of suit |
Number of suit |
|||
|
Signature of recipient |
Stamp |
sd/- |
||
|
Identifying witness |
Signature of |
sd/- |
||
|
In my presence |
In my presence |
|||
|
(To be given to the payer) |
(To be given to the payer) |
|||
|
Presiding Officer |
Presiding Officer |
|||
(Printed Part 1-21)
Form No. 28
(Rule 291)
Report of Sale Effected by the Collector
Report of sale effected by the Collector of..............................................on the day of.............20.....in pursuance of the order of the ...............of......................dated the day of.....20.......
|
Number of execution case |
Name if parties |
Name of judgment debtor whose property has been sold |
Number of lot |
Description of property comprised in lot |
Extent of interest sold as the property of judgment-debtor |
Encumbrances or other matters notified at the sale |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
Name of person declared to be the purchaser |
Amount of purchase money |
Amount of deposit under Order XXI, Rule 34 |
Amount deducted by way of poundage |
Balance held in deposit |
Date on which balance was credited in Civil Court Deposit Account of Treasury |
Remarks |
|
8 |
9 |
10 |
11 |
12 |
13 |
14 |
Note.-If the full amount of purchase money be paid on the day of sale, it will be entered in column 10.
Treasury Officer
Collector
(Not Printed)
Form No. 29
(Rule 320)
Certificate for Refund of Court Fee
|
Part I |
||
|
1. 2. |
Number............................... Date (being date of certificate signed by presiding officer)......... |
|
|
3. |
Number of case and names of parties |
|
|
4. |
Amount of fees paid into court |
|
|
5. |
Date of payment into court |
|
|
6. |
Date of application for refund or payment. |
|
|
7. |
Amount to be- |
(a) refunded.................. |
|
(b) paid............... |
||
|
8. |
Date of order directing refund or payment |
|
|
9. |
Date on which certificate is made over to payee................ |
|
|
10. |
Name of payee........................... |
|
|
11. |
Signature of payee.................... |
|
|
12. |
Signature of person, if any, identifying payee |
|
|
13. |
Rule or Section of Act under which refund is to be made.......... |
|
|
Initials of Presiding Officer |
||
|
Part II |
Part III |
|
||||||||||
|
Certificate for refund or payment of court fees |
Advice of refund or payment |
|
||||||||||
|
Amount |
Amount |
|
||||||||||
|
Name of court |
Number |
Date |
To be refunded |
To be paid |
Name of person to whom the refund or payment should be made |
Remarks |
Name of court |
Number and date of certificates |
Refunded |
Paid |
Date of refunded or payment |
|
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
1 |
2 |
3 |
4 |
5 |
|
Form No. 30
(Rule 396)
Indent of Saleable Forms required for Recouping the Shortage in the Quantity of Forms Fixed as Permanent Advance
|
S. No. |
Number and description of form |
The quantity of form fixed by the High Court as permanent advance |
Balance in hand on date of last indent |
Number since received |
Total of columns 4 and 5 |
Sale since last indent |
Amount of the price of forms sold |
Balance in hand on date of this indent |
Number indented now (column 3 minus column 9) |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
Notes.-(a) Certified that the number of forms in hand is................, and
(b) Certified that the amount mentioned in column 8 has been verified with the aggregate of the amount of price deposited by means of challans and that the challans have been duly cancelled as required by Rule 396.
Signature....................
Designation..................
(Not printed)
Form No. 31
(Rule 424)
Amin's Receipt Book
|
No. |
Date............................ |
No. |
Date.............................. |
|
...….............Case No. …............................of …..........in the court of.......................................... |
….................Case No. ….........................of..............in the court of.......................................... |
||
|
Received from …................................................. |
Received from ….................................................... the Sum of Rs. …..............................(in words) …...........................on account of …...................................... |
||
|
Amin |
Amin |
||
Form No. 32
(Rule 425)
Payment Order by Amin
|
No. |
Date..................... |
No. |
Date....................... |
|
Name of person to whom given................ |
To the Receiving Officer of the Court of the …...............at …....................On or before the ….....................day of …..............please receive from Shri …................son of Shri …................caste …..............resident of ….....................the sum of Rs. …......being proceeds of a sale held by me …...........on the ….......at …..........under the order of …..............No................... dated the …............on case No. …..........title ….............v/s …...................The next date in the case is …........................ |
||
|
Signature and date of the person to whom order is given |
Amin |
||
Form No. 33
(Rule 433)
Security Bond of Nazir, civil court, Amin, process server, Amin's peon etc. when the security is given, in cash, promissory notes or mortgaged and hyphothecated landed property
By this Bond I, A, B of ......... am bound to the Governor of Rajasthan (hereafter called "Governor" which term shall, where the context so admits, include his successors in office and assigns) in the sum of Rs to be paid to the said Governor, for which payment to be made, I bind myself and my heirs, executors or administrators by these presents,
Signed and delivered by myself at this day of 20..........
Whereas the above bounded A, B on his appointment as ............... required by the General Rules (Civil), 1981, to furnish adequate security for the due discharge of his duties in the said appointment.
And whereas the said A, B in consideration of his said appointment (has delivered to and deposited with * .... cash to the extent of Rs.................or (has delivered to and deposited with and endorsed to Government securities to the extent of Rs as set forth in the schedule hereto) or (has mortgaged and hyphothecated the landed property described in the schedule hereto) or (has placed on fixed deposit in the ...) Ltd. to the credit of the sum of Rs............ ) for the purpose of securing and indemnifying the Governor, against all loss or damage which he or they might suffer by reason of any act, default, omission or negligence on the part of the said A, B in the course of the discharge of his duties and obligations.
And whereas the said A, B has entered into the above written Bond in the penal sum of Rs conditioned for the due performance by the said A, B of the duties of his said office and the other duties appertaining thereto or which may be lawfully required of him, and for the indemnity of the said Governor against loss from the acts or defaults of the said A, B.
Now the condition of the above written Bond is such that, if the said A, B, has, whilst he has held the office of always duly performed and fulfilled the said duties of the said office and the other duties aforesaid or if the said A, B shall indemnity the Governor from and all and every loss and damage which, during the time the said A, B. has held executed and enjoyed the said office, has happened then the above written Bond or obligation shall be void and of no effect, otherwise the same shall remain in full force and virtue.
And it is hereby agreed and declared by and between the said A, B and the Governor that, on the vacation by said A. B. of his said office of the above named moneys (where cash is deposited) securities (where promissory notes are deposited) shall not be at once returned to him but shall continue to be held in the manner aforesaid for the term of six months as security against any loss that may have been incurred by the Governor owing to the neglect or default of the said A B and which may not have been discovered until after the vacation of his office by the said A B and if any breach of the conditions of the said Bond is discovered after the repayment (or return) of the said money (or securities or release of the said mortgage) such repayment (or return) (or release) shall not affect the right of the Governor to take proceedings upon the said bond against the said A. B.:
Provided also that the officer in whose name the said sum is placed on deposit in the manner aforesaid may at the request of the said A. B. withdraw the said sum and place the same in like manner as aforesaid in the imperial Bank of India or Ltd.:
Provided that if the said sum or any part thereof is lost by reason of the failure or defalcation of the Bank in which such sum is at any time deposited, neither the Governor nor any officer serving under him shall be in any way liable for such loss and the said A B shall immediately furnish to the Governor either in cash or in such other form as may be permissible under the rules, regulations or orders then in force security equivalent in value to the amount lost in such manner as aforesaid:
Provided also that the interest on the said sum when realised may be paid over to the said A B under the orders of a competent authority.
In witness to the above written Bond and to all the terms and conditions hereinbefore contained, I have here unto set my hands this day of...................20....
Signed by A B in the presence of and of...................
(Not Printed)
Form No. 34
(Rule 470)
(Obverse)
Petition Writer's Licence
In the Court of ....................................................... Judge of......
The petition writer ..................... son of............... hereby authorised to sit in the compound of the Civil Courts at and to write petitions.
The holder of this licence is required to abide by the following rules as condition of the licence remaining in force :-
I. He shall regularly pay a yearly fee of Rs. 5/- (in advance).
II. He shall regularly attend the court.
III. He shall not carry on the profession of a tout as defined in the Legal Practitioners Act, 1879 (XVIII of 1879), or accept the clerkship of a legal practitioner.
IV. He shall not charge remuneration for writing petitions in excess of what is laid down in the scale of fees drawn up by the District Judge, a copy of which must be kept by him in public view.
V. He shall not make any demand from any person in the name of any person or persons connected with court or accept any sum on their behalf.
VI. He shall sign each petition or paper drawn up by him and endorse thereon the amount of fee received by him.
VII. He shall write petitions legibly and observe the instructions relating to the writing of petitions and shall comply with the order of a court as to the amending or redrafting of a petition or other paper drawn up by him.
VIII. He shall not keep any private copy of any petition, plaint of memorandum of appeal which he writes.
IX. On breach of any of the above conditions, the licence shall be cancelled by the Court which granted it after giving sufficient opportunity to the petition writer to explain his conduct.
(Reverse)
Note of payment of Renewal fee
|
Date |
Amount |
Voucher No. and date |
Signature of Judge |
|
1 |
2 |
3 |
4 |
|
|
(Printed Part 1-25)
Form No. 35
(Rule 506)
Notice Prohibiting the Practice of Soliciting, Giving or Receiving Gratification
Any peon, process-server or other public servant employed in this Court, who solicits, or receives any gratification from, or on behalf of, any suitor, will be summarily dismissed, and may also be criminally prosecuted, and any person giving such gratification renders himself liable to prosecution under the Pena! Code.
Station:
Date:
Officer's Signature
Court's Designation
(Not Printed)
Appendix-'C'
(1) List of Registers prescribed by the General Rules (Civil), 1986
|
Register No. |
Description |
Reference to Rule |
|
1 |
Staff Attendance Register: (i) Ministerial staff (ii) Non-ministerial staff (iii) Process-servers. |
9 |
|
2 |
Judge's Attendance Register |
14 |
|
3 |
List (Register) of Legal Practitioners authorised to execute Commissions |
65 |
|
4 |
Register of Commissions issued |
65 |
|
5 |
Register of Affidavits verified by Munsarim or Reader |
73 |
|
6 |
Register of Affidavits verified by Oath Commissioner |
74 |
|
7 |
Register of Process-server's Diary |
128 |
|
8 |
Register of requisition for records |
188 |
|
9 |
Register of application for information |
201 |
|
10 |
Register of inspection of records |
216 |
|
11 |
Register of applications for copies |
226, 231, 247 |
|
12 |
Register of records handed-over to copyist |
226 |
|
13 |
Register of applications for copies disposed of |
235 |
|
14 |
Register of applications for Photostat Copies |
249 |
|
15 |
Cash Book for Photostat Copies |
249 |
|
16 |
Register of Receipts of Deposits |
258 |
|
17 |
Register of Repayments of Deposits |
258 |
|
18 |
Register of Petty Receipts and Repayments |
258 |
|
19 |
Register of Applications for Repayment Orders |
258 |
|
20 |
Register of Applications for Refund of Lapsed Deposits |
258 |
|
21 |
Deposit Cash Book (Subsidiary) |
258 |
|
22 |
Register of Revenue Receipts |
258 |
|
23 |
Register of Money Orders received |
258 |
|
24 |
Register of Payments made by Postal Money Order/Bank Draft |
258 |
|
25 |
Register of Tenders (Challans) |
258 |
|
26 |
Acquittance Roll |
258 |
|
27 |
Cash-Book (General) |
258 |
|
28 |
Register of Contingent charges |
258 |
|
29 |
Register of Salary Bills |
258 |
|
30 |
Register of T.A. Bills |
258 |
|
31 |
Register of Invoices |
258 |
|
32 |
Establishment Order-Book |
294 |
|
33 |
Register of Articles deposited with Nazir |
296 |
|
34 |
Register of Civil Suits |
324 |
|
35 |
Register of Civil Suits disposed of |
324 |
|
36 |
Register of Execution Applications |
324 |
|
37 |
Register of Execution Applications disposed of |
324 |
|
38 |
Register of Miscellaneous Judicial Cases not relating to other cases |
324 |
|
39 |
Register of Returned Documents |
324 |
|
40 |
Register showing the classification and value of suits instituted |
324 |
|
41 |
Register of Miscellaneous Cases (Judicial) relating to other cases |
324 |
|
42 |
Register of persons committed to jail |
324 |
|
43 |
Register of proceedings taken in execution of orders |
324 |
|
44 |
Register of records Requisitioned and Returned |
324 |
|
45 |
Register of Persons summoned and examined |
324 |
|
46 |
Register of Injunctions and Stay Orders |
324 |
|
[46A |
Register of closed registers |
324] |
|
47 |
Memorandum Book of dates for cases |
325 |
|
48 |
Register of Appeals from Decrees |
327 |
|
49 |
Register of Appeals from Decrees disposed of |
327 |
|
50 |
Register of Miscellaneous Appeals |
327 |
|
51 |
Register of Miscellaneous Appeals disposed of |
327 |
|
52 |
Register of Revision Cases under the Gram Panchayat Act |
328 |
|
53 |
Register of Revision Cases under Rajasthan Relief of Agricultural Indebtedness Act, 1957 |
328 |
|
54 |
Gradations List of Establishment of Judgeship |
329 |
|
55 |
Process Register |
330 |
|
56 |
Register of Peons (Process-servers) |
330 |
|
57 |
Despatch Register (Local) |
330 |
|
58 |
Despatch Register (Postal) |
330 |
|
59 |
Register of Orders issued to Amins |
331 |
|
60 |
Amin's diary |
332 |
|
61 |
Amin's Proceeding Register |
332 |
|
62 |
Amin's Property Register |
332 |
|
63 |
Amin's Cash Register |
332 |
|
64 |
Register of Court-fees and Process-fees |
333 |
|
65 |
Register of Casual Leave |
334 |
|
66 |
General Register of Correspondence files and the closed files |
355 to 366 |
|
67 |
Register of Letters received |
357 |
|
68 |
Register of Letters issued |
358 |
|
69 |
Register of General Letters and Circulars |
367 |
|
70 |
Form not available in the Rules |
|
|
71 |
Form not available in the Rules |
|
|
72 |
General Register of Books |
379 |
|
73 |
Register of Periodicals received |
379 |
|
74 |
Registrar of Classified catalogue of Books |
379 |
|
75 |
Register of Books issued from Library |
383 |
|
76 |
Stock-Book of Non-saleable printed forms |
398 |
|
77 |
Register of saleable forms |
399 |
|
78 |
Stock book of stationery articles |
402 |
|
79 |
Register of securities |
438 |
|
80 |
Register of recognised clerks of pleaders |
460 |
|
81 |
Register of Petitions to be maintained by Petition-Writers |
476 |
|
82 |
Register of Licensed Petition Writers |
478 |
|
83 |
Stock-Register |
510 |
(2) Specimen Forms of Registers prescribed by the General Rules (Civil), 1986
Register No. 1
Staff Attendance Register
(Rule 9)
|
S.No. |
Name of Official |
Initials and Time of Arival in Office on |
Remarks |
|
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 |
|||
|
|
Note.-The attendance of class IV servants and process servers shall be marked by person maintaining the Register.
(Printed Part II-1)
Register No. 2
Judge's Attendance Register
(Rule 14)
|
Date |
Time of Arrival |
Time of Departure |
Remarks |
||
|
In Chambers |
In Court |
From Court |
From Chamber |
||
|
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|||||
(Printed Part II-2)
Register No. 3
List (Register) of Legal Practitioners Authorised to Execute Commissions
(Rule 65)
|
S. No. |
Date of entry |
Name of Legal Practitioner |
Reference to number and date of District Judge's order |
Initial |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
|
(Not printed)
Register No. 4
Register of Commissions Issued
(Rule 65)
|
Serial Number |
Date of Issue |
Particulars of case in which commission is issued |
Name of the Commissioner |
Commissioner's fee paid |
Date of submission of Commissioner's Report |
Initials of Presiding Officer |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
(Printed Part II-3)
Register No. 5
Register of Affidavits Verified by the Munsarim or Reader
(Rule 73)
|
S. No. |
Date and time of making the affidavit |
Title and number of the case |
Full particulars of the person making the affidavit |
Particulars of the person identifying him |
Valuation of the stamp affixed on the affidavit |
Initials of Presiding Officer |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
(Printed Part II-4)
Register No. 6
Register of Affidavits Verified by the Oath Commissioner
(Rule 74) ;
|
S. No. |
Date of time of making the affidavit |
Particulars of the case to which the affidavit relates |
Full particulars of the person making the affidavit |
Particulars of the person identifying him |
Fee paid |
Name of the Oath Commissioner before whom the affidavit is sworn |
Signature of the Oath Commissioner |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
|
(Not printed)
Register No. 7
Register of Process-server's Diary
(Rule 128)
|
Date |
Particulars of work and time spent thereon |
Signature of Nazir (or of Patwari or any Respectable person) |
Remarks |
|
1 |
2 |
3 |
4 |
(Printed Part II-5)
Register No. 8
Register of Requisition for Records
(Rule 188)
|
Particulars of case for which required |
Particulars of record requisitioned |
||||||||||
|
Serial Number |
Date of receipt of requisition |
Number and date of requisition |
Nam e of Court sending for record |
Number and year |
Title |
Kind of case |
Date of hearing |
Of what court |
Number and year of case |
Kind of case |
Title |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
|
Title |
Date of disposal |
Date by which record is required |
Date of transmission |
Date of return of record |
Date of restoration of record |
Remarks |
|
13 |
14 |
15 |
16 |
17 |
18 |
19 |
(Printed Part II-6)
Register No. 9
Register of Application for Information
(Rule 201)
|
S. No. |
Date of application |
Name of applicant |
Particulars of the case about which information is sought |
Particulars of the information asked |
Date of disposal of application |
Information supplied |
Information not supplied |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
(Printed Part II-7)
Register No. 10
Register of Inspection of Records
(Rule 216)
|
S. No. |
Date of application |
Value of Stamp on application |
Whether the applicant is |
Particulars of the record of which inspection is sought |
||||||
|
Name of applicant |
A party of his agent |
A Stranger |
Of what Court |
Kind of case |
Number and year of case |
Title of case |
Date of decision or hearing |
|||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
|
Dare and hour when application received by officer-in-charge of record |
Date and hours of receipt of record by inspection Clerk |
Inspection made on |
Date and hour of return of record by Inspection Clerk |
Acknowledgement by Records Clerk |
Remarks |
|
12 |
13 |
14 |
15 |
16 |
17 |
(Printed Part II-8)
Register No. 11
Register of Applications for Copies, Estimate of Copying Charges for Maps, Plans etc. and Number of Words Copied by Copyists
(Rules 226, 231 & 247)
|
S. No. |
Date of application |
Value of Court fee on copying folios filed |
Name of applicant |
Whether |
Paper or papers of which copy applied for |
Date on which defects, if any removed by the applicant |
Sanctioned estimate in case of plan, map etc. and signature of the officer |
||
|
Ordinary |
Urgent |
Party |
Stranger |
||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
Particulars of record from which copy applied for |
Value of court-fee on application for copy |
Date and hour when application received by the record keeper or clerk-in-charge of record |
Date and hour when record was received b the Head copyist |
Date and hour on which record was returned by the Head Copyist |
Last date fixed for delivery of copy |
Date on which notice if any regarding preparation of copy pasted on Notice Board |
Name of copyist and the number of words copied |
Date of delivery of copy and serial number of the disposal Register |
Remarks |
||
|
Title of case |
Number and year of case |
Kind of case |
|||||||||
|
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
20 |
21 |
22 |
(Printed Part II-9)
Register No. 12
Register of Records Handed-over to Copyist
(Rule 226)
|
S. No. |
Number and date of copying application |
Date and hour on which application received by the records clerk |
Date and hour on which records sent to Head copyist |
Particulars of record send |
Remarks |
||||
|
Name of Court |
Kind of case |
Number and year |
Date of decision or Hearing |
Acknowledgement of Head Copyist |
|||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
(Printed Part II-10)
Register No. 13
Register of Applications for Copies Disposed of
(Rule 235)
|
S. No. of disposal |
Date of disposal |
Date of application |
S. No. of application at which entered in the Register of applications (Reg. No. 11) |
Name of applicant |
Period taken in Preparation of copy |
Copy not prepared |
|
|
|
In ordinary application |
In urgent application |
|||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
|
||||||||
|
Amount of copying fees paid |
Amount of copying fees ordinarily payable in copies issued free |
Signature of recipient or dispatch No. of copy sent by post |
Amount of copying-fee refunded, if paid in excess |
Remarks |
||
|
Ordinary copies |
Urgent copies |
Ordinary copies |
Urgent copies |
|||
|
Rs.P. |
Rs.P. |
Rs.P. |
Rs.P. |
|||
|
9 |
10 |
11 |
12 |
13 |
14 |
15 |
(Printed Part II-11)
Register No. 14
Register of Applications for Photostat Copies
(Rule 249)
|
S. No. |
Date of presentation of application |
Name of application |
Paper or papers of which Photostat copy is applied for |
Particulars of record from which copy applied for |
Value of Court fee on application |
Date and hours when application received by Record-keeper or Clerk in-charge of record |
|||
|
Party |
Stranger |
Title of case |
No. & year of case |
Kind of case |
|||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
|
|||||||||
|
Date of hour when record was received by Head Copyist |
Date and hour on which the record was returned by Head Copyist |
Amount of fee paid |
No. of entry in cash book for Photostat copy (Reg. No. 15) |
Name of Photostat copier |
Date fixed for issue of copy |
Date of issue of notice to the applicant (if issued) |
Date of delivery of copy |
Remarks |
|
|
In copying stamp |
In cash |
||||||||
|
Rs. Rs. |
Rs. Rs. |
||||||||
|
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
20 |
|
|
|||||||||
(Printed Part II-12)
Register No. 15
Cash-Book for Photostat Copies
(Rule 249)
|
Receipts |
|||||
|
Date |
Serial No. of application entered in Register No. 14 |
Name of applicant |
Particulars of the case |
Amount |
Receipt No. and Date |
|
Rs. P. |
|||||
|
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|||||
|
Payment |
Amount paid to the Photostat copier |
amount refunded to applicant, if any, balance left |
Initials of Presiding Officer |
Remarks |
|
|
Date |
Name of the Photostat copier |
||||
|
6 |
7 |
8 |
9 |
10 |
11 |
|
|
|||||
(Printed Part II-13)
Register No. 16
Register of Receipts of Deposits in the Court of...........20... .
(Rule 258)
|
Details of Deposits |
||||||||
|
S. No. of deposit |
Date of deposit |
From whom received |
Name of Court Ordering deposit |
Number and year of case |
Kind of case |
Title of case |
Nature of Deposit* |
Amount of deposit |
|
Rs. P. |
||||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
Initials of Munsarim |
Initial of Judge |
Number and date of repayment order |
Details of Repayments |
||||
|
Amount |
Initials of Judge |
Treasury Voucher No. |
Number and date of repayment order |
Amount |
|||
|
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
Note.-* The entry should be sufficient to explain why the amount is deposited.
|
Initial of Judge |
Treasury Voucher |
No. and date of repayment order |
Details of Repayments |
|||
|
Initials of Judge |
Treasury Voucher Number |
Lapsed and credited to Government |
Amount |
|||
|
18 |
19 |
20 |
21 |
22 |
23 |
|
|
|
||||||
|
Initials of Judge |
Treasury Voucher Number |
Lapsed and credited to Government |
|||
|
Total Repayment |
Date |
Amount |
Remarks |
||
|
26 |
27 |
28 |
29 |
30 |
31 |
|
|
|||||
(Printed Part II-14)
Register No. 17
Register of Repayments of Deposits of the Court of 20........
(Rule 258)
|
Details of Deposits |
Amount Repaid |
|||||||
|
S. No. |
Date |
Number as per Register of Receipts |
Amount of balance of deposit |
Date of present payment |
Number of repayment Voucher or cheque number |
To whom paid |
In cash |
By Transfer |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
Initial |
Treasury Voucher No. |
|||
|
Nazir (Accounts clerk) |
Judge |
Number and Date |
Item number of the cash book |
Remarks |
|
10 |
11 |
12 |
13 |
14 |
(Printed Part II-15)
Register No. 18
Register of Petty Receipts and Repayments
(Rule 258)
|
Receipts |
|||||||
|
Date |
Courts |
S.No. |
Name of Payer |
Name of Parties |
Nature of Receipts |
Amount |
Daily Total |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
Repayments |
|||||||
|
Date |
S.No. |
S. No. of Receipts |
Amount |
Signature of recipient |
Daily total |
Munsarim's Signature |
Remarks |
|
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
(Printed Part II-16)
Register No. 19
Register of Applications for Repayment Orders in the Court of......
(Rule 258)
|
Serial No. |
Date of application |
Particulars of the case |
Name of applicant |
Amount |
||
|
Number and year of case |
Kind of case |
Titles of case |
||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
||||||
|
If sent to Nazrat |
If sent to Record Room |
If sent to other court |
Date of issue of Repayment order |
Signature of presiding officer |
Remarks |
|||
|
Date of Despatch |
Date of return |
Date of Despatch |
Date of return |
Date of Despatch |
Date of return |
|||
|
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
|
|
||||||||
(Printed Part II-17)
Register No. 20
Register of Application for Refund of Lapsed Deposits in the Court .......20.....
(Rule 258)
|
S.No. |
Date of application |
Particulars of the case |
Amount |
Serial Number and the date of the Register of Receipt of Deposits |
|||
|
Number & year of case |
Kind of case |
Titles of case |
Name of the applicant |
||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
S. No. and the date of the list of lapsed deposits |
Number and date of reference to the A.G. (T.O. (O.J.) |
Date of receipt of A.G.'s/T.O.'s sanction |
Date of delivery to applicant of refund order |
Acknowledgement of the applicant |
Signature of the Presiding Officer |
Remarks |
|
9 |
10 |
11 |
12 |
13 |
14 |
15 |
Register No. 21
Deposit Cash Book (Subsidiary) in the Court of ........20....
(Rule 258)
|
Receipts |
||||||
|
Date |
Item Number |
Court |
Particulars |
Amount |
Initials of Presiding Officer |
|
|
Cash |
Treasury |
|||||
|
Rs. P. |
Rs. P. |
|||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
||||||
|
Repayments |
||||||
|
Date |
Item Number |
Court |
Amount |
Initials of Presiding Officer |
Remarks |
|
|
Cash |
Treasury |
|||||
|
Rs. P. |
Rs. P. |
|||||
|
8 |
9 |
10 |
11 |
12 |
13 |
14 |
|
|
||||||
(Not Printed)
Register No. 22
Register of Revenue Receipts
(Rule 258)
|
S. No. |
Date of realisation |
S. No. of Tender Register |
Treasury Voucher |
Particulars of the case |
|||
|
Number |
Date |
Number and year of case |
Kind of case |
Title of case |
|||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
Name of party paying |
Act and section under which payment is made |
Sale proceeds of unclimaed and escheated property |
Court fees realised in cash (including process servers and Amin's fees, recoveries on account of pauper suits) |
General fees |
Stamp Duty Penalty |
||
|
Fines and forfeitures |
Duty |
Penalty |
|||||
|
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
|
Miscellaneous fee and fines |
Recoveries of over payment |
Collection of payment for services rendered |
Initials of Munsarim |
Remarks |
||
|
Recod Room receipts |
Other receipts |
Miscellaneous |
||||
|
17 |
18 |
19 |
20 |
21 |
22 |
23 |
(Printed Part II-19)
Register No. 23
Register of Money Orders Received
(Rule 258)
|
Date |
Number and date of money order |
From whom received |
On what account |
Particulars of the case |
Amount of Money Order |
Number and date of entry |
Name or Number of register in which receipt is entered |
Remarks |
||
|
Number and year |
Kind |
Title |
||||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
(Not Printed)
Register No. 24
Register of Payments made by Postal Money Order/Bank Draft
(Rule 258)
|
S. No. |
In whom favour and on what account with reference to bill |
Address to which sent |
Amount payable |
Commission if deducted |
Net amount paid |
Reference to entiy in cash-book |
Postal receipt/ Bank Draft |
Payees acknowledgement |
Remarks |
|
|
No. |
Date |
|||||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
|
|
||||||||||
(Not Printed)
Register No. 25
Register of Tenders (Challan) for the Money Tendered in the Court of...... 20...
(Rule 258)
|
Date |
Serial Number of tender (Challan) |
From whom received |
Nature of receipt |
Amount tendered |
Date |
In Court |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
|
In Tresury |
Number and date of voucher (Challan) |
Serial No. & date of deposit register |
Initials of receiving officer |
Initials of Munsarim |
Initials of Judge |
Remarks |
|
8 |
9 |
10 |
11 |
12 |
13 |
14 |
|
|
(Printed Part II-20)
Register No. 26
Acquittance Roll of........ for...... 20...
(Rule 258)
|
S. No. |
Name |
Designation |
Rate of pay |
Net amount payable |
Name of month |
Name of month |
Name of month |
|||
|
Amount |
Receipt |
Amount |
Receipt |
Amount |
Receipt |
|||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
(Printed Part II-21)
Register No. 27
Cash Book (General)
(Rule 258)
|
In the Court of... |
|||||||||
|
Date |
No. of receipt where necessary |
Particulars |
Rs. P. Pay |
Rs. P. Allowances |
Contingencies |
Rs. P. Miscellaneous |
Rs. P. Total |
Rs. P. classification |
|
|
Rs. p. In recoupment of permanent advance |
Rs. P. Advance payment |
||||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
|
|||||||||
|
Month.......... |
||||||||||
|
Date |
Sb-vourcher number |
Particulars |
Rs. P. Pay |
Rs. P. Allowances |
Contingencies |
Rs. P. Miscellaneous |
Rs. P. Total |
Rs. P. classification |
Remarks |
|
|
Rs. p. Out of permanent advance |
Rs. P. Out of money drawn in anticipation of payment |
|||||||||
|
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
20 |
21 |
|
|
||||||||||
(Printed Part II-22)
Register No. 28
Register of Contingent Charges of the...... District for the year 20...
(Rule 258)
|
Date |
To whom paid Appropriation for each Head |
No. of |
||||||||
|
Sub-vourcher |
Containgent abstract |
|||||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
|
|
||||||||||
|
Unusual Charges |
Total of each contigent abstract |
Total of each month's Contigent Bill |
Date of Detailed Bill |
Date of admission with initials |
||||||
|
Description |
Amount |
|||||||||
|
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
20 |
21 |
|
|
||||||||||
(Printed Part II-23)
Register No. 29
Register of Salary Bills
(Rule 258)
Court of.........20 .
|
No. |
Date |
Brief particulars |
Gross Bill |
Passed in Audit |
Undisbursed pay refunded |
Remarks |
||
|
Amount |
Bill |
|||||||
|
No. |
Date |
|||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
|
||||||||
(Printed Part II-24)
Register No. 30
Register of T.A. Bills of Court of for the year....... 20 ....
Budget Allotment.......
