CHAPTER 1

Ch. 1

Practice in the Trial of Civil Suits

Part A]

Part A GENERAL Court Hours, Holidays and Cause Lists

1. Court hoursAll Civil Courts in Punjab and Delhi shall sit at the same hour on every day that is not a holiday for Civil Courts. The ordinary Court hours are from 10 A.M. to 4 P.M. with an interval for luncheon from 1 to 1.30 P.M. Saturdays shall be full working days for Courts and offices attached thereto but the second Saturday of each month may be observed as a close day. The working hours for offices to attached to Civil Courts are from 10 A.M. to 5 P.M. 2. Taking up cases after Court hoursNo new case should be taken up after the closing hour of the Court but the hearing of a case taken up before that hour may, if necessary, be continued for a short time. 3. HolidaysThe holidays allowed to the Civil Courts are annually prescribed by the High Court, under the provisions of Section 47 of the Punjab Courts Act, and no other holidays can be allowed by any other authority. The list of Civil holidays comprises general holidays and local holidays, the latter being usually limited to three days in the year for each district. 4. Taking up cases on holidaysCivil suits and appeals ought not, as a rule, to be taken up during the vocation or on a holiday; but any civil suit or appeal may be legally heard, by consent of the parties during the vacation or on a holiday, if the Presiding Officer to the Court thinks it expedient, for any reason, to keep his Court open for the purpose.
COMMENTS Consent of parties is necessary for hearing civil cases on holidays. Where arguments were heard during Court vacations in absence of party, and order passed ignoring the objection taken by party. The order as well as the earlier order made after hearing arguments, are unsustainable. 1969 Curr. L.J. 202.

5. Attendance of ministerial establishmentThe members of the ministerial establishment of the Courts should (subject to any special rules regarding the Vacation Department) attend their office on all days except on holidays allowed to Civil Courts. An official may, however, be ordered by the Presiding Officer to attend office on a holiday to clear off arrears. An official

should not except in most exceptional cases be made to attend on a holiday pertaining to his religion. 6. Preparation of cause listsCause lists of cases fixed for each day should be prepared a day before. These lists should be exhibited in the Court room, or the verandah of the Court-house, at least by the afternoon of the day preceding that to which they relate, for the information of parties and their pleaders and the order of causes in the list should not be departed from without cogent reasons, unless the case be settled by compromise or the claim be admitted before the day fixed for trial. A strict adherence to this practice will secure punctual attendance and greatly promote the despatch of business and the convenience of parties and witnesses. Cases should as far as possible be so arranged in the cause lists that the litigants may not have to wait long for simple cases and petty work such as miscellaneous applications, executions and objections, etc.
COMMENTS This rule prescribes preparation of course list daily but not its maintenance for ever. Tilak Ram & Sons v. State of Punjab, AIR 1973 Punjab 359.

7. Form of cause listCause lists should be in the following form : In the Court of................................................. Cause list for (Day of the week and date)................................. Serial No. No. and Description of the case Plaintiff Appellant or Petitioner Defendant or Respondent Stage of the case, viz., for issues, evidence arguments 5 Remarks

Part B]

Part B RECEPTION OF PLAINTS AND APPLICATIONS

1. Not to be received on holidaysPlaints and petitions should be received by the Civil Courts on every day which is not an authorised holiday, during office hours. 2. (Not applicable for Delhi) 3. (i) Distribution of casesPlaints and petitions presented will be received and distributed by the District Judge who may delegate this power under Section 37 if the Punjab Courts Act to any Subordinate Judge and should always do so when it is for the convenience of the litigants.

Regard should be had to the provisions of Sections 15 and 20 and Order IV, Rule 1, of the Code of Civil Procedure, in framing directions regarding the reception of Civil suits. (ii) Duty of distributing officerThe work of distribution of cases should not be left to the Reader or the Clerk of Court. The Judge should attend to it personally, noting in his own hand the name of person presenting the case and the Court to which the case has been assigned for trial. He should also inform the person presenting the plaint or petition of the date on which he is required to attend the Court to which the case is sent and note the fact of his having done so in his order. This will avoid the necessity of a notice being issued to the plaintiff or petitioner by the Court to which case is sent. (iii) List of cases assigned to be exhibitedAt the end of each day a list of all the cases so distributed should be exhibited in the Court of the distributing officer. Similarly each Court should exhibit at the end of each day a list of the cases assigned to it by the distributing officer. 4. Examination, endorsement and distributionEvery plaint or petition should, if possible, specify the provision of law under which it is presented and should at the time of its reception, be at once endorsed with the date of its receipt, and such endorsement should be signed by the receiving officer. The Court-fees should be forthwith examined and cancelled in the manner prescribed in that behalf. The receiving officer should prepare a list of all plaints and applications received each day, and be held responsible that they are duly distributed in accordance with the orders passed thereupon, and the general instructions (if any) given by the District Judge or the Senior Sub-Judge in that respect. 5. Insufficiently stamped plaints etc.It shall be duty of the Superintendent of the District and Sessions Judge, Clerks of Court of the Senior Sub-Judge and Judges of Small Causes Courts and Readers of all other Subordinate Judges to see that appeals, plaints and petitions etc., received in the Courts to which they are attached, are properly stamped. When they are in doubt what Courtfee is due on any document, it shall be their duty to refer the matter to the Presiding Officer for orders. These officials are primarily responsible for any loss of revenue caused to Government by insufficiently stamped documents having been received owing to their neglect, but the ultimate responsibility for the loss lies on the Judge of the Court whose duty it is to look into such matters either when the plaints are instituted or when the plaints came up for hearing before him. NoteThe clerk of Court to the Senior Sub-Judge is responsible for checking the Court-fee on those plaints only which the Senior Sub-Judge retains for trial by himself. In other cases the Reader of the Court to which the suit is sent for trial is responsible. Provided that the personal responsibility of the officers concerned shall only be enforced where obvious mistakes have been made and not in cases in which a genuine doubt was possible regarding the correctness of the Court-fee due.

6. Transfer of cases to equalise workThe equal distribution of work amongst the Courts available can always be effected by the transfer of cases when necessary from one Court to another under the authority vested in the District Judge. When a case is transferred by judicial order, the Court passing the order should fix a date on which the parties should attend the Court to which the case is transferred. 7. (a) Petition boxThe petition box shall be placed in the verandah of the Court house about one hour before the Court sits, an official being specially made to attend early for this purpose. It shall be opened in the presence of the Judge about 15 minutes after the Court opens when all petitions shall be initialled by him. The Judge shall pass proper orders forthwith or inform the petitioner when orders will be ready after the necessary Kaifiyats have been put up. The box shall be replaced in the verandah and opened again shortly before the Court rises for luncheon in the presence of the Judge and the same procedure followed. It shall then be replaced once more in the verandah and opened for the last time 15 minutes before the time fixed for the rising of the Court and the procedure prescribed above followed. After the box has been opened for the third time, it shall not be replaced in the verandah but petitions, may thereafter be presented up to the closing hour of the Court to the presiding officer personally who shall receive them. A list of all miscellaneous or execution applications, on which orders cannot be passed forthwith, should be prepared and exhibited outside the Court room specifying the date fixed for the disposal of each application. (b) Urgent casesIn urgent cases the Judge may exercise his discretion and personally receive documents presented to him direct at any time. (c) Reception by ministerial establishment prohibitedThe members of the ministerial establishment are strictly forbidden to receive petitions, plaints or other documents direct from lawyers and their clerks or from litigants except when the Judge is on leave and no other judicial officer is incharge of his current duties. District Judge should, however, invariably make arrangements for the reception of plaints and petitions, etc., by another officer of a Court when an Officer is temporarily absent on leave, tour or otherwise.
COMMENTS When the presiding officer of a Court has been transferred and his successor has not assumed office, the clerk of the Court is competent to receive the petition of plaint. Tara Singh and others v. Ajit Pal Singh, AIR 1972 Punjab 285.

(d) ExceptionsThe above orders do not apply to applications put in by counsel for the inspection of records which may be presented to the Presiding Officer personally, nor do they apply to talbanas and stamped postal envelopes filed by litigants, which should be received direct by the Ahlmad or the moharrir and a receipt given for the same whether demanded or not. 8. Who can file petitions etc.Plaints and petitions must be filed, except, when otherwise specially provided by any law for the time being in force, by the party in person or by his recognised agent or by a duly authorised and qualified legal practitioner.

9. Recognised agentsRecognised agents are defined in Order III, Rule 2, of the Code of Civil Procedure, 1908. As to the appointment of a pleader, the Provisions of Rule 4 of Order III, Civil Procedure Code, as amended by Act XXII of 1926, and the instructions of the High Court given in Chapter 16, Part A, of this volume should be carefully studied. 10. Powers of AttorneyWhen parties appear by pleaders, or agents duly authorised in that behalf, their powers-of-attorney should, when practicable, be filed in original with the plaint. Where the power-of-attorney is a general one, a copy should be filed, the original being presented for verification. When so filed, the power-of-attorney will be considered to be inforced until revoked, with the leave of the Court, by a writing signed by the client and filed in Court, or until the client or pleader or agent dies, or all proceedings in the suit are ended so far as regards the client. 11. Sending by postThe reception of plaints and petitions made under the Code of Civil Procedure for judicial purposes, by post, is irregular. All applications of a judicial nature received by post should be filed and on each application so filed an endorsement should be made to the effect that it was filed as not having been properly presented. This does not apply to applications for copies of judicial proceedings, which are not applications for judicial purposes made under the Code; but are applications dealt with under administrative authority.
Part C]

Part C EXAMINATION OF THE PLAINT

1. ExaminationOn the presentation or receipt of a plaint, the Court should examine it with special reference to the following points viz: (i) whether the plaint contains the particulars specified in Order VII, Rule 1, and conforms to the other rules of pleadings in Orders VI and VII and rules made by the High Court thereunder; (ii) whether there is prima facie, any non-joinder or mis-joinder of parties, or mis-joinder of causes of action; (iii) whether any of the parties to the suit are minors and, if so, whether they are properly represented; (iv) whether the plaint is duly signed and verified; (v) whether the suit is within the jurisdiction of the Court or must be returned for presentation to proper Court (Order VII, Rule 10); (vi) whether the plaint is liable to be rejected for any of the reasons given in Order VII, Rule 11; (vii) whether the documents attached to the plaint (if any) are accompanied by lists in the prescribed form and are in order;

(viii) whether the plaintiff has filed a proceeding containing his address for service during the litigation as required by Rule 19 of Order VII as framed by the High Court; (ix) in money suits, whether the plaintiff has stated the precise amount he claims; (x) whether the plaintiff has stated in his plaint regarding the documents on which he relates his claim and are not in his possession and a statement in whose possession or power they are; (xi) whether the plaintiff has filed the address of the party in the prescribed form. 2. PleadingsThe provisions of the Code, with regard to the pleadings (which term includes the plaint and written statements of parties) should be carefully studied. The principal rules of pleadings may be briefly stated as follows: (a) The whole case must be stated in the pleadings, that is to say all material facts must be stated (Order VI, Rule 2). (b) Only material facts are to be stated. The evidence by which they are to be proved is not to be stated (Order VI, Rules 2, 10, 11 and 12). (c) The facts are to be stated concisely. (d) It is not necessary to allege the performance of any condition precedent; and averment of performance is implied in every pleading but a non-performance of condition precedent, if relied on, must be distinctly stated (Order VI, Rule 6). (e) It is not necessary to set out the whole or any part of a document unless the precise words thereof are necessary. It is sufficient to state the effect of the document as briefly as possible (Order VI, Rule 9). (f) It is not necessary to allege a matter of fact which the law presumes, or as to which the burden of proof lies on the other side (Order VI, Rule 13). (g) When misrepresentation fraud, undue influence, etc., are pleaded, necessary particulars must always be given (Order VI, Rule 4). (h) When a suit is prima facie time-barred, the ground on which exemption is claimed must be stated (Order VII, Rule 6). If the plaint is prolix (lengthy) or omits to give the necessary particulars or to specify the relief claimed precisely or is defective in any other respect, it should be returned to the party or his counsel for such amendment as may be necessary in the actual presence of the presiding officer after he has signed the endorsement. The Court has wide powers in this respect (see Order VI, Rules 16 and 17). Where amendment is directed, an order should be recorded by the Judge indicating the particulars about the necessary amendment and fixing a date for filing the amended plaint.

3. (a) Non-joinder and mis-joinder of parties and causes of actionAttention is drawn to the provisions of law contained in Orders I and II of the Civil Procedure Code relating to non-joinder of parties and mis-joinder of causes of action and parties and as to representative suits (i) Joinder of partiesOrder I, Rules 1 and 3 provide in what case several plaintiffs or defendants may be joined in one suit. (ii) Representative SuitsOrder I, Rule 8 provides that when there are numerous persons having the same interest in one suit, one or more of such persons may sue or defend on behalf of all with the permission of the Court. The abandonment, withdrawal, compromise or agreement or satisfaction of any suit either in part or in whole is prohibited until all the persons interested in the suit have been given a notice at the expenses of the plaintiff.
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The Court can substitute any person having interest in the suit if the person suing in representatives capacity is found acting mala fide and does not proceed with due deligence in the suit or defence as the case may be. The decree passed in such a suit shall be binding on all such persons for whose benefit it was instituted or defended. It is not necessary to establish that the persons suing or being sued or defended have the same cause of action in the suit. (iii) Objections as to non-joinder or mis-joinderOrder I, Rule 9 lays down that no suit shall be defeated by reason of mis-joinder of parties and Order I, Rule 13 and Order II, Rule 7 lay down that objections as to non-joinder or mis-joinder of parties or causes of action, etc., should be made at the earliest stage of the case. (iv) Joinder of cause of actionOrder II, Rules 3-5 provide in what cases several causes of action may be joinder in one suit. When an objection duly taken with regard to mis-joinder of causes of action is allowed by the Court the plaintiff should be permitted to select the cause of action with which he will proceed and the Court should grant him time to amend the plaint by striking out the remaining causes of action. The Court should also give the plaintiff time within which to submit amended plaints for the remaining causes of action and for making up the Courtfee that may be necessary. (Order II, Rule 8, Civil Procedure Code.) (v) Separate trialOrder I, Rules 2 and 3A and Order II, Rule 6 provide for power of the Court to order separate trials of the joinder of several plaintiffs or defendants or several causes of action in one suit will embarrass or delay the trial or is otherwise inconvenient. (vi) Striking out and adding partingOrder I, Rule 10 gives power to the Court to strike out unnecessary parties and add necessary parties. (vii) Power of Court to take opinion on any question of lawRule 8A of Order I, empowers the Court to permit any persons or body of persons to take part in proceedings on any question of law which is directly and substantially in issue in the suit and to allow him to present his opinion.

(b) Necessary partiesSuits for inheritance, partition or declaration of right in order to effect a partition, contribution, redemption, foreclosure, administration of property, dissolution and winding up of a partnership, and the like, cannot be properly disposed of unless all persons interested in the matter are before the Court. Therefore, in cases of this description, if it appears that any necessary parties have not been joined the plaintiff should be ordered to join them. 4. Singing and verificationThe plaint must be signed by the plaintiff, or, if by reason of absence or other good cause the plaintiff is unable to sign it, by his duly authorised agent. It must also be signed by the plaintiffs pleader (if any) and be verified by the plaintiff, or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case. The personal attendance of the plaintiff in Court of the purpose of verification is unnecessary. The verification must, however, be signed by the person making it. 5. JurisdictionThe jurisdiction of a Court depends upon the nature and value of the suit. If a suit is not within the jurisdiction of the Court, the plaint must be returned in the presence of the Presiding Officer for presentation to proper Court. In such cases the Presiding Officer must record on the plaint his reasons for returning it along with the other particulars mentioned in subrule (2) of Rule 10 of Order VII. 6. Rejection of plaintIf the plaint discloses no cause of action, or is barred by any law on the statements made therein, or if the relief claimed is under-valued or the plaint is not sufficiently stamped and the plaintiff fails to correct the valuation or pay the deficiency in the Court-fee within the time fixed by the Court the plaint should be rejected under Order VII, Rule 11 reasons being recorded by the Presiding Officer in support of the order. It should be noted that the correct order in such cases is to reject the plaint and not dismiss the suit. The rejection of a plaint does not preclude the institution of a fresh suit on the same cause of action, provided of course, it is not otherwise barred (e.g. by limitation etc.) by that time. 7. Comparison of copies of accountCopies of any shop book or account produced should be compared with the original by Chief Ministerial, Officer of the Court and the shop book or account should than be returned after making the entries relied upon (Order VII, Rule 17). When a shop book or other account written in a language other than English or the language of the Court is produced with a translation or transliteration of the relevant entry, the party producing it shall not be required to present a separate affidavit as to the correctness of the translation or transliteration but shall add a certificate on the document itself that it is a full and true translation or transliteration or the original entry and no examination or comparison by the ministerial officer shall be required except by a special order of the Court. 8. Address of the partiesThe proceeding containing address for service is intended to facilitate the service of processes throughout, the litigation (including appeals, etc.), and it is, therefore, important to see that it is duly filed at the outset according to this rule. Failure to comply with the rule is liable to be punished with dismissal of the suit but such an order may properly be passed in extreme case when the failure is intentional and contumacious.

By virtue of addition of Rule 14A in Order 6 of C.P.C., plaintiff and defendant both are required to file address in Court which is known as registered address of the party for service of all processes issued by the Court. In case of change in the address, the parties are required to intimate the Court about the same. If any party gives incomplete, false or fictitious address, the Court can suo motu or on the application of any of the parties to the suit, stay the suit in respect of the plaintiff and strike out the defence of defendant. If the Court is satisfied that the party was prevented by any sufficient cause from filing the true address at the proper time, it can set aside the order of stay or striking of defence on any terms including imposition of costs and it shall appoint a day for proceeding with the suit or defence as the case may be.
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9. Land SuitsIf the plaint relates to agricultural land and the plaintiff is illiterate, if should be scrutinised with special care according to the following directions: (i) The Presiding Officer shall ascertain by careful examination of the plaintiff or his agent, whether the prayer in the plaint corresponds in all particulars with the exact relief which the plaintiff orally describes himself as seeking. If the oral statements of the plaintiff or his agent are at variance with the written description of his claim, the plaint shall, in his or his agents presence, be returned for amendment, and no amended plaint should be accepted until the Court is satisfied that it correctly expresses the claim which the plaintiff desires to establish. (ii) Every such plaint shall be accompanied by a statement, in the prescribed form setting forth the particulars relating thereto recorded in the Settlement record and in the last Jamabandi. This statement shall be verified by a signature of the Patwari of the Circle in which the land concerned is situate. Where by reason of partition, river action or other cause, the entries in the Settlement record and in the last Jamabandi do not accord, a brief explanation of the reason should be given in the column of remarks. Where the suit is for a specific plot with definite boundaries, it shall also be accompanied by a map, drawn to scale, showing clearly the specific plot claimed, or in relation to which the decrees is to be made, and so much of the fields adjoining it, also drawn to scale, as may be sufficient to facilitate identification. The specific plot and adjoining fields shall be numbered in accordance with the statement and the map shall be certified as corrected by the Patwari or other person who prepared it. Where, however, the suit is for the whole of one or more khasra numbers as shown in the Settlement map, or a share in such numbers, and not for a specific portion thereof no map will be required unless it is necessary for other reasons to show the boundaries of such khasra numbers.
COMMENTS Where the land was sufficiently described in the suit as Khasra No. 191. Which was exchanged. It was held that it was only after the consolidation of holdings proceedings that in lieu of this land some other land was allotted, particulars of which were given in the execution application. The executing Court, while determining the actual land in lieu of the land which was the subject matter of the decree, does not go behind the decree because, in Law, the decree holder is entitled to the possession of the land mentioned in exchange deed and if during the consolidation proceedings, certain other Khasra number is given in lieu of this land, the decree holder would be entitled to get possession of the same. Ghisa Ram v. Sukhi Ram, 1977 (79) Pun. LR. 745.

10. If the plaintiff seeks the recovery of money, the plaint, should state the precise amount, as far as the case admits. In a suit for mesne profits or unsettled accounts it is sufficient to state the amount approximately (or for movables in the possession of the defendant, or for debts of which the value he cannot deligently estimate) it is sufficient to state the amount approximately.
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11. Suits by or against firmsSuits by or against firms should be in the form prescribed in Order 30 by the CPC Amendment Act, 104 of 1976, it has been provided that Hindu Undivided Family carrying on business under any name may be sued in such name and style as if it were a firm name. Therefore the provisions contained in Order 30 are also applicable to Hindu Undivided Family.
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12. Copies or concise statements of plaintsWhen the plaint is admitted (after such amendment as may be found necessary), the plaintiff should be required to give (within such time as may be fixed by the Court or extended by) it as many copies of the plaint on plain paper as there are defendants is large, the Court may permit concise statement of the plaint to be supplied instead. Besides giving the number of copies or concise statements, the plaintiff is also required to pay the requisite fee for the service of summons on the defendant within the time fixed by the Court or extended by it. The plaintiff or the defendant is also required to state as to in what capacity he sues or is sued. Such copies or concise statements must be examined by the chief ministerial officer and signed, if found correct (Order VII, Rule 9).
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13. Parcha YadashtWhen a plaint or petition is admitted and a date fixed for summoning of the other party or for any other purpose a memorandum (parcha yadasht) on strong paper in the form given below duly filled in shall be given to the plaintiff or the petitioner or his agent if he is illiterate and not represented by counsel.
Form of Parcha Yadasht

In the Court of.at.......... Court.............. Hours from..A.M. toP.M............. (Suit..) Civil..(Appeal.) Noof 19.........
(Miscellaneous Application)

Parties

Date of receipt

Date fixed for hearing 3

Place at which attendance is required 4

Purpose for which date is fixed 5

Remarks

1 A

2 By (Officer of Court)

From Name and description of Party presenting

Instructions

1. In the case of parties who are illiterate and unaccompanied by counsel a parcha is to be given without demand (1) to the person who presents the plaint, appeal or petition; and (2) when a case is not disposed of at the first hearing, to the defendant, or, if there be several, to such defendants or respondents as the Court may direct. 2. Every entry in any column after the first entry is to be signed by the officer making it. 14. Parcha YadashtA similar parcha shall be given to the opposite party when he appears if he is illiterate and not represented by counsel. 15. Filling in of the parchaParcha shall be filled in and signed by the Reader of the Court and given to the parties concerned in the presence of the Presiding Officer as soon as the date of hearing is fixed. In Small Cause Courts and in the Courts of the District Judges this parcha may be filled in by any other official if the Presiding Officer so directs. 16. Filling in of the parchaThe above parcha shall be used throughout the proceedings and properly filled in whenever the case is adjourned. If the parcha is lost a duplicate should be given.
Part D]

Part D SERVICE OF PROFESSES Issue of summons to the defendant

1. Summons for final disposal or settlement of issuesIn Order V, Rule 5, of the Code of Civil Procedure, it is laid down that the Court shall determine at the time of issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal of the suit, and the summons shall contain a direction accordingly; and a proviso to the rule adds that in every suit heard by a Court of Small Causes the summons must be for the final disposal of the suit. 2. When summonses for final disposal may be issuedIn determining whether the summons shall be for the settlement of issues only, or for the final disposal of the case, the Court must be

guided by the nature of the suit, and the probability or otherwise of the facts stated in the plaint being disputed by the defendant on grounds which will require the production of much evidence or will involve much contention. Where the case appears simple, and it seems probable that a correct judgment can be formed at the first hearing from the examination of the parties or their agents; and such evidence, oral or documentary, as they can bring with them, the summons should be for the final disposal of the case. 3. Adjournment of case in case of summonses for final disposalIt will however, be remembered that when the summons is for final disposal, the Court is not bound to dispose of the case on the date fixed for hearing, but can adjourn the case to another date, to enable the parties to produce evidence when this seems necessary in the interests of justice, and especially when there is reason to believe, that one party has been taken by surprise by the pleadings of, or statements made on examination by the other. 4. Suitors should be made to know what summons for final disposal meansCare should be taken to make suitors understand, in cases in which the summons is for final disposal, that all their evidence must be produced on the day fixed for disposal. 5. Distinctive colour of summons for final disposalThe form of summons for the final disposal of a suit should be printed in the vernacular on coloured paper, as this will tend to impress the distinction between this form and that for settlement of issue both upon the minds of the people, and upon the officers of the Courts. Presiding Officers should take care in such cases that the plaintiff understands that, if he wishes for the assistance of the Court for the purpose of causing the production of his evidence, he must make timely application. 6. Summons to be signed and sealed. Copy of plaint to accompany itSummons should be clearly and legibly written and signed and, the seal of the Court must be affixed. Order V, Rule 1(3) of the Code requires that the summons shall be signed by the Judge or such officer as he appoints. In Courts, provided with a Superintendent or Clerk Court he may be authorised to sign summonses; in all other Court the Reader may be authorised to sign them. The signature should in all cases be fully and legibly written. A copy or concise statement of the plaint should be attached to each summons. 7. ReferencesAs regards the general procedure to be followed in effecting service of processes personal attention to service and proof of service, special procedure in the case of Government servants and persons in Military employ, etc., the time to be allowed for service of processes in foreign countries. Chapter 7, Volume IV, Processes of Civil Courts may be referred to. For service of Processes of Appellate Courts.
Part E]

Part E WRITTEN STATEMENTS, SET OFF AND COUNTERCLAIM

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1. When written statements are requiredIt is laid down in Order VIII, Rule 1, of the Code of Civil Procedure, that (a defendant shall at or before the first hearing or within such time as the Court may permit, present a written statement of his defence in duplicate, one for the Court and
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the other for the plaintiff). In most cases, there should be no difficulty in presenting such a written statement on the date fixed, and no adjournment should be given for the purpose except for good cause shown, and in proper cases, costs should be awarded to the opposite side. Laxity in granting adjournments for the purpose of filing written statements should be avoided, and it should be noted that in extreme case contumacious refusal to comply with the Courts order is liable to be dealt with under Order 8 Rule 10, Civil Procedure Code. 2. Documents to accompany written statementsThe combined effect of Rules 11 (6A to 6G) 1, and 12 of Order VIII is that the defendant should produce with the written statement: (i) all documents in his possession or power on which he bases his defence or claim to set off or (makes counter claim) if any; (ii) a list of other documents not in his possession or power but on which he relies in support of his case; (iii) a statement indicating his address for service; (iv) a duplicate of the written statement to be supplied to the plaintiff; and (v) a statement of documents not in his possession or power as in whose possession or power it is and where it can be found.
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Sub-rule (2) of Rule 1 of Order VIII requires that if the list referred to in (ii) above is not annexed with the written statement or presented at the first hearing, it shall be presented written a period of ten days from the date of the first hearing. 3. ReplicationsWhen the defendant has filed a written statement, the Court may call upon the plaintiff to file a written statement in reply. Under Order VIII, Rule 9, the Court has power to call upon both parties to file written statements at any time and this power should be freely sued for elucidating the pleas when necessary, especially in complicated cases. In simple cases, however, examination of the parties, after the defendant has filed his written statement is generally found to be sufficient. 4. Separate written statementsIn all cases where there are several defendants the Court should, as a rule, take a separate written statement from each defendant unless the defence of any defendants filing a joint written statement are identical in all respects. There may be different defences based upon a variety of circumstances and these should not be allowed to be mixed up together in a single statement merely because all the defendants deny the plaintiffs claim. 5. Court-fees on set-off and counter-claimsWritten statements called from the parties may be on plain paper, but when the defendant claims in his written statements any sum by way of set-off or counter claim under Order VIII, Rule 6, and 6A to 6G, Civil Procedure Code, the statement must be stamped in the same manner as a plaint in a suit for the recovery of that sum. 6. ContentsA written statement is included in the definition of pleading (vide Order VI, Rule 1) and should conform to the general rules of pleading given in order VI as well as the special rules with regard to the written statements in Order VIII. All admissions and denials of facts should be specific and precise and not evasive or ambiguous. When allegations of fraud, etc., are set up, the particulars should be fully given. When any legal provision is relied on not only the provisions of law relied upon should be mentioned, but also the facts making it applicable should be stated. For instance when a plea of res judicata is raised, not only the

provision of law (e.g., Section 11 of the Civil Procedure Code) should be mentioned, but also the particulars of the previous suit which is alleged to bar the suit.
Part F SETTLEMENT OF ISSUES
Part F]

1. Stress on framing correct issuesThe trial of a suit falls into two broad divisionsthe first leading up to and including the framing of issues and the second, consisting of the hearing of the evidence produced by the parties on those issues and the decision thereof. Issues are material propositions of facts and laws which are in controversy between the parties and the correct decision of a suit naturally depends on the correct determination of these propositions. The utmost care and attention, is therefore needed in ascertaining the real matters in dispute between the parties and fixing the issues in precise terms. In most cases the main difficulty of the trial is overcome when the correct issues are framed. A few hours spent by the Court at the outset in studying and elucidating the pleading, may mean a saving of several days, if not weeks, in the later stages of the trial. 2. Framing of issues by counselIn some Courts, the framing of issues is left to the pleaders for the parties concerned. This practice is illegal and must cease. The Code contemplates that the Presiding Officer of the Court should himself examine the pleadings, get the points in dispute elucidated and frame issues thereon. 3. Elucidation of pleadings for framing issueThe main found-ation for the issues is supplied by the pleadings of the parties, viz., the plaint and the written statements. But owing to the ignorance of the parties or other reasons, it is frequently found that the facts are stated neither correctly nor clearly in the pleadings. The Code gives ample powers to the Court to elucidate the pleadings by different methods prescribed in Order X, XI and XII of the Code and in most cases it is essential to do so, before framing the issues. 4. Elucidation of pleadings for framing issuesOn the date fixed for the settlement of issues, the Court should therefore, carefully examine the pleadings of the parties and see whether, allegations of fact made by each party are either admitted or denied by the opposite party, as they ought to be. If any allegations of fact are not so admitted or denied in the pleadings of any party, either expressly or by clear implication, the Court should proceed to question the party or his pleader and record categorically his admission or denial of those allegations (Order X, Rule 1). 5. Examination of partiesOrder X, Rule 2, of the Code, empowers the Court at the first or any subsequent hearing to examine any party appearing in person or present in Court or any person, accompanying him, who is able to answer all material questions relating to the suit. This is most valuable provision, and if properly used, results frequently in saving a lot of time. To use it properly, the Court should begin by studying the pleas and recording the admissions and denials of the parties under Order X, Rule 1, as stated above. The Court will then be in a position to ascertain what facts need further elucidation by examination of the parties. The parties should then be examined alternatively on all such points and the process of examination continued until all the matters in conflict and especially matters of fact are clearly brought to a focus. When

there are more defendants than one, they should be examined separately so as to avoid any confusion between their respective defences. 6. Examination of oathFrom Order XIV, Rule 3, of the Code, it will appear that every allegation of fact made by any person other than a pleader should be on oath or solemn affirmation. Unlike a pleader, a mukhtar is not empowered to state the pleas of a party in a suit. 7. Personal attendance of partiesWhen a pleader for a party or his agent is unable to state the facts to the satisfaction of the Court, the Court has the power to require the personal attendance of the party concerned (Order X, Rule 4, Civil Procedure Code). It may also be noted here that the Court can require the personal attendance of the defendant on the date fixed for the framing of issues by an order to that effect in the summons issued to him. (Order V, Rule 3). 8. Examination should be detailedIn examining the parties of their pleaders, the Court should insist on a detailed and accurate statement of facts. A brief or vauge oral plea, e.g., that the suit is barred by limitation or by the rule of res judicata, should not be received without a full statement of the material facts and the provision of law on which the plea is based. Similarly when fraud, collusion, custom, mis-joinder, estoppel, etc., is pleaded, the facts on which the pleas are based should be fully elucidated. Any inclination on a party or his pleader to evade straightforward answers to make objections or pleas, which appear to the Court to be frivious, can be promptly met, when necessary, by an order for a further written statement on payment of costs. The party concerned should also be warmed that he will be liable to pay the costs of the opposite party, on that part of the case at any rate, if he failed to substantiate his allegations. 9. Personal examination of the partiesExamination of the parties in person is particularly useful in the case of illiterate litigants. Much hardship to the people will be prevented, if the Presiding Officers examine the parties personally and sift the cases thoroughly at the outset. 10. Amendment of pleadingsThe examination of the parties frequently discloses that the pleadings in the plaint or written statement are not correctly stated. In such cases, these should be ordered to be amended and the amendment initialled by the party concerned. If any mis-joinder or multifariousness is discovered the Court should take action to have the defect removed. 11. Forms prescribed for examination of partiesIn order to ensure due compliance with these instructions as regards the examination of parties, the High Court has prescribed forms on which such examination should be recorded. Appellate Courts should see that the forms prescribed are used and should not fail to take notice of subordinate Courts which neglect to follow the directions here given. 12. (i) Discovery and inspection etc.The provisions of Orders XI and XII of the Code with regard to discovery and inspection and admissions are very important for ascertaining precisely the cases of the parties and narrowing down the filed of controversy. A proper use of these provisions should save expense and time of the parties and shorten the duration of the trial. The parties should be warned that if they fail to avail themselves of these provisions they will not be allowed cost of proving facts and documents, notice of which could have been given. When hearing evidence the Court should made a note whether the parties have made use of these

provision, and if they have not done so, should ordinarily disallow costs incurred in proving such facts and little de-documents in passing final orders. As these provisions are little understood and are not used as much as they should be, it has been considered necessary to mention them briefly here. (ii) Court can move suo motuSection 30 of the Code authorises the Court when it appears reasonable, to other, suo motu, the delivery and answering of interrogatories, the admission of documents and facts and the discovery, inspection, production, etc., of documents or other articles producible as evidence. The power should be freely exercised in long and intricate case or where the number of documents relied upon by the parties is large and it may appear that a long time would be taken up in formally proving the facts and the documents. (iii) InterrogatoriesRules 1 and 2 of Order XI deal with discovery interrogatories. Leave to deliver interrogatories should be given to such only of the interrogatories as the Court may consider necessary for disposing fairly of the suit or for saving costs. The party to whom interrogatories are delivered shall made answer by affidavit with the time prescribed in Order XI, Rule 8 and may therein raise objections as provided in Order XI, Rule 6. Interrogatories may also be set aside or struck off by the Court, if these are unreasonable or vexatious or are prolix, oppressive or scandalous (Order XI, Rule 7). The answer to the interrogatories may be objected to only on grounds of insufficiency (Order XI, Rule 10). When a party omits to answer or answers sufficiently, the Court may on the application of the other party, require the former to answer or answer further by affidavit, or by viva examination. (Order XI, Rule 11). (iv) Discovery of documentsA party may also move the Court for discovery of documents which are or have been in possession or power of any other party to the suit, and which relate to any matter in question in the suit. The other party shall made answer on affidavit in Form 5, Appendix C to the Code and must made a full and complete disclosure along the lines indicated in this Form (Order XI, Rules 12 and 13). The production of documents can be resisted on three grounds; viz. (i) that these are evidence exclusively of the partys own case or title, (ii) that these are privileged; and (iii) when the party called upon to produce being a public officer considers, that a disclosure would be injurious to public interest. The affidavit shall be treated as conclusive to the existence, possession and the grounds of objection to the production of the document, unless the Court is reasonably certain that the objection is misconceived and the document is of such a nature that the party cannot properly make the assertions contained in the affidavit. The Court can also examine the documents to decide the claim about privilege. The Court can order the production of the documents at any stage of the trial and a party can serve notice on the other party for the inspection of any of the documents mentioned in the pleadings or the affidavit of the other party (Order XI, Rules 14 and 15). The failure to comply with such order or notice does not justify the striking out of the defence, though the party at fault shall not afterwards be at liberty to put such document in evidence, except with the leave of the Court and on such terms as to costs as the Court thinks fit. Section 163 and 164 of the Indian Evidence Act may also be read in this connection. The party on whom notice to produce or allow inspection is served, shall within ten days serve a counter notice, starting a time within three days after the delivery thereof offering inspection by the other party at his pleaders office, of such documents as he offers to produce (for forms of notices see No. 7 and 8, Appendix C). Where no such counter notice is given, the Court may on the application of the party and if of the opinion that it is necessary for

disposining fairly of the suit or for saving costs make an order for inspection at a time and place fixed by the Court. (v) Business BooksIn the case of business books the Court may in the first instance, instead of ordering inspection of original books, order that copies of relevant entries verified to be correct by the affidavit of a person who has seen these books, may be furnished. Such affidavit shall state whether in the original books there are any and what erasures, interlineations and alterations, etc. The Court can still order inspection of the original books, and can look up the document to decide a claim regarding privilege. (vi) Penalty for disobedience of orderUnder Rule 21 of Order XI, when a party disobeys valid orders of the Court to answer interrogatories or for discovery and inspection of documents he can, on the application of the other party, if a plaintiff have his suit dismissed for want of prosecution, and if a defendant have his defence, if any, struck out by the Court. The Courts should pass orders against a party only as a last resort and when the default is wilful (But before making an order on application for non-compliance with order for discovery the Court must (a) serve the notice to the party; and (b) provide an opportunity of being heard. After the order dismissing the suit under sub-rule (1) of Rule 21 of Order XI, is made the party is precluded from bringing a fresh suit on the same cause of action). This rule has been interpreted to be applicable only where an order passed under Rule 21 had remained uncomplied with and not where orders under Rules 1, 12 and 18 of Order XI were disobeyed.
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13. Notice to admit documents or facts(i) Order XII of the Code makes provisions for admission of facts and documents. Any party can serve on the other party a notice to admit facts of any document within fifteen days from the date of service of notice. Rule 2A newly inserted provides that documents are to be deemed to be admitted if not denied specifically or by necessary implication within a period of fifteen days from the date of service of notice unless the Court require any document so admitted to be provided otherwise than by such admissions. The person failing unreasonably to admit such document may be burdened with penal costs. Rule 3A now enables the Court to call upon any party to admit any document at any stage of the proceeding whether or not notice to admit the documents has been given. The failure or neglect of that other party to admit documents or facts entails only this penalty that the cost of proving the fact or the document has to be borne by that other party, whether be the final result of the suit. A notice to admit facts should be served at least nine days before the day fixed for hearing; the other party may then admit the fact within six days of service of notices otherwise he incurs liability for the costs of proving the fact. (ii) Part Judgment on AdmissionsWhere a part of the case is admitted in the pleading whether orally or in writing, the Court may at any stage of the suit suo motu or on the application of the party may pass judgment or order in respect of the part admitted, and a decree is to be drawn accordingly. 14. Form of issueWhen the pleadings have thus been exhausted and the Court has before it the plaint, pleas, written statements, admissions and denials recorded under Order X, Rule 1, examination of parties recorded under Order X, Rule 2, and admissions of facts or documents made under Order XII of the Code, it will be in a position to frame correctly the issues upon the

points actually in dispute between the parties. Each issue should state in an interrogative form one point in dispute. Every issue should form a single question, and as far as possible issue should not be put in alternative form. In other words, each issue should contain a definite proposition of fact or law which one party avers and the other denies. An issue in the form, so often seen, of a group of confused question is no issue at all, and is productive of nothing but confusion at the trial. A double or alternative issue generally indicates that the Court does not see clearly on which side or in what manner the true issue arises; and on whom the burden of proof should lie and an issue in general terms such as Is the plaintiff entitled to a decree is meaningless. If there are more defendants than one who make separate answers to the claim, the Court should not against each issue the defendant or defendants between whom and the plaintiff the issue arises. 15. Burden of proofThe burden of proof as to each issue should be carefully determined and the name of the party on whom the burden lies, stated opposite to the issue.
Part G]

Part G DOCUMENTARY EVIDENCE

1. Production of documents and list along with plaint and written statement on final hearingThe main provisions of the Code with regard to the production of documents by the parties are as follows (a) According to Order VII, Rule 14, when the plaintiff sues upon a document in his possession or power, he shall produce it in Court when the plaint is presented and deliver the document itself or a copy thereof to be filled with the plaint. If he relies on any other documents, whether in his possession or power or not as evidence in support of his case he shall enter such documents in a list to be annexed to the plaint. If the documents are not so produced or entered in the list, they cannot be proved at a later stage without the leave of the Court, unless they fall within the exception given in sub-rule (2) of Order VII, Rule 18. (b) Order VIII, Rule 1 which is drastically amended by CPC Amendment Act, 1976 and came into effect with effect from 1st February, 1977 makes it obligatory on the part of the defendant to file the written statements of his defence at or before the first hearing or within such time as the Court may permit. Where the defendant relied on any document whether or not in the possession or power in support of his defence or claim for set off or counter claim, he shall enter such documents in a list and attach the same along with the written statement. If a written statement is not presented, present the list to the Court at the first hearing of the suit. It is also obligatory on the part of the defendant to produce the document or a copy of the document which is in his possession or power along with the written statement on which he claims set-off or makes the counter-claim. If such documents on which he makes counter-claim or claims set-off is not in his possession or power, state particulars and the address in whose possession or power, they are. If no such list is so annexed or presented, the defendant shall be allowed such further period for the purpose as the Court may deem fit, if he shows same good cause to the satisfaction of the Court for the non-entry of the document in the list or the written statement, and the Court while allowing such further period shall record its reasons for so doing. If the document which is ought
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to be entered in the list, is not so entered, shall not without the leave of the Court, be received in evidence on behalf of the defendant at the hearing of the suit. (c) Order XIII, Rule 1, lays down that the parties shall produce at or before the settlement of issues all the documentary evidence of every description in their possession or power, on which they intend to rely, and which has not been already filed, in Court and all documents which the Court has ordered to be produced. If the documents are not so produced at or before the settlement of issues they cannot be produced at a later stage unless good cause is shown to the satisfaction of the Court, also the Court shall record its reasons for allowing the production of the cross-examination of the witnesses of the other party and (b) merely to refresh the memory, need not be produced alongwith the statement. 2. (i) List of documents and their comparison with the listWhenever any documents are produced by the parties in the course of a suit, whether with the plaint or, written statement, or a later stage, they must always be accompanied by a list in the form given below. Documents produced must be forthwith compared with the list, and if found correct, signed by the chief ministerial officer of the Court. In column 4, the Court should note the manner in which the document was dealt with, i.e., whether it was admitted in evidence or rejected and returned to the party concerned or impounded, as the case may be.
List of documents by Plaintiff/Defendant under Order XIII, Rule 1, Civil Procedure Code

In the Court of.atDistrict........... Suit No..of..19 .Plaintiff Versus .Defendant

List of documents produced with the plaint (or at first hearing) on behalf of plaintiff or defendant

This list was filed by this day of. . . . . . 19. . . . . . . .

What became of the document Seria l No. Description and date, if any, of the document What the document is intended to prove If brought on the record, the Exhibit mark put on the document If rejected, date of return to the party and signature of party or pleader to whom the document was returned

Remarks

4(a)

4(b)

Signature of party or pleader producing the list

NoteJudicial officers should instruct all petition-writers practising in their Courts to prepare lists in the above form for all documents intended to be produced in Court. [2(i)(a) The party filing any document whether in original or copy thereof shall supply a copy of the same to the other party.
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(b) Whenever any document is ordered to be placed in a sealed cover, photocopy thereof shall be kept on record.] (ii) Preservation of documentsCare should be taken to protect old and delicate documents from damage likely to be caused by frequent handling in Courts. The common method of pasting the document on a piece of strong paper will be found useful in most cases but where there is writing on both the sides, the document may be preserved between two sheets of cellophane glued together at the edges so that the document can be easily examined without being taken out of its protective covering. In case the parties agree a photographic copy may also be placed on the file and the document kept in a sealed cover. The party producing the document may be asked to supply the material necessary for its proper preservation. 3. Calling upon parties to produce documentsThe Court should formally call upon the parties at the first hearing at the time of framing issues to produce their documents and should make a note that it has done so. Forms have been prescribed by the High Court for the examination of the parties with reference to their documents and these should be invariably used. If the printed forms are not at any time available, the questions prescribed therein should be asked and the questions as well as the answers noted. If these instructions are strictly carried out, there will be no justification for the plea frequently put forward by ignorant litigants, with regard to the late production of a document that they had brought the document at the first hearing but were not called upon to produce it. 4. Late production of documentsThe above provisions as regards the production of the documents at the initial stage of a suit are intended to minimize the chances of fabrication of documentary evidence during the course of the suit as well as to give the earliest possible notice to each party of the documentary evidence relied upon by the opposite party. These provisions should, therefore, be strictly observed, and if any document is tendered at a later stage, the Court should consider carefully the nature of the document sought to be produced (e.g., whether there is any suspicion about its genuineness or not) and the reasons given for its non-production at the

proper stage, before admitting it. The fact of a document being in possession of a servant or agent of a party on whose behalf it is tendered is not itself a sufficient reason for allowing the document to be produced after the time prescribed by Order XIII, Rule 1. The Court must always record its reasons for admission of the document in such cases, if it decides to admit it (Order XIII, Rule 2). 5. Forged or Defective documentsShould any document which has been partially erased or interlined or which otherwise presents a suspicious appearance, be presented at any time in the course of proceedings, a note should be made of the fact, and, should a well-founded suspicion of fraudulent alteration or forgery subsequently arise, the document should be impounded under Order XIII, Rule 8, and action taken under Section 340 of the Code of Criminal Procedure. Similarly, should any document be presented which appears to have been executed on unstamped or insufficiently stamped paper, action should be taken under Sections 33 and 35 of the Indian Stamp Act, 1899. Where a document produced is written in pencil the Court should ask for a true copy thereof written in ink. 6. Production and admission of documents distinguishedCourts should be careful to distinguish between mere production of documents and their admission in evidence after being either admitted by the opposite party or Proved accordingly to law. When documents are produced by the parties, they are only temporarily placed on the record subject to their being admitted in evidence in due course. Only documents which are duly admitted in evidence form a part of the record, while the rest must be, returned to the parties producing them (Order XIII, Rule 7). 7. Documents must be tendered in evidenceEvery document which a party intends to use as evidence against his opponent must be formally tendered by him in evidence in the course of proving his case. If a document has been placed on the record, it can be referred to for the purpose. If it is not on the record, it must be called from the produced by the person in whose custody it is. 8. Procedure when documents admitted by the opposite partyIf the opponent does not object to the document being admitted in evidence, an endorsement to that effect must be made by the Judge with his own hand; and if the document is not such as is forbidden by the Legislature to be used as evidence, the Judge will admit it, cause it or so much of it as the parties may desire to be read. 9. Procedure when document is not admitted by the opposite partyIf, on the document being tendered, the opposite party object to its being admitted in evidence two questions commonly arise, first whether the document is authentic, or in other words, is that which the party tendering it represents it to be; and second, whether, supposing it to be authentic it is legally admissible in evidence as against the party who is sought to be affected by it. The latter question in general, is a matter of argument only; but the first must, as a rule, be supported by such testimony as the party can adduce.