(Rule 258)
|
No. |
Date |
Brief Particulars |
Amount claimed |
Amount passed in Audit |
Balance of Allotment |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
(Printed Part II-25)
Register No. 31
Register of Invoices
(Rule 258)
Court of..... Year 20..
|
S. No. |
Date of receipt |
Invoice |
From whom received |
Ledger Folio |
Amount Rs. P. |
Date of Return |
Adjustment Advice |
Cash Payment |
Ledger Folio |
Remarks |
||||
|
No. |
Date |
No. |
Date |
Date |
Cash Book Voucher |
Amount Rs. P. |
||||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
|
|
||||||||||||||
(Printed Part II-26)
Register No. 32
Establishment Order-Book
(Rule 294)
|
S. No. |
Name of post |
Sanctioned scale of pay |
Name of outgoing incumbent and his pay |
Nature of vacancy |
Period of vacancy |
Orders passed by District Judge |
Date when last incumbent relieved |
Date when new incumbent took over |
Remarks |
||
|
Name of person appointed |
Period of which appointed |
Salary |
|||||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
|
|
|||||||||||
(Not Printed)
Register No. 33
Register of Articles Deposited with Nazir
(Rule 296)
|
S. No. |
Number & year of case |
Title of case |
By whom deposited |
Nature of deposit |
List of articles deposited |
Date of deposit |
Date of disposal |
Number and date of order of Court |
Nature of disposal |
Signature of recipient, if any |
Initials of Judge |
Remarks |
||
|
S. No. |
Description |
Weight |
||||||||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
|
|
||||||||||||||
(Printed Part II-27)
Register No. 34
Register of Civil Suits
(Rule 324)
|
Date of Institution |
How instituted, i.e. Originally instituted O. IX, Rule 4 |
Number of Suit |
Name, description and place of abode of plaintiff |
Name, description and place of abode of defendant |
Cause of action |
Demand of relief |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
|
Value of claim |
Date fixed for parties to appear |
Judgment |
Appeal |
|||
|
Date |
For whom |
For what or amount |
No. and date of appeal |
Date and purport of judgment in appeal |
||
|
8 |
9 |
10 |
11 |
12 |
13 |
14 |
|
|
||||||
Register No. 34 (Contd.)
|
Appeal from Appellate decee |
Execution |
||||
|
No. and date of appeal |
Date and purport of Judgment in appeal |
Number and date of application |
Date of order |
Against whom |
For what and amount if any |
|
15 |
16 |
17 |
18 |
19 |
20 |
|
|
|||||
|
Return of Execution |
Remarks |
||||
|
Amount of Costs |
Amount paid into Court |
Arrested |
Minute of other return the payment or arrest, and date of every return. |
Appeal, if any, against order in execution and if so, the result. |
Here note particulars of order under: |
|
21 |
22 |
23 |
24 |
25 |
26 |
|
|
|||||
1. All suits when instituted in a Court shall, in the Register of that Court, receive a serial number of the year of institution, and such serial number shall, in all subsequent entries relating to such suit, continue to be the serial number of the sits, as for instance, a suit No. 10 of 1908, is remanded under Order. XL1, Rule 23 of Act No. V of 1908, on the 1st August, 1891. On the receipt of such order of remand, the suit shall be entered in the register of the then current year as No. 10 of 1890. In such case Presiding Officer of the Court shall appoint the officer of the Court whose duty it shall be to fill up the columns of this form.
2. The entry in column 6 should, besides the date of cause of action, show the nature of the suit such as a suit on bond, payment demanded and refused, or for possession of land sought and denied, etc. etc.
3. A plaint in a suit where a minor is impleaded as a defendant shall be entered at once in this register, if the plaint is found to be in order.
(Printed Part II-28)
Register No. 35
Register of Civil Suits Disposed of
(Rule 324)
|
S. No. |
Date |
Number of Suit and Names of parties |
Value |
Date of Institution |
How disposed |
|||
|
Without trial |
Ex-parte |
On admission |
||||||
|
Under Order IX Rules 3 and 8 Civil Procedure Code |
Other-wise |
Aggregate number of days suits remained pending |
Aggregate number of days suits remained pending |
|||||
|
Aggregate number of days suit remained pending |
Otherwise |
|||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
How disposed of |
Whether disposed at first hearing |
Number of Adjournments, if any |
Number of papers on the record |
Remarks |
|||||
|
Compromised |
After full Trial |
On reference to arbitration |
By transfer |
||||||
|
Aggregate number of days suits remained pending |
Judgment for plaintiff |
Judgment for defendant |
Aggregate number of days suits remained pending |
Aggregate number of days suits remained pending |
Aggregate number of days suits remained pending |
||||
|
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
The entires in this register shall be totalled monthly, quarterly and annually.
(Printed Part II-29)
Register No. 36
Register of Execution Applications
(Rule 324)
|
Date of application |
Number of application in this register |
S. No. and year of institution of suits |
Name of the parties to the application |
Date of Decree or order |
Name of Court which passed the decree |
Date of last preceding application if any, for execution |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
|
Amount, property or other relief sought to be obtained by execution |
Cost incurred after institution of application not in column 8 |
Amount property or other relief obtained by execution |
Amount property or other relief not obtained by execution |
Date of disposal |
Remarks |
|
8 |
9 |
10 |
11 |
12 |
13 |
|
|
(Printed Part II-30)
Applications under Section 39 of Act No. V of 1908, though not themselves application shall also be entered in this register but in red ink so that they may not be included in the totals of applications for execution. Copies of decrees and orders received under Order XXI, Rule 6, shall be entered in red ink.
An entry sail be made in the register of every oral application made under Order XXI, Rule 11.
Precepts under Section 46 of Act No. V of 1908 shall be treated like applications under Section 39 by the Court issuing them and like applications for execution by the Court receiving them for necessary action.
Register No. 37
Register of Execution Applications Disposed of
(Rule 324)
|
Serial number of disposal |
Date of disposal |
Number of applications and names of the parties (see columns No. 2 & 4 on Register No. 36 |
Whether decree or order was transferred to another court under Section 39 |
Whether the application was wholly in-fructuous |
Whether satisfaction was obtained in full |
Whether satisfaction was obtained in part |
Whether satisfaction was obtained through the Court |
Whether adjustment was made under Order XXI, Rule 2 |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
|
|
Whether satisfaction was obtained with the issue of process |
Whether satisfaction was obtained with the issue of process |
Amount realized |
Whether the judgment debtor was imprisoned |
Name and designation of the judgment debtor whose salary was ordered to be withheld under Order 21, Rule 48 |
Amount of judgment debt for which salary is ordered to be withheld |
Amount of salary ordered to be withheld |
Amount realized under Order |
|
|
With the issue of process |
Without the issue of process |
|||||||
|
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
|
|
||||||||
(Contd....)
Register No. 37 (Contd....)
|
Whether the judgment debtor's other immovable property |
Whether specific performance was enforced |
Whether possession was given |
Whether partition was effected Section 54 |
|||
|
Was sold |
Was dealt with under Order XXI, Rule 83 |
Was attached bud subsequently released under Order XXI, Rule 55 |
Of movable Order XXI, Rule 31 |
Of movable Order XXI, Rule 36 |
||
|
19 |
20 |
21 |
22 |
23 |
24 |
25 |
|
|
||||||
|
Proclamations if any, published in Gazette and new a papers under Order XXI Rule 67 |
Cost of maintenance and custody while under attachment of livestock and other movable property |
Remarks |
||||
|
Whether execution was effected otherwise then in preceding columns and if so, how |
Number |
Costs |
For services of labour |
Other cost |
Number of papers on the record |
|
|
26 |
27 |
28 |
29 |
30 |
31 |
32 |
|
|
||||||
In this register the entries shall be totalled monthly, quarterly and annually.
Adjustment certified under Order XXI, Rule 2 of Act No. V of 1908 shall be entered in column 9 of this register when there has been an application for execution under Order XXI, Rule 8 and 10 but not otherwise.
Application on which salaries of public officers and Railway servants have been ordered to withheld under Order XXI, Rule 48 are to be entered in red ink.
Note.-In columns 10, 11, 12 and 13 the word "process" means any process of a Civil Court as order of attachment for instance, as well as warrant of arrest.
(Printed Part II-31)
Register No. 38
Register of Miscellaneous Judicial Cases not relating to Other Cases
(Rule 324)
|
Date of institution |
How instituted i.e.:- Order IX, Rule 4, Order IX Rule 9, |
Number of case |
Name, description and place of abode of plaintiff or appellant |
Name, description and place of abode of defendant or opposite party |
Nature of case |
Date of disposal |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
Register No. 38 (Contd...
|
How Disposed of |
||||
|
Without trial |
Ex-parte |
On addition on claim |
Compromised |
|
|
Under Order |
Other wise |
|||
|
Aggregate number of days suit remained |
Aggregate number of days suit remained |
Aggregate number of days suit remained pending |
Aggregate number of days suit remained pending |
Aggregate number of days suit remained |
|
8 |
9 |
10 |
11 |
12 |
|
|
||||
|
How disposed of |
||||||
|
After full Trial |
On reference to arbitration |
By transfer |
Appeal |
|||
|
Judgment for plaintiff |
Judgment for defendant |
Aggregate number of days suit remained pending |
Aggregate number of days suit remained pending |
Aggregate number of days suit remained pending |
Number and date of appeal |
Date and purport of judgment in appeal |
|
13 |
14 |
15 |
16 |
17 |
18 |
19 |
|
|
||||||
Register No. 38 (Contd....)
|
Appeal from Appellate decree |
Execution |
|||||
|
Number and date of appeal |
Date and purport of judgment in appeal |
Number and date of application |
Date of order |
Against whom |
For what and amount, if any |
Amount of costs |
|
20 |
21 |
22 |
23 |
24 |
25 |
26 |
|
|
||||||
|
Return of Execution |
Remarks |
||
|
Amount of paid into court |
Arrested |
Minutes of other return than payments of arrest and date of every return |
Here note particulars of order under - |
|
27 |
28 |
29 |
30 |
|
|
|||
Note.-This form shall be used for the following proceeding, when these do not relate to or arise of suits or otherwise.
(1) Order rejecting or returning plaints or memoranda of appeal which have not been entered in the Register of Suits 01 of Appeals.
(2) Miscellaneous criminal proceedings under Sections 195, 340, 343 and 345 (1) of Act No. II of 1973 when not arising out of suits or other cases.
(3) Commissions under Order XXVI, Rule 4 of Act No. V of 1908 for the examination of witnesses, received from other Courts and executed by the Court.
(4) Applications under Order XXX, Rule 1, and Order XLV, Rule 1 for permissions to sue or appeal as pauper, when rejected.
(5) Uncontested applications for probates and letters of administration under Act No. XXXIX of 1925, and applications for the revocation of such probates or letters.
(6) Cases under Section 14 of Act No. XVIII of 1879.
(7) Applications under Sections 83 of Act No. IV of 1882.
(8) Applications under Act No. VIII of 1890.
(9) Cases, not being/suits or proceeding in suits under the Land Acquisition Act.
(10) All other judicial proceedings in Civil Courts not relating to or arising out of suits, appeals or the execution of a decree or order passed in a suit or appeal. This form shall be used for the above case and for no other cases, and shall be maintained, mutatis mutandis in the same manner as the Register of Civil suits.
(Printed Part II-32)
Register No. 39
Register of Returned Documents
(Rule 324)
|
Serial Number |
Name of Court in which document filed |
Number and year of case |
Kind of case |
Name of parties |
Description of documents with date |
Names of parties to or named in the document |
Date when document filed |
Date of order for return |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
Date of actual return |
Signature of officer ordering return |
Name of party to who, document returned |
Signature of the person receiving the document |
Signature of witness before whom document returned and who identified the recipient |
Signature of official making return |
Whether certified copy of document was submitted for original under Order XIII, Rule 9 |
Remarks |
|
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
(Printed Part II-33)
Register No. 40
Register Showing the Classification and Value of Suits Instituted
(Rule 324)
|
Serial Number |
Date of institution |
Plaintiff |
Defendant |
Value |
Value not exceeding Rs. 10/- |
Value not exceeding Rs. 50/- |
||
|
Suits for money or movables |
Title and other suits |
Suits for money or movables |
Title and other suits |
|||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
|
||||||||
|
Value not exceeding Rs. 100/- |
Value not exceeding Rs. 500/- |
Value not exceeding Rs. 1000/- |
Value not exceeding Rs. 5000/- |
Value not exceeding Rs. 10000/- |
|||||
|
Suits for money or movables |
Title and other suits |
Suits for money or movables |
Title and other suits |
Suits for money or movables |
Title and other suits |
Suits for money or movables |
Title and other suits |
Suits for money or movables |
Title and other suits |
|
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
|
|
|||||||||
(Contd....)
Register No. 40 - (Contd....)
|
Value not exceeding Rs. 1,00,000/- |
Value exceeding Rs. 1,00,000/- |
The value of which cannot be estimated in money |
Title and other suits |
Suits for money or movables property |
Suits for immovable property |
||
|
Suits for money or movables |
Title and other suits |
Suits for money or movables |
Title and other suits |
Suits for money or movables |
|||
|
20 |
21 |
22 |
23 |
24 |
25 |
26 |
27 |
|
|
|||||||
|
Suits for specific relief |
Suits of establish a right of preemption |
Mortgage suits |
Suits relating to religious and other endowments |
Matrimonial suits |
Testamentary suits |
Other suits not falling under any of the previous Heads |
Remarks |
|
28 |
29 |
30 |
31 |
32 |
33 |
34 |
35 |
|
|
Note:- The entries in this register shall be totalled monthly, quarterly and annually.
In this register will be entered only suits which have been newly instituted and submitted and registered and not suits received by transfer or on remand, review or revival.
(Printed Part II-34)
Register No. 41
Register of Miscellaneous Cases (Judicial) Relating to Other Cases
(Rule 324)
|
Date of institution |
How instituted |
Number of case |
Other case (if any) to which application refers |
Names of parties |
Nature of case as given in the foot note below |
Date of disposal |
|
|
Whether originally instituted or received on remand, review or revival |
Whether received by transfer from another court |
||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
|||||||
|
How dispose of |
|||||
|
Without trial |
Ex parte |
||||
|
Under Order IX Rules 3 and 8, Civil Procedure Code |
Otherwise |
Number |
Aggregate number of day suits remained pending |
||
|
Number |
Aggregate number of day suits remained pending |
Number |
Aggregate number of day suits remained pending |
||
|
9 |
10 |
11 |
12 |
13 |
14 |
|
|
|||||
Contd.....)
Register No. 41 - Contd.
|
On Admission of claim |
Compromised |
After full trial |
||||
|
Number |
Aggregate number of days suits remained pending |
Number |
Aggregate number of days suits remained pending |
Judgment for plaintiff |
Judgment for defendant |
Aggregate number of days suits remained pending |
|
15 |
16 |
17 |
18 |
19 |
20 |
21 |
|
|
||||||
|
On reference to arbitration |
By transfer |
Appeal |
Remarks |
||||
|
Number |
Aggregate number of days suits remained pending |
Number |
Aggregate number of days suits remained pending |
Date of institution |
Date of disposal |
Judgment |
|
|
22 |
23 |
24 |
25 |
26 |
27 |
28 |
29 |
|
|
|||||||
(Printed Part 11-35)
Note.-Descriptive list of miscellaneous cases, judicial,-
(1) Orders rejecting or returning plaints or memoranda of appeal.
(2) Applications under Section 22 and 24 of Act No. V of 1908 to transfer a suit pending in a subordinate court.
(3) Application to an appellate court to withdraw or transfer an appeal, Section 24.
(4) Applications under Order IX, Rule 4, Order IX, Rule 9, Order IX, Rule 13, Order XL1, Rule 19 and Order XL1 Rule 21, for the restoration to the file of a suit or appeal dismissed on default or decreed ex-parte.
(5) Miscellaneous criminal proceedings under Order XVI, Rules 12 and 17 of Act No. V, of 1908 and Sees. 195, 340, 343 and 345 of Act No. II of 1973.
(6) Cases under Section 47 and Order XXI, Rule 16 of Act No. V of 1908.
(7) Inquiries under Order XXI, Rule 2, on application of judgment debtor as to payment to decree holder.
(8) Claims to, and objections to, the attachment of attached property under Order XXI, Rule 58, and Order XXXVIII, Rule 8.
(9) Applications under Order XXI, Rule 66, by lien holders to notify their encumbrances not ascertainable through the Registrars and Collectors offices.
(10) Proceedings under Order XXI, Rule 72.
(11) Applications under Order XXI, Rule 90 to 93.
(12) Applications for delivery of possession under Order XXI, Rules 95 to 96.
(13) Complaints under Order XXI, Rule 97, by decree-holder of purchaser of resistance to possession being given.
(14) Applications under Order XXI, Rule 100.
(15) Commissions under Order XXI, Rule 4, for the examination of witnesses received from other courts and executed by the court.
(16) Applications under Order XXXIII, Rule 2, for permission to sue as indigent person.
(17) Applications for readmission or re-hearing of an appeal, Order XLI, Rules 19 and 21.
(18) Applications for leave to appeal as an indigent person, Order XLIV, Rule 1.
(19) Applications under Order XLVII, Rule 1, for review of judgment
(20) Applications under Section 152 of Act No. V of 1908.
(21) All applications under Sections 4, 53 and 54 of the Provincial Insolvency Act.
(22) All other judicial proceedings relating to or arising out of suits or other cases.
(Printed Part II-35)
Register No. 42
Register of Persons Committed to Jail
(Rule 324)
|
Serial Number |
Number of cases in which commitment was directed and name of parties |
Date of commitment |
Name of person committed with description and place of abode |
Grounds of commitment with section of Code of Civil Procedure or other law |
If commitment was made under Section 55 of the Code of Civil Procedure amount of judgment debt sought to be recovered |
Term of imprisonment |
Date of release |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
(Not Printed)
Register No. 43
Register of Proceedings Taken in Execution of Orders Received from the High Court
(Rule 324)
|
Date of receipt of order |
Date of order |
Date within which execution is directed |
Nature of order |
Particulars of cases |
Date of return of order executed or explained of non- execution |
Remarks |
|||
|
Number of case in High Court |
Name of |
Before High Court in first or second appeal from decree or from order or in revision |
|||||||
|
Plaintiff or appellant |
Defendant or respondent |
||||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
(Not Printed)
Register No. 44
Register of Records Requisitioned and Returned
(Rule 324)
|
Serial Number |
Particulars of case for which record requisitioned |
Number and date of the requisition letter |
To whom requisition sent |
|||
|
Number and year |
Kind of case |
Title of case |
Date of hearing |
|||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
Particulars of the record requisitioned |
Date by which record is required |
||||
|
Of what Court |
Title |
Kinds of case |
Number and year of case |
Date of decision |
|
|
8 |
9 |
10 |
11 |
12 |
13 |
|
Date of receipt of the record |
From whom received |
Date of the return of the record |
To whom returned |
Number and date of the despatch register |
Remarks |
|
14 |
15 |
16 |
17 |
18 |
19 |
Note.-Record of other court which are received without any requisition should also be entered in this register. Columns 2, 3, 4, 5 and 6 be left blank in such cases.
(Printed Part II-36)
Register No. 45
Register of Persons Summoned and Examined
(Rule 324)
|
Serial number |
Date |
Number of Parties |
||
|
Ordered to attend personally under Order V, Rule 3, and present |
Examined under Order X, Rule 2 |
|||
|
Of those entered in the column 3 |
Other than those entered in column 3 |
|||
|
1 |
2 |
3 |
4 |
5 |
|
Number of witness examined and present |
Number of witnesses summoned out of these summoned |
Number of witnesses examined other than those summoned |
Number of witnesses summoned and present but not examined on the day for which summoned or the following day |
Remarks |
|
6 |
7 |
8 |
9 |
10 |
Note-This register shall De maintained by the pleader and entries shall be made for each case in which any parties or witnesses are examined as soon as the hearing of the case for the day is concluded.
(Printed Part II-37)
Register No. 46
Register of Injunctions and Stay Orders
(Rule 324)
|
Serial Number |
Date of application |
Number and title of the case |
Date of first order |
First Order |
|
Application rejected without notice |
||||
|
1 |
2 |
3 |
4 |
5 |
|
First Order |
Final Order |
Remarks |
|||
|
Ex-parte orders made |
Notice issued but no ex-parte order made |
Date of final order |
Ex-parte order maintained after contest |
Ex-parte order discharged after contest |
|
|
6 |
7 |
8 |
9 |
10 |
11 |
(Printed Part II-38)
[Register No. 46A]
Register of Closed Registers
(Rule 324)
List of Closed Registers in the Court........................
Name of Register.........................
|
S. No. |
Date of opening of Register |
Date of closing of Register |
Remarks |
|
1 |
2 |
3 |
4 |
Register No. 47
Memorandum Book of Dates for Cases
(Rule 325)
Case fixed for hearing on...............day, the.........20
|
Serial Number |
Kind of case (original, appeal etc.) |
Number and year of case |
Plaintiff appellant or applicant |
Defendant, Respondent or opposite party |
Name of pleader for plaintiff -appellant or applicant |
Name of pleader for defendant respondent or opposite party |
Purpose for which case is set down for hearing |
Date to which adjourned, if case not disposed of |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
Note.
-Entries in the register for different kinds of cases shall be shown and grouped separately.
Register No. 48
Register of Appeals from Decrees
(Rule 327)
|
Date of presentation of memorandum |
How instituted i.e.:- |
Number of appeal |
Name of applicant with description and place of abode |
Name of respondent with description and place of abode |
Order appealed from |
||
|
Of what Court |
Number of original suit |
Particulars |
|||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
|||||||
|
Amount of value |
Date fixed for hearing |
Date |
Confirmed, reversed, or altered |
For what, or amount |
Date of institution |
Date of disposal |
Judgment |
Remarks |
|
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
|
|
The instructions as to numbering given on Register No. 34, are applicable, mutatis mutandis, to this register.
The entry in column No. 8 shall be made with reference to columns 26 to 34 of the register showing the classification and value of suits (Reg. No. 40) appeals from decree under Section 47, Act No. V of 1908, shall be entered in this register.
(Printed Part II-40)
Register No. 49
Register of Appeals from Decrees Disposed of
(Rule 327)
|
Serial Number |
Date |
Date Number of appeals and names of parties |
Value of appeal |
Summarily rejected under Order XLI, Rule 11 |
||
|
Date of institution |
Number |
Aggregate number of days appeals remained pending |
||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
||||||
|
Dismissed or not prosecuted |
Confirmed |
Modified |
Reversed |
Remanded |
Aggregate number olf days appeals remained pending columns 10, 11, 12 and 13 |
|
|
Number |
Aggregate number of days appeals remained pending |
|||||
|
8 |
9 |
10 |
11 |
12 |
13 |
14 |
|
|
||||||
|
By transfer |
Whether objection under Order XII, Rule 22 was preferred |
Amount of pleader's fees |
Whether higher than ordinary fee awarded |
No. of papers on the record |
Remarks |
|
|
Number |
Aggregate number of days appeals remained pending |
|||||
|
15 |
16 |
17 |
18 |
19 |
20 |
21 |
|
|
||||||
The entries in this register shall be totalled monthly, quarterly and annually.
(Printed Part II-41)
Register No. 50
Register of Miscellaneous Appeals
(Rule 327)
|
Date of presentation of memorandum |
How instituted i.e.:- |
Number of appeal |
Name of applicant with description and place of abode |
Name of respondent with description and place of abode |
|
1 |
2 |
3 |
4 |
5 |
|
|
|
Order appealed from |
Date fixed for hearing |
Judgment |
Remarks |
|||||
|
Of what Court |
Number of original suit |
Particulars |
Amount of value |
Date |
Confirmed, reversed, or altered |
For what, or amount |
||
|
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
|
|
||||||||
The instructions as to numbering given on Register No. 34, are applicable, mutatis mutandis, to this register.
The entry in column No. 8 shall be made with reference to columns 26 to 34 of the register showing the classification and value of suits (Reg. No. 40).
(Printed Part II-42)
Register No. 51
Register of Miscellaneous Appeals Disposed of
(Rule 327)
|
Sr. No. |
Date |
Number of appeals and names of parties |
Value of appeal |
Date of institution |
Summarily rejected u/O. XLI, Rule 11 |
|
|
Number |
Aggregate number of days appeals remained pending |
|||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
How Disposed of |
||||||||
|
Dismissed or not prosecuted |
Reversed |
Remanded |
Aggregate number of days appeals remained pending columns 10, 11, 12 & 13 |
By transfer |
||||
|
Number |
Aggregate number of days appeals remained pending |
Confirmed |
Modified |
Number |
Aggregate number of days appeals remained pending |
|||
|
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
The entries in this register shall be totalled monthly, quarterly and annually.
(Printed Part-II-43)
Register No. 52
Register of Revision Cases under the Gram Panchayat Act
(Rule 328)
|
S. No. |
Date of application, if any and of the order calling for record |
On whose application or behalf the revision is |
Name of Panchayat |
|||
|
Complainant |
Accused |
Plaintiff |
Defendant |
|||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
Particulars of original case |
Date of Order under revision |
||||
|
Whether Panchayat or |
Tehsil Panchayat |
Case No. 1 in Panchayat or Tehsil Panchayat |
Name of Parties |
Kind of Case |
|
|
8 |
9 |
10 |
11 |
12 |
13 |
|
Abstract or Order under revision |
Date of receipt of record |
Date of disposal of case |
Result of decision of case |
Remarks |
|
14 |
15 |
16 |
17 |
18 |
(Printed Part II-44)
Register No. 53
Register of Revision Cases under the Rajasthan Relief of Agricultural Indebtedness Act, 1957
(Rule 328)
|
Date of presentation |
S. No. of application |
Applicant's name, parentage and residence |
Opposite Party's name,parentage and residence |
Particulars of original case |
|||||
|
Debt Relief Court |
Case No. |
Name of the Parties |
Kind of case |
Date of Order under revision |
Abstract of the Order under revision |
||||
|
(i) |
(ii) |
(iii) |
(iv) |
(v) |
(vi) |
||||
|
1 |
2 |
3 |
4 |
5 |
|||||
|
|
|||||||||
|
Date of requisition for calling of record |
Date of receipt of record |
Date of disposal of the case |
Result or decision of the case |
Date of returning lower Court's record |
Date of consigning the record to the record room |
Remarks |
|
6 |
7 |
8 |
9 |
10 |
11 |
12 |
|
|
||||||
(Printed Part II-45)
Register No. 54
Gradations List of Establishment of Judgeship
(Rule 329)
|
S.No. |
Name, Cast and residence of the official |
Examination passed |
Date of birth in Christian era |
Date of entry in Government Service |
Date of appointment in this grade |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
Salary on appointment in the grade |
Permanent or temporary |
Name and period of appointment, if temporary |
Permanent post |
Remarks |
|
7 |
8 |
9 |
10 |
11 |
(Not Printed)
Register No. 55
Process Register
(Rule 330)
|
S. No. |
Date of issue |
Court |
Number of case and name of parties |
Date of receipt for issue |
Date fixed for returned to Nazir |
Date fixed for hearing |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
Number of copies for services |
Name of process |
Amount paid to process server for disbursement |
Date of service |
Place of service |
|||
|
Nature of process |
Within five mile radius |
Outside five mile radius |
S. No. in register of Petty Receipts and Repayments |
Amount as entered in register of Petty Receipts and Repayments |
|||
|
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
Register No. 55 (Contd...)
|
Unexpended process money refunded by the process server |
Date of return of process to the Court of issue |
Signature of official acknowledging receipt of return of process |
Remarks |
|
|
S. No. Number in register of Petty Receipts and Repayments |
Amount, Number in Receipts paid Repayment Register of Petty |
State the Number of petty remaining unemployed statewide of day after distribution of process |
||
|
16 |
17 |
18 |
19 |
20 |
Entries shall be made in the Order in which the process are issued, columns 1 to 13 being filled at the time of issue and the remaining columns after return of service. Columns 9 and 10 shall be filled up with reference to the lists maintained under Rule 123, columns 12, 13, 16 and 17 shall be filled up with reference to the corresponding columns of the Register of Petty Receipts and Payments and with reference to Rule 269. The cause of any delay in the service of process shall be explained in column 20. At the close of each month, quarter and year, the Nazir shall enter in this Register, the Number of processes issued that is, the totals of columns 9 and 10 respectively, and the average number of peons remaining unemployed at the close of each working day.
The Presiding Officer of the Court shall from time to time ascertain that the work is fairly distrusted among the peons.
(Printed Part II-46)
Register No. 56
Register of Peons (Process servers)
(Rule 330)
|
S. No. |
Date of return of process of Nazir |
Number of warrants executed |
Number of Warrants not executed |
Summons and notices personally served |
Summonses and notices served but not personally |
Summonses and notices returned unserved |
Not of any other work done |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
Note.-(1) A separate page shall be allotted in this register for ever process-server.
(2) Entries shall be made upon the return of process-server after serving (or returning without service) a warrant, summons or notice.
(3) At the end for the month, the several columns shall be to totalled up (Printed Part II-47).
Register No. 57
Despatch Register (Local)
(Rule 330)
|
Date |
Number and date of paper |
Brach or section |
Description of paper or papers |
To whom addressed |
Acknowledgement of person receiving paper or papers |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
(Printed Part II-48)
Register No. 58
Despatch Register (Postal)
(Rule 330)
|
Date |
Number and date of paper |
Branch or section |
Description of paper or papers |
To whom addressed |
Weight of letter or parcel |
Value of postage stamps affixed |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
(Printed Part II-49)
Register No. 59
Register of Orders issued to Amins
(Rule 331)
|
S. No. |
Number of case |
Title of case |
Nature of order |
Nature of Amin |
Date of order |
Date of delivery of order to Amin |
Time allowed for compliance |
Date of compliance |
|
|
Within time allowed |
Beyond it |
||||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
Date of entry in the register or receipts of deposits |
Number of items in the register |
Amount |
Amount received by Amin for incidental expenses that is, other than those entered in the cash register |
Disposal of amount received for incidental expenses |
Remarks |
||||
|
Date |
Amount |
Date |
Amount |
Date |
Amount |
||||
|
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
20 |
Note.-If the order be not complied with, within the time allowed, the nature of the order passed regarding the d be indicated in the remarks column.
Note in red ink the extension allowed, below the date initially fixed for the return of process.
(Not Printed)
Register No. 60
Amin's Diary
(Rule 332)
|
Date |
Short memo of business done to be recorded daily and appointment and removal of any temporary labour or servant to be noted |
Remarks |
|
1 |
2 |
3 |
|
|
(Not Printed)
Register No. 61
Amin's Proceeding Register
(Rule 332)
|
S. No. |
Court issuing Order |
Number and Year of case |
Title of Case |
Nature of Duty |
Number of Order |
Date of Order |
Date of receipt of Order |
Time allowed for compliance |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
|
|
Date of commencement of Duty |
Date of report of completion |
Moneys received by Amin for incidental expenses, and not entered in the Cash Register |
Disposal of the Amount |
Remarks |
||||
|
Date |
Amount |
Date |
Amount |
Date |
Amount |
|||
|
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
|
|
||||||||
(Not Printed)
Register No. 62
Amin's Property Register
(Rule 332)
|
S. No. |
Date of receipt |
Court by which attachment was ordered |
Number and year of case |
Name of parties |
Number and date of order for execution |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
Abstract of order |
Description of property |
Name of reputed owner |
Particulars as to intermediate custody |
Date of disposal |
Manner of disposal |
Remarks |
|
7 |
8 |
9 |
10 |
11 |
12 |
13 |
(Not Printed)
Register No. 63
Amin's Cash Register
(Rule 332)
|
S. No. |
Date of receipt |
Court by which process issued |
Name of Parties |
Number and date of order for execution |
Abstract of Order |
Amount realised |
Name of person from whom realised |
Date of payments into Treasury or Court |
Voucher Number and date |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
(Not Printed)
Register No. 64
Register of Court Fees and Process Fees
(Rule 333)
|
Date |
Number of Case and name of parties |
Description of paper |
Name of payer |
Court Fee |
||||
|
On plaint or memorandum of appeal |
On copies and translations |
On probates, certificates and letters, of administrations |
Other court-fees |
Total |
||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
|
||||||||
|
Process fee |
||||||||
|
Summonses or notices to defendants or respondents |
Summonses to witnesses |
Warrant of arrest |
Other processes |
Emergent |
Commissioner's Fee |
Order of attachment |
In respect of services of attaching officers |
In respect of order of sale |
|
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
|
|
||||||||
|
Process fee |
Search fees |
Grand Total |
Signature of the person to whom the paper was delivered |
||||
|
Sale fee |
Poundage |
Other fee |
Total |
Inspection fee |
|||
|
19 |
20 |
21 |
22 |
23 |
24 |
25 |
26 |
|
|
|||||||
|
Refund |
Remarks |
||
|
Number and date of certificate |
Nature of fees refunded |
Amount |
|
|
27 |
28 |
29 |
30 |
|
|
|||
(Printed Part II-50)
1. All Court-fees process-fee, impressed on or affixed lo the papers filed in Court, shall be entered in their appropriate columns in this register, as soon as a paper is presented to the officer presiding in a Court or to his munsarim with a view to having the same brought in the record, and a note 'Entered' shall be placed under such stamp, with the date and the initial of the official-in-charge of this register.
2. The entries in columns 5 to 25 shall be totalled daily, weekly, monthly, quarterly and annually.
3. Commission fees, paid for the sendee of Amins, shall be entered in column 21 and those paid to other person in column 15.
4. Both the ad-vollorem and fixed fees on plaints, memoranda of appeals and applications for review of Judgment shall be entered in column No. 5.
5. When sale, attachment etc. are made by a person other than a Civil Court Amin, process of fees paid for the services of such person shall be entered in column 13 and a note of such service shall be made in the column of remarks.
6. Particulars of stamps on copies on which court fees have been paid before issue, and on translation, certificates probates and letters of administration shall be entered in the register of the Court which issues the document. Stamps attached to copies after issue in order that the copies may be filed, shall be entered in the register of the Court in which the copies are filed.
7. The entries relating to application for copies shall be shown as one entry, the particulars being obtained at the end of eaCh day from Register No. 11. The only columns to be used for these entries will be columns 1, 8,9 and 25.
Register No. 65
Register of Casual Leave
(Rule 334)
|
S. No. |
Name of the Official |
Leave taken during the year |
Remarks |
||||||||||||||
|
15 |
14 |
13 |
12 |
11 |
10 |
9 |
8 |
7 |
6 |
5 |
4 |
3 |
2 |
1 |
|||
|
|
|||||||||||||||||
(Printed Part II-51)
Register No. 66
General Register of Correspondence Files and the Closed Files
(Rules 355-365)
|
S. No. |
Date of opening of file |
Opening letter |
Date of closing of file |
Head and subhead of the file |
Subject |
Date of consignment to record |
Date of weeding |
Remarks |
|||
|
Number |
Date |
From |
To |
||||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|||
|
|
|||||||||||
(Printed Part II-52)
Register No. 67
Register of Letters Received
(Rule 357)
|
S.No |
Date of receipt |
From whom received |
Number of letter |
Date of letter |
Subject |
Reference |
Acknowledgement of official to whom handed over |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
|
(Printed Part II-53)
Register No. 68
Register of Letters Issued
(Rule 358)
|
S.No. |
Date |
To whom addressed |
Subject or contents Reference |
Acknowledgment of Nazir or despatcher |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
|
(Printed Part II-54)
Register No. 69
Register of General Letters and Circulars
(Rule 367)
|
S. No. |
Date of receipt |
Issuing Authority |
Number and date of circular |
Subject |
File on which placed |
Serial number of page of the file |
Acknowledgment of the official to whom copy delivered |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
|
(Printed Part II-55)
Register No. 70
From Not Available in Rules
Register No. 71
From Not Available in Rules
Register No. 72
General Register of Books
(Rule 379)
|
S. No. |
Date of Receipt |
From whom received |
Name of book |
Number of volume |
Name of Author |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|
Name of Publisher |
Date of Publication |
Cost |
Reference to Contingent Rill No. and Date |
Classification in Catalogue |
Sectional Number in Catalogue |
Remarks |
|
7 |
8 |
9 |
10 |
11 |
12 |
13 |
|
|
(Printed Part II-55)
Register No. 73
Register of Periodicals Received
(Rule 379)
|
Date of receipt |
Form whom received |
Reference to Contingent Bill No. and date |
Description of issue or copy received |
Date |
Sr. No. in general Register |
Class and sub-head, if any, in catalogue |
Sectional No. in Catalogue |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
|
(Printed Part II-57)
Register No. 74
Register of Classified Catalogue of Books
(Rule 379)
|
Class |
Sub-Head, if any |
Serial number in class |
Number in the General |
Date of receipt |
Name of book |
Number of Volume |
Name of Author |
Date of publication |
Name of publisher |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
|
|
(Not Printed)
Register No. 75
Register of Books Issued from Library
(Rule 383)
|
Serial Number of issue |
Date of issue |
Name of the book |
General serial number of book |
Class and Sub-Head, if any |
Sectional serial number |
To whom issued |
Date of return |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
(Not Printed)
Register No. 76
Stock Book of Non-saleable Printed Forms
(Rule 398)
|
Number and description of printed forms |
|||||||
|
Date |
Particulars |
Number received |
Invoice or Bill No. |
Number issued |
Closing balance |
Signature of recipients |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
|||||||
(Printed Part 11-58)
Note.-A separate page shall be allotted to each kind of printed form.
Register No. 77
Register of Saleable Forms
(Rule 399)
|
Date |
Receipt or issue |
Supply voucher No. and date in case of receipt |
Issue voucher No. and date in case of issue |
Name of person to whom issued |
Amount of price realised |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
Treasury voucher number and date |
Number and description of saleable forms |
Total value of forms (at issue price) |
Remarks |
|||||||||
|
7 |
8 |
9 |
10 |
|||||||||
Note.-1. One column may be used for each kind of form.
2. A balance should be struck after each entry.
(Not printed)
Register No. 78
Stock Book of Stationery Articles
(Rule 402)
|
Date |
Particulars |
Number received |
Invoice or Bill No. |
Number issued |
Closing balance |
Signature of receipient |
Remarks |
|
l |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
(Printed Part-II-59)
Register No. 79
Register of Securities
(Rule 438)
|
S. No. |
Office held by public accountant |
Name of Public accountant |
Pay |
Maximum amount ordinarily in his hands at any one time |
Amount of security |
Date of Security Bond |
Character of Security |
Opinion of District Judges |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
(Not Printed)
Register No. 80
Register of Recognised Clerks of Pleaders
(Rule 460)
|
S. No. |
Date of application |
Date of entry in register |
Name and description of clerk |
Name of pleader |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
(Not Printed)
Register No. 81
Register of Petitions to be Maintained by Petition-Writers
(Rule 476)
|
Serial Number of petition |
Date on which petition written |
Name, Father's Name, Caste and Residence of the person at whose instance petition written |
Name of Court where to be presented |
Description of Petition |
Summery of subject matter of petition |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|
Value of Court fees stamps pasted on petition |
Fees charged for writing petition |
Remarks |
Signature of petitioner writer |
Signature or thumb impression of the person at whose instance petition written |
|
7 |
8 |
9 |
10 |
11 |
|
|
Register No. 82
Register of Licenced Petition-Writers
(Rule 478)
|
S. No. |
Date of licence |
Name |
Father's Name |
Place of residence |
Qualification |
Place of business and Court to which attached |
Amount of fee paid |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
|
Reference to Treasury voucher number and date |
Note of renewal of licence |
Date of renewal |
||||
|
Date of renewal |
Amount of fee paid |
Reference to Treasury voucher number and date |
Note of renewal of licence |
Amount of fee paid |
Reference to Treasury voucher number and date |
|
|
7 |
8 |
9 |
10 |
11 |
12 |
13 |
|
|
||||||
Register No. 82 (Contd...)
|
Note of renewal of licence |
Note of renewal of licence |
||||
|
Date of renewal |
Amount of fee paid |
Reference to Treasury voucher number and date |
Date of renewal |
Amount of fee paid |
Reference to Treasury voucher number and date |
|
16 |
17 |
18 |
19 |
20 |
21 |
|
Note of renewal of licence |
Note of renewal of licence |
Remarks |
||||
|
Date of renewal |
Amount of fee paid |
Reference to Treasury voucher number and date |
Date of renewal |
Amount of fee paid |
Reference to Treasury voucher number and date |
|
|
22 |
23 |
24 |
25 |
26 |
27 |
28 |
Register No. 83
Stock Register
(Rule 510)
|
Date of receipt |
Name and description of article |
Number of places |
From whom received |
Cost |
Reference to number and date of Contingent Bill |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
Initials |
Date of Disposal |
Number of pieces disposed of |
Value realised |
Reference to number and date of Treasury voucher |
Initial |
|
7 |
8 |
9 |
10 |
11 |
12 |
Appendix 'D'
(1) List of Returns (Statements) and Reports prescribed by General Rules (Civil), 1986
|
S. No. |
Description |
Rule by which prescribed |
By whom to be sent or submitted |
To whom to be sent or submitted |
Period |
When to be sent |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
1. |
Weekly certificate of check of Nazir's cash Balances |
288 |
Munsarim |
Presiding Officer |
Weekly |
Soon after the examination of the cash balance |
|
|
2. |
Monthly Attendance Register of subordinate Courts (at headquarters) and true copies of such registers of outlying courts |
14
14 |
Subordinate Officer
District Judge |
District Judge
Registrar, High Court |
Monthly
Monthly |
By 4th day of the succeeding month By 10th day of the succeeding month |
|
|
3. |
Monthly Statement about the observance of Court hours by subordinate courts |
14 |
District Judge |
Registrar, High Court |
Monthly |
By 10th day from the succeeding prescribed month |
|
|
4. |
Monthly Statement showing the grand totals of amounts of receipts under Head 065-Administration of Justice |
350
350 |
Every Court
Every Court |
Treasury Officer
District Judge |
Monthly
Monthly |
By 10th day of the succeeding month Soon after the verified return is received from the Treasury Officer |
|
|
5. |
Quarterly statement of work done and of pending (a) In Subordinate Courts (b) In a District Court (c) In Courts subordinate to a District Court |
339 339 339 399 |
Subordinate Courts District Judge District Judge |
District Judge Registrar, High Court Registrar, High Court |
Quarterly
Quarterly |
10th April, 10 July, 10th October, 10 January |
|
|
6. |
Quarterly list of pending regular suits stayed by order passed by the High Court, in the Judgeship
Quarterly list of pending regular suits stayed by order passed by the High Court, in the Judgeship |
340
340 |
Subordinate Courts
District Judge |
District Judge
Registrar, High Court |
Quarterly
Quarterly |
By 5th of the month next succeeding the quarter to which it relates. By 15th of the month next succeeding the quarter to which it relates. |
|
|
7. |
Quarterly list of pending Execution cases stayed by order passed by the High Court Quarterly list of pending
Execution cases stayed by the High Court in the Judgeship |
340
339 |
Subordinate Courts
District Judge |
District Judge
Registrar, High Court |
Quarterly
Quarterly |
By 15th day of the month next succeeding the quarter to which it relates. By 15th of the month next succeeding the quarter to which it relates. |
|
|
8. |
Quarterly list of cases in which judgments were delivered with delay- |
||||||
|
(a) By the Subordinate Courts |
342 |
Subordinate Courts |
District Judge |
Quarterly |
10th of April, 10th of July, 10th of October, 10th of January |
||
|
(b) By a District Judge along with the list of such cases received from the Civil Judge and Munsif. |
342 |
District Judge |
Registrar, High Court |
Quarterly |
15th of April, 15th of July, 15th of October, 15th of January |
||
|
9. |
Quarterly list of cases in which Part C is weeded out and in which there are cumbrous and bulky exhibits which have not been put up with the record of the trial |
180 |
Record Keeper |
Judge-in-charge |
Quarterly |
By 7th day of the month succeeding the quarter |
|
|
10. |
Quarterly Report of the result of the check of the Register of Petty Receipts and Repayments by Presiding Officer. |
288 |
Subordinate Courts |
District Judge |
Quarterly |
Soon after checking |
Form not prescribed |
|
11. |
Quarterly list of books which have been out of the library for more than one month. |
384 |
Librarian |
Presiding Officer |
Quarterly |
By 5th day of the month next succeeding the quarter to which it relates. |
Form not prescribed |
|
12. |
Report about the work of Munsarim during vacation about receipt of money |
267 |
Presiding Officer |
District Judge |
Yearly |
By 7th day of July |
Form not prescribed |
|
13. |
Annual statement showing the general result of the trial of civil suits
Annual statement of the Judgeship showing the general result of the trial of civil suits. |
338
338 |
Subordinate Courts
District Judge |
District Judge
Registrar, High Court |
Yearly
Yearly |
By 20th day of January
By 15th day of February |
|
|
14. |
Annual statement explaining the delay in civil suits pending over three years Annual statement explaining the delay in civil suits pending over three years in the Judgeship |
338
338 |
Subordinate Courts District Judge |
District Judge Registrar, High Court |
Yearly
Yearly |
By 20th day of January By 15th day of February |
|
|
15. |
Annual statement showing the number and description of suits instituted
Annual statement showing the number and description of suits instituted in the Judgeship. |
338
338 |
Subordinate Courts
District Judge |
District Judge
Registrar, High Court |
Yearly
Yearly |
By 20th day of January
By 15th day of February |
|
|
16. |
Annual statement showing the number and value of suits instituted.
Annual statement of the Judgeship showing the number and value of suit instituted |
338
338 |
Subordinate Courts
District Judge |
District Judge
Registrar, High Court |
Yearly
Yearly |
By 20th day of January
By 20th day of February |
|
|
17. |
Annual statement showing the mode of disposal of miscellaneous cases (Judicial)
Annual statement of the Judgeship showing the mode of disposal of miscellaneous cases (Judicial). |
338
338 |
Subordinate Courts
District Judge |
District Judge
Registrar, High Court |
Yearly
Yearly |
By 20th day of January
By 15th day of February |
|
|
18. |
Annual statement of revision cases under the [Gram Panchayat Act.] Annual statement (consolidated) of the Judgeship of Revision cases under the Gram Panchayat Act. |
338
338 |
Subordinate Courts
District Judge |
District Judge
Registrar, High Court |
Yearly
Yearly |
By 20th day of January
By 15th day of February |
|
|
19. |
Annual statement of revision cases under the Rajasthan Relief and Agricultural Indebtedness Act. |
338 |
District Judge |
Registrar, High Court |
Yearly |
By 15th day of February |
|
|
20. |
Annual statement showing the business of Civil Appellate Courts in appeals from decrees. Annual statement (consolidated) of the Judgeship showing the business of Civil Appellate Courts in appeals from decrees. |
338
338 |
Subordinate Courts
District Judge |
District Judge
Registrar, High Court |
Yearly
Yearly |
By 20th day of February
By 15th day of February |
|
|
21. |
Annual statement showing the business of Civil Appellate Courts in miscellaneous appeals (Judicial). |
338
338 |
Subordinate Courts
District Judge |
District Judge
Registrar, High Court |
Yearly
Yearly |
By 20th day of January
By 15th day of February |
|
|
22.
23. |
Annual statement of undecided suits classified according to years. Annual statement of the Judgeship showing the result of proceedings on applications for execution of decrees and orders. |
338
338
338
338 |
Subordinate Courts District Judge
Subordinate Courts District Judge |
District Judge Registrar, High Court
District Judge Registrar, High Court |
Yearly
Yearly
Yearly Yearly |
By 20th day of January By 15th day of February
By 20th day of January By 15th day of February |
|
|
24. |
Annual statement explaining the delay in executing applications pending over three years. Annual statement explaining the delay in executing applications pending over three years in the Judgeship. |
338
338 |
Subordinate Court
District Judge |
District Judge
Registrar, High Court |
Yearly
Yearly |
By 20th day of January
By 31st day of January |
|
|
25. |
Annual statement showing the number of persons summoned and examined. Annual statement of the Judgeship showing the number of persons summoned and examined |
338
338 |
Subordinate Courts District Judge |
District Judge Registrar, High Court |
Yearly
Yearly |
By 15th day of February By 15th day of February |
|
|
26. |
Annual statement of receipts from Search fees, Inspection fees, Copying charges and of the salary of the establishment employed. Annual General statement showing receipts from Search fees, Inspection fees, Copying charges, and also of the Salary of the establishment employed for the Courts of District and Sessions Judge and for each Court subordinate thereto. |
338
338 |
Subordinate Courts
District Judge |
District Judge
Registrar, High Court |
Yearly
Yearly |
By 20th day of January
By 15th day of February |
|
|
27. |
Annual statement showing the number of process serving peons employed and fees received for their services. Annual statement (consolidated) of the Judgeship showing the number of process serving peons employed and the fees received for their services. |
338
338 |
Subordinate Courts
District Judge |
District Judge
Registrar, High Court |
Yearly
Yearly |
By 20th day of January
By 15th day of February |
|
|
28. |
Annual statement showing the income and expenditure of Civil Courts Annual statement (Consolidated) of the Judgeship showing the income and expenditure of Civil Courts. |
338
338 |
Subordinate Courts
District Judge |
District Judge
Registrar, High Court |
Yearly
Yearly |
By 20th day of January
By 15th day of February |
|
|
29. |
Annual report of administration of Civil Justice |
344 |
District Judge |
Registrar, High Court |
Yearly |
By 15th day of February |
Form not prescribed |
|
30. |
Annual Confidential remarks about Subordinate Judicial Officers |
345 |
District Judge |
Registrar, High Court |
Yearly |
By the end of February |
|
|
31. |
Annual Return of all landed property acquired or parted with by the District Judge and by all the subordinate Judicial Officers during the preceding calendar year. |
348 |
District Judge |
Registrar, High Court |
Yearly |
By 20th day of January |
|
|
31-A |
Annual Return of the landed property held by the judicial Officers appointed during the proceeding calendar year. |
348 |
District Judge |
Registrar, High Court |
Yearly |
By 20th day of January |
|
|
32. |
Annual report about adequacy of securities |
349 |
District Judge |
Registrar; High Court |
Yearly |
Between April and June 30 |
Form not prescribed |
|
33. |
Annual Report of the result of checking catalogue of the library |
382 |
Librarian |
Presiding Officer |
Yearly |
By 15th day of January |
Form not prescribed |
|
34. |
Annual indent of printed non-saleable forms. Annual indent of the printed non-saleable forms for the District Court along with the annual indents received from the Courts Subordinate thereto. |
394
394 |
Subordinate Courts
District Judge |
District Judge
Registrar, High Court |
Yearly
Yearly |
By 15th day of January
By 1st day of March |
|
|
35. |
Annual statement of saleable forms. Annual statement of saleable forms of the District Court together with the statement of the Courts Subordinate thereto |
396
396 |
Subordinate Courts District Judge |
District Judge
Superintendent, Government Press |
Yearly
Yearly |
By 15th day of April By 30th day of April |
|
|
36. |
Report of Inspection of Subordinate Courts by a District Judge. |
486 |
District Judge |
Registrar, High Court |
Occassional but not less than once a year |
Within one week of the inspection |
Form not prescribed |
|
37. |
Report of inspection of his office by a Judicial Officer. |
487 |
Presiding Officer |
District Judge |
Occassional but not less than once a quarter |
Within one week of the inspection |
Form not prescribed |
|
38. |
Report of inspection of department under a District Judge by a Judicial Officer appointed as officer-in-charge of such department. |
488 |
Judicial Officer in a department under the District Judge |
District Judge |
Occassional but not less than once a quarter |
Within one week of the inspection |
Form not prescribed |
|
39. |
Report of inspection work of the staff of a court by a Munsarim. |
489 |
Munsarim |
Presiding Officer |
Occassional but not less than once in a quarter |
Soon after the inspection |
Form not prescribed |
|
40. |
Report of casualty among Gazetted judicial officers |
492 |
District Judge |
Registrar, High Court |
Occassional but not less than one a quarter |
Soon after the occurrence of casualty. |
From not prescribed |
|
41. |
Statement of business pending in the court of the officer applying for leave |
498 |
District Judge |
Registrar, High Court |
Occassional but not less than once a quarter |
To be forwarded with the application for leave |
|
|
42. |
Transmission of a copy of register of casual leave taken by a Judicial Officer subordinate to a District Judge when he is transferred to another district |
500 |
District Judge from whose jurisdiction, the Judicial Officer is transferred |
District Judge to whose jurisdiction the Judicial Officer is transferred |
Occasional |
Within one week of the transfer |
|
|
43. |
Report of loss of key of safe |
502 |
District Judge |
Registrar, High Court |
Occassional |
Immediately after the loss of key is noticed |
Form not prescribed |
(2) Specimen Form of Returns, Statements and Reports prescribed by the General Rules (Civil), 1986
Return No. 1
Weekly Certificate of Check of Nazir's Cash Balances
(Rule 288)
I certify that I have personally examined the registers kept by the Nazir and counted the cash balance in the hands of the Receiving Officer and have found the same to be correct.
(Not Printed)
Return No. 2
Monthly Attendance Register of Subordinate Courts (at Head quarters) and True Copies of such Registers of Outlying Courts
or
Copy of the District Judge's Monthly Attendance Register
(Rule 14)
|
Date |
Time of arrial |
Time of departure |
Remarks |
||
|
In Chambers |
In Court |
From Court |
From Chambers |
||
|
|
|||||
(Printed Part III-1)
Return No. 4
Monthly Statement Showing the Grand Totals of Amounts of Receipts under Head 065-Administration of Justice
(Rule 350)
|
Name of Court |
Head of Revenue Receipts |
||||||
|
Sale proceeds of unclaimed and escheated property |
Court-fees realised in Cash |
General fees, fines and forfeitures |
Miscellaneous fees and fines |
Miscellaneous |
Recoveries of over payments |
Collection of payments for sendee rendered |
|
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
|||||||
|
Head of Revenue Receipts |
|||||||
|
|
|||||||
|
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
|
|
|||||||
(Printed Part III-2)
Return No. 5 (Part I)
Quarterly Statement of Work Done in the Court of-
(Rule 339)
Statement of work of Shri ......................................... for the quarter of....................................................... 19.
Working days in the quarter calculated as under:-
Number of days in the quarter.......................................................
Less:
Sundays, Second Saturdays and holidays..........................................
Leave days......................................................................
Saturday reserved for execution.................................................
and Miscellaneous cases For other reasons to be stated..................................................
Balance of working days for judicial work
(Except execution and Miscellaneous)
|
Work done according to the Standard fixed |
*Number of cases decided |
Number of working days for which credit is due |
|
I. CRIMINAL |
||
|
(i) Murder Cases |
…........................ |
…........................ |
|
(ii) Culpable homicide, riot and dacoity cases |
…........................ |
…........................ |
|
(iii) Other Sessions cases |
…........................ |
…........................ |
|
(iv) Section 75, IPC Cases |
…........................ |
…........................ |
|
(v) Represented Appeal etc. |
…........................ |
…........................ |
|
(vi) Jail Appeals or Revisions |
…........................ |
…........................ |
|
(vii) Cases in which accused are discharged, proceedings under Section 228 Cr.P.C |
…........................ |
…........................ |
|
$(viii) Long Sessions cased |
…........................ |
…........................ |
|
(ix) Summary trials where there is a plea of guilty |
…........................ |
…........................ |
|
(x) Other summary trials |
…........................ |
…........................ |
|
(xi) Summons cases where there is a plea of guilty |
…........................ |
…........................ |
|
(xii) Other summons cases |
…........................ |
…........................ |
|
(xiii) Warrant cases where there is a plea of guilty |
…........................ |
…........................ |
|
(xiv) Other warrant cases |
…........................ |
…........................ |
|
(a) not involving riot |
…........................ |
…........................ |
|
(b) involving riot |
…........................ |
…........................ |
|
(xv) Cases compromised after evidence |
…........................ |
…........................ |
|
(xvi) Warrant cases where the accused is/are discharged- |
…........................ |
…........................ |
|
(a) filed on complaint |
…........................ |
…........................ |
|
(b) filed on police report |
…........................ |
…........................ |
|
(xvii) Criminal miscellaneous cases |
…........................ |
…........................ |
|
(xviii) (a) Cases dismissed under Section 203, Cr.P.C |
…........................ |
…........................ |
|
(b) Final reports |
…........................ |
…........................ |
|
(xix) Bail applications |
…........................ |
…........................ |
|
II. CIVIL |
…........................ |
…........................ |
|
(i) Regular suits upto Rs. 5,000/- |
…........................ |
…........................ |
|
(ii) Regular suits from Rs. 5,001/- to Rs. 10,000/- |
…........................ |
…........................ |
|
(iii) Regular suits above is Rs. 10,000/- to Rs. 20,000/- |
…........................ |
…........................ |
|
(iv) Regular suits above Rs. 20,000/- |
…........................ |
…........................ |
|
**(v) Suits decreed ex parte |
…........................ |
…........................ |
|
(vi) Long Civil suits |
…........................ |
…........................ |
|
(vii) Suits disposed of by compromise |
…........................ |
…........................ |
|
(viii) Money suits in which the only contest is with regard to rate of interest or installments |
…........................ |
…........................ |
|
(ix) Small Causes Courts Suits: |
…........................ |
…........................ |
|
(a) after-trial |
…........................ |
…........................ |
|
(b) otherwise |
…........................ |
…........................ |
|
(x) Original suits cognizable by District Judges not coming in the above categories |
…........................ |
…........................ |
|
(xi) Land Acquisition Cases |
…........................ |
…........................ |
|
(xii) Probate cases |
…........................ |
…........................ |
|
(xiii) Election Petitions |
…........................ |
…........................ |
|
(xiv) Regular appeals in Suits decided after trial |
…........................ |
…........................ |
|
(xv) All other appeals |
…........................ |
…........................ |
|
(xvi) Revisions |
…........................ |
…........................ |
|
(xvii) Civil Miscellaneous |
…........................ |
…........................ |
|
TOTAL |
…........................ |
…........................ |
* This refers only to cases decided on contest after full trial except in regard to item I(xv), II(v), (vii) and (ix)(b).
$ These are to be included only in the quarters in which the long cases are decided. Details of the work done should be noted separately.
** These are not to include suits decided 'otherwise' that is, in default or compromise, etc.
Return No. 5 (Part II)
Quarterly Statement of Work Done in the Court of.
(Rule 339)
Statement for the Quarter of.............
Name of the Presiding Officer.............
|
Kind of cases |
Before the Court during the quarter |
|||
|
Pending from the last month of the previous quarter |
Instituted during the quarter |
Received by transfer or otherwise |
Total |
|
|
1 |
2 |
3 |
4 |
5 |
|
Sessions Trials:- (a) (a) Murder Cases Criminal Appeals |
||||
|
1. Summary Trials |
||||
|
2. Summons Cases |
||||
|
3. Warrant Cases |
||||
|
4. Inquiry in commitment |
||||
|
Cases Originals: |
||||
|
(a) Civil Suits |
||||
|
Civil Appeals: |
||||
|
(a) Regular |
||||
|
Execution Cases : |
||||
|
(a) Civil |
||||
|
Miscellaneous Cases: |
||||
|
(a) Civil |
||||
|
Disposed of during the quarter |
Pending at the end of the quarter |
Remarks |
|||||||
|
After full trial |
Otherwise |
By transfer |
Total |
Below six Months |
Over six months but below one year |
Over one year but below 3 years |
Over 3 years |
Total |
|
|
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
|
|
|||||||||
Notes.-(a) In column 4 Suits or Application which are restored will also be shown.
(b) "Full Trial" means disposal after framing of issues, taking of evidence (documentary or oral), in 'contested cases' and includes disposal by Arbitration where arbitrators award is contested.
(c) Disposal otherwise includes all other kind of disposal including disposal by compromise and disposal by Arbitrations where the Arbitrators award is not contested.
(d) In the remarks column the date of institution of two oldest pending cases of each kind will be entered.
(Printed Part I1I-3)
Return No. 6
Quarterly List of Pending Regular Suits Stayed by Orders Passed by the High Court
(Rule 339)
|
Sr. No. |
Number and year of case |
Name of parties |
Date of Institution |
Number and date of High Court Stay Order |
Number and year of High Court Appeal in which Stay Order passed |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
(Not Printed)
Return No. 7
Quarterly List of Pending Execution Cases Stayed by Order Passed by the High Court
(Rule 339)
|
Sr. No. |
Number and year of case |
Name of parties |
Date of Institution |
Number and date of High Court Stay Order |
Number and year of High Court Appeal in which Stay Order passed |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
(Not Printed)
Return No. 8
Quarterly List of Cases in which Judgments were Delivered with Delay
(Rule 342)
|
Name of Court |
Number and Date of institution |
Last date on which evidence oral or documentary was closed |
Date or dates of hearing arguments |
Date of delivery of judgment |
Brief explanation of delay |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
|
(Not Printed)
Return No. 9
Quarterly List of Cases in which Part C is Weeded Out and in which there are Cumbrous and Bulky Exhibits which have not been put up with the Record of the Trial
(Rule 180)
|
Sr. No. |
Name of Court |
Number and year of the case |
Date of decision |
Names of Parties |
Names of Pleaders |
Number and description of exhibits |
Name and address of the person by whom produced |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
|
(Not Printed)
Return No. 13
Annual Statement Showing the General Result of the Trial of Civil Suits
(Rule 338)
|
Name of Presiding Officer and Class of Courts |
Number of suits before the Court |
||||||
|
Pending at the beginning of the year |
Instituted during the year |
Received by transfer from other courts |
Remanded (Order XLI, Rule 23) |
Reviewed (Order XLVII, Rule 40) |
Revived (Order IX, Rules 4, 5, 9 and 13 and Order XXII, Rule 9) |
Total |
|
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
|||||||
|
Number of suits disposed |
||||||||
|
Without trial |
Without contest |
|||||||
|
Under Order IX, Rules 3 and 8 |
Otherwise |
Aggregate number of days suits remained pending |
Average duration of suits |
Ex-parte |
On admission |
Of compromise |
Aggregate number of days suits remained pending |
Average duration of suits |
|
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
|
|
||||||||
|
Number of suits disposed |
||||||
|
After full trial |
By arbitration |
|||||
|
Judgment for plaintiff |
Judgment for defendant |
Aggregate number of days suits remained pending |
Average duration of suits |
Number |
Aggregate number of days suits remained pending |
Average duration of suits |
|
18 |
19 |
20 |
21 |
22 |
23 |
24 |
|
|
||||||
(Contd...)
Return No. 13 (Contd..)
|
By transfer |
Total number of suits disposed of (total of columns 9, 10, 13, 14, 15, 18, 19, 22 and 25) |
Aggregate number of days suit remained pending (Total of columns 11, 16, 20, 23 and 26) |
Average duration of all suits disposed of |
||
|
Number |
Aggregate number of days of suits remained pending |
Average duration of suits |
|||
|
25 |
26 |
27 |
28 |
29 |
30 |
|
|
|||||
|
Number of suits pending |
Number of suits not disposed of at first bearing for final disposal |
||||
|
For not over six months |
For over six months but not over one year |
For over one three years |
Total |
Number of suits not disposed of at first bearing for final disposed |
|
|
31 |
32 |
33 |
34 |
35 |
36 |
|
|
|||||
|
Highest Number of adjournments for any case entered in column 36 |
Average number of adjournments in each case entered in column 36 |
Number of decrees appealed against during the year |
Number of judgments reversed or modified during the year |
Remarks |
|
37 |
38 |
39 |
40 |
41 |
|
|
(Printed Part III-4)
Return No. 14
Annual statement explaining the delay in Civil suits pending over three years
(Rule 338)
1. In the Court of....................................................
2. Name(s) of Presiding Officer(s) of Court (with dates) .............
3. Suit No............................. of...................................................................... Instituted on............................................................
4. Names of the parties showing the number of each side ..................... various......................and...................................others.
5. Date original fixed for first hearing.....................................
6. Number of defendants, if any, added after the institution of the suit, with date of such addition.......................................................
7. Places outside the jurisdiction of the Court, if any, in which any of the defendants reside...........................................................
8. Number of defendants, if any, who are minors..............................
9. Date of completion of appointment of guardians ad litem, if any, to minor defendants..................................................................