10. Legal objections as to admissibilityAll legal objections as to the admissibility of a document should, as far as possible, be promptly disposed of, and the Court should carefully note the objection raised and the decision thereon. The Court is also bound to consider, suo motu, whether any document sought to be proved is relevant and whether there is any legal objection to its admissibility. There are certain classes of documents which are wholly inadmissible in evidence for certain purpose owing to defects such as want of registration, etc. There are others in which the defect can be cured, e.g., by payment of penalty in the case of certain unstamped or insufficiently stamped documents.
COMMENTS The question of admissibility of the document has to be decided at the stage when the document is formally tendered in evidence and proved. Deferring a decision on the question of admissibility of the document and making it part of the evidence by marking exhibit mark on it may lead to complication and in many cases result in grave injustice to the party, who tenders the document. If the question of admissibility of the document is deferred to be decided at the time of hearing of final arguments in many cases a party may be deprived of an opportunity to cure a curable defect or supply the deficiency. It is for this very reason that the High Court rules and order discussed above lay emphasis on prompt disposal of the objection raised to the admissibility of the document and mode of proof. It may work great injustice in some cases if left undecided till the arguments are heard for disposal of the suit. The objection to the admissibility and the proof of the document should ordinarily be not kept pending and this should be decided promptly as and when they are raised, particularly if raised during the recording of the evidence of a witness who is called to prove it. But the objection certainly be disposed of before the date is fixed for hearing of final arguments. The view taken by this Court finds support from the judgment of a Division Bench of this Court reported as Sunder Bala and Another vs. Sandeep Foam Industries Pvt. Ltd., 85(2000) DLT 478: Smt. Shail Kumari v. Smt. Saraswati Devi, 2002 (96) DLT 131 : 2002 RLR 249. In Javer Chand and Others v. Pukhraj Surana, AIR 1961 SC 1655. The Apex Court was dealing with a question raised as to the admissibility of document on the ground that it has not been stamped or has not been properly stamped and the impact of Section 36 of Stamp Act. It was observed:

.....Where a question as to the admissibility of a document is raised on the ground that it has not been stamped, or has not been
properly stamped it has to be decided then and there when the document is tendered in evidence. Once the Court rightly or wrongly, decides to admit the document in evidence, so far as the parties are concerned the matter is closed. Section 35 is in the nature of a penal provision and has far-reaching effects. Parties to a litigation, where such a controversy is raised, have to be circumspect and the party challenging the admissibility of the document has to be alert to see that the document is not admitted in evidence by the Court. The Court has to judicially determine the matter as soon as the document is tendered in evidence and before it is marked as an exhibit in the case........... It is not, therefore, one of those cases where a document has been inadvertently admitted, without the Court applying its mind to the question of its admissibility . Once a document has been marked as an exhibit in the case and the trial has proceeded all along on the footing that the document was an exhibit in the case and has been used by the parties in examination and cross-examination of their witnesses, Section 36 of the Stamp Act comes into operation. Once a document has been admitted in evidence, as aforesaid, it is not open either to the Trial Court itself or to a Court of Appeal or Revision to go behind that order. Such an order is not one of those judicial orders which are liable to be reviewed or revised by the same Court or a Court of superior jurisdiction. Smt. Shail Kumari v. Smt. Saraswati Devi, 2002 (96) DLT 131 : 2002 RLR 249. There are two stages relating to documents. One is the stage when all documents on which the parties rely are filed by them in Court. The next stage is when the documents are proved and finally tendered in evidence. It is at this later stage that the Court has to decide whether they should be admitted or rejected. If they are admitted and proved then the seal of the Court is put on them giving certain details laid down by law, otherwise the documents are returned to the party who produced them with an endorsement thereon to that effect. (Baldeo Sahai v. Ram Chander & Others, AIR 1931 Lahore 546 relied on). Smt. Shail Kumari v. Smt. Saraswati Devi 2002 (96) DLT 131 : 2002 RLR 249.

11. Mode of ProofAs regards the mode of proof the provisions of the Indian Evidence Act should be carefully borne in mind. The general rule is that document should be proved by primary evidence, i.e., the document itself should be produced in original and proved. If secondary evidence is permitted, the Court should see that the conditions under which such evidence can be let in, exist.

If an old document is sought to be proved under Section 90, the Court should satisfy itself by every reasonable means that it comes from proper custody. Under the Bankers Books Evidence Act, 1891, certified copies can be produced, instead of the original entries, in the books of Banks in certain circumstances. In view of Section 2(8) of this Act the following certificate should appear at the foot of such copies: Certified that the above is a true copy of an entry contained in one of the ordinary books of the bank and that it was made in the usual and ordinary course of business and that such book is still in the custody of the bank. Dated................ .................... Signature Principal Accountant/Manager, ..................... Bank, ................... Station. A similar privilege is extended under Section 26 of the Co-operative Societies Act, 1912, to entries in books of Societies registered under that Act and the entries in the accounts prescribed under clause (a) of Section 3( 1) of the Punjab Regulation of Accounts Act, 1930. 12. Proof of signature or attestationThere are certain points which the Courts should bear in mind, when the signature or attestation of a document is sought to be proved. Before a witness is allowed to identify a document, he should ordinarily be made, by proper questioning, to state the grounds of his knowledge with regard to it. For instance, if he is about to speak to the act of signature, he should first be made to explain concisely the occurrences which led to his being present when the document was signed, and if he is about to recognise a signature on the strength of his knowledge of the supposed signers handwriting he should first be made to state the mode in which this knowledge was acquired. This should be done by the party who seeks to prove the document. It is the duty of the Court, in the event of a witness professing ability to recognise or identify handwriting, always to take care that his capacity to do so is thus tested, unless the opposite party admit it. 13. PlansIn all cases in which a plan of the property is produced by either of the parties or is required from it by the Court and is not admitted by the opposite party, it must be properly proved by (a) examination of the person who prepared it and by requiring him to certify it as correct and to sign it, or (b) by affidavits or examination of the parties and witnesses.

It is further open to the Court to issue a commission at the cost of the parties or either of them to any competent person to prepare a correct plan and to examine the person so appointed in order to explain and prove it. 14. Endorsements on documents admitted in evidenceEvery document admitted in evidence must be endorsed and signed or initialled by the Judge in the manner required by Order XIII, Rule 4 and marked with an Exhibit number. Documents produced by the plaintiff may be conveniently marked as Ex. P. 1, Ex. P. 2, etc., while those produced by the defendant as Ex. D. 1, D. 2, D. 3, etc. To ensure strict compliance with the provisions or Order XIII, Rule 4 (. . . . .the importance of which has been emphasized by their Lordships of the Privy Council, on more than one occasion each Civil Court has been supplied with a rubber stamp in the following form : Suit No. ..of19 . TitlePlaintiffVersusDefendant Produced by On theday of19 Nature of document... Stamp duty paid Rs. is (is not) correct. Admitted as Exhibit No. On theday of19 Judge The entries in the above form should be filled in at the time when the document is admitted in evidence under the signature of the Judge. This precaution is necessary to prevent any substitution or tampering with the document. Details as to the nature of the document and the stamp duty paid upon it are required to be entered in order that Courts may not neglect the duties imposed on them by Section 33 of the Indian Stamp Act, 1899. District Judges should see that all Courts subordinate to them are supplied with these stamps. The above rule also applies to documents produced during the course of an enquiry made on remand by an appellate Court. The endorsement and stamp will show that the document is proved. It is to be remembered that the word proved used in the context here means that judicial evidence has been led about it, and does not imply proof in an absolute sense.

15. Endorsements on documents not admitted in evidenceDocuments which are not admitted in evidence must similarly be endorsed before their return with the particulars specified in Order XIII, Rule 6, together with a statement of their being rejected and the endorsement must be signed or initialled by the Judge. 16. Documents to be placed in strong coverDocuments which are admitted in evidence should be placed in strong covers........ one cover being used for documents produced by the plaintiff and the other for those produced by the defendant. 17. Consequences of not properly admitting documentsOwing to the neglect of the foregoing directions as regards endorsing and stamping of documents it is often impossible to say what papers on the file constitute the true record; copies of extracts from public or private records or accounts referred to in the judgment as admitted in evidence, are often found to be not proved according to law, and sometimes altogether absent. 18. Revision of record before writing judgment to see that only admitted documents are on the recordIt is the duty of the Court, before hearing arguments, finally to revise the record which is to form the basis of its judgment, and to see that contains all that has been formally admitted in evidence and nothing else. Any papers still found with the file, which have not been admitted in evidence, should be returned to the parties. Appellate Courts should examine the records of cases coming before them on appeal with a view to satisfying themselves that subordinate Courts have complied with the provisions of the law and instructions of the High Court on the subject, and should take serious notice of the matter when it appears that any Court has failed to do so. 19. Extracts or copies of settlement record and Riwaj-i-Am to be placed on recordIt frequently happens that although the wajib-ul-arz or riwaj-i-am of a village or other revenue record is referred to by the parties and by the Court itself as affording most important evidence, there is no certified extract or copy with the record of the entries relied on. When there is a copy, it is often incomplete or so carelessly written as to be unintelligible. It becomes necessary to call for the originals thus causing damage to the records themselves, and delay and inconvenience to the parties to the suit. It is the duty of Appellate Courts to see that the Courts subordinate to them have proper extracts or copies of relevant entries in Settlement records made, verified and placed on the record. 20. Production of public records and records of former Indian StatesOn application for the production of a Court record should be entertained unless it is supported by an affidavit and the Court is satisfied that the production of the original record is necessary (Order XIII, Rule 10). The same principle may well be applied to other public records also. It should be borne in mind that the mere production of a record does not make the documents therein admissible in evidence. The documents must be proved at the trial according to law.

Requisition for records of Courts in other States, including the former Indian States which have now merged with the States or integrated as states or territories of the Indian Union should be submitted through the Registrar High Court. Care should, however, be taken in not treating the applications for production of public records and documents too lightly. Such documents are liable to be lost or mutilated in the course of transmission and a good deal of time of the clerks is wasted in checking these records in order to see whether they are complete according to the index. Original records or documents should, therefore, not be sent for unless the Court is fully satisfied that the production of a certified copy will not serve the purpose. Attention is drawn to Rule 5, Order XIII, Civil Procedure Code, under which it is open to the Court to require copy of an entry of a public record to be furnished by one or the other party to the case. In the absence of special reasons which should be recorded in writing, Court should not detain the original of a public document but should return it after a copy has been furnished. 21. Return of documentsDocuments admitted in evidence can be returned to the persons producing them, subject to the provisions of Order XIII, Rule 9 (as amended by the High Court by Notification No. 563-G, dated the 24th November, 1927). If an application is made for return of a document produced in evidence before the expiry of the period for filing an appeal or before the disposal of the appeal (if one is filed) care should be taken to require a certified copy to be placed on the record, and to take an undertaking for the production of the original, if required. In pending cases, application for return of documents should be made to the Court where the case is pending. In decided cases, the officer-in-charge of the Record Room should return the documents without consulting the original Court only when the applicant delivers a certified copy to be substituted for the original and undertakes to produce the original if required to do so. In all other cases, application shall be made to the original Court or its successor. If the Court considers that the document may, under Order XIII, Rule 9, be returned, it shall record an order accordingly. The application should then be presented to the officer-in-charge of the Record Room who will pass an order for return of the document.
Part H]

Part H HEARING OF SUITS, ADJOURNMENTS, EXAMINATION OF WITNESSES, ETC.

1. List of witnessesNotice of the day of trial, reasonably sufficient to enable the parties to attend with their witnesses, should be given before hand. It is the business of the parties to take all reasonable steps to have their witnesses present in Court on the day fixed. The Court should,

on application and deposit of process-fees and other necessary expenses, issue the requisite summonses as soon as possible so as to secure their attendance on the date fixed for hearing. A list of witnesses must be filed by a party in Court before the actual commencement of the hearing of the evidence on his behalf, and no party who has begun to call his witnesses shall be entitled to obtain processes to enforce the attendance of any witness against whom process has not been previously issued or to produce any witness not named in the list without an order of the Court made in writing and stating the reasons therefor (Order XVI, Rule 1, as amended by the High Court). 2. Statement of caseThe trial should begin by the party having the right to begin (Order XVIII, Rule 2, of the Code) stating his case, and giving the substance of the facts which he proposes to establish by his evidence. The case thus stated ought to be reasonably in accord with the partys pleadings, because no litigant can be allowed to make at the trial a case materially and substantially different from that which he has placed on record, and which his adversary is prepared to meet. The procedure laid down in the aforesaid rule is often neglected by Courts, but it is highly useful and should be invariably followed. 3. Examination-in-chiefIn the examination of witnesses questions ought not to be put in a leading form, nor in such a form as to induce a witness, other than an expert, to state a conclusion of his reasoning, an impression of fact, or a matter of belief. The question should be directed to elicit from him facts which he actually saw, heard or perceived within the meaning of Section 60 of the Indian Evidence Act. The questions should be simple, should be put one by one and should be framed so as to elicit from the witness, as nearly as may be in chronological order, all the material facts to which he can speak of his own personal knowledge. A general request to a witness to tell what he knows or to state the facts of the case, should, as a rule, not be allowed, because it gives an opening for a prepared story. Where the party calling witnesses is not aided by counsel, and is unable himself to properly examine his witnesses he may be asked to suggest questions and the examination may be conducted by the Court. 4. Cross-examinationWhen the examination-in-chief is concluded the opposite side should be allowed to cross-examine the writing or, if unable to do so, to suggest questions to be put by the Court. In cross-examination leading questions are permissible. 5. Re-examinationThen should follow, if necessary, re-examination for the purpose of enabling the witness to explain answers which he may have imperfectly given on crossexamination, and to add such further facts as may be admissible for the purpose. 6. (a) How far should Court interfere in the conduct of examinationWhen the examination, cross-examination and re-examination are conducted by the parties or by their pleader, the Presiding Officer ought not, as a general rule, to interfere, except when necessary, e.g., for the purpose of causing questions to be put in a clear and proper shape, of checking improper questions, and of making the witness give precise answers. At the end, however, if these have been reasonably well-conducted he ought to know fairly well the exact position of the witness with regard to the material facts of the case; and he should then put any questions to the witness

that he thinks necessary. The examination, cross-examination, re-examination and examination by the Court (if any) should be indicated by marginal notes on the record. (b) Conduct of proceedings by lawyers by clerksComplaints have been received that the Civil Courts sometimes allow Clerks of lawyers to appear, examine or cross-examine witnesses or to conduct the proceedings in other manners when the lawyers themselves are otherwise engaged. This is highly irregular and is against law and District Judges should take steps to put a stop to this practice wherever it is known to prevail. 7. Examination of witnesses called by CourtThe examination of witnesses called by the Court under the provisions of Order XVI, Rules 7 and 14, of the Code, should always be conducted by the Court itself; and after such examination if the parties to the suit desire it, the witnesses may be cross-examined, by the parties. Upon the close of the cross-examination, the re-examination of such witnesses, if necessary, should be conducted by the Court in the manner above stated. 8. Deposition should be read overThe deposition of each witness should be read over to him in open Court and corrected, if necessary, as soon as his evidence has been finished (Order XVIII, Rule 5). 9. Mode of recording evidenceIn all appealable cases the evidence shall be taken by or in the presence of the Judge or under his personal directions and supervision. If he does not write the evidence himself he shall (in all cases whether appealable or non-appealable) as the examination of each witness proceedings, make in his own hand a memorandum of the evidence. He shall sign this memorandum and file it with the record. Should he be unable to do so he shall cause the reason of his inability to be recorded, and the memorandum to be taken down in writing from his dictation in open Court. 10. ArgumentsWhen the party having the right to begin has stated his case and the witnesses adduced by him have been examined, cross-examined and re-examined, and all the documents tendered by him have been either received in evidence or refused, it then devolves upon each of the opposing parties, who have distinct cases to state their respective cases in succession, should they desire to do so. After all of them have done so, or have declined to exercise the right, the evidence, whether oral or documentary, adduced by each in order, should be dealt with precisely as in the case of the first party; and on its termination and after they have, if they so desire, addressed the Court generally on the whole case the first party should be allowed to comment in reply upon his opponents evidence. 11. Rebuttal evidenceIf, however, the case of an opposing party is such as to introduce into the trial, matter which is foreign to and outside the case of the first party and the evidence adduced by him, then the latter must be allowed, if he so desires, to rebut this by additional evidence, and his opponent must be allowed to speak upon it by way of reply before the first party himself makes his own reply. But this is not to be understood as entitling the first party to ask for an adjournment for that purpose. He is bound to be prepared with such rebutting evidence, and an adjournment should only be allowed by the Court for good and sufficient reasons, costs being, if necessary, allowed to the opposite party.

12. Examination of parties as witnessesThe vicious practice of each party summoning his opponent as a witness merely with the design that counsel for each party gets a chance of crossexamining his client, obtains in many of the Muffasil Courts. This practice has been strongly condemned by their Lordships of the Privy Council and must cease. On the other hand, when the parties are personally acquainted with any facts which they have to prove, they are expected to go into the witness-box and stand the test of cross-examination by the opposite party. The failure of a party to go into the witness-box in such circumstances may, in the absence of a satisfactory explanation, justify the Court in drawing an interference which is unfavourable to that party (Order XVIII, Rule 4). 13. Note about closing of evidenceIt is frequently urged in appeals that a party has had witnesses in attendance whom the lower Court has omitted to examine. It is often impossible to ascertain from the record whether this is the case, and it would be equally impossible to ascertain it by a remand. When the examination of the last witness produced a Court by a party is closed, he should be distinctly asked if he has any more witnesses to produce; and the question and reply should be noted on the record. If more witnesses are named, the Court should either examine them or record its reasons for not doing so. If either party states that he desires additional witnesses to be summoned the Court should record the fact of the application and pass an order thereupon. 14. Continuous hearing of evidenceJudges should always endeavour to hear the evidence on the date fixed, as much expense and inconvenience is caused by postponements ordered on insufficient grounds before the witnesses in attendance have been heard. Under Order XVII, Rule 1 of the Code when the hearing of the evidence has once begun the hearing of the suit should be continued from day to day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the hearing to be necessary for reasons to be recorded by the Judge with his own hand. It should be noted that Rule 1 of Order XVII as amended by this Court requires that when sufficient cause is not shown for an adjournment the Court shall proceed with the suit forthwith. 15. Adjournments for evidenceIt has been observed that a number of Courts grant an adjournment merely because the party at fault is prepared to pay the costs of adjournment. Subordinate Courts should bear in mind that the offer of payment of the costs of adjournment is not in itself a sufficient ground for adjournment. The provisions of Order XVII, Rule 3 (as substituted by C.P.C. Amendment Act No. 104 of 1976), also deserve notice in this connection. If a party to a suit to whom time has been granted for a specific purpose as contemplated by Order XVII, Rule 3, Civil Procedure Code, fails to perform the act or acts for which time was granted without any good cause the rule gives the Court discretion to proceed to decide the suit forthwith, i.e., without granting any adjournment. In such cases a further adjournment should not ordinarily be granted, merely because offer is made for payment of costs. In some Courts, it is apparently assumed that if such an adjournment is not granted the case will be remanded by an Appellate Court. There are, however, no valid grounds for this assumption. If the record makes it clear that a further adjournment has been refused because of the negligence of the party concerned, such refusal would not in itself justify an Appellate Court in remanding the case. An

adjournment granted otherwise than on full and sufficient grounds is a favour in Civil suits favour can be shown to one party only at the expense of the other. No hard and fast rule can, however, be laid down. Each case must be judged on its merits. 16. Adjournments for argumentsThe practice of adjourning a case for arguments alter all the evidence has been given should, as a rule, not be followed except in long and complicated cases. But this observation does not extend to an adjournment when reasonably necessary, for a reply on the whole case by the party who is entitled to such reply nor to an adjournment for argument on a question of law which may have arisen during the trial and may have been, for convenience sake, reserved for argument until after the taking of the evidence. Whenever a case has to be adjourned for arguments it should be adjourned to the next day, or, if this is not possible, to a very near date. 17. Memo of evidence should be legibleThe Judges memoranda of evidence should always be written in a legible manner; and if from any cause they have been illegibly or indistinctly recorded, copies should be made and placed with the record. 18. Interlocutory order and notesAll orders made by the Court relative to change of parties, or adjournments, or bearing upon the course of the hearing of the suit other than depositions, orders, deciding any issue and the final judgment, and notes of all material facts and occurrences which may have happened during the hearing of the suit, such as the presence of witnesses, etc., must be carefully recorded from time to time by the Presiding Officer in his own handwriting and be dated and appended to the record. Each order or note should be clearly marked as such. The practice prevails in the subordinate Courts of writing orders on the back of applications made by the parties during the trial of a case. Such orders may sometimes escape notice during the hearing of appeals. It is, therefore, desirable that the summary of all interlocutory orders should be recorded separately by the reader at one place in chronological order and kept at the beginning of the English record of evidence.
Part J]

Part J DISMISSALS IN DEFAULT AND EX PARTE PROCEEDINGS

1. GeneralOrder IX of the Code deals with the appearance of parties and the consequences of non-appearance on the first hearing. Order XVII, Rule 2, lays down that the non-appearance of a party on an adjourned hearing may lead to similar consequences. 2. Default by partiesOrder IX, Rule 3, provides that when neither party appears when the suit is called on for hearing, the Court may make an order that the suit be dismissed. 3. Default by defendants(a) Order IX, Rule 5, provides that, if on the day fixed in summons for the defendant to appear, and answer, the plaintiff appears and the defendant does not appear, and it is proved that the summons was duly served in sufficient time to enable the defendant to

appear and, answer on the day named in the summons, the Court may proceed to try the case ex parte. Even in such cases, however, the plaintiff must prove this case to the satisfaction of the Court, before he can obtain a decree. The defendant, it will be observed, may apply under Order IX, Rule 13, for an order to set aside the ex parte judgment at any period between the date of the judgment and the thirtieth day from the date of the decree or where the summons was not duly served, from the date on which he has knowledge of the decree {See Article 123, Schedule 1, of the Indian Limitation Act). The provisions of Section 5 of the Indian Limitation Act, 1963, have recently been made applicable to all applications for the setting aside of ex parte decrees and for restoration of suits under Order 9, Rules 4 and 9. These applications may, therefore, be admitted even after the period of thirty days if the applicant satisfies the Court that he had sufficient cause for not making the application within such period. If he satisfies the Court that the summons was not duly served, or that he was prevented by sufficient cause from appearing when the suit was called for hearing, the Court should set aside the order on such terms as to costs or otherwise as it may deem fit. (b) Attention is drawn to Order IX, Rule 7, which lays down the procedure for setting aside ex parte proceeding when the hearing of the suit has been adjourned ex parte but no ex parte decree has been passed. 4. Default by plaintiffOrder IX, Rule 8, lays down that if the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall make an order dismissing the suit, unless the claim is admitted wholly or in part, in which case the claim shall be decreed only to the extent to which it is admitted. 5. Hasty dismissal not advisableThe above rules must be worked in a reasonable manner, otherwise they will result in a number of application for setting aside orders passed in the absence of one or both parties. It is possible that a party may have temporarily gone away to call his counsel or to refresh himself and a person cannot be expected to be in constant attendance throughout the day. The Court should to avoid hardship, lay aside the case where any party does not appear when the case is called. The case may be called again, later in the day after the other work has been finished or when both the parties turn up and the Court can conveniently take up the case that had been laid down. If these rules are worked in a reasonable manner applications for restoration of suits or setting aside of ex parte orders would be reduced in number. Such applications generally lead to delay in the disposal of cases and waste a good deal of the time of the Courts and the litigants. 6. Hasty dismissal not advisableThe tendency to dismiss cases in default or to pass ex parte orders in a hasty manner in order to show an increased outturn is to be strongly depreciated and is not to be resorted to in any case. The Presiding Officers should note down the time in their own hand when a case is dismissed in default or an oder to proceed ex parte is passed.
COMMENTS A case should not be dismissed earlier in the day for default of appearance. Kamlawati v. Shambhu Nath & Sons, 1976 Raj. L.R. (N) 96.

7. Order of Dakhil Daftar is irregularThere is a tendency for Presiding Officers of Civil Courts to pass orders that cases should be dakhil daftar. This practice is incorrect. A Presiding

Officer should invariably make it clear what the precise nature of the order is, i.e., whether the case is postponed or dismissed and the rule, if any, under which the order is passed should also be mentioned. 8. Registration of suitsWhen a plaint is presented a suit is thereby instituted under Order IV, Rule 1, of the Code and the suit must forthwith be entered in the Register of Civil Suits (Civil Register No. 1) in accordance with Order IV, Rule 2. 9. Procedure when plaintiff is not present on the preliminary dateIt is customary, when a plaint is presented, to fix a short preliminary date in order to permit the examination of the plaint. On this preliminary date the plaintiff is expected to appear to receive notice of the date fixed for the hearing of the suit. It sometimes happens that the plaintiff does not appear on this date and several cases have come to the notice of the Judges in which Courts have forthwith dismissed the suit in default by orders purporting to be made under Order IX. This procedure is incorrect as it has been held that the preliminary date is not a date fixed for hearing and therefore, the provisions of Order IX do not apply. The correct procedure in such cases may be deduced from the Code and has been referred to in several rulings of the High Court. It is as follows: (i) If the plaint is in order and process fee for the summoning of the defendant has been filed with the plaint, the Court should issue summons to the defendant and a notice to the plaintiff to appear on the date for which the defendant is summoned. If one that date the plaintiff does not appear in spite of the service of the notice on him, the suit can be dismissed under Order IX, Rule 3 or Rule 8 of the Code whichever is applicable. (ii) If the plaint is in order but process fee has not been filed with it, the Court should fix a date for the appearance of the defendant and issue notice to the plaintiff calling upon him to appear on that date to deposit process fee by a specified date so that the defendant may be summoned. If on the date fixed it is found that no summons has issued owing to non-payment of process, fees, or that the summons could not be served owing to late payment of process fees, the suit can be dismissed under Order IX, Rule 2. If process fee has been paid as directed, the other provisions of Order IX, will apply. (iii) If the plaint is not in order and the defects are such as to entail its rejection under Order VII, Rule 11, the Court should record an order rejecting it. If it is to be rejected for failure to pay Court-fees, it will be necessary first to issue a notice calling on the plaintiff to make up the deficiency unless he has already been given time to do so in such cases the final order to be entered in Civil Register No. 1 is plaint rejected. If the defects in the plaint are not such as to call for its rejection under Order VII, Rule 11, the Court should proceed in accordance with the procedure outlined in sub-clauses (i) and (ii) above the question of remedying the defects being taken up at the first hearing.

Part K]

Part K SPEEDY DISPOSAL OF CASES

1. Cause-diaryThe speedy disposal of Court business is a matter which requires the earnest attention of every judicial, officer. Delays of law are notorious in this country and tardy justice is often no better than injustice. The proper despatch of Court work depends not merely on the ability of an officer, but also to a large extension the personal attention paid by him to its adjustment and control. Amongst the important matters, which should receive his personal attention is the cause-diary. The practice of leaving the fixing of dates to the clerical staff, lends to abuses and results frequently in confusion of work. The fixing of an adequate cause list which can be got through without difficulty during the Court hours, requires some intelligence and forethought, and unless the officer pays personal attention to the matter and fixes the list with due regard to the time likely to be taken over each case, there is risk of a considerable number of cases being postponed from time to time with consequent delay in their disposal and inconvenience to the litigant public. District Judges should from time to time examine the diaries of Subordinate Judges in their districts in order to see that too much or too little work is not fixed, for any day. A sufficient number of cases should, however, be fixed for hearing, so that even if, some cases collapse there would be sufficient work to keep the Judge fully occupied throughout the day. 2. Causes of delay in disposal of caseAs a result of annual inspections, it has been found that delay in the disposal of cases is mainly due to the following errors. (i) Orders for the issue of notice to parties and summonses to witnesses are given without specifying the date by which process-fees must be paid into Court. Two days should be the usual time allowed. (ii) On failure of service, orders for the issue of fresh process are given without ascertaining the cause of the failure of the service and fixing the responsibility therefor. (iii) Documents, instead of being accepted either with the plaint or at the first hearing, are accepted at every stage of the case. (iv) Applications for the issue of interrogatories, which should be accepted at the earliest stage of the case only, are accepted at a very late stage. (v) Witnesses, who are present in Court are often sent away unexamined on all kinds of inadequate pretexts. (vi) Cases are not proceeded with from day to day and evidence is taken in driblets. (vii) Adjournments are granted for the preparation of arguments at all stages even in the matter of interlocutory order.

(viii) Unnecessary long adjournments are granted, when adjourn-ments are unavoidable. (ix) Suits are dismissed or restored without adequate reasons. (x) Orders are written by the Reader instead the Presiding Officer. (xi) Personal attention is not paid to service of processes. (xii) The adjournment on insufficient grounds on cases which have already become old. (xiii) Fixing a large number of cases for a particular day and then postponing some of them for want of time. (xiv) Delay in the disposal of appeals against preliminary decrees, etc. Of all the foregoing, the most serious causes of delay are errors (i) and (ii). All orders of whatever nature which are passed after the admission of a plant except those of a purely routine character should be written by the Presiding Officer himself. A Court should not adjourn any case for more than three months. If for any reason the diary for the next three months is full, a request for the transfer of some cases to some other Court should be made to the District Judge. Intermediate dates should be fixed to watch the return of files requisitioned from other Courts and States. 3. Commission and arbitrationsDelays also occur frequently in cases in which a commission has been issued of reference made to arbitration. Courts should insist on submission of reports and awards by the Commission or Arbitrators, as the case may be, within a reasonable time and should grant adjournments without satisfying themselves that the Commissioners or Arbitrators are doing their duties and that sufficient cause has been shown for the grant of an adjournment. Parties and arbitrators should be made to understand that a reference to arbitration is liable to be cancelled if the award is not filed within time. It will be found useful to make a part of the Commissioners fees depend upon punctual submission of his report, and to made this fact clear in the Courts order and the letters of request to the Commissioner.
12

[4. **********]

5. TransfersWhenever cases are transferred from one Court to another, the instructions contained in Chapter 13 of this Volume should be followed (Also see Section 24 C.P.C.) 6. Cases held up owing to records being in the appellate Court or pending decision of another caseEfforts should be made to give priority to cases for the decision of which other cases are held up. Subordinate Judges are authorised to bring to notice of appellate Courts cases where a suit has already been postponed for more than 3 months merely because the records

happen to be with the appellate Court. The Presiding Officer of the Appellate Court should then treat the appeals in which records have been sent for by the lower Courts as urgent and dispose of them as early as possible. Appellate Courts should also treat all appeals in which proceedings have been stayed in a lower Court as urgent. 7. Interlocutory ordersApplications for interlocutory orders, the admission of which will hold up the original proceedings, should be carefully scrutinized and promptly disposed of. 8. Old cases and abstracts of order sheetsAll Civil Courts are required to furnish to the High Court a statement of civil cases pending over two years every month before 10th of the following month in the proforma appended below together with their explanation where necessary and the comments of the Session Judge concerned thereon. The proceedings of monthly meeting of Judicial Officers should accompany the aforesaid statement.
PROFORMA Consolidated Statement of more than two years old civil cases pending in the Court of Subordinate Judge of...........District for the month of......
No. of cases which pending at the end of last month No. of cases become over two years old during the month

Name of the Court

Name of Civil Cases

Total No. of cases

No. of cases disposed of during the month

Balances

No. of stayed cases

1. Civil Appeals 2. Civil Suits 3. Rent Act Cases 4. Execution Cases 9. Priority to certain casesAttention is invited to the instructions as regards the speedy disposal of cases in which Government servants, military officers, soldiers, etc., are involved or to which the Government is a party. Cases under Section 28 of the Sikh Gurdwaras Act, 1925, should also receive priority and the disposed of as quickly as possible (Vide Circular Memo. No. 3823-G, dated the 20th May, 1927). 10. Commercial casesCommercial Cases should be disposed of as speedily as practicable. The term Commercial Case is taken to include cases arising out of the ordinary transactions of merchants, bankers and traders; amongst others those relating to the construction of mercantile documents, export or import of merchandise, affreightment, carriage of goods by land, insurance, banking and mercantile agency, mercantile usage, and infringements of trade marks and passing off actions and debts arising out of such transactions.

In the early stages of the trail or appeal the Court should, either on its own motion or on the application of either party mark a case as a Commercial Case, if it appears to the Court to justify that classification. All cases which have been marked as Commercial Cases under the preceding paragraph shall be brought to a hearing as early as may be practicable. Such cases shall be given priority on the day of hearing over other cases, except part-heard cases, and shall, so far as possible, be heard from day to day until they are finally decided. 11. CompromisesOrder XXIII, Rule 8 of Civil Procedure Code relating to Compromises of suits has suffered amendments by C.P.C. (Amendment) Act, 104 of 1976 and by inclusion of two provisions by the Punjab and Haryana High Court. Now Court must ensure under Order 23, Rule 3 that (a) there has been an agreement or compromise between the parties; (b) such an agreement or compromise is in writing and signed by the parties; and (c) such an agreement or compromise is valid in the eye of law. The dispute about a compromise or adjustment the parties negotiations for the same should not, as far as possible, be allowed to hold up the trial of the issues on merits and witnesses in attendance should not ordinarily be sent back unexamined. When the case cannot be proceeded with as indicated, the reasons should be recorded in writing. The judgment in the suit should not, however, be announced until the question of adjustment or satisfaction has been decided.
13

Decree in accordance with the agreement or compromise is to be passed whether or not the subject matter of the agreement or compromise or satisfaction is identical with the subject-matter of the suit. In representative suits, Courts permission to enter into compromise must be obtained. (Order 23, Rule 3B newly inserted.)
Part L]

Part L INCIDENTAL PROCEEDINGS (a) Attachment before judgment and temporary injunctions

1. Attachment or arrest before judgmentIf at the time of filing the plaint, or at and other stage of the suit, an application is made by the plaintiff, under Order XXXVIII of the Code, for the arrest of the defendant or for the attachment of his property before judgment, the Court should proceed to consider the application with reference to the provisions of the Code and the following instruction. 2. Attachment or arrest before judgmentOrders for arrest or attachment before judgment ought not to be made on insufficient grounds. The circumstances which justify a Court in passing an order of this nature are distinctly stated in Order XXXVIII of the Code of Civil Procedure. The Court should in every such case, be satisfied (Order XXXVIII, Rules 1 and 5), that the defendant has or is about to dispose of or remove the property from its jurisdiction or that he has or is about to leave its jurisdiction.

3. Temporary injunctionIt has been noticed that temporary injunctions are frequently issued ex parte by subordinate Courts without realising fully their consequences. The following instructions in respect of such orders should therefore be ordinarily followed: (i) The Court should scrutinise carefully the plaint the application and the affidavit before interfering with the defendants rights and should satisfy itself that some recent happenings have justified the interference without notice to the defendant. (ii) Court should use the rules in Order XXXIX Civil Procedure Code, with great discrimination, and should not overlook the significance of the word may wherever it occurs. It should not treat the exception in Rule 3 as the normal procedure. Interlocutory injunctions should be granted ex parte only in very exceptional circumstances, and only when the plaintiff can convince the Court that by no reasonable deligence could he have avoided the necessity of applying behind the defendants back. (iii) Such injunctions, when granted should be limited to a week or less, i.e., the minimum time within which a defendant can come before the Court, assuming that to get rid of the injunctions, he will be prepared to use the greatest expedition possible. (iv) The Court should state clearly what acts it has restrained. Vague orders such as Issue of temporary injunctions as prayed should be avoided. Where only some of the acts mentioned in the petition need to be urgently restrained the ex parte order should be confined to these only. The plaint or petition should not merely be copied out. (v) When the defendant appears and files his affidavit, the plaintiff should be given only a few days to answer it. The contested application should then be heard, as soon as possible, and if the Judge cannot dispense it of at once, should, for the term of the adjournment which should be as short as possible, either grant an ad interim injunction, or obtain an undertaking from the defendant not to do any acts complained against. (vi) After the plaintiff has obtained an interim or ex parte order, the Court should take care to see that he does not abuse the advantage by resorting to the usual dilatory tactics; such as delay in deposit of process fees, evasion of service of summons on a pro-forma defendant interested with the plaintiff in delaying the suit or in other manners. 4. (a) Ex parte injunctionsThe above instructions are not intended to restrict the discretion of Courts, but every application for an ex parte injunction should be very carefully considered in the light of these instructions and should not be granted unless sufficiently good grounds are made out. (b) Death, marriage or insolvency of parties abatementThe procedure to be followed in the event of death, marriage, or insolvency of parties is laid down in Order XXII, Civil Procedure Code, Proper steps must be taken to bring the legal representatives of the person concerned (the Receiver in the case of a person who is declared an insolvent) on the record within the period of limitation. Otherwise the suit is liable to abate wholly or partly in certain cases. The abatement takes place automatically and a formal order of abatement, though not essential, should be

usually recorded. The abatement can be set aside on an application by the aggrieved party, if sufficient cause is shown (Order XXII, Rule 9). There is no abatement if a party dies after the conclusion of the case but before judgment. In such cases judgment may be pronounced and will take effect as though it had been pronounced while the party was alive. In certain cases, the abatement of a suit as against one defendant results in the dismissal of the whole suit. Reference may be made in this connection to 1. L. R. X. Lah. 7 F.B. (c) CompromisesCompromise or adjustment of suitsWhere a Court is satisfied that a claim has been adjusted by any lawful agreement or compromise or the claim has been satisfied wholly or in part, the Court shall order such agreement, compromise or satisfaction to be recorded and shall pass a decree accordingly so far as it relates to the suit. In cases where the compromise goes beyond the subject matter of the suit, the directions given in 46-1-A 240, 244 and I.L.R. 18 Cal. 485 should be followed in preparation of decrees. When a minor is concerned, the Court should consider and record a finding as to whether the compromise or adjustment is for the benefit of the minor, and pass an express order granting or refusing leave, for the purpose as it may think fit. As to compromises in cases of minors see Chapter 1-M (d). As to forms of decrees based on compromises see Chapter 1-B paragraph 5. As to stay of hearing on the ground of compromise see Chapter 1-K paragraph 11. (d) Amendment and ReviewWhen a case is decided on the merits, the Court has no power to vary the judgment or decree, except by way of amendment under Sections 151 and 152 or by review under Order XLVII, Civil Procedure Code. The scope of amendment is very limited, being confined to clerical or arithmetical errors, accidental slips, etc. Review can be granted only on the grounds specified in Order XLVII. The words any other sufficient cause occurring in Rule 1 of Order XLVII have been held by their Lordships of the Privy Council to mean a reason sufficient on grounds at least analogous to those specified immediately previously. (See I.L.R. Lahore l27-P.C.). (e) Section 151, Civil Procedure CodeInherent powersThe scope of Section 151, Civil Procedure Code, is frequently misunderstood and applications are made under that section, which do not properly fall within its purview. The section is widely worded to enable Courts to do justice in proper cases, but it cannot be used so as to override the express provisions of Statute. For instance, a suit which is barred by limitation, cannot be heard in the exercise of inherent powers under Section 151. But where there is no express provision of law on a particular point inherent powers may be used in proper cases in the interests of justice. For instance, it has been held that when an application for execution is dismissed in default, it may be restored in the interests of justice on sufficient cause being shown, although there is no express (I.L.R. II, Lahore 66).

Part M]

Part M SPECIAL FEATURES OF CERTAIN CLASSES OF CASES (a) Cases under Punjab Customary Law

1. Punjab Laws ActCustom forms a dominant feature of the Civil litigation in the Punjab. Section 5 of the Punjab Laws Act, 1872, lays down that in all questions regarding succession, special property of females, betrothal, marriage, divorce, dower, adoption, guardianship, minority, bastardy, family relations, wills, legacies, gifts, partitions, or any religious usage or institution, the rule of decision shall be custom, when there is any custom applicable to the parties, provided the custom is not contrary to justice, equity, or good conscience and has not been altered or abolished by any statute or declared void by any competent authority. In other cases, Muhammadan Law in the case of Muhammadans and Hindu Law in the case of Hindus, is to be applied. 2. (a) Proof of CustomThe vast majority of the rural population in the Punjab follow custom. It is the exception rather than the rule for the Hindu and Muhammadan Law to be applied in their entirety. The ascertainment of custom, when it is disputed of often a matter of difficulty. The records of trival custom (Riwaj-i-am) prepared by Government Officer for the various Districts are helpful and are accepted prima facie, as good evidence of the customs stated therein (see 45 P.R. 1917-P.C.). Judicial decisions have also to a large extent defined customs in respect of various tribes and the rules deduced therefrom will be found summarised in a convenient form in Rattigans Digest of Customary Law. The Value of entries in Riwaj-i-am may, however, be small if these affect adversely the rights of females or any other cases of persons who had no opportunity of appearing before the revenue authorities. A few instances may in such cases suffice to reput the presumption of correctness attaching to such the records. [Vide I.L.R. 1941, Lah. 154 (P.C.) Subhanis case and (1955) I Supreme Court Reports 1191].
COMMENTS It is well settled that that though the Riwaj-i-ams are entitled to an initial presumption in favour of their correctness irrespective of the question whether or not the custom, as recorded is in accord with the general custom, the quantum of evidence necessary to rebut that presumption will, however, vary with the facts and circumstances of each case. Where, for instance, the Riwaj-i-am lays down a custom in consonance with the general agricultural custom of the province, very strong proof would be required to displace that presumption; but where, on the other hand, the custom as recorded in the Riwaj-iam is opposed to the custom generally prevalent, the presumption will be considerably weakened. Likewise, where the Riwaj-i-am affects adversely the rights of the females who had no opportunity whatever of appearing before the Revenue authorities, the presumption will be weaker still and only a few instances would be sufficient to rebut it. Salig Ram, v. Mt. Maya Devi, AIR 1955 SC 266 : 1955 (1) SCR 1191. (See also Khan Beg v. Mt. Fateh Khatun, AIR 1932 Lah. 157, Jagat Singh v. Mst. Jiwan, AIR 1935 Lah. 617, Mst. Subhani v. Nawab, AIR 1941 PC 21). If the Riwaj-i-am produced is a reliable and a trustworthy document, has been carefully prepared and does not contain within its four corners contradictory statements of custom and in the opinion of the Settlement Officer is not a record of the wishes of the persons appearing before him as to what the custom should be, it would be a presumptive piece of evidence in proof of the special custom set up. Salig Ram, v. Mt. Maya Devi, AIR 1955 SC 266 : 1955 (1) SCR 1191. (See also Qamar-ud-Din v. Mt. Fateh Bano, AIR 1944 Lah. 72, Mohammad Khalil v. Mohammad Baksh, AIR 1949 EP 252.)

Though the entries in the Riwaj-i-am were entitled to an initial presumption in favour of their correctness, irrespective of the question whether or not the custom as recorded was in accord with the general custom, the quantum of evidence necessary to rebut this presumption would, however, vary with the facts and circumstances of each case; where, for instance, the Riwaj-i-am laid down a custom in consonance with the general agricultural custom of the Province, very strong proof would be required to displace this presumption, but where on the other hand, this was not the case and the custom as recorded in the Riwaj-i-am was opposed to the rules generally prevalent, the presumption would be considerably weakened. Likewise, where the Riwaj-i-am affected adversely the rights of females who had no opportunity whatever of appearing before the revenue authorities, the presumption would be weaker still and only a few instances would suffice to rebut it. Mussammat Subhani and Others, v. Nawab and Others, I.L.R. (1941) XXII Lahore 154 PC. (Khan Beg v. Mst. Fateh Khatun, I.L.R. (1932) 13 Lah. 276, approved.) Mere mention of the name of a person in the pedigree-table as the common ancestor is no proof of the fact that every piece of land held by his descendants (howsoever low) was originally held by and descended from him in succession from generation to generation. A genealogical tree of this kind is prepared merely to indicate the relationship of the proprietors in a particular village and is in no sense intended to be a record of the acquisition of every bit of land held by all persons whose names appear in it. Mussammat Subhani and Others, v. Nawab and Others, I.L.R. (1941) XXII Lahore 154 PC. (Chanda Singh v. Mst. Banto, I.L.R. (1927) 8 Lah. 584, approved.) The English rule stated in Blackstones Commentaries that a custom in order that it may be legal and binding, must have been used so long that the memory of man runneth not to the contrary, does not apply to Indian conditions. It is true that a custom derives its force from the fact that it has, from long usage, obtained in a particular district, the force of law. It must be ancient, but it is not of the essence of the rule that its antiquity must in every case be carried back to a period beyond the memory of manstill less that it is ancient in the English technical sense. Mussammat Subhani and Others, v. Nawab and Others, I.L.R. (1941) XXII Lahore 154 PC. (Bahadur v. Mst. Nihal Kaur, I.L.R. (1937) Lah. 594 (F. B.), disapproved.) A judicial decision, though of comparatively recent date, is of value as evidence of custom, if it contains on its record, specific instances of custom of sufficient antiquity as to rebut the presumption in favour of statements in the Riwaj-i-am. Mussammat Subhani and Others, v. Nawab and Others, I.L.R. (1941) XXII Lahore 154 PC.

(b) Migrants and Displaced personsIn view of the wholesale migrations of population after the partition of Punjab the question may often arise whether a person is governed by the Customary Law of home of origin or of the land where he has settled down. The consensus of authority is that person or tribes may be governed by the customs of their original home and not by the customs of the land where they settled down unless it is shown that in any matters they have adopted the customs of their new habitation. The presumption is however rebuttable on proof of special circumstances. See Rattigans Digest of Customary Law and Mullas Hindi Law. 3. Personal LawWhen in any particular instance, no role of custom can be found, the Court must fall back upon the personal law of the parties. (See 110 P.R. 1906-F.B.). 4. Limitation in certain custom suitsThe provisions of Punjab Act I of 1920 which prescribes the limitation for suits relating to alienations of ancestral immovable property and appointments of heirs by persons who follow custom and Punjab Act II of 1920 which restricts the power of descendants or collaterals to contest such alienations or appointments should also be studied. 5. Law applicable to MuslimsAttention is drawn to Act XXVI of 1937 which lays down that notwithstanding any custom or usage to the contrary, in all questions (save those relating to agricultural land) the rule of decision in case where the parties are Muslim shall be the Muslims Personal Law. In order to obtain the benefit of this Act, a declaration has to be obtained.
(b) Money Suits

1. Typical money suits(i) Some features of money suits deserve attention.

(ii) The typical money suit in the Mufassil is one between a creditor and an illiterate debtor. The suit is generally based on a running account consisting of petty items in the account book of the former with balances struck from time to time, or an agreement recorded in it with regard to larger loans borrowed on occasions of marriage, etc., and occasionally on a bound. Allegations of fraud, want of consideration, etc., are frequently made in defence and owing to the ignorance of the debtor, on the one hand and the frequent absence of regular accounts on the other, the cases require careful sifting. The examination of the parties themselves under Order X, Rule 2, Civil Procedure Code, before framing the issues is generally very useful (see Part F of this Chapter.) When fraud misrepresentation, undue influence, etc., are pleaded, the particulars thereof should be carefully elicited. 2. (a) False entryWhen the creditor or some one at his instance has shown a higher amount in such documents than the amount actually advanced, the Court shall disallow the whole claim with costs unless the creditor can satisfy the Court that the mistake was accidental or bona fide (please see Section 37 of Punjab Relief of Indebtedness Act, as amended by Punjab Act XII of 1940). (b) Punjab Regulation of Accounts ActSpecial attention is drawn to the provision of the Punjab Regulation of Accounts Act I of 1930. This Act applies generally to all loans advanced after the commencement of the Act which came into force on 1st July, 1931. 3. Suits on bahi account. Copy of the accountWhen a suit is based on a bahi account, that must be produced with the plaint. To avoid inconvenience to the plaintiff, he is allowed to file a copy, but the copy must be supported by an affidavit by the party producing it to the effect that it is a true copy or by a certificate on the copy that it is a full and true translation or transliteration of the original entry. No examination or comparison by any ministerial officer shall be required except by the special order of the Court. It should be noted however that although a copy is allowed to be filed, the original account must be produced (except when it is permissible to produce a certified copy, e.g., under the Bankers Books Evidence Act, 1891), later in the course of the trial when evidence is led in order to prove it. 4. Presumption as to entries in accounts booksEntries in book of account are relevant under Section 34 of the Indian Evidence Act, if the books are shown to be regularly kept. Such entries are however not by themselves sufficient to charge any person with any liability and must be supported by other evidence. There may be cases where the plaintiffs statement alone may be considered sufficient corroboration of these entries. 5. Bonds and agreementsAn agreement for the payment of a debt if attested by a witness would be liable to be stamped as a bond. For definition of bond please see Section 2(5) of the Indian Stamp Act. A document insufficiently stamped may be taken in evidence on payment of the deficiency in stamp and penalty as provided in Section 35 (ibid). For further instructions please see Chapter 4 of Volume IV. 6. Registration of bondsRegistration is not obligatory in the case of simple bonds creating no charge on any immovable property. As regards bonds creating such a charge Section 17 of the Indian Registration Act should be consulted.

7. Thumb-mark and signaturesWhen the thumb-mark or signature on a document, is denied it must be proved in the proper manner. As regards thumb marks the most convenient method is to obtain thumb-marks of the person concerned in Court, if possible, and send the same together with the disputed thumb-mark for comparison by an expert to the Finger Print Bureau. The report of the expert must be supported by his testimony on oath or solemn affirmation. Such testimony can be conveniently obtained by issuing a commission for the purpose to the Sub-Judge at Phillaur. As regards proof of signatures, Sections 45-47 of the Indian Evidence Act may be consulted, also Chapter I-G of this Volume. 8. Proof of considerationWhen the execution of document is admitted or, proved the onus will be shifted to the executant to prove absence of consideration, if he relies on any such plea. Section 12 of the Punjab Debtors Protection Act (Act No. II of 1936), however, provides an exception to this rule and should be carefully studied. 9. Costs and interestThe instructions contained in Chapter 11-C about the Award of costs and in Chapter 11-D about the Award of interest should be noted carefully. 10. Payment by debtorsSection 3 of Punjab Relief of Indebtedness Act enables any person who owes money to deposit the same in Court in full or part payment to his creditor. It is not necessary that the creditor should have filed a suit or taken any other steps to recover the debt. Interest ceases to run from the date of the deposit. A notice about the deposit should always be sent to the creditor. For form of notice see form No. 218, Vol. VI-A, Part A-II. 11. Rules as to depositsThe State Government has made the following rules under Section 32 of the Punjab Relief of Indebtedness Act
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Rules

(1) These rules may be called the Punjab Relief of Indebtedness (Deposit in Court) Rules, 1935, and shall apply to all deposits to be made under Section 31 of the Act. (2) In these rules the Act means the Punjab Relief of indebtedness Act, 1934. (3) Sums less than Rs. 1,000 may be deposited in any stipendiary Civil Court having jurisdiction within the district in which the debtor resides: Provided that where there is more than one such Court in the same town the deposit shall be made in the Court exercising the highest pecuniary jurisdiction. (4) Sums of Rs. 1,000 or over shall be deposited only in the Court of the Senior Sub-Judge of the district in which the debtor resides. (5) Deposits may be made either by postal money order or by the debtor in person. (6) All sums deposited shall be accounted for and dealt with according to the ordinary rules for the time being in force in Courts into which they are paid.

(7) Notices under sub-section (2) of Section 31 of the Act shall be served upon the creditor by registered letter acknowledgement due at the expenses of the debtor. 12. Punjab Registration of Money Lenders ActAttention is drawn to the Punjab Registration of Money Lenders Act, 1938 (Punjab Act III of 1938) according to which suits and applications for execution by money-lenders are barred unless the money lender is registered and licensed. (Section 3).
(c) Pre-emption Suits

1. Prevailing lawThe law of pre-emption in the Punjab is now governed by the Punjab Preemption Act, 1913, and custom plays a comparatively minor part in it. 2. Deposit of security for costsIn every pre-emption suits, the Court is bound to require the plaintiff before the settlement of issues to deposit a sum not exceeding one-fifth of the probable value of the property which is the subject matter of the suit or give security to that extent, within a specified time. If the plaintiff fails to comply with the order within the specified time, or such further time as the Court may allow, his plaint must be rejected. (Section 22 Punjab Pre-emption Act). 3. Court to enquire suo motu certain mattersOrder XX, Rule 14 of the Code directs that a pre-emption decree shall specify a day on or before which the purchase money with costs if any shall be paid into Court. The Courts should not fix a period of time for the deposit of the money but should mention a definite date. Care should further be taken to see that the specified date is not a day on which the Courts may be expected to be closed.
(d) Suits by and against minors and persons of unsound mind

1. GeneralThe procedure to be followed in the case of suits by or against minors is laid down in the rules in Order XXXII of the Code of Civil Procedure. Attention is invited to the additions and alterations made in these rules by the High Court. 2. Next friend and guardian ad litem definedA minor being legally incapable of acting for himself, the law requires that suit by or against such a person should be conducted on his behalf by a person who has attained majority and is of sound mind. A person conducting a suit on behalf of a minor plaintiff is called his next friend, while a person defending it on his behalf is called a guardian ad litem for the purpose of the litigation. 3. Permission to sue(a) Any person as described above may institute a suit on behalf of a minor and no permission of the Court is necessary for the purpose. An exception to this general rule has however been made by sub-rule (2) of Rule 4 of Order XXXII. If the minor plaintiff has a guardian appointed or declared by competent authority, no person other than such guardian shall act as the next friend of the minor, unless the Court considers, for reasons to be recorded, that it is for the minors welfare that another person be permitted to act. (b) The next friend of a minor plaintiff can be ordered to pay any costs in the suit as if he were the plaintiff.

4. Minor may not be proceeded against ex parteA guardian ad litem for a minor must be appointed by the Court and the trial of the suit cannot proceed until such an appointment is made. The Court cannot proceed, or pass an order or decree, ex parte against a minor. An application for the appointment of a guardian ad litem of a minor and the affidavit filed therewith shall state: (a) Whether or not the minor has a guardian appointed under the Guardians and Wards Act, 1890, and if so, his name and address; (b) the name and address of the father or other natural guardian of the minor; (c) the name and address of the person in whose care the minor is living; (d) a list of relatives or other persons who prima facie are most likely to be capable of acting as guardian for the minor; (e) how the person sought to be appointed guardian or next friend is related to the minor; (f) that the person sought to be appointed guardian or next friend has no interest in the matters in controversy in the adverse to that of the minor and that he is a fit person to be so appointed; (g) whether the minor is less than fifteen years of age. 5. Notice to minors and relatives etc.No order should be made appointing a guardian ad litem unless notice is issued to the guardian of the minor appointed or declared by an authority competent in that behalf, or where there is no such guardian to the father or where there is no father to the mother, or where there is no father or mother to other natural guardian of the minor, or, where there is no father, mother or other natural guardian, to the person in whose care the minor is, and after hearing any objection which may be urged on behalf of any person served with notice under this sub-rule. A notice to the minor is not essential under the rules (as amended) but should ordinarily issue when the minor is shown to be over fifteen years of age as he may in that case be able to take an intelligent interest in the selection of his guardian and the conduct of the proceedings.
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6. Choice of guardian, appointment of Court officers or pleader, funds for defence land accounts to be kept. Duties of guardianIn appointing a guardian ad litem, the following order of preference shall be observed (i) If there is a guardian appointed or declared by a Court he must be appointed unless the Court considers that it is for the welfare of the minor that some other person should be appointed, the Court must record its reasons; (ii) in the absence of a guardian appointed, or declared by a Court, a relative of the minor best suited for the appointment should be selected;

(iii) in the absence of any such relative, one of the defendants should be appointed, if possible; (iv) and failing such a defendant, a Court official or a pleader may be appointed. It should be remembered that no person can be appointed to act as a guardian ad litem without his consent (in writing). Consent may, however, be presumed unless it is expressly refused. When a Court official or pleader is appointed to act as a guardian the Court has a power to direct the plaintiff or any other party to the suit to advance the necessary funds for the purposes of defence. The Court official or a pleader should be required to maintain and produce accounts of the funds so provided and these should ultimately be recovered from such party (or out of the property of the minor) as the Court may think it just to direct after the result of the suit. The Court official or pleader appointed by the Court as the guardian ad litem of minor defendant, should to the best of his ability communicate with the minor and his relatives in order to ascertain what defence can properly be taken in the case and further try to substantiate that defence by adducing proper evidence. 7. Rejection of plaint where minor is not representedThe plaint may be taken off the file and all orders made may be set aside, if a minor is not properly represented and the person filing the plaint or obtaining the orders whether a legal practitioner or not, may be liable to pay costs. 8. Appointment of guardian enures or appeal and executionWhen a guardian ad litem is appointed by a Court the appointment enures for the whole of the litigation including appeals and execution proceedings arising out of the suit. 9. Compromise and agreementA next friend or guardian ad litem cannot enter into any compromise or agreement with reference to the suit without the leave of the Court expressly recorded in the proceedings. While taking leave of the Court for entering into any agreement or compromise on behalf of the minor, the next friend or guardian ad litem and pleader (when the minor is represented by pleader) must state through affidavit or certificate that such an agreement or compromise is for the benefit of the minor, the Court should be satisfied after applying its mind to all the circumstances of the case that the compromise is really for the benefit of the minor and should record its opinion to that effect. A failure to observe these directions may result in the compromise or agreement being avoided at the instance of the minor (Order 32, Rule 7).
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10. Rules relating to suits by or against minors apply mutatis mutandis to suits by or against persons of unsound mind.
(e) Suits by Indigent Persons

1. Attention is called to Order XXXIII of the Code on the subject of suits by indigent persons and the steps which should be taken to protect the interests of Government in such cases. 2. Examination of plaintiff, and evidence for admissionNotice to Government: Before a pauper suit is admitted the petitioner or his authorised agent, when the applicant is exempted
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from appearance in Courts should be examined regarding the merits of the claim and the property of the applicant. If it appears to the Court that the suit is not framed and presented in the manner prescribed by Rules 2 and 3 of Order 33, or the applicant is not a (indigent person), or that he has fraudulently made away with any property within two months preceding the presentation of the plaint, or that his allegations do not show a cause of action, or that he has entered into any agreement with reference to the subject-matter of the proposed suit under which any other person has entered into an agreement with him to finance the litigation or the allegations made by the applicant the application show that the suit would be barred by any law for the time being in force, the application must be rejected. If the Court sees no reason to refuse the application, it must fix a day (of which at least ten days previous notice must be given to the opposite party and to the Government pleader on behalf of Government) for receiving such evidence is the applicant may adduce in proof of his pauperism, and for hearing any evidence which may be adduced in dis-proof thereof, and can only pass final orders on the applicant after hearing the evidence and arguments brought forward on the days so fixed. LimitationBy insertion of Rule 15A in Order 33 CPC by amending Act, 1976, it is provided that the suit in respect of indigent person shall be deemed to have been instituted on the date on which the application was presented. Whenever an application to sue as an indigent person is refused by the Court, the Court shall allow such person to pay the Court-fee and the costs if any within such time as may be fixed by the Court. 3. DispauperingUnder the provisions of Order XXXIII, Rule 9, of the Code of Civil Procedure, the Court may, under certain circumstances order a plaintiff to be dispaupered. 4. Copy of decree to be sent to CollectorOrder XXXIII, Rule 14, directs that where an order is made under Rules 10, 11, or 12, the Court shall forthwith forward a copy of the decree to the Collector.
(f) Suits for Redemption and Foreclosure of Mortgages

1. Notice to mortgagor, conditional sale in case of land not permittedThe law regulating the procedure in cases where the morgagee whose mortgage-deed also contains a provision for conditional sale, desires to foreclose the mortgage is often misunderstood. Regulation XVII of 1806 is still be law on the subject. It will be seen that, whatever the terms of conditional sale the mortgagee cannot enforce them till he has, by summary petition to the Court, caused notice to be served on the mortgagor to the effect that, if the later does not pay the sum secured within one year, the mortgage will be held foreclosed. After the lapse of this year, and not till then the mortgagee can sue for possession, as owner or, if in possession, to be declared owner in accordance with the term of the mortgage. 2. Court competent to hearOnly a District or Additional Judge can deal with applications under Sections 7 and 8 of Regulation XVII, of 1806. The procedure prescribed in the Regulation should be very strictly observed as otherwise the notice may have no legal effect. 3. Dismissal for defaultAccording to Order IX, Rule 9, of the Civil Procedure Code (as amended by the High Court), when a suit for redemption is dismissed in default under Order IX, Rule 8, the plaintiff is not precluded from bringing another suit for redemption of the mortgage.

4. Summary procedure for redemptionThe Redemption of Mortgages (Punjab) Act, 1913, provides a summary procedure for redemption of land through the Collector in the State. But any party aggrieved by the decision of the Collector, can under certain circumstances institute a suit in a Civil Court to establish his right {see Section 12 of that Act).
(g) Suits for Declaratory Decrees

1. Issue as to possessionThe proviso to Section 42 of the Specific Relief Act lays down that a declaratory decree cannot be passed in a case in which other relief than a mere declaration can be sought. Hence in a suit for a declaration of title to immovable property, where the defendant denies that the plaintiff was in possessions of the property on the date of the suit, the Court should first of all decide this point. If it is found that the plaintiff was not in possession of the property on the date of the institution of the suit, his suit must fail unless the Court, having regard to all the circumstances allows the plaint to be amended. 2. All issues to be framedThese instructions are not to be taken to imply that the whole of the pleadings should not be exhausted and issues drawn on all points of conflict between the parties at the first hearing, but that at the trial of the issues, the issue as to possession should be first tried and disposed of where this can be conveniently done.
(h) Suits for accounts

1. Account may be preferably taken after disposal of other pointsOrder XX, Rule 16, of the Code directs that in all suits where it is necessary in order to ascertain the amount of money due to or from any party, that an account should be taken the Court shall before passing its final decree pass a preliminary decree directing such accounts to be taken as it thinks fit. This is the general rule though where the matter appears to be simple the Court may pass a final decree straightaway. 2. Filling of accounts and evidenceAt the time of passing the preliminary decree, directing the rendition of accounts, the Court should decide the rights of the parties and as to who the accounting parties are and for what period the accounts are to be taken. In case of partners, their respective shares in the profits and loss of the joint business should be stated. Under Order XX, Rule 17, the Court can also give directions, in the preliminary decree or by any subsequent order, as to the mode in which the accounts have to be taken or vouched and may in particular direct that books of accounts shall be taken as prima facie evidence of the truth of the matters therein contained; with liberty to the interested parties to object to any portion of this account. In partnership cases books of account should be treated as prima facie evidence of the truth of the matters stated therein under the general law and a special direction in this regard is not necessary. 3. CommissionAfter the preliminary decree the Court may go into the accounts itself but in cases where the accounts are lengthy or complicated it may be helpful to issue a Commission for the purpose. Rules 11 and 12 of Order XXVI indicate that the Commission may be for examination and adjustment of accounts only or the Commissioner may also be asked to report his opinions on the points referred for his examination. When the Court decides to issue a Commission, his duties shall be stated with precision and particularity. The Commissioner is

neither an arbitrator nor the Judge and the determination of any issue in the case cannot be delegated to him. The Commissioner is to place himself as an assistant to the Court so as to explain the accounts and give to the Court all the information which the accounts give in order to enable the Court to decide; unless he is also ordered to report under Order XXVI, Rule 12(1) his own opinion on the points referred to for his examination. 4. Directions to Commissioner(1) If in any suit or matter it is necessary to take an account the order or preliminary decree of the Court shall contain the following direction as far as in the opinion of the Court issuing the commission they are adopted to the requirements of the case: (a) The nature of the account to be taken. (b) The date from which and the date to which the account is to be taken. (c) The name of the party by whom a statement of account is to be filed. (d) The period within which the statement of account, objection and surcharge are to be filed. (e) The date on which the Commissioner is to submit his report. (f) Any other matter on which the Court may think it necessary to give, or the Commissioner may desire to obtain, its instructions. (2) The statement of account shall be in the form of a debtor and creditor account and shall be verified by the accounting party or his agent. The items on each side of the account shall be numbered consecutively and a balance shall be shown. (3) The statement of an objection to an account, or to the report of a Commissioner, shall specify the items to which objection is taken by reference to their number in the account or report, or the date of the item and page of a particular book of account. (4) The statement of surcharge shall specify the amount with respect of which it is sought to charge the accounting party, the date when, the person from whom, and the particular account on which, the same was received by him. (5) The statement of objection or surcharge shall also state (a) the grounds of each objection and surcharge, and (b) the balance, if any, admitted or claimed to be due; and it shall be verified by the affidavit of the party concerned or his agent. (6) If any party fails to file his statement of account or objection and surcharge, within the period allowed, the Commissioner shall report the fact to the Court, and on application of defaulting party, the Court, may extend the period or direct the Commissioner to proceed ex parte as regards such party or direct any other party to file a statement of account, or the Court may proceed to decide the suit forthwith on the evidence before it. Evidence shall not be admitted with respect to an objection or surcharge not included in a statement of objection or surcharge.

(7) If the Commissioner is unable to submit his report within the time fixed by the Court he shall apply to the Court for an extension of the time giving reasons thereof and the Court may extend the time or cancel the Commission and appoint a new Commissioner. (8) When the case before him is ready for hearing, the Commissioner shall after reading the statement filed before him and after examining the parties, if necessary, ascertain the points on which the parties are at issue and require them to produce their documentary or oral evidence on such points. (9) After the evidence has been duly taken and the parties have been heard, the Commissioner shall submit his report together with a statement in the form of a diary of the proceedings heard before him each day. If he is empowered under Order XXVI, Rule 12(1) to state his opinion on the matter referred to him he shall append to his report schedules setting out (a) the contested items allowed or disallowed, (b) the reasons for allowing or disallowing them, (c) the amount found due, (d) the name of the party to whom it is due, and (e) the name of the party by whom it is due.
(i) Procedure in Hadd-Shikni cases

1. Local inquiryIn Hadd-Shikni suits and other suits of boundary disputes of land falling within the jurisdiction of a Civil Court it is generally desirable that enquiry be made the spot. This can usually be done in the following ways: (a) by suggesting that one party or other should apply to the Revenue Officer to fix the limits, under Section 101 (1) of the Punjab Land Revenue Act. Time for such purpose should be granted under Order XVII, Rule 3, of the Code of Civil Procedure; (b) by appointing a local Commissioner; and (c) by the Court itself making a local enquiry. 2. Enquiry by Revenue OfficerAn order of the Revenue Officer made under Section 101 of the Land Revenue Act is not conclusive; but when his proceedings have been held in the presence of, or after notice to, the parties of the suit, and contain details of enquiry and of the method adopted in arriving at the result it would be a valuable piece of evidence. It may be noted that an Assistant Collector of the second grade can deal with cases in regard to boundaries which do not coincide with the limits of an estate. 3. Appointment of CommissionerSimilarly the report of the local Commissioner should contain full details so that the Court may satisfactorily deal with the objections made against it. No person other than a Revenue Officer (or retired Revenue Officer) not below the rank of a Field Kanungo should usually be appointed a local Commissioner. The appointment of retired Revenue Officers is to be preferred as these Officers have the spare time and the inclination for completing the work with expedition. A commission issued to a Revenue Officers in service necessitates the obtaining of permission of the higher authorities and this along with the fact that such Revenue Officers are usually busy often results in delay in the disposal of the case. The

wishes of the parties in regard to the appointment of a particular individual as Commissioner for local investigations should be taken into consideration while making such appointments. 4. Instructions for the guidance of CommissionersOn the motion of the Judges, the Financial Commissioners have issued the following detailed instructions for the guidance of Revenue Officials or Field Kanungos appointed as Local Commissioner in Civil suits of this nature.
Financial Commissioners Instructions

(i) If a boundary is in dispute, the Field Kanungo should relay it from the village map prepared at the last Settlement. If there is a map which has been made on the square system he should reconstruct the squares in which the disputed land lies. He should mark on the ground on the lines of the squares the places where the map shows that the disputed boundary intersected those lines, and then to find the position of points which do not fall on the lines of the squares. He should with his scale read on the map, the position and distance of those points from a line of a square, and then with a chain and cross staff mark out the position and distance of those points. Thus he can set out all the points and boundaries which are shown in the map. But if there is not a map on the square system available, he should then find three points on different sides of the place in dispute as near to it as he can, and if possible, not more than 200 kadams, apart which are shown in the map and which the parties admit to have been undisturbed. He will chain from one to another of these points and compare the result with the distance given by the scale applied to the map. If the distances, when thus compared, agree in all cases, he can then draw lines joining these three points in pencil on the map and draw perpendiculars with the scale from these lines to each of the points which it is required to lay out on the ground. He will then, lay them out with the cross-staff as before and test the work by seeing whether the distance from one of his marks to another is the same as in the map. If there is only a small dispute as to the boundary between two fields the greater part of which is undisturbed then such perpendiculars as may be required to points on the boundaries of these fields as shown in the field map can be set out from their diagonals, as in the field book and in the map, and curves made as shown in the map. (ii) In the report to be submitted by him, the Field Kanungo must explain in detail how he made his measurements. He should submit a copy of the relevant portion of the current Settlement field map of the village showing the fields, if any, with their dimensions (Karu kan) of which he took measurements, situated between the points mentioned in Instruction No. (i) above and the boundary in dispute. This is necessary to enable the Court to follow the method adopted and to check the Field Kanungos proceedings. (iii) If a question is raised as to the position of the disputed boundary according to the field map of the Settlement preceding the current Settlement that also should be demarcated on the ground, so far as this may be possible, and also shown in the copy of the current field map to be submitted under Instruction No. (ii). (iv) On the same copy should be shown also, the limits of existing actual possession. (v) The areas of the fields, abutting on the boundary, in dispute, as recorded at the time of the last Settlement and those arrived at as a result of the measurement on the spot should be mentioned

in the Field Kanungos report with an explanation of the cause or causes of the increase or decrease, if any, discovered. (vi) When taking his measurements the Field Kanungo should explain to the parties what he is doing and should enquire from them whether they wish anything further to be done to elucidate the matter in dispute. At the end, he should record the statements of all the parties to the effort that they have seen and understood the measurements that they have no objection to make to this (or if they have any objection he should record it together with his own opinion) and that they do not wish to have report comes before the Court, one or other party impugns the correctness of the measurements and asserts that one thing or another was left undone. This raises difficulties which the above procedure is designed to prevent. (vii) The above instructions should be followed by Revenue Officers of Field Kanungos whenever they are appointed by a Civil Court as Commissioners in suits involving disputed boundaries.
18

Suits relating to matters concerning the family

Order 32A has been newly inserted by the CPC (Amendment) Act 104 of 1976. This new Order lays down the procedure for suits concerning family matters. For the purposes of this Order each of the following shall be treated as constituting a family, namely: (a) Any man and his wife living together and any child or children, being issue of theirs or being maintained by such man or his wife. (b) A man not having a wife or not living together with his wife any child or children, being issue of his and any child or children, being maintained by him; (c) A woman not having a husband or not living together with her husband, any child or children being issue of heirs, and any child or children being maintained by her; (d) A man or woman and his or her brother, sister, ancestor or lineal descendant living with him or her; and (e) Combination of one or more of the groups specified in above clauses. By insertion of explanation it is made clear that concept of family is not affected by any personal law or in any other law for the time being in force. (Rule 6, Order 32A). Suits concerning family matters: Sub-rule (2) of Rule 1, Order 32A provides the following suits or proceeding concerning the family: A suit or proceeding (a) for matrimonial relief;

(b) for declaration as to the legitimacy of any person; (c) for the guardianship of the person or the custody of any minor or other member of the family, under a disability; (d) for maintenance; (e) for the validity or effect of an adoption; (f) for wills, intestacy and succession; (g) for any other matter concerning the family in respect of which the parties are subject to their personal law.
Part N]

Part N MISCELLANEOUS NOTIFICATIONS, ETC. General Remarks

1. All references in Government Notification to the Chief Court of the Punjab or High Court of judicature at Lahore or East Punjab High Court at Simla shall be construed as referring to the Punjab High Court at Chandigarh. 2. All references in the Notifications to the Lieutenant-Governor, Lieutenant-Governor in Council, Local Government and Governor in Council shall be construed as referring to Punjab Government. 3. All references in the notifications to the Governor-General of India in Council, GovernorGeneral of India, Governor-General in Council, Governor-General, Government of India shall be construed as referring to Central Government or the President as the case may be.
I. Court Language

1. (a) English has been declared to be language of the High Court (Vide Punjab Government Notification No. 316-G, Dated the 18th January 1906). (b) The language of the Courts of subordinate to the High Court shall be (i) Hindi in Devnagri script in the Hindi Region and Punjabi in Gurmukhi script in the Punjabi Region; (ii) Hindi, Punjabi and Urdu is the language of Union Territory at Chandigarh. Provided that English shall continue to be used for those Court purposes within the State for which it was being used immediately before the 2nd October, 1962.

ExplanationThe expressions Hindi Region and Punjabi Region shall have the meaning assigned to them in the Punjab Regional Committees Order, 1957. (Vide Punjab Government Notification 69 (234)-4J-62/42279, dated the 28th September, 1962). (c) Punjabi in Punjab and Hindi in Haryana, Himachal Pradesh and Union Territory at Delhi and Chandigarh shall be the language in Revenue Courts subordinate to their respective High Courts.
II. Powers under Sections 91 and 92 of the Code of Civil Procedure

The powers conferred by Sections 91 and 92 of the Civil Procedure Code on the AdvocateGeneral may be exercised by all Deputy Commissioners in the Punjab. (Punjab Government Notification No. 1-E, dated the 1st January, 1909).
III. Extension of certain provisions of the Transfer of Property Act to Punjab

(a) Punjab Government, Revenue Department, Notification No. 1433-St., dated the 14th September, 1940In exercise of the powers conferred by Section 1 of the Transfer of Property Act, IV of 1882, the Governor of the Punjab is pleased to direct that the provisions of Section 129 of the said Act, shall be extended to the following areas in the Punjab, namely (1) all Municipalities, and (2) All Notified Areas notified under Section 241 of the Punjab Municipal Act, 1911. (b) Punjab Government, Revenue Department, Notification No. 1605- R (CH)-55/589, dated the 26th March, 1955.. In exercise of the powers conferred by Section 1 of the Transfer of Property Act, IV of 1982, and all other powers enabling him in this behalf, the Governor of Punjab is pleased to extend the provisions of Sections 54, 107 and 123 of the said Act with effect from the 1st April, 1955, to the entire State of Punjab. Punjab Government Notification No. 183St., dated the 27th April 1935, is hereby cancelled. 1. Order 1, Rule 8 substituted by CPC Amendment Act No. 104 of 1976. 2. Order 6 Rule 14A inserted by CPC Amendment Act No. 104 of 1976. 3. Due to the changes made by CPC Amendment Act of 1976. 4. Rule 11 substituted by Act No. 104 of 1976. 5. Order VII, Rule 9 inserted by Act No. 104 of 1976. 6. Heading substituted by Act No. 104 of 1976. 7. Order VIII as amended by Act No. 104 of 1976.

8. As inserted by Act No. 104 of 1976. 9. Order XI, Rule 21 amended by Act No. 104 of 1976. 10. Substituted due to amendment of Order VIII Rule 1 by CPC Amendment Act No. 104 of 1976. 11. Added vide Notification No. 202/Rules/DHC dated 14-12-2001. 12. Rule 4 deleted vide Notification 61/Rules/DHC dated 21-4-1998. The text of deleted Rule is as under:
4. Adjournment caused by absence of the Judge or unexpected holiday On the occurrence of an unanticipated holiday or in the event of the Presiding Officer of a Court being absent owing to sudden illness or other unexpected cause, all cases fixed for the day in question shall be deemed to have been automatically adjourned to the next working day when the Presiding Officer is present and it shall be the duty of the parties or their counsel (but not of witnesses) to attend Court on that day. Whenever possible the Presiding Officer, should as soon as may be, fix fresh dates in cases fixed for the date which is declared a holiday or for which he has obtained leave, and issue notices to the parties, their counsel and witnesses, of the fresh dates fixed. In the case of a Small Cause Court where there are Additional Judges, the provisions of sub-section (4) of Section 8 of the Provincial Small Cause Court Act (IX of 1887) should be followed.

13. Substitution in view of amendment made by Act No. 104 of 1976. 14. Notification No. 2461-J-36/16796, dated the 26th May, 1936. 15. Substituted in view of amendment made by Act No. 104 of 1976. 16. Substituted in view of insertion of Rule 7 (1A) in Order 32 CPC by Act No. 104 of 1976. 17. Substituted in view of insertion of Rule 5 in Order 33 CPC by Act No. 104 of 1976. 18. Added due to insertion of Order 32A CPC by Act No. 104 of 1976.

CHAPTER 2
Ch. 2

Jurisdiction
Part A]

Part A JURISDICTION OF CIVIL COURTS

1. GeneralThe first question which a Court in which a suit or other proceeding is instituted has to consider, is whether it has jurisdiction to hear and decide it. In view of Section 9 of the Code of Civil Procedure the Courts have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. But this general rule is subject to various limitations, depending upon the nature, value, or the locality of the subjectmatter the residence of the defendant and so forth. 2. Pecuniary limitsThe District Judge, Additional District Judge and Subordinate Judge of the 1st class have jurisdiction to hear suits without any limits as to their value. In the case of Subordinate Judges of a power class, however, jurisdiction depends, inter alia, on the value of the suit. The value of a suit for purposes of jurisdiction has to be calculated in accordance with the provisions of the Suits Valuation Act and the rules thereunder. 3. Special jurisdictionUnder certain enactments. Courts of Subordinate Judges have no jurisdiction at all to take cognizance of proceedings under those enactments (e.g., under the Companies Act, 1956, the Indian Divorce Act, 1869, etc.). There are proceedings under certain other enactments of which subordinate Judges can take cognizance only if specifically empowered in that behalf (see e.g., Section 4-A of the Guardians and Wards Act, 1890, Section 388 of the Indian Succession Act etc.) 4. Other matters governing jurisdictionSection 15 of the Civil Procedure Code lays down that every suit must be instituted in the Court of the lowest grade having jurisdiction to hear it. Sections 16 and 17 lay down certain restrictions as to the locality where certain suits affecting immoveable property can be instituted. Section 20 lays down a further restriction that a suit must be instituted where one or more of the defendants actually and voluntarily reside or carry on business or personally work for gain or where the cause of action arises, Wholly or in part. 5. Jurisdiction barred by Small Causes Courts ActWhen a Court of Small Causes under the Provincial Small Causes Courts Act, 1887, has jurisdiction in any locality, ordinary Civil Courts cannot try suits, which are cognizable by that Court unless it is expressly provided otherwise by the aforesaid Act or any other enactment (see Section 16 of the Provincial Small Causes Courts Act, 1887).

6. Jurisdiction where defendant sets up a claim which is beyond pecuniary jurisdiction of the CourtIt sometimes happens that though a suit is prima facie within the jurisdiction of a Court it becomes necessary to order the payment of an amount which is more than the limits of the pecuniary jurisdiction of the Court. In suits for pre-emption of land or suits challenging alienations under custom the value for purposes of jurisdiction may be such less than the amount for which the alienation has taken place. In such cases where the Court has to order the payment of a higher amount than its pecuniary jurisdiction it should report the case to the District Judge for its transfer to a Court of competent jurisdiction. The Senior Sub-Judge should also keep the scale and mortgage amount in view at the time of distribution of such cases to various Courts. 7. Jurisdiction in respect of persons amenable to Military LawFor the jurisdiction of Civil Courts in respect of persons amenable to Military Law.
Part B]

Part B JURISDICTION OF CIVIL AND REVENUE COURTS

1. Matter raised in defence which is solely triable by Revenue CourtIf in a suit which, as framed, is within jurisdiction of a Civil Court, a defendant raises a plea with respect to a matter which can be taken cognizance of only by a Revenue Court the procedure laid down in the proviso to sub-section (3) of Section 77 of the Punjab Tenancy Act must be followed and the plaint returned for presentation to the Collector. 2. Suit for correction of entries in Revenue recordsA civil suit will not lie for the correction of an entry in a Record of Rights, or Annual Record under Section 158(2)(vi). Any person, however, considering himself aggrieved as to any right of which he is in possession by such an entry may institute a suit for a declaration of his right under Chapter VI of the Specific Relief Act, 1877 (Vide Section 45 of Punjab Land Revenue Act). 3. Question of title arising in land partition proceedings before Revenue OfficersA Civil Court can only entertain a suit relating to a dispute as to title in revenue-assessed land arising in partition proceedings when a Revenue Officer declines to determine the question himself as though he were a Civil Court and refuses to proceed to partition until the question is determined by a competent Court. The plaint should therefore, refer to the order of the Revenue Officer, made under Section 117, sub-section (1), of the Punjab Land Revenue Act, 1887, and the Civil Court should satisfy itself that an order giving it jurisdiction has been so made. A copy of such order accompany to plaint. 4. Reference to Civil Court by Revenue CourtSection 98 of the Punjab Tenancy Act, 1887, contains a provision empowering a Revenue Court to refer any party to a Civil suit for settlement of any question which the Revenue Court considers proper for decision by a Civil Court. Such reference must be by an order in writing, and such order must have the previous sanction of the Controlling Revenue Court, if any. 5. Reference to High Court in cases of doubt as to jurisdiction of Civil or Revenue Court Provision has been made for the disposal by reference to the High Court of cases in which doubts may arise as to whether the Civil or Revenue Courts have jurisdiction, and for the registration in

the proper Court of decrees passed under a misapprehension as to jurisdiction by either a Revenue or a Civil Court. These provisions will be found in Sections 99 and 100 of the Punjab Tenancy Act. The rules under this head will be found in Chapter 15, References to the High Court. 6. Succession to occupancy holdingSuits relating to succession to occupancy holdings, under Section 59 of the Punjab Tenancy Act, lie in the Civil Courts. 7. Hadd-Shikni casesHadd-Shikni cases are triable by Civil Courts. Section 158, sub-section 2(1) of Punjab Land Revenue Act of 1887 does not apply to such cases. That section merely means that a Civil Court is not competent to question the decision of a Revenue Officer as to the delimitation, for the purposes of the Punjab Land Revenue Act, of land which is occupied as the site of a town or village and is not assessed to land revenue.

CHAPTER 3
Ch. 3

Valuation of Suits
Part A]

Part A GENERAL

1. GeneralIt should be remembered that the value of a suit for the purposes of the Court-fees Act, 1870, and its value for the purposes of jurisdiction are not necessarily identical, and are frequently very different. The value for the purposes of Court-fee is determined by the Courtfees Act, 1870 (as amended), and for purposes of jurisdiction by the Suits Valuation Act, 1887, and the rules, made thereunder. In certain classes of suits the value for the purposes of Court-fee also can be fixed by rules under Section 9 of the Suits Valuation Act. 2. Part I of Suits Valuation Act extended to PunjabPart I of the Act was extended to this State by Central Government, Home Department, Notification No. 210, dated the 20th February, 1889, and the Punjab Government has made rules under Section 3 of the Act determining the value of land and of certain interests therein, for purposes of jurisdiction in the suits mentioned in the Court-fees Act, 1870, Section 7, paragraphs (v) and (vi) and paragraph (x), clause (d), which are republished in Part D of this Chapter. 3. Rules under Section 3 of the Act apply to all classes of land in the PunjabNo restrictions under Section 3, sub-section (2), of the Suits Valuation Act have been imposed as to the classes of land to which the rules apply, or as to the local extent of their operation, and they apply, therefore to all land generally throughout the State, whether assessed to land revenue or not. 4. Land suits falling under Section 7(iv) or Article 17, 22, Schedule II of the Court-fees ActSection 4 of the Suits Valuation Act provides that, where a suit mentioned in the Courtfees Act, Section 7 paragraph (iv), or Schedule II, Article 17 or 22, relates to land or an interest in land, of which the value has been determined by the rules made under Section 3, the amount and which the relief sought in the suit is valued for purposes of jurisdiction should not exceed the values of the land or interest as determined by those rules. 5. Other suits under Section 7 of Court-fees ActThe suits falling under the Court-fees Act, Section 7, paragraphs (i), (ii), (iii), (iv), (vii), (viii), (x) (a), (b), and (c); and (xi) (a) to (f), inclusive, are either such as are subject to an ad valorem (according to value) Court-fee in regard to which the value for the purposes of computing the Court-fee and the value for the purpose of

determining jurisdiction are under Section 8 of the Suits Valuation Act, 1887, the same; or suits deals with by direction made by the High Court under Section 9 of the Suits Valuation Act. 6. Value of suits governed by rules made under Section 9, Suits Valuation ActSection 8 of the Suits Valuation Act gives the general rule as stated above, but when the value of a suit for purposes of jurisdiction and Court-fees is determined by rules under Section 9 (ibid), the value as determined by the rules must be accepted. 7. Plaint should show value for purposes of Court-fees and jurisdictionIn order to guard against mistakes as to the value of suit for purposes of jurisdiction and of Court-fees, respectively, every plaint ought upon its face to show the value for purposes of jurisdiction as well the value for the purposes of computing Court-fees. The former information is requisite in order that the Court may determine whether the plaint should be returned under Order VII, Rule 10, of the Code of Civil Procedure. When a plaint omits to disclose the value of the suit for the purposes of jurisdiction, the person presenting it should be questioned, and answer recorded on the plaint, unless he consents to amend it then and there. 8. Value in cases governed by Section 7(iv) and Schedule II, Article 17 of the Court-fees ActSpecial care is necessary with respect to cases falling under the provisions of Section 7, Paragraph (iv) and Schedule II, Article 17, of the Court-fees Act in valuing suits for the purposes of jurisdiction and Court-fees. A table showing the value of different classes, of suits for purposes of jurisdiction and Court-fees, following the classification of suits in the Court-fees Act, has been prepared and attached to this Chapter. It must be clearly understood, however, that this table in itself has no legal force, and that is merely intended for ready reference by the Courts in dealing with questions of value. 9. Value of certain suits left to judicial decisionThere is no express provision in the Suits Valuation Act, 1887, in regard to the classes of suits mentioned below and they do not admit of being disposed of by rules under Part I, nor are they dealt with by directions under Part II of the Act. The valuation of such suits, therefore, must be left to judicial decision, as occasion arises. The suits are: suit for houses; suits for pre-emption in respect of houses; suits for removal of attachment of houses; suits falling under Schedule II, Article 17, Clause (iv), which are not provided for by the rules under Section 3 or directions under Section 9, or by Section 4 of the Suits Valuation Act; suits falling under Section 7, sub-section (x), clause (d) of the Court-fees Act, and relating to property other than land. 10. Fixing valuation not necessary in certain casesIn the case of some classes of suits or petitions, e.g., suits under Section 28 of the Sikh Gurdwaras Act, 1925, or petitions under the Guardians and Wards Act, 1890, the law allows no choice as regards the Court in which

proceedings must be taken. There is, therefore, no necessity in such cases to fix any valuation for the purpose of determining jurisdiction.
Part B]

Part B VALUE OF THE SUBJECT-MATTER OF SUITS FOR THE PURPOSES OF APPEAL

1. GeneralUnder the Punjab Courts Act, 1918, the number of appeals in a suit and the Court of Appeal are determined partly by the nature of the suit and partly by its value; and serious inconvenience results to Judges of superior Courts, as well as Suitors when the record of the original Court does not disclose the value of the suit. The value of the suit as fixed by the plaintiff or as determined by the Court in the event of its being disputed should, therefore, be always stated on the face of the final judgment and the decree in the suit. The term value, as used in the Punjab Courts Act with reference to a suit, means the amount or value of the subject-matter of the suit. 2. Valuation should be stated in judgment and decree. Meaning of valueWhen the copies filed with the memorandum of appeal do not dispose the value, the Appellate Court should, if in doubt, send for the record, which may show the value. In all cases in which the record does not show the value, the Appellate Court must ascertain and determine whether the value of the suit as instituted (not the value of the subject matter of appeal) does or does not exceed the limits of its appellate jurisdiction. 3. Objections as to valueWhen either the appellant or the respondent takes exception to the valuation determined by the lower Court, the point must be decided like any other point taken in appeal or by way of cross-objection. It should be noted, however, that according to Section 11 of the Suits Valuation Act, no objection as to valuation can be entertained in appeal unless it was taken in the trial Court before the issue were framed and recorded; or in the lower Appellate Court, in the memorandum of appeal to that Court and unless the Appellate Court is satisfied (for reasons to be recorded in writing) that the suit or appeal was not properly valued, and that the mistake in valuation had prejudicially affected the disposal of the suit or appeal on merits. This rule applies in all cases of erroneous valuation except in suits for accounts where value for purposes of jurisdiction as determined by the Court at any stage shall be final and conclusive and shall not be liable to be contested in appeal or revision (Punjab Act XIII of 1942). In this connection also please see A.I.R. 1952 Punjab 200. 4. Suits for accountsIn a suit for the amount found to be due after taking accounts, it is not the tentative valuation of the plaintiff but the amount found to be due and decreed by the Court, that determines the forum of appeal (I.L.R. XI Lah. 23). 5. Suits for redemption of mortgageThe valuation of a suit for redemption of mortgaged property is now governed by rules framed under Section 9 of the Suits Valuation Act, 1887. (Vide Rule 9 of Part C of this Chapter). This rule governs only the value for the purposes of the

suit and for the purposes of the appeal the rule laid down by a Full Bench of the High Court in I.L.R. VII Lahore 570, still holds good. In I.L.R. 1954 Punjab 342 (D.B.) it has been held, following I.L.R. VII Lahore 570, that the forum of appeal in a redemption suit is governed, not by the original jurisdictional value of the suit but by the amount which is found by the Court to be due. Where the amount of the jurisdictional value in appeal is over [Rs. 20 lakhs] the appeal under the Punjab Courts Act, 1918, lies to the High Court and not to be the District Judges Court.
1

COMMENTS In the absence of any legislative enactment or statutory rule the valuation of a suit depends upon the value of the subject matter which in a redemption suit is the amount which the mortgagor should, before recovering the mortgaged property, pay to the mortgagee, and this depends upon the adjudication of the Court and not on the valuation given by the plaintiff which can be regarded as only a tentative valuation and is subject to the decision of the Court. Jaswant Ram and Others v. Moti Ram and Others, (1926) I.L.R. VII Lah. 570. (Hazara Singh v. Lal Singh, 63 P. R. 1891, and Muhammad Khan v. Ashok Muhammad Khan, 106 P. R. 1895 (F. B.), overruled.) (Mussammat Rajo v. Dasu, 44 P. R. 1888 (F. B.), Muhammad Afzal Khan v. Nand Lal, 16 P. R. 1908 (F. B.), and Abdur Rahman v. Charag Din, 19 P. R. 1908 (F. B.), approved.) (Kedar Singh v. Motabadal Singh, (1908) I.L.R. 31 All. 44, and Jalaldeen Marakayar v. Vijayaswami, (1915) I.L.R. 39 Mad. 447 differed from.)
Part C]

Part C MANNER OF DETERMINING THE VALUE OF SUITS FOR PURPOSES SPECIFIED IN SECTION 9 OF THE SUITS VALUATION ACT, 1887 Rules

Rules made by the High Court with the previous sanction of the State Government, under the powers conferred by Section 9 of the Suits Valuation Act, 1887, and all other powers in that behalf, for determining for the purposes specified therein, the value of the subject-matter of certain classes of suits which do not admit of being satisfactorily valued, and for the treatment of such classes of suits as if their subject-matter were of the value as hereinafter stated: 1. (i) Suits in which the plaintiff in the plaint asks for a decree against the other party to an alleged marriage, either alone or with other defendants, for restitution of conjugal rights. (ii) Similar suits for a decree establishing, annulling or dissolving a marriage or for a declaration that a marriage is void or has been annulled, dissolved or otherwise terminated. (iii) suits in which the plaintiff in the plaint ask for a decree establishing an adoption or declaring it void including under the expression appointment customary appointment of an heir Rs. Value (a) for the purposes of the Court-fees Act, 1887...200 (b) for the purposes of the Suits Valuation Act, 1887, and the Punjab Courts Act, 1918 ...1,000 ExplanationClasses (i) and (ii) do not include petition under any special Act relating to the dissolution of marriage.

2. Suits by a plaintiff, during the lifetime of a person alleged to have a restricted power of alienation in respect of immovable property, in which the plaintiff in the plaint seeks to have an alienation of immovable property made by such person declared to be void, except for the life of such person or for some other determinate period: Value(a) For the purposes of the Court-fees Act, 1870as determined by that Act. (b) For the purposes of the Suits Valuation Act, 1887, and the Punjab Courts Act, 1918: (i) When the alienation is by a written instrument which declares the value of the interest purporting to be created, or the amount of the consideration for which the alienation is made such value or amount. (ii) In other casesthe market value, at the date of the institution of the suit, of the property alienated. Subject in either case to the provisions of Part I of the Suits Valuation Act, 1887, and of the rules in force under the said Part, so far as those provisions are applicable. 3. Suits in which the plaintiff in the plaint asks for accounts only not being: (i) Suits to recover the amount which may be found due to the plaintiff on taking unsettled accounts between him and the defendant. (ii) Suits of either of the kinds described in Order XX, Rule 13 of the Code of Civil Procedure. Rs. Value (a) For the purposes of the Court-fees Act, 1887.200 (b) For the purposes of the Suits Valuation Act, 1887, and the Punjab Courts Act, 1918..1,000 4. (i) Suits in which plaintiff in the plaint seeks to recover the amount which may be found due to the plaintiff in taking unsettled accounts between him and the defendant.
COMMENTS Although the Punjab High Court has framed rules under Section 9 of the Suits Valuation Act which are applicable to the Union Territory of Delhi, such rules do not lay down any standard of valuation with regard to suits coming under Section 7(iv) of the Court-fees Act. Under Rule 4(i) of High Court Rules, the value of suit for accounts for purposes of Court-fee will be as determined by the Court-fees Act, which means that the valuation of the relief will have to be made by the plaintiff under Section 7(iv)(f) of the Court-fees Act. In a suit for accounts it is almost impossible for the plaintiff to value the relief correctly, so tentative valuation by plaintiff should be accepted by Court. M/s. Commercial Aviation and Travel Company v. Mrs. Vimla Pannalal, AIR 1988 S.C. 1636. Suit for permanent injunction, infringement of copy right and passing off.Value of relief for the purpose of jurisdictionNo doubt law provides that in case of relief for rendition of account when the amount is not ascertained the plaintiff cannot be asked to give a specific and ascertained figure of the amount on which relief is sought in the suit. But that does not give a licence to

plaintiff to give a wholly arbitrary and unreasonable figure so as to divest a Court which has got the jurisdiction to try the suit and to invest a Court which would not have the jurisdiction to try the suit by giving a higher valuation so as to bring suit within the pecuniary jurisdiction of this Court. Wockhardt Veterinary Ltd. v. M/s. Raj Medicos, 1998 (6) AD (Delhi) 1 : 1998 RLR 353.

(ii) Suits of either of the kinds described in Order XX, Rule 13 of the Code of Civil Procedure:
(a) Value for the purpose of Court-fee Value for the purpose of jurisdiction (a) As determined by the Court-fees Act, 1870. For the purposes of the Suits Valuation Act, 1887, and the Punjab Courts Act, 1918, as valued by the plaintiff in the plaint, subject to determination by the Court at any stage of the trial.