10. Dates fixed for the framing of issues....................................
11. Date on which issues were framed.........................................
12. Date originally fixed for the commencement of the hearing of evidence
13. Commissions issued, if any, for the examinations of witness giving dates of issue and return in each case, and where the witness resides outside the jurisdiction of the Court, giving the place and the district or State in which such witnesses resides.................................................................
14. Reference, if any, to arbitration, Date ............................................................... Date of submission of, or of superseding, the award date of objection, if any, to the award Date of decision of any, to be the award .................................... Date of decision of objection, with result.....................................................
15. Dates originally fixed for hearing on which there was no hearing giving for each date the number of witnesses, if any, in attendance and brief reasons for adjournment.......................................................
16. Dates on which the evidence of witnesses was actually heard with number of witnesses:
For plaintiffs................
For defendants................
17. Date fixed for next hearing................................................
18. Order of Superior Court.................................................
(The entries below this line will be printed on the reverse of the working size form)
19. Dates on which case was put up subsequent to the first submissions of the return................................................................
20. Date on which arguments were closed ................................
21. Date fixed for delivery of judgment.......... Brief note of action taken and orders passed with reasons for adjournment, if any.
(Printed Part III-5)
Notes:-
1. The explanation should be concise yet clear and reference should not be made to explanations given in previous statement relating to the pending case; but the particulars should show the proceedings taken from the date the suit was filed to the date on which it was disposed of.
2. Column 18 - The District Judge should pass orders in case of unusual delay.
3. A separate from should be used for each pending case.
4. The year should be computed from the date, the case as originally instituted.
5. The explanation shall be sent to the High Court only in the case of original suits pending over three years.
6. The form must be submitted by subordinate Courts at the end of each month to District Judge who will examine them carefully and check any dilatory procedure.
7. Columns 19-21 if the space provided for column 19 is insufficient for a particular case, columns 20 and 21 should be scored out, in this case, the continued entries for column 19 and the entries for columns 20 and 21 should be written on the reserve side of a new sheet.
No explanation are required in the case of:-
1. Suits to which Order IX, Rule 5, Act No. V of 1908 applies, the number of which should be shown in column No. 41 of return No. 13.
2. Application of execution, where the decrees are being satisfied in instalments by attachments from Salary the number of such applications should be shown in column 26 of Return No. 23.
Specially attention is directed to the point; that the entries in these forms of explanation should be precise and clear. The dates on which orders were passed should be written clearly above the orders in column 3, and close and minute writing should be avoided.
Return No. 15
Annual Statement Showing the Number and Description of Suits Instituted
(Rule 338)
|
Name of presiding Officer and class of court |
Suits for money or movable property |
Suits for immovable property |
Suits for specific relief |
Suits of establish a right of pre-emption |
Mortgage suits |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|
Suits relating to religious and other endowments |
Matrimonial suits* |
Testamentary suits** |
Other suits not falling under any of the previous heads*** |
Total |
Remarks |
|
7 |
8 |
9 |
10 |
11 |
12 |
|
|
* This statement is meant to show new institution only, and not suits received by transfer or on remand, review or revival.
** Uncontested probate cases to be entered as suits, but as Miscellaneous Cases (Judicial)
*** Given in Column 12 details showing the nature of the suits entered here.
When a Subordinate Judge or Munsif is invested with the powers of a Judge of a Court of Small Causes or when a Judge of Court of Small Causes is invested with the powers of a Subordinate Judge, separate details must be given in reference to each jurisdiction.
(Printed Part III-6)
Return No. 16
Annual Statement Showing the Number and Value of Suits Instituted
(Rule 338)
Number of suits instituted
|
Name of Presiding Officer and Class of Court |
Value not exceeding Rs. 50/- |
Value not exceeding Rs. 100/- |
Value not exceeding Rs. 500/- |
|||
|
Suits for money or movables |
Title and other suits |
Suits for money or movables |
Title and other suits |
Suits for money or movables |
Title and other suits |
|
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
Value not exceeding Rs. 1,000/- |
Value not exceeding Rs. 5,000/- |
Value not exceeding Rs. 10,000/- |
Value not exceeding Rs. 1,00,000/- |
||||
|
Suits for money or movables |
Title and other suits |
Suits for money or movables |
Title and other suits |
Suits for money or movables |
Title and other suits |
Suits for money or movables |
Title and other suits |
|
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
|
Value not exceeding Rs. 1,00,000/- |
The Value of which cannot be estimated in money |
Total |
Total Value |
Remarks |
||||||
|
Suits for money or movables |
Title and other suits |
Suits for money or movables |
Title and other suits |
Suits for money or movables |
Title and other suits |
Total |
Suits for money or movables |
Title and other suits |
Total |
|
|
16 |
17 |
18 |
19 |
20 |
21 |
22 |
23 |
24 |
25 |
26 |
Note.-When a Subordinate Judge or Munsif is invested with the powers of a Court of Small Causes, or when a Judge of a Court of Small Causes in invested with the powers of a Subordinate Judge, separate details must be given in reference to each jurisdiction.
(Printed Part III-7)
Return No. 17
Annual Statement Showing the Mode of Disposal of Miscellaneous Cases (Judicial)
(Rule 338)
|
Numbers of suits before the Court |
|||||
|
Names of Presiding Officer and Class of Court |
Pending at the beginning of the year |
Instituted during the year |
Revised during the year |
Other wise received |
Total |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
Number of suits disposed of |
|||||||
|
Without trial |
Otherwise |
Exparte |
On admission of claim |
||||
|
Under Order IX, Rules 3, 4 & 8, CPC |
|||||||
|
Number |
Aggregate number of days suit remained pending |
Number |
Aggregate number of days suit remained pending |
Number |
Aggregate number of days suit remained pending |
Number |
Aggregate number of days suit remained pending |
|
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
|
Number of suits disposed of |
|||||||
|
Compromised |
After full trial |
On reference to arbitration |
|||||
|
Number |
Aggregate number of days suit remained pending |
Judgment of plaintiff |
Judgment of defendant |
Aggregate number of days suit remained pending |
Average duration of cases disposed of after full trial |
Number |
Aggregate number of days suit remained pending |
|
15 |
16 |
17 |
18 |
19 |
20 |
21 |
22 |
|
Number of suits disposed of |
Number of suits |
Remarks |
||||
|
By transfer |
Judgment of plaintiff |
Judgment of defendant |
Aggregate number of days suit remained pending |
Average duration of cases disposed of after full trial |
||
|
Number |
Aggregate number of days suit remained pending |
|||||
|
23 |
24 |
25 |
26 |
27 |
28 |
29 |
Notes.-(1) When a Subordinate Judge or Mansif is invested with the powers of a Judge of a Court of Small Causes or a Judge of a Court of Small Cause is invested with the powers of a Subordinate Judge, separate details must be given in reference to each jurisdiction.
(2) Applications under the Provincial Insolvency Act, 1920 (Act No. V of 1920), are not to be entered in this statement.
(Printed Part III-8)
Return No. 18
Annual Statement of Revision Cases under the [Gram Panchayat Act]
(Rule 338)
|
Name of proceedings (Civil or Criminal) |
Number of revision pending from last year |
Number of revisions instituted during the year |
Number of revisions disposed of during the year |
||
|
Rejected |
Decision or order confirmed |
Decision or order modified |
|||
|
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|||||
|
Number of revisions disposed of during the year |
Number of revision pending at the close of the year |
Number of cases pending for over six months |
Aggregate number of days during which the case entered in columns 8 lasted |
Average duration of each cause |
Remarks |
|
|
Decision or order reversed |
Total |
|||||
|
7 |
8 |
9 |
10 |
11 |
12 |
|
|
|
||||||
(Printed Part III-9)
Return No. 19
Annual statement of revision cases under the Rajasthan Relief and Agricultural Indebtedness Act
(Rule 338)
|
Name of proceedings (Civil or Criminal) |
Number of revision pending from last year |
Number of revisions instituted during the year |
Number of revisions disposed of during the year |
||
|
Rejected |
Decision or order confirmed |
Decision or order modified |
|||
|
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|||||
|
Number of revisions disposed of during the year |
Number of revision pending at the close of the year |
Number of cases pending for over six months |
Aggregate number of days during which the case entered in columns 8 lasted |
Average duration of each cause |
Remarks |
|
|
Decision or order reversed |
Total |
|||||
|
7 |
8 |
9 |
10 |
11 |
12 |
|
|
|
||||||
(Printed Part III-10)
Register No. 20
Annual statement Showing the Business of Civil Appellate Courts in Appeals from Decrees
(Rule 338)
|
Name of Presiding Officer and Class of Court |
Number of appeals before the Court |
||||||
|
Pending at the beginning of the year |
Instituted during the year |
Received by transfer from other Courts |
Remanded under Order XLI, Rule 23 |
Reviewed under Order XLVII, Rule 4 |
Revived under Order XLI Rules 19 and 21 |
Total |
|
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
|||||||
|
Number of appeals disposed of |
|||||
|
Summarily rejected under Order XLI, Rule 11 |
Dismissed or prosecuted |
||||
|
Number |
Aggregate number of days appeals remained pending |
Average number of days appeals remained pending |
Number |
Aggregate number of days appeals remained pending |
Average number of days appeals remained pending |
|
9 |
10 |
11 |
12 |
13 |
14 |
|
|
|||||
(Contd...)
Return No. 20 (Contd...)
|
Dismissed or not prosecuted |
|||||||
|
Confirmed |
Modified |
Reversed |
Remanded |
Aggregate number of days appeal remained pending (columns 15, 16, 17 and 18) |
By transfer |
||
|
Number |
Aggregate number of days appeals remained pending |
Average number of days appeals remained pending |
|||||
|
15 |
16 |
17 |
18 |
19 |
20 |
21 |
22 |
|
|
|||||||
|
Dismissed or not prosecuted |
Number of appeals |
Remarks |
|||
|
Total of columns 9, 12, 15, 16, 17, 18 and 20 i.e. disposed of |
Aggregate number of days appeals remained pending |
Average numbers of days appeals remained pending |
Pending at the close of the year |
Pending more than one year |
|
|
23 |
24 |
25 |
26 |
27 |
28 |
|
|
|||||
Return No. 21
Annual Statement Showing the Business of Civil Appellate Courts in Miscellaneous Appeals (Judicial)
(Rule 338)
|
Name of Presiding Officer and Class of Court |
Number appeals before the court |
||||||
|
Pending at the beginning of the year |
Instituted during the year |
Received by transfer from other Courts |
Remanded under Order XLI, Rule 23 |
Reviewed under Order XLVII, Rule 4 |
Revived under Order XLI, Rules 19 and 21 |
Total |
|
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
|||||||
|
Number appeals before the court |
|||||
|
Summarily rejected under Order XLI, Rule 11 |
Dismissed or prosecuted |
||||
|
Number |
Aggregate number of days appeals remained pending |
Average number of days appeals remained pending |
Number |
Aggregate number of days appeals remained pending |
Average number of days appeals remained pending |
|
9 |
10 |
11 |
12 |
13 |
14 |
|
|
|||||
(Contd...)
Return No. 21 (Contd...)
|
Dismissed or not prosecuted |
|||||||
|
Confirmed |
Modified |
Reversed |
Remanded |
Aggregate number of days appeal remained pending (columns 15, 16, 17 and 18) |
By transfer |
||
|
Number |
Aggregate number of days appeals remained pending |
Average number of days appeals remained pending |
|||||
|
15 |
16 |
17 |
18 |
19 |
20 |
21 |
22 |
|
|
|||||||
|
Dismissed or not prosecuted |
Number of appeals |
Remarks |
|||
|
Total of columns 9, 12, 15, 16, 17, 18 and 20 i.e. disposed of |
Aggregate number of days appeals remained pending |
Average numbers of days appeals remained pending |
Pending at the close of the year |
Pending more than one year |
|
|
23 |
24 |
25 |
26 |
27 |
28 |
|
|
|||||
(Printed Part III-12)
Return No. 22
Annual Statement of Undecided Suits Classified According to Years
(Rule 338)
|
Name of courts in the Judgeship |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
|
Munisifs I. Subordinate |
|
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
Total |
Remarks |
|
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
20 |
21 |
22 |
23 |
24 |
25 |
26 |
|
|
(Printed Part III-13)
Register 23
Annual Statement Showing the Result of Proceedings on Application for Execution of Decrees and Orders
(Rule 338)
|
Name of Presiding Officer and Class of Court |
Number of applications dealt with |
||||
|
Pending from last year |
Field |
Restored to the file for any cause |
Total |
||
|
The decrees or orders being those of the Courts where execution is taken out |
The decrees or orders being those of other Courts transferred for execution |
||||
|
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|||||
|
Applications disposed of |
Pending at end of the year |
Number of applications pending more than a year at end of the year |
Number of applications pending more than 3 years at end of the year |
|||
|
Wholly or party satisfied |
Wholly infructuous |
Transferred to another Court under Section 39 |
In the Court |
Total |
||
|
7 |
8 |
9 |
10 |
11 |
12 |
13 |
|
|
||||||
(Contd....)
Return No. 23 (Contd....)
|
Details of entries in column 7 |
|||||
|
Satisfaction obtained in full |
Satisfaction obtained in part |
Satisfaction obtained through the court |
Adjusted under Order XLI, Rule 2 |
Satisfaction obtained with the issue of process |
Satisfaction obtained without the issue of process |
|
14 |
15 |
16 |
17 |
18 |
19 |
|
|
|||||
|
Amount realised |
Number of applications |
Remarks |
|||
|
With the issue of process |
Without issue of process |
On which the judgment-debtor was imprisoned |
On which he was arrested under Section 55, but released without imprisonment |
On which salary of public officer or Railway Servant was, for the first time ordered to be withheld under Order XXI Rule 48 |
|
|
20 |
21 |
22 |
23 |
24 |
25 |
|
|
|||||
When a Subordinate Judge or Munsif is invested with the powers of a Judge of a Court of Small Causes or when a Judge of a Court of Small Causes is invested with the powers of a Subordinate Judge, the details of proceedings, on application in the exercise of each jurisdiction must be given separately.
In preparing this annual statement the following instructions shall be observed:-
1. This statement deals only with cases in which a written (Order XXI, Rule 10 of Act No. V of 1908) or oral (Order XXI, Rule 11) application for execution has been made an application under Order XXI, Rule 2, should not be entered unless there has also been an application for execution. An application for withdrawal of money deposited in Court not be included in this statement.
2. Oral applications under Order XI, Rule 11, are to be entered among applications filed.
3. Column 4.-The following cases only are to be entered : (i) those in which, after transfer, an application has been made for execution under Order XXI, Rule 10 and (2) those in which a decree or order has been transferred for execution by a Superior Court to a Subordinate Court. Applications under Section 39 simply for the transfer of decrees or orders to other Courts for execution are not applications for execution, and whether granted or refused should not be shown in this statement.
4. Column 8.-Application held to be barred by limitation and cases in which execution proceedings were infrastructure should be included in this column.
5. Column .9.-If after proceedings have been commenced of an application of execution the decree or order is sent to another Court under clauses (a) to (d) of Section 39(1), the application will be shown in (his column when no satisfaction of the decree has been obtained on the application in the transferring Court. When the transfer is made after part satisfaction has been obtained on the application, the application will be shown as disposed of columns 7 and 15.
6. Column 17.-Applications notifying adjustment out of Court, Order XXI. Rule 2, should be entered in this column, if there has been a previous application for execution, but not otherwise.
(Printed Part III-14)
Return No. 24
Annual Statement Explaining the Delay in Executing Applications Fending Over Three Years
(Rule 338)
Date...................................................................Application.
Date...............................................Process issued.
Date...................................................................Reason why unfruitful.
Date...................................................................Process issued.
Date...................................................................Reason why unfruitful.
why now pending
Order of superior court.
(Notes printed on reverse of form)
1. The notes should be very concise yet clear.
2. "Process issued", "Reason why unfruitful" - These entries must be continued till the application is disposed of
3. "Order of superior Court" - The District Judge should pass orders in case of unusual delay.
4. A separate form should be filled up for each pending applications.
5. The explanation should be sent to the High Court only in case of execution cases pending for over three years (Also see note on Return No. 14)
6. The following sample will show the proper method of preparing a form of explanation.
Return No. 24 (Contd...)
Case No of....................
Explanation of Execution Cases Pending more than Three Years
|
Date of application |
Mode in which execution is sought for |
Nature of orders passed and date |
What processes issued and when |
Date of execution of successive processes |
Reasons for such processes being unfruitful |
Date of application for time by either party with reasons thereof and whether granted or not |
For what reason now pending |
Remarks |
Order of Superior Court |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
|
(Printed Part III-15)
Register No. 25
Annual Statement Showing the Number of Persons Summoned and Examined
(Rule 338)
|
Name of Presiding Officer and class of court |
Number of parties |
Appearing in obedience to summons |
Examined other than those summoned (Column 5) |
Examined other than those summoned (Column 5) |
Appearing in obedience to summons, but not examined on the day they attended or the following day |
Remarks |
||
|
Ordered to attend personally under Order V Rule 3 |
Examined under Order X, Rule 2 |
|||||||
|
Of those entered in column 2 |
Other than those entered in column 2 |
|||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
Return No. 26
(Rule 338)
Annual Statement of Receipts from Search Fees, Inspection Fees, Copying Charges and of the Salary of Establishment Employed
(Rule 338)
|
Receipts |
Gratis business |
|||||
|
Court |
Charges for ordinary copies |
Charges for urgent copies |
Inspection fees |
Receipts from search fees |
Total |
Copying charge remitted |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
Total of columns 6 and 7 |
Disbursement of salaries of copyist |
Surplus including gratis business |
Deficit including gratis business |
Actual surplus |
Actual deficit |
Remarks |
|
8 |
9 |
10 |
11 |
12 |
13 |
14 |
(Printed Pad III-17)
Return No. 27
Annual Statement Showing the Number of Process Serving Peons Employed and Fees Received for their Services
(Rule 338)
|
Officer in charge of Process office |
Number of process servers employed |
Number of process served |
Fees paid for |
|||||
|
Aggregate |
Average per peon |
Summons or notices |
Arrests |
Other Process |
Emergent service |
|||
|
On defendant and respondents |
On witness |
|||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
Gross fees realised |
Refunds |
Net fees realised |
Salaries of |
Remarks |
||
|
Nazir and staff including Chaprasis |
Process servers |
Total |
||||
|
10 |
11 |
12 |
13 |
14 |
15 |
16 |
(Printed Part III-19)
Return No. 28
Annual Statement Showing the Income and Expenditure of Civil Courts
(Rule 338)
|
Name of Presiding Officer and Class of Court |
Income |
|||||||
|
Net value of Court fee Stamps (exclusive of those used to denote Process fees) |
Duty and penalties on instruments not duly stamped |
Fines |
Fees for employment of Amins |
Net Process fee |
Receipts under other budget heads |
Total |
||
|
Other fees |
Judicial record fund |
|||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
Expenditure |
Total |
Gain to Government |
Loss to Government |
Remarks |
|||
|
Salaries of officers and their establishment, half and salaries of the District and Sessions Judge and their subordinates who are employed on the Criminal as well as the Civil side, being entered |
Process serving establishment |
Amin establishment |
Judicial record fund |
||||
|
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
(Printed Part III-19)
Return No. 30
Annual Confidential Remarks about Subordinate Judicial Officers
(Rule 345)
Name of officer...........................................
Designation...............................................
Year.........................of........Report.............
(The report should comment generally on the way in which the officer has carried out his various duties during the year and should give an estimate of his personality, character and abilities. It should cover the points noted below and should also express an opinion on any point specially required at any particular lime e.g. faintness to pass an efficiency bar, and in the case to officers who are senior enough to be considered for such posts, fitness to hold the post of an Additional District and Sessions Judge or the post of a District and Sessions Judge, as the case may be).
1. Integrity of the Officer.
2. If (whether) fie is fair and impartial in dealing with the public and the Bar?
3. If (whether) he is cool-minded and does not show temper in Court?
4. His private character, if such as to lower him in the estimation of the public and adversely affect the discharge of his official duties.
5. Capacity to handle files systematically.
6. Whether judgments on facts and law are, on the whole, sound, well reasoned and expressed in good language?
7. Whether the disposal of work is adequate?
8. Control over the office, and administrative capacity and tact.
9. Capacity to control the proceedings in Court with fitness and follow the procedure prescribed by law.
10. Relations with the Bar.
11. General remarks.
Integrity Certificate
Nothing has come to my knowledge which casts any reflection on the integrity of Shri.........................................
His general reputation for honesty is good and certify his integrity.
District & Sessions Judge
...........................
For use in the High Court
Work done : Work days = Institution Disposal
Standard Below Standard % No remarks
Judgments noticed by
H.C. =
S.C. =
Remarks by the Hon'ble Administrative Judge Remarks by the Hon'ble Chief Justice
(Not Printed).
Return No. 31
Annual Return of all Landed Property Acquired or Parted with by the District Judge and by all the Subordinate Judicial Officers during the Preceding Calendar Year
(Rule 348)
|
Name |
Appointment |
Village or Town, Tehsil and District |
Area in acres (in case of agricultural land) or square yards |
Revenue assessed |
Estimated value |
Whether acquired or parted with |
How-acquired or parted with |
From whom acquired or parted with |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
|
(Not Printed)
Return No. 31-A (Schedule K)
Annual Return of the Landed Property held by the Judicial Officers Appointed during the Preceding Calendar Year
(Rule 348)
For all officers/employees of the State Services. (This shall be clearly filed up and signed by each of the year Officer/employee of the concerning State service and shall be sent to the Reporting Officer for enclosing it with report.)
1. Full Name
2. Name of father/husband
3. Name of the Service
4. Dale of birth
5. Name of the relatives who are in State Service.
|
S. No. |
Name |
Relations |
Post on which servicing |
Department |
|
1 |
||||
|
2 |
||||
|
3 |
||||
|
4 |
||||
|
5 |
||||
|
etc. |
6. Name of the sons/daughters, or dependents, if any, those who are serving in such a private firm with whom the officer has connections with regard to State affairs or serving in such other firms who have connections with the Stale as well as the State affairs.
[According to Rule 5 of the Rajasthan Civil Services (Conduct) Rules, 1971],
|
Name |
Relation |
Name of the firm |
Post on which serving |
7. Detailed report of the immovable properly of the Officer or of any member of as family :-
|
Name |
Details of Property |
Situated at |
Estimated value |
Date and mode of acquire or transfer |
Signature of the Officer/employee
Name.....................................................
Post.....................................................
Date.....................................................
(Not Printed)
Return No. 32
Annual Report about Adequacy of Securities
(Rule 349)
|
Name of Court |
Name of public accountant |
Designation |
Amount of security given |
When value of landed property last verified |
Notes or cash where lodged |
Security bond where lodged |
Have the provisions of the rules been duly observed |
Remarks |
|
|
Value of pronotes or cash |
Value in landed Property |
||||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
(Not Printed)
Return No. 33 (Not Available in Rules)
Return No. 34
Annual indent of Printed Non-saleable Forms
(Rule 394)
Name of Court ..................................
|
S. No. |
Number and description of printed non-saleable forms |
Estimated annual requirements |
Quantity in stock on |
Quantity indented |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
Note.-Forms enough to last a whole year and to leave a margin of three month's consumption at the end of the year (after taking existing stock into account) should be indented.
(Printed Part III-20)
Return No. 35
Annual Statement of Saleable Forms
(Rule 396)
|
S. No. |
Number and description of saleable forms |
Balance stocks on 1.4.......... |
Value |
Receipts during the year |
Value |
Issues during the year |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
(Printed Part III-21).