(a)

(b)

5. Suits in which the plaintiff in the plaint seeks to establish or to negative any right hereinafter mentioned, with or without an injunction, and with or without damages, namely: a right of way; a right to open or maintain or close a door or a window, or a drain, or a water spout (parnala); a right to or in a water course or to the use of water; a right to build, or raise alter or demolish a wall; or to use an alleged party wall or joint staircase: Value (a) For the purpose of the Court-fees Act, 1870 : Rs. (i) Suits to establish a right whether or not injunction is for 130 (ii) Suits to establish a right and for damages whether or not injunction is prayed for 130 Plus such sum as is claimed as damages. (b) For the purposes of the Suits Valuation Act, 1887, and the Punjab Courts Act, 1918, as for the purposes of the Court-fees Act, 1870. 6. Suits in which the plaintiff in the plaint seeks to set aside an award and applications registered as suits under the provisions of Sections 20 and 31 of the Indian Arbitration Act, X of 1940 (to file an agreement to refer to arbitration or to file an award), when or so far as the award or the agreement relates to property: Value(a) For the purposes of the Court-fees Act, 1870, as determined by that Act. (b) For the purposes of the Suits Valuation Act, 1887, and the Punjab Courts Act, 1918 (as amended), the market value of the property in dispute, subject to the provisions of Part I of the Suits Valuation Act, 1887, and of the rules, in force under the said Part, so far as those provisions are applicable.

7. Suits in which the plaintiff in the plaint asks for a mere declaration without any consequential relief in respect of property other than land assessed to land revenue. Value(a) For the purposes of the Court-fees Act, 1887, as determined by that Act. (b) For the purposes of the Suits Valuation Act, 1887, and the Punjab Courts Act, 1918the market value of the property in dispute, at the date of institution of the suit, subject to the provisions of Part I of the Suits Valuation Act, 1887, and the rules in force under the said Part, so far as those provisions are applicable. 8. Suits for partition of property Court-fee(a) As determined by the Court-fees Act, 1870. Value(b) For the purposes of the Suits Valuation Act, 1887 and the Punjab Courts Act, 1918 the value of the whole of the property as determined by Sections 3, 8 and 9 of the Suits Valuation Act, 1887.
COMMENTS Value for purpose of jurisdiction is value of whole property sought to be partitioned. Jagdish Pershad v. Joti Pershad, 1975 Raj LR 230 : 1975 ILR (Del.) 841.

9. Suits in which the plaintiff in the plaint asks for redemption of the property mortgaged or foreclosure of the mortgage: Value(a) For the purposes of the Court-fees Act, 1870as fixed by Section 7(ix) of that Act. (b) For the purposes of the Suits Valuation Act, 1887, and the Punjab Courts Act, 1918the amount of the principal and interest calculated on the terms of the mortgage at the date of the institutions of the suit. 10. Suits in which the plaintiff asks for cancellation of a decree for money or other property having a money value, or other document securing money or other property having such value: Value(a) For the purposes of the Court-fees Act, 1870 as determined by that Act. (b) For the purposes of the Suits Valuation Act, 1887, and the Punjab Courts Act, 1918 according to the value of the subject-matter of the suit, and such value shall be deemed to be: (i) If the whole decree or other document is sought to be cancelled, the amount or the value of the property for which the decree was passed or the other document executed. (ii) If a part of the decree or other document is sought to be cancelled, such part of the amount or value of the property. 11. The foregoing rules are subject to the following explanations (i) the term plaint includes an amended as well as original plaint;

(ii) a suit falling within any of the above description is not excluded therefrom merely by reason of the plaint seeking other relief in addition to that described in any of the foregoing rules. NoteThese rules came into force on the 2nd January, 1943. (High Court Notification No. 363-R/XXX-3, dated the 2nd December, 1942).
Part D]

Part D MANNER OF DETERMINING THE VALUE OF LAND FOR PURPOSES OF JURISDICTION IN CERTAIN CLASSES OF SUITS

Rules made by the State Government, under the power conferred by Section 2 of the Suits Valuation Act, 1887, and published as Punjab Government Notification No. 255, dated the 4th March, 1889, for determining the value of land for purposes of jurisdiction in the suits mentioned in the Court-fees Act, Section 7, paragraphs (v) and (vi), and paragraph (x), clause (d). 1. Suits for possession of landIn suits for the possession of land the value of the land, for purposes of jurisdiction, shall be held to be as follows (a) Where the land forms on entire estate, or a definite share of an estate paying annual revenue to Government or forms part of such an estate, and the annual revenue payable for such part is recorded in the Collectors register, and such revenue is permanently settled,sixty times the revenue assessed on the land. (b) Where the land forms an entire estate, or a definite share of an estate paying annual revenue to Government, or forms part of such estate and as recorded as aforesaid, and revenue is settled but not permanently,thirty times the such revenue so payable. Explanation to clause (b)Where the land is a fractional share or a portion or part of an estate, and the land-revenue payable for such part is recorded in the Collectors register and such revenue is not permanently settled, the value, for purposes of Jurisdiction, shall be held to be thirty times such portion of the revenue recorded in respect of that part as may be rateably payable in respect of the share or portion. Illustration(1) In a suit for possession of a one-third of the entire holding of ten ghummaons forming part of an estate, and recorded as paying Rs. 20 annual revenue, the value of the land, for the purposes of jurisdiction, is one-third of thirty times Rs. 20 or Rs. 600. (2) In a suit for possession of one ghummaon out of the same holding the value of the land is one-tenth of thirty times Rs. 20 or Rs. 60. (c) where the land pays no such revenue, or has been partially exempted from such payment, or is charged with any fixed payment in lieu of such revenue, and net profits have arisen from the land during the year next before the date of presenting the plaint,fifteen times such net profits. But where no such net profits have arisen therefromthe market-value.

(d) Where the land forms part of an estate paying revenue to Government, but is not a definite share of such estate does not come under clauses (a), (b) or (c) of this rulethe market-value of the land. (dd) Where land holding tax is leviable on the land, the market-value there of as calculated under Clause (v) of the Court-fees Act 1870. (e) Where the subject-matter is a garden, the market-value of the garden. 2. Suits for pre-emptionIn suits to enforce a right of pre-emption in land, the value of the land, for the purpose of jurisdiction shall be calculated by the preceding rules. 3. Suits falling in different classesWhen the land or interest in suit falls partly under one and partly under another, of the classes enumerated in Rule 1, the value of the land in each class shall be separately calculated. 4. Land definedIn the application of the above rules the word land includes all such rights, e.g., shares in village common and in wells as are accessory to the land in suit, and the word revenue as used in the preceding rules, when applied to land irrigated from canals, shall be held to include owners rate for the year next before the date of presentation of plaint, or half the occupiers rate for the same period in cases in which no owners rate is chargeable. 5. Suits for specific performance of awardIn suit for specific performance of an award so far as the awarded relates to landthe market value of the land. 6. Suits relating to life interest in land and to occupancy rightsSuits relating to a lifeinterest in land and suits relating to an occupancy right shall, for purposes of jurisdiction, be deemed to be half of the value provided for suits for possession under Rule 1. 1. Substituted for Rs. five lakhs by Act No. 35 of 2003 (w.e.f. 16 -7-2003).

CHAPTER 4
Ch. 4

Arbitration
Part A INTRODUCTION
Part A]

1. By Section 49(1) and the Third Schedule of the India Arbitration Act, 1940 (X of 1940), the whole of the Indian Arbitration Act of 1899, the whole of the Second Schedule to the Code of Civil Procedure and Clauses (a) to (f) (both inclusive) of sub-section (1) of Section 104 of the Code of Civil Procedure, have been repealed. These provisions have been consolidated in the Indian Arbitration Act, 1940. The instructions contained in this part are only administrative. Statutory rules under Section 44 of the Indian Arbitration Act, 1940, are contained in Part B of this Chapter. 2. The following rules have been laid down by the Government of India in regard to the appointment of public officers to act as arbitrators for the settlement of disputes:
Extracts from proceeding of the Government of India, Home Department (Public) No. 544, dated Fort William, the 12th February, 1873

(1) An officer shall not act as an arbitrator in any case without the sanction of his immediate superior, or unless he be directed so to act by a Court having authority to appoint an arbitrator. (2) No public officer shall act as an arbitrator in any case which is likely to come before him in any shape in virtue of any judicial or executive office which he may be holding. (3) If any officer acts as arbitrator at the private request of disputants, he shall accept no fees. (4) If he acts by appointment of a Court of law, he may accept such fees as the Court may fix. 3. (i) In the event of an officer in any public department being nominated as arbitrator in a civil suit, the Court, before appointing him arbitrator, should refer to the official superior of the officer nominated to ascertain whether his services can be made available. (ii) The Punjab Government have directed in their circular letter No. 5795-G-43/64326 (H-Gaz), dated the 14th October, 1943, that their servants should not be allowed to undertake arbitration without the previous permission of the competent authority.

Part B]

Part B RULES UNDER THE INDIAN ARBITRATION ACT, 1940 (ACT X OF 1940)

Rules made by the High Court under the powers conferred by Section 44 of the Indian Arbitration Act, 1940 (Act X of 1940), and published in its notification No. 45-R/X. W-5, dated 9th March 1945. 1. CitationThe following rules shall be cited as the Arbitration Rules. All references therein to Act shall be read as meaning the Arbitration Act, 1940. 2. Title of application(a) Save as hereinafter provided, all applications, affidavits and proceedings under the Act, shall be instituted in the matter of the Act, and in the matter of the Arbitration. (b) Applications under Chapter IV of the Act shall be instituted in the suit or matter in which order or reference is made. (c) Application under Section 34 of the Act shall be instituted in the suit which the applicant seeks to have stayed. (d) Applications under Section 7(2) of the Act shall be instituted in the matter of the insolvency in which the reference to arbitration is sought or claimed. 3. Mode of applicationAll applications under the Act shall be made only to the proper Court and all applications shall be made by petition and shall be presented in the same manner as plaints or other applications to the Clerk of the Court or to such other officer as the Court appoints in that behalf who shall cause them to be registered and take such orders as are necessary from the Presiding Judge. Where application is made with the consent of all the parties affected thereby, the written petition shall be endorsed with the consent of the parties affected and shall bear their signature. 4. Contents of petitionThe petition shall be divided into paragraphs numbered consecutively and shall contain the name, description and place of residence of the petitioner of the opposite party, with a statement in summary form (a) of the material facts; (b) of facts showing that the Court to which the application is presented has jurisdiction; and (c) of the nature of the relief asked for, and shall specify the persons liable to be affected by the application. A copy of the arbitration agreement, the special case or the award relating to the petition shall be annexed to the application: Provided that where a party is, by reason of absence or for any other good cause, unable to sign the same, it may be signed on his behalf by any person duly authorised by him to sign the same.

5. Registering petitions and awardApplications under Section 14 of the Act shall be numbered and registered as regular suits. Other applications under the Act shall be numbered and registered as miscellaneous applications requiring judicial enquiry. 6. Notice of application to persons affected by awardUpon any application by petition under the Act, the Judge shall direct notice thereof to be given to all persons mentioned in the petition, and to such other persons as may seem to him to be likely to be affected by the proceedings, requiring all or any of such persons to show cause, within the time specified in the notice, why the relief sought in the petition should not be granted. 7. Copy of petitionA copy of the petition shall be served on each person notified by virtue of the last preceding rule and the applicant shall supply a copy of the petition or affidavit for service on the opposite party. 8. Court-fees and process fees(a) The Court-fees and process fees chargeable for all petitions shall be in accordance with the Court-fees Act and the rules for the levy of process fees in force for the time being. (b) The petitioner or the plaintiff shall deposit the necessary process fees for notice to the other party concerned within three days of the presentation of his petition or within such further time as the Court may permit. (c) The party who has requested the arbitrator or umpire to cause an award to be filed shall, within three days after the filing of the award, or within such further time as the Court may permit, deposit the process fees for notice to the other parties concerned. 9. Notice to arbitratorsExcept where misconduct on the part of an arbitrator or umpire is alleged as a ground for setting aside an award or for removing an arbitrator or umpire, or unless the Court otherwise orders, it shall not be necessary to serve notice of the application upon an arbitrator or umpire and he shall not be allowed his costs of appearing thereto. 10. Filing of award(a) The arbitrator or umpire or any of the parties to the arbitration may cause the award or a signed copy thereof to be filed in Court in the manner prescribed in Rule 3. (b) When the award is filed by the arbitrator or umpire, he shall, together with the award, send to the Court and depositions and documents which have been taken and proved before him, and the opinion pronounced by the Court on the special case submitted by him, if any, in accordance with Section 14 of the Act, by forwarding the same under a sealed cover addressed to the Court. He shall also send together with the award a copy of the notice given to the parties concerned and affidavit of service of such notice and of attestation of his signature on the award. (c) When the award is filed by any of the parties to the arbitration under clause (a), the party may move the Court for directing the arbitrator to produce in original such of the documents as were produced before him together with the record of the arbitration.

11. Notice of filing awardWhen the award has been filed in Court, the Court shall forthwith issue notice of such filing to the parties interested in the award. 12. Limitation for application for judgment on AwardAn application for judgment in terms of an award shall not be made until after the expiration of 30 days from the date of service of the notice of filing the award. 13. Court to issue notice on application under Section 20When an application under Section 20 of the Act is filed and registered, the Court shall, on the application, issue a notice, returnable within not less than 10 days from the service, thereof, calling upon the opposite party to show cause why arbitration agreement should not be filed. 14. Processes to be issued on application by arbitrator or umpireProcesses to the parties to arbitration proceedings or to witnesses shall be issued by the Court on the written application of the arbitrator or the umpire. 15. Accompaniment of the above applicationIf the proceedings are under Chapter II of the Act, the application for such processes must be accompanied by a copy of the agreement under which the arbitrator or the umpire is acting. If otherwise, the date of the order appointing him arbitrator or umpire shall be mentioned in the application. 16. Special caseEvery special case for the Courts opinion under Section 13(b) of the Act shall be made in Form 1. The arbitrator or umpire, as the case may be, shall at the same time give notice of such action to the parties. When the Court has announced its opinion under Section 14(3), it shall be the duty of the arbitrator or umpire concerned to have a certified copy of such opinion added to and made part of the award. 17. Application of Code of Civil Procedure and the High Court Rules and OrdersIn the case not provided for in the foregoing rule or in the Act, the provisions of the Code of Civil Procedure, 1908, and the High Court Rules and Orders, mutatis mutandis, shall apply to all the proceedings before the Court and to all appeals under the Act. 18. FormsThe forms prescribed by these rules shall be used for the purposes to which they severally relate with such variations as the circumstances of each case may require.
FORM 1 Special Case (Title of suit)

In the matter of an arbitration between A.B. of..................................... and C.D. of........................the following special case is stated for the opinion of the Court: (Here state the facts concisely in numbered paragraphs). The questions of law for the opinion of the Court are :

FirstWhether ............. X SecondWhether ............. Y Dated the ...................................day of....................................19 ....................

____________ FORM 2 Application for an Order of Reference (Title of suit)

1. The suit is instituted for (state nature of claim). 2. The matter in difference between the parties is (state matter of difference). 3. The applications being all the parties interested have agreed that the matter in difference between them shall have referred to arbitration. 4. The applicants, therefore, apply for an order of reference. A.B. C.D. Dated the ...................................day of....................................19 .................... NoteIf the parties are agreed to the arbitrators, it should be so stated.
__________ FORM 3 Order or Reference (Title of suit)

Open reading the application presented on the .......................day of. ...................19........... it is ordered that the following matter in difference arising in this suit, namely : be referred for determination to X and Y, or in case of their not agreeing then to the determination of Z, who is hereby appointed to be umpire; and such arbitrators are to make their award in writing on or before....................day of.......... 19.......... and in the case of the said arbitrators not agreeing in an award the said umpire is to make his award in writing

within....................months after the time during which it is within the power of the arbitrators to make an award shall have ceased. Liberty to apply. Given under my hand and the seal of the Court, this............................ day of..............................19........................ Judge
____________ FORM 4 Order for Appointment of New Arbitrator (Title of Suit)

Whereas by an order, date the................... day of........ 19....... (stated order of reference and death, refusal, etc., of arbitrator), it is by consent ordered, that Z be appointed in the place of X deceased (or as the case may be to act as arbitrator with Y, the surviving arbitrator, under the said order; and it is ordered that the award of the said arbitrators be made on or before the ...................day of .................19......... Given under my hand and the seal of the Court this........................... day of....................19..........
_____________ FORM 5 Award (Title of suit)

In the matter of an arbitrator between A.B. of.............................. and C.D. of........................................ Whereas in pursuance of an order of reference made by the Court of....................and dated....................the....................day of.................... 19........... the following matter in difference between A.B. and C.D. namely:................................has been referred to us for determination: Now we, having duly considered the matter referred to us do hereby make our award as follows: We award...................................................... (1) that .......... X

(2) that .......... Y Dated the........................day of......................19.........

____________
1

FORM 6

Notice of Filing of an1 Award (Title)

............................................................................................................................................................ .........................................................................................................

Whereas the petitioner, and has

an arbitration agreement, dated................between you in Court an award dated..............made by............................

[Name(s) of arbitrator(s)] notice is hereby given to you of the filing of the same in this Court. Unless an application to have the award set aside or remitted for reconsideration is made within thirty days of the date of service of this notice, a judgment in terms of the award may be pronounced by the Court and on the judgment so pronounced a decree shall follow. Given under my hand and the seal of the Court this......................................... day of.........................19............. Sd/.......................... ..................... Judge at.........................
____________
2

FORM 7

Notice of the Filing of an Arbitration Agreement (Title)

To

............................. ............................. Whereas the plaintiff has applied that you are a party, to an arbitration agreement dated..............., and that differences have arisen with regard to the subject-matter of this agreement of any part thereof and that the agreement should be filed in Court: Notice is hereby given calling upon you to show cause on............... why the arbitration agreement should not be filed. Given under my hand and the seal of the Court, this....................day of. .............. 19............... Sd/................. (Seal) ............ Judge at...................
____________
Part C]

Part C THE ARBITRATION (PROTOCOL AND CONVENTION) ACT, 1937

The following rules were framed by the High Court of Punjab in exercise of the powers conferred by Section 10 of the Arbitration (Protocol and Convention) (Act, 1937 and approved by the Governor of the Punjab under Section 224 of the Government of India Act, 1935 (25 and 26 Geo. V, Chapter 42):
3

Rules under Section 10 of the Arbitration (Protocol and Convention) Act, 1937

1. Title of application, etc.All applications, affidavits and proceedings under the Act shall be entitled in the matter of the Act, and in the matter of the Arbitration. 2. What application shall be by petitionApplications under Section 3 shall be made to the Court whose proceedings are intended to be stayed, and application under Section 5 shall be made to the Court having jurisdiction over the subject-matter of the award. 3. Contents of petitionEvery petition shall be divided into paragraphs, numbered consecutively, and shall contain, in a summary form, a statement of the material facts relied on, and the nature of the relief asked for, and shall specify the persons liable to be affected thereby. 4. Stay of proceedings under Section 3 of the ActUpon an application for stay of proceedings under Section 3 of the Act being filed, the Court shall direct notice to be given to the

party or parties to the legal proceedings, other than the applicant, requiring him or them to show cause, within a time specified, why the order should not be made, unless the Court is satisfied that the object of the application would be defeated by the delay occasioned by the notice. 5. Documents to be produced with the petition for enforcement of a foreign award The party seeking to enforce a foreign award shall produce with his petition (a) the document specified in Section 8(i) of the Act and where such document is in a foreign language, the translation thereof into English, certified in the manner prescribed in sub-section (2) of the said Section 8; (b) the original agreement for arbitration or an authenticated copy thereof and, when the same is in a foreign language, the translation thereof into English certified in the manner prescribed in sub-section (2) of the said Section 8; (c) affidavit or affidavits showing (1) that the said agreement was valid under the law by which it was governed, (2) that the award was made by the tribunal provided for in the agreement or constituted in the manner agreed upon by the parties, (3) that it was made in conformity with the law governing the arbitration procedure, and (4) that it has become final in the country in which it was made; and (d) other document or documents in support of his application. 6. Procedure to be followed in case of non-production of documents with petition for enforcement of awardIf the application under Section 5 of the Act be presented for admission without the document specified in Rule 5(a) above, it shall forthwith be returned to the party presenting it. If such application is unaccompanied by the documents specified in Rule (5)(b) and (c) above, the Court may allow time within which such documents must be filed. 7. Execution of decrees and ordersThe provisions of the Code of Civil Procedure and the Rules and Orders of the High Court relating to execution of decrees and orders shall, mutatis mutandis, be applicable to the execution of decrees and orders under the Act. 8. Fees payable on proceedings(I) The fees in respect of proceedings under the Act, shall be according to the scale of fees applicable to proceedings under Section II of the Code of Civil Procedure. (II) As regards the powers which have been notified to the parties to the Convention and the territories to which the Convention applies see Central Government (Department of Commerce) Notification 103 (4)/II-Tr. dated the 8th January, 1938.

SCHEME FOR APPOINTMENT OF ARBITRATORS, 1996 HIGH COURT OF DELHI NEW DELHI NOTIFICATION Delhi, the 29th January, 1996

No. 16/Rules.In exercise of the power conferred by sub-section (10) of Section 11 of the Arbitration and Conciliation Ordinance, 1996 (hereinafter referred to as Ordinance), the Chief Justice of the High Court of Delhi, hereby makes the following Scheme: 1. Short titleThis Scheme may be called the Scheme for appointment of Arbitrators, 1996. 2. Submission of request(i) The request under sub-section (4) or sub-section (5) or subsection (6) of Section 11 of the Ordinance shall be made in writing in the form prescribed in Appendix I and shall be accompanied by: (a) The original arbitration agreement or a true copy thereof; (b) An affidavit supported by the relevant documents or true copies thereof to the effect that the condition to be specified under sub-section (4) or sub-section (5) or sub-section (6) of Section 11 of the Ordinance, as the case may be, before making the request to the person designated by the Chief Justice, has been satisfied. (ii) The request referred to in sub-para 2 (i) of this para shall be accompanied by as many copies of the request together with items (a) and (b) of sub-para 2(i), as the number of parties to the arbitration agreement or such number which the person designated in para 3 of the scheme may direct. (iii) In case the person making the request does not have the original arbitration agreement or a copy there of, he shall file an affidavit giving relevant facts in that behalf and request that the opposite party may be directed to produce the original or a copy thereof. 3. Authority to deal with the request(i) For the purpose of dealing with the request made under para 2, the Chief Justice hereby designates: (a) the Civil Judge where the value of the subject matter does not exceed Rs. 1 lakh; (b) the District Judge/Additional District Judge where the value of the subject matter does not exceed Rs. 5 lakh; and (c) the Judge of High Court exercising ordinary original civil jurisdiction, where the value of the subject matter exceeds Rs. 5 lakh.

(ii) The request falling under sub-para (a) of para 3 shall initially be placed before Senior Civil Judge for appropriate allotment; the requests falling under sub-para (b) of para 3 shall initially be placed before the District Judge for appropriate allotment; and the request made under sub-para (c) of para 3 shall initially be placed before the Judge-in-charge on the Original Side of the High Court for appropriate allotment. 4. Seeking further information(i) The person designated under para 3 may seek such further information or clarification or documents, from the party making the request under this scheme, as he may deem fit. (ii) The party making the request shall file as many copies of documents as may be required to be filed by the person designed in para 3 of this Scheme. 5. Rejection of requestWhere the request made by any party under paragraph 2 is not in accordance with the provisions of this Scheme, the person designed in para 3 may reject the same. 6. Notice to affected personSubject to the provisions of paragraph 5, the person designed in para 3 shall direct that a notice of the application be given to all the parties to the arbitration agreement and to such other person or persons as may seem to him likely to be affected by such request to show cause, within the time specified in the notice as to why the appointment of the arbitrators) or the measures proposed to be taken should not be made or taken and such notice shall be accompanied by copies of all documents referred to in para 2 or, as the case may be, by the information or clarification, or copies of documents, if any, sought under paragraph 4. 7. Intimation of action taken on requestThe appointment made or measures taken by the person designed in para 3 in pursuance of the request under paragraph 2 shall be communicated in writing to: (a) the parties to the arbitration agreement; (b) the arbitration, if any, already appointed by the parties to the arbitration agreement; (c) the person or institution, if any, to whom or to which any function has been entrusted by the parties to the arbitration agreement under the appointment procedure agreed upon by them. (d) the arbitrator appointed in pursuance of the request. 8. Requests and communications to be sent to Authorised OfficerAll requests under the Scheme and communications relating thereto shall be presented to the Officer authorised by the person designed in para 3 and the said Officer shall maintain a separate register of such requests and communications. Whenever requests under para 2 are received, the authorised Officer shall, as soon as may be, place the same before the persons designed in para 3.

9. Delivery and receipt of written communicationsThe provisions of sub-sections (1) and (2) of Section 3 of the Ordinance shall, so far as may be, apply to all written communications received or sent under this Scheme. 10. Costs for processing requestsThe party making a request under this Scheme shall, along with the request for arbitration pay an amount of Rs. 250/- in case the request is made to the person designated under para 3 (a) of this Scheme; Rs. 500/- in case the request is made to a person designated under para 3 (b); and Rs. 1000/- in case the request is made to a person designated under para 3 (c). 11. Interpretation(i) If any question arises with reference to the interpretation of any of the provisions of this Scheme before a person designated under para 3 (c) of this Scheme, it shall be decided by that person. (ii) In case the question arises before the person designated under para 3 (a) and (b) of this Scheme, the said person shall formulate the question and refer the same for decision of the Chief Justice or a Judge of the Court of Delhi designated by the Chief Justice. (iii) The decision by the person to whom the question is referred to as stated in para 11 (i) or (ii) shall be final. 12. Power to amend the SchemeThe Chief Justice may, from time to time, amend, by way of addition or variation or deletion, any provision of this Scheme.
APPENDIX 1

BEFORE ARBITRATION APPLICATION NO. OF 1996 1. Provision under which the application is filed 2. Name(s) of the applicant(s) with complete address(es) 3. Name(s) of the other parties to the arbitration agreement with complete addresses 4. Names and addresses of the arbitrators, if any, already appointed by parties 5. Name and address of the person or institution, if any, to whom any function has been entrusted by the parties to the arbitration agreement under the appointment procedure agreed upon by them.

6. Qualification required, if any of the arbitrator by the agreement of the parties 7. A brief written statement described the general nature of the disputes and the points at issue. 8. Valuation of the subject matter 9. Relief or the remedy sought Date: Signature of the applicant Signature of the Advocate, if any 1. In accordance with Rule 13 of the rules contained in this Chapter, the notice is returnable within not less than ten
days from the service thereof.

2. Form Nos. 6 and 7 were added by High Court Notification No. 251-Genl/X-W. 5, dated the 23rd October, 1956. 3. Corresponds to Article 227 of the Constitution of India.

CHAPTER 5
Ch. 5

WitnessesCivil Courts
Part A]

Part A ATTENDANCE OF WITNESSES (GENERAL)

1. Compulsory AttendanceA Court can compel the personal attendance of any witness residing within the local limits of its jurisdiction, or without such limits if the person to be summoned is at a place, not more than fifty miles from the Court house or not more than two hundred miles if there is a railway communication or public conveyance for 5/6th of distance, provided that he is not exempted under any of the provisions of the Code of Civil Procedure, 1908. A proviso has been added to Order XVI, Rule 19, Civil Procedure Code in Punjab with the result that a Court situate in the State of Punjab may require the personal attendance of any witness residing in the State of Punjab or the Union Territory of Delhi. (High Court Notification No. 60General IX Y. 8, dated the 4th March, 1955). 2. Attendance of pardanashin ladiesUnder Section 132 of the Code of Civil Procedure, 1908, women, who according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal attendance in Court. 3. Other exemptionsThe Court has a discretion to exempt from attendance as witness any person who in the opinion of the Court, is from sickness or infirmity unable so to attend (Order XXVI Rule 1, C.P.C.), or being a Civil or Military Officer of the Government, cannot attend without detriment to the Public Service (Order XXVI Rule 4, C.P.C.). As regards the attendance of Patwaries in Civil Courts Part B of this Chapter should be referred to. 4. Evidence by CommissionThe Court may issue a Commission for the examination of a witness, whose attendance cannot be compelled according to law, or cannot be secured for any other sufficient reason in the circumstances specified in Order XXVI of the Civil Procedure Code. 5. Service of processesThe general procedure for issue of processes to witnesses is the same as that in respect of defendants. For detailed instructions on the subject. 6. Non-attendance, proof of serviceWhere a witness summoned to attend to give evidence or produce a document, fails to attend or to produce the document, without lawful excuse, the Court shall, on return of the service of the summons, examine the serving officer on oath, if his

certificate has not been verified by affidavit and it may do so even when the certificate has already been so verified, to satisfy itself that the summons was duly served. 7. Proclamation, attachment and arrest in case of non-attendance The Court, on being satisfied that the person summoned has intentionally failed to attend or to produce the document in compliance with such summons without any lawful excuse and that his evidence or the document is material, may, issue a proclamation requiring him to attend to give evidence or produce the document at a time and place to be named therein. Or, the Court, may, in lieu thereof, or in addition to it, issue a warrant, with or without bail, for the arrest of such person and may make also an order for the attachment of his property to such an amount as it deems fit to cover the costs of the attachment and any fine which may be imposed for his failure to attend, not exceeding Rs. 500. (vide Order XVI, Rule 10 Code of Civil Procedure, 1908). 8. FineWhenever such person appears and satisfies the Court that he did not, without lawful excuse, fail to comply with the summons, the Court release the attachment or cancel the warrant of arrest, as the case may be. Where such person does not appear, or appears but fails to satisfy the Court that there was a lawful excuse for his absence, the Court may impose a fine, not exceeding Rs. 500 to be recovered by the attachment (if not already effected) and sale of his property (Order XVI, Rule 12, Code of Civil Procedure, 1908). 9. Party as witnessIt should be noted that, where a party to a suit is required to give evidence or produce a document, the provisions as to witnesses apply to him, so far as they are applicable. 10. Warrants against Government servants for non-attendanceThe Judges wish to impress upon the Subordinate Courts the desirability of caution in issuing warrants of arrest against a person in Public Service, unless and until the Court is fully satisfied that he is wilfully omitting to obey the summons. In most cases it will produce the desired effect if a notice is issued to the person at fault to show cause why he should not be proceeded against under the penal provisions of Order XVI and the attention of the superior officer is drawn to the conduct of his subordinate. Of course, in cases of pronounced refractoriness, the Courts can set the law in motion in any one or all of the forms, available to them. 11. Non-attendance, duty of parties and CourtsIn cases where proper service of summons has been effected but the witness fail to attend, either through negligence or in collusion with the party on whose behalf they have been cited, Civil Courts should use their powers to take penal action freely, and if parties are unwilling to take coercive action against their own witnesses, the issue of any further summons through the Court for their attendance should be refused. The Court should also, where necessary, take action themselves against defaulting witnesses. The provisions of Order XVI, Rule 16, should be studied and used, and if parties refuse to make an application under Order XVI, Rule 16(2), the Court may refuse to grant any further adjournment. 12. Prompt disposal of witnessesWhen witnesses are in attendance, every effort should be made to record their evidence promptly and they should not be required, as far as possible, to attend again at any adjourned hearing. In the case of businessmen and Government servants, the Court should, if possible, give them some indication as to the hour when their evidence is likely

to be recorded; so as to avoid their being detained on the Court premises longer than may be necessary. 13. (a) Summoning Government servants to prove birth or death entriesIn any case where a party to a suit wishes to prove the fact of a birth or death by reference to one of the registers of vital statistics he should be directed in the first instance to file a certified copy of the entry on which he relies. Civil Courts should refrain from summoning the clerks of Civil Surgeons officer with the registers except where their presence is deemed absolutely necessary. (b) Municipal recordsSimilarly, the Court should not without sufficient reasons summon the original records of Municipal Committees and Property Tax authorities where the purpose could be served by the production of certified copies of these public documents. Whenever it appears necessary to summon the original records as for instance where signatures of a person on an application or plan etc. have to be proved, the Courts should as a rule, return the original record to the official producing the same soon after the witnesses relating to the document and present on that hearing have been examined. The original record should not be retained in Court except under exceptional circumstances, such as, where the authority concerned has declined to give the party a duly certified copy or where the original document appears to have been tempered with. (c) Agreements with rulers of former Indian StatesIn civil suits involving rights and property of Rulers of former Indian States, it often becomes necessary to prove the agreements respecting their accession to the Indian Union or their merger and integration into new political units. Such agreements with the Union Government are the acts of the sovereign authority and are therefore public documents within clause 1(1) of Section 74 of the Indian Evidence Act. These are also printed in White Paper on Indian States, a Central Government publication and are therefore, admissible, under Section 78(1) of the Act. These agreements can also be proved by the production of certified copies under Section 77 of the Act. A summons to the Government of India should therefore be avoided where all that is necessary is to prove the agreement. Apart from the trouble and expense involved to an officer of the Ministry concerned there is risk of mishap to or loss of these valuable documents. The Courts should not therefore summon the original agreements except in very special circumstances as, for example, where the direct testimony of an officer of the Ministry is necessary to elucidate any material point arising in the case.
Part B]

Part B ATTENDANCE OF PATWARIS IN CIVIL COURTS

1. Patwari should not be summoned unless absolutely necessaryOfficers presiding over Civil Courts should be careful to see that Patwaries are not summoned unnecessarily to give merely formal evidence regarding entries in the village records and annual papers, information as to which could be as well obtained from an inspection of the records in the District Office or from an examination of the District Qanungo or Record- Keeper. It should be remembered that Patwaris have very important duties to perform and that the discharge of these duties should not be hindered by making them attend Court except when their examination as witnesses is really necessary. In view of these considerations, the following instructions are issued with the concurrence of the Financial Commissioners. The Court should see that every application for

summoning a Patwari as a witness contains a note stating why a copy of the Revenue Record or an excerpt prepared by a Qanungo would not be sufficient and why the attendance of the Patwari is essential. 2. Summoning Patwari during girdwari seasonOfficers presiding over Civil Courts should not summons Patwaris (except in cases of great urgency) during the times when the principal crop girdawaris are going on, viz., ordinarily the months of March, April and October (Financial Commissioners Standing Order No. 22). 3. Channel of service and Court certificateWhen a Civil Court requires the attendance of a Patwari at a time other than that above referred to such a Court should forward the summons to the Tahsildar of the Tahsil to which the Patwari belongs. The Tahsildars should serve the summons with as little delay as possible. A certificate should be furnished by the Court to every Patwari who attends in obedience to a summons, showing the date of his appearance before the Court and the date on which he was permitted to leave. 4. Summoning during settlement operationsWhen a settlement is in progress, it is especially undesirable that Patwaries should be summoned to attend in the Civil Courts, and, when they are required to give evidence which cannot be obtained in the manner indicated in paragraph 1 this should usually be obtained by the issue of a Commission under Order XXVI, Rule 4(1)(c), of the Code of Civil Procedure. Such Commissions should ordinarily be addressed to the Settlement Superintendent of the Tahsil; but any wish expressed on this point by the Settlement Officer should be responded to, and the period to be ordinarily allowed for the execution of a Commission should be arranged in consultation with him. The Civil Court issuing the Commission should always note thereon the date to which the case has been adjourned, and the officer to whom the Commission is sent should then be careful either to return the Commission by that date, or to inform the Court, before such date, of the circumstances which will prevent the return of the Commission within the time fixed, and what further time will be required.
Part C]

Part C REMUNERATION

1. Payment of expenses by a party exceptionOrder XVI, Rule 2 of the Civil Procedure Code, requires that the party applying for a summons shall, before the summons is granted and within a period to be fixed by the Court, pay into Court such sum of money as appears to the Court to be sufficient to defray the travelling and other expenses of the person summoned in passing to and from the Court in which he required to attend, and for one days attendance. Government is exempt from the operation of this rule when applying for a summons for any of its own officers. In the case of witnesses summoned as experts, the Court is authorized to allow remuneration in addition, for performing any necessary work of an expert character for the purposes of the case. 2. Expenses to be paid at the time of serviceAccording to Order XVI, Rule 3 of the Code, the sum so paid into Court shall, except in the case of a Government servant who is not entitled to receive such sums, be tendered to the person summoned at the time of serving the summons, if

it can be served personally. When the person summoned is a Government servant the sum so paid into Court shall be credited to Government. 3. (i) A Government servant shall not accept any subsistence allowance from the Court. (ii) A Government servant who is required to give evidence in a Court situated not more than 5 miles from his headquarters may accept such actual travelling expenses as the Court allow provided that he is not in receipt of permanent travelling allowance from Government. (iii) A Government servant who is summoned to give evidence in a civil case to which Government is a party or in a Criminal Court may draw travelling allowance from Government as for a journey on tour provided that (a) the facts as to which he is to give evidence have come to his knowledge in the discharge of his public duties, (b) he attaches to his bill a certificate of attendance given by the Court, and (c) he does not accept any payment of his travelling expenses from the Court. Any expenses which may be deposited in the Court for this purpose must be credited to Government under head XXI-Administration of Justice-Miscellaneous Fees and Fines. (iv) A Government servant or a Railway employee who is summoned to give evidence in a civil case to which Government is not a party, of facts which come to his knowledge in the discharge of his public duties or to produce official documents before the Court with the Travelling Allowance Rules applicable to him. (v) A Government servant summoned to give evidence in circumstances other than those mentioned in clauses (iii) and (iv) may receive travelling expenses from the Court according to the scale to which he may be entitled by his status. (vi) In the case of employees of the Central Government or a State Railway or any other Commercial Department of Government, however, sums deposited for diet money will be credited in the Treasury to the credit of the Government concerned, i.e., Central Railway or any other Commercial Department of Government, as the case may be. The following is the proper head of account under which subsistence allowance, etc., of Government servants of Himachal Pradesh and other states, etc., should be deposited when they appear as witnesses in the Civil Courts in Punjab:

Serial No. 1.

Classification of Employees

Head to which creditable

Employees of States other than Punjab States Employees of Himachal Pradesh Government Employees of Central Government under the Audit Control of AGCR, New Delhi

S. Remittances Inter States Suspense A/c with..........State S. Remittance, Central, H.P. Government suspense. S. Remittances, Adjusting A/c between Central and Provincial Government, A/c between Civil and Civil A/c between AGCR and Punjab III item adjustable by AGCR. To the Corresponding receipt head in the Central section of A/c of the Department of the Central Government to which the Government servant belongs.

2.

3.

4.

Employees of the Central Government under the Audit Control of A.G., Punjab

4. Further sum for expensesOrder XVI, Rule 4, empowers the Court to require a further sum to be paid in for the expenses of a witness, if the sum at first paid is found to be insufficient, or if the witness is detained for more than one day. 5. Scale of expensesOrder XVI, Rule 2(3), provides that in fixing the scale of expenses to be allowed to witnesses, Subordinate Courts shall be guided by such rules as may be made by competent authority. The rules passed in connection with the scale of expenses are given in Appendix I to this Chapter. 6. Sending expenses by money orderWhen a summons is sent by a Court in one district for service through a Court in another district the expenses must be remitted by money order at the cost of the party taking out the summons. The practice of sending remittances by postage stamps should never be resorted to. The Court to which a remittance is made should be informed by letter, on the day on which application is made to the Post Office for the money order, and all necessary information should be furnished regarding the person or person to whom the money is to be paid. The same procedure will apply when a summons issued by one Court in a district has to be served through the process-serving agency of another Court within the same district. 7. Court certificate in case of Government servantsIn all cases in which an officer of Government is summoned to give evidence, the Court should give him a certificate in the prescribed Form A given in Appendix II to this Chapter, specifying the dates on which the officer was required to attend and the amount, if any, paid to him by the Court. This certificate will be attached by the officer concerned to any travelling allowance bill which he may submit under the rule quoted above.

8. Expenses of process-serverA process-server who is called upon in ex parte proceedings to prove service of a summons by affidavit or statement in Court, is not entitled to any subsistence or other allowances for attendance. Such attendance must be regarded as the discharge of one of the ordinary duties of his office.
APPENDIX I

The rules contained in this Appendix have been framed by the High Court under Order XVI, Rule 2(3), Civil Procedure Code. They are merely for the guidance of Courts and are not statutory. 1. The annexed scale of daily expenses for each witness or other person summoned to attend in the Civil Courts of the Punjab is, prescribed for general observance. These rates will be allowed not only for the period of actual attendance, but for any reasonable time spent in the journey to and from the place of sitting, the mode of conveyance available being taken into consideration. 2. The Presiding Officer of each Court will exercise his discretion in determining the class of each witness where this may be doubtful; and the remuneration fixed in respect to each class will be understood to be exclusive of the bona fide travelling expenses of the witness. 3. In estimating travelling expenses the amount allowed should cover the actual cost of the journey by the means of conveyance considered by the Court to be suitable to the person summoned with reference to the class under which he falls.
Rates of remuneration to be paid to witnesses attending the Civil Courts Class I (......... Rupees per diem)

Gentlemen of Distinction. All Covenanted and Commissioned officers of Government. Uncovenanted officers of Government holding appointments equal in rank to those of Extra Assistant Commissioners. All officers of the Armed Forces.
Class II (......... Rupees per diem)

Non-officials of the middle class. Head-Assistants and the higher description of clerks in public offices Tahsildars, Inspectors of Police or officials of similar rank. Junior Commissioned Officers and Warrant Officers of the Armed Forces.

Class III (......... Rupees per diem)

Inferior clerks in public offices. Ministerial employees in vernacular offices or departments; and persons of the middle class generally, such as, Zamindars and tradesmen of the better sort, well-to-do Zamindars should always be placed in this class and only very petty Zamindars in class IV. Non-Commissioned and petty personnel of the Armed Forces. 4. If in any case the highest rate of remuneration above prescribed appears to be insufficient, the Court may, for reason to be stated in writing, allow such remuneration exceeding ten rupees, but not exceeding fifty rupees per diem, as it may think fit. The discretion thus allowed should be used only in very special cases. 5. Registered Accountants as defined in Rule 12 of the Auditors Certificate Rules, 1932, attending Civil Courts for giving expert evidence, should be paid fees ranging between Rs. 50 and Rs. 150 according to the professional standing of the witness, for each day spent in attendance or travelling, in addition to expenses for travelling. NoteThe Auditors Certificate Rules 1932, are published at page 299 of the Gazette of India, Part I, dated the 26th March, 1932. For rules regulating applications for any payment of the services of the Government Examiner of Questioned Documents or the Finger Prints Experts at Phillaur.
APPENDIX II (Forms) FORM A

Form of certificate to be given by the Court to an officer of Government summoned to give evidence at A Court. In the Court of the........................... in the ..............District. 1. Certified that.................. was summoned to give evidence in this Court in his public/private capacity in case of........................... and was required to attend for a period of.................. days, that is from the ........ .to the..................19........ .
1 2

2. He was paid the following amounts in accordance with the rules of the Court:

3. The amount of........... as his diet money has been recorded from the litigants and has been/will be deposited in the local Treasury/Sub-Treasury on (date)...........

FORM B

Detailed Statements of Subsistence Allowances and Compensation (apart from allowance for travelling expenses) paid to Government Servant by order of the ...................... at................................. during the quarter ending...................... 19............ for attending as witnesses in civil cases to which Government is not a party.
3

Date of Payment

Court under Name and official whose order the designation of payment was witnesses made 2 3

Amount paid

Nature of subsistence or compensation allowance 5

Nature of case and name of parties thereto

Remarks

Part D COPYING AND SEARCHES PAYABLE TO BANKS FOR PRODUCTION OF DOCUMENTS IN LAW COURTS
Part D]

1. Responsibility of managing authority for production of documents even if fees allowed insufficientOn receipt of a summons addressed to a Bank requiring the production of documents or of certified copies of entries in books of account, the managing authority must arrange for the production of the documents or the copies by an official of the Bank qualified to give evidence thereon in accordance with the terms of the summons. Unless the documents or entries are incorrectly or insufficiently described in the summons, or are not in the possession of the Bank, the managing authority must comply with the summons, and will be liable to all the penalties, prescribed for failure to comply with a summons, whether the rates fixed by the Court for search or copying fees are acceptable to him or not. Any representation regarding rates of diet money, etc., must be made to the Court, and dissatisfaction with these rates is no ground for refusing to obey the summons. 2. Search feesIf the information given is not exact but is sufficient to enable the Bank to trace the documents by making a search, the Bank should communicate at once with the Court mentioning the amount of search fee it wishes to charge and wait for further orders. The Court will communicate with the party concerned and if the party deposits the search fee, it will ask the Bank to comply with the summons. 3. Report if documents cannot be tracedIf no information whatsoever is given in the summons or if the information given is not sufficient to enable the Bank to trace the document, the summons, should be returned with a report to this effect. 4. Scale of search feesSearch fees will be fixed by the Court in proportions to the work involved. Rupees five may be taken as a fair amount for the search fee for a single document not easily accessible; but in the case of documents easily traced such as cheques, the rates should be

less; and when several documents of the same nature, such as cheques, have to be produced, the rate should be further reduced. 5. Scale of copying feesCopying fees for all documents other than entries in account books should be paid for at the Court rates. 6. Scale of copying feesCopying fees for certified copies of entries in account books will be paid at rupees (......) per ledger folio, part of ledger folio up to Rs.(......) and Rs.(......) for each ledger folio or part of a folio after the first four folios. Copying fees for all other documents not being ledger folios will be paid at the Court rates. 7. Prohibition against summoning higher officers of the BanksAll Courts must scrutinize carefully all applications for summons to Banks and should refrain from summoning the Banks higher officers unless they are satisfied that their personal attendance is necessary.
Part E GOVERNMENT SERVANTS SUMMONED TO PRODUCE OFFICIAL DOCUMENTS
Part E]

The following instructions have been issued by the Government of India, Ministry of Home Affairs, to all State Governments and with minor modifications, have been circulated by the Punjab Government to all Heads of Departments, Commissioners of Divisions and Deputy Commissioners in Punjab,vide letter No. 5591-J-54/20066, dated the 31st August, 1954 (Punjab High Court endorsement No. 11321-Genl/XX, C.24, dated 15th September, 1954, to all District and Sessions Judges). 1. The law relating to the production of unpublished official records as evidence in Courts is contained in Sections 123, 124 and 162 of the Indian Evidence Act, 1872 (Act 1 of 1872). 2. For the purposes of Section 123 of the said Act, the expression Officer at the head of the department concerned may be held to mean the officer who is in control of the department and in whose charge records of the department remain. Ordinarily such an officer would be the Secretary to the State Government in the case of State Governments and the Secretary, Additional Secretary or Joint Secretary in charge of the Ministry in the case of the Government of India. But in case of attached offices like Director of Industries, Punjab or Director of Agriculture, Punjab, the Director concerned may be regarded as the head of the Department for the purposes of this Section. Only such an officer should be treated as the authority to withhold or give the necessary permission for the production of official documents in evidence. In case of Union territories the Chief Commissioner or the Lieutenant Governor, as the case may be, may be regarded as the head of department and not his Secretaries. 3. In respect of documents (1) emanating from a higher authority, i.e., the Government of India, or the State Government, or which have formed the subject of correspondence with such higher authority, or (2) emanating from other Governments, whether foreign or members of the Commonwealth the head of the Department should obtain the consent of the Government of India or of the State Government as the case may be, through the usual official channels before

giving permission to produce the documents in Court or giving evidence based on them unless the papers are intended for publication or are of a purely formal or routine nature, when a reference to higher authority may be dispensed with. 4. In the case of documents other than those specified in paragraph 3 above production of documents should be withheld only when the public interest would by their disclosure injured, as where disclosure would be injurious to national defence, or to good diplomatic relations or where the practice of keeping a class of documents secret is necessary for the proper functioning of the public service. Some High Courts have pointed out the circumstances under which no such privilege should be claimed, e.g., privilege is not to be claimed on the mere ground that the documents are State documents or are official or are marked confidential, or, if produced would result in Parliamentary discussion or public criticism or would expose want of efficiency in the administration or tend to lay a particular department of Government open to a claim for compensation. The mere fact that the head of the department does not wish the documents to be produced is not an adequate justification for objecting to their production. The High Courts have also observed that refusal to produce documents relating to affairs of State implies that their production will be prejudicial to produce interest. Consequently the reasons therefore, should be given in an affidavit in Form 1 at the appropriate place. 5. In the case of doubt the head of the department should invariably refer to higher authority for orders. 6. These instructions apply equally to cases in which Government is a party to the suit. In such cases, much will depend on the legal advice as to the value of the documents but before they are produced in Court, the considerations stated above must be borne in mind, and reference to higher authority made, when necessary. 6-A. A Government servant other than the Head of a Department who is summoned to produce an official document should first determine whether the document is in his custody and he is in a position to produce it. In this connection, it may be stated that all official records are normally in the custody of the Head of the Department and it is only under special circumstances than an official document can be said to be in the custody of an individual Government servant. If the document is not in the custody of the Government servant summoned, he should inform the Court accordingly. If, under any special circumstances, the document is in the custody of the Government servant summoned, he should next determine whether the document is an unpublished official record relating to affairs of State and privilege under Section 123 should be claimed in respect of it. If he is of the view that such privilege should be claimed or if he is doubted of the position should refer the matter to the Head of Department, who will issue necessary instructions and will also furnish the affidavit in Form 1 in suitable cases. If the document is such that privilege under Section 123 could not be claimed but if the Government servant considers that the document is a communication made to him in official confidence and that the public interest would suffer by its disclosure, he should claim privilege under Section 124 in Form 2. In case of doubt, he should seek the advice of the Head of the Department. The expression Head of Department used this paragraph will have the same meaning as the expression Head of Department in paragraph 2 of these instructions.

7. The Government servant who is to attend a Court as a witness with official documents should where permission under Section 123 has been withheld, be given an affidavit in Form 1 duly signed by the head of the department in the accompanying form. He should produce it when he is called upon to give his evidence, and should explain that he is not at liberty to produce the documents before the Court, or to give any evidence derived from them. He should, however, take with him the papers which he has been summoned to produce. 8. The Government servant who is summoned to produce official documents in respect of which privilege under Section 124 has to be claimed, will make an affidavit in the accompanying Form 2. When he is not attending the Court himself to give evidence, he shall have it sent to the Court along with the documents. The person through whom the document are sent to Court should submit the affidavit to the Court when called upon to produce the documents. He should take with him the documents which he has been called upon to produce but should not hand them over to the Court unless the Court directs him to do so. They should not be shown to the opposite party. 9. The head of the department should abstain from entering into correspondence with the presiding officer of the Court concerned in regard to the ground on which the documents have been called for. He should obey the Courts orders and should appear personally, or arrange for the appearance of another officer in the Court concerned, with the documents, and act as indicated in paragraph 7 above, and produce the necessary affidavit if he claims privilege.
FORM 1

In the Court of....................... Suit No..............of 19......... I*........................ do hereby solemnly affirm and state as follows : A summons bearing No.........................date..............issued by the Court of........................................ in suit No................................of 19.........(............ Vs...........) has been received on ................ 19......... requiring production in the said Court on ........ 19 ...... of documents stated below. I, as the Head of Department am in control of, and in charge of its records. I have carefully considered the relevant documents and have come to the conclusion that they are unpublished official records relating to affairs of state and their disclosure will be prejudicial to public interest for the following reasons:
*Here insert the name, designation and address of the person making the affidavit.

List of documents summoned

I do not, therefore, give permission to anyone under Section 123 of the Indian Evidence Act, 1872, to produce the said documents to give any evidence derived therefrom. Solemnly affirmed at.................. this ................ day of.......19........

Name and Designation of the Person Making the Affidavit

FORM 2 Form of Affidavit

In the High Court of........................................ SuitNo................ of 19........ I, *........................ do hereby solemnly affirm and state as follows : A summons bearing No ................. dated................ issued by the Court of................................ in suit No............... of 19........(................Vs................) has been served on me on ................ 19........ requiring production in the said Court on................ 19......... of documents stated below. I have carefully checked them and have come to the conclusion that they contain communication made in official confidence and I consider that the public interest would suffer by their disclosure for the following reasons:
*Here insert the name, designation and address of the person making the affidavit.

List of documents summoned

I, therefore, the claim privilege under Section 124 of the Indian Evidence Act, 1872. Solemnly affirmed at.................................... day of....19........
(Here write the name and designation of the officer making the affidavit.)

Sworn before me. 1. Name and official designation of the officer. 2. Paragraph 2 is only required in the following cases, namely :
(i) In cases in which Government servants have to give evidence at a Court, situate not more than 5 miles from their headquarters, or in their private capacity actual travelling expenses incurred by them may, when the Court considers it necessary, be paid to them. (ii) A Government servant whose salary does not exceed Rs. 10 mensem may receive his expenses from the Court.

3. Insert Court to which return relates.

CHAPTER 6
Ch. 6

Suits by or Against Persons in Military Service

Part A]

Part A AMENABILITY TO THE CIVIL COURTS OF PERSONS SUBJECT TO MILITARY LAW

1. Jurisdiction of Civil CourtsAll persons belonging to the Armed Forces are now amenable to jurisdiction of ordinary Civil Courts subject to certain restrictions as regards their personal appearance in Court and execution of decree against their persons, pay and allowances and military equipment. 2. Execution against Army OfficerA Memorandum, drawn by Government of India, showing the legal position of persons belonging to the Armed Forces in the matter of arrest for debt, attachment of their pay and allowances and priority in disposal of litigation involving them, is attached as an appendix at the end of this Chapter. This Memorandum is only for the guidance of the Civil Courts. This memorandum is not applicable to the personnel of Indian Navy who continue to be governed by the Memorandum issued with the Government of India, late Home Department letter No. F.311/37-Judicial, dated the 29th July, 1937, as amended by letter No. 113/37-Judicial, dated the 29th May 1939. 3. Exemption from attachment of Pay and AllowancesAttention is also invited to clause (i) of the proviso to sub-section (1) of Section 60, of the Code. The pay and allowances of persons to whom the Air Force Act, 1950 or the Army Act, 1950, applies or the persons other than commissioned officers to whom the Indian Navy (Discipline) Act, 1934, applies are exempted from attachment in execution of decrees of Civil Courts. 4. Authority for conducting litigationWhen any officer or soldier actually serving Government in military capacity is a party to a suit and cannot obtain leave of absence for prosecuting or defending a suit, he can appoint some other persons to act on his behalf by an authority in writing given in the manner prescribed in Order XXVIII of the Code of Civil Procedure. In the case of Indian Officer or soldiers the following form has been prescribed for the authority in writing. Whereas I (name). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inhabitant of village. . . . . . . . . . . . . . . . . . . . . . . . Paraggunnah. . . . . . . . . . . . . . . . . . . . . . . . in the district of. . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . son of. . . . . . . . . . . . . . . of the caste of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at present rank in . . . . . . . . . . . . . . . . . . . . . . . . Company. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regiment. . . . . . . . . . . . . . . . . . . . . . . . . . stationed at. . . . . . . . .having occasion to institute (or defend) and action for (nature and object of suit and name of adverse party), do hereby nominate and appoint (name, residence and caste and relationship, if any) to be my attorney and I bind myself to abide by whatever he, the said attorney may do on my behalf, in the prosecution (or defence) of the said suit. The said attorney will either prosecute (or defend) the suit in person or will appoint one or more of the authorised Vakils of the Court to prosecute (or defend) the same under the instructions of the said attorney as he may think proper. In the event of an appeal being preferred from the judgment passed in the suit the said attorney is hereby empowered to act for me on the appeal in a like manner as in the original suit. Signed in my presence. Signature. O.C. (Vide Paragraph 285, Regulations for the Army in India, 1927). A power of attorney to institute or defend a suit executed as above is not chargeable with Court fee (vide Section 19, clause (1) of the Court-fees Act, 1870). 5. Service of ProcessesAs regards service of processes on officers and soldiers, see Order V, Rules 28 and 29 of the Civil Procedure Code, 1908 and Rules and Orders Volume IV, Chapter 7, Processes (Civil). 6. Speedly disposal of casesCivil Courts should dispose of all suits, for the prosecution or defence of which officers, soldiers or reservists have obtained leave of absence as speedily as is consistent with the administration of justice, irrespective of the order in which they stand on the register. 7. Priority certificate, Extension of leave by CourtWhen a person subject to the Army Act, 1950, or the Air Force Act, 1950, obtains or applies for leave of absence for the purpose of prosecuting or defending a civil suit, he is provided by his Unit Commander with a certificate to enable him to obtain priority of hearing (I.A.F.D. 902). This certificate must be presented by him in person to the Court. If the case cannot be disposed of within the period of leave granted, the civil officer concerned may grant leave for such period as will admit of the receipt of a reply to an application to the Unit Commander for the necessary extension of leave. The civil officer will at once report to the Unit Commander any grant of leave sanctioned by him. (See paragraph 288, Regulations for the Army in India, 1927).
APPENDIX (Referred to in Para 2)

Memorandum showing the Legal position of persons belonging to the armed forces in the matter of arrest for debt, attachment of their pay allowances and priority in disposal of litigation involving them.

1. Cases have occurred where Civil Courts have issued orders attaching the pay and allowances of persons belonging to the Armed Forces. There have also been cases of delay by Courts in the hearing and final disposal of cases involving such person. The intention of this memorandum is to state in simple terms the existing provisions in regard to exemption from arrest for debt and attachment to pay and allowances and other property of persons belonging to the Armed Forces and the priority to be given by Civil Courts for the hearing and final of any suits or other proceedings in which they may be involved. 2. The privileges granted to such persons by the Army and Air Force Act, 1950 (Acts XLVI and XLV of 1950, respectively), are detailed below. These rights and privileges are in addition to any other rights and privileges conferred by any other law for the time being in force. 3. (a) Immunity from attachmentUnder Section 28 of the Army/Air Force Act, no arms, clothes, equipment, accountrements or necessaries of any person subject to either of these Act nor any animal used by him for the discharge of his duties can be seized, nor can his pay and allowances or any part thereof be attached by direction of any civil or revenue Court or revenue officer in satisfaction of any decree or order enforceable against him. (b) Immunity from Arrest for debtSection 29 of the Army/Air Force Act provides that no person subject to either of these Acts, so long as he belongs to the Armed Force, can be arrested for debt under any process issued by, or by the authority of a civil or revenue Court or a revenue officer. Where, inspite of the above any such arrest is made, the Court of the revenue officer concerned on receipt of a complaint by such person or by his superior officer to that effect, may discharge him and award reasonable costs to the complainants. The costs may be recovered in like manner as if they were awarded to him by a decree against the person obtaining the processes. No Court, fees are payable for the recovery of such costs. (c) Immunity of persons attending Courts martial from arrestUnder Section 20 of the Army/Air Force Act, no presiding officer or member of a Court martial, no Judge advocate, no party to any proceedings before a Court martial, or his legal practitioner or agent, and no witness acting in obedience to a summons to attend a Court martial while proceeding or returning from, a Court martial is liable to be arrested under civil or revenue process. If any such person is arrested under any such process, he may be discharged by order of the Court martial. (d) Priority in respect of Army/Air Force personnels litigation Under Section 32 of the Army/Air Force Act on the presentation to any Court by or on behalf of any person subject to either of these Acts of a certificate, from the proper military/air force authority, of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such Court, Court shall on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for. The certificate from the proper military/air force authority shall state the first and last day of the leave or intended leave and set forth a description of the case with respect to which the leave was granted or applied for. No fee is payable to the Court in respect of the presentation of any such certificate, or of any application by or on behalf of any such person, for priority for the hearing

of his case. Where the Court is unable to arrange for the hearing and final disposal of the suit or other proceedings within the period of such leave or intended leave as aforesaid, it shall record its reason for its inability to do so, and shall cause a copy thereof to be furnished to such person on his application without any payment whatever by him in respect either of the application for such copy or the copy itself. If in any case a question arises as to the proper Military/Air Force authority qualified to grant such certificates as aforesaid the Court shall refer the question at once through the authority granting the certificate to (i) An officer having power not less than a Brigadier or equivalent commander in the case of military personnel; (ii) an officer having power not less than a group commander or equivalent commander in respect of Air Force personnel. The decision of the officer so referred to shall be final. 4. Persons subject to the Army and Air Force Act who are entitled to the privileges mentioned above are detailed in Sections 2 and 31 of these Acts. They are (a) Officers, Junior Commissioned Officers and Warrant Officers of the Regular Army and Officers and Warrant Officers of the Air Force; (b) Persons enrolled under the Army or the Air Force Acts; (c) Persons belonging to the Indian Reserve Forces or Air Force Reserve when called out for, or engaged in, or returning from, training or service; (d) Persons belonging to the Indian Supplementary Reserve Forces when called out for service or when carrying out the annual test; (e) Officers of the Territorial Army when doing duty as such officers; (f) Enrolled persons of the Territorial Army when called out or embodied or attached to any regular forces; (g) Persons holding commissions in the Army in India Reserve of officers and officers appointed to the Regular Reserve of Officers when ordered on any duty or service for which they are liable as such members; (h) Persons belonging to the Indian Air Force Volunteer Reserve in the circumstances specified in Section 3 of the Indian Air Force Volunteer Reserve (Discipline) Act, 1939 (XXXVI of 1939). (i) Persons not otherwise subject to military/air force law, who on active service, in camp on the march or at any frontier post specified by the Central Government are employed by or are in the service of or are followers of, or accompany any portion of the Regular Army Air Force.

Part B]

Part B THE INDIAN SOLDIERS LITIGATION ACT, 1925

1. Explanation of various sectionsAn Indian soldier is defined in the Indian Soldiers Litigation Act, 1925, as a person subject to the Army Act, 1950, or the Air Force Act, 1950. Section 3 defines the circumstances in which an Indian soldier shall be deemed to be serving under special conditions. According to Section 6, when a Court (Civil or Revenue), has reasons to believe that a party to a suit before it is an Indian soldier who is not duly represented and is unable to appear, it must give notice thereof to the prescribed authority in the prescribed manner and suspend proceedings in the mean time. If the prescribed authority certifies that the soldier is serving under special condition the case must be postponed. Section 10 confers power on the Court to set aside decrees and orders passed against an Indian soldier serving under War or special conditions in certain circumstances. Section 11 permits the period spent in such service to be deducted from the normal period of limitation, except in the case of preemption suits. For the purposes of Section 10 and Section 11, the Court may refer the question as to whether a soldier has been serving under special or War conditions to the prescribed authority, and certificate granted by that authority is conclusive on the point. 2. Rules under the ActThe rules framed by the Central Government under Section 13 of the Indian Soldiers (Litigation) Act, 1925 are given in the following notification:
Defence Department Simla, the 14th May, 1938

No. 455In exercise of the powers conferred by Section 13 of the Indian Soldiers (Litigation) Act, 1925 (IV of 1925), this Central Government after consulting the High Courts, concerned, is pleased to make the following rules, namely: 1. (1) These rules may be called the Indian Soldiers (Litigation) Rules, 1938.
1

(2) They extend to the whole of India.

2. Definitions (1) In these rules, the Act means the Indian Soldiers (Litigation) Act, 1925 (IV of 1925). (2) All words used herein and defined in the Act shall be deemed to have the meanings respectively attributed to them by the Act. 3. Prescribed AuthorityThe prescribed authority for the purposes of sub-clause (iv) of clause (b) of Section 3 and Sections 6, 7 and 8 of the Act shall be the Officer Commanding the Unit or the Depot of the unit to which the soldier belongs. 4. Form of Collectors certificateThe certificate given by a Collector under Section 5 of the Act shall be in Form A of the Schedule.

5. Notice by CourtThe notice given by the Court under Section 6 of the Act shall be in Form B of the Schedule and shall be sent to the prescribed authority care of the General Officer Commanding-in-Chief of the Command in which the Courts is situated, and the certificate of the prescribed authority, under Section 7 of the Act, shall be in Form C of the Schedule.
COMMENTS Court cannot require soldiers counsel to disclose his place of posting. Lt. Col. Ram Singh Yadav v. Smt. Gunwati Devi and another, AIR 1968 Punjab 26.

6. Certificate as to that postponement not requiredIf at any time it appears to the prescribed authority that the circumstances in which he certified to the Court under Section 7 of the Act that a postponement of the proceedings was necessary in the interest of justice, no longer exist, he shall forthwith certify to the Court to that effect in Form D of the Schedule. 7. Postponement by CourtOn receipt of a certificate from the prescribed authority under Section 7 of the Act that a postponement of the proceedings is necessary in the interest of Justice the Court shall postpone the proceedings until the receipt of a certificate in Form D from the prescribed authority or until the soldier is represented in the proceedings by some person duly authorised to appear, plead or act in his behalf. 8. Prescribed AuthorityThe prescribed authority for the purposes of Section 12 of the Act shall be the General Officer Commanding-in-Chief of the Command in which the Court is situated.
Schedule FORM A (See Rule 4)

Collectors certificate under Section 5 of the Indian Soldiers (Litigation) Act, 1925. From The Collector, District........................... .................................... To .................................. .................................. In re .......................................................No......................................... of 19 ............. Versus

No..............................................................dated......................... Sir, I have the Honour to certify under Section 5 of the Indian Soldiers (Litigation) Act, 1925 (IV of 1925), that I have the reason to believe that................ son of................., who is an Indian Soldier ordinarily residing in my district and who is a party in the above mentioned (enter suit, appeal application or other proceedings) now pending in (enter name of Court) is unable to appear therein. Yours faithfully, Collector. (2) It should be addressed in the case of High Court, to the Registrar of the Court, or in the case of a Board of Revenue to the Secretary of such Board, or in the case of a Financial Commissioner, to the Clerk of the Court, or in other cases to the Presiding Officer of the Court. NotesThis Certificate should be sent by post in a registered cover or by hand and an acknowledgement should be obtained for it. 2. Schedule, as substituted by Government of India, Defence Department, Notification No. 540, dated the 5th April, 1941.
Form B (See Rules 5)

Notice under Section 6 of the Indian Soldiers (Litigation) Act, 1925. In the...........................................................of................No......................................... ........................................................ Versus ........................................................ To The Officer Commanding (enter name of unit) depot of unit Care of the General Officer Commanding-in-Chief.............Command. Please take notice that [upon the certificate of the Collector of ........... under Section 5 of the Indian Soldiers (Litigation) Act, 1925 (IV of 1925)] (having had reason to believe] that............., son of................................. an Indian Soldiers who is a party in the above-mentioned proceedings now pending in this Court and is not represented by any person duly authorised to appear, plead or act on his behalf, is unable to appear therein, this Court has, under Section 6 of the said Act, suspended the
2

proceedings, if within the period prescribed in Section 8 of the said Act, no certificate is received from you under Section 7 thereof, the Court will, if it thinks fit, continue the proceeding. Given under my hand and the seal of the Court, this the ................. day of.................................19........... Presiding Officer of the Court Registrar. NoteThis notice should be sent by post in a registered cover, or by hand, and an acknowledgement should be obtained for it.
______________ FORM C (See Rule 5) Certificate under Section 7 of the Indian Soldiers (Litigation) Act, 1925

From The Officer Commanding, (enter name of unit/depot of unit) .............................. .............................. .............................. ......................................................No...............................................of 19.................... ........................................................ Versus ........................................................ No.................................................... dated .........................

Sir, I have the honour to acknowledge receipt of your notice dated,............. under Section 6 of the Indian Soldiers (Litigation) Act, 1925), in the above mentioned proceeding, and to certify under

Section 7 of the said Act that...................., son of................... , in respect of whom the abovementioned notice has been given is serving under special conditions and that a postponement of the proceeding in respect of that soldier is necessary in the interest of justice. Yours faithfully, Officer Commanding. Notes(1) This certificate should be sent by post in a registered cover or by hand, and an acknowledgement should be obtained for it. (2) It should be addressed in the case of a High Court to the Registrar of the Court, or in the case of a Board of Revenue to the Secretary of such Board, or in the case of a Financial Commissioner, to the Clerk of Court, or in other cases to the Presiding Officer of the Court.
______________ FORM D (See Rule 6) Certificate under Rule 6 of the Indian Soldiers (Litigation) Rules, 1938

From ....................................... ....................................... ....................................... To ....................................... ....................................... ....................................... In re.....................................................No............................ of 19............................... ....................................... Versus ....................................... No.............................................................................. dated........................................

Sir, I have the honour to invite a reference to my letter No.......... dated............. and to certify under Rule 6 of the Indian Soldiers (Litigation) Rules, 1938, that circumstances no longer exist for the postponement of the above-mentioned (enter suit appeal, application or other proceeding), now pending in (enter name of Court), wherein. ........... .son of.............. an Indian soldier, is a party. Yours faithfully, Officer Commanding. Notes(1) This certificate should be sent by post in a registered cover, or by hand and an acknowledgement should be obtained for it. (2) It should be addressed, in the case of a High Court, to the Registrar of the Court, or in the case of a Board of Revenue to the Secretary of such Board or in the case of Financial Commissioner, to the Clerk of the Court or in other cases to the Presiding Officer of the Court.
_______________
Part C]

Part C PROCEEDINGS WITH RESPECT TO SUCCESSION CERTIFICATES

As some doubt and difference of opinion existed in connection with the application of Sections 5 and 6 of the Indian Soldiers Litigation Act, 1925, to cases for the grant of succession certificates under the Indian Succession Act, 1925 (No. XXXIX, of 1925), the following instructions have been issued for the guidance of subordinate Courts. (1) Party to a proceedingA party to any proceeding is a person actually impleaded, e.g., a plaintiff or defendant or an appellant or respondentand the phrase does not include persons named under Section 372, sub-section (1), clause (c) of the Indian Succession Act, 1925, in an application for the grant of a certificate until the Court has, by order under Section 373 (1) (a) of that Act, expressed the opinion that special notice of the application should be given to them. (2) Notice to Soldiers under Section 6 of the Succession ActWhen the Court finds that a person falling under clause (c) of Section 372(1) aforesaid, is an Indian Soldier serving under special or War conditions, and there is no special and obvious reason for suspecting the good faith of the members of the family actually applying for the certificate, the Court should declare that, in the circumstance, it is unnecessary to make the soldier a party to the proceeding or to issue notice to him; but in such cases the Court should always demand security under Section 375 of the Act. If, on the other hand, there is any good reason to suspect the good faith of the applicant, then he should be required to get a power of attorney from the absent soldier or some written assurance from him that he does not object to the application. 1 . Added by Government of India, Defence Department Notification No. 1864, dated the 11th November, 1941,
and then amended on the lines of Adaptation of Laws Order, 1950, and the Part B States (Laws) Act, 1951 (No. III of 1951) and Act No. 62 of 1956.

2. One of the two portions within square brackets, should according to the circumstances of each case, be penned
through.

Suits by Aliens and by or Against Rulers, Ambassadors, Envoys

CHAPTER 7
Ch. 7]

Suits by Aliens and by or Against Rulers, Ambassadors, Envoys, etc.

1. Change in LawThe Code of Civil Procedure (Amendment) Act, 1951 (No. II of 1951) has substituted new Sections 83 to 87B in the Code for the old Sections 83 to 87. The changes made in the law on the subject should be carefully studied. (Please also see C.P.C. Amendments of 1976). 2. Aliens(1) Alien friends may sue in any Court of competent jurisdiction as if they were citizens of India. Alien enemies can also sue in the like manner but with the permission of the Central Government: provided they are residing in India. Every person residing and carrying on business without a license of the Central Government in a foreign country at war with India, is for this purpose, deemed to be an alien enemy residing in a foreign country (Section 83). (2) The provisions in this part of the Code are silent as to suits against aliens, whether friends or enemies. Such suits would be governed by the general provisions of Civil Procedure Code. 3. Foreign States and Foreign Rulers(1) Any Foreign State can sue in a competent Court in India to enforce a private right vested in the Ruler or in any or its officers in his public capacity (Section 84). The Central Government can appoint recognised agents for such Foreign Rulers by whom appearances, acts and applications under the Code may be made on behalf of such Ruler. The appointment can be for a specified suit or suits for all such suits in which the Ruler may be a party. A recognised agent so appointed by the Central Government can authorise or appoint any other person to perform the above acts as if he were himself a party to such suit(s) (Section 85). (2) No Ruler of a Foreign State may, however, be sued except with the consent of the Central Government certified in writing by a Secretary to that Government Exception is however made in cases of suits field by a person as a tenant of immovable property against his Ruler landlord [Section 86(1)]. The grant of the permission by the Central Government is governed by the conditions laid down in sub-section (2) of Section 86. (3) Immunity from arrest etc.A ruler of a foreign State cannot be arrested under the Civil Procedure Code. A decree can be executed against his property; but only with the consent of the Central Government certified in writing by one of its Secretaries [sub-section (3) of Section 86]. (4) Ambassadors etcAmbassadors and Envoys of foreign State and High Commissioners of Commonwealth countries and their specified staff enjoy the same immunity from process of

Civil Courts as Foreign Rulers enjoy under Section 86 of the Code [Sub-section (4) of Section 86]. (5) DefinitionsExpressions Foreign State and Ruler in relation to such a State have been defined in Section 87 of the Code. A Foreign State and Ruler of such a State require recognition by the Central Government and every Court shall take judicial notice of the fact whether a State has or has not been so recognised and as to who has been recognised for the time being, as the head of the state. [Sub-section (2) of Section 87A]. 4. (1) Former Indian RulersThe immunities and privileges extended to Rulers of foreign States under Section 85 and sub-sections (1) and (3) of Section 86 are enjoyed by Rulers of those former Indian States which may, by notification in the Official Gazette, be specified for the purpose. (2) Notification under Section 87B of the Code of Civil ProcedureA notification issued by the Central Government specifying the former Indian State for the purposes of clause (a) of subsection (2) of Section 87B of the Code is reproduced in the Appendix to this Chapter. 5. Exemption from, personal appearance in CourtsThe persons entitled to exemption from personal appearance in Courts are specified in Section 133(1) of the Code of Civil Procedure as substituted by Act No. 66 of 1956. The persons to whom Section 87B applies are also entitled to this exemption.
APPENDIX [Paragraph 4(2) ]

[Published in the Gazette of India (Extraordinary) Part II, Section 3, dated the 1st April, 1951]. Ministry of States, notification No. S.R.O.468, dated the 1st April 1951. In pursuance of clause (a) of sub-section (2) of section 87B of the Code of Civil Procedure, 1908 (Act V of 1908), the Central Government hereby specifies the former Indian States mentioned in the Schedule hereto annexed for the purposes of the said section.
THE SCHEDULE

1. Athgarh. 2. Athmallik. 3. Bamra. 4. Baramba. 5. Baudh.

6. Bonai. 7. Daspalla. 8. Dhenkanal. 9. Gangpur. 10. Hindol. 11. Kalahandi. 12. Keonjhar. 13. Khandpara. 14. Mayurbhanj. 15. Narsinghpur. 16. Nayagrah. 17. Nilgiri. 18. Pal Lahara. 19. Patna. 20. Rairakhol. 21. Ranpur. 22. Sonepur. 23. Talcher. 24. Tigiria. 25. Kharsawan. 26. Seraikella. 27. Nandgaon. 28. Bastar.

29. Kanker. 30. Udaipur (Madhya Pradesh). 31. Sakti, 32. Chhuikhadan. 33. Raigarh. 34. Kawardha. 35. Sarangarh. 36. Korea. 37. Khairagarh. 38. Surguja. 39. Jashpur. 40. Changbhakar. 41. Makrai. 42. Loharu. 43. Dujana. 44. Pataudi. 45. Banganapallel. 46. Pudukkottai. 47. Sandur. 48. Ambaliara. 49. Balasinor. 50. Bansda. 51. Baria.

52. Bhaderwa. 53. Cambay. 54. Chotta Udepur. 55. Danta. 56. Dharampur. 57. Ghodasar. 58. Idar. 59. Ilol. 60. Jambughoda. 61. Jawahar. 62. Khadal. 63. Katosan. 64. Lunawada. 65. Malpur. 66. Mohanpur. 67. Mansa. 68. Palanpur. 69. Punadra. 70. Radhanpur. 71. Ranasan. 72. Rajpibla. 73. Sachin. 74. Sant.

75. Sudasna. 76. Surgana. 77. Valasna. 78. Varsoda. 79. Vasna. 80. Vijayangar. 81. Wao. 82. Sanjeli. 83. Tharad. 84. Vakhtapur. 85. Likhi. 86. Mandwa. 87. Dehrota. 88. Hapa. 89. Sathamba. 90. Umeta. 91. Magodi. 92. Pelaj. 93. Tajpuri. 94. Kurundward (Senior). 95. Kurundward (Junior). 96. Akalkot. 97. Savanur.

98. Miraj (Senior). 99. Miraj (Junior). 100. Mudhol. 101. Phaltan. 102. Sangli. 103. Aundh. 104. Ramdurg. 105. Bhor. 106. Jamakhandi. 107. Jath. 108. Swantwadi. 109. Wadi Jagir. 110. Jangira. 111. Baroda. 112. Kolhapur. 113. Teri Garhwal. 114. Banaras. 115. Rampur. 116. Cooch Behar. 117. Patiala. 118. Kapurthala. 119. Nabha. 120. Jind.

121. Faridkot. 122. Kalsia. 123. Nalagarh. 124. Malerkotla. 125. Travancore. 126. Cochin. 127. Gwalior. 128. Indore. 129. Alirajpur. 130. Barwani. 131. Dewas (Senior). 132. Dewas (Junior). 133. Dhar. 134. Jaora. 135. Jhabua. 136. Jobat. 137. Kathiwara. 138. Khilchipur. 139. Kurwai. 140. Narsingharh. 141. Raigarh. 142. Ratlam. 143. Sailana.

144. Sitamau. 145. Mathwar. 146. Piploda. 147. Pathair. 148. Muhammadgarh. 149. Nimkhera. 150. Jamnia. 151. Rajgarh. 152. Khaniadhana. 153. Alwar. 154. Bharatpur. 155. Dholpur. 156. Karauli. 157. Banswara. 158. Bundi. 159. Dungarpur. 160. Jhalawar. 161. Kishengarh. 162. Kotah. 163. Mewar. 164. Partapgarh. 165. Shahpura. 166. Tonk.

167. Jaipur. 168. Jaisalmer. 169. Bikaner. 170. Jodhpur. 171. Lawa. 172. Khushalgarh. 173. Nirmrana. 174. Sirohi. 175. Nawanagar. 176. Bhavanagar. 177. Porbandhar. 178. Dhurangadhra. 179. Morvi. 180. Gondal. 181. Jafrabad. 182. Wankarnor. 183. Palitana. 184. Dhrol. 185. Limbdi. 186. Rajkot. 187. Wadhwa. 188. Lakhtar. 189. Sayla.

190. Chuda. 191. Vala. 192. Jasdan. 193. Amarnagar (Thana Devli). 194. Vadia. 195. Lathi. 196. Muli. 197. Bajana. 198. Virpur. 199. Malia. 200. Kotda Sangani. 201. Jetpur. 202. Bilkha. 203. Patdi. 204. Khirasra. 205. Vanod. 206. Barwala. 207. Katodia. 208. Lodhika. 209. Vasavad. 210. Jalia Devani. 211. Zainabad. 212. Vithalgadh.

213. Tharoch. 214. Chamba. 215. Mandi. 216. Suket. 217. Keonthal. 218. Sirmur. 219. Bhagat. 220. Balsan. 221. Bashahr. 222. Jubbal. 223. Mahlog. 224. Dhami. 225. Bahjji. 226. Kuthar. 227. Kumarsain. 228. Baghal. 229. Mangal. 230. Kunihar. 231. Darkoti. 232. Sangri. 233. Beja. 234. Delath. 235. Ratesh.

236. Rawingarh. 237. Dhadi. 238. Ghund. 239. Khaneti. 240. Madhan. 241. Theog. 242. Koti. 243. Bhopal. 244. Bilaspur. 245. Kutch. 246. Tripura. 247. Manipur. 248. Ajaigarh. 249. Baoni. 250. Baraundja. 251. 252. 253. 254. 255. 256. 257. 258. 259. 260. 261. 262. Bijawar. Chhatarpur. Charkhari. Datia. Maihar. Nagod. Orchha. Panna. Rewa. Samthar. Alipura. Banka Pahari

263. 264. 265. 266. 267. 268. 269. 270. 271. 272. 273. 274. 275. 276. 277. 278. 279. 280. 281. 282. 283. 284.

Beri. Bhaisaunda. Bihar. Bijna. Dhurwai. Garrauli. Gaurihar. Jaso. Jigni. Kamta Rajaula. Kothi. Lugasi. Naigawan Rebai. Pahara. Paldeo (Nayagaon). Sarila. Sohawal. Taraon. Tori Fatehpur. Hyderabad. Mysore. Jammu and Kashmir.

CHAPTER 8
Ch. 8]

Suits by or Against the Government and Public Officers in Their Official Capacity
1. DateOrder XXVII, Rule 5, of the Code of Civil Procedure prescribed that in fixing the date for the hearing of a suit against the Government, the Court shall allow a reasonable time for the necessary communication with the department concerned through the proper channel. The period required will depend upon circumstnaces, and no invariable rule can be laid down on the point, but in most cases a period of two months will probably be suitable. 2. (i) Extension of timeIn fixing the period in any case, the representations of the officer who receives the summons or who is conducting the case on behalf of the Government should meet with due consideration, as the Code of Civil Procedure clearly contemplates that reference to Government, through the proper departmental channel, involving a certain delay shall be allowed for, and an extension of time should be given on reasonable cause being shown but on the other hand, the Civil Courts should be cautious to prevent undue delays, in these as in all other classes of suits. (ii) PriorityCases in which Government Departments are concerned and in which officials have to attend, should be disposed of promptly, care being taken to give due notice, where it is necessary for any reason to adjourn the case. 3. Two months institution of notice before institution of suitIt should further be remembered that Section 80 of the Code of Civil Procedure provides that no suit shall be instituted against the Government or a Public Officer in respect of an official act, unless two months notice has been given of the intention to bring such suit, and that the plaint must contain a statement that such notice has been duly given. Plaints of the nature indicated above which do not contain the required statement, should not be accepted, but should be returned for amendment or be rejected according as it may appear from the statement of the person presenting the plaint that notice has or has not been given. 4. Trials of case and persons to whom notice is to be givenThe changes effected in Section 79 of the Civil Procedure Code by the Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948, and Adaptation of Laws Order, 1950 as to the authority to be named as plaintiff or defendant in suit by or against the Government and in Section 80 of the Code by the Code of Civil Procedure (Amendment) Act, 1948 (No. VI of 1948) as to the person to whom notice is to be given in suits intended to be instituted against the Government or against a Public Officer should be borne in mind.

Now, in a suit by or against the Central Government the Union of India, should be named as the plaintiff or defendant, and in a suit by or against a State Government, the State should be named as plaintiff or defendant. A notice in writing under Section 80 C.P.C. has to be delivered to or life at the office of Secretary to the Government when the suit is against the Central Government but where it relates to a railway the notice has to be delivered or left at the office of the General Manager of that Railway. In the case of a suit against a State Government the notice has to be delivered to or left at the office of a Secretary to the Government or the Collector of the district. 5. Definition of Government and Government PleaderThe provision of Rule 8-B of Order XXVII, of the Code of Civil Procedure, which defines the terms, Government and Government Pleader for the purposes of that orders, may be carefully studied. 6. Hearing of suits etc. against the GovernmentTo avoid delays in the disposal of suits and proceeding against the Government and to prevent inconvenience to the law Officers of the Government the following directions should be observed: (1) No suit against the Government or public officer as such should be heard by a Court away from the headquarters of the District. (2) PrioritySuits and proceedings in which Government is a party should be given priority of hearing; and such cases should, when possible, be heard continuously until completion; and (3) Timely notice of adjournmentIf a date is fixed in a suit affecting the Government, and the Court is not prepared to hear the case on that date, timely notice if necessary by telegram, should be given to the Law Officer concerned by the Court. 7. Where in a suit by or against the Government or a public officer in his official capacity, a decree is passed against the Union of India or a State or, as the case may be, the public officer (the execution shall not be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of such decrees). (For the execution of such decrees see Rule 7 of Chapter 12-C).
1

8. The following notifications issued by the various Government under the Code of Civil Procedure are published for information:
I. Punjab Government Notification No. 1-C, dated the 1st January, 1909

1. Government PleaderWith reference to the definition of the expression Government Pleader contained in Section 2(7) of the Code of Civil Procedure (V of 1908), the Lieutenant Governor is pleased to appoint the Legal Remembrancer to the Punjab Government, the Government Advocate, Punjab, and the Assistant Legal Remembrancer, Punjab, respectively, to perform all or any of the functions expressly imposed by the said Code on the Government pleader except the functions specified in Order XXXIII, Rule 6, and in Order XXVII, Rule 4 thereof.

2. The Deputy Commissioner for the time being of every district in the Punjab is appointed to be the Government Pleader for his district for the purposes of Order XXXIII, Rule 6, and of Order XXVII, Rule 4, of the Code of Civil Procedure. 3. Nothing in this notification shall be deemed to affect the provision No. I-H, dated the 1st January, 1909 (now superseded by Punjab Government Notification No. 1073-J-37/13015, dated the 1st April, 1937, given below), regarding the recognised agents of Government under Order XXVII, Rule 2, of the Code of Civil Procedure.
II. Punjab Government Notification No. 1073-J-37/13015, dated the 1st April, 1937

1. Recognised AgentsIn supersession of Punjab Government notification No. I-H, dated the 1st January, 1909, and in accordance with the provisions of Order XXVII, Rule 2 of the First Schedule of the Code of Civil Procedure, 1908, the Governor of the Punjab is pleased to authorise all Deputy Commissioners in the Punjab, in virtue of their office to act for the Government in respect of all Judicial proceedings in which the Punjab Government is concerned and in which they may receive instructions from the financial commissioners or the Legal Remembrancer to Government. 2. In the Absence of the Deputy Commissioner, from his headquarters, the Senior Assistant Commissioner, or Extra Assistant Commissioner there present is hereby authorised to exercise the power hereby conferred on the Deputy Commissioner.
III. Punjab Government Notification No. 22963Judicial, dated the 10th December, 1917

Recognised AgentsIt is hereby notified that all Government Pleaders are, under Order XXVII, Rule 2, of the First Schedule to the Code of Civil Procedure ex-officio authorised to act for the Government in respect of all Judicial proceedings in the Courts within the civil districts for which they are appointed.
IV. Punjab Government Notification No. 1073-J-37/13017/H/ Judicial, dated the 1st April, 1937

Verification and signing of pleadingsIn supersession of Punjab Government notification No. 19798-Judicial, dated the 4th July, 1934, and in accordance with the provisions of Order XXVII, Rule 1, of the First Schedule of the Code of Civil Procedure, 1908, it is hereby ordered that in all suits by or against the Punjab Government Plaints or written statements on behalf of the Punjab Government, shall be signed and verified by the Deputy Commissioner for the time being of the district in which the cause of action in whole or in part arises or by any department concerned who is acquainted with the facts.

V. Government of India, Ministry of Law, New Delhi, the 8th April, 1953 (Published in Gazette of India, Part II, Section III, dated 18th April, 1953) (Notification No. S.R.O. 699 dated 8th April, 1953)

Delegation of function of the Central GovernmentIn pursuance of clause (1) of Article 239 and clause (1) of Article 243 of the Constitution, and in supersession of the notification of the Government of India in the late Home Department No. 204/307, Judicial, dated the 5th May, 1938, in partial modification of the notification of the Government of India in the Ministry of States, No. S.R.O. 460, dated the 24th August, 1950, in so far as it relates to the Civil Procedure Code, 1908 (Act V of 1908) the President hereby directs that the functions assigned to the Central Government by Order XXVII of the First Schedule to the Code of Civil Procedure, 1908 (Act V of 1908), shall be discharged by the Lieutenant Governor or the Chief Commissioner, as the case may be, of every Part C State, except the State of Manipur, in respect of such Part C States, and by the Chief Commissioner of the Andaman and Nicobar Islands in respect of these Islands.
VI. Delhi State Secretariat, Delhi Notification No. F. 7(9)/55, Judicial (i), dated 27th June, 1956

Verification and signing of plant in suit instituted in DelhiIn accordance with the provisions of Rule 1 of Order XXVII of the First Schedule to the Code of Civil Procedure, 1908, read with notification of the Government of India in the Ministry of Law No. S.R.O. 699, dated the 8th April, 1953, and in the supersession of this administrations notification No. F. 233/38General, dated the 24th December 1938, it is hereby ordered that in all suits instituted in Delhi by or against the Central or State Government, Plaints or written statements as the case may be, on behalf of the Government shall be signed and verified by the Government Pleader of the Delhi State Government or by the Deputy Commissioner, Delhi, or by any other Gazetted Officer of any Department concerned who is acquainted with the facts.
VII. Delhi State Secretariat, Delhi Notification No. F. 7(9)/55, Judicial (ii), dated the 27th June, 1956

Agents of the Government in suits instituted in DelhiIn accordance with the provisions of Rule 2 of Order XXVII of the First Schedule to the Code of Civil Procedure, 1908, read with the notification of the Government of India, in the Ministry of Law, No. S.R.O. 699, dated the 8th April, 1953, and in supersession of this administrations notification No. 233/38, General, dated the 24th December, 1938, the Chief Commissioner, Delhi, is pleased to authorise: (a) The Deputy Commissioner, Delhi (or in his absence from the headquarters, the Senior Assistant or E.A.C. present) and the Government Pleader of the Delhi State, to act for and on behalf of the Government in respect of all civil judicial proceedings in the subordinate Courts at Delhi. (b) The Advocate-General, Punjab any of his Assistants or the Standing Counsel of Delhi State to act for and on behalf of the Government in respect of all Judicial proceeding in the High Court of Judicature, Punjab, Chandigarh, and in its Circuit Bench at Delhi.

VIII. Ministry of Railway (Railway Board) New Delhi, the 7th September, 1951

S.R.O. No. 1399In exercise of the powers conferred by Rule 1 of Order XXVII of the First Schedule to the Code of Civil Procedure, 1908. (Act V of 1908), read with Section 141 of the said Code, the Central Government hereby authorises the General Manager and the Deputy General Manager of the Southern Railway to sign and verify plaints, written statements, petitions, applications including applications for executions and any other pleadings or proceedings in any suit or other proceedings by or against the Central Government in respect of the said Railway Administration.
IX. Ministry of Railway (Railway Board) New Delhi, the 8th March, 1952

S.R.O. No. 460In exercise of the powers conferred by Rule 1 of Order XXVII of the first schedule to the Code of Civil Procedure 1908 (Act V of 1908) read with Section 141, of the said Code, the Central Government hereby authorises the General Manager and the Deputy General Manager of the Central Railway to sign and verify plaints, written statements, petitions, applications including application for executions and any other pleadings or proceedings in any suit or other proceedings by or against the Central Government in respect of the said Railway Administration. S.R.O. No. 461In exercise of the powers conferred by Rule 1 of Order XXVII of the First Schedule to the Code of Civil Procedure 1908 (Act V of 1908) read with Section 141, of the said Code, the Central Government hereby authorises the General Manager and the Deputy General Manager of the Western Railway to sign and verify plaints, written statements, petitions, applications including applications for executions and any other pleadings or proceedings in any suit or other proceedings by or against the Central Government in respect of the said Railway Administration.
XI. New Delhi, the 10th July, 1952

S.R.O. No. 1250In exercise of the powers, conferred by Rule 1 of Order XXVII of the First Schedule to the Code of Civil Procedure, 1908 (Act V of 1908), read with Section 141 of the said Code, the Central Government hereby appoints each of the persons specified in column 2 of the Schedule annexed hereto to sign and verify plaints, written statements, petitions, applications including applications for executions and any other pleadings or proceedings in any suit or other proceedings by or against the Central Government in respect of the railway administration specified in the corresponding entry in column I of the said Schedule.
Schedule

Railway

Persons Appointed to Sign and

Administration Northern Railway Eastern Railway North Eastern Railway

Verify the Plaint, etc. General Manager and Deputy General Manager General Manager and Deputy General Manager General Manager and Deputy General Manager

XII S.R.O. No. 1251It is hereby notified for general information that the General Manager and Deputy General Manager of the Northern Eastern and North Eastern Railways are ex-officio authorised to act for and on behalf of the Central Government in respect of all Judicial proceedings in which the Northern, Eastern and North-Eastern Railway administration may respectively be concerned.
XIII. Ministry of Railways New Delhi, the 18th June, 1953

S.R.O. No. 1266In exercise of the powers, conferred by Rule 1, read with clause (a) of Rule 8B of Order XXVII of the First Schedule to the Code of Civil Procedure, 1908 (Act V of 1908), the Central Government hereby appoints in addition to the persons already authorised in notifications of the Government of India in the Ministry of Railways (Railway Board) No. E51 LL2/14/3, dated the 7th September, 1951, No. E51LL2/14/3/I dated the 8th March, 1952, No. E51LL2/14/3/II, dated the 10th July 1952, each of the persons specified in column 2 of the Schedule annexed hereto to sign and verify written statements, petitions, applications, including applications for execution and any other pleadings or proceedings in any suit or other proceedings relating to compensation (claims) against the Central Government arising out of loss of or damage, to or deterioration of booked consignments in respect of the railway administration specified in the corresponding entry in column 1 of the said Schedule.
The Schedule

Railway Administration Southern Railway

Persons appointed to sign and verify written statements, petitions, etc. Chief Commercial Superintendent. Deputy Chief Commercial Superintendent Chief Commercial Superintendent. Deputy Chief Commercial Superintendent

Central Railway

XIV. Ministry of Railway (Railway Board) New Delhi, the 24th December, 1953

S.R.O. No. 36In exercise of the powers, conferred by Rule 1, read with clause (a) of Rule 8-B, of Order XXVII of the First Schedule to the Code of Civil Procedure, 1908 (Act V of 1908) the Central Government hereby appoints the District Traffic Superintendent (Claims), North Eastern Railway, headquartered at Calcutta, in addition to the Chief Commercial Superintendent, Deputy Chief Commercial Superintendent, North-Eastern Railway, already authorised in the notification of Government of India in the Ministry of Railway (Railway Board) No. 52 LLI/19/3, dated the 18th June, 1953, to sign and verify written statements, petitions, applications including applications for executions and any other pleadings or proceedings in any suit or other proceedings relating to compensation (claims) against the Central Government arising out of loss of or damage to or deterioration of booked consignments in respect of the North-Eastern Railway.
XV

S.R.O. No. 37It is hereby notified for general information that the District Traffic Superintendent (Claims), North-Eastern Railway, Headquartered at Calcutta, is ex-officio authorised to act for and on behalf of the Central Government in respect of judicial proceedings relating to compensation (claims) against the Central Government, arising out of loss of or damage to or deterioration of booked consignments in respect of the North-Eastern Railway.
XVI. Ministry of Railways (Railway Board) New Delhi, the lithe September, 1961

G.S.R. 1138In exercise of the powers conferred by Rule 1 of Order XXVII of the First Schedule of the Code of Civil Procedure, 1908 (5 of 1908) and in supersession of all notifications on the subject, the Central Government hereby appoints: (i) the officers hereby specified in the Schedule annexed hereto as persons by whom plaints and written statements in suits in any Court of civil jurisdiction by or against the Central Government in respect of the Railway Administration shall be signed. (ii) those of the officers referred to in sub-clause (i) who are acquainted with the facts of the case, as persons by whom such plaints and written-statements shall be verified.
Schedule

1. Ministers of Railways (Railway Board) (i) Secretary (ii) Deputy Secretary

(iii) Undersecretary 2. All Railway. (i) General Manager (ii) Deputy General Manager. (iii) Chief Personnel Officer. (iv) Deputy Chief Personnel Officer. (v) Chief Commercial Superintendent. (vi) Deputy Chief Commercial Superintendent. (vii) In the case of the North East Frontier Railways also: (a) Chief Traffic Superintendent. (b) Deputy Chief Traffic Superintendent. 3. The Chittaranjan Locomotive Works, Chittaranjan. (i) General Manager. (ii) Deputy General Manager. 4. The Integral Coach Factory, Perambur. Chief Administrative Officer. 5. The Railway Electrification, Calcutta. General Manager and Chief Engineer. 6. The Indian Railways Locomotive Competent Works, Varanasi. Chief Engineer. 7. The Dandakarnva-Bolandri-Kiriburu Railway Project, Waltiar. General Manager.
XVII. Ministry of Railways (Railway Board) (New Delhi, the 7th October, 1961)

G.S.R. 1269In pursuance of the provisions of Rule 2 of Order XXII in the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), the Central Government hereby authorises the

officer specified in the Schedule annexed to the notification of the Government of India in the Ministry of Railway (Railway Board) No. G.S.R. 1138, dated 11th September, 1961, to act for and on behalf of the Central Government in respect of any judicial proceeding relating to a Railway Administration. (G.S. No. 3 Rules/X.A. 19(a), dated the 16th January, 1963). 1. Substituted in view of Act No. 104 of 1976.