Return No. 36 to 40 (Not available in Rules)
Return No. 41
Statement of Business Pending in the Court of the Officer Applying for Leave
(Rule 498)
|
Name of the officer |
Designation |
Period of leave applied for |
Commitments |
Criminal appeals |
Other Criminal cases |
Original suits |
Execution cases |
Civil appeals |
Other Civil cases |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
(Printed Part III-22)
Return No. 42
Transmission of a copy of Register of Casual Leave of a Judicial Officer Subordinate to a District Judge when he is Transferred to another District
(Rule 500)
|
S. No. |
Name of the Officer |
Leave taken during the year |
Remarks |
||||||||||||||
|
15 |
14 |
13 |
12 |
11 |
10 |
9 |
8 |
7 |
6 |
5 |
4 |
3 |
2 |
1 |
|||
(Not Printed)
Return No. 43
(From Not Prescribed)
Appendix 'E'
List of Printed Forms authorised by the High Court for use in District and Subordinate Civil Courts which may be obtained from the Government Press on indent
Part 'I'-Judicial-Civil
Forms (General) under the General Rules (Civil), 1986 vide Appendix 'B'
|
Part and Number |
Appendix and number of forms in the Manual of Civil Court Rules, 1986, Vol. II |
Description of from |
|
1 |
2 |
3 |
|
I-1 |
B-l |
Cause list |
|
I-2 |
B-2 |
Receipt slip. |
|
I-3 |
B-3 |
List of documents required to be produced under Order VII Rule Hand Order XIII, Rule 1. |
|
I-4 |
B-4 |
General Index |
|
I-5 |
B-9 |
Title page and wrapper |
|
I-6 |
B-10 |
Order Sheet. |
|
I-7 |
B-11 |
Part-wise Index |
|
I-8 |
B-12 |
List of records transmitted to the Record room. |
|
I-9 |
B-13 |
Invoice of records and papers dispatched. |
|
I-10 |
B-14 |
Record Keeper's report when a record is found to be defective. |
|
I-11 |
B-15 |
List of Registers, Books and Papers transmitted to Record-room. |
|
I-12 |
B-16 |
Notice to take back documents. |
|
I-13 |
B-17 |
Requisition for record. |
|
I-14 |
B-18 |
Form for transmission of record. |
|
I-15 |
B-19 |
Application for inspection of record |
|
I-16 |
B-20 |
Application for copy of record. |
|
I-17 |
B-22 |
Receipt Book of Head Copyist for photostat copies. |
|
I-18 |
B-23 |
Tender. |
|
I-19 |
B-24 |
List of the unexpended balances of deposited money which are due and have become repayable. |
|
I-20 |
B-25 |
Application for repayment of deposit. |
|
I-21 |
B-27 |
Receipt of direct payment to parties made in Court. |
|
I-22 |
B-29 |
Certificate for refund of Court-fee. |
|
I-23 |
B-31 |
Amin's Receipt Book (In books of 100 forms). |
|
I-24 |
B-32 |
Payment order by Amin (In books of 100 forms.) |
|
I-25 |
B-34 |
Licence for Petition-writer. |
|
Forms relating to Volume III, Chapter IV |
||
|
I-26 |
A-3 |
Form of Debtors petition. |
|
I-27 |
A-4 |
Notice to creditors of the date of hearing of an insolvency petition. |
|
I-28 |
A-5 |
Order of Adjudication. |
|
I-29 |
A-6 |
Order appointing a Receiver, Section 56. |
|
I-30 |
A-7 |
Notice to creditors of the date of consideration of a composition or scheme of arrangement, Section 38(1) |
|
I-31 |
A-8 |
List of creditors for use at meeting held for consideration of composition or scheme. |
|
I-32 |
A-9 |
Notice to persons claiming to be creditors of intention to declare final dividend, Section 64. |
|
I-33 |
A-10 |
Order annulling adjudication under Section 35. |
|
I-34 |
A-11 |
Notice to creditors of application for discharge under Section 41(1) |
|
I-35 |
A-12 |
Order of discharge subject to conditions as to earnings after acquired property and income, Section 41 (2)(a), (b) or (c) |
|
I-36 |
A-13 |
Notice of application by unscheduled creditor. |
|
I-37 |
A-15 |
Proof of debt, General form Section 49. |
|
I-38 |
A-16 |
Proof of debt of workman under Section 49. |
|
I-39 |
A-17 |
Notice to creditors for summary administration under Section 74. |
|
Forms relating to Chapter V of Volume III |
||
|
I-40 |
A-6 |
Inventory to be furnished by an Executor or Administrator. |
|
I-41 |
A-7 |
Account to be furnished by an Executor or Administrator. |
Part 'II'-Judicial-Civil
Forms (General) under the General Rules (Civil), 1986 vide Appendix 'C'
|
Part and Number |
Appendix and number of forms in the Manual of Civil Court Rules, 1986, Vol. II |
Description of from |
|
1 |
2 |
3 |
|
II-1 |
C-1 |
Staff Attendance Register. |
|
II-2 |
C-2 |
Judges' Attendance Register. |
|
II-3 |
C-4 |
Register of Commissions issued. |
|
II-4 |
C-5 |
Register of Affidavits verified by Munsarim or Readers. |
|
II-5 |
C-7 |
Registrar of Process Servers Diary. |
|
II-6 |
C-8 |
Register of Requisitions of records. |
|
II-7 |
C-9 |
Register of applications for informations. |
|
II-8 |
C-10 |
Register of Inspection of records. |
|
II-9 |
C-11 |
Register of Applications for Copies, Estimate of Copying-Charges for maps, plans etc. and number of words copied by copyist. |
|
II-10 |
C-12 |
Register of Records handed-over to Copyists. |
|
II-11 |
C-13 |
Register of Applications for copies disposed of. |
|
II-12 |
C-14 |
Register of Applications for photostat Copies. |
|
II-13 |
C-15 |
Cash-book for Photostat copies. |
|
II-14 |
C-16 |
Register of Receipts of Deposits. |
|
II-15 |
C-17 |
Register of Repayments of Deposits. |
|
II-16 |
C-18 |
Register of Petty Receipts and Repayments. |
|
II-17 |
C-19 |
Register of Applications for Repayment Orders. |
|
II-18 |
C-21 |
Deposit Cash-Book (Subsidiary). |
|
II-19 |
C-22 |
Register of Revenue Receipts. |
|
II-20 |
C-25 |
Register of Tenders (Challans) |
|
II-21 |
C-25 |
Acquittance Roll. |
|
II-22 |
C-27 |
Cash-Book (General). |
|
II-23 |
C-28 |
Register of Contingent Charges. |
|
II-24 |
C-29 |
Register of Salary Bills. |
|
II-25 |
C-30 |
Register of T.A. Bills. |
|
II-26 |
C-31 |
Register of Invoices. |
|
II-27 |
C-33 |
Register of Articles deposited with Nazir. |
|
II-28 |
C-34 |
Register of Civil Suits. |
|
II-29 |
C-35 |
Register of Civil suits Disposed of. |
|
II-30 |
C-36 |
Register of Execution Applications. |
|
II-31 |
C-37 |
Register of Execution Applications Disposed of |
|
II-32 |
C-38 |
Register of Miscellaneous Judicial Cases not relating other cases. |
|
II-33 |
C-39 |
Register of Returned Documents. |
|
II-34 |
C-40 |
Register showing the classification and value of suits instituted. |
|
II-35 |
C-41 |
Register of Miscellaneous Cases (Judicial) relating to other cases. |
|
II-36 |
C-44 |
Register of Records Requisitioned and returned. |
|
II-37 |
C-45 |
Register of Persons Summoned and Examined. |
|
II-38 |
C-46 |
Register of Injunctions and Stay Orders. |
|
II-39 |
C-47 |
Memorandum Book of Dates for cases. |
|
II-40 |
C-48 |
Register of Appeals from Decrees. |
|
II-41 |
C-49 |
Register of Appeals from Decrees disposed of. |
|
II-42 |
C-50 |
Register of Miscellaneous Appeals. |
|
II-43 |
C-51 |
Register of Miscellaneous Appeals disposed of. |
|
II-44 |
C-52 |
Register of Revision Cases under the Gram Panchayat Act. |
|
II-45 |
C-53 |
Register of Revision Cases under the Rajasthan Relief of Agricultural Indebtedness Act, 1957 |
|
II-46 |
C-55 |
Process Register. |
|
II-47 |
C-56 |
Register of Peons (Process-servers). |
|
II-48 |
C-57 |
Despatch Register (Local). |
|
II-49 |
C-58 |
Despatch Register (Postal). |
|
II-50 |
C-64 |
Register of Court-fees and Process-fees. |
|
II-51 |
C-65 |
Register of Casual Leave. |
|
II-52 |
C-66 |
General Register of correspondence files and the files closed. |
|
II-53 |
C-67 |
Register of letters received. |
|
II-54 |
C-68 |
Register of letters issued. |
|
II-55 |
C-69 |
Register of General Letters and Circulars. |
|
II-56 |
C-72 |
General Register of Books. |
|
II-57 |
C-73 |
Register of periodicals received. |
|
II-58 |
C-76 |
Stock Book of Non-Saleable Printed Forms. |
|
II-59 |
C-78 |
Stock Book of Stationery Articles. |
|
Registers relating to Volume-III, Chapter IV |
||
|
II-60 |
B-1 |
Insolvency Register. |
|
II-61 |
B-2 |
Register of Insolvent's estates in the names of receives. |
Part III-Judicial-Civil
Forms of Returns (Statements) and Reports in the Manual of Civil Court Rules, 1986 (vide Appendix 'D')
Part and Number Appendix and number of forms in the Manual of Civil Court Rules, 1986, Vol. II Description of from
|
Part and Number |
Appendix and number of forms in the Manual of Civil Court Rules, 1986, Vol. II |
Description of from |
|
1 |
2 |
3 |
|
III-1 |
D-2 |
Monthly Attendance Register of Subordinate Courts (at headquarters) and the true copies of such registers of outlying courts. |
|
III-2 |
D-4 |
Monthly statement showing the grand total of amounts of receipts under head '065-Administration of justice'. |
|
III-3 |
D-5 |
Quarterly statement of work done and of pending files. |
|
III-4 |
D-13 |
Annual statement showing the general result of the trial of civil suits. |
|
III-5 |
D-14 |
Annual statement explaining the delay in civil suits pending over three years. |
|
III-6 |
D-15 |
Annual statement showing the number and description of suits instituted. |
|
III-7 |
D-16 |
Annual statement showing the number and value of suits instituted. |
|
III-8 |
D-17 |
Annual statement showing the mode of disposal of miscellaneous cases (Judicial). |
|
III-9 |
D-18 |
Annual statement of Revision cases under the Gram Panchayat Act. |
|
III-10 |
D-19 |
Annual statement of Revision cases under the Rajasthan Relief of Agricultural Indebtedness Act. |
|
III-11 |
D-20 |
Annual statement showing the business of Civil Appellate Courts in appeals from decrees. |
|
III-12 |
D-21 |
Annual statement showing the business of Civil Appellate Courts in Miscellaneous Appeals (Judicial). |
|
III-13 |
D-22 |
Annual statement of undecided suits classified according to years. |
|
III-14 |
D-23 |
Annual statement showing the result of proceedings on applications for execution of decrees and orders. |
|
III-15 |
D-24 |
Annual statement explaining the delay in executing applications pending over three years. |
|
III-16 |
D-25 |
Annual statement showing the number of persons summoned and examined. |
|
III-17 |
D-26 |
Annual statement of receipts from Search-fees, Inspection fees, Copying charges and of the salary of the establishment employed. |
|
III-18 |
D-27 |
Annual statement showing the number of process serving peons employed and the fees received for their services. |
|
III-19 |
D-28 |
Annual statement showing the income and expenditure of Civil Courts. |
|
III-20 |
D-34 |
Annual indent of printed non-saleable forms. |
|
III-21 |
D-35 |
Annual statement of saleable forms. |
|
III-22 |
D-41 |
Statement of business pending in the court of officer applying for leave. |
|
Return relating to Volume III, Chapter IV |
||
|
III-23 |
C-5 |
Annual statement showing the number and result of insolvency petitions and the number of insolvents. |
|
III-24 |
C-6 |
Annual statement of proceedings in insolvency showing the number of estates in the hands of receivers and progress made in winding them up. |
|
Return Relating to Volume III, Chapter V |
||
|
III-25 |
A-1 |
Annual statement showing the number of probates, letters of Administration and certificates issued. |
Part IV-Judicial-Civil
Forms under the Code of Civil Procedure, 1908
|
Part and Number |
Appendix and number of forms in the Code |
Description of from |
|
1 |
2 |
3 |
|
IV-1 |
B-1 |
Summons for disposal of suits (Order V, Rules 1 and 5). |
|
IV-2 |
B-2 |
Summons for settlement of issues (Order V, Rules 1 and 5). |
|
IV-3 |
B-4 |
Summons in summary suits on Negotiable Instruments (Order XXXVII, Rule 2). |
|
IV-4 |
B-6 |
Summons to legal representatives of a deceased defendant (Order XXII, Rule 4). |
|
IV-5 |
B-13 |
Summons to witness (Order XVI, Rules 1 and 5). |
|
IV-6 |
B-14 |
Proclamation requiring attendance of witness (Order XVI, Rule 10). |
|
IV-7 |
B-15 |
Proclamation requiring attendance of witness when served (Order XVI, Rule 10). |
|
IV-8 |
B-16 |
Warrant of attachment of property of witness (Order XVI, Rule 10). |
|
IV-9 |
B-17 |
Warrant of arrest of witness (Order XVI, Rule 10). |
|
IV-10 |
D-1 |
Decree in original suit (Order XX, Rules 6 and 7) |
|
IV-11 |
E-3 |
Order sending decree for execution to another court (Order XXI, Rule 6). |
|
IV-12 |
E-4 |
Certificate of non-satisfaction of decree (Order XXI, Rule 6). |
|
IV-13 |
E-5 |
Certificate of execution of decree transferred to another court (Order XXI, Rule 6). |
|
IV-14 |
E-7 |
Notice to show cause why execution should not issue (Order XXI, Rule 16). |
|
IV-15 |
E-8 |
Warrant of attachment of movable property in execution of a decree for money (Order XXI, Rule 30). |
|
IV-16 |
E-11 |
Warrant to give possession of land when in possession of tenant (Order XXI, Rule 35). |
|
IV-17 |
E-11 |
Warrant to give possession of immovable property (Order XXI, Rule 35). |
|
IV-18 |
E-12 |
Notice to show cause why warrant of arrest should not issue (Order XXI, Rule 37). |
|
IV-19 |
E-13 |
Warrant of arrest in execution (Order XXI, Rule 38). |
|
IV-20 |
E-14 |
Warrant of commital of judgment debtor to jail (Order XXI, Rule 40). |
|
IV-21 |
E-16 |
Prohibitory order when movable property to be attached is in possession of others (Order XXI, Rule 46). |
|
IV-22 |
E-17 |
Prohibitory order for attachment of debts (Order XXI, Rule 46). |
|
IV-23 |
E-19 |
Order to withhold salary (Order XXI, Rule 48). |
|
IV-24 |
E-24 |
Prohibitory order in respect of immovable property to be attached in execution (Order XXI, Rule 54). |
|
IV-25 |
E-25 |
Order for payment to the plaintiff etc. of money etc. in the hands of a third person (Order XXI, Rule 56). |
|
IV-26 |
E-26 |
Notice to attaching creditor (Order XXI, Rule 58). |
|
IV-27 |
E-27 |
Warrant of sale of property in execution of a decree for Money (Order XXI, Rule 66). |
|
IV-28 |
E-28 |
Notice of the day fixed for setting a sale proclamation (Order XXI, Rule 66). |
|
IV-29 |
E-29 |
Proclamation of sale (Order XXI, Rule 66). |
|
IV-30 |
E-30 |
Order on the Nazir for causing service of proclamation of sale (Order XXI, Rule 66). |
|
IV-31 |
E-36 |
Notice to show cause why sale should not be set-aside (Order XXI, Rules 90 and 92). |
|
IV-32 |
E-38 |
Certificate of sale of land (Order XXI, Rule 94). |
|
IV-33 |
E-40 |
Summons to obstructor (Order XXI, Rule 97). |
|
IV-34 |
F-1 |
Warrant of arrest before Judgment (Order XXXVIII, Rule 1). |
|
IV-35 |
F-5 |
Order for attachment before Judgment and calling for security (Order XXXVIII, Rule 5). |
|
IV-36 |
F-7 |
Attachment before Judgment on failure to furnish security (Order XXXVIII, Rule 6). |
|
IV-37 |
F-9 |
Appointment of receiver (Order XL, Rule 1). |
|
IV-38 |
G-5 |
Intimation to lower court of admission of appeal (Order XLI, Rule 13). |
|
IV-39 |
G-6 |
Notice of appeal to respondent (Order XLI, Rule 14). |
|
IV-40 |
G-9 |
Decree in appeal (Order XLI, Rule 35). |
|
IV-41 |
G-14 |
Notice to show cause against review (Order XLVII, Rule 4). |
|
IV-42 |
H-3 |
Notice of payment into Court (Order XXIV, Rule 2). |
|
IV-43 |
H-4 |
Notice to show cause (General Form). |
|
IV-44 |
H-5 |
List of documents filed (Order XII, Rule 1). |
|
IV-45 |
H-7 |
Commission to examine absent witness (Order XXVI, Rules 4 and 18). |
|
IV-46 |
H-8 |
Letter of request forwarding Commission (Order XXVI, Rule 5). |
|
IV-47 |
H-11 |
Notice to minor defendant and guardian (Order XXXII, Rule 3). |
|
IV-48 |
H-12 |
Notice of hearing of application for pauperism (Order XXXIII, Rule 6). |
Appendix 'F'
[List of Saleable Forms (Rules 395, 397 & 398)]
|
Part and Number |
Description of form |
|
I-15 |
Application for inspection of record (Form No. 19 of Appendix 'B' of these Rules). |
|
I-16 |
Application for copies of record (Form No. 20 of Appendix 'B' of these Rules) |
|
I-18 |
Fender (Form No. 23 of Appendix 'B' of these Rules). |
|
I-20 |
Application for repayment of deposit (Form No. 25 of Appendix 'B' of these Rules). |
|
IV-1 |
Summons for disposal of suits (Order V, Rules 1 and 5). |
|
IV-2 |
Summons for settlement of issues (Order V, Rules 1 and 5). |
|
IV-4 |
Summons to legal representative of a deceased defendant (Order XXII, Rule 4). |
|
IV-5 |
Summons to witness (Order XIV, Rules 1 and 5). |
|
IV-14 |
Notice to show cause why execution should not issue (Order XXI, Rule 16). |
|
IV-28 |
Notice of the day fixed for setling sale proclamation (Order XXI, Rule 66). |
|
IV-31 |
Notice to show cause why sale should not be set aside (Order XXI, Rules 90 and 92). |
|
IV-33 |
Summons to obstructor (Order XXI, Rule 97). |
|
IV-39 |
Notice of appeal to respondent (Order XLI, Rule 14). |
|
IV-41 |
Notice to show cause against review (Order XLVII, Rule 4). |
|
IV-42 |
Notice of payment into Court (Order XXIV, Rule 2). |
|
IV-43 |
Notice to show cause (General Forms). |
|
IV-44 |
List of documents filed (Order XIII, Rule 1). |
|
IV-47 |
Notice to minor defendant and guardian (Order XXXII, Rule 3). |
Appendix 'G'
Rules for providing against the occurrences of fire in Court buildings
1. With a view to better supervision of court and record rooms a responsible official of each court, nominated by the Presiding Officers, must remain in the court building until the court building is closed for the night.
2. Official will personally inspect each Court room as he closes it and will put the keys in the place provided for their custody. For this Presiding Officers are left at liberty to make whatever arrangements are most suitable.
3. Where a police guard is stationed for watch and ward over the court buildings, the official in charge of the guard will accompany an official who is on his round to close rooms and offices.
4. In the case of each room special care must be taken that every almirah and cupboard is closed down and that no papers are lying about.
5. The door of each court room will be personally opened each morning by responsible official who will make a round of the rooms and record as to the state in which he finds them; that record will be placed before the Judge on his arrival at Court.
6. The record-room or record-rooms will invariably be closed not later than 5 p.m. of each day. The record-keeper will go through each room of the record-room and take care that no records are lying about or papers scattered on the floor. The record-room staff is responsible that at the close of each day all papers are gathered up and put into a safe place. No smoking of any kind is on any pretence to be permitted in a Court, in any office-room attached to a court or any part of the record-room or its annexues. The Munsarim of each court and the record-keeper will be responsible that this rule is strictly enforced, and bring to the notice of the Judge any infringement thereof.
7. Provision should be made for either (1) a sufficient number of 'gharas' either of water or sand in some portion of the Court-house which can be easily reached (these 'gharas' should be inspected on the 1st of each month to see that they are properly filled and ready for use) or preferably (2) for a proper supply of Fire Extinguishers prepared by authorised companies.
These must be so placed that they can be taken down and used for the purpose of extinguishing any fire.
8. The Munsarim of each Judge's Court will personally inspect Fire Extinguishers (where provided) on 2nd of January and 1st of June, in each year and report to the Judge that they are all in order.
9. The Nazir on the opening day of each month will personally inspect every room, clerestory or roof that is guarded wire and report to the Judge whether the wire is in proper order or whether there are places where repair is called for.
Appendix 'H'
Seals of Civil Courts
|
Name of Court |
Shape |
Dimensions |
|
1. District Judge |
Round |
2-½ Diameter |
|
2. Civil Judge |
||
|
3. Munsif |
||
|
4. Court of small Causes |
Round |
2-½ Diameter |
Appendix 'I'
Instructions for Inspection
The main points to be ascertained from an inspection are these :-
(1) What Improvements are required in the buildings, the premises and furnitures?
(2) Is the Presiding Officer business-like and intelligent in his methods and does he exercise efficient supervision?
The quality of his judicial work can best be judged by appellate courts, but his capacity as an organizer and supervisor are best judged from an inspection of his court and office. In order to decide these points, it is necessary for an inspecting officer to note the state of the files, the methods in which the dates are fixed, how the day's duties are divided amongst office work disposal of original suits, appeals, executions, miscellaneous matters etc., and how the members of the Bar, the litigants and the witnesses are treated. It is most important to ascertain whether the arrangements made to meet the convenience of the public are satisfactory. The inspecting officer should then check the procedure to ascertain how pleadings are examined, how notices are issued, how documents are admitted into evidence and refunded when rejected, how issues are framed, whether suits are dismissed or restored to hearing capriciously or for good cause, whether adjournments are granted or refused for sufficient reason, how the interests of minors are protected, whether arrest and attachment before judgment and temporary injunctions are granted, refused or retained for good reasons, and any other points which make for efficiency, such as the proper reception and filing of papers and preparation of records according to the High Court Rules. He must next examine the work tinder the heads of execution, the issue of commissions, the distribution of commissions, the supervision of commissioners, the supervisions of arbitrators and the work of receivers. He should then examined the work in the munsarim's department, the copying department, the record room department, the nazir's department, the amin's department and the process-servers' department. Upon such an inspection he should be in a position to form a useful opinion as to the organizing capacity and business like qualities of the Presiding Officer and as to the extent of control and guidance exercised by him over his sub-ordinate staff.
Questions
The following questions are appended. They are intendment to exhaustive but to serve as a guide. It is not necessary that at any inspection all these questions should be answered. The High Court will judge the efficiency of the inspection upon broad lines. These questions however, should be of assistance to inspecting officers. They arc intended for officers inspecting courts subordinate to them but many of the points raised in them can be utilized by officers who are inspecting their own offices. In the later case no remarks will obviously be made as to the qualities of the official himself:-
I. What is the name or names of Presiding Officer or officers since the last inspection?
II. What improvements does the inspecting officer suggest in :-
(a) building
(b) premises, and
(c) furniture?
What are the reasons for the improvements suggested? Give a rough estimate of cost of such improvements. How far can they be met from funds at the disposal of the judgeship :
III. On what dates did the Presiding Officer inspect his office during the 12 months preceding the date of his inspection?
IV. Were the Presiding Officer's inspections practical and effective?
V. What is the state of file?
|
Number Pending |
||||
|
Not older than one year |
Older than one year but not older than three years |
Older than three years |
Number pending on same date last year |
Date of oldest case |
|
Original suits |
||||
To what causes do you attribute the increase or decrease of the pending file?
VI. Is the case diary kept up properly under the rules? Are dates fixed for hearing by the Presiding Officer, in such a manner as to facilitate hearings on the dates fixed, whether original or adjourned dates? Has any case been postponed more than twice for want of time?
VII. Examine a number of records including the older cases. As many records should be examine as time permits. Useful results are not likely to be obtained unless at least 20 records are so examined, if it is possible, a full day can be usefully spent in examining such records -
(a) If some witnesses are present and others are not, are those present heard and discharged?
(b) Do Presiding Officers direct their attention to the following rules and do they exercise a sound discretion in their application? (Separate answers should be given under each heading on those points which can be ascertained in the inspection of records):
(i) Order 1, Rule 2
(ii) Order I, Rule 4
(iii) Order III, Rules 2-5
(iv) Order V, Rule 20
(v) Order VI, Rules 2-13 (See Gauri Shanker vs. Monki Kunwar, 21 A.L.O.R., page 571)
(vi) Order VII, Rule 3
(vii) Order VII, Rule 7
(viii) Order VIII, Rules 14-26
(ix) Order VIII, Rules 2-5 and Rules 11-12
(x) Order IX, Rule 9
(xi) Order IX, Rule 13
(xii) Order X, Rules 1 -4
(xiii) Order XI, Rule 14 (xix) Order XIII, Rules 1-2
(xv) Order XIII, Rule 4
(xvi) Order XIII, Rule 6
(xvii) Order XVI, Rules 1-5
(xviii) Order XVII, Rules 1-3
(xix) Order XXIII, Rule 1
(xx) Order XXXII, Rules 3-4
(xxi) Order XXXII, Rules 7-8
(xxii) Order XXXIV, Rule 1
(xxiii) Order XXXVIII, Rules 1-12
(xxiv) Order XXXIX, Rules 1-10
(xxv) Order XLI, Rule 38
(c) Are proper dates fixed for the return of summonses issued to other districts and States? Give instances.
VIII. Examine a sufficient number of records in order to be able to determine the points under the following questions :-
(a) Does the Presiding Officer exercise proper control over the execution of decrees? Is he fully conversant with the work of his office in this respect?
(b) Does the Presiding Officer issue and distribute commissions with discretion? What steps does he take to ensure that commissions are promptly and efficiently executed?
(c) Does the Presiding Officer keep himself in touch with the work done by arbitrators and take proper steps to prevent delay in filing awards?
(d) Is the work of receivers properly checked?
IX. [Report fully on the following points] :-
What is your opinion of the Presiding Officer's work? Do you consider him methodical and businesslike? Does he arrange his work so as to prevent avoidable delay? Has he proper control over his office? What are his relations with the members of the legal profession and the public?
X. (a) When and where does the Munsarim (or Chief Ministerial Officer) receive applications?
(b) When and where is inspection of records granted?
(c) When does he pass orders on applications received?
(d) Are the copies of the High Court Rules posted up-to-date? Are correction slips indexed?
(e) Is the library in good order and the catalogue properly kept up? Are the Rules 379 to 392 of the Manual of Civil Court Rules, 1986 for libraries observed?
(f) If the inspection fees and search fees are low, examine thoroughly whether surreptitious inspections are allowed or information given.
(g) In case where information was reported as not forthcoming, was any real and prolonged search made?
[(h) What is your opinion of the work of the Munarim (or Chief Ministerial Officer)]?
Copying Department
XI. (a) Take some 20 consecutive days in the register of applications for copies and note whether the rule of strict priority is observed in granting (a) urgent, and (b) ordinary copies?
(b) Are Rules 218-249 relating to copying properly observed?
(c) How long is taken on an average to prepare :-
(i) ordinary copies?
(ii) urgent copies?
(d) Is the copying staff under or over manned and is the work properly distributed?
(e) What is your opinion of the work of the Head Copyist? Is the work done intelligently and in a business-like manner? Is supervision effectual?
Record Room
XII. (1) How is the work distributed between the record keeper and his assistants?
(2) Take the receipts of the monthly bundles for the six months and note :-
(a) If they were received on due dates from all courts
(b) Were the different classes of records accompanied by lists in proper form?
(c) By what date were the records of each months :-
(i) examined?
(ii) restored?
(iii) restored?
(d) Was any report made to the Judge regarding the records? What was its nature and what orders were passed?
(e) How many records still remain to be :-
(i) examined?
(ii) restored?
(3) (a) How many registers of requisitions are kept up? What form they are in?
(b) Take 50 consecutive entries in the register of requisitions and note :-
(i) In how many cases were the records sent after time? What was the cause in each case?
(ii) In how many cases were the records not sent at all? What was the cause in each case?
(iii) What is the greatest delay in complying with any requisition, and why did it take place?
(c) Take all the pending requisitions and not if in each case there is an order of the Judge.
(d) How many records returned after requisition are there not yet restored? Why? (In each case)
(e) Are quarterly reports made of the Judge of records not returned within three months from date of issue?
(4) What weeding is being done now? Is it up-to-date? Give exact figures with reasons for any arrears.
(5) Is the accommodation for records in the record room sufficient?
*(6) What is your opinion of the work of the record keeper? Is the work done intelligently and in a business like manner? Is supervision effectual?
XIII. (a) Set out the examination made of the accounts registers and of the Nazir's registers.
[(b) What is your opinion of the work of the Nazir? Is the work done intelligently and in a business-like manner? Is supervision effectual?]
XIV. (a) Note below the results of your inspection of the work of the Amins, (b) Do the Amins do their work promptly and efficiently? Is there avoidable delay in carrying out their duties? Does the Presiding Officer exercise a proper check over the work of the Amins?
XV. Are the arrangements for division of work amongst the process serving staff satisfactory? Are the diaries of process-servers properly examined by the Presiding Officer? Is every man fully employed? Do you consider that there is reason to suspect deliberate failure to serve processes? If so. to what extent? Can you make any suggestion for improvement? How many process servers are there? What salary do they receive? How many of the process servers are literate?
Vol. III
Rules Framed By Rajasthan High Court Under Certain Enactments
CHAPTER I
Rules under Indian Divorce Act, 1869
The following rules have been framed by the Rajasthan High Court under Section 62 of the Indian Divorce Act, 1869 (Act No. IV of 1869) and other sections of the Act empowering it in this behalf, relating to the procedure of District Courts.
1. Short title and commencement. - These Rules may be called "Rajasthan Divorce Rules, 1984."
2. They shall come into force from the date of their publication in the Rajasthan Gazette.
Petition
3. Contents of petition and prayer. - (a) The body of a petition under Sections 10, 18, 23, 27, 32 and 34 of the Indian Divorce Act, 1869 hereinafter called "the Act" shall, in addition to any particulars required by law to be included, contain the particulars stated below:-
(i) whether the petitioner professes the Christian religion;
(ii) the place and date of the marriage and the name, status and domicile of the wife before the marriage;
(iii) the status of the husband and his domicile at the time of the marriage and at the time when the petition is presented, and his occupation and the place or places of residence of the parties at the time of institution of the suit;
(iv) the principal permanent address where the parties have cohabited, including the address where they last resided together in India;
(v) whether there is any living issue of the marriage, and, if so, the names and dates of birth or ages of such issues;
(vi) whether there have been in any Court in India or outside India any, and if so what, previous proceedings with reference to the marriage by or on behalf of either of the parties to the marriage, and the result of such proceedings;
(vii) the matrimonial offences charged set out in separate paragraph with the times and places of their alleged commission;
(viii) the claim for damages, if any;
(ix) the grounds on which the petitioner claims that the District Court, in which the petition is presented, has jurisdiction to determine the petition;
and, if the petition is one for a decree of dissolution of marriage or nullity of marriage, or judicial separation it shall further state that there is no collusion or connivance between the petitioner and the other party to the marriage.
(b) The petition shall conclude with a prayer setting out particulars or the relief claimed including the amount of any claim for damages and any order for custody of children which is sought, and shall be signed by the petitioner:
Provided that where the petitioner is, by reason of absence or for other good cause, unable to sign the petition, it may be signed by any person duly authorised by him or her to sign the same or to sue on his or her behalf.
4. Marriage certificate to be annexed to petition. - All petitions under Sections 10, 18, 23, 27, 32 and 34 of the Indian Divorce Act, 1869 shall be accompanied by a certified copy of the certificate of marriage, if such certificate is available to the petitioner or applicant and if no such certificate is available by an affidavit setting forth that such certificate is not available.
All such petitions or applications shall also be accompanied by registered address of the applicant or petitioner.
5. Verification of petition. - The statements contained in every petition shall be verified by the petitioner or some other competent person in manner required by the Code of Civil Procedure for the verification of plaints.
6. Co-respondents and Interveners. - In every petition presented by a husband for the dissolution of his marriage, the petitioner shall make the alleged adulterers co-respondents in the suit, unless the Court shall otherwise direct under Section 11 of the Act.
7. (i) Where a husband is charged with adultery with a named woman, certified copy of the pleading containing such charge shall, unless the Court for good cause shown otherwise directs, be served upon the woman with whom adultery is alleged to have been committed accompanied by a notice that such woman is entitled within the time therein specified, to apply for leave to intervene in the cause.
(ii) Where the answer of a husband alleges adultery and prays for relief, the certified copy thereof shall be served upon the alleged adulterer together with a notice to appear in like manner as in petition. When in such cases on relief is claimed, the alleged adulterer shall not be made a co-respondent, but a certified copy of the answer shall be served upon him together with a notice as provided under rule (i) of Rule 7 that such person is entitled within time therein specified to apply for leave to intervene in the petition and upon such application he may be allowed to intervene, subject to such direction as shall then be given by the Court.
8. Notice to appear and answer. - The notice to appear and answer shall require the respondent or the co-respondent as the case may be, to enter and appearance in person or a vakalatnama and to make answer to the charges in the petition, on or before the date specified therein. The notice shall be accompanied by a copy of the petition.
9. Service of Petition and notices. - Every petition or notice under the Act, or under these rules shall be served on the party to be affected thereby, either within or outside India, by serving him, in the manner prescribed for the sendee of summons in the Code of Civil Procedure:
Provided that service shall, as far as possible be made by delivery of the petition or notice to the person to be served:
Provided also that the Court may dispense with such service altogether in case it seems necessary or expedient to do so.
10. Answer to the petition. - A respondent or co-respondent or a woman to whom leave to intervene has been granted under Rule 7 may file in the Court an answer to the petition.
11. Answer to be verified. - Any answer which contains matter other than a simple denial of the facts stated in the petition shall be verified in respect of such matter by the respondent or co-respondent or intervener, as the case may be, in the manner required by these rules for the verification of the petitions, and when the respondent is husband or wife of the petitioner, the answer shall contain in a declaration that there is no collusion or connivance between the parties.
12. Suit may be stayed or proceeded with. - (i) If it appears to the Court that proceedings for the dissolution of marriage have been instituted in any Court in India, or outside India before the date on which the petition was filed in Court, the Court may stay further proceedings thereon until such time as the Court may direct or proceed with the case or pass such other it as may deem fit.
(ii) If it appears that such proceedings are instituted after the filing of the petition, in the Court, the Court may proceed with the case.
13. Clear findings as to the facts giving jurisdiction to the Court. - Every judgment granting decree for dissolution of marriage, nullity of marriage, or judicial separation, shall record clear findings as to the facts which give the Court jurisdiction to pass the decree; and the Court for this purpose should take care to see that sufficient and proper evidence is adduced in the course of the proceedings to enable it to record such findings.
14. Service of the copy of a decree and notice. - When the District Judge makes a decree for dissolution of a marriage or nullity of marriage a copy thereof shall, if the respondent, co-respondent or intervener has filed a registered address, be served within a month from the date of the decree at such address in the manner prescribed and the parties shall be informed by notice at their registered address that the case for confirmation of the decree will come on in the High Court on the first Friday which is a working day after the completion of six clear months from the date of the decree and that no further notice of the date of hearing in the High Court will be given. The period of six months shall not include the day on which the decree was made. The parties shall at same time be warned that a re-marriage before six months from the date on which the decree is made absolute by the High Court in prohibited by Section 57 of the Act and that such re-marriage is liable under Section 19 to be declared a nullity.
15. Submission of the proceedings to High Court. - The District Judge shall then submit the proceedings to the High Court for orders under Section 17 or 20 as the case may be, soon after the decree is prepared and notice is issued under Rule 14.
16. Confirmation of decree for dissolution of marriage or nullity of marriage. - (a) Case for confirmation of a decree received from a District Judge under Sections 17 and 20 of the Act shall not be heard by the High Court till after the expiry of six months from the pronouncing of such decree.
(b) Cases for confirmation of a decree received from a District Judge under Sections 17 and 20 of the Indian Divorce Act shall be put up to the Court on the first Friday which is a working day after completion of six clear months from the date of the decree of the District Judge and the Court may either deal with the matter forthwith or adjourn the matter.
17. Objection for confirmation of the District Judge's decree. - (a) Any person willing to show cause against the confirmation of the District Judge's decree on the ground that the decree has been obtained by collusion or by reason of material facts not being brought before the Court, or because of any change of circumstances since the passing of the decree such as that the parties have resumed the relation of husband and wife or that the petitioner has died, shall, if the Court so permits, enter an appearance in the proceedings before the High Court and the affidavits setting forth the facts upon which he relies. Certified copies of the affidavits shall be served upon the parties or the Advocate of the party in whose favour the decree has been pronounced.
(b) The party in the suit in whose favour the decree has been pronounced may within a time to be fixed by the Court file affidavits in answer and the person showing cause against the decree being confirmed may, within a further time to be fixed, file affidavit in reply.
18. Application to remove the suit from the Court of District Judge. - Any person applying under the last paragraph of Section 17 of the Act to the High Court to remove the petition from the Court of a District Judge may file an application for the purpose supported by an affidavit setting forth the grounds on which the applicant relies. A certified copy of the application and affidavit shall be served on all parties to the petition who may, within a time to be fixed by the High Court, file affidavit in reply and the High Court shall then make such further orders in the matter as it deems fit.
19. Service of decree containing collateral matters. - Where a decree contains an order in respect of collateral matters such as an order for the custody of children or an order for paying damages in the Court, etc. it shall be sewed on the respondent and co-respondent in the manner provided by the Code of Civil Procedure for the service of summons. Proceedings subsequent to such decree shall not be rendered invalid by reason only of the fact that the decree is not proved to have been served.
20. Service of decree for judicial separation or restitution of conjugal rights. - A decree for judicial separation or restitution of conjugal rights shall be served on the respondent in the manner provided by the C.P.C. for the service of summons.
CHAPTER II
Rules under the Transfer of Property Act, 1882
The following rules have been framed by the Rajasthan High Court under Section 104 of the Transfer of Property Act, 1882 (Act No. IV of 1882), and other sections of the Act empowering it in this behalf relating to the procedure of courts subordinate to it.
1. Short title and commencement. - These rules may be called as "The Rajasthan Transfer of Property Rules, 1984".
2. They shall come into force from the date of their publication in the Rajasthan Gazette.
3. Transfer of Property. - (i) In these rules unless there is something repugnant in the subject or context "mortgagor" includes every person entitled under a decree or otherwise to redeem the mortgaged property;
and
"mortgagee" includes every person entitled under a decree or otherwise to the rights of the mortgagee.
(ii) A mortgagor making a deposit or a payment into court under Chapter IV of the Act shall file a verified petition stating the facts of case.
(iii) Unless otherwise ordered, the mortgagor shall, in addition to the amount due, deposit or pay into Court a sum sufficient to provide for:-
(a) the mortgagee's costs of obtaining payment out of Court;
(b) the mortgagee's costs, when the payment is made under Section 83 of the Act, of executing or registering (i) a re-conveyance in the case of an English mortgage, or (2) an acknowledgement of the discharge of the mortgage in other cases.
(c) and the interest to which the mortgagee may be entitled under the 2nd paragraph of Section 20 of the Act.