CHAPTER 9
Ch. 9]

Utilisation of the Services of the Special Kanungo or Patwari Muharrir

1. Procedure for obtaining excerptsFor the purpose of making the information contained in the revenue records accessible to the litigating public and to the Courts, a Special Kanungo or Patwari Muharrir has been appointed in all the districts of the Punjab, except Simla. The procedure to the followed in such cases is that the Court in which the suit is pending issues a summons to the Special Kanungo or Patwari Muharrir, who, after preparing his excerpt, goes to the Court on the date fixed, taking with him the revenue records from which the excerpt has been complied. He is then placed in the witness box. Counsel thus have the opportunity of comparing the excerpt with the originals, and of examining him on any points they choose. 2. Particulars to be supplied to Kanungo or Patwari MuharrirParties who desire to summon the Special Kanungo or Patwari Muharrir as a witness with his records must be required to state succinctly and in writing the point on which information is required, and the application must be sent along with the summons to the Special Kanungo or Patwari Muharrir. The Courts must see that the application is in a readily intelligible from before they issue it, and the practice where it occurs, of sending for the Special Kanungo, or Patwari Muharrir to tell him what is required must be discontinued though Courts may also issue written instructions, or supplement or correct the application. 3. Kanungo or Patwari Muharrir should be utilised for special purposes and only at earlier stagesCourts must be on their guard against using the Kanungo or Patwari Muharrir for purposes for which he is not to be used as a local Commissioner, or to be asked to provide instances in support of or to refute an alleged custom. Courts must also see that, if the Special Kanungo or Patwari Muharrir is required, he is summoned for the first hearing after issues are framed, and not, as sometimes happens at present, at the end of the case. They must also never fail to ask him on oath whether the excerpt is in accordance with the revenue records. 4. Excerpt to be proved utilising of Kanungo or Patwari Muharrir by outlying CourtsThe excerpt prepared by the Special Kanungo or Patwari Muharrir is not evidence unless proved and cannot be used as such. He cannot be allowed to go to outlying Courts because he cannot take the revenue records with him, and without them there would be no check over his excerpt. It is, however, very desirable that outlying Courts should be able to utilize the Special Kanungo of the Patwari Muharrir, and, as the best practicable method of securing that object, Presiding Officers of outlying Courts may issue either interrogatories for the Special Kanungo or Patwari Muharrir or an open Commission to a senior official at headquarters ordinarily and, unless there is some special reason to the contrary, the Senior Subordinate Judge. This official, who will have other unties and is described in the instructions appended as the officer-in-charge will then comply with the directions given, summon the Special Kanungo or Patwari Muharrir, record his

statement on oath and make the return to the Court. In this connection attention is drawn to Order XXVI, Rule 18 (1), of the Code of Civil Procedure. The issue of a Commission should not become a source of unnecessary delay, and the officer-in-charge should in the absence of very strong reasons proceed in the absence of parties if they do not appear. Parties should be informed that their appearance at headquarters is optional if interrogatories are issued. 5. The following instructions have been issued for the guidance of the Courts and of the Special Kanungo or Patwari Muharrir and it will be the immediate duty of the officer-in-charge to see that these instructions are followed:
Instructions Regarding the Utilisation of the Services of the Special Kanungo or Patwari Muharrir

(i) Application should be made to CourtApplications for the service of the Special Kanungo or Patwari Muharrir must be made to the Court and may not be made direct to the Special Kanungo or Patwari Muharrir. (ii) It should specify the points of informationSuch applications must state clearly the point on which information is required, and if this condition is not fulfilled they will be liable to be returned for amendment. They may, however, be supplemented or corrected by the Court. (iii) FeesWhenever an application is sent to the Special Kanungo or Patwari Muharrir he must, at the same time be summoned, as a witness, and the applicant must at once deposit into Court the fee for evidence which is Rs. 3/- and excerpt, fee of Rs.6/-. NoteIf the Kanungo or Patwari Muharrir is only required to produce a revenue record or if he is only summoned with the original revenue record in order to verify whether a copy is correct, an evidence fee of Rs. 3 only will suffice. This deposit shall be credited at once into the treasury under the head XXIAdministration of JusticeGeneral Fees, Fines and ForfeituresOther General Fees, Fines and Forfeitures and particulars of the credit noted on the application and the summons issued to the Special Kanungo or Patwari Muharrir. No summons shall be issued until this amount is paid by the party concerned and credited into the treasury. (iv) Application should be made in timeCourts to which applications are made must see that they are made promptly (within a short time to be fixed by the Court after the date on which issues are framed) so that the Special Kanungo or Patwari Muharrir may be ready with this excerpt and give evidence on the next date fixed. (v) Excerpt should be a true copy and should be provedCourts must remember that unless proved the excerpt of the Special Kanungo or Patwari Muharrir is not evidence and must not be treated as such. The Special Kanungo or Patwari Muharrir must, when he goes to Court always bring with him the original records from which his excerpt has been compiled, so that they may be available for comparison. He must always be put on oath, and be asked to say whether the excerpt is a true copy of a portion of the original records. The excerpt must be a correct copy of such portions of the revenue records as are relevant and not merely a summary or paraphrase.

(vi) Comparison with originalThe Court should, as a rule, compare with the original records some of the entries in the abstract and initial and date those thus compared. (vii) FeesThe fee for the preparations of the excerpt will be a consolidated one of Rs. 3 which will cover the cost of search and preparation of the excerpt. Any extra fee fixed should be recovered at the hearing. (viii) Register kept by Kanungo or Patwari MuharrirA register in form A annexed is prescribed or the Special Kanungo or Patwari Muharrir. (ix) Register kept by CourtA very simple form of register in form B is prescribed for Courts using the Special Kanungo or Patwari Muharrir. The main objects of it are to facilitate inspection and to provide, if necessary means of checking that of the Special Kanungo or Patwari Muharrir and to verify the amounts credited into the Treasury. Each entry in the Register shall be attested by the Presiding Officer of the Court, in the column provided for the purpose, in token that the amount has been credited to Government as required by rule (iii). (x) Procedure of outlying CourtsIf the application is made to a Court, which is not situated at the district headquarters, the Court will forward the application to the officer-in-charge, together with a certificate that the fee of Rs. 6 has been recovered and credited to Government as in rule (iii), and will either issue an open Commissioner to him or will send interrogatories. (xi) Procedure of officer-in-charge when excerpt required by outlying CourtThe officer-incharge will then transmit application to the Special Kanungo or Patwari Muharrir together with the interrogatories, if any, and will call upon him to prepare the excerpt required and to attend to give evidence. When he attends his evidence, whether in the form of answers to interrogatories or otherwise, must be recorded on oath. The officer-in-charge must see that the Special Kanungo or Patwari complies with Rule (v) above, and his attention is particularly drawn to the provisions of Order XXVI, Rule 18. The examination of the Special Kanungo or Patwari Muharrir must not be postponed for the absence of parties. The outlying Court must inform parties that their presence at Sadar is unnecessary if interrogatories have been issued. (xii) Procedure of Officer-in-charge when excerpt required by outlying CourtWhen the evidence has been recorded, the officer-in-charge will fix the excerpt fee and the application will be returned with the evidence and the report, if any, together with an intimation of the amount of the excerpt fee to the Court of issue. Any additional excerpt fee payable will be recovered from the party concerned at the next hearing before the Special Kanungos or Patwari Muharrirs evidence is admitted to the record and will be credited to the Government in the Treasury by the Court in the manner prescribed in rule (iii) above. (xiii) Purpose for which Kanungo or Patwari Muharrir can be utilizedThe officer-in-charge, and the Courts must understand that the Special Kanungo or Patwari Muharrir is to be used only for the purpose of obtaining information which is not readily available. Thus he must not be asked to prepare copies of pedigree-tables or of histories of villages, which can be obtained from

the Copying Agency. Nor must he be required to search for instances in support of or against an alleged custom, or be used as a local Commissioner. (xiv) Kanungo or Patwari Muharrir to report when he is utilized against rulesThe Special Kanungo or Patwari Muharrir should report at once to the officer-in-charge any case in which he considers that rule (xiii) is being infringed. (xv) Duty of officer-in-chargeIt is the duty of the officer-in-charge to control generally the work of the Special Kanungo or Patwari Muharrir and the use made of him by the Courts and to report any irregularities to the District Judge. (xvi) Inspection BookAn inspection book in form C for recording notes on inspection of Courts will be maintained and kept in the office of the District Judge, but it may be used either by him or by the officer-in-charge. (xvii) Duty of District JudgeThe District Judge is expected to watch the system carefully and to record his inspection notes in this inspection book.

CHAPTER 10
Ch. 10

Commissions and Letters of Request

Part A]

Part A GENERAL INSTRUCTIONS

1. Reference to C.P.C.The general law as to Commissions and Letters of Request is contained in Sections 75 to 78 and Order XXVI of the Code of Civil Procedure, and the Forms to be used are Nos. 7 or 8 of Appendix H of Schedule 1. 2. Fees of CommissionerApplications for the issue of Commissions should be made as early as possible. Notice of any such application should be given to the other side. If the Application is granted, the Court should fix a sum for the expenses of the Commission, which should, ordinarily provide a reasonable fee to the Commissioner. If, at any time, the sum so fixed is found to be insufficient, it may, for special reasons, be increased by the Court. When the Commission is executed to the satisfaction of the Court, the full sum fixed should be paid to the Commissioner; but where the commission is not executed at all or not fully or satisfactorily executed or the work done turns out to be less than was expected, it will be in the discretion of the Court to direct a less amount to be paid, or to make any other order in the matter which it thinks just and proper in the circumstances. 3. Commission for local inquiry and accountsWhenever it becomes necessary in the course of a suit to appoint a Commissioner to make a local inquiry or to examine accounts (see Order XXVI) the Judicial officer who makes the order for such appointment should write the order with his own hand, and specify therein: (a) the precise matter of the inquiry: (b) the reason why the evidence bearing on that matter could not reasonably have been taken in the usual way at the trial in Court. A Court cannot issue a Commission merely to save itself the time and trouble of examining witnesses. 4. Functions of CommissionerThe Commissioners duties should be strictly limited by the order to such matters as taking accounts and depositions of witnesses, inspecting the land or other subject of dispute, and reporting to the Court, either by means of a map or plan, or in writing, or both, the existing physical features of the subject inspected, its boundaries and situation relative to other objects, and so on, as the case may be. The functions of the Commissioner are thus limited to procuring evidence and information, for the purpose of the trial; and this evidence, including the maps, reports and record of evidence, made by the

Commissioner, must be adduced in open Court before the parties, and placed on records like all other evidence. The Court has no power to depute to the Commissioner the final determination of any issue between the parties. The Court can take into consideration the report of the Commissioner, but must itself decide the issue. 5. Commissioner for partition of propertyUnder Order XXVI, Rules 13 and 14, a Commission for the partition of immovable property may be issued to such person or persons as the Court thinks fit. The wishes of the parties in the matter should also be taken into consideration. 6. Execution of Commission in MadrasCommissions for execution in the Presidency Town of Madras should be addressed either to the Registrar, Court of Small Causes, Madras, or to the City Civil Judge, Madras.
Part B]

Part B APPOINTMENT OF COMMISSIONERS

1. Instructions for the guidance of CourtsInstructions contained in this Chapter are administrative and are not to be regarded as binding the discretion of Civil Courts in making appointments of Commissioners. 2. (i) Penal of Commissioners for recording evidenceOrdinarily a panel of not more than four persons including a lady lawyer, if available, shall be appointed by the High Court in each district as Commissioners for recording evidence. Such Commissioners should ordinarily be younger members of the Bar but not men in large practice and retired Civil Judicial Officers. (ii) District Judge to forward all applications with his recommendations to the High CourtAll vacancies which arise for appointment of such Commissioners shall be circulated by the District Judge to the members of the Bar and all applications received shall be forwarded by him in original to the High Court with his recommendations, duly supported by reasons for recommending a particular person. (iii) Term for such appointmentCommissioners for recording evidence will normally be appointed to the panel for a period of three years or until further orders, whichever may be earlier. The term may be renewed for a further period of three years, but after six years there will normally be no reappointment. 3. Official Receivers to be appointed to the panel ex-officioOfficial Receivers, should be appointed ex-officio to the panel on the understanding that the appointment is until further or until the end of the period of appointment as Official Receiver, whichever may be earlier. 4. Measure to prevent delay in the return of CommissionsA consolidated list of Commissioners with their addresses shall be prepared in the High Court annually and copies of the list sent to the District Judges for supply to all Courts. It is believed that by sending commissions direct to Commissioners time would be saved. In order to ensure punctuality of the return of the Commissions, only a part of the fee should be paid in advance and the balance

should be paid when the Commission is returned by the Commissioner within the period fixed by the Court. 5. Court Readers or other Ministerial Officers should never be appointed to make local investigations, such as finding out the market value of the property, etc. Such Commissions should be issued wherever possible to retired Revenue Officers or professional men, such as engineers, contractors, auctioneers and accountants. Legal Practitioners are not excluded from appointment as local investigation commissioners, but the best man for the particular commission in question should be appointed Revenue Officers in service such as Tehsildars and Naib-Tehsildars should not, as a rule, be appointed when retired officers suitable for the work are available. The wishes of the parties in regard to the appointment of a particular individual as Commissioner for local investigations should be taken into consideration while making such appointments. 6. Selection of Commissioner to examine accountsCommissioners to examine accounts should be selected from men competent in the particular form of accounts. It is absolutely futile to issue Commissions in a particular form of account to a person who is unable even to read the script in which those accounts are written. 7. Selection of CommissionersGreat care should be exercised by the Courts in selecting persons for appointment as Commissioners for the purpose of making local inquiries; and District Judges should exercise strict supervision over the action of subordinate Courts in this respect. The habitual employment of the same person should not be encouraged. The issue of Commissions to petition-writers, and persons who hang about the Courts should not be permitted.
Part C]

Part C RECIPROCAL ARRANGEMENTS WITH JAMMU AND KASHMIR STATE FOR EXECUTION OF COMMISSION AND LETTERS OF REQUEST FOR EXAMINATION OF WITNESSES

1. References-Subject to such conditions and limitations as may be prescribed, the provisions of the Code of Civil Procedure, 1908 (Act V of 1908) as to the execution and return of commissions for the examination of witnesses shall apply to commissions issued by or at the instance of Courts situate in any part of India to which the provisions of the said Code do not extend. [Section 78, Clause (a) of the Code]. 2. Whether Jammu and Kashmir State is a part of IndiaThe State of Jammu and Kashmir is a part of India (Vide, Article 1 of the Constitution of India) to which the provisions of the Code do not extend. [Section 1(3) of the Code, as amended by Act II of 1951]. In this connection it may also be pointed out that the definition of India given in Section 2(7B), as inserted in the Code by Act II of 1951, does not apply to Section 78 of the Code. Section 78, therefore, makes provisions for the execution and return of commissions for examination of witnesses, issued by Civil Courts in Jammu and Kashmir State by the Civil Courts in those parts of India where the Code extends.

3. Reciprocal arrangements with Jammu & Kashmir StateArrangements exist under which commissions or interrogatories can be issued by Civil Courts in India to Civil Courts in Jammu and Kashmir and vice versa. Such commissions are to be and should be exchanged through the District Judge concerned of the two administrations. [High Court of Jammu and Kashmir letter No. 6053, dated the 6th January, 1956, and Punjab High Court endorsement No. 1227-Genl/X.B. 10(c), dated 30th January, 1956, to all District and Sessions Judges in Punjab and District and Sessions Judge, Delhi]. 4. Certain rules of the High Court of Jammu & KashmirCertain Rules and Orders of the Jammu and Kashmir High Court are reproduced below for the information of the Civil Courts in Punjab: 172. Persons to whom commission for examination of witness shall be addressedOrdinarily a commission for the examination of a witness, wherever he may reside, shall be addressed to the pleader, but such commission may, if it appears desirable, be addressed to a Court. 174. Remuneration of Pleaders for executing commissionFor the remuneration of a pleader to whom a commission to examine witnesses is issued, the Court should require the party applying to pay a fee ordinarily not exceeding five rupees for the first witness, and two rupees eight annas for each subsequent witness to be examined if the Court be that of a Munsiff; or not exceeding ten rupees for the first witness and five rupees for each subsequent witness in the case of any higher Court. If payment of higher fees than the above be required, the reasons shall be recorded by the Judge with his own hand. 175. The Commission together with the amount of the fee, should be sent to the Court in which the Commissioner is a practising pleader, and the commission should be immediately delivered to him (unless he refuses to act). If the witness or witnesses are examined, so that the Commissioner can make a return within the time limited on his returning the commission duly executed the fee should be paid over to him otherwise the commission, together with such evidence as may have been taken, shall be returned to the Court from which it originally issued and such Court may by order allow such fee as it thinks reasonable to the Commissioner for the work done. 177. A Court receiving a commission for the examination of a witness shall not return such commission unexecuted until the expiry of one month from the date on which the commission was received and otherwise than with a letter in English or Urdu explaining the reason why the commission has not been executed. 178. When a letter of request to be issuedOrder XXVI, Rule 5, of the Code of Civil Procedure lays down that a Court may issue a letter of request if it is satisfied that the evidence of a person residing at any place not within (India) is necessary.
1

179. Letters of request under Section 77 of Civil Procedure CodeWhen a Court issues a letter of request under Section 77 of the Code of Civil Procedure, to examine a witness or witnesses residing at any place outside 1(India), it shall send therewith a list of the questions to be asked the witness or witnesses and a translation of the letter of request and of questions into English and

where possible into the language of the Court to which the letter of request is sent. In cases where both the parties are to be represented at the examination the Court may, if so desired by the parties ask in the letter of request that the agents of the parties, be permitted to put such further questions in examination and cross examination as they may be advised. The party on whose application the letter of request is issued shall give an undertaking to be responsible for the expenses incurred in its execution. Nothing in this rule prohibits a Court issuing a commission from enlarging from time to time the period within which the return may be made. 5. Letters of requestIn view of Section 77 of our Code the Courts may, in lieu of issuing a commission, issue a letter of request to examine a witness at any place not within India. For the purposes of this section the definition of India in Section 2(7B) of the Code would hold good and Jammu and Kashmir would be a place not within India. 6. List of Civil Courts in Jammu & Kashmir StateFollowing is a list of Civil Courts in the two provinces of Jammu and Kashmir which also indicates the limits of their territorial jurisdiction:
Jammu Province

1. District Judge, Jammu Jammu excluding Tehsil Samba, R.S. Pura and Akhnoor. 2. Munsiff, Ranbir Singh Pura Tehsil R.S. Pura. 3. Munsiff, Samba Tehsil Samba. 4. Munsiff, Akhnoor Tehsil Akhnoor. 5. Sub-Judge, Udhampur Udhampur District excluding Ramnagar and Reasi Tehsils. 6. Sub-Judge, Reasi Reasi. 7. Sub-Judge, Ramnagar Ramnagar. 8. Sub-Judge, Bhaderwah Doda District excluding Kishtwar and Ramban. 9. Munsiff, Kishtwar Kishtwar. 10. Munsiff, Ramban Ramban. 11. Sub-Judge, Poonch Poonch District excluding Rajouri. 12. Sub-Judge, Rajouri Rajouri. 13. Sub-Judge, Kathua Kathua District.

Kashmir Province

14. District Judge, Srinagar Srinagar District. 15. Sub-Judge, Anantnag Anantnag District and excluding Shopian and Pulwama Tehsils. 16. Munsiff, Shopian Shopian and Phulwama Tehsils. 17. Sub-Judge, Baramulla Baramulla District excluding Sopore and Handwara. 18. Munsiff, Sopore Sopore. 19. Munsiff, Handwara Handwara. 20. Deputy Commissioner, Leh Ladakh District.
Part D]

Part D COMMISSIONS AND LETTERS OF REQUEST FOR THE EXAMINATION OF WITNESSES IN FOREIGN COUNTRIES

1. Letters of request if preferableThere are two methods of obtaining evidence in a foreign country, namely, by a Letter of Request addressed to a foreign Court or by means of a Commission appointing an individual to take the evidence thus constituting him pro tanto an officer of the Court. It may be noted that the Commissioner has ordinarily no power to compel the attendance of a witness. He can only invite the witness to present himself and give evidence. If the witness declines to do so, the Commissioner is helpless. If, on the other hand, recourse is had to a Letter of Request addressed to the foreign Court concerned, the latter can, if necessary, exercise its power of compulsion. Further a Commissioner can record evidence only if the local law of the country where the commission is sent permits the Commissioner to record evidence. It will appear from the above that a letter of Request is ordinarily the more appropriate method in the case of foreign countries. 2. Commission for EnglandWhenever a Court issues a Commission of other process for the examination of a witness in England, the High Court in England will itself appoint an examiner to take the evidence, if application is properly made to it for the purpose. It must, however, be borne in mind that the Court cannot act in any way unless moved to do so by a proper application. In every case, therefore, in which the help of the High Court in England is desired, the party interested must instruct a solicitor in England to apply to the said Court to make the necessary order. The papers are not to be forwarded through High Court. The Court has simply to make an order for the examination of a witness and handover a copy of its order with interrogatories and cross-interrogatories to the party concerned who will move the High Court in England through a solicitor to take steps for the examination of the witnesses.

3. Commission to British Consular OfficerIndia is not a party to any civil procedure convention and, therefore, it depends entirely on the local law of the foreign country in question whether British Consular Officers are permitted to serve documents or to take evidence on behalf of Courts in India and, if so, under what circumstances. Where it is not known that he is so permitted a British Consular Officer should not be appointed as a Commissioner or Examiner to take evidence in any case unless and until the permission of the Foreign Officer has been obtained. When the permission of the Secretary, of State is sought for the taking of evidence by a British Consular Officer in a Foreign country other than the United States of America, the nationality of the intended witness or witnesses should be stated. The names of the countries where there is no difficulty as regards the taking of evidence by British Consular Officer and in the case of which it is unnecessary to apply for permission to the Foreign Officer are given in the Schedule to this part of the Chapter. 4. FormsCommissions should be issued in Form 7 Appendix H.P.C. Code. In countries where process to compel the attendance of the witness will not be issued by the local Courts, the words Process to compel the attendance of the witness will be issued by any Court having jurisdiction on your application should be deleted from the form. 5. Special ProcedureThere should be a formal order appointing a stated person to execute the Commission, and the name of the Commissioner should be filled up in the form Orders appointing a British Consular Officer to take evidence should refer to His Majestys Consul (Consul-General) at........or his Deputy. 6. For special procedure in regard to particular foreign countries see Chapter 10-E.
Letters of Request

8. AddressesLetters of Request are addressed to the Judicial authorities of the country in which the evidence is to be recorded. These authorities can enforce the attendance of witnesses by civil process as Courts in India can do. NoteLetters of Request are not to be employed to obtain evidence from the United States of America, which prefer the method of commissions to be employed and will enforce the attendance of witnesses before Commissioner. All other countries receive and execute Letters of Request. 9. FormCommissions and Letters of Request for Burma should be forwarded by the High Court of Punjab at Chandigarh, direct to the High Court, Rangoon. 10. The Letters of Request should begin with the name of the Court issuing it and the title of the case in which it is issued. 11. Instructions filling in form. Form 8 in Appendix H should be carefully read and properly filled in after making necessary alterations, e.g., (a) Where viva voce examination is not to be made, these words should be deleted.

(b) If the request is directed to a foreign Court, the words through the Ministry of External Affairs of the Government of India for transmission should be inserted after the words other witnesses in the last line of this form. (c) In the heading the President and Judges, etc., etc., or as the case may be, the correct designation of the presiding officer of the Court should be given. It should not be addressed to the Registrar of the Court or Consular Officer, etc., who are not presiding officers of the Court. (d) The words together with such request in writing, if any, for the examination of other witnesses should be deleted where the Letter of Request is not to be returned for the examination of other witnesses. (e) The laws of some countries, e.g., Japan require that the parties to the case should be informed of the date fixed for the examination of the witnesses. This naturally involves a great delay. So where it is desired that notice of the date fixed should not be given to the parties this fact should be mentioned in the Letter of Request and the words in the presence of the agents of.............. attend such examination should be deleted. 12. When proper address is not knownWhere the proper description of the Foreign Judicial Authority in question is not known, the Letter of Request should be addressed to the Competent Judicial Authority in................. (name of the country concerned). 13. Witnesses living in different statesWhere witnesses reside in different states of the same country, separate Letters of Request for each state should be sent. 14. Foreign Courts not to collect evidence or appoint expertsForeign Courts should not be asked in Letters of Request to name and appoint experts to give evidence, or themselves to collect evidence. 15. Mode of preparationThe Letters of Request in duplicate should be signed by the Judge or Registrar of the Indian Court and bear the official seal of the Court. The Letter of Request in duplicate should either at the foot thereof contain a Schedule of all relevant documents forming part of such Letters of Request or be followed immediately by an Index of such documents. The first documents should be a concise narrative of the action of the parties thereto and of the course to be pursued. This document and the other documents which should be as far as possible in chronological order should be numbered or lettered to correspond with the Schedule or Indexmentioned above. If any of the documents in the Letters of Request are in original, the copies appearing in the duplicate Letters of Request should be certified by an official of the Court that they have been examined and should bear the seal of the Court.
General

16. The following general instructions should be observed when issuing Commissions or Letters of Request:

17. To be issued only when absolutely necessaryOrder XXVI, Rule 5 of the Code of Civil Procedure lays down that a Court may issue a Letter of Request or Commission if it is satisfied that the evidence of a person residing at any place not within India is necessary. Court should, therefore, exercise proper discretion in dealing with applications for the issue of such letters of Request and Commissions which should be granted only in exceptional cases. In suits of a comparatively petty nature it is obviously undesirable to allow the delay in disposal which is bound to result from the issue of a Letter of Request or Commission. 18. Fixing of datesIn no case should a precise date be fixed in the Letter of Request for the return of the service. It is impossible for a Court in India to order a date before which a foreign judicial authority must execute a request which it is under no obligation to execute at all. A sufficiently long date, however, (in any case not less than four months) may be fixed for the appearance of the parties before the Court in expectation of the return of the service after making allowance (a) for the time which is bound to be taken by the various channels through which the documents have to pass, and (b) the distance and means of communication between the place of residence of the witness and the place where his evidence is to be recorded and the time required for service on the person to be examined. 19. Fees and how to remit themThe table below shows the approximate cost required for the execution of Letters of Request and Commission, etc., in various foreign countries. Mission Deposit Required Rs. ....... ....... ....... ....... ....... ....... ....... ....... ....... 200 700 300 850 150 750 100 100 700

Ethiopia New York Dacca London Pondicherry Canada Capetown Singapore Washington

Suva Buenos Aires Port Louis Aden Indo-China Canberra (Tanmania) Canberra (South Australia) Canberra (Victoria) Canberra (Queensland)

....... ....... ....... ....... ....... ....... ....... ....... .......

250 200 150 060 400 100 500 100 200

In regard to the countries which are not included in the table, a sum of rupees two hundred may be considered to be an adequate deposit. Each individual case may be settled on its merits and with reference to the nature and volume of work required to be performed. Before sending such documents for execution abroad, the parties should be asked to deposit the necessary amount with the Court for meeting expenses, subject to adjustment latter on. The fees for the execution of Commissions and Letters of Request should be remitted direct by bank drafts drawn in favour of the executing Courts concerned in all Foreign Countries. Necessary permission is to be obtained for the purpose from the Reserve Bank of India, application being made to any of its offices. 20. Channel of transmissionCommission and Letters of Request should not be sent direct (except where it is so provided) but should be forwarded to the Registrar, High Court of Punjab at Chandigarh, through the District Judge. In countries where the Government of India have diplomatic representatives of their own documents should be routed through those diplomatic representatives, but in countries where the Government of India have not as yet appointed diplomatic representatives the issue of such documents should be between the foreign office of the country concerned and the Ministry of External Affairs and Commonwealth Relations and the Union of India. An exception is made in the case of certain countries, viz., the Federated Malaya State, Iraq and Nepal to which processes may be forwarded direct by the Indian Courts. 21. The Chief Commissioner, Delhi, represents the Government for the Union territory of Delhi.

22. TranslationCommissions and Letters of Request, interrogatories and cross-interrogatories and all other accompaniments should be translated in duplicate into English and in the language of the country where the writ is to be executed such translations should be certified to be correct. 23. Documents should be typedAll the documents should be neatly typed on, superior paper of full-scape size and should be expressed in grammatical and properly spelt idiomatic English. 24. Signature and sealThe Commission and Letter of Request and all their enclosures should be signed and sealed, by the Presiding-Officer of the Court. The signature and seal impression should be clear. 25. Addresses of witnessesThe exact postal addresses and full name and description of the persons to be examined should be given in the writ of Commission or Letter of Request and also in the forwarding letter or in the first document referred to in Rule 14. 26. Preparation of the writ of commissionA complete description of the enclosures accompanying the writ of Commission should be given in the writ as well as in the forwarding letter and such lists should be prepared in triplicate. 27. TranslationWhere the language of the country to which the Commissions or Letter of Request is sent is not English a specific request should be made that the executing Court or Consular Officer should cause translations of all the documents sent by him to be made in English and money for that purpose should be recovered in advance from the party concerned. Similarly, where a party at whose instance a Commission or Letter of Request is issued is unable to prepare a translation of the documents in the language of the country concerned, a request should be made that translation be arranged by the India Office or Consular Officer concerned and costs of such translation should be recovered in advance. Approximate charges for translations into certain foreign languages are given as under:
2

Per folio of 72 words. French German Spanish Portugues Italian Dutch 2/3d. l/6d.

Scandinavian Russian Polish Czechoslovak Hungarian Romanian Greek Finish Serbian. Note 1The above charges relate to translation of the ordinary matter. At least 50 per cent extra is charged when the documents are of a legal or technical nature. Note 2Where evidence is being taken by a British Consular Officer, it is not necessary to supply translations of any documents which are in English or in the language of the country where the Consular Officer resides, but translations should be furnished in the other cases. 28. Procedure when parties are to be represented at examinationIn cases where both parties are to be represented at the examination, the Letter of Request or Commission may be sent either without interrogatories, a request being made that the local agents of the parties be permitted to appear at the examination of the witnesses and ask or submit the questions which they desire to ask, or with interrogatories, a request being made that the local agent might be permitted to ask other supplementary questions. If neither party proposed to attend or be represented at the taking of the evidence this fact should be noted in the Letter of Request or Commission in order to avoid delay. NoteThe names and addresses of the local agents should always be given. 29. Preparation of writThe Court sending the Commission or Letter of Request should satisfy itself that the interrogatories and cross-interrogatories which are enclosed, are legibly written in an intelligible language and all the documents to which a reference is made in them have been attached. All such documents should be duly authenticated and marks of identification should be put on them. 4/6d. 3d.

30. Signing, etc., of interrogatoriesThe interrogatories and cross-interrogatories should be signed by the parties and their counsel if any and should be inserted in proper sequence in the complete Letter of Request and Commission and in the certified copies of the translation. 31. Duplicate copies of documentsDuplicate copies of all documents should be furnished and marked as duplicate. 32. (i) Binding of the papersThe complete Letter of Request or Commission with the accompanying documents should be on strong paper and sewn together in a parchment paper cover down the left hand side, the end of the silk, tape or thread with which they are sewn being brought out on the front cover and the ends sealed down and the binding signed and sealed by the Judge so that there is no possibility of the removal, substitution or addition of any sheet without breaking the seal. (ii) Arrangement of the papersThe Letter of Request and accompanying documents should be in the following order: (a) Letter of Request. (b) Index in English if not included in (a). This must be complete that is to say every document in the bundle and which follows the letter of request must be separately specified together with its serial or page number corresponding to the number opposite that document in the index or the whole bundle of documents following the letter of request must be paged consecutively. Moreover, all numbers appearing at the top or foot of any page of the documents other than the number (if any), assigned to that page by the index should be deleted. (c) Narrative if not included in (a) including where necessary, an explanation of the reasons for the institution of two suits for the same amount. (d) Interrogatories, cross-interrogatories and reinterrogatories. These should contain the same description of witnesses as appears in the letter of request. (e) Other documents (in chronological order) accompanying the letter of request. (f) Translations of (a) to (e) inclusive where necessary arranged in the same order and each one of them properly certified by an official of the Court as true translation. (g) Duplicates of (a) to (f) inclusive and not excluding telegrams arranged in the same order and each one of them properly certified by an official of the Court as true copies. 33. Responsibility of the Presiding Officer for correct preparationThe preparation of the Letter of Request or Commission must not be left to clerks. The Presiding Officer of the issuing Court will primarily be hold responsible for its accuracy and completeness in every respect before transmission to the High Court, and it is the duty of the Superintendent to the District Judge to examine the Letter of Request and Commission and its accompaniments carefully, and to see that all instructions have been complied with.

34. Authority to engage a lawyer to execute writIn some countries there is no machinery for summoning witnesses and to administer the interrogatories before the appropriate Court (e.g., British Columbia). It will be better if authority be given to engage a lawyer for that purpose in the forwarding letter. 35. Points of examination of witnesses should be specifiedLetters of Request and Commission should always set forth a clear and concise explanation of the exact points on which it is desired that the witnesses should be examined.
SCHEDULE (Vide Paragraph 3, Chapter 10-D).

List of Foreign Countries in which British Consular Officer may take evidence, if tendered voluntarily Argentine Republic Bolivia Brazil Bulgaria Columbia Costa Rica Cuba Czechoslovakia Denmark Danzig Equador Estonia Finland France Greece Gautemala

Honduras
3

Hungry

Italy (except Trieste) Lithuania Mexico Netherlands Nicaragua Norway Peru Poland Portugal Salvador Spain Sweden United States Uruguay Venezuela
4

Yugoslavia

Part E]

Part E SPECIAL PROCEDURE IN REGARD TO PARTICULAR FOREIGN COUNTRIES Pakistan [and Bangla Desh]5

1. Commissions or Letters of Request can be addressed by Courts in India to the following Courts in Pakistan.

I. Provinces of Sind and Baluchistan Sind

Registrar, Chief Court of Sind, Karachi. District Judge, Hyderabad. District Judge, Sukkur. District Judge, Larkana. District Judge, Nawabshah. District Judge, Thar Parkar, Mirpurkhas.
Baluchistan

Baluchistan1 Court of District Judge, Baluchistan, Quetta. Baluchistan States Union(2) Court of the Wazir-i-Azam, Baluchistan State Union.
II. Provinces of East Bengal

District Judges of the following places: 1. Barisal. 8. Mymensingh. 2. Chittagong. 9. Noakhali. 3. Dacca. 10. Rajshahi. 4. Faridpur. 11. Rangpur. 5. Jessore. 12. Sylhet. 6. Pabna-Kushtia (Pabna). 13. Tippera (Comilla). 7. Dinajpur Bogra (Dinajpur). 14. Khulna.

All Sub-Judges Courts at the following places. 1. Barisal. 9. Bogra. 2. Chittagong. 10. Mymensingh.

3. Dacca. 11. Noakhali. 4. Faridpur 12. Rajshahi. 5. Jessore. 13. Rangpur. 6. Dinajpur. 14. Sylhet. 7. Khushtia. 15. Comilla (Tippera). 8. Pabna. 16. Khulna.

All Munsifs Courts at the following places. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Barisal Sadar. Perojpur. Bhola. Patuakhali. Chittagong Sadar. Satkania. Patiya. North Roazan. South Roazan. Fatikchari. Coxs Bazar. Dacca Sadar. Narayanganj. Munshiganj. 19. 20.
21.

Gopalganj. Madaripur.
Chikandi.

22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32.

Jessore Sadar. Narail. Magura. Jhenidah. Pabha Sadar. Serajganj. Kushtia. Choudanga. Dinajpur Sadar Thakurgaon. Rachagarh.

15. 16. 17. 18. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51.

Manikganj. Faridpur Sadar. Coalonda. Bhanga. Kishoreganj. Sherpur. Tangail. Jamalpur. Bajitpur. Durgapur. Noakhali Sadar. Feni. Lakshmipur. Hativa. Sandwin. Rajshahi Sadar. Natore. Noagaon. Nawabganj.

33. 34. 35. 36. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66.

Bogra. Mymensingh Sadar. Netrokona. Iswarganj. Rangpur Sadar. Kurigram. Nilphamari. Gaibandha. Sylhet Sadar. Habihgan. Maulvi Bazar. Sunamganj. Comila Sadar. Brahman Barial. Chandpur. Nabinagar. Khulna Sadar. Ragerhat. Satkhira.

III. Province of Punjab (P)

Courts Judges to whom a Commission

or a Letter of Request can be issued 1. District Court, Lahore 1. District Judge, Lahore Sheikhupura. 2. District Court, Sialkot. 2. District Judge, Sialkot. 3. District Court, Gujranwala 3. District Judge, Gujranwala. and Gujrat. 4. District Court, Shahpur 4. District Judge, Shahpur at Sargodha. 5. District Court, Jehlum. 5. District Judge, Jehlum 6. District Court, Rawalpindi. 6. District Judge, Rawalpindi. 7. District Court, Attock. 7. District Judge, Attock 8. District Court, Mianwali. 8. District Judge, Mianwali 9. District Court, Montgomery. 9. District Judge, Montgomery. 10. District Court, Lyallpur, 10. District Judge, Lyallpur. Jhang. 11. District Court, Multan 11. District Judge, Multan. Muzaffargarh. 12. District Court, Dera Ghazi 12. District Judge, Dera Ghazi Khan. Khan.
IV. North West Frontier Province

Court Officers to whom a Commission and Letters of Request may be addressed 1. Judicial Commissioners 1. Registrar, Judicial Court, Commissioners N.W.F.P. Peshawar. Court, N.W.F.P. Peshawar. 2. District Court, Peshawar. 2. District Judge, Peshawar. 3. District Court, Hazara 3. District Judge, Hazara (Abbottabad). (Abottabad). 4. District Court, Dera Ismail 4. District Judge, Dera Ismail Khan. Khan.
V. Khairpur State and Baluchistan State Union

1. Khairpur State. The Court of the District Judge, Khairpur. 2. Baluchistan States Union. (i) Wazir-i-Azam, Baluchistan State Union.

(ii) The Court of Revenue Commissioner, Baluchistan State Union. (iii) The Court of Deputy Commissioner, Kalkat District. (iv) The Court of Deputy Commissioner, Melran District, Turbat. (v) The Court of Deputy Commissioner, Lasbela, District Karachi, and (vi) The Court of Deputy Commissioner, Kharan.
VI. Frontier Regions and States

I. Mohammand Agency, (i) The Court of the Political Agent, Mohammand: II. Malakand. Agency, (i) The Court of Political Agent, Dir, Swat and Chitra, Malakand. (ii) The Court of the Additional Political Agent, Chitra. (iii) The Court of the Assistant Political Officer, Malakand Agency, Chakdara. III. Khyber Agency, (i) The Court of the Political Agent, Khyber. (ii) The Court of the Assistant Political Officer, Khyber. IV. Kurram Agency, (i) The Court of the Political Agent, Kurram. (ii) The Court of the Assistant Political Officer, Kurram. V. North Waziristan Agency, (i) The Court of the Political Agent, North Waziristan. (ii) The Court of the Assistant Political Agent, North Waziristan. (iii) The Court of the Assistant Political Officer, North Waziristan. VI. South Waziristan Agency,

(i) The Court of the Political Agent, South Waziristan. (ii) The Court of the Assistant Political Officer, South Waziristan.
VII. Bahawalpur State

(1) High Court of Judicature at Baghdadul Jadid. (2) District and Sessions Judge, of Rahimyar Khan and Bahawalpur. 2. Letters of Request issued by Civil Courts and in India for the examination of witnesses, residing in Pakistan are often returned by the Government of Pakistan for the rectification of some defect or other in their preparation. The return of the documents for that purpose for the issue of fresh documents instead naturally results in unnecessary delay, apart from causing avoidable work all round. The Courts in India issuing the Letters of Request should, therefore, take all necessary care for the correct preparation of these processes intended for execution in Pakistan. Before transmitting these documents to the High Court, the District Judges should see that the following requirements are satisfied by the documents: (i) Letters of Request should be issued under Rule 5 of Order XXVI in the First Schedule to the Code of Civil Procedure, 1908. Commissions should be issued under Rule 4 of the said order. (ii) The letter of Request should be drawn up in accordance with Form 8, Appendix H in the First Schedule to the Code of Civil Procedure, 1908. The writ of Commission should be drawn up in accordance with Form 7 in the said Appendix RR, 5,11. Chapter 10.F. (iii) The date for the return of the Letter of Request, if at all specified should be sufficiently long. Preferably, no such date should be specified in order to avoid the need for extension of the date by the issuing Court from time to time. (iv) The separate Letters of Request or Writ of Commission for examination of witnesses should be drawn up when witnesses reside in different districts. (v) The Letter of Request or the Writ of Commission should be in the name of the Court issuing it and the title of the suit in which it is issued. (vi) The full and correct addresses of the witnesses should be given in the Letter of Request or the Writ of Commission. (vii) The Letter of Request, interrogatories, Cross-interrogatories and other accompanying documents should be drawn up in duplicate and signed and sealed by the Presiding Officer of the Court. (viii) All the documents and enclosures should be signed and sealed by the Presiding Officer of the Court.

(ix) The interrogatories and cross-interrogatories should also be signed by the parties and their counsel. (x) Letters of Request and other accompanying documents should be sewn together in a parchment paper-cover down the left hand side the ends of the silk, tape or thread with which they are sewn being brought out to the front cover and the ends appropriately sealed. 3. An initial deposit of Rs. 200 may be considered sufficient in ordinary cases and should be sent along with the Commission or Letter of Request by a Bank draft as directed in Rule 19, Chapter 10-F. 4. Diplomatic channels laid down in Rule 20, Chapter 10-F, should be strictly followed.
Canada

It should be remembered that in Canada or other countries where there is federation, the Supreme Court of the federation does not execute letter of Request. Such Letters should be addressed to the President and Judges of the Supreme Court of the Province in which the person who is to be examined resides. The parties should be asked to deposit a sum of Rs. 750 as the approximate cost of execution of such commissions or Letters of Request, subject to adjustment later on. Rules 19 and 20 of Chapter 10-F govern the transmission of such documents and fees.
Aden

Aden is now a foreign country. The language of Aden Courts is English. A commission fee of Rs. 60 may be considered sufficient in ordinary cases.
British East Africa

A British possession would now be a foreign country and the diplomatic channels laid down in Rule 20, Chapter 10-F should be followed.
Japan

Reciprocal arrangements have been made between India and Japan for the execution of Letters of Request as well as for the service of legal processes. These documents should be forwarded through the High Court and the State Government to the Government of India who will forward them to the proper authority. So far as letters of request are concerned, adequate sums not less than Rs. 200 for the expenses must be recovered from the parties and sent by bank draft (as laid down in Rule 19, Chapter 10-F), alongwith the covering letter which should state the amount sent. A translation of all documents in Japanese should be sent with the papers. The documents should be drawn up separately for each of the Japanese Courts in whose jurisdiction witness resides and detailed particulars as to name, nationality and residence of witnesses should be given. NoteAttention is invited to the instructions contained in letter No. D-7921-CJK 430, dated the 21st December, 1949, from the Government of India, Ministry of External Affairs, which has

been endorsed to all District and Sessions Judges in the Punjab and Delhi with High Court endorsement No. 897-Genl/XIXF. 10, dated the 4th February, 1950. In view of the instruction contained in that letter, an official of the Indian Liaison Mission with Consular powers is deputed to administer oaths to and obtain evidence from Japanese witnesses, in legal matters utilising, if necessary, the services of a Translator Interpreter in an appropriate answer. It is essential to furnish the mission with (i) a detailed history of the whole case, and how each one of the witnesses cited would be concerned with the case, etc.; (ii) copies of the relevant of the documentary evidence pertaining to the case; (iii) detailed instructions as to the points in respect of which evidence should be obtained and recorded, what specific questions should be put to the witnesses, what shall be the exact nature of the cross-examination and re-examination required, etc. If possible drafts of all the points to be covered and the questions to be asked should be supplied.
Thailand

(1) Two methods are recognised(i) Letter of Request should be addressed to the High Court of the Justice, Bangkok (or other Court having jurisdiction), for the moral taking of evidence on commission. They have to be sent through the medium of His Majestys Legation of ConsulateGeneral and the Thai Foreign Officer and, other methods are recorded as irregular. (ii) It is optional with the British Consular Officer in Thailand to accept Letters of Request and to execute commission by informal hearing of evidence at His Majestys Consulate-General. The concent of the British Consular Officer (to undertaking this duty) may be presumed. (2) When, therefore, it is desired to issue a Letter of Request for the examination of a witness in Thailand, it would be desirable to issue, in addition to a Letter of Request addressed to the Thai Court, an alternative letter addressed to His Britannic Majestys Consul-General at Bangkok requesting him or such other British Consular Officer as may be appointed by him to summon the said witness and so on as in Form 7 of Appendix H, of the Code of Civil Procedure, with the omission of the expression Process to compel the attendance of the witness will be issued by any Court having jurisdiction on your application. The Consul-General would then decide whether to move the Thai Courts to execute the Letter of Request or to arrange himself for the execution of the alternative letter. Prompt return of the testimony might be secured by adopting the second method. This is specially recommended when it is desirable to take the evidence in English and the witnesses are all British subjects and can be called to make their depositions at His Majestys Consulate-General without the necessity of issuing subpoenas. A commission fee of Rs. 200 should in ordinary cases be remitted by a bank draft as laid down in Rule 19, Chapter 10-F. Both the Letters of Request addressed to the High Court of Judicature, Bangkok, and the alternative Letter of Request should be forwarded through the High Court and the State Government to the Government of India who will forward them to His Majestys ConsulGeneral at Bangkok. (3) The first method is, however, essential when for special reasons the records of a formally constituted Court is desired, or when the issue of summons to, or service of documents on, persons who are not British subjects is involved, as such summons and documents can legally be served only through the medium of the Thai Court. It should be borne in mind that the Court language being Thai, in ordinary circumstances the Courts there only receive requests in the Thai

language. It is, therefore, advisable that the letter and interrogatories should be accompanied by a translation in Thai although at present there are English Advisers in some of the Thai Courts. (4) The documents should be drawn up in a proper form, and if not typewritten, should be written in ink. They should be written in English and should be easily legible. Full translation in English should accompany all vernacular documents forming enclosures. (5) In conformity with the requirements of the Thai Ministry of Justice relative to the Service in Thailand of writs of summonses issued by foreign Courts what is required is not the original writ or copy thereof, but a notice or certificate that the writ has been issued.
Netherland East Indies

Full translations in English should accompany all vernacular documents. The documents should be sent through the High Courts and the State Government to the Government of India who will forward them to the proper authority. The State Government except those of Bombay and Bengal have authorised the Consul-General at Batavia to incur the expenses of having the desposition in Duch, translated into English before their transmission to India in the case of the Letters of Request issued by Courts in their respective jurisdiction and executed Courts in the Netherlands East Indies, and to recover the cost from those State Governments. As regards Letters of Request emanating from Court in Bombay unless a specific request is made no English translation is made of such depositions. No translation is made in the case of Letters of Request issued by a Court subordinate to the High Court at Calcutta.
Iran

Documents intended for execution in Persia (Iran), should be addressed to the Imperial Iranian Ministry of Justice and forwarded through the High Court and the State Government to the Government of India alongwith the necessary list of interrogatories for transmission to His Majestys Minister, Teheran. They should be accompanied by translations into Persian of the Letters of Request or interrogatories fees according to the scale specified below: Fee 104For making or verifying a translation of a document for every 100 words or fraction, thereof exclusive of fees for certificate (see No. 149) annas 7/6 plus 25 per cent annas 9/6. Fee 49For granting any certificate not otherwise provided for, if not exceeding 100 words, exclusive of fee for drawing (No. 99) annas 10 plus 25 per cent=annas 12/6. These fees will be transmitted to the British Legation, Teheran, where the necessary translation will have to be made before they are forwarded to the Iranian Government. The last known address of the person concerned should be clearly indicated in English.
Nepal

Processes for service on persons in Nepal should be sent by the Indian Courts direct to the Nepalese Courts specified in the Schedule annexed to the Home Department Notification No. F576/24, in Judicial, dated the 15th August, 1925.

United States of America

Evidence is only to be obtained by means of commission addressed in each to the appropriate British Consular Officer. They are to be addressed to His Majestys Consul-General at New York so far as his Consular district consisting of the State of New York. Connecticut, and the Northern half of New Jersey is concerned. As regards witnesses residing elsewhere in the United States of America, if the Court issuing the commission is unable to ascertain which Consular Officer in the State where the witness resides commission should be addressed to the British Consular Officer for the State concerned. A list of these officers is annexed. In such cases the Government of India are required to forward the commission to the British Consul-General at New York, requesting him to transmit it to the Consular Officer having jurisdiction. If in any case it is desired to take the evidence of witnesses who reside both within and outside the particular Consular district, the commission should be made out substantially in the following terms: To His Majestys Consul (or Consul-General) at........or his Deputy with power to appoint any other person or persons whom he may deem fit to take the evidence on interrogatories which accompany this commission and viva voca of such witness to be examined at........and/or at......... For this service the British Consular Officers maintain a scale of fees. A bank draft for Rs. 700 should accompany the papers, as an approximate cost for execution of commissions, subject to adjustment later on (see Rule 19, Chapter 19-F). Such commissions should be forwarded through the High Court and the State Government to the Government of India who will transmit them to the British Consular Officer concerned.
Federated Malaya States

A. With a view to eliminate needless work and avoidable dely the Government of India have decided that Letters of Request and Commissions and other judicial, documents may be routed direct from a High Court in India to a High Court in Malaya and that diplomatic channels followed in the case of other Foreign countries should not be insisted upon. B. A sum of Rs. 200 may be considered as an adequate deposit in ordinary case and should be remitted direct by bank draft drawn in favour of the executing Court along with the other papers (Rule 19, Chapter, 10-F).
Iraq

Indian Courts are free to send processes for service to the Iraqi Ministry of the Justice direct. Such documents should be accompanied by an English translation. If, for any particular reason, which should be stated in each caseit is considered necessary to transmit the documents to the Iraqi authorities through His Majestys Embassy at Baghdad, they should be sent through the State Government to the Government of India who will forward them under cover of a despatch to the Embassy. Residence Rank

United States Baltimore (Maryland) Consul Vice-Consul Norfold (Virginia) Do Boston (Massachusetts) Consul General Vice-Consul Pro-Consul Chicago (Illinois) Consul General Vice-Consul Detriot (Michigan) Consul Pro-Consul Cincinnati (Ohio) Vice-Consul Cleveland (Ohio) Do Gavelston (Texas) Consul Vice-Consul Dellas (Texas) Do Houston (Texas) Do Laredo (Texas) Do Honolulu (Hawali) Consul Los Angeles (California) Consul Vice-Consul Vice Consul Pro-Consul Douglas (Arisona) Vice-Consul

Manila (Philipine Islands) Consul Vice-Consul Cebu Vice-Consul Davao Do Iloilo Do Legaspi Do Zamboanga Do New Orleans (Louisiana) Consul-General Vice-Consul Jacksonville (Florida) Consul (P) Pro-Consul Miani (Florida) Vice-Consul New York (New York) Consul-General Consul Vice-Consul Pro-Consul Philadelphia (Pennsylvania) Consul-General Vice-Consul Pittsburgh (Pennsylvania) Consul Vice-Consul San Junn (Puerto Rico) Do Ponce Do St. Louis (Missouri) Do

St. Thomas and Ste. Croid, Virgin Islands (West Indies) Consul Fredericksted Vice-Consul San Fransisco (California) Consul-General Consul Vice-Consul Pro-Consul Savannah (Georgia) Consul Vice-Consul Atlanta Consul Seattle (Washington) Vice-Consul
Part F]

Part F LETTERS OF REQUEST AND COMMISSIONS ISSUED BY FOREIGN COURTS

Attention is drawn to Act II of 1951 by which a new Section 78 has been substituted in the Code. This Section and Rules 19 to 22 of Order XXVI govern the Procedure for execution in India of Commissions and Letters of Request received from foreign countries. 1. As substituted by Act No. 2 of 1951 for the word state. 2. Vide copy of Letter from the India Office to the Secretary to the Government of India, External Affairs
Department, Simla, No. P & J 3560/38, dated 4th August, 1938.

3. From British Subjects only. 4. From British Subjects only. 5. Due to formation of Bangla Desh.

CHAPTER 11
Ch. 11

Judgment and Decrees

Part A]

Part A PREPARATION AND DELIVERY OF JUDGMENT

1. Early pronouncement advisable. Parties to have due notice of the day fixedWhen the trial in Court is over, the Judge should proceed at once, or as soon as possible to the consideration of his judgment. If the judgment is not pronounced at once, every endeavour shall be made by the Court to pronounce the judgment within fifteen days, from the date on which the hearing of the case was concluded, but where it is not practicable so to do, the Court shall fix a future day for the pronouncement of the judgment, and such date shall not ordinarily be a day beyond thirty days from the date on which the hearing of the case was concluded and also if the judgment is not pronounced within thirty days from the date on which the hearing of the case was concluded, the Court shall record the reasons for such delay and shall fix a future day on which the judgment will be pronounced and in every case the due notice of the day so fixed shall be given to the parties or their pleaders). It is essentially necessary that the judge should proceed to the consideration of the judgement while the demeanour of the witnesses and their individual characteristics are fresh in his memory. He should bear in mind that his first duty is to arrive at a conscentious conclusion as to the true state of those facts of the case about which the parties are not agreed. The oral and documentary evidence adduced upon each issue should be carefully reviewed and considered in the directions.
1

1. Directions rejudgementsIn the preparation and delivery of judgement the attention of the Civil Courts is drawn to the following directions: (1) The judgment should be written either in the language of the Court, or in English: (2) When a judgment is not written by the Presiding Officer with his hand, every page of such judgment shall be signed by him; (3) It should be pronounced in open Court after it has been written and signed; (4) It should be dated and signed in open Court at the time of being pronounced and when once signed shall not afterwards be altered or added to, save as provided by Section 152 or on review; (5) If it is judgment of any Court other than a Court of Small Causes, it should contain a concise statement of the case; the points for determination the decision thereon and the reasons for such decision;

(6) If it is the judgment of a Court of Small Causes, it should contain the points for determination and the decision thereupon. (7) It should contain the direction of the Court as to costs; and (8) All the paragraphs of the judgment should be serially numbered to facilitate references. (9) The judgment should be pronounced as soon as possible after the case has been heard. Where it is desired to pronounce at some future date, the Court shall fix a day for that purpose and inform the parties accordingly. Every endeavour shall be made by the Court to pronounce the judgment within fifteen days from the date on which the hearing of the case was concluded, but where it is not practicable so to do, the Court should make all efforts to pronounce it within thirty days, otherwise the Court shall record the reasons for such delay and shall fix a future day on which this judgment will be pronounced and due notice of the day so fixed shall be given to the parties or their pleaders.
1

(10) The Judge need not read out the full judgment. He can pronounce only the final orders. However, the copy of the whole judgment is to be made available for the perusal of the parties or their pleaders immediately after judgment is pronounced. (11) The judgment may be pronounced by dictation in open Court to a shorthand writer if the Judge is specially empowered by the High Court in this behalf and is to be dated and signed by the Judge. (12) In appealable cases, where the parties are not represented by their pleaders, the Court should inform the parties present in Court as to the Court to which an appeal lies and the period of limitation for the filing of such appeal and place on record the information so give to the parties. (13) The last paragraph of the judgment shall state in precise terms the relief which has been granted by such judgment. (14) The type written copies of judgment may be delivered to the parties applying for such copies after making the requisite payments thereof. (15) Rules regulating the preparation and supply of certified copies of type-written judgments in civil cases by Courts provided with stenographers/steno typist are given in schedule. 3. Some Judicial Officers make a practice of prefacing judgments with a memorandum of the substance of the evidence, given by each witness examined which has to be referred to. This practice is irregular, when the memorandum is in addition to that made under Order XVIII, Rule 8 of the Code of Civil Procedure. All that the law requires is a concise statement of the case and not a reproduction of the evidence. The judgment should, however, be complete in itself as regards the requirements of Order XX, Rule 4, of the Code and should set forth the grounds of decision as concisely as is consistent with the introduction of all important matters. It may be necessary, in the particular cases, to refer to, and give a summary of, the statements of, a witness or witnesses; but, is so, such summary should be incorporated in the reasons given for the

decision of the Court on the issue to which it relates. When it is necessary to refer the evidence of a witness in the course of a judgment, the reference should be by name as well as the number of the witness. 4. Instances have occurred of judgments not being written until a considerable time after final arguments in a case have been heard. This practice is upon to grave objection, and in any case in which judgment is written and pronounced within 30 days from the date on which arguments were heard, a written explanation of the delay must be furnished by the subordinate Court concerned to the District Judge. This is not meant to encourage a practice of reserving judgments; on the contrary, judgments should ordinarily be written as soon as arguments have been heard. It is only in the exception case where the Court has to consider many rulings and cannot conveniently give judgment at once, that there is any justification for judgment being reserved.
1

5. The Subordinate Courts should append to their monthly and quarterly statements, a certificate to the effect that judgments have been pronounced in all cases (including rent and objection cases) within one month of the final conclusion of evidence. Explanation should be given as regards any judgments not delivered within such period. 6. Procedure when Judge gives over charge before pronouncing JudgmentEvery District Judge or Sub-Judge proceeding on leave or transfer, must, before making over the charge, sign a certificate that he has written judgments in all cases in which he has heard arguments. Should an officer be forced to lay down his charge suddenly, he shall, nevertheless, write the judgments in such cases, and send them for pronouncement to his successor. 7. Persons employed for dictation of judgmentsSubordinate Courts should note that judgments are to be dictated only to persons employed for that express purpose or employed as copyists or candidates. 8. Not to be written in Court before disposal of cause listThe practice of writing up judgments during the Court hours in the early part of the day is to be deprecated judgments may be written after the days cause list has been completed. 9. LanguagePresiding Officers of Subordinate Courts, who are well acquainted with the English language, should write their judgments in English in appealable cases when a Subordinate Judge writes his judgment in English, the decree also should be framed in the same language. 10. Information of cancellation of registered instrument to be sent to registering officerIt should be remembered that Section 31 of the Specific Relief Act, 1963 requires that, when any registered instrument has been adjudged void or voidable, and the Court orders it to be delivered up and cancelled, the Court shall send a copy of its decree to the officer in whose officer the instrument was registered with a view to such officer noting the fact of cancellation in his books. 11. Pronouncing judgment after death of a partyIn Order XXII, Rule 6, it is provided that, if any party to a suit dies between the conclusion of the hearing and the pronouncing of the

judgment, such judgment may be pronounced notwithstnading the death, and shall have the same force and effect as if it had been pronounced before the death took place. 12. Judgments not legibly writtenJudgments (when not type-written) should always be written in a clear and legible hand. If they are not so written, such a copy should be made and placed on the record. 13. Civil powers to be disclosed in the record, judgments and decreeEvery judicial officer hearing or deciding a civil suit, proceeding or appeal, is responsible that the record and the final order of judgment and the decree in such civil suit, proceeding or appeal, shall disclose the civil powers which such officer exercised in hearing or deciding such suit, proceeding or appeal. 14. Civil powersThe powers above referred to are the following: (a) Subordinate Judge, Class I (b) Subordinate Judge, Class II (c) Subordinate Judge, Class III (d) Subordinate Judge, invested with appellate powers under Section 39 of the Punjab Courts Act. (e) Subordinate Judge invested with powers of Court of Small Causes. (f) Judge, Small Causes Court. 15. DittoWhen the powers exercised by any Judge invested with powers under Section 28 of the Punjab Courts Act differ from those stated in Rule 14, such powers must be specifically stated. 16. Appellate powersBy High Court notification No. 170-Gaz./XXI-C. 6. dated the 16th May, 1935 (as amended by notification No. 53-Gaz./XXI-C. 6, dated the 23rd February, 1940), in respect of the Punjab, and by High Court notification No. 171-Gaz./XXI-C. 6, dated the 16th May 1935, in respect of Delhi, the Senior Subordinate Judge of the first class in each District of the Punjab (I) and Delhi has been invested with appellate powers up to a certain limit. 17. Special appellate powersCertain selected Sub-Judges of the 1st Class are, however, personally invested by name with appellate powers of a higher limit. To mark the distinction such Sub-Judges should when exercising their enhanced powers, invariably use the words invested with special appellate powers. 18. Review and amendmentFor review and amendment of judgments see Chapter I-L (d) and (e) of this volume.

Part B]

Part B PREPARATION OF DECREES

1. Points to be borne in mindThe decree should be framed by the Judge with the most careful attention. It must agree with the judgment, and be not only complete in itself but also precise and definite in its terms. It should specify clearly and distinctly the nature and extent of the relief granted, and what each party, affected by it, is ordered to do or forbear from doing. Every declaration of right made by it must be concise, yet accurate; every injuction, simple and plain. 2. DirectionsThe following directions relate to the preparation of decrees: (i) Date for delivery of possession of landIn decrees for possession of agricultural land, it should be stated whether possession is to be given at once, or after the removal of any crop that may be standing on the land at the time, when the decree is executed, or on or after any specified date. (ii) Appellate decreesIn Appellate Courts, the language used in filling in the decretal order, shall conform to the action recognized by the law, and shall direct that the decree of the lower Courts be either affirmed, varied, set aside or reversed. In each case in which a decree is affirmed, the terms thereof shall be recited, so as to make the appellate decretal order complete in itself. In varying a decree, the relief granted, in lieu of that originally granted shall, be fully and accurately set out. Where a decree is reversed on appeal, the consequential relief granted to the successful party shall similarly be stated. Every decretal order shall be so worded as to be capable of execution without reference to any other document, and so as to create no difficulty of interpretation. 3. Preliminary decreesUnder Section 2 of the Code of Civil Procedure a decree may be either Preliminary or final. A preliminary decree should be based on a preliminary judgment. 4. Mesne ProfitsIn cases where mesne profits are asked for in the plaint, the question as to the amount thereof (if any), which should be paid to the plaintiff, in respect to the period of dispossession before and up to the date of filing the plaint, must be determined at the hearing of the suit, and decree must specify clearly the portion of this amount which each defendant is to pay, either severally or jointly with others, to the plaintiff (Order XX, Rule 12). 5. (1) Decree in case of compromiseWhen a decree is to be passed on the basis of a compromise, the Court should order the terms of the compromise to be recorded in accordance with the provision of Order XXIII, Rule 3, Civil Procedure Code, and then pass a decree in accordance with the terms. When, however, the compromise goes beyond the subject-matter of the suit, a decree can be passed only in so far as it relates to the suit. As regards the proper form of decree in the latter class of cases, the directions of their Lordships of the Privy Council in Hemant Kumari Devi v. Midnapur Zamindari Company (46 I. A. 240 and 244), should be followed.

(2) Compromise by minorsWhen any of the parties to the case are minors care should be taken to see whether the compromise is for the minors benefit and to record a finding to that effect if compromise is sanctioned and made the basis of the decree. 6. Addition or substitution of partiesWhen any parties are added or substituted in the course of the suit, care should be taken to see that their names are properly shown in the decree-sheet. 7. Decrees in certain casesAs regards the proper form of decree in certain classes of suits, the provisions of Order XX and Order XXIV, Civil Procedure Code, should be consulted. The Provisions of Order XX, Rule 14, Code of Civil Procedure, relating to the contents of the decree in a pre-emption suit, should be carefully studied. Sub-Rule (2) relating to the adjudication of rival claims to pre-emption is new and requires special attention. 8. Decree in suits to set aside alienationIn a suit by reversioners under the Punjab Customary Law, when a portion only of the consideration for an alienation is proved to be for valid necessity and the alienation is not upheld, the decree should be in the following form: (i) that the alienation shall not take effect as against the reversioners on the death of the alienor; (ii) that on the death of the alienor the reversioners shall not be entitled to possession until they have paid the sum found for necessity (92 P.R. 1909) 9. Powers of Court to be set forthEvery decree must set forth the powers of the officer deciding the suit. 10. Pauper suitsIn suits by paupers, when an order is passed under Rules 10, 11 or 12 or Order XXXIII a copy of the decree should be forth with forwarded to the Collector. 11. Review and amendment.
Part C AWARD OF COSTS IN CIVIL SUITS
Part C]

1. General ruleThe general rule as to the award of costs in civil suits is that costs follow the event of the action; that is the costs of the successful party are to be paid by the party who is unsuccessful. 2. When costs may be disallowedA wide discretion, however, is given to the Court to grant or withhold or apportion costs as it thinks fit. This discretion is to be exercised judiciously, e.g.: Costs or a portion thereof may be disallowed to a successful party and he may even be liable to be burdened with costs in the following cases: (a) Where a party has without just cause resorted to litigation:

(b) Where a party has raised an unsuccessful plea or answer to a plea (such as fraud limitation, minority, etc.) without sufficient grounds; (c) In cases mentioned in Order 24, Rule 4, when a defendant deposits money in satisfaction of the claim; (d) Whenever the demand, whether of debt or damages or property claimed, is excessive or is only successful to a small extent; and (e) In cases where notice to admit facts or documents has not been given. When notice to admit documents or facts has been given under Order XII, Rules 2 and 4 of the Code of Civil Procedure to a party and it has withheld its admission without sufficient cause it must bear the costs incurred by the other party in proving the documents or facts what ever the result of the suit may be. 3. When costs shall be disallowedCosts shall be disallowed: (a) In a suit or proceeding relating to a loan where the Court finds that the creditor has failed to regularly record and maintain an account as required by Section 3(1) (a) of the Punjab Regulation of Accounts Act, 1930 (See Section 4 of the Act); (b) When a creditor sues for recovery of a debt in respect of which a certificate has been granted by the Debt Conciliation Board (vide Section 20(2) of the Punjab Relief of Indebtedness Act of 1934); (c) As against a minor or a person of unsound mind, where a person has not been represented by a next friend or guardian, (Order 32, Rules 2, 5 (2) and 15 of the Civil Procedure Code). In such cases pleaders may under certain circumstances be made personally liable for costs. 4. Reasons for disallowing costs to be recordedWhenever the Court orders that costs shall not follow the event, it must record its reasons. [Section 35 (2) Civil Procedure Code]. 5. Cost of applicationsIn disposing of applications made under the Civil Procedure Code the Court may award costs at once to either party or may postpone its consideration to a later stage. 6. Expenses included in costsBy insertion of Order XXA in the Civil Procedure Code after the amendment of CPC in 1976, specific provision has been made with regard to the power of the Court to award costs in respect of certain items of expenditure which the party undertakes while sueing or being sued.
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Rule I of Order XX-A of the Code provides the following items on which the Court without prejudicing any provision provided in the Code, may award costs: (a) expenditure incurred for the giving of any notice required to be given by law before the institution of the suit;

(b) expenditure incurred on any notice which, though not required to be given by law, has been given by any party to the suit to any other before the institution of the suit; (c) expenditure incurred on the typing, writing or printing of pleadings filed by any party; (d) charges paid by a party for inspection of the records of the Court for the purposes of the suit; (e) expenditure incurred by a party for producing witnesses, even though not summoned through Court; and (f) in the case of appeals, charges incurred by a party for obtaining any copies of judgments and decrees which are required to be filed along with the memorandum of appeal. The award of costs under this rule shall be in accordance with such rules as the High Court may make in this behalf. The Punjab and Haryana High Court has provided the following heads under which Court may award costs: (a) Court-fee stamps on all necessary petitions. (b) Process-fees. (c) Expenses of proving and filing copies of necessary documents. (d) Pleaders, fees. (e) Charges incurred in procuring the attendance of witness, whether such witnesses were summoned through the Court or not. (f) Expenses of Arbitration and Commissioners Pleaders fees are regulated by the rules contained in Chapter 16 Legal Practitioners. 7. Compensatory costs for false or vexatious claims or pleasUnder Section 35-A of the Code Compensatory costs for false or vexatious claims and pleas may be awarded under certain circumstances. It is no longer necessary that an objection should have been taken by the party affected at an early stage of the trial. The mere failure of a party to prove the claim or pleas should not be taken to justify an order under this Section. The Court should be satisfied that the plea or claim was put forward by a party with the knowledge that it was false or vexatious and the Court should record the reasons for its opinion. Under the powers conferred by the second proviso to sub-section (2) of Section 35A of the Code of Civil Procedure, the High Court has directed that the amount which any Court or class of Courts is empowered to award as costs by way of compensation shall be limited as follows:

(i) Omitted. (ii) Court of Subordinate Judges to the third class Rs. 200/-; (iii) Courts of Subordinate Judges of the second class Rs. 500/-; (iv) Courts of Subordinate Judges of the first class shall be guided by the provisions of subsection (2) of Section 35A of the Code. Costs of causing delayWhere Section 35A of the Code provides for compensatory costs for false or vexatious claims or defences at the same time Section 35B which was added by CPC (Amending) Act 104 of 1976, provides for compensatory costs on parties responsible for delaying litigation. The payment of compensatory costs for causing delay has been made condition precedent to the further prosecution of the suit or the defence by the plaintiff or defendant concerned. Sub-section (2) of Section 35B provides that the costs ordered to be paid under Sub-section (1) of Section 35B shall not, if paid, be included in the costs awarded in the decree passed in the suit, but if such costs are not paid, a separate order shall be drawn up indicating the amount of such costs and the names and addresses of the persons by whom costs are payable and the order so drawn up shall be executable against such persons. By the Amending Act 104 of 1976, Section 35B has been added thereby making a provision in the Code toward costs to the aggrieved party for the delays in the prosecution of the suit caused by its opponent. It is provided to enable him to meet the expenses incurred by him in attending the Court on that date and payment of such costs on the date next following the date of such order shall be a condition precedent to the further prosecution of the suit. It is also provided in sub-section (2) of Section 35B that such costs shall not, if paid be included in the costs awarded in the decree passed in the suit, but if such costs are not paid, a separate order shall be drawn up indicating the amount of such costs and the names and addresses of the persons by whom such costs are payable and the order so drawn shall be executable against such personal.
Part D]

Part D AWARD OF INTEREST IN CIVIL SUITS

1. Provision in Act XXVIII of 1855By Act XXVIII of 1855 (an Act for the repeal the Usury Laws) it is provided that, in any suit in which interest is recoverable, the amount shall be adjudged or decreed by the Court at the rate (if any) agreed upon by the parties and, if no rate shall have been agreed upon, such rate as the Court shall deem reasonable. (Section 2). 2. Ditto, future interestThe Act provides that, whenever a Court shall direct that a judgment or decree shall bear interest, or shall award interest upon a judgment or decree, it may order the interest to be calculated at the rate allowed in the judgment or decree upon the principal sum adjudged or at such other rate as the Court shall think fit (Section 3).

3. Future interestSection 34 of the Code of Civil Procedure enacts that, where and in so far as a suit is for a sum of money due to the plaintiff, the Court may, in the decree, order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period, prior to the institution of the suit; with further interest at such rate not exceeding six per cent per annum as the Court deems reasonable on the principal sum so adjudged from the date of the decree to the date of payment. It will be observed that by this section, a discretion is given in respect of two periods of times; viz., from the date of the suit of the date of the decree, and from the date of the decree to the date of payment, (However, the rats of interest if arises out of any commercial transaction such as industry, trade or business, the rate of such further interest may exceed six per cent per annum or as per contractual rate or at the rate at which the moneys are lent or advanced by the nationalised banks).
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4. Interest of costsSection 35(3) of the Code of Civil Procedure which empowered the Court to give interest on costs has been omitted by Act No. 66 of 1956. 5. Future InterestIn awarding interest subsequent to the date of the decree, the Courts in the exercise of the discretion which the lay has conferred should not ordinarily award a rate of interest approaching in amount that which may be obtainable in common dealings by persons who have not the security of a decree of Court to enforce payment. No inducement should be given to decree-holders to allow their decree to remain unexecuted. It is permissible now to award interest after decree at a higher rate than six per centum per annum. 6. Penal interestThe plea is often raised that the interest claimed is penal. Courts should be careful to distinguish between high or excessive interest and penal interest. The mere fact that the rate of interest is high or that compound interest as charged is, by itself, no justification under the Indian Contract Act for is reduction, unless some other ground such as coercion, undue influence, etc., is established, (See 101 and 124 P.R. 1918, P.C.) there is no definition of penalty given in the Indian Contract Act but its nature is indicated in Section 74 of that Act. It would appear from that Section that if a sum is named in a contract as the amount to be paid in the event of a breach of the contract or where there is any other stipulation in the contract making a person liable for an extra sum (e.g., in the shape of interest), for which he would not have been otherwise liable, the stipulation is to be considered penal. According to Section 14 of the Indian Contract Act, in such cases, the person entitled to claim advantage of the penal clause can only recover such reasonable compensation not exceeding the penalty as the Court may think it fit to award, and cannot legally enforce the payment of the penalty as such. 7. Penal interestThe question whether a particular stipulation is or is not penal is to be determined by the Court on the facts of each case. It has been held generally, that a stipulation which imposes a higher rate of interest, in the event of a breach of the contract with retrospective effect from the date of contract is penal (c.f. 99, P.R. 1894). 8. Effect of Usurious Loans ActThe Usurious Loans Act, 1918, gives wider powers to Courts to interfere on equitable grounds in order to do justice between the parties when it is found that interest is excessive or that the transaction was as between the parties thereto, substantially unfair (vide Section 3 of the Act). In such cases the Act empowers the Court to reopen past transactions

and relieve the debtor from liability in respect of excessive interest, etc. Attention is invited in this connection to I.L.R. VIII Lah. 205. The provisions of the Act should be carefully studied and used in proper cases coming within its purview.
Comments The jurisdiction conferred by the Usurious Loans Act is confined to cases where both the conditions mentioned in section 3 of the Act are satisfied, namely, (1) that the interest is excessive and (2) that the transaction was, as between the parties thereto, substantially unfair. It is neither possible nor desirable to enunciate a fixed rule as to what is a reasonable rate of interest, but a stipulation for the payment of interest at twelve per cent. per annum cannot be called excessive, such as to attract the equitable jurisdiction of the Courts. A contract binding the debtor, in the event of his failing to pay interest at the end of the year, to pay compound interest at the same rate, is neither unusual nor unreasonable. Aya Ram-Tola Ram v. Bhajan Ram and others, (1927) I.L.R. VIII Lah. 205. (Balla Mal v. Ahad Shah, 124 P. R. 1918 (P. C.), followed.)

9. Changes made by Punjab Relief of Indebtendness ActThe changes made in the provisions of this Act by Section 5 of the Punjab Relief of Indebtedness Act, VII of 1934, as amended by Punjab Act XII of 1940, deserve attention. (i) The existence of two conditions was formerly essential before the provisions of the Usurious Loans Act could apply. It was necessary that both (a) the rate of interest be excessive; and (b) the transaction be substantially unfair as between the parties. The word and has now been changed to or and the Court can give relief even if one of these conditions only is fulfilled. (ii) The Courts, according to the wording of the Usurious Loans Act may exercise all or any of the powers specified in that Act. This word may has now become: shall and it is obligatory for the Court to exercise these powers for giving relief in fit cases. (ii) The Punjab Act has also now prescribed a maximum rate of interest beyond which the Court shall deem interest to be excessive. The maximum limit is: (a) For secured loans, seven and a half per cent per annum simple interest of two per cent over the Bank rate, whichever is higher. (b) For unsecured loans, twelve and half per cent per annum simple interest. 10. Rule of DamdupatThe rule of Damdupat has been made applicable to the Punjab by Section 30 of the Punjab Relief of Indebtedness Act, 1934, in respect of all debts as defined in Section 7 of the Act. If the loan was advanced after the commencement of the Act, no Court shall

pass or execute a decree or give effect to an award in respect of such debt for a larger sum than twice the amount of the sum found by the Court to have been actually advanced less any amount already received by the Creditor. NoteThe Act came into force on the 19th April, 1935vide Home Secretarys letter No. 15639 Judl., dated the 18th April, 1935. 11. Interest should be shown separately in accountsIt is important to note in this connection the provisions of the Punjab Regulation of Accounts Act, 1930. The accounts prescribed by this Act have to be maintained in such a way as to show the items due by way of interest as separate and distinct from the principal sum. 12. Interest not to be included in principalIt is further provided that the creditor shall not in the absence of agreement include any items due by way of interest, in the principal sum. The principal and interest are to be shown separately in the opening balance of each new six-monthly account. 13. Interest disallowed if account not maintainedIf the Court finds that to accounts have not been maintained as prescribed, it must disallow the whole, or a portion of the interest found due as it thinks fit, and also disallow costs. 14. Interest disallowed if accounts not furnishedIf the accounts have been maintained but not furnished to the debtor as prescribed, the Court must disallow interest for the whole period for which the creditor failed to furnish the accounts unless the creditor actually furnished the accounts after the time prescribed and can satisfy the Court that he had some sufficient cause for not furnishing them earlier. 15. Interest permissible in case of certificate by Debt Conciliation BoardIt should be noted that where any creditor sues in a Civil Court for the recovery of debt in respect of which a Debt Conciliation Board has granted a certificate under Section 20(1) of the Punjab Relief of Indebtendness Act, the Court cannot allow any costs or interest after the date of certification in excess of simple interest at six per centum per annum on the amount due on the date of such certificate. 16. Future interest not allowed on sums deposited in CourtsAttention is drawn to Section 31 of the Punjab Relief of Indebtendness Act which lays down that the debtor may deposit in Court money in full or part payment of his debts and interest shall cease to run on the sum so deposited from the date of deposit. 1. Insertion made as per Act No. 104 of 1976. 1. Change effected in Order XX CPC by Act No. 104 of 1976. 1. Due to addition of proviso in Order 20 Rule 1(1) CPC by Act No. 104 of 1976. 1. Due to insertion of Order XXA by Act No. 104 of 1976.

1. On account of amendment of Section 34 CPC by Act No. 104 of 1976.

CHAPTER 12
Ch. 12

Execution of Decrees
Part A]

Part A GENERAL

1. ReferencesThe Law relating to execution of decrees is to be found in Sections 36 to 74, Sections 82 and 135; and Order XXI of the Code of Civil Procedure as amended by the Punjab High Court. These Provisions should be carefully studied and strictly followed. The changes introduced by the Punjab Relief of Indebtedness Act VII of 1934, and the Punjab Debtors Protection Act, II of 1936, also requires careful consideration. 2. Special day to be reserved for execution workExecution of decrees should receive the same attention from the Courts as original civil work and should be methodically and regularly dealt with, as expeditiously as possible. Where parties have to be heard or evidence recorded in the course of execution proceedings, notice should be given, processes issued and dates fixed as in the case of original suits. As a rule one day during the week should be reserved for execution works so as to ensure proper attention being paid to it; some times two days are necessary. District Judges are responsible for seeing that proper arrangements are made for execution work by all courts subordinate to them. 3. All orders to be recorded by the Judge in his own handAll orders passed in the execution proceedings should be carefully and distinctly put on record in chronological order. The practice of writing orders at the back of the talbanas or applications at stray places in the file leads to confusion and wastes the time of the Courts and the lawyers. The initial office report should be put up on a separate sheet of paper which may form the first page of the Judges autograph and all orders except those of a formal nature should be recorded by the Presiding Officer with his own hand in a separate record of proceedings as in a civil suit. Every formal order also should be signed by the Presiding Officer. 4. Distribution of execution work by District JudgeDistrict Judges should record standing orders regulating the distribution of applications for the execution of decrees among the Courts subordinate to them, providing for the disposal of cases in which decrees were passed by officers who have ceased to be attached to the district, and for carrying on the execution proceedings already pending before such officers at the time of their ceasing to be employed therein. In framing such orders, every Court should be required as far as possible, to execute all decrees passed by itself; but, where this is not possible and it is necessary to send the decree to another Court for execution, care should be taken to see that it is a Court of competent jurisdiction [Section 39(2)]. Court shall demand to be a Court of Competent jurisdiction, if at the time of
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making the application for the transfer of decree to it, such Court would have jurisdiction to try the suit in which such decree was passed [Section 39(3) added by Amending Act, 1976]. 5. District Judge to see that execution work is not neglected in lower CourtsClose supervision and control should be exercised by District Judges over the execution of degree business pending in all Courts subordinate to them; and where any officer is found habitually to neglect this branch of work or to dispose of it in a perfunctory manner, he should be reported to the High Court. 6. Application for stay of executionAll applications for stay of execution should be treated as urgent. 7. Presiding Officer to see that money realised on warrants has been accounted forTo prevent defalcation, presiding officer should, while hearing execution applications, verify by personal inspection of previous warrants issued by him that any money previously realised by the execution bailiff or process server has been duly accounted for in the Nazirs accounts or otherwise disposed of through those accounts.
Part B]

Part B COURTS COMPETENT TO EXECUTE DECREES

1. Courts competent to executeSection 37 of the Code of Civil Procedure define the Courts by which a decree may be executed. A decree may be executed by, the Court to which passed it, or by any Court to which it is transferred for execution. It should be noted that the expression Court which passed decree has been defined in Section 37 so as to include certain Courts other than Court which actually passed the decree. 2. Transfer of decree fees for preparation of unnecessary documents When a decree is transferred by the Court which passed it to another Court for execution, the documents mentioned in Order XXI, Rule 6, must be sent to the latter Court. The work in connection with the preparation of these documents should be done by Court officials holding permanent appointments, on payment, in the first instance, by the person applying for the transfer of the decree of a fee of Re. 1. The amount so recovered shall be credited to Government under the head XXI-ALaw and JusticeCourts of LawGeneral Fees, Fines, and ForfeituresFees levied by Courts. A decree-holder, however, may at his option file with application a copy of his decree duly stamped in accordance with Article 7 of Schedule I, to the Court-fees Act, VII of 1870, and when he does so, he shall be exempted from the fee of Re. 1, prescribed in this paragraph, the remaining documents being prepared by the officials of the Court without further payment by the decree-holder. 3. Execution pending receipt of order of transfer of decreeA provision has been made in Order XXI, Rule 10, Civil Procedure Code as amended by the Punjab High Court, to enable the decree-holder to apply for immediate execution through the Court within whose jurisdiction the

judgment-debtor is, by producing merely the decree and an affidavit of non-satisfaction pending the receipt of a formal order of transfer under Section 39, Civil Procedure Code. 4. Channel of transmission of decree transferredWhere the Court to which a decree is to be sent for execution is situate within the same district as the Court which passed the decree, the Court passing the decree, shall send the same directly to the former Court. But, where the former Court is situate in a different district the Court, which passed the decree, shall send it to the District Court of the district in which the decree is to be executed. (Order XXI, Rule 5 of the Code). 5. Execution of transferred decreesUnder Order XXI, Rule 8 of the Code of Civil Procedure, 1908, a decree sent under the provisions of Section 39 for execution to another district may be executed either by the District Court to which it is sent, or by any Subordinate Court of competent jurisdiction to which the District Court may refer it, and, under Section 42, the Court executing the decree has the same powers of execution as if the decree had been passed by itself. The execution files of such cases should remain with the record of the Court by which the decree is executed, and should not be returned to the Court by which the decree was passed. 6. Amount realised on transfer of decrees to be certified and notedA certificate showing the extent to which the decree has been executed is required, by Section 41 of the Code of Civil Procedure, 1908 to be sent to the Court which passed the decree, as to execution so certified, and the particulars should be entered in that Courts register of Civil suits under the head Return of Execution in order to prevent a double execution being taken out in any other district. 7. Register of decrees transferred and decrees received by transferTo ensure compliance with order XXI, Rule 6 of the Code the High Court has prescribed a register in Form XXXIIII of part A-IV of High Court Rules and Order, Volume VI-A, Decrees transferred to other courts and those received by transfer are shown on the two sides of the same page in the register.
Part C POWERS OF EXECUTING COURTS
Part C]

1. Mode of execution ReceiversThe various modes in which execution of a decree may be ordered are given in Section 51 of the Code as follows: (a) By delivery of any property specifically decreed; (b) By attachment and sale, or by sale, without attachment of any property; (c) By arrest and detention of the judgment-debtor; (d) By appointment of a Receiver; or (e) In such other manner as the nature of the relief may require.

In most cases, the methods specified in (a), (b) and (c) alone are resorted to and are found adequate. The appointment of a Receiver may be tried where the value of the property is sufficient to bear the cost and where such appointment is expected to be conducive to harmonious relations between the judgment-debtor and the decree-holder and to provide for the discharge of the decree in a satisfactory manner. 2. Execution of a decree for delivery of propertyWhen it is sought to enforce a decree in Class (a) by attachment of the judgment-debtors property, it should be noted that the period of six months prescribed by Rule 31, sub-rule (2) of Order XXI, Civil Procedure Code, for the sale of the property has been reduced to three months by the Punjab High Court Execution of a decree for delivery of property. When it is sought to enforce a decree in class (a) by attachment of the judgment-debtors property and such an attachment has remained in force (for three months), the property, on application by the decree-holder may be sold, provided the judgment debtor has not obeyed the decree, otherwise the attachment should be ceased.
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The period of six months mentioned in Order XXI, Rule 32(3) Civil Procedure Code, has also been reduced to three months. 3. Power of executing Court to question the validity of the decreeAn executing Court cannot go behind the decree or question the jurisdiction of the Court which passed it (22 P.R. 1919, 1.L.R., 5 Lah. 54). Its function is to execute the decree as it stands. It may, however, refer to the judgment to ascertain its meaning when the terms of the decree are ambiguous.
Comments The Liquidation Judge, Lahore, made an order for payment of Rs. 1,165-5-0 against the minor respondent. That order was enforceable as a decree, but the lower Courts refused execution on the ground that the minor had not been represented before the Liquidation Court and therefore no decree existed. Held, that an executing Court has no jurisdiction to criticise or go behind the decree, all that concerns it is the execution of it. If the decree should be annulled, that is not the function of the executing Court. The Lahore Bank, Limited, In Liquidation v. Ghulam Jilani, (1924) I.L.R. V Lah. 54. (Kalipada Sarkar v. Hari Mohan Dalal, (1916) I.L.R. 44, Cal. 627, and Rashid-un-Nissa v. Mohammad Ismail Khan, (1909) I.L.R. 31 All. 572 (P. C.), followed.) (Jungli Lal v. Laddu Ram, (1919) 50 I. C. 529 (F. B.), dissented from.)

4. Power of executing Court to decide question arising in executionSection 47 of the Code of Civil Procedure confer wide powers on the executing Court to decide all question arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree. Such questions must be decided by the executing Court and no separate suit it maintainable for the purpose. A purchaser at a sale in execution of the decree would also be a party to the suit in view of the amendment made in the explanation to this Section by Act No. 66 of 1956. 5. Execution of decree pending appealThe filing of an appeal from a decree is, by itself, no bar to its execution, and execution may proceed unless it is stayed by an order of the Appellate Court or the Court which passed the decree (vide Order XLI, Rules 5 and 6). It should be noted, however, that when an order is made for the sale of immovable property during the tendency of the appeal, and the judgment-debtor applies for stay of the sale, the Court ordering the sale is

bound to stay it, though it can impose much terms as to security or otherwise as it thinks fit [Order XLI, Rule 6(2)]. 6. Security when execution is stayedWhen a stay of execution is granted under Order XXI, Rule 26, Civil Procedure Code, the rules, as amended by the Punjab High Court, makes it compulsory for the Court to require security or impose such conditions as it thinks fit unless sufficient cause is shown to the contrary. 7. Decree against GovernmentWhere the decree is against the Union of India, or the State of public officer in his official capacity, execution shall not be issued on such decree for a period of three months and limitation for execution of such decree commences only after the expiry of three months from the date of decree.
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Part D]

Part D PAYMENT INTO COURT AND CERTIFICATION OF PAYMENTS OUT OF COURT

1. Payment or adjustment are to be certifiedOrder or Rule 2(1) of the Code provides that where any money is paid out of Court or decree of any kind is otherwise adjusted, e.g., (by delivery of goods or through compromise etc.) to the satisfaction of the decree-holder, the judgment debtor or his surety if any shall certify the Court accordingly. However, no payment or adjustment shall be recorded at the instance of the judgment debtor unless:
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(a) the payment is made in the manner provided above; or (b) the payment or adjustment is proved by documentary evidence; or (c) the payment or adjustment is admitted by, or on behalf of the decree-holder in his reply to the notice given under sub-rule (2) of Rule 1, Order 21, or before the Court. 2. Application to deposit decretal amount requires no stamp and no talbana required for notice to decree-holderNo stamp duty shall be levied on an application by a judgment-debtor to deposit money under a decree of Court, and no talbanas for the issue of the notice to be given to the decree-holder under Order XXI, Rule 1(2), of the Code of Civil Procedure, should be recovered. The decree-holder should be informed of any payment made by service post-card. The deposit money should be disposed of in accordance with Article 247 of the Civil Account Code, Volume I, and paragraph 161 of the Punjab Treasury Manual. 3. Payment by money order on special formUnder the Explanation to the sub-rule (i) of Rule 1, Order XXI, of the First Schedule to the Civil Procedure Code, a judgments-debtor may, if he so desires, pay the decretal amount or any part thereof, into the Court by money order on a form which has been specially approved by the High Court. The form to be used is Indian Money Order Form No. L/M.O. 6 prescribed by the Postal authorities and can be obtained from all Post Offices.

Part E]

Part E PROCEDURE ON APPLICATION FOR EXECUTION

1. Form and contentsAn Application for execution must be in writing except when an oral application is made under Order XXI, Rule 11(1). Upon an application for execution being filed, the Court shall scrutinize it to see that all the requirements of Order XXI, Rules 11(2), 12, 13, and 14 of the Code of Civil Procedure, 1908, have been duly complied with. The application should state distinctly the mode in which the assistance of the Court is sought and the proceedings should be confined to that mode, unless any amendment has been allowed. When an application is for the attachment of immovable property, special care shall be taken that the specification and verification required by Order XXI, Rule 13, of the Code have been furnished. The Court may also require the applicant to produce the authenticated extract mentioned in Order XXI, Rule, 14 when the property is land registered in the Collectors office.
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2. LimitationThe law of limitation as regards applications for execution will be found in Article 136 of the Indian Limitation Act, 1963. An application for execution must be filed within three years of the date of the final decree, and in the case of subsequent applications, within three years of the date of the final order passed on a previous application made in accordance with law to the proper Court for execution.
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By Section 11 of the Punjab Debtors Protection Act the period of limitation has been reduced to six years in certain cases specified therein and the attention of the Courts is directed to that Section. 3. Restrictions placed by Punjab Relief of Indebtedness ActThe restrictions imposed by Section 21(b) of the Punjab Relief of Indebtedness Act, 1934, on the power of a Civil Court to execute its decree in certain circumstances should be carefully noted. 4. Admission and further proceedingWhen the application for execution is in order, or has been amended under Order XXI, Rule 17 of the Code of Civil Procedure, 1908, and is within time, the Court shall proceed as directed in Order XXI, Rule 17(4) and shall cause the application to be entered in the proper register. A copy of the decree need not be filed when execution is taken out in the Court by which the decree was passed. If in any case it is not possible to verify the correctness of the application from the Court register, the original decree should be sent for and examined by the Court.
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5. AmendmentAccording to Rule 17(1), Order 21, if all the requirements of Rules 11 to 14 are not complied with, the Court shall not reject the application straight-way but the Court shall allow the defect to be remedied then and there or within a time to be fixed by it. If the defect is not so remedied, the Court shall reject the application but it shall not reject the application simply if in the opinion of the Court there is some inaccuracy as to the amount referred to in clauses (g) and (h) of sub-rule (2) of Rule 11 and shall decide the application provisionally.