(iv) The Court by endorsement on the mortgagor's petition may order the deposit or payment to be received by the Nazir. Such order shall specify the several sums to be deposited or paid and the purpose for which each sum is intended.
(v) The mortgages petition shall be entered in the Register of Miscellaneous Applications requiring judicial enquiry.
(vi) Unless the mortgagee has already put in his appearance Court shall issue a notice of the deposit or payment to the mortgagee requiring him to deposit in Court on a day fixed by it all documents in his possession or power relating to the mortgaged property and also the mortgage deed when such payment is made under Section 83 of the Act.
(vii) Subject to the provisions of Section 102 of the Act, the notice shall be served and its service shall be proved in the manner prescribed by the Code of Civil Procedure and the Manual of Civil Courts Rules, 1986.
(viii) Every application by a mortgagee to obtain payment of money out of Court shall be made by a verified petition accompanied by such of the documents mentioned in sub-rule (vi) as have not been deposited in Court and when necessary by a draft deed of re-conveyance of the mortgaged property or acknowledgment of discharge of the mortgage, as the case may be.
(ix) A mortgagee applying for payment of money deposited under Section 83 of the Act, shall be required, if necessary, to deliver up possession of the mortgaged property to the mortgagor.
(x) Every enforceable order under Section 83 may be enforced under the provisions of the Code of Civil Procedure and shall for that purpose be deemed to have been made in a suit instituted under that Code.
(xi) The provisions hereinbefore contained as to a mortgagor and mortgagee, shall, so far as may be, respectively apply to the owner of immovable property, subject to a charge (as defined in Section 100 of the Act) and the person having such charge.
CHAPTER III
Rules under the Guardians and Wards Act, 1890
In exercise of powers conferred by sub-Section (I) of Section 50 of the Guardians and Wards Act, 1890 (Act No. VIII of 1890) and in supersession of all existing rules on the subject, the High Court of Rajasthan makes the following rules:-
1. In these rules "the Act" means the Guardian and Wards Act, 1890.
Appointment of Guardian
2. Application for appointment of Guardian. - (1) The application made under Section 8 of the Act by a person other than the Collector shall in addition to the particulars required by Section 10, state whether the minor is entitled to any property absolutely, or subject to the rights or interests of any other person, and the in-cumbrances, if any, to which the property is subject; and shall specify all persons of the same degree of relationship, as, or of near than the proposed guardian and where a woman is proposed as guardian the nearest man relation of the minor. It shall also be stated that the person sought to be appointed guardian or next-friend has no interest in the matters in controversy in the case adverse to that of the minor and that he is a fit person to be so appointed.
(ii) Where father of the minor is living, and is not proposed as guardian, the applicant shall also state any facts relied on as showing that he is unfit to act as guardian of the minor, of that the consents to the application.
(iii) Whenever the application made under Section 10 of the Act states that the property of the minor consists of land or any interest in land, a copy of the application shall be sent free of charge to the Collector of the district in which such property or any part of it is situated.
3. When property proposed to be dealt with. - Where it is proposed to deal with any property of the minor mentioned in Section 29 of the said Act, the grounds of the application, and the relief prayed for, shall be stated shortly in the application, and it shall not be necessary to present a separate petition or application.
4. Notice of application. - Notice of the application shall be in the Form No. 1 and shall be served on the person mentioned in Rule 2. The applicant shall, within 7 days from the admission of the application, bring into the Court the stamped application for service of the notice. The Court may also direct the applicant to publish the notice in such newspaper or newspapers as it thinks fit and shall direct such publication in any case in which the applicant is the Collector, or is not a relation of the minor.
An order appointing a guardian or declaring a person to be a guardian under Section 7 of Act of 1890 shall be in Form No. 2.
5. Security by guardian. - A person appointed or declared to be, guardian of the property of the minor shall give bond of himself and one surety for twice the amount of value of the movable property and for the amount of the annual rents, profits, or other income of the movable and immovable properly, to be received or accounted for by the guardian. The Court shall determine the exact amount of the security and adjourn the further hearing of the application to a fixed day.
6. Where security is required, the Court shall fix time within which such security shall be furnished and the order of appointment or declaration shall be made conditional on the furnishing of such security.
7. A person appointed or declared to be guardian of the property of the minor shall, when-ordered by the Court to furnish security furnish one or other of the following kinds of security:-
(a) Immovable property;
(b) A fidelity bond by a guarantee society duly approved by the High Court;
(c) Cash;
(d) A government security;
(e) fixed deposit or the cash deposit in the post office savings bank or in any national bank;
(f) post office cash certificate;
(g) national savings certificate;
(h) any other kind of security approved by the Court.
8. The security bond shall be executed before the Judge or an officer authorised by the Court in this behalf. Such bond shall be filed in the Court not less than 3 days before the adjourned hearing and if approved by the Judge shall signed by him in margin.
9. Inventory of all the properties of the Ward to be prepared. - At the time of the appointment or declaration of a guardian, the Court shall require an inventory of all the properties of the Ward and of all debts due from the estate to be furnished to the Court within six months under Section 34(b) of the Act unless for reasons to be recorded it dispenses with the same, and shall fix a date for the inventory to be brought to the Court for such further orders thereon as may be deemed necessary.
Any appreciable increment to, or diminution of the property of the ward shall be reported immediately by the guardian to the Court and the Court shall cause the same to be noted in the inventory.
10. Cases to remain pending till the guardian is discharged or ceases to act. - Cases are not to be considered as disposed of as soon as a guardian is appointed. They are to be treated as pending for the purpose of receiving the accounts of the guardian, till the guardian is discharged or ceases to act.
11. Court to be paid for maintenance etc. - If any person is entitled to maintenance or an allowance for marriage out of the property or to reside in any house of the minor, the Court may fix the amount to be paid to such person for maintenance, or in respect of marriage or residence, or give such directions with respect thereto as it thinks fit.
12. Accounts to be kept by guardian. - The Court shall direct the guardian to keep such account as may be deemed necessary having regard to the extent and circumstances of the estate unless the Court, for reasons to be recorded, dispenses with the accounts:-
(i) The accounts to be kept by the guardian shall unless the District Judge otherwise directs, be for the year beginning with the 1st April and ending with the 31st March.
(ii) The Court shall require the guardian to submit within one month after the expiry of the account year in each year after the date of his appointment copies of such accounts; provided that the Court may in all cases for the original accounts at any time it thinks fit to do.
13. Interlocutory applications. - (i) Every application under the Act, subsequent to the determination of the original petition under which a guardian of the minor was appointed or declared, by the Court, shall be by interlocutory application, (ii) Unless the Court, for reasons to be recorded in writing, otherwise orders, or unless the written consent of the parties, is filed in Court, notice of the application shall be given to the parties to the original petition, and to such other persons interested in the person or property of the minor as the Court directs. The notice shall state the substance of the order prayed for.
14. Application to deal with immovable property. - An application for leave to deal with any immovable property of a minor by way of sale, mortgage, lease, or otherwise, shall state concisely the substance of the order prayed for and shall be supported by the affidavit of some disinterested and independent person, stating what in his opinion is the value of the property proposed to be dealt with, and best manner of disposing thereof, in the interest of the minor, and also by the affidavit of some person, acquainted with the circumstances of the minor, showing the necessity or advantage of the said disposition.
15. Sale of property. - If leave to sell is granted, the sale shall, unless the Court for reasons to be recorded in writing otherwise orders, be made by public auction with the sanction of the Court, and an order shall be made in Form No. 3.
16. Payment into Court and proceeds of sale. - If particular sale or other disposition of any property is authorised, and unless the Court for reasons to be recorded in writing otherwise orders, the proceeds thereof shall be paid into Court, and the instrument of transfer shall be brought into Court, for the approval of the Judge.
17. Order as to application of proceeds. - If the instrument of transfer is approved by the Court, an order shall be passed directing in what manner the proceed, thereof are to be applied and how the costs of the application to the Court are to be paid.
18. Inspection of accounts. - Accounts filed by the guardian shall be exhibited and preserved with the record of the application and shall be open to inspection with the permission of the Court by person legitimately interested in the same on payment of a fee of two rupees to be paid by means of court-fee stamps to be affixed on the application for inspection.
19. Audit of accounts. - (i) In all cases where accounts have been exhibited under Section 34(c) and annual receipts after deduction of taxes, land revenue and cases exceed Rs. 1,000/- the Court must have the account audited as provided below.
(ii) Where the receipts mentioned above do not exceed Rs. 3,000/-, the Court shall have the accounts audited by such person or agency as it thinks fit, when such annual receipts exceed Rs. 3,000/-, the Court shall appoint for auditing the accounts an Examiner of Local Funds Accounts or a person holding a certificate under Section 226 of the Indian Companies Act (No. 1 of 1956) ora Chartered Account. If qualified Auditor as described in this sub-rule is not available, the account shall be audited by such person or agency as the Court may direct.
(iii) The remuneration of person so appointed to audit, the aforesaid accounts shall be calculated on the amount of the total receipts of all the years audited, after deducting taxes, land revenue and cesses at 2 per cent, on the first Rs. 3,000/- and 1 Vi per cent on the rest, subject to a minimum of Rs. 50/-.
20. Payment into Court and investment. - Unless the Court, for reasons to be recorded in writing, otherwise orders, and excepting any moneys or securities directed by the Court to be paid or retained by a guardian for specific purpose, all moneys and securities for money belonging to his ward received by, or in the possession or control of, a guardian shall, after deducting any costs, charges and expenses of the guardian properly incurred, be paid into Court to the credit of the original petition under which the guardian was appointed or declared.
Unless the Court 1o orders moneys belonging towards shall not be invested in securities, other than securities of the Government of India or shall be deposited in any Nationalised Bank.
21. Discharge or removal of a guardian. - An application for discharge or removal of a guardian shall be made by interlocutory application, and except where the minor has attained his full age, shall also pray for the appointment of a guardian in place of the guardian to be discharged or removed.
22. Guardian not to be discharged till accounts passed. - Unless the Court, for reasons to be recorded in writing, otherwise orders, a guardian shall not be discharged from his liabilities until he has filed and passed his accounts, and has paid into Court any balance shown in his accounts as due from him, and, except where the minor has attained his full age, notice of the application shall be given to all parties to the original petition and all person interested in the property of the minor.
23. Allowances to guardians. - An allowance may be granted to a guardian in respect of any special work or service to be performed by him other than work or service in the custody or care of the person or the general control and management of the property of the minor, and shall not exceed in amount the remuneration usually paid for the said work or service; and, except as aforesaid, or for special reasons to be recorded in writing, no remuneration shall be allowed to a guardian.
24. Costs. - The costs of any application with respect to the person or property of a minor may, if the application is for his benefit, be ordered to be paid out of the income of his property, or, is that is sufficient, out of capital money, or moneys realised by sale or mortgage of any property of the minor authorised by the Court for this purpose.
25. Register of accounts. - (i) A register of accounts furnished by guardians under the Guardians and Wards Act (VII of 1890) shall be maintained in the prescribed form (Register No. 1) by all Courts ordering the guardians to file accounts periodically.
(ii) Every year in the month of May a report should be submitted to the Judge whether accounts have been received from guardians or not, as to take action against defaulters. Thereafter, the Judge may pass necessary orders for non-filing of the accounts.
Appendix
List of Forms and Registers prescribed under the Rajasthan Rules relating to Guardians and Wards Act
(1) Forms
|
S.No. |
Description |
Reference to Rules |
Remarks |
|
1 |
Notice of application to appoint a guardian |
4 |
|
|
2 |
Form of appointment under Section 7 of the Act |
4 |
|
|
3 |
Interim order for sale under Section 29 of the Act |
15 |
(2) Register
|
S.No. |
Description |
Reference to Rules |
Remarks |
|
1 |
Register of accounts furnished by Guardians under Section 34 of the Guardians and Wards Act |
25 |
Forms
(Form No. 1)
Notice of Application to Appoint a Guardian
(Rule 4)
In the Court of the District Judge of...............................................
Original petition No................................................................
In the matter of.......................................................... a minor.
To (1) A.B., (residence and description), (2) C.D. of (residence and description) and to all whom it may concern.
Take notice that on the day of E.F. of (residence and description) presented an application to this court praying that he (or) G.H. of (residence and description) may be appointed (or declared to be) the guardian of the person (and property) of the above named minor, and for other relief, and that the...................day of................has been fixed for the hearing of the application; and that if you desire to oppose the said application, or to apply for the appointment of any person other than the said E.F. (or G.H.) as guardian of the person or property of the said minor, you must appear on the said.......................Day of...........................in this Court in person or by a duly authorised counsel and be prepared to adduced any documentary and oral evidence upon which you rely, and that, in default of your appearance, the said application may be heard determined in your absence. Any relation or friend of the minor appear and be heard upon the said application, and may inspect and obtain a copy of the application and it shall not be necessary to present any application for this purpose.
Given under my hand and the seal of this Court, this..............................day of..................20...................day of...............
(Signed).......................
.........................Judge.
(Not Printed)
(Form No. 2)
Form of Appointment under Section 7 of Act No. VIII of 1890
(Rule 4)
Whereas this Court has, under the provisions of Section 7 of Act No. VIII of 1890, been pleased to appoint you A.B. (or to declare you A.B. to be) guardian of (the property, or the person and property) of C.D., during the period of his minority, to wit, till the ....day of the month of...20...subject to the provisions contained in the Act and particularly those provisions contained in Sections 32,39 and 40 of the Act aforesaid, you are hereby authorised to take charge of the property of the minor in trust, to collect and pay all just debts, claims and liabilities due to or by the estate of the minor, to institute or defend suits connected with that estate, and generally to do and perform all acts which may be necessary to the due discharge of the trust vested in you; provided always that you shall not mortgage, or charge or transfer by sale, gift, exchange or Otherwise, any part of the immovable property of your ward, or lease any part of that property for a term exceeding five years or for any term extending more than one year beyond the date on which your ward will cease to be minor without the express sanction of this Court previously obtained; and that you shall keep regular accounts of your receipts and disbursements, with all vouchers and other documents necessary to establish their correctness.
Given under my hand and the seal of this Court, this................................day of...............20.........
Signature
Judge.
(Not Printed)
(Form No. 3)
Interim Order for Sale under Section 29 of the Guardians and Wards Act, 1890
(Rule 15)
(Cause title as in Form No. 1 Supra)
Upon the application of A.B. (residence and description) the guardian, of person and property of the above named minor C.D., and upon hearing, etc. and it appearing to this Court that a sale of the immovable property of the minor hereunder mentioned is necessary (or, is for his advantage) by reason of (state the necessary or advantage shortly) it is ordered as follows:-
1. That the said A.B. shall be at liberty to sell, by public auction and with the sanction of this Court, the immovable property of the said minors specified in the schedule hereto, at a price not less than Rs..............................
2. That the said A.B. shall on or before the day of 20 bring into a Court a copy of the proclamation of sale and shall submit the name of the proposed auctioner for the approval of the Judge.
And the further hearing of this application is adjourned to the day of..........20..............
Given under my hand and the seal of this Court, this............................day of............20............
Signature
Judge.
(Not printed)
Register No. 1
Register of Accounts Furnished by Guardian under Section 34 of the Guardians and Wards Act, 1890
|
S. No. |
Number and year of case |
Name and full address of person called to file accounts |
Date on which accounts are closed |
Date on which accounts are filed |
|
|
1982 |
1983 |
||||
|
1 |
2 |
3 |
4 |
5 |
6 |
|
Date on which accounts are filed |
Remarks |
|||||||
|
1984 |
1985 |
1986 |
1987 |
1988 |
1989 |
1990 |
1991 |
|
|
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
(Not Printed)
CHAPTER IV
Rules under the Provincial Insolvency Act, 1920
By virtue of the provision of Section 79 of the Provincial Insolvency Act (Act No. V of 1920) and of all other powers thereunto enabling, the High Court of Judicature for Rajasthan has, with the previous sanction of the Provincial Government, made the following rules for carrying into effect the provisions of the said Act.
1. Short title and commencement. - These Rules may be called as "the Rajasthan Insolvency Rules, 1984."
2. They shall come into force from the date of their publication in the Rajasthan Gazette.
3. Forms and Registers to be used. - The Forms mentioned in Appendix 'A' and Registers mentioned in Appendix 'B' and Returns mentioned in Appendix 'C' with such variations as circumstances may require shall be used for the matters to which they severally relate.
4. Insolvency Petition. - Every Insolvency Petition shall be entered in the Register of Insolvency Petitions (Reg. 1) to be maintained in all Courts exercising Insolvency jurisdiction and shall be given a serial number in that register and all subsequent proceedings in the same matter shall bear the same number. The person presenting the petition shall file a copy also for the Receiver.
5. Inspection of insolvency proceedings. - All insolvency proceedings may be inspected by the Receiver, the debt and any creditor who has tendered proof of his debt, or any legal practitioner on their behalf at such times and subject to the same rules as other court records.
No fee shall be charged for inspections made by a Receiver.
6. Insolvency Registers. - The following registers shall be maintained in the District Courts and in all other Courts, specially invested with jurisdiction under Section 3 of the Provincial Insolvency Act (No. V of 1920), namely:-
(1) An Insolvency Register (Reg. 1)
(2) A Register of Insolvent's Estates in the hands of Receiver (Reg. 2).
At the end of each month, the dates in column 24 of the Insolvency Register shall be examined and a report (Ret. No.l) made to the court by the clerk concerned for orders about cases in which no application for discharge has been made within the period originally fixed or subsequently extended by the Court under Section 27 of the Act.
Entries in the register of Insolvent's Estates shall be made on receipt of the quarterly statements from the receiver and shall be totalled annually in order to check the annual accounts of the Receiver as well as to prepare the annual statement.
Each page of this register should be reserved for one individual estate.
7. Form of Insolvency notice. - the form of the insolvency notice to be served under sub-Section (2) of the Section 6 of the Provincial Insolvency Act, 1920 (Central Act V of 1920) shall be as prescribed in Form No. 1, Appendix 'A'.
Number of service of insolvency notice.-As insolvency notice under sub-section (2) of Section 6 of the Provincial Insolvency Act, 1920 (Central Act V of 1920) shall be served on the debtor by the creditor by registered post, acknowledgement due, addressed to the debtor or his agent empowered to accept the service, at the place where the debtor or his agent actually and voluntarily resides or carries on business or personally works for gain:
Provided that where an acknowledgement purporting to be signed by the debtor or his agent is received by the creditor or his postal article containing the notice of insolvency is received back by the creditor with an endorsement-purporting to have been made by a postal employee to the effect that the debtor or his agent has refused to take delivery of the postal article containing such notice, when tendered to him, the court shall declare that the notice of insolvency has been duly served on the debtor:
Provided further that where the notice was properly prepared, addressed and duly sent by registered post, acknowledgement due, the court shall also declare that the notice of insolvency has been duly served on the debtor notwithstanding the fact that the acknowledgement having been lost or mislaid, or for any other reason, has not been received by the creditor within thirty days from the date of sending the notice by registered post.
Notices
8. Publication of Notice in the Official gazette or local newspaper. - Whenever publication of any notice or other matter is required by the Act (The Act means the Provincial Insolvency Act) (Act No. V of 1920) to be made in an Official Gazette; or is required by the rules framed under the Act to be made in a local newspaper, a memorandum referring to and giving the date of such advertisement together with a copy of the sheet of the newspaper containing such advertisement shall be filed with the record and noted in the order-sheet.
9. Notice of date of hearing to be advertised in a newspaper. - Notice of an order fixing the date of the hearing of a petition under Section 19(2) shall, in addition to or in lieu of the publication thereof in the Official gazette to advertised in such newspaper or newspapers as the court may direct.
A copy of the notice shall also be forwarded by registered letter to each creditor at the address given in the petition. The same procedure shall be followed in respect of notices of the date for the consideration of a proposal for composition or scheme of arrangement under Section 38(1).
10. Notice of an order of adjudication to be also published in a local newspaper. - Notice of an order of adjudication under Section 30 which is required by the Act to be published in the official gazette shall also be published in such local newspaper or newspapers as the court may think fit and should also be published by beat of drum in a locality where the insolvent (1) resides at present or; (2) has last resided before that or; (3) carries on or carried on business, or works/worked for gain, or (4) has immovable property and/or interest therein one or more of such modes may be adopted as may be considered necessary in addition to the publication of notice in newspaper. When the debtor is a Government servant a copy of the order shall be sent to the Head of the office in which he is employed.
The same procedure shall be followed in regard to notices or orders annulling an adjudication under Section 37(2).
11. Notice under Section 50. - The notice to be given by the court under Section 50 shall be served on the creditor or his leader or shall be sent through the post by registered letter.
12. Notice under Section 64. - The notice to be issued by the Receiver under Section 64 before the declaration of a final dividend to the persons whose claims to be creditors have been notified but not proved shall be sent through the post by registered letter.
13. Notice under Section 41(1). - Notice of the date of hearing of applications for discharge under Section 41(1) shall be published in the official gazette and in such local newspapers as the Judge may direct and copies shall be sent by registered post to all creditors whether they have proved the claims or not.
14. Certificate of a notice having been duly posted. - A certificate of an officer of the court or of the official Receiver or an affidavit by a Receiver that any of the notices referred to in the preceding rules has been duly posted accompanied by the post office receipt, shall be sufficient, evidence of such notice having been duly sent to the person to whom the same was addressed.
15. Other methods of publication of a notice. - In addition to the prescribed methods of publication, any notice may be published otherwise in such manner as the court may direct, for instance, by affixing copies in the court house or by beat of drum in the village in which the insolvent resides.
16. Registration envelopes to be supplied by the parties. - The insolvency clerk shall not receive any money for issuing registered letters, etc., under any of the aforesaid rules, but registration envelops for the purpose shall be supplied by the parties and the postal receipts of registered letter etc., shall be placed on the record and noted in the index.
17. Charges for publication of notice. - A fixed amount of Rs. 26.60 page will be charged on account of publication of a notice under the Provincial Insolvency Act (V of 1920) in the official gazette. These charges include a sum of Rs. 1.60 page to cover the cost of the copy of Part II of the Gazette which will be supplied free of cost by the Superintendent, Government Press, to the court concerned. These charges shall be deposited by the party concerned in the treasury and will be accounted for these as a receipt of the Superintendent, Government Press.
Note.-The court may instead of or in addition to forwarding a notice by registered post under the forgoing rules cause it to be served in the manner prescribed for the service of summons.
Receivers
18. Appointment of a Receiver. - Every appointment of a Receiver shall be by order in writing signed by the Court. Copies of this order sealed with the seal of the court shall be served on the debtor, and forwarded to the person appointed.
19. Remuneration of a Receiver. - (1) A court when fixing the remuneration of a Receiver shall, as a rule direct it to be in the nature of a commission or percentage which one part shall be payable on the amount realised by the Receiver, and the other part of the amount distributed in dividends.
The part payable on the amount realised by the Receiver shall not usually be more than 7 percent, not less than Rs. 50/- and the part on the amount distributed in dividends should not usually be more than 1%. If any remuneration in exercise of the percentage fixed above is paid, the court shall record is reason before allowing the remuneration.
(2) The court may direct additional remuneration to the Receiver:-
(i) Where in the interest of the estate he incurs expenditure in travelling;
(ii) Where he being a lawyer performs work for which a lawyer would otherwise have been employed; and
(iii) Where a composition is proved under Section 38 and the remuneration payable to the Receiver under clause (1) of this rule appears insufficient.
(3) Where the Receiver performs the work of a lawyer as described in sub clause (ii) of clause (2), the court deciding the matter in which the Receiver appears, will fix a suitable fee, not exceeding the full legal fee payable to a lawyer, as the fee payable to the Receiver. The Receiver need not file a certificate of fees. The amount so assessed shall be taxed as costs in the decree or order and will represent the additional remuneration payable under the said clause (2) (ii) to the Receiver.
(4) Where the adjudication is annulled, or where the insolvent settles his affairs with his creditors out of court, the court may allow to the Receiver any additional remuneration over and above what may be payable to him under clause (2) that it thinks fit; provided that in any case the total amount allowed shall not exceed the total amount that could have been paid under clause (1) if the case had come to its conclusion; provided also that the additional remuneration under sub-clauses (i) and (ii) of clause (2) shall not be taken into consideration in calculating the total amount payable under clause (1).
20. Keeping of accounts by a Receiver. - The Receiver shall keep a Cash Book (Reg. 3) and such books and other papers as to give a correct view of his administration of the estate, and shall submit his accounts in such forms as the court may direct. The court shall, when appointing a Receiver other than an official Receiver, ordering each case, as to what extent the procedure for keeping accounts enjoined by Rule 27 in respect of official Receivers, shall be followed by him.
21. Deposit of all moneys by the Receiver in a court or in a bank. - The Receiver, shall ordinarily deposit all money realised by him either in the court or in bank approved by the court, in the name of the court, keeping in his hands only such cash as is sanctioned by the court, and shall submit to the court at the end of every quarter, not later than the tenth day of the month succeeding the quarter in respect of all the estates in respect of which he is the Receiver, an account (Ret. 3) showing:-
(i) the total amount deposited in court;
(ii) the total amount in current account or in fixed deposit bearing interest in a bank in the name of the court; and
(iii) all cash in his hands.
22. Quarterly accounts. - The Receiver shall submit to the court each quarter not later than the tenth day of the month next succeeding the quarter to which it relates an account (Ret. 4) showing all the receipts and disbursements in the case or cases in which he is Receiver.
23. Expenses of attachment of property to be borne by the Creditor. - Where there are no funds in the estate, any creditor desiring the Receiver to attach property shall file a guarantee that he will pay all expenses incurred. A deposit of Rs. 20/- shall accompany the guarantee, and all expenses shall be borne by the creditor, who can obtain a refund from the sale proceeds. The Receiver shall show in the accounts of the estate all sums received under this rule.
24. Composition or scheme under Section 38. - In any case in which a meeting of creditors is necessary and in any case in which the debtor purposes a composition or scheme under Section 38, the Receiver shall give at least 14 days notice to the debtor and to every creditor of the time and place appointed for each meeting. Such notices shall be sewed by registered post.
25. A copy of order made or act done by the official Receiver. - Orders made or acts done by the official Receiver in the exercise of his powers under the Act, shall be recorded in writing with full reasons and any person aggrieved thereby shall be entitled to a copy of such record on application made to the Receiver on payment of Rs. 2/- to the Receiver for each copy. The Receiver will be entitled to the money and will provide the copy at his own cost.
26. Monthly statements of the work done by the Receiver. - The Receiver shall, on the first working day of each month, file in the court a brief statement (Ret. 2) of the work done by him in the previous month and the dates on which the work was done. In case of sales he shall also give a complete list of the properties sold by him, their estimated values and the prices actually received for them at the sales.
Maintenance of Accounts by Official Receiver
27. Special provisions for maintenance of accounts of insolvent's estates. - The following special provisions shall be followed in respect of the maintenance of accounts of insolvent's estates by Official Receiver:-
General
(1) Figures in the accounts shall be in English characters, Books of accounts shall be substantially bound and paged before brought into use.
(2) Corrections and alterations shall be neatly made in red ink and initialled and dated by the official Receiver. Erasures and over writings shall on no account be permitted in registers, statements, vouchers or accounts of any descriptions.
Receipt and crediting of money
(3) All moneys received by the official Receiver in his official capacity on behalf of any insolvent's estate under his management shall without any reservation be promptly accounted for in the general cash book to be maintained in form of Register No. 3. When money is received in cash a receipt in Form No. 11 shall be prepared and signed by the official Receiver or such other person as the court may direct, while authorising any such person to collect income, the court may decide whether any security, and if so, for what amount should be furnished by him.
(4) The Official Receiver shall deposit all moneys received by him in the State Bank of India or in any Nationalised Bank or in Post Office Savings Bank in the name of the court, keeping in his hands only such cash as is sanctioned by the court. An account may also be opened in some other bank with the previous approval of the Government. He shall open a single current account in the bank in his official capacity for moneys belonging to all the insolvent estates under his management. If there is a large balance at the credit of any particular estate, such portion thereof as is not likely to be required in the near future may be transferred from the general account to the fixed deposit account or Savings Bank account in the name of the estate concerned, and the interest occurring on such deposits, shall be credited to the ledger account of that estate.
(5) The cash in the hands of the official Receiver shall not exceed the amount fixed by the court to meet emergent petty expenses.
(6) The cash book shall be closed, balanced and signed by the official Receiver at the end of each month and the balance compared with that of the bank pass-book and the fixed deposit receipts the differences, if any, being explained in a foot-note in the cash book. The cash book shall be laid before the insolvency court once a quarter along with the quarterly statement referred to in sub-rule (8) for scrutiny and signature.
Personal Ledger
(7) A separate ledger account in the prescribed form (Reg. 4) shall be maintained by the official Receiver for each estate in his management. Items of receipts and expenditure shall be carried to these ledgers from the cash book, as soon as the transaction occurs. At the end of each quarter, the entries of the ledger shall be totalled and then the ledger shall be put up before the court for inspection.
A statement (Ret. 4) shall be prepared at the end of each quarter.
Note.-The grand total of the balances of all the estates shall be made to agree with the balance shown in the cash book at the end of the quarter concerned and a certificate to that effect endorsed by the official Receiver on the statement.
Record of Movable and Immovable Property
(8) As soon as the official Receiver takes charge of an insolvent's property he shall prepare an inventory thereof, and submit it for the information of the court.
(9) The details of the property of the insolvent shall be entered from the inventory referred to in the preceding rule, in the register of movable and immovable property described in sub-rules (11) and (12).
(10) A register of movable property shall be maintained in the prescribed form (Reg. 5) in which separate pages shall be allotted for the entries relating to each estate when the property or a portion of it is disposed ] of by sale or otherwise columns 6 to 8 of the register shall be posted. If the sale proceeds are immediately realised they shall be brought to account directly in the cash book. If they are to be realised subsequently or by instalments, the demand shall be entered in the Register of Miscellaneous Demands in the prescribed form (Reg. 6) and a reference to the entry in the demand register shall be quoted in the remarks column of the property register against the entry concerned.
(11) A register of immovable property shall be maintained in the prescribed form (Reg. 7) and the instruction regarding the maintenance of the register of movable property contained in the preceding sub-rule shall as far as possible be observed in the maintenance of this register as well. When houses and shops belonging to an estate are given out on rent, the realisation of the demand shall be watched through the Register of Miscellaneous Demands (Reg. 6), a reference being made in the remarks column of the Register of Immovable Property against entry concerned.
(12) If property is sold by auction, a list of bidders shall be drawn up showing the following particulars; the last bid being initialled by the sale officer as well as the purchaser:-
(i) Date of auction.
(ii) Particulars of property sold showing its number or quantity.
(iii) Reference to property register.
(iv) Names of bidders.
(v) Amount of each bid.
(13) In the case of auction held by recognised firms of auctions, the list mentioned above may be dispensed with but a sale account should be obtained from the auctioner and kept on record. It may also be dispensed with under the special orders of the Insolvency Judges when the property sold is movable and consists of petty items.
Register of Book Debts
(14) The official Receiver on taking over charge of an estate shall prepare a list of book debts and other money assets, such as decrees, bonds, mortgage-deeds, Government and other securities, etc. The list shall be submitted to the court for information and copies in the Register of Book Debts in the prescribed form (Reg. 8). Each class of assets shall be entered separately in this register a reference to the inventory or other document being made against the entry concerned in the column of remarks. If a book debt or portion thereof is remitted by the court the order shall be quoted in the column of remarks. Decrees for money and/or costs obtained by the official Receiver subsequently for or on behalf of the estates of the insolvent shall be entered in this register as well as in the Register of Miscellaneous Demands (Reg. 6).
Register of Dividends
(15) All debts due by an estate shall be recorded in the register in the prescribed form (Reg. 9) as soon as they are admitted. When dividends are distributed the entries of their payment shall be made in column 6 to 8. Sufficient space should be allotted for the account of each creditor to admit of the entries of dividends paid on different occasions being made at the same place.
Payment
(16) Each payment made from the funds of an insolvent estate shall be supported by a payment voucher which shall bear an order of payment from the official Receiver. Small sums shall be paid from the cash in hand of the official Receiver, while large payments on account of dividends and other items shall be made by cheque which should, as far as possible be in the name of the actual payee.
(17) The payment vouchers shall be serially numbered for each months and kept in a guard file along with the actual payee's receipts. In case of petty items in which payee's receipts cannot be conveniently obtained, the court may furnish a disbursement certificate which shall be attached to the voucher concerned. The official Receiver, however, may give a disbursement certificate for petty items upto a rupee.
Register of Suits
(18) With a view to watch the progress of expenditure on the suits instituted or defended by the official Receiver on behalf of an estate, a register of suits in the prescribed form (Reg. 10) shall be maintained, expenditure being posted immediately as it occurs.
Audit
(19) The accounts kept by the official Receiver shall be audited annually by the Examiner, Local Fund Account, except when the income of the estate is below Rs. 500/- per annum.
Before the accounts of an estate are finally closed, a reasonable amount should be reserved for the cost of audit which shall have preference over the remuneration of the official Receiver.
(20) The audit fees to be charged to the estate shall be at the following rates:-
|
S. No. |
Particular of estates |
Rate of audit fee |
Per estate |
|
Rs. |
P. |
||
|
1. |
Estates with income of Rs. 501/-to Rs. 1000/-per annum |
35 |
0 |
|
2. |
Estate with income of above Rs. 1000/- per annum |
2% on the total income of the estate subject to a minimum of Rs. 50/- |
|
Such fees shall be credited in the Treasury when payable to the Examiner, Local Fund Accounts, by triplicate challan.
N.B.-Income means whatever amount is received from the estate of the insolvent either by its transfer in the share of periodic yield, profits, rent, interest on deposits, realisations from decreed or un-decreed debt, dividends, etc.
(21) The official Receiver shall, at the time of audit, cause to be produced all accounts, registers, documents and subsidiary papers, which may be required by the audit officers, to assist them in their investigation. I
(22) The objection statement issued by the auditor in the course of audit, shall be returned to him promptly and in any case before the close of audit, with notes showing the action which has been taken or which it is proposed to take to settle the objections raised over the signature of the official Receiver. The auditor shall return for further action any items on which final or sufficient action has not, in his opinion, been taken and when possible, shall, before leaving the station, bring to the personal notice of the court, items which have not been disposed of.
(23) The result of each audit shall be communicated to the court in two parts, viz.:-
(i) the objection statement, containing outstanding objections dealing with technical irregularities, omissions and defects, and
(ii) the audit note dealing with matters of a general and important nature, which require the particular attention of the court or higher authority.
(24) The court shall consider the audit and the objection statement as soon as possible after their receipt, and decide the action to be taken in regard thereto. The action taken shall be indicated on an interleaved copy, on the margin of the audit note, and on the objection statement, which shall be placed before the audit officers at their next visit.
Proof of Debts
28. Proof of debts. - A creditor's proof may be in Form No. 15 in Appendix 'A' with such variations as circumstances may require.
In order to give effect to Section 48, clause (2), every proof of debts shall also specify:-
(i) the original amount advanced;
(ii) the contract rate of interest;
(iii) the interest due at the contract rate on date of admission of petition; and
(iv) the interest due at six percent on the date of admission of petition.
In the case of court decrees which include a decree for interest at a contract rate higher than six percent, the proof shall show the principal amount sued for and the amount of interest due at six percent on the date of decree, as well as costs given by the decree.
29. Proof of claims for wages by workmen employed by debtor. - In any case in which it shall appear from the debtor's statement that there are numerous claims for wages by workmen and others employed by the debtor, it shall be sufficient, if one proof for all such claims is made either by the debtor or by some other person on behalf of all such creditors. Such proof should be in Form No. 16 in Appendix 'A'.
Procedure where the debtor is a firm
30. Procedure in case of a debtor or creditor being a firm. - Where any notice, declaration, petition or other document requiring attestation is signed by a firm of creditors or debtors in the firm's name, the partner signing for the firm shall also add his own signature, e.g. "Radhakrishan and Co.' by Jamna Lal, a partner in the said firm.
31. Personal service of a notice in case of a firm. - Any notice or petition for which personal service is necessary shall be deemed to be duly served on all members of a firm, if it is served at the principal place of business of the firm within the jurisdiction of the court upon partners or upon any person having, at the time of serving, the control or management of the partnership business there.
32. Person carrying on business in a name of style other than his own. - The provisions of the preceding rule shall, so far as the nature of the case will admit, apply in the case of any person carrying on business within the jurisdiction in a name or style other than his own.
33. Filing of an insolvency petition by a firm of debtors. - Where a firm of debtors file an insolvency petition, the same shall contain the name in full of the individual partners and, if such petition is signed in the firms name the petition shall be accompanied by an affidavit made by the partner who signed the petition showing that all the partners concur in the filing of the same.
34. Operation of an adjudication order against a firm. - An adjudication order made against a firm shall operate as if it were an adjudication order made against each of the persons who at the date of the order is a partner in that firm.
35. Partnership debtors. - In cases of partnership, the debtors shall submit a schedule of their partnership affairs and each debtor shall submit a schedule of his separate affairs.
36. Acceptance of compositions or Schemes of arrangement by joint creditors. - The joint creditors and each set of separate creditors may severally accept compositions or schemes of arrangement so far as circumstances will allow, a proposal accepted by joint creditors may be approved in the prescribed manner notwithstanding that the proposals of one or some of the debtors made to his or their separate creditors may not be accepted.
37. Compositions or scheme by a firm and by the partners individually. - Where proposals for compositions or schemes are made by a firm and by the partners therein individually, the proposal, made to the joint creditors shall be considered and voted upon by them apart from every set of separate creditors; and the proposal made to each separate set of creditors shall be considered and voted upon by such separate set of creditors apart from all other creditors. Such proposal may vary in character and amount. Where a composition or scheme is approved the. adjudication order shall be annulled only so far as it relates to the estate, the creditors of which have confirmed the composition of scheme.
38. Where two or more of the partners may constitute a separate and independent firm. - If any two or more of the members of a partnership constitute a separate and independent firm, the creditors of such last mentioned firm shall be deemed to be a separate set of creditors and to on the same footing as the separate creditors of any individual member of the firm and when any surplus shall arise upon the administration of the as set of such separate or independent firm, the same shall be carried over to separate estates of the partners in such separate and independent firm according to their respective rights therein.
Application and Notices
39. Application and notices. - Every application to the court either by the Receiver or by any creditor, or by any person either claiming to be entitled to any alleged assets of the debtor, or complaining of any act of the Receiver, and in particular and without prejudice to the generally of this rule for an order deciding any question under Sections 4, 51, 52, 53, 54, and 55 or any one of them, shall, unless otherwise direct be made by application in writing and shall be supported by an affidavit by the applicant.
(2) Every such application shall state in substance, the nature of the order or relief applied for the section of the Act under which application is made, the grounds upon which such order or relief is claimed, and the sections of any other Act relied upon.
(3) Every such application shall also state whether the applicant desires or intends to call witnesses at the hearing in support thereof and shall specify with promise identification the documents upon which the applicant intends to rely.
(4) Where such application is made by an application other than the Receiver, a copy of such application and a copy of the affidavit in support thereof shall be served upon the Receiver together with copies of the documents upon which the applicant intends to rely as mentioned in sub-rule (3) hereof, unless the member or volume of such document is exceptionally great, in which case notice of the facts shall be given to the Receiver, and an opportunity shall be afforded to the Receiver of examining the original seven clear days at least before the hearing.
(5) Where such application is made by the Receiver, the affidavit in support thereof shall identify any statement of the debtor made to the Receiver which is either on the file or in the Receiver's possession and on which the Receiver intends to rely.
(6) Any party to the application shall be entitled to inspect the original of any document which has been either filed or mentioned in the affidavit made in support of such application, or of which any copy has been exhibited annexed to such affidavit.
(7) A copy of every application mentioned in sub-rule (1) here of and the affidavit in support of such application shall be served upon the Receiver whether or not any relief or order is expressly claimed against him.
Sale of Immovable property of Insolvent
40. Sale of Immovable property of insolvent. - If no Receiver is appointed and the court in exercise of its powers under Section 58 of the Act, sells any immovable property of the insolvents the deed of sale of the said property shall be prepared by the purchaser at his own cost, and shall be signed by the Presiding officer of the Court. The cost of registration if any will also be borne by the purchaser.
Dividends
41. Dividends. - The amount of the dividend may, at the request and risk of the creditor, be transmitted to him by post.
Summary Administration
42. Summary administration of an estate. - When an estate is ordered to be administered in a summary manner under Section 74 of the Act, the provisions of the Act and Rules shall, to any special direction of the court, be modified as follows, namely:-
(1) There shall be no advertisement of any proceeding in the Official Gazette or local paper, but the court shall publish a notice (F.1) of the adjudication, of insolvency, the annulment thereof and of any application made for discharge by beat of drum in a locality where the insolvent-
(i) resides at present; or
(ii) has last resided; or
(iii) carries on or carried on business or works/worked for gain, or
(iv) has immovable property and/or interest therein and affixing a copy at the residence of the insolvent and in the court house.
(2) The petition and all subsequent proceedings shall be endorsed summary case.
(3) The notice of the hearing of the petition to the creditors shall be in Form No. 4 in Appendix 'A'.
(4) The court shall examine the debtor as to his affairs but shall not be bound to call a meeting of creditors, but the creditors shall be entitled to be heard and to cross-examine the debtor.
(5) The appointment of a Receiver will often not be necessary, and court may act under Section 58 of the Act in order to reduce the cost of the proceeding.
Costs
43. Costs. - All proceedings under the Act down to and including the making of an order of adjudication shall be at the cost of the party prosecuting the same, but when an order of adjudication has been made, the costs of the petition creditors shall be taxed and be payable out of the estate.
44. Cost to be allowed out of the estate. - No cost incurred by a debtor on, or incidental to an application to approve of a composition or scheme shall be allowed out of the estate if the court refused to approve the composition or scheme.
45. Making of an order of adjudication or annulment of adjudication - When an order of adjudication or annulment of adjudication is made on a debtor's petition and the court is satisfied that the debtor is unable to pay the cost of publication in the official Gazette of the notice required by Section 30 or 37(2) of the Act and when an order of adjudication is annulled u/S. 43(1), the court shall direct that such cost be met from the sale proceeds of the property of the insolvent. If the insolvent has no property, if the sale proceeds are insufficient such costs or the irrecoverable balance thereof shall be remitted.
46. The court to draw a formal order embodying its adjudication and memorandum of costs. - A court shall draw up a formal order embodying its adjudication and the memorandum of costs incurred by the parties in:-
(1) decision and orders specified in Schedule 1 of the Act, from which an appeal lies to the High Court under Section 75(2), and
(2) any other decision or order against which a party or Receiver signifies in writing to the court his intention to appeal.
47. Process and warrant fee. - No process or warrant fee shall be chargeable on a process or warrant which the court may issue in order to secure the attendance of a person or for his arrest on its own motion or on that of the Receiver when the same cannot be paid out of the estate of funds of the insolvent.
48. Registers and other papers of the official Receiver. - Registers kept by official Receivers shall, within one year of their completion be consigned to the record-room through the Insolvency Judge. Other papers like copy the Patwaris Khatauni, statement of demand, collection and balances, list of bidder, sale accounts of sales through an auctioner, shall, under orders of the Insolvency Judge, be filed in the record of the case of the insolvent concerned as soon as they are no longer required. The receiver may requisition any of the registers or papers through the Insolvency Judge, if required by him for the administration of any estate.
49. Destruction of Registers consigned to record-room -The Register consigned to the record-room shall be destroyed on the expiration of twenty years from the date of the last entry therein.
50. Returns. - District Judge shall submit annual return Nos. 5 and 6 to the Registrar, High Court as prescribed in Appendix 'C' The clerk incharge of Insolvency Petitions shall submit monthly statements No.l and 2 to the Presiding Officer as per Appendix 'C'.
The Receiver shall also submit the statements mentioned in Appendix 'C' to the Presiding Officer of the concerned courts within prescribed time.
51. All applications under Sections 4, 53 and 54 of this Act shall be entered in Register of Miscellaneous Cases (Judicial) relating to other cases (Reg. No. 41) maintained under the Manual of Civil Courts Rules, 1986.
Appendix-'A'
List of Forms prescribed under the Insolvency Rules
|
Form No. |
Description |
Reference to Rule |
Remarks |
|
1 |
General Title of Insolvency Petition |
3 |
Not Printed |
|
2 |
Insolvency notice [under sub-Sections (2) and (3) of Section 6 of the Act.] |
7 |
Not Printed |
|
3 |
Debtors Petition |
3 |
Printed |
|
4 |
Notice to creditors of the date of hearing of an Insolvency petition |
42 |
Printed |
|
5 |
Order of Adjudication |
3 |
Printed |
|
6 |
Order Appointing Receiver |
3 |
Printed |
|
7 |
Notice to creditors of the date of consideration of composition or scheme of arrangement under Section 38(1) |
3 |
Printed |
|
8 |
List of creditors for use of meeting held for consideration of composition or scheme |
3 |
Printed |
|
9 |
Notice to persons claiming to be creditors of intention to declare final dividend under Section 64 |
3 |
Printed |
|
10 |
Order annulling adjudication under Section 35 |
3 |
Printed |
|
11 |
Notice to creditors of application for discharge under Section 41(1) |
3 |
Printed |
|
12 |
Order of discharge subject to conditions as to earning after acquired property and income under Section 41(2) |
3 |
Printed |
|
13 |
Notice of application by un-schedule creditor |
3 |
Printed |
|
14 |
Receipt Book |
27 |
Not Printed |
|
15 |
Proof of debt (General form under Section 4) |
28 |
Printed |
|
16 |
Proof of a debt of workmen under Section 49 |
29 |
Printed |
|
17 |
Summary Administration under Section 74 |
42 |
Printed |
Form No. 1
(Rule 3)
General Title of Insolvency Petition
In the Court of.............................No. of Insolvency Petition.
20..........................................
In the matter of ............ Ex-parte (here insert "the debtor" or A.B. or "creditor" or "the official receiver" or "the Receiver").
(Not Printed)
Form No. 2
[See sub-Sections (2) and (3) of Section 6 of Provincial Insolvency Act, 1920]
(Rule 7)
Form of Insolvency Notice
Place________________________
Date_________________________
Form:______________________________
_________________________________
To:_______________________________
_________________________________
Whereas, I/We above named have obtained a decree or order against you for the payment of money from the Court of ........................... in Civil suit/Case No..................on.............................which has become final and the execution whereof has not been stayed.
The amount due under the aforesaid decree/order is specified below:-
(a) Principal Amount.....................................
(b) Interest.............................................
(c) Costs................................................
Total..............................................
You are hereby required to pay the said amount of Rs............................ to me/us or to furnish security for the payment of the same to my/our satisfaction or of my/our agent named........................resident of............................within a period of one week after the expiry of one month of the date of service of this insolvency notice on you.
Since you are permanently/temporarily residing outside India, the leave of the Court of..................... for service of this notice has been obtained by me/us on ............................ and the said Court has specified a period of.....................days for compliance of this notice by you and you required to comply it within the said period specified by the Court.
In case you fail to comply with the requirement of this notice, an insolvency petition shall be presented by me/us to the court under Section 7 of the Provincial Insolvency Act, 1920 for adjudging you an insolvent.
Signature of the Creditors
Dated......................
Strike out the portion whichever is not applicable.
(Not Printed).
Form No. 3
(Rule 3)
Debtors Petition
(Title)
I (a).................................... ordinarily residing at (or carrying on business at or "personally working for gain at or in custody at") in consequence of order of,........................................
(b) Being unable to pay my debts, hereby petition that may be adjudged an insolvent. The total amount, of all pecuniary claims against me is Rs.......................
(c) ........................................... ............................as set out in detail in Schedule 'A' annexed hereunto, which contains the names and residences of all my creditors, so far as they are known to or can be ascertained by me. The amount and particulars of all my property are set out in Schedule 'B' annexed hereunto together with a specification of all my property, not consisting of money, and the place or places at which such property is to be found and hereby declare that I am willing to place all such property at the disposal of the Court save in so far as it includes such particulars (not being my books of accounts) a share exempted by law from attachment and sale in execution of a decree.
I have not on any previous occasion filed a petition to be adjudged an insolvent, or, set out in Schedule 'C' particulars.
(................................................................................ relating to my previous petition/petitions to be adjudged an insolvent. Verification clause as in plaints.
Signature
Foot Notes:-
(a) Insert name and address and description of debtor.
(b) State name of court and particulars of decree in respect of which the order of detention has been made or by which an order of attachment has been made against debtor's property.
(c) State whether and how any of the debts are secured.
(d) The particulars required-
(i) where a petition has been dismissed, reasons for such dismissal.
(ii) where the debtor has previously been adjudged an insolvent, concise particulars of the insolvency including a statement whether any previous adjudication has been annulled and if so the grounds therefor.
(Printed Part I-26)
Form No. 4
(Rule 42)
Notice to Creditors of the date of hearing of an Insolvency Petition
Section 19
(Title)
Whereas A.B................................... has applied to this Court by a petition dated ................................. of 20...................... to be declared an insolvent under the Provincial Insolvency Act, 1920 (Act No. V of 1920) and your name appears in the list of creditors filed by the aforesaid debtor, this is to give you notice that the Court has fixed the................day of ..................19 for the hearing of the aforesaid petition and the examination of the debtor. If you desire to be represented in the matter, you should attend in person or by duly instructed pleader. The particulars of the debt alleged in the petition to be due to you are as follows:-
Judge.
(Printed Part 1-27)
Form No. 5
(Rule 3)
Order of Adjudication
Section 27
(Title)
Pursuant to a petition, dated ,................................against (here insert name, description and address of the debtor) ................................. and on the application of (here insert "the official Receiver" or "the debtor himself' or "A.B. of. .......................... a Creditor") .................... and on reading ...and hearing, it is ordered that the debtor be, and the said debtor is hereby, adjudged insolvent.
Dated this......................day of.................20..........
Judge
(Printed Part 1-28)
Form No. 6
(Rule 3)
Order Appointing a Receiver, under Section 56
(Title)
Whereas pursuant to his application, dated .......................... A.B. was adjudicated an insolvent by order of this Court, dated ...................... and it appears to the Court that the appointment of a Receiver for the property of the insolvent is necessary.
It is ordered that a receiving order be made against the insolvent and a receiving order is hereby made against the insolvent and A.B. of ................ (or the official Receiver) is hereby constituted Receiver of the property of the said insolvent, and it is further ordered that the said Receiver (not being the official Receiver) do give security to the extent of and that his remuneration be fixed at.
Dated...............
Judge
(Printed Part 1-29)
Form No. 7
(Rule 3)
Notice to Creditors of the date of Consideration of a Composition or Scheme of Arrangement
[Section 38(1)]
(Title)
Take notice that the Court has fixed the...................day of.....20......for the consideration of a composition (or scheme of arrangement) submitted by A.B. the debtor in the above insolvency petition. No creditor who has not proved his debt before the aforesaid date will be permitted to vote on the consideration of the above matter. If you desire to be represented at the above mentioned hearing, you should be present in person or by duly instructed pleader with your proofs.
Judge
(Printed Part 1-30)
Form No. 8
(Rule 3)
List of Creditors for use at Meeting held for Considerations of Compositions or Scheme
[Section 38(2)]
(Title)
Meeting held at..............................this day of..............20...
|
S.No. |
Name of all creditor whose proofs have been admitted |
Here state as to each creditor whether he voted, and if so, whether personally or by pleader |
Amount of assets |
Amount of admitted proof |
|
Total |
Required number of majority..........................
Required value Rs..................
(Printed Part 1-31)
Form No. 9
(Rule 4)
Notice to Persons Claiming to be Creditors of Intention to Declare Final Dividend
[Section 64]
(Title)
Take notice that a final dividend is intended to be declared in the above matter, and that if you do not establish your claim to the satisfaction of the Court on or before the...............day...............of.............20.or such later day as the Court may fix, your claim will be expunged, and I shall proceed to make a final dividend without regard to such claim.
Dated this day of..20....
To
X. Y.
(Sd/-)
G.H. Receiver
(Address)
(Printed Part I-32)
Form No. 10
(Rule 3)
Order Annulling Adjudication under Section 35
(Title)
On the application of Rs...................................of..............and on reading and hearing it is ordered that the order of adjudication, dated................against A.B. of...be and the same is hereby annulled.
Dated this..................day of...............20............
Judge
(Printed Part 1-33)
Form No. 11
(Rule 3)
Notice to Creditors of Application for Discharge
[Section 411]
(Title)
Take notice that the above-named insolvent has applied at the Court of his discharge and the Court has fixed the ................................................... day of...20.............at O' clock for hearing the application.
Dated this...........................day of.............20..................
Judge
Note:-On the back of this notice the provisions of Section 42(1) Act V of 1920, should be printed.
(Printed Part 1-34)
Form No. 12
(Rule 3)
Order of Discharge Subject to Conditions as to Earnings after Acquired Property and Income
[Section 41(2) (a), (b) or (c)]
(Title)
On the application of............................adjudged insolvent on the .................. day of..........20................and upon taking into consideration, the report of the Official Receiver (or Receiver) as to the insolvent's conduct and affairs and bearing A.B. and C.D. creditors:-
It is ordered that the insolvent-
(a) be discharged forthwith; or
(b) be discharged subject to the following conditions as to his future earnings, after acquired property and income.
After setting aside out of the insolvent's earning after acquired property and income, the yearly sum of Rs..........................for the support of himself and his family the insolvent shall pay the surplus, if any (or such portion of such surplus as the court may determine), of such earnings after acquired property and income to the court or Official Receiver (or Receiver) for distribution among the creditors in the insolvency. An account shall, on the first day of January in every year, or within fourteen days, thereafter, be filed in these proceedings by the insolvent, setting forth a statement of his receipts from earning, after acquired property and income during the year immediately preceding the said and the surplus payable under this order shall be paid by the insolvent into court or the Official Receiver (or Receiver) within fourteen days of the filing of the said account.
Dated this.............................day of..................20.............
Judge
(Printed Part 1-35)
Form No. 13
(Rule 3)
Notice of Application by Unscheduled Creditor
(Title)
To
Whereas an application has been made to this court by...........who claims to be a creditor of.........................whose application to be declared as insolvent was filed in this court on the................day of....................20..............for permission to produce evidence of the amount and particular of his pecuniary claims against the insolvent, and for an order directing his name to be entered in the schedule as a creditor for the debts which he may prove; this is to give you notice that the said application will be heard in this court on the ......................day of 20..........when you should appear personally or by pleader, if you desire to object to it.
Given under my hand and the seal of this court, the..............day of...........20.........
Judge
(Printed Part 1-36)
Form No. 14
(Rule 27)
Receipt Book
|
Book No. |
Serial No. |
Book No. |
Serial No. |
||||
|
Receipt Book |
Receipt Book |
||||||
|
Received from.................................. |
Received from.................................. |
||||||
|
Reference to the demand register or other record |
Particulars |
Amount |
Reference to the demand register or other record |
Particulars |
Amount |
||
|
Date of realisation |
Date of realisation |
||||||
(Not Printed)
Form No. 15
(Rule 28)
Proof of Debt General Form
(Section 29)
(Title)
In the matter of.......................................No...................... (a) of 20 ...............I of (b).....................make oath and say (or solemnly and sincerely affirm and declare):
was
That the said............................at the date of the petition....viz.
where
day of..........................................20..................................and still is/are justly and truly indebted to me in the sum of Rs........................................P............for (c) ............as shown by the account endorsed hereon (or the following account), viz., for which sum or any part thereof I say that have not, nor hath .............or any person by....order to my knowledge or belief for use........had, or received, any manner of satisfaction or security whatsoever, save and except the following (d)................................
Admitted to vote for Rs...............................
Judge of official Receiver
Sworn at.................this........day of...........20............before me.
Deponent 's Signature
Commissioner
(a) Here insert number given in the notice.
(b) Address in full.
(c) State consideration and specify the vouchers (if any) support of the claim.
(d) Here state details of securities, bills or the like.
(Printed Part 1-37)
Form No. 16
(Rule 29)
Proof of Debt of Workmen
(Section 49)
(Title)
I, (a).....................of (b)..................I make an oath and say (or solemnly and sincerely affirm and declare):-
That (c)........................at the date of the adjudication, viz. the............day of........20.............., and still justly and truly indebted to the several persons whose names, addresses and descriptions appeal in the schedule endorsed hereon in sums severally set against their names in the sixth column of such schedule for wages due to them respectively as workmen or other in (d)..................in respect of services rendered by them respectively to (e)........................................during such periods before the date of the receiving order as are set out against their respective names in the fifth column of such schedule, for which said sums, or any part thereof. I say that they have not, nor bath any of them had or received any manner of satisfaction or security whatsoever.
|
Admitted to vote for |
Sworn at....................... |
Signature Deponent |
Commissioner
(a) Fill in full name, address and occupation deponent.
(b) The above named debtor or the foreman on behalf of workmen and others employed by the debtor.
(c) "I" or "the said".
(d) "May employ" or "the employ of the above named above debtor".
(e) "Me" or "the above named debtor".
(Printed Part 1-38)
Form No. 17
(Rule 43)
Summary Administration
(Section 74)
(Title)
Notice to Creditors
Take notice that on the.....................day of..........20................the above named debtor presented a petition to this Court praying to be adjudicated an insolvent and that on the .................. day.............of...........20...the Court being satisfied that the property of the debtor is not likely to exceed Rs. 500/- directed that the debtor's estate be administered in a summary manner and appointed the ..........day of 20........................for further hearing of the said petition and examination of the said debtor.
Also take notice that the Court may on the aforesaid date then and there proceed to adjudication and distribution of the assets of the aforesaid debtor. It will be open to you to appear and give evidence on that date. Proof of any claim you desire to make must be lodged in Court, on or before that date.
Given under my hand and the seal of this Court, the. of...............20................day
Judge
(Printed Part 1-39)
Appendix-'B'
List of registers prescribed under the Insolvency Rules
|
S.No. |
Description |
Reference to rule |
Remarks |
|
1 |
Insolvency Register |
4,6 |
Printed |
|
2 |
Register of Insolvent's estate in the hands of Receiver. |
6 |
Printed |
|
3 |
Receiver's Cash-Book |
20 |
Not Printed |
|
4 |
Receiver's Personal Ledger |
27(7) |
Not Printed |
|
5 |
Receiver's Register of Insolvent's movable property. |
27(10) |
Not Printed |
|
6 |
Receiver's Register of Miscellaneous demands. |
27(10) |
Not Printed |
|
7 |
Receiver's Register of Insolvent's Immovable property. |
27(11) |
Not Printed |
|
8 |
Receiver's Register of Insolvent's Book-Debts. |
27(14) |
Not Printed |
|
9 |
Register of Dividends |
27(15) |
Not Printed |
|
10 |
Register of Suits by Receiver. |
27(18) |
Not Printed |
Register No. 1
Insolvency Register
(Rule 4, 6)
|
Date of application |
Name of applicant with description and place of abode |
Sr. No. of this Register |
How received in Court |
Date of disposal |
|||
|
Whether received by transfer |
Whether filed in court |
||||||
|
By debtors |
By creditors |
||||||
|
Under arrest of imprisonment |
Not under arrest or imprisonment |
||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
How disposed of |
Composition approved by court under Section 38 |
Whether any debtor sent for trial under Section 69 |
Whether any undischarged insolvent sent for trial under Section 72(2) |
||||
|
Transferred to what court |
Withdrawn under Section 14 |
Dismissal under Section 25 |
Order of adjudication granted u/s. 27 |
||||
|
A receiver being appointed |
A receiver not being appointed |
||||||
|
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
(Contd....)
Register No. 1 (Contd....)
|
Number of persons adjudged insolvents and their discharge |
Date by which discharge is to be applied for |
Remarks |
||||||
|
Person adjudged insolvent |
Disposal by discharge or otherwise |
|||||||
|
Date |
Transferred to another Court undischarged |
Died |
Number absolutely discharged under Section (2) (a) |
Number conditionally discharged under Section 41(2)(c) |
Number remaining undischarged under Section 41(2)(b) |
|||
|
17 |
18 |
19 |
20 |
21 |
22 |
23 |
24 |
25 |
(Printed Part II-60)
Note.-Columns, 4-7 should be totalled monthly and the monthly totals added up annually and the remaining columns 8, 14,' 15, 16, 17, 19 and 23 should be totalled annually, Column 23 will furnish figures for column 17 of Ret. 5 being the difference between the totals of column 17 and of columns 19-22 together.
When a case is transferred to another court for disposal, columns 10-23 will not be filled up. The date to be entered in column 24 is the date on which the period fixed for the debtor to apply for this discharge expires. The date of the expiry of the extended period should be noted in red ink below the original date.