6. Duty of Court to ascertain the amount dueWhenever, on an application for the execution of a decree, or whenever in the course of execution proceedings, it is necessary to ascertain the amount of money which is or which remains due under the decree, the judicial officer should from his own conclusion on the matter therefrom. He should not relay on mere kaifyats or office notes made by ministerial officers. 7. Several decree-holdersWhen an application is made to judicial officer, under Order XXI, Rule 15, of the Code of Civil Procedure, for the execution of the whole decree by one or more persons not being all the persons whose favour the decree appears to be, he should cause notice thereof to be given to the remaining decree-holders or their representatives and he ought not to grant the application unless, after all these parties have had an opportunity of being heard, he is satisfied that there is good reason for the application. 8. Several decree-holdersWhere the decree is severally in favour of more persons that one specifying what each is entitled to there may be applications for partial execution. But where the decree is jointly in favour of more persons than one, the application must be for the execution of the entire decree, so far as it remains unexecuted or unsatisfied; and if the application is for execution of a fraction or a proportionate part of the decree only, it should be refused. 9. TransfereeWhen an application for the execution of a decree is made, under the provisions of Order XXI, Rule 16, of the Code of Civil Procedure, by a person claiming to be entitled to the benefit of the decree in consequence of a transfer of the same to him from the original decreeholder by an assignment in writing, the Court must cause notice of the application to be given to the transferor, and it cannot grant the application unless it is satisfied after the transferor has had an opportunity of being heard that the transfer has in fact been effected. In cases in which the Court grants the application, it should record its reasons for so doing and make an order that thence forward the name of the applicant shall stand on the record as decreeholder instead of that of the original decree-holder. (The provisions of this rule do not affect the representatives) and a transferee of rights in the property, which is the subject matter of the suit, may apply for execution of the decree without a separate assignment of the decree).
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10. Notice to judgment debtorWhen an application is made more than two years after the date of decree or against the legal representatives of a party to the decree, the Court must first issue a notice to the person against whom execution is applied for requiring him to show cause why the decree should not be executed against him unless the case falls within the proviso to sub-rule 1 of Rule 22 of Order XXI, or the Court dispenses with the notice under sub-rule (2) of the same Rule in which later case the failure to record any reasons is now deemed to be only an irregularity not amounting to a defect in jurisdiction (vide the Rule as amended by the Punjab High Court). 11. Attention to service of processAttention is invited to the provisions of Order XXI, Rules 24 and 25, regarding processes for execution. Rule 24 requires that in every case a day specified on or before which the process is to be executed. Rule 25 makes it incumbent on the Court to examine the officer executed, with the execution, when the process is not duly executed, to satisfy itself as records the reasons for its non-execution and to record the result of its inquiry. If

the Courts make careful inquiry in such cases and do not blindly accept the reports on the processes, the percentage or infructuous applications will appreciably diminish. 12. Address for serviceIt should be noted that according to order XXI, Rule 104, Civil Procedure Code, as framed by the Lahore High Court, service on any party shall be deemed to be sufficient in execution proceedings if it is effected at the address for service referred to in Order VIII, Rule 11, Civil Procedure Code, subject to the provisions of Order VII, Rule 24, Civil Procedure Code. This rule, however, does not apply to notices prescribed by Order XXI, Rule 22, Civil Procedure Code, to show cause against execution in certain cases. 13. Period of pendencyExecution Proceedings, will for statistical purposes, be considered as only pending for the period during which something is being done towards execution. If the decree-holder has realized his instalment, or obtained the satisfaction asked for in the application for execution, the case should be struck off, even though a portion of the decree still remains unexecuted. Similarly, the case should be dismissed if the applicant for execution does not take necessary steps to prosecute his application. The Court should record its reasons for the action taken in such cases. 14. Attachment of monies due to Judgment debtorsA case in which the Judgment-debtor prays for a prohibitory order for the attachment of monies due to the judgment-debtor (whether as his salary or otherwise) should be dismissed as soon as the prohibitory order has been duly served and the file should be sent to the Civil Nazir. The subsequent realisation of the moneys concerned forms part of the ministerial duties of the Civil Nazir. If for any reason, such realisation is not promptly and satisfactorily effected, the judgment-creditor can ask the Court to take necessary action.
Part F]

Part F EXECUTION BY ARREST AND IMPRISONMENT

1. ReferencesThe law regarding arrest and imprisonment is contained in Section 51, 55 to 59, 135, 135-A and 136, Order XXI, Rules 21, 37 to 40, Order 38, Rules 1 to 4 of the Civil Procedure Code and the Punjab Relief of Indebtedness Act, Section 34. 2. Persons exempted from arrestA woman is exempt from arrest or detention in execution of a decree for money. (Section 56 of the Code). For other persons exempt from arrest under Civil Procedure Code see Sections 135 and 135-A of the Code. For exemption on the grounds of illness see Section 59. 3. Present Law of arrestIn view of the amendments made in Order XXI, Rule 37 of the Code by Act XXI of 1936 the Court shall issue a notice to the judgment debtor before issuing a warrant of his arrest in execution of the decree unless the Court is satisfied, by affidavit or otherwise, that the judgment-debtor is likely to abscond or leave the limits of the jurisdiction of

the Court with the object or effect of delaying the execution of the decree. Under Section 34, of the Punjab Relief of Indebtedness Act as substituted by Punjab Act XII of 1940, no debtor as defined in that Act shall be arrested or imprisoned in execution of a decree from money. 4. Judgment-debtor should be asked whether he wants to be declared insolventA judgment-debtor against whom no act of bad faith is proved can obtain his discharge as an insolvent under Act V of 1920; whenever a judgment-debtor is to be committed to jail, he should be informed that he may apply to be declared insolvent [Section 55(3) of the Code]. 5. Expenses of arrest and imprisonmentA judgment-debtor cannot be arrested in execution of a decree unless and until the decree-holder has paid into Court such sum as the Judge thinks sufficient for the subsistence of the judgment-debtor from the time of his arrest until he can be brought before the Court. When the judgment-debtor is committed to the Civil prison, the Court must fix such monthly allowance for the subsistence of the judgment-debtor as it thinks fit. The first payment shall be made by the decree-holder to the proper officer of the Court for such portion of the current month as remains unexpired at the time. All subsequent payments must be made to the officer-in-charge of Civil prison in advance before the first day of each month (Order XXI, Rule 39, Civil Procedure Code). Sums disbursed by the decree-holder for the subsistence of the judgment shall be deemed to be costs in the suit (Vide Order XXI, Rule 39(5), Civil Procedure Code as amended by the Punjab High Court). 6. Arrest during vacationWarrants of arrest should be held in suspense during the September Vacation.
Part G]

Part G EXECUTION OF DECREES FOR THE DELIVERY OF IMMOVABLE PROPERTY

The steps to be taken, under Order XXI, Rules 35 and 36 of the Code of Civil Procedure, 1908, in the case of the delivery of immovable property are as follows: (a) When the property is in possession of a person who is bound by the decree or who hold possession on behalf of one who is so boundFirst, where a decree is for delivery of immovable property if such property is in the possession of any person bound by the decree, such person may be called upon to vacate the property in order that possession may be delivered to the person to whom it has been adjudged or his agent; and if he refuses to do so he may be removed from the property in order to effect such delivery possession. Here the endorsement on the warrant should state that the property was found in the possession of A (naming the person) and that he was one of the persons bound by the decree held on behalf of one of the persons (naming the persons); that he was required to vacate the property, and that, on his doing so, the person entitled under the decree was put in possession, or that, on his refuse to do so, he was removed from the property, and the person entitled under the decree was put in possession.

(b) Decree for joint possessionSecondly, where a decree is for joint possession of immovable property, such possession shall be delivered by affixing a copy of the warrant in some conspicuous place on the property and proclaiming by beat of drum at some convenient place the substance of the decree. Here the endorsement on the warrant should state on what part of the property the copy of the process was affixed and at what place the substance of decree was proclaimed. (c) Obtaining access to deliver possessionThirdly, where possession of any building or enclosure is to be delivered and the person in possession, being bound by the decree, does not afford free access, the officers of the Court may (after giving reasonable warning and facility to any woman not appearing in public according to custom, to withdraw) remove or open any look or bolt or break open any door or do any other act necessary for putting the decree-holder in possession. Here the endorsement should describe briefly the action taken, as in paragraph (a) above. (d) When property is in possession of a person who is not bound by decreeFourthly, if the property is in the occupancy of a tenant or other person entitled to occupy it and not bound by the decree to relinquish such occupancy, a copy of the warrant must be affixed in some conspicuous place on the property, and proclamation made as provided in Order XXI, Rule 36, of the Code. Here the endorsement should state that a copy of the warrant had been put up (starting where it was affixed), and that the substance of the decree had been proclaimed. Before issuing a warrant for the delivery of immovable property, the Court should ascertain from the decree-holder, or his agent, the name of the person whom he believes to be in possession of such property, to guide it in selecting the particular mode of delivery suitable to the case. When a decree is passed giving possession of agricultural land, the date on which possession is to be delivered should always be specified in the decree, and orders passed as to any standing crops that may be on the land. If this has not been done in the decree, it should be done in the order which is sent to the Collector by the Court executing the decree. If however, no date is specified in either the decree or the order, and the land of which possession is to be delivered is in the cultivating possession of the judgment-debtor, the Collector should at once refer to the Civil Court for instructions as to whether or not he is to delay execution of the decree, until any crop which may have been sown by the judgment-debtor and is standing on the land, has been removed.
Comments For executing orders about possession of agricultural land, decree is sent to Collector. Civil Court must make mention about standing crops and specify period when possession is to be given. If it is silent, then Collector should return decree to Civil Court for doing the needful. Arya Dutt v. State, (1974) 75 PLR 245 (Delhi).

Part H]

Part H ATTACHMENT

1. Attachment of standing crops, trees and salaryThe law as to attachment is contained in Sections 60-64 and Order XXI, Rules 41-57, Civil Procedure Code and Section 141, Punjab Land Revenue Act, 1887. The changes made in Rules 43, 43A, 43B, 43C, 43D, 45, 53 and 54 of Order XXI by the Punjab High Court (vide Chapter 21) should be noted as also the fact that in the Punjab standing crops, excepting cotton and sugar-cane, are not now liable to attachment or sale in execution of a decree [vide Section 10(1) of Punjab Debtors Protection Act]. Standing trees apart from land on which they stand, are also exempt from sale [vide Section 10(2) of the Punjab Debtors Protection Act]. Attention is drawn to the amendment of Section 60 of the Code of Civil Procedure by Act No. 66 of 1956 and 104 of 1976. Now in execution of decrees for maintenance only one-third of the salary would be exempt from attachment irrespective of the amount of the salary. In execution of decrees other than decrees for maintenance salary to the extent of first hundred rupees and onehalf of the remainder shall be exempt from attachment. Servants of the Government or railway Company or local authority are given further protection as regards the periods for which their salary can be attached in execution of decrees other than decrees for maintenance. 2. Mode of attachment of immovable propertyThe mode of attaching immovable property is by issuing a prohibitory order to the judgment debtor and to the public generally. (It shall require the judgment debtor to attend Court on a specified date to take notice of the date so fixed for settling the terms of the proclamation of sale). (The order shall also take effect, as against of person claiming under a gratutious transfer from the judgment-debtor, from the date of attachment, as against others from the date they had knowledge of the passing of the order of attachment or from the date of proclamation, whichever is earlier (Order XXI, Rule 541), when the property is land paying revenue to the Government, three copies of the prohibitory order shall be prepared. In the case of other immovable property, only two copies are necessary. The details given in the schedule annexed to the order shall be identical with those given in the schedule of the property given in the warrant strict compliance with the provisions of law is necessary to make the attachment valid.
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3. Mode of attachment of immovable propertyThe warrant, together with the requisite copies of the prohibitory, order shall be delivered to the Nazir who will himself, or through his subordinates, fix up the copies and proclaim the order, in accordance with the directions given in the warrant. The Nazir will personally make upon the warrant the endorsement required by law, and return it duly endorsed within the specified time to the Court. Any person deputed by the Nazir, who performs any of the acts constituting the attachment, shall submit a separate return starting the manner in which, and the day and hour at which, he did such act. This return will be attached by the Nazir to the warrant. (Where the property is land situated in a cantonment, copies of the order shall also be forwarded to the Cantonment Board and to the Military Estates officer in whose are that cantonment is situated.

4. Attention to compliance with legal formalitiesThe attention of all Civil Courts is drawn to the necessity of making it a point to scrutinize the service of warrants of attachment before they take further action with regard to the sale or temporary alienation of the property attached. The attachment of land and houses requires particular care and the Court should thoroughly satisfy itself that all the formalities necessary for a legal attachment, have been complied with. Failure to comply with these legal formalities may constitute material irregularity, within the meaning of Order XXI, Rule 90 Code of Civil Procedure, and may cause very serious trouble and loss to the parties later on. It should be noted that a copy of the attachment order is first to be affixed on the property and then upon the Court house. All Courts will, therefore, require the Reader to record a note on the warrant of attachment or on file, that the specific formalities required by Law in the case, have been actually complied with. The Presiding Officer will carefully scrutinize such note and initial it in token of its correctness. 5. Warrant of attachment of land. Drum beating chargesWhere the order is for the attachment of land, the warrant should, in accordance with the provisions of Section 141 of the Punjab Land Revenue Act, XVII of 1887, be addressed to the Collector, and be sent to him for execution, along with the necessary copies of the prohibitory order. The Collector and his office will then be responsible for executing it in accordance with the specified legal formalities, and to affix the necessary prohibitory orders, first on the property and then on the Court house of the Judge issuing the attachment and in his own office. The Collector will return the warrant to the Court concerned when it has been duly executed, with an endorsement under his signature certifying that all the legal formalities required have actually been complied with, and the Court will thereafter proceed as directed in paragraph 4 above. Payment of drum-beating charges may be allowed to be made at the discretion of the District Judge either: (a) in cash at the spot, or (b) by postal stamps attached to the warrant, or (c) by Indian Postal Orders. 6. PreceptUpon the application of a decree-holder, the Court which passes a decree may issue a precept to another Court to attach the judgment-debtors property, when this course is convenient, provided that the Court to which the precept is issued is competent to execute the decree (see Section 46, Code of Civil Procedure). 7. Effect of dismissal of execution positionWhere the Court for any reason, passes any order dismissing the application for execution of the decree, the Court shall direct whether the attachment shall continue or cease and shall also indicate the period up to which such attachment shall continue or the date on which such attachment shall cease (Order 21, Rule 57).
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Determination of Attachment. The attachment automatically ceases where the Court for any reason has dismissed the application for execution of the decree (and has omitted to give and discretion to that effect).

Removal of attachment after satisfaction of the decreeIn the following circumstances, the attachment may be terminated: (1) When all the costs and charges of the decretal amount are paid into the Court. (2) Satisfaction of the decree is otherwise made through the Court or certified to the Court. (3) The decree is set aside. (4) On furnishing the required security by the J.D. (5) By compromise between the parties. (6) By an express order withdrawing or putting an end to the attachment. (7) By sale of the attached property in execution of the decree. (8) By abandonment of the attachment by the decree-holder. 8. NotificationThe Central Government has issued the following notification under Section 60(1)(L) of the Civil Procedure Code:
The 2nd October, 1940

No. 186/37. In pursuance of Clause (L) of the proviso to sub-section (1) of Section 60 of the Code of Civil Procedure 1908 (Act V of 1908), the Central Government is pleased to declare that the following allowance payable to any public officer in the service of the said Government, or any servant of a Federal Railway or of a Cantonment authority or of the port authority of a major port, shall be exempt from attachment by order of a Court, namely: (1) All kinds of travelling allowances. (2) All kinds of conveyance allowances. (3) All allowances granted for meeting the cost of: (a) Uniforms; and (b) Rations. (4) All allowances granted as compensation for higher cost of living in localities considered by Government to be expensive localities including hill stations. (5) All house rent allowances.
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(6) All allowances granted to provide relief against the increased cost of living.

(7) A foreign allowance or, in the case of heads of Diplomatic missions, frais de representation, assigned to officer serving in posts abroad.
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9. DittoThe Punjab Government has issued the following notification under clause (1) of the proviso to sub-section (1) of Section 60 of the Code of Civil Procedure:
Home Department Judicial The 15th January, 1943

No. 8298-J-42/489In exercise of the powers conferred by clause (I) of the proviso to subsection (1) of Section 60 of the Code of Civil Procedure, 1908 (Act V of 1908), the Governor of the Punjab is pleased to declare that the dearness allowance payable to any public officer serving the Government in connection with the affairs of the State shall be exempt from attachment in execution of a decree. 10. Officer to whom notices of attachment of salary etc. may be given under Order XXI, Rule 48In pursuance of sub-rule (1) of Rule 48 of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908), the Central Government hereby appoints the officers specified in column 1 of the table below as officers to whom notices of orders attaching the salaries and allowances of the officers specified in the corresponding entries in column 2 of the said table shall be sent.
Table
Officers to whom Notice should be sent Accountant-General, Central Revenues, New Delhi (1) Officers whose salaries and Allowances are attached Ministry of Finance (Defence), Gazetted Officers

Assistant Financial Adviser, (Establishment), Ministry of Finance (Defence), New Delhi Controller General of Defence Accounts, New Delhi Controller of Defence Accounts, Eastern Command, Meerut

Non-Gazetted Officers

(2) Office of the Controller General of Defence Accounts, New Delhi Gazetted and Non-Gazetted Officers (3) Organization of the Controller of Defence Accounts, Eastern Command, Meerut Gazetted and Non-Gazetted Officers

Officers to whom Notice should be sent

Officers whose salaries and Allowances are attached

Controller of Defence Accounts, Western Command, Meerut

(4) Organization of the Controller of Defence Accounts, Western Command, Meerut Gazetted and Non-Gazetted Officers

Controller of Defence Accounts, Southern Command, Poona Joint Controller of Defence Accounts, Patna

(5) Organization of Controller of Defence Accounts, Southern Command, Poona Gazetted and Non-Gazetted Officers (6) Organization of the Joint Controller of Defence Accounts, Patna Gazetted or Non-Gazetted Officers

Controller of Defence Accounts, (other ranks), Secunderabad

(7) Organization of the Controller of Defence Accounts (other ranks), Secunderabad Gazetted or Non-Gazetted Officers

Controller of Defence Accounts (Officers), Poona

(8) Organization of the Controller of Defence Accounts (Officers), Poona Gazetted or Non-Gazetted Officers

Controller of Defence Accounts (Pensions), Allahabad

(9) Organization of the Controller of Defence Accounts (Pensions), Allahabad Gazetted or Non-Gazetted Officers

Controller of Defence Accounts (Factories), Calcutta

(10) Organization of the Controller of Defence Accounts (Factories), Calcutta) Gazetted and Non-Gazetted Officers

Controller of Defence (11) Organization of the Controller of Accounts (Air Force), Dehra Defence Accounts (Air Force), Dehra Dun Dun Gazetted and Non-Gazetted Officers

Officers to whom Notice should be sent Controller of Defence Accounts (Navy), Bombay

Officers whose salaries and Allowances are attached

(12) Organization of the Controller of Defence Accounts (Navy), Bombay Gazetted and Non-Gazetted Officers

(Government of India, Ministry of Finance (Defence), Notification No. S.R.O. 1417, dated the 15th June, 1956.)
Part J]

Part J OBJECTIONS TO ATTACHMENT

1. Full InquiryObjection to attachment of property under Order XXI, Rule 58, are frequency responsible for great delay in the disposal of the execution cases. Such objections are at time collusive and should be scrutinised with care and disposed of promptly. Adjudication of such objections or claims should be confined to the points indicated in Rules 58 and 59 of Order XXI. Adjudication of any claim or objection is appealable like a decree. When the Court dismiss any claim or objection under Order 21 Rule 58(1), the party may file an application under Section 151 CPC for restoration and for re-investigation or he may also file a suit under Order 21 Rule 58(5) within one year from the date of dismissal for default.
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2. Power to dismiss objection out trialIt should be noted if an objection appears to have been designedly or unnecessarily delayed (or where, before the claim is preferred or objection is made, the property attached has already been sold), the Court as power to refuse (adjudicate) the claim and dismiss the petition and leave the petitioner to institute a suit under sub-rule (5) of Rule 58, Order 28 CPC for the purpose. The amendment of Rule 58 of Order 21, CPC by Punjab and Haryana, Delhi and Himachal Pradesh High Court further provides that unless an objection is made within a reasonable time of first attachment a further right to the attachment and sale of the same property can be allowed only if a title acquired subsequent to the date of the first attachment is established).
Part K]

Part K CUSTODY AND DISPOSAL OF MOVABLE PROPERTY PENDING SALE

1. ReferencesRules relating to the custody and disposal of movable property (other than agricultural produce) attached pending sale, are contained in Rule 43 to 43(D) of Order XXI of the First Schedule to the Code of Civil Procedure (Act V of 1908) as modified or added by the High Court. These have been reproduced in Chapter 21, of this volume. 2. Jewels and portable property to be brought to CourtLight and readily portable articles of all kinds, and especially valuable property of small bulk, such as jewels, etc., shall after seizures, be taken to the headquarters of the Court executing the decree and be made over there to the custody of such officer as the Court may direct.

NoteProperty of the nature described in this rule when placed in the custody of the Nazir may be placed by him in his cash chest and lodged in the outer room of Treasury, if it is open, as provided in Order 4(2) of the Punjab Treasury Manual, if it is closed, the Presiding Officer of the Court must make other suitable arrangements for its safe custody. 3. Bulky property and livestockLivestock and other property which is bulky not readily portable should be dealt within accordance with the second proviso to Rule 43. 4. Form of schedule of propertyThe schedule of property to be annexed to the bond which a custodian must furnish under the above-mentioned Rule must be in the following form:
Schedule of property attached Schedule of property attached and made over

to ...., son of ..... of, as custodian on the .. of ..19..... Detail of property Estimated value Total . .... Sd/-.... Sd/-..... Witness Custodian Sd/-.... Sd/-..... Witness Attaching Officer Sd/-..... Judgment debtor
Directions in regard to attached property (To be printed on the reverse of the Form)

I. No person can be compelled by the Court or attaching Officer thereof to take charge of attached property as a custodian. II. A custodian may at any time terminate his responsibilities by giving notice to the Court of his desire to be relieved of his trust, and delivering to the proper officer of the Court the property made over to him.

III. When any property is taken back from a custodian he should be granted a receipt for the same. IV. When property is made over to a custodian a schedule of property should be drawn up by the attaching officer in triplicate, dated and signed by (a) the custodian and his sureties; (b) the officer of the Court who made the attachment; (c) the person whose property is attached and made over; and (d) two respectable witnesses. One copy will be transmitted to the Court by the attaching officer and placed on the record; one copy will be made over to the person whose property is attached and one copy will be made to the custodian. V. In regard to livestock the following directions apply: (a) The custodian is bound to take all reasonable and proper care of any livestock entrusted to him. (b) The custodian is responsible for the value of any livestock which he fails to deliver to the Court or its authorized officer, when required so to do. If any livestock is to lost or stolen or dies while in the hands of a custodian, such custodian is bound to satisfy the Court that its loss or death was not due to his fault or neglect. (c) If the judgment-debtor or any person claiming to be interested in any attached animal has been permitted to make arrangements for feeding the same (not being inconsistent with its safe custody, while it is under attachment), he may, in the case of poultry, milch cows, etc., take the eggs, milk, etc. 5. Arrangement for feeding to be noted on ScheduleWhenever attached property kept in the village or place where it is attached is livestock, a note shall be added on the schedule to show what arrangements have been made for its keep, i.e., whether it is to be fed by the custodian, and, if so, at what charge or by the judgment-debtor or any person interested. If it is be fed by the judgment-debtor or a person claiming to be interested as permitted by Rule 43-B(1) of Order XXI, the arrangements made should be described on the Schedule to show that they are not inconsistent with its safe custody. 6. Arrangements when value of property is liable to deteriorateIf the property is of such a nature that its value will deteriorate unless special arrangements are made for its storage or for carrying out some preparatory process during the period of attachment the necessary arrangement shall be made and noted at the foot of the schedule; provided that, if in such cases the judgment-debtor and decree-holder agree in writing to the immediate sale of the property the

officer shall proceed to sell it by auction forthwith, after giving such notice to intending purchasers as the circumstances of the case allow. 7. Arrangements subjects to approval of CourtAll arrangements made under these rules shall be made subject to the approval and confirmation of the Court executing the decree. 8. Modification of arrangementsIf the arrangement made by the attaching officer are modified by the Court, a note of the modifications ordered shall be made on the schedule and such note shall be signed by the parties who originally signed the schedule or a fresh schedule shall be prepared in the manner provided above according as the Court may direct. 9. Release of propertyIf the Court directs the release of the property in whole or in part, the articles released shall be made over to the person to whom the Court orders there to be delivered, by an officer of the Court, in the presence of the custodian, judgment-debtor and the witnesses mentioned; or, if their presence cannot be conveniently obtained, two other respectable witnesses. 10. ReclamationsIf any reclamations are then made, a note of such reclamation shall be made at the time by the officer of the Court, and such note shall be signed by the person making them. The statements of the custodian and witnesses shall, likewise, be recorded on the subject by the officer of the Court, and shall be signed by such custodian and witnesses. 11. Custodian liable for criminal breach of trustAny person who has undertaken to keep attached property under Rule 43(1)(c) of Order XXI shall not be liable to be proceeded against as a surety under Section 145 (vide Rule 43D), but if the facts disclose that he has been guilty of criminal breach of trust, he will also be liable to be prosecuted for that offence. 12. Instructions reattachment of property which is not left in local custodyInstructions laid down in Rules 43 to 43D of Order XXI refer, in the main, to cases in which attached property is not removed from the town or village in which it is found by the attaching officer. In cases in which the property is not left in local custody the attaching officer should still, in order to avoid, as far as possible, resistance or obstruction and to facilitate the disposal of claims be careful to attach the property in the presence of two respectable house holders of the village or town where the attachment is made and to draw up a schedule of property attached and to procure their signatures to it.
Part L]

Part L SALE OF PROPERTY AND DELIVERY TO THE PURCHASER

1. ReferencesThe provisions of the Civil Procedure Code, 1903, on the subject of sales are contained in Order XXI, Rules 64 to 102 as amended by the Punjab High Court (vide Chapter 21). Rule 64 to 73 deal with sale generally; Rules 74 to 81, with sale of moveable property; and Rules 82 to 104 with sale of immovable. 2. Settlement of proclamation of saleWhenever a Court makes an order for the sale of any attached property under Order XXI, Rule 64, it shall, if the property be land assessed to land

revenue, revenue-paying or revenue-free land, or any interest in such land, act as directed in the rules hereinafter prescribed. If the property be of any other description the Court shall fix a convenient day, not being distant more than fifteen days, for ascertaining the particulars specified in Order XXI, Rule 66(2), and setting the proclamation of sale. Notice of the day so fixed shall be given to the parties or their pleaders. 3. Enquiry as to encumbrances from Sub-Registrars office(1) If the property be immovable (other than revenue-paying or revenue-free land) the Court may call upon the SubRegistrar within whose sub-district such property is situated to search his registers and report, before the date fixed for settling the proclamation, to what incumbrances, if any, the property is liable. It is very desirable that such searches should be ordered in all cases, with a view to the prevention of fraud, but it should be noted that they cannot be ordered if the decree-holder is not willing to pay the necessary fees. The fees payable are at the rates prescribed in the second proviso to Article II of the table of registration fees published with Punjab Government notification No. 22850; dated the 25th September; 1923, as amended by Punjab Government notification No. 23759, dated the 15th June, 1932, which are as follows: Rs. P. (a) For the first year in the books of which search is to be made for each entry or document 1.00 1.00 (b) For every other year in the books of which search is continued for each entry or document 0.25 The fee in each case is subject to a maximum of 5.00 (2) the amount recovered in this behalf by the Court will first be placed in deposit and will then be paid to the Registration Department, by means of repayment vouchers endorsed in their favour. (3) The report of the Sub-Registrar shall be open to the inspection of the parties, or their pleaders, free of charge, between the time of its receipt by the Court and the settlement of the proclamation of sale. 4. Settlement of proclamation of sale, Estimate of valueOn the day so fixed, the Court shall, after perusing the documents, if any, filed under Order XXI, Rules 13 and 14 of the Code, and the report referred to in the preceding paragraph; after examining the decree-holder, and judgment-debtor, if present, and after making such further inquiry as it may consider necessary, settle the proclamation of sale specifying as clearly and accurately as possible the matters required by Order XXI, Rule 66(2), of the Code, in the following form:
Description of property including name of village and boundaries, if Name of judgement debtor Extent of interest of judgementdebtor in the property so far as it has been ascertained by the Details of incumbrances, if any, to which the property is liable so far as they can be ascertained by Any other known particulars bearing on the nature and value of the property

necessary 1 2

Court 3

the Court 4 5

This proclamation for sale is an important part of the proceedings and the details should be ascertained and noted with care. This will remove the basis for many a belated objection to the sale at a later stage. It is not necessary for the Court itself to give in this proclamation its own estimate of the value of the property. It is sufficient to include in it the estimate, if any, given by either or both of the parties [Proviso added to Order XXI, Rule 66(2)(e) by the Punjab High Court]. The proclamation, when settled, shall be signed by the Judge, and shall be made in the manner prescribed by Order XXI, Rule 67, of the Code. It should be noted that the period of thirty days and fifteen days mentioned in Order XXI, Rule 68, Civil Procedure Code, has been reduced by the Punjab High Court to fifteen days and one week, respectively. 5. Information obtained after proclamationIf, after the proclamation has been published, any matter is brought to the notice of the Court which it considers material for intending purchasers to know, the Court shall cause the same to be notified to intending purchasers when the property is put up for sale. 6. Costs of proclamationThe costs of the proceedings hereinbefore prescribed shall be paid, in the first instance, by the decree-holder; but they shall be charged as part of the costs of execution, unless the Court, for reasons to be specified in writing, considers that they should, either wholly or in part, be omitted therefrom. 7. Grant of time to debtor to arrange private alienationAttention is called to the provisions of Order XXI, Rule 83 of the Code, which confers on the Court the power of postponing, at the instance of the judgment-debtor, a sale of immovable property in execution of decree, if it is satisfied that the amount of the decree may be raised by mortage or lease or private sale of such property or of any other property of the judgment-debtor. Care must be taken that this power is not so exercised as to inflict an injury on the decree-holder.

In clause (3) of Rule 83 quoted above it is expressly laid down that the Rule does not apply to a sale of property directed to be sold in execution of decree for sale in enforcement of a mortgage of, or charge on, such property. 8. Adjournment of saleThe sale shall be held at the time and place specified in the proclamation, unless the Court adjourns it to a specified day and hour, or the officer conducting the sale (with the leave of the Court, if the sale is made in or within the precincts of the Courthouse) adjourns it for reasons which must be duly recorded. Whenever a sale is adjourned for a longer period than thirty days, a fresh proclamation shall be made, unless the judgment-debtor consents to waive it. 9. Purchase of auction by decree-holder or officer connected with auctionAttention is drawn to Order XXI, Rule 73, of the Code of Civil Procedure, 1908, which directs that an officer having any duty to perform in connection with any sale in execution of a decree, shall not directly or indirectly bid for, acquire or attempt to acquire any interest in the property sold; and to Order XXI, Rule 72, of the Code, which prohibits the holder of a decree in execution of which property is sold from bidding for or purchasing the property without the express permission of the Court executing the decree. (Similarly mortagee is also forbidden to bid at sale without the leave of the Court). 10. Decree-holder need not pay sale moneyClause (2) of Rule 84 of Order XXI enables the Court to dispense with the deposit of earnest money when the decree-holder is the purchaser and is entitled to set off the purchase money under Rule 72. Rule 86 makes the forfeiture of earnest money optional. 11. Submission of statements of forfeiture of earnest money. 12. Purchase money : its payment to decree-holder or its refund. Refund of commission Purchase money deposited in Court upon the sale of immovable property shall be retained by the Court until the expiry of a period of fifteen days from the date of the order confirming the sale. If no notice of an appeal having been presented by the party seeking to set the sale aside, be given to the Court within that period, the purchase money less the sum which has to be credited to Government or paid to the Court Auctioneer as commission on the sale (see paragraph 22) may be paid on the demand of the decree-holder. If such notice be given within the prescribed period, the purchase money shall be retained in deposit until the appeal is decided, unless the party at the time entitled to receive it gives security, to the satisfaction of the Court to repay it at any time when he may be required by the Court, so to do. 13. The changes introduced by the Punjab High Court in Order XXI, Rule 89, Civil Procedure Code, require careful attention (vide Chapter 21). 14. Application to set asideApplications for setting aside sales are frequently made under Order XXI, Rule 90, Civil Procedure Code. An application under this Rule can be made not only by the decree-holder or person entitled to rateable distribution in the assets but also by any person whose interests are affected by the decree. But the grounds on which such an application can be made are restricted and should be carefully borne in mind. An application

under this Rule can only be made on the ground of material irregularity or fraud in publishing or conducting the sale, and secondly, it must be proved that the application has suffered substantial injury as a result of the material irregularity or fraud complained of. Both these conditions must be satisfied before any sale is aside under this Rule. It has been provided further in the Punjab that no sale can be set aside on any ground which the application under this Rule must be made within 30 days of the sale (Article 127, Schedule I, of the Indian Limitation Act, 1963). 15. Application by purchaser to set aside saleOrder XXI, Rule 91, of the Code of Civil Procedure, 1908, enables the purchaser at a sale of immovable property in execution of decree to apply to the Court to set aside the sale on the ground that the debtor had no saleable interest therein. Such an application must also be made within thirty days from the date of the sale (see, Article 127, Schedule I to the Indian Limitation Act, IX of 1963). It should be noted that the Rule applies only when the judgment-debtor has no interest at all in the property sold but not when he has some interest at any rate in it, however, small that interest may be. 16. Confirmation of sale : AppealIf no application to set aside the sale is made under Rules 89, 90 or 91 within thirty days, or the application is disallowed, the Court must confirm the sale: (Provided that, where any property is sold in execution of a decree pending the final disposal of any claim to, or any objection to the attachment of, such property the Court shall not confirm such sale until the final disposal of such claim or objection). An appeal lies from an order confirming or setting aside a sale but no separate suit is maintainable to challenge the order.
1

(Where a third party challenges the J.D.s title by filing a suit against the auction purchaser the decree-holder and the judgment debtor shall be necessary parties to the suit and if the suit is decreed, the Court shall direct the decree holder to refund the money to the auction purchaser and where such an order is passed the execution proceedings in which the sale had been held, shall be revived at the stage at which the sale was ordered).
2

17. Refund to purchaserWhen such a sale is set aside under Order XXI, Rule 92, Rule 93 provides for the recovery and repayment to the purchaser of the purchase money. The Court should not refer him to a separate suit for the money paid by him, which should be recovered (if necessary) and refunded to him, subject to the provisions of paragraph 23. 18. Certificate of saleWhen a sale of immoveable property has become absolute, the Court shall grant a certificate stating the property sold and the name of the person, who, at the time of the sale, is declared to be the purchaser. This certificate should be in the prescribed form, and must bear the date of the confirmation of the sale, and he stamped, at the expense of the purchaser, in conformity with the provisions of Chapter II, Part B, and Article 18 of Schedule IA of the Indian Stamp Act II of 1899, as amended by Punjab Act, VIII of 1922, when the terms of the certificate have been finally, settled, the draft shall be signed by the Judge and placed with the record of the execution proceedings, and the certificate granted to the purchaser (which should be in exact conformity with such draft) shall be engrossed on the stamp paper, free of copying charge. Instances have occured where the purchaser has not taken his certificate, but has asked merely for a draft certificate, to be appended to the file of execution, his idea being to use the draft certificate in proof of his title to the property purchased. Subordinate Courts are warned

to guard against such subterfuges. No draft certificate should in any case be drawn up until the stamp duty required by law has been paid. It should be noted that the title to the purchaser accrues from the date of the sale, though a certificate can only be granted after its confirmation. 19. Copy of certificate of sale of immovable property to be sent to Registration officeA copy of the certificate, whether the property sold be land or other immoveable property, and without regard to the amount of the purchase-money, shall be sent to the Registering Officer, within the local limits of whose jurisdiction the whole or any part of the property is situated to be filed in his supplementary Book No. I. This copy should be drawn up in vernacular with permanent black ink or with registration ink obtainable from the Central Stationary Officer, Calcutta, and on the prescribed form which is obtainable on indent from the Controller of Printing and Stationery, Punjab. 20. (i) Court official for conducting salesSales in execution of decrees shall ordinarily be conducted by the Court Auctioneer. The District Judge may direct by special order that the sale in a particular case or cases shall be conducted by the Nazarat staff. (ii) In every district, save as otherwise prescribed, the Official Receiver should ordinarily be appointed Court Auctioneer. (iii) Security by Court AuctioneersEvery Court Auctioneer shall give security in the sum of Rs. 2,000, over and above any security he may have given as Official Receiver, for the satisfactory discharge of his duties. This security shall be furnished to the satisfaction of the District Judge. The rules in Chapter 4-D, High Court Rules and Orders, Volume II, which govern the taking of security from Official Receivers shall, mutatis mutandis, apply also to Court Auctioneers. 21. Procedure for return of sale warrant(i) A warrant of sale shall not be delivered to the Court Auctioneer direct by the Court ordering sale but shall be forwarded to him through the process-serving agency. After the sale the warrant and connected papers shall be returned by the Auctioneer to the process-serving Agency which shall forward it to the Court concerned. (ii) Sale under supervision of Court AuctioneersAll sales of property whose estimated values exceeds Rs. 500/- or less may be conducted by agents of the Court Auctioneer. In all cases the Court Auctioneer is responsible for proper compliance with all legal requirements and for all the acts of his agents. The Court Auctioneer shall each morning, supply to each Court a date-sheet showing the sales already fixed by all courts in order that sales which he has to attend may not be fixed at different places on the same day. (iii) Deposit of sale proceeds into Government treasuryThe Court Auctioneer shall himself deposit into the treasury all sums realised at auction sales conducted by him or his staff. All sums realised at sales conducted at places where there is a treasury shall be deposited into the treasury

or the State Bank of India, as the case may be, on the first working day after the sale. The District Judge shall prescribe periods, within which the proceeds of sales conducted at other places shall be deposited. The periods so prescribed shall be reported to the High Court and shall be as short as possible. 22. Government commission(i) Commission at the following rates shall be deducted from the proceeds of sales under this Chapter: (a) If the sale-proceeds do not exceed rupees five thousandat five per centum. (b) If the sale-proceeds exceed rupees five thousandat five per centum on rupees five thousand and two-and-a-half per centum on the remainder. (ii) If the sale is conducted by the Court Auctioneer, 80 per cent of the commission will be paid to him and 20 per cent will be paid into the Treasury to the credit of Government. All incidental expenditure shall be met by the Auctioneer. (iii) If the sale is conducted by the Nazarat staff, the whole of the commission shall be credited to Government and nothing shall be paid to the officer conducting the sale. In such cases, the expenses incurred in conducting the sale, including the cost of advertisement, must not exceed the amount of commission. (iv) Expenses of custody etc.The expenses incurred in the care, custody and keep of attached property (as taxed by the Court) shall be a first charge on the sale-proceed thereof, after the deduction on the commission mentioned above.
Comments Where evacuee property which could not be attached and sold under Section 8 of the East Punjab Evacuee (Administration of Property) Act, 1947, was put to auction by reason of a mistake on the part of the Court and the custodian applies to have the sale set inside, it is clear case for departure from the rule contained in Para 22 dealing with the matter of commission payable on auction sales, and the custodian is not liable to pay the commission of the Court auctioneer. Custodian Evacuee Property Delhi v. Ram Kishan and others, AIR 1952 Punjab 141. Where the auctioneer accepted cheque as deposit under Order XXI Rule 84 CPC and the cheque was not encashed. The purchaser was held liable to pay commission of the auctioneer. Kabul Singh v. S. Balwant Singh and others, AIR 1955 NUC (Punjab) 4344.

23. Charges of Court Auctioneers(i) No commission shall be paid on the proceeds of sales set asides for a material irregularity in publishing of conducting the sale. The commission on the proceeds of a sale set aside for any other cause shall be paid by the person at whose instance and for whose benefit the sale is set aside and the Court Auctioneer shall be entitled to his share of such commission. (ii) If a sale is set aside the purchase money shall be refunded in full to the Auction Purchaser unless it is set aside at his instance and for his benefit in which event the commission due under paragraph 22 shall be deducted from the sum to be refunded. Where a sale is set aside after the commission has been paid to the Court Auctioneer, the Court shall recover it from him and shall refund it to the Auction Purchaser if he is entitled to the

refund of the whole the purchase money. In such cases the Government share of the commission shall also be refunded. (iv) In cases in which auction sales are ordered, but not completed or do not take place at all, the Court auctioneer shall be paid only his actual expenses, provided that if there has been, in the opinion of the Court, clear negligence on the part of the auctioneer (e.g., failure to advertise leading to absence of bidders) he will not be entitled to any compensation. The amount of actual expenses if held due under this rule will be determined by the Court and shall be paid by the decree-holder or the judgment-debtor as the Court may direct. 24. Conduct of sale by Nazarat staff(i) Where the District Judge directs that a sale be conducted by the Nazarat staff, the proper officer to conduct the sale is. (a) Where the sale is ordered by a Court of Small Causesthe Department Officer or such other officer as the Court may appoint. (b) Where the sale is ordered by a Court other than a Court of Small Causes: (1) The Civil Nazir, for all sales ordered by Courts located at District Headquarters and for all other sales in which the value of the property to be sold is estimated to exceed Rs. 5,000. (2) The Naib Nazir of the Court ordering the sale for other sales. (ii) In every case in which the Civil Nazir is not required, under these directions or the directions of the District Judge, to conduct the sale in person, such sale may be conducted under the orders and upon the responsibility of the Civil Nazir, by the Naib Nazir deputed by him for the purpose. (iii) When it is desirable to have the sale conducted at the place where the attached property is situate and the property is of small value, and a Nazir or Naib Nazir is not available for the duty, an execution bailiff may be deputed to conduct the sale. (iv) A process-server shall not be employed to conduct sale without the authority in writing of the Officer-in-charge of the Process-serving Agency concerned. Such order shall not be made unless no other officer is available and the value of the property to be sold is estimated at Rs. 100 or less. (v) The District Judge may issue instructions, consistent with these directions, for the further regulation of the conduct of sales by the civil Nazir and his establishment. 25. Sale of guns or armsWhenever guns or other arms in respect of which licenses have to be taken by purchasers under the Indian Arms Act XI of 1878, and Rules thereunder, are sold by public auction in execution of decrees, the Court directing the sale shall give due notice to the Magistrate of the district of the names and addresses of the purchasers and of the time and place of the intended delivery to the purchasers of such arms, that proper steps may be taken by the Police to enforce the requirements of the Indian Arms Act.

26. Sale of landFor attachment and sale of land or interest in land.

Part M]

Part M EXECUTION OF DECREES BY THE ATTACHMENT AND SALE OR TEMPORARY ALIENATION OF REVENUE-PAYING OR REVENUE-FREE LANDS

1. Law applicableIn dealing with applications for the execution of decrees by the sale or temporary alienations of land, the provisions of Section 141 of the Punjab Land Revenue Act and the Debtors Protection Act should not be overlooked. It should be observed that land which has been built upon ceases to be land within the meaning of Section 141 of the Punjab Land Revenue Act, notwithstanding the fact that it is assessed to land revenue. (See I.L.R. 1946 Lahore, 52 AIR 1944, Lahore 455).
Comments A Single Judge of the High Court set aside the attachment and sale of certain shops and a workshop belonging to the judgment debtor on the ground that the sale was illegal and void because it had not been conducted in accordance with the mandatory provisions of section 141 of the Punjab land Revenue Act. Held (reversing the judgment of the Single Bench) that land in section 141, of the Punjab Land Revenue Act has its dictionary meaning and is used in the plain sense of that term, that is land that was in its original state and on which buildings with structures of a permanent character had not been constructed. The special procedure prescribed by section 141, of the Punjab Land Revenue Act is not meant to be followed in cases where the property to be attached and sold is not bare land but houses and shop etc., and it is wholly outside the contemplation of the framers of the section that the Collector had to sell shop and house property under the provisions of section 141, of the Act. Vir Bhan and Another v. Sham Singh and Athers, (1946) I.L.R. XXVII Lah. 52. (Nawab Ahmad Yar Khan v. S. K. Bose, AIR 1923 Lah. 582, dissented from.)

2. Objections to be decided by Civil CourtIt should be borne in mind that the powers of the Civil Courts to deal with objections under Section 47, Civil Procedure Code or Order XXI, Rule 58, as amended by the Punjab High Court, are the same irrespective of whether the objections are received by the Court direct or through the Collector. 3. Objections under Section 9 of the Debtors Protection Act are to be decided by the Civil Court and not the collector. (AIR 1941, Lahore 225). 4. Seeking Collectors adviceIn cases of temporary alienations which are not governed by the Punjab Debtors Protection Act, the Civil Court may seek the Collectors advice. 5. Returns to be submitted by CourtCivil Courts should be submitted quarterly returns in Form C printed in Part A-V, High Court Rules and Orders, Volume VI-A, under the heading 4. Returns relating to execution of decree in which the Collector is consulted, under the Rule 4 above or an order is sent to the Collector under Section 141 of the Punjab Land Revenue Act but execution of the decree remains in the hands of the Civil Court. 6. Returns to be submitted by CollectorForms A and B in the aforesaid part of Volume VIA were drawn up by the Judges with the concurrence of the Financial Commissioners for

quarterly statements which the Collectors are required to submit to the District Judge in respect of execution proceedings transferred under Section 141 of the Punjab Land Revenue Act and Section 4 of the Debtors Protection Act respectively. 7. Money specifically charged on land. Warrants of sale how sentIn cases where the decree is one for the recovery of money specifically charged on the land ordered to be sold the warrant of sale has to be issued by the Civil Court. In this connection attention is invited to the Section 141 of the Punjab Land Revenue Act, 1887, according to which orders for sale of land have to be addressed to the Collector or such revenue officer as the Collector may appoint. The warrants for sale in such cases may, therefore, after arrangement with the Collector, be sent direct to the Tahsildar or such other revenue officer, as the Collector may appoint, who will return them after execution to the Court concerned through the Collector. Duplicate copies of warrants for sale should also be sent direct to the Collector for information.
Part N EXECUTION OF DECREES AGAINST AGRICULTURISTS
Part N]

1. Property exempt from attachment and sale etc.The following property of an agriculturist is exempt from attachment and sale. (a) The necessary wearing apparel, cooking vessels, beds and beddings of the judgement-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with any woman. [Section 60(1)(a) of the Code.] (b) Implements of husbandry, and such cattle and seed-grains as may, in the opinion of the Court be necessary to enable him to earn his livelihood as an agriculturist and such portion of agriculturist produce or any class of agricultural produce as may have been declared by the State Government to be free from Liability under Section 61 [vide also clause (b) of the proviso to Section 60 (1) of the Code]. (c) Where the judgment-debtor is liable to pay land revenue, so much of the produce of the land as the collector thinks necessary for seed-grain and the subsistence until the harvest next following of the judgment-debtor, his family and cattle exempted under head (b) [Section 70 of the Punjab Land Revenue Act, read with Section 88 of the Punjab Tenancy Act and Section 60(1)(p) of the Code of Civil Procedure. Under Section 61 of the Civil Procedure Code, the Punjab Government has declared that in the case of agriculturists, the judgment-debtors entire fodder crops, including gram-oats, chari, maize and guara, one-third or 20 maunds, whichever is greater, of foodgrains, and one-third of all other crops shall, subject to the provisions of clauses (b) and (p) of sub-section (1) of Section 60 of the Civil Procedure Code and of the proviso to Section 70 of the Land Revenue Act, be exempted from liability to attachment or sale in the execution of a decree for the purpose of providing, until the next harvest for the cultivation of land and for the support of the judgment-debtor and his family. (d) Houses and other buildings (with the materials and the sites thereof and the land immediate appurtenant thereto and necessary for their enjoyment) belonging to an agriculturist and not proved by the decree-holder to have been let out on rent or lent to persons other than his father,

mother, wife, son, daughter, daughter-in-law, brother, sister or other dependants or left vacant for a period of year or more. [Section 60(1)(c) of the Code and Section 35 of the Punjab Relief of Indebtedness Act as amended by Punjab Act XII of 1940]. (e) Milch animals, whether in milk or in calf, kids, animals, used for the purpose of transport or draught cart or open spaces or enclosures belonging to an agriculturist and required for use in case of need for tying cattle, parking carts or staking fodder or manure [clause deemed to be added to the proviso to Section 60(1) of the Code, by Punjab Act XII of 1940]. (f) Standing crops except cotton and sugarcane. [Section 10(1) of the Punjab Debtors Protection Act]. (g) Standing trees apart from the land on which they stand cannot be sold [Section 10 (2) of the Punjab Debtors Protection Act.] 2. No bar to the sale of land belonging to an agriculturistThe Punjab Land Alienation Act, 1900 was replaced by the adaptation of Laws (Third Amendment Order, 1951. (S.R.O. 508, dated the April, 1951). There is now no bar to the sale in execution of a decree of the land belonging to an agriculturist. 3. Exemption of ancestral immovable propertyAttention is invited to the provisions of Section 9 of the Punjab Debtors, Protection Act which lays down that ancestral immovable property in the hands of a subsequent holder shall not be liable in the execution of a decree or order of Court relating to a debt