Register No. 2
Register of Insolvent's Estates in the Hands of Receiver
(Rule 6)
|
Date of appointment and name of Receiver |
No. of case in insolvency Register |
Name of applicant |
Date |
Amount |
||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
Date |
Remuneration of Receiver [Section 77(4)] |
Charges other than cerditor's claims [Section 62(1)(d)] |
Creditor's Claims satisfied [Section 62(2)] |
Total |
Creditor's claim not satisfied |
Amount of realized assests in the hands of Receiver [Section 62(1)] |
|
8 |
9 |
10 |
11 |
12 |
13 |
14 |
Note.-Columns 4, 5, 7, 12 and 14 should be totalled quarterly on receipt of the Receiver's statement and annually. Column 12 will be filled up when columns 9, 10 and 11 have been filled up
Register No. 3
Receiver's Cash-Book
(Rule 20)
|
Date of receipt |
Particulars of income and from whom received with name of estate |
Number of receipts |
Amount |
Reference to the personal ledger folio |
Date of payment |
Nature of payment and to whom paid with name of estate |
Number of cheque or the word 'Cash' |
Amount |
Reference to the personal ledger folio |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
|
(Not Printed)
Register No. 4
Receiver's Personal Ledger
[Rule 27(7))]
|
Date |
Particulars |
Amount |
Date |
Particulars |
Amount |
|
1 |
2 |
3 |
1 |
2 |
3 |
|
|
(Not Printed)
Register No. 5
Receiver's Register of Insolvent's Movable Property
[Rule 27(10)]
Name of Estate..........................
|
Sr. No. |
Description of property |
Number, quantity or weight |
Estimated value |
Official Receiver's initials |
Manner of disposal |
Date of disposal |
Amount for which disposed of |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
|
(Not Printed)
Register No. 6
Receiver s Register of Miscellaneous Demands
[Rule 27(10)]
|
Sr. No. |
From whom due |
Particulars of demand |
Official Receiver's initials |
Particulars of realization |
Remarks |
||||
|
Reference |
Current |
Arrear |
Date of receipt |
Number of receipt |
Amount |
||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
|
|||||||||
(Not Printed)
Register No. 7
Receiver's Register of Insolvent's Immovable Property
[Rule 27(11)]
Name of Estate.................................................
|
Sr. No. |
Description and situation of property |
Extent of share and its approximate value |
How managed with a name of the leasee, if any |
If rented or leased, amount thereof |
Official Receiver's initials |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
(Not Printed)
Register No. 8
Receiver's Register of Insolvent's Book Debts
[Rule 27(14)]
Name of Estate............................................
|
Sr. No. |
Date of document |
Name and address of the party who executed the documents |
Amount |
Official Receiver's initials |
Particulars of collection |
Remarks |
||||
|
Month |
Date |
Principal |
Interest |
Date of realisation |
Number of receipt |
Amount realised |
||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
(Not Printed)
Register No. 9
Register of Dividends
[Rule 27(15)]
Name of Estate..................
|
S. No. |
Creditor's name |
Amount admitted of debt |
Secured or scheduled |
References to the Court's Order |
Official Receiver's initials |
Rate of dividend paid |
Date of payment |
Amount paid |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
(Not Printed)
Register No. 10
Register of Suits by Receiver
[Rule 27(18)]
Name of Estate.........................
|
Sr. No. |
Particular of suit |
Date of filing the suit |
Amount of suit |
Date and amount of expenditure |
Result of suit |
Reference to entry in the demand register if the suit is decreed |
Official Receiver's initials |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
(Not Printed)
Appendix-'C'
List of Returns and Statements Prescribed under the Insolvency Rules
|
S.No. |
Description |
Reference to rule |
Remarks |
|
1. |
Monthly report about cases in which no application for discharge is made within the time allowed. |
6 |
By Clerk concerned to Presiding Officer, Form not prescribed. |
|
2. |
Monthly Statement of work done by Receiver |
26 |
By Clerk concerned to Presiding Officer, Form not prescribed. |
|
3. |
Quarterly accounts of deposits and cash balances in respect of all the estates for which there is a Receiver. |
21 |
Printed By Receivers to the Presiding Officers of the Court concerned. |
|
4. |
Quarterly accounts of all the receipts and disbursements in the case or cases in which there is a Receiver. |
22 |
Printed By Receivers to the Presiding Officers of the Court concerned. |
|
5. |
Annual Statement showing the number and result of Insolvency Petitions and the number of insolvency. |
50 |
Printed By Distt. Judge of Rajasthan High Court. |
|
6. |
Annual Statement of Proceedings in insolvency showing the number of estates in the hands of Receivers and Progress made in winding them up. |
50 |
Printed By Distt. Judge of Rajasthan High Court. |
Return No. 3
Quarterly Account of Deposits and Cash Balances in Respect of all the Estates for which there is a Receiver
[Rule 21]
|
Date |
Name of Estate |
Total amount of deposit in Court |
Total amount in Deposit in Bank with name of Bank |
Total |
Cash in hand |
Total of Columns No. 3, 7 & 8 |
Remarks |
||
|
In Fixed Deposit |
In Savings Bank A/c |
In Current Account |
|||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
(Not Printed)
Return No. 4
Quarterly Account of all the Receipt and Disbursements in the Case or Cases in which there is a Receiver
[Rule 22]
|
Sr. No. |
Name of estate |
Opening balance at the commencement of the quarter |
Receipt during the quarter |
Total |
Remuneration of receiver [Section 57(4)] |
Charges other than creditor's claim [Section 62(2)] |
Creditor's claim satisfied [Section 62(2)] |
Total disbursement during the quarter |
Balance at the end of the quarter |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
(Not Printed)
Return No. 5
Annual Statement Showing the Number and Result of Insolvency Petitions and the Number of Insolvents
[Rule 50]
|
Class of Court |
Insolvency Petitions |
||||||
|
Number dealt with |
|||||||
|
Pending at the imprisonment |
By debtors |
By creditors |
Received by transfer |
Total |
Transferred |
||
|
Under arrest or imprisonment |
Not under arrest or imprisonment |
||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
Insolvency Petitions |
Undischarged insolvents sent for under |
||||||
|
With drawn under Section 14 |
By composition or scheme of arrangement under Section 38 |
By order of adjudications under Sections 27 & 28 |
Dismissed under Sections 25 & 69 |
Total |
Debtors sentences under Section 69 |
||
|
Receiver being appointed |
Receiver not being appointed |
||||||
|
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
(Contd....)
Return No. 5 (Contd....)
|
Debtors adjudged to be insolvent |
||||
|
Number before the Court |
Disposed of |
|||
|
Remaining undischarged at the close of previous year |
Undischarged received by transfer |
Adjudged to the insolvent during the year |
Total |
Transferred |
|
17 |
18 |
19 |
20 |
21 |
|
Debtors adjudged to be insolvent |
||||
|
Disposed of |
||||
|
Died |
Absolutely under Section 41(2)(a) |
Conditionally under Section 41(2)(a) |
Total |
Remaining undischarged at close of year including insolvents who have been refused, discharged or whose discharged remains suspended under Section 41 (2)(b) |
|
22 |
23 |
24 |
25 |
26 |
(Printed Part III-23)
Return No. 6
Annual Statement of Proceedings in Insolvency Showing the Number of Estate in the Hands of Receivings and Progress Made in Winding them up
(Rule 50)
|
Number of Insolvent's Estate in the hands of receivers |
||||
|
Class of Court |
Pending at the close of the previous year |
Placed in charge of a receiver during the year |
Pending at the close of the year |
Unsatisfied and pending at the close of the previous year |
|
1 |
2 |
3 |
4 |
5 |
|
Amount of creditor's claim deal with during the year |
Amount of Insolvent's assests realised and outstanding |
Remarks |
|||||
|
Proved |
Satisfied |
Unsatisfied and pending at the close of the year |
Amount of realised assets in the hands of receivers at the close of the previous year |
Gross amount realised during the year |
Total amount of disbursement |
Amount remaining in the hands of receiver at the close of the year |
|
|
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
(Printed Part III-24)
CHAPTER V
Rules under the Indian Succession Act, 1925
In exercise of the powers conferred by Article 227 of the Constitution of India and other provisions empowering it in this behalf, the High Court of Judicature for Rajasthan has, with the previous sanction of the Provincial Government and in supersession of all existing rules on the subject made the following rules:-
1. Short title and commencement. - These rules may be called the Rajasthan Succession Rules, 1984.
2. They shall come into force from the date of their application in the Rajasthan Gazette.
3. The following forms shall be used in cases under the Indian Succession Act, 1925 (Act No XXXIX of 1925):-
(i) Form of Engagement of Curator (F.1.)
(ii) Form of Security Bond (F.2.)
(iii) Form of Sanad (F.3.)
(iv) Form of Citation under Section 283 (F. 4.)
4. Minor's age to be given in certain applications. - In cases where an application is made under Sections 278 and 279 of the Indian Succession Act, 1925 (Act No. XXXIX of 1925) for a limited grant duronte minors estate, the court shall require the applicant to state in his application the age of the minor and to verify such statement by affidavit.
5. Security bond in probate cases. - The form of Administration bond (F. 5.) shall, with necessary changes, be used in the cases of probate also.
6. Details of property in the grant. - When a grant is made under Section 289 or Section 290 of Act No. XXXIX of 1925, the Court making the same shall, in cases in which property beyond the limits of the State is effected append to the grant a schedule setting out the value of the property situate beyond the limits of the State and effected by the grant.
7. Executor or Administrator's Accounts. - The inventory and account to be furnished by an Executor or Administrator shall be in Form Nos. 6 and 7 respectively and shall be verified in the manner following:-
"I, the Executor (Or Administrator) named in the above inventory, do hereby declare that the said inventory is in every respect true, perfect and correct, to the best of my knowledge/information and belief, and that the same contains a full true and perfect inventory of all the property in the possession of deceased............at the date of his death and of, all credits owing to him, and of all debts owing by him 'or', the Executor (or Administrator) named in the above account, do hereby declare that the said account is true, perfect and correct to the best of my knowledge/information and behalf, and that if gives a full, true and perfect account of all the estate and effects of the deceased....which has or have come into my hands, possession, power, control, custody or knowledge, and of the disposition of the same."
8. Notice of application for grant of succession certificate. - Under Section 373, clause 1(b) of Act, No. XXXIX of 1925, notice of application for grant of a succession certificate shall be given:-
(1) by pasting a proclamation on the notice-board of the court;
(2) by pasting a duplicate thereof on the house of the deceased;
(3) by beat of drum in the 'Mohalla' of the town or the village in which the deceased last resided;
(4) and may also be published in a newspaper if the court thinks it proper to do so, having regard to the valuation of the property.
9. Submission of return. - The annual statement for the previous financial year showing the number of probates etc. (Ret. 1) shall be forwarded by subordinate courts to their District Judge on or before 20th April, and the Consolidated statement for the judgeship shall be submitted by the District to the High Court incorporating the figures of his own court on or before 10th of May.
10. All the forms and returns prescribed under these rules have been given in Appendix "A" of these rules.
Appendix-'A'
List of Forms and Returns prescribed under the Rajasthan Rules relating to Indian Succession Act
(1) Forms
|
S. No. |
Description |
Reference to Rules |
Remarks |
|
1 |
2 |
3 |
4 |
|
1. |
Form of Engagement of Curator |
3 |
Not printed |
|
2. |
Form of Security Bond |
3 |
Not printed |
|
3. |
Form of Sanad |
3 |
Not printed |
|
4. |
Form of Citation under Section 283 |
3 |
Not printed |
|
5. |
Form of Administration Bond |
5 |
Not printed |
|
6. |
Inventory to be furnished by an Executor or Administrator |
7 |
Printed |
|
7. |
Account to be furnished by an Executor or Administrator |
7 |
Printed |
(2) Return
|
S. No. |
Description |
Reference to Rule |
Remarks |
|
1 |
2 |
3 |
4 |
|
1 |
Annual statement showing the numbers of probates, letters of Administration and certificate issued. |
9 |
By Subordinate Courts to District Judge concerned up-to 20th day of April. |
|
Annual statement (consolidated) showing the number of Probates, letters of Administration and certificate issued. |
9 |
By District Judge to the Registrar, Rajasthan High Court by 10th day of May. |
Form No. 1
(Rule 3)
Form of Engagement of Curator
I, A.B. having been appointed by the Judge of District of.............under the provisions of Act No. XXXIX of 1925, to take temporary possession of the property of the late C.D. do hereby solemnly promise and engage diligently and faithfully to discharge the trust committed to me, and to act in every respect according to the instruction given to me, and to the best of my judgment for the interest of the properties. I also promise to obey all orders of the Judge regarding the institution of the defence of suits concerning or connected with the property committed to my charge. further promise and engage to give acquittances for all sums of money collected by me, as debts or rents on account of the estate of C.D. and to render a true and just account of whatever may be received by me on account of the said estate, filing at the earliest practicable period an inventory of the property received by me and also monthly in the Judge's office accounts in abstract, and at the end of every three months and on giving up possession of the property, accounts in detail of my administration of the said property. further promise and engage to adhere strictly to the laws passed for the guidance of curators and to such orders as may receive from the Judge, and to derive no personal advantage whatever, directly or indirectly from the trust committed to me beyond the allowance granted to me as stated in my Sanad of appointment.
A.B.
(Not Printed)
Form No. 2
(Rule 3)
Form of Security Bond
Whereas A.B. has been appointed by the Judge of the District of............. under the provisions of Act No. XXXIX of 1925, do hereby engage and bind myself to the said Judge and his successors-in office to stand security, and to be answerable for the faithful discharge of his trust by the said A.B. agreeable to the terms of his sanad of appointment a copy of which has been duly delivered to me. 1 also bind myself, my heirs and successors, to the said Judge and his successors-in-office not to sell, give or otherwise transfer or dispose of the property mentioned in the annexed schedule, which hereby pledge for the purposes of this engagement, until the conditions, thereof have been completely fulfilled.
E.F.
Schedule of Property
(To follow here)
(Not Printed)
Form No. 3
Form of Sanad
(Rule 3)
Sanad To A.D.
Whereas you, A.B., have been appointed, under the provisions of Act XXXIX of 1925, to take temporary possession of the property of the late C.D. you shall diligently and faithfully discharge the trust committed to you, and act in every respect according to the instructions given to you, and to the best of your judgment for the interests of the properties. You shall obey all orders of the Judge regarding the institution or the defence of suits concerning or connected with the property committed to your charge. You shall further receive payments of the debts and rents due to the estate of the said C.D. until otherwise ordered, such power of collecting debts to cease on the granting of a certificate of probate or letters of administration to the estate of the said C.D., and you shall give acquittance for all sums or money collected by you, as debts or rents, on account of the estate of the said C.D. and you shall render a true and just account of whatever may be received by you on account of the said estate, filing at as early a period as practicable an inventory of the property received by you, and also monthly in the Judges, a office accounts in abstract, and at the end of every three months and on giving up possession of the property, account in detail of your administration of the said property you shall further adhere strictly to the laws passed for the guidance of Curators and to such order as you may receive from the Judge, and you shall derive no personal advantage whatever, directly or indirectly from the trust committed to you beyond the allowance hereby granted to you or per cent on the personal property and on the annual profits of the real property placed under your charge; and you shall exercise the power of Curator under this sanad until the determination of the summary suit now pending respecting the right of possession of the said property, or until otherwise ordered by this Court.
Schedule of property placed under Curator.
(To follow here)
(Not Printed)
Form No. 4
Form of Citation
(Rule 3)
(Section 283)
In the Court of the .........................at................Testamentary and Intestate Jurisdiction. Petition for..............deceased.
Petitioner...............................
All persons claiming to have any interest in the estate of the above named deceased are hereby cited to come and see the proceedings, if they think fit before the grant of...
Dated...........................20 day of.
Seal
Signature
Designation
(Not Printed)
Form No. 5
(Rule 5)
Administration Bond
The following form of Administration Bond may be used under Section 291 of Act No. XXXIX of 1925 with necessary changes in case of probate:-
We, A.B. of..................C.D. of..............and E.F. of. are bound unto G.H., Esqr. the Judge of the District Court of...........................and to his successors-in office in the sum of rupees (double the amount of the assets) likely to come to the administrator's being, for which payment we bind ourselves and each of us and any two of us and the heirs, executors, and administrators of us and of each of us and of any two of us jointly, severally and respectively.
Dated...................day of.................19.
The engagement of this Bond is such that if the above names A.B., the person appointed by the above-named G.H. Esqr., under the Indian Succession Act No. XXXIX of 1925, to be the administrator of the estate of I.K., late of....deceased who died on the day of...20...,do make a true inventory of all the estate of the said deceased which has or shall come to his possession, power of knowledge, and do exhibit the same into the said Court on or before the day of...19, and the same estate and all the other estate of to said deceased at the time of his death which at any time after shall come into the possession or power of the said A.B., do administer according to law (that is say) do pay the debts which he owed at his deceased, and further do render a true account of his said administration whenever by law required so to do, and all the residue of the said estate, do pay into such person or persons as shall be entitled thereto under the said Act; and if it shall hereafter appear that any last Will was made by the said deceased and the executor or executors or other persons therein named do exhibit the same in the said Court, if the said A.B. being thereunto required, do render and deliver the said letters of administration (approbation of such Will being first had and made in the said Court) then this obligation to be void or also to remain in full force.
A.B.
C.D.
E.F.
Signed by the said A.B.C.D. and E.F. in the presence of..................
(Not Printed)
Form No. 6
Inventory to be Furnished by an Executor or Administrator
(To be filled within six months from grant of Probate of Letter of Administration)
|
Property In Possession of Executor Administrator |
|||||
|
Immovable Property |
Movable Property |
||||
|
Description |
Government revenue payable (If any) |
Recorded rental (if any) |
Estimated market value |
Description |
Estimated value |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
Credits |
Debits |
Property Bequeathed By Will of Deceased |
|||||
|
Amount due to estates |
From whom due |
nature of security |
Amount due |
To whom due by estate |
On what account |
Amount of value |
To whom bequeathed |
|
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
(Printed Part 1-40)
Form No. 7
Account to be Furnished by an Executor or Administrator
(To be filled within six months from grant of Probate of Letter of Administrator)
|
Assets |
Application or disposal of assets |
||||||||
|
Property in possession of executor under the Inventory From No. 96 |
Income from such property |
Credits realised out of those entered in the inventory |
Other assets or credits recovered or realised |
Total asset which have come into the hands of executor or administrator up-to-date of filing the account |
Debts paid out of those entered in the inventory |
Legacies paid out of those entered in the inventory |
Other payments made |
Total payments |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
Return No. 1
Annual Statement Showing the Number of Probates of Administration and Certificates issued
(Rule 9)
|
Declared value of assets |
Number of probates or letter of administration with Will annexed |
Court fees paid column 2. (Art. 11, Schedules 1 & 2 of Act No. VII of 1870 as adapted to Rajasthan) |
No. of letter of administration without Will annexed |
Court fee paid on column 4 (Art. 11, Schedule 1 of Act No. VII of 1870 as adapted to Rajasthan) |
|
1 |
2 |
3 |
4 |
5 |
|
Not exceeding 1000/- |
||||
|
From Rs. 1,000/- to Rs. 5,000/- |
||||
|
From Rs. 5,000/- to Rs. 10,000/- |
||||
|
From Rs. 10,000/- to Rs. 50,000/- |
||||
|
From Rs. 50,000/- to Rs. 1,00,000/- |
||||
|
Above Rs. 1,00,000/- |
|
No. of certificate under Section 374 of Act No. XXXIX of 1925 |
Court fees paid on column 6 at 2 per centum (Art. 12, Schedule 1 of Act VII of 1870 as adapted to Rajasthan) |
No. of certificate extended under Section 376 of Act No. XXXIX of 1925 |
Court fees paid on column 8 at 3 per centum (Art. 12, Schedule 1 of Act No. VII of 1870 as adapted to Rajasthan) |
No. (Columns, 2, 4, 6 and 8): Total |
Amount of fees (Columns 3, 5, 7, 9) |
No. of letters of administration cancelled and fresh letters issued in lieu of the original |
Remarks |
|
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
In submitting this annual statement the figure for the Courts subordinate to the District Judge should be embodied in the District Judge's return, and in order to facilities the preparation of the statement, the amount for which the probate or certificate, etc. granted, should be entered in column 8 of the Register of Court Fees and Process Fees (Register No. 64 of the Manual of Civil Courts Rules, 1986, Vol. II).
(Printed Part 15)
CHAPTER VI
Rules under the Arbitration (Protocol and Convention) Act, 1937
By virtue of the provisions of Section 10 of the Arbitration (Protocol and Convention) Act (No. VI of 1937) and of all other powers therein to enabling, of the High Court of Judicature for Rajasthan has made the following rules for carrying into effect the provisions of the said Act.
1. Short title and commencement. - These short rules may be called as "The Rajasthan Arbitration (Protocol and Convention) Rules, 1984".
2. They shall come into force from the date of their publication in the Rajasthan Gazette.
3. Rules under Section 10 of the Arbitration (Protocol and Convention) Act. - (1) All applications, affidavits and proceedings under the Act shall be entitled "In the matter of the Arbitration (Protocol and Convention) Act, 1937, Suit No...........of 20.................
(2) All applications under the Act shall be made on a Government watermarked paper and shall be presented in the court having jurisdiction over the subject-matter of the award. They shall be either legibly typed or printed. The application shall be presented either personally or through a duly authorised agent or legal practitioner.
(3) The application shall be numbered and registered as a suit between the applicant as plaintiff and the other parties to the arbitration as defendants.
(4) Every petition shall be divided into paragraph, numbered consecutively, and shall contain, in a summary form, a statement of material facts, and the nature of the relief asked for.
(5) Every petition shall be signed and verified in the manner provided in the Code of Civil Procedure for signing and verifying plaints and no petition shall be entertained unless it be so signed and verified.
(6) The original award or a duly authenticated copy thereof shall be filed with the petition unless the court by an order in writing allows its production at a later stage.
(7) Every application or petition or affidavit shall be accompanied by as many legibly typed or printed copies as the number of defendants who are to be served with notice thereof.
(8) Notice in Form No. 4 Appendix 'H' of the Code of Civil Procedure with necessary alteration, shall be served in one or other of the modes prescribed, by the Code of Civil Procedure for the service of summonses, upon every defendant and such other persons as may appear to the court to be affected by or concerned with the suit.
(9) The process fees shall be levied according to the scale prescribed for similar processes issued by the court and must be paid within a week unless otherwise ordered by the court.
(10) Applications, affidavits and proceedings under Section 3 of the Act shall be filed or instituted in the suit or proceedings which the applicant seeks to have stayed. A court may stay proceedings on such terms as it thinks fit, but not without notice to the opposite party, except where it appears that the object of granting a stay would be defeated by any delay occasioned by issuing a notice.
(11) The provisions of the Code of Civil Procedure shall apply mutatis mutandis in the absence of specific rules or provisions of law.
(12) Applications under the Act should be decided expeditiously and a report should be made to the High Court as to the cause of delay if a suit has not been decided within six months.
CHAPTER VII
Rules under the Hindu Marriage Act, 1955
(Act No. XXV of 1955)
The following rules have been framed by the Rajasthan High Court under Sections 14 and 21 of the Hindu Marriage Act, 1955 (Act No. XXV of 1955).
1. Short title and commencement. - (i) These Rules may be called "the Rajasthan Hindu Marriage and Divorce Rules, 1984".
(ii) These Rules shall come into force from the date of their publication in the Rajasthan Gazette.
2. Definitions. - (i) 'Act' means the Hindu Marriage Act, 1955 (Act No. XXV of 1955).
(ii) 'Code' means the Code of Civil Procedure, 1908.
(iii) 'Court' means the Court mentioned in Section 3(b) of the Act.
3. Petition. - Every petition under the Act shall be accompanied by a certified extract from the Hindu Marriage Register maintained under Section 8 of the Act, if the marriage is registered.
4. Service of Petitions. - Every petition and notice under the Act shall be served on the party affected thereby in the manner provided for service of summons under Order V of the Code:
Provided that the Court may dispense with such service altogether in case it is necessary or expedient to do so.
5. Contents of Petition. - In addition to the particulars required to be given under Order VII, Rule 1 of the Code and Section 20(1) of the Act, every petition for judicial separation, nullity of marriage and divorce shall contain the following particulars:-
(a) the place and date of marriage;
(b) the names of the parties and their occupation, the principal place and address where the parties resided and cohabited including the address where they last resided together;
(c) the names of the children, if any, of the marriage together with dates of birth or ages;
(d) if prior to the date of the petitioner, there has been any proceeding under the Act between the parties to the petition, the full particulars thereof and the result of such proceedings;
(e) if the petition is for restitution of conjugal rights, the date on or from which and the circumstances under which the respondent withdrew from the society of the petitioner;
(f) if the petition is for judicial separation, the matrimonial offence alleged or other grounds upon which the relief is sought, together with full particulars thereof so far as such particulars are known to the petitioner:-
(i) in the case of alleged desertion, the date and the circumstances under which it began;
(ii) in the case of cruelty or sexual intercourse with any person other than his or her spouse, the specific act of cruelty or sexual intercourse and the occasion when and the places where such acts were committed together with the name and address of the person or persons with whom the respondent has sexual intercourse, if known to petitioner;
(iii) in case of virulent leprosy or venereal disease in a communicable form, when such ailment began to manifest itself, the nature and the period of the curative steps taken together with the name and address of the person who treated such ailment and in the case of venereal disease that it was not contacted from the petitioner;
(iv) in the case of unsoundness of mind, the time when such unsoundness began to manifest itself the nature and period of any curative steps together with the name and address of the person who treated such unsoundness of mind;
(g) if the petition is for divorce, the matrimonial offence alleged or other grounds upon which the relief is sought together with the full particulars thereof so far as such particulars are known to the petitioner, e.g.,-
(i) In the case of allegation that the other party, after the solemnisation of the marriage, held voluntary sexual intercourse with any person other than his or her spouse, that specific act and the occasion when and the place where such act or acts was or were committed together with the name and address of the person with whom sexual intercourse was committed;
(ii) In the case of incurable unsoundness of mind, the time when such unsoundness began to manifest itself, the nature and period of any curative steps taken together with the name and address of the person who treated; for such unsoundness of mind;
(iii) In the case of virulent and incurable form of la prosy or venereal disease in a communicable form when such ailment began to manifest itself, the nature and the period of any curative steps taken together with the name and address of the person who treated for such ailment; and
(iv) In case of presumption of death, the last place where the parties lived together and the date when and the place where the respondent was last seen or heard of as alive and the steps, if any taken to ascertain his or her whereabouts;
(h) if the petition is for a decree of nullity of marriage on the grounds specified in clause (c) or clause (d) of Section 12 of the Act, the time when the facts relied on were discovered and whether or not marital intercourse with the consent of the petitioner took place after the discovery of the said facts;
(i) property mentioned in the Section 27 of the Act if any;
(j) whether the marriage has been registered under Section 8 of the Act;
(k) the petition shall set-out at the end of relief or reliefs sought including any claim for-
(i) custody, maintenance and education of children;
(ii) permanent alimony and maintenance; and
(iii) costs.
Where a claim is made under clause (ii) above, the petition shall specify the annual or capital value of respondent's property, the amount of his or her annual earning and other particulars relating to his or her financial resources and the particulars relating to the petitioner's income and other property.
6. Every petition for divorce on any of the grounds mentioned in clauses (i) and (ii), sub-Section (1-A) of Section 13 of the Act, shall be accompanied by a certified copy of the decree for judicial separation or for restitution of conjugal rights, as the case may be.
7. Necessary parties. - (a) In every petition for divorce or judicial separation on the grounds that the respondents has/had after the solemnization of the marriage voluntary sexual intercourse with any person Other Than His or Her Spouse, the petitioner shall make such person a co-respondent. The petitioner may however, apply to the court by an application supported by an affidavit for leave to dispense with the joinder of such person as a corespondent on any of the following grounds:-
(i) that the name of such person is unknown to the petitioner although he has made due efforts for discovery,
(ii) that such person is dead,
(iii) that the respondent being the wife is leading a life of a prostitute and that the petitioner knows of no person with whom she had voluntary sexual intercourse, and
(iv) for any other sufficient reason, the court may deem fit to consider.
(b) In every petition under Section 13(2)(i) of the Act, the petitioner shall make any other wife mentioned in that section a co-respondent.
(c) In every petition under Section 11 of the Act on the ground that the condition in Section 5(1) is contravened the petitioner shall make the spouse alleged to be living at the time of the marriage a co-respondent.
8. Verification of petition. - Statement contained in every petition shall be verified by the petitioner or some other competent person in the manner required by the Code for the verification of plaints.
9. Forms of petition. - The petitions made under the Act, shall so far as possible, be made in the forms prescribed in the Schedule to the Indian Divorce Act, 1869 (Act No. IV of 1869).
10. Notice. - The court shall issue notice to the respondent and corespondent, if any. The notice shall be accompanied by a copy of the petition. The notice shall require the respondent or co-respondent to file his or her statement in court on or before the date specified.
11. Written statements in answers to petitions by respondents. - The respondent may and, if so required by the Court, shall present a written statement, in answer to the petition. The provisions of Order VIII of the Code shall apply mutatis mutandis to such written statement. In particular if in any proceedings for divorce the respondent opposes the relief sought in the petition, on the ground of the petitioner's voluntary sexual intercourse with any person other than his or her spouse, cruelty or desertion, the written statement shall state the particulars of such voluntary sexual intercourse, cruelty or desertion.
12. Interveners petitions. - (1) Unless the Court for good cause shown otherwise directs, where the written statement of the respondent alleges voluntary sexual intercourse by the petitioner with a named man or woman other than his or her spouse, a certified copy of such statement or such material portion thereof, containing such allegation shall be served on such man or woman accompanied by a notice that such person is entitled within the time therein specified to apply for leave to intervene in the cause.
(2) Costs regarding intervention.-(a) Whenever the Court finds that an intervener had no sufficient grounds for intervening, it may order the intervener to pay the whole or any part of the costs occasioned by the application to intervene.
(b) When the Court finds that the charge or allegation of voluntary sexual intercourse against the intervener made in any petition or written statement is baseless or not proved and that the intervention is justified, it may order the person making such charge or allegation against the intervener to pay to the intervener, the whole or any part of the cost of intervention.
13. Answer. - A person to whom leave to intervene has been granted may file in the Court an answer to written statement containing the charges or allegations against such intervener.
14. Mode of taking evidence. - The witnesses in all proceedings before court, where their attendance can be had, shall be examined orally, and any party may offer himself or herself as witness and shall be examined and may be cross-examined, re-examined like any other witness.
15. Costs. - Whenever in any petition presented by a husband, the alleged adulterer has been made a co-respondent and the voluntary sexual intercourse has been established, the court may order the co-respondent, to pay the whole or any part of the costs of the proceedings:
Provided that the co-respondent shall not be ordered to pay the petitioner's costs:
(i) if the respondent was at the time of the voluntary sexual intercourse living apart from her husband and leading the life of a prostitute, or
(ii) if the co-respondent had not, at the time of voluntary sexual inter-courses, reason to believe the respondent to be a married person.
16. Application for alimony and maintenance. - (a) Every application for maintenance pendente lite permanent alimony and maintenance, or for custody, maintenance and education expenses of minor children, shall state the average monthly income of the petitioner and the respondent, the sources of these incomes, particulars of other movable and immovable property owned by them, the number of dependents on the petitioner and the respondent and the names and ages of such dependents.
(b) Such application shall be supported by an affidavit of the applicant.
17. Application for leave under Section 14 of the Act. - (1) Where any party to a marriage desires to present a petition for divorce within one year of such marriage, he or she shall obtain leave of the Court under Section 14 of the Act on ex-parte application made to the Court in which the petition for divorce is intended to be filed.
(2) The application for leave shall be accompanied by the petition intended to be filed bearing the proper court fee under the law and in accordance with the rules. The application shall be supported by an affidavit made by the petitioner setting out the particulars of exceptional hardships to the petitioner or exceptional depravity on the part of the respondent on which leave is sought.
(3) The evidence in such application may, unless the Court otherwise directs, be given by affidavit.
(4) When the Court grants leave, the petition shall be deemed to have been duly filed on the date of the said order. The petitioner within a week of the date of the said order shall file sufficient number of copies of application for leave and order of the Court thereon and if the petition for divorce for service upon the respondents in the petition.
18. Service of copy of application for and order granting leave on the respondents and procedure after service. - (1) When the court grants leave under the preceding rule a copy of the application for leave and order granting leave shall be served on each of the respondents along with the notice of the petition for divorce.
(2) (a) When the respondent desires to contest the petition for divorce on the ground that leave for filing the petition has been erroneously granted or improperly obtained, he or she shall set forth in his or her written statement the grounds with particulars on which the grant of leave is sought to be contested.
(b) The Court, may, if it so deems fit, frame, try and decide the issue as to the propriety of the leave granted as a preliminary issue.
(c) The Court, may, at the instance of either party, order the attendance for examination or cross-examination of any deponent in the application for leave under the preceding rule.
19. Order as to costs. - The award of costs and quantum thereof shall be within the discretion of the Court.
20. Security for costs. - (1) The wife who is petitioner or who has entered an appearance to a petition may apply to the Court for security for her costs of the proceedings.
(2) At the hearing of an application for a commission to examine a witness within or outside the jurisdiction of the Court or at any time, after such an examination is granted a wife is a petitioner or who has entered an appearance to a petition may apply for security for her costs or and incidental to such examination.
(3) When an application for security has been made under this Rules, the Court shall ascertain what is sufficient sum of money to cover the costs of the wife, and if, after taking all the circumstances into account, including the means of the husband and the wife, it considers that the husband should provide security for all or some of the wife's costs it may order the husband to pay the sum so ascertained, or some portion of it, into Court or to give security therefor within such time as it may fix and may direct a stay of the proceedings until order is complied with.
21. Transmission of certified copy of the decree. - The Court shall send a certified copy of every decree for divorce or nullity or dissolution of marriage to the Registrar of Marriages incharge of the Hindu Marriage Register, if any.
CHAPTER VIII
Rules under the Foreign Awards (Recognition and Enforcement) Act, 1961
(Act No. 45 of 1961)
Rules under Section 11 of the Foreign Awards (Recognition and Enforcement) Act.-The rules framed under Section 10 of the Arbitration (Protocol and Convention) Act (No. VI of 1937) shall be the rules under Section 11 of the Act with necessary modification and shall apply mutatis mutandis to the proceedings under Act No. 45 of 1961, in Rajasthan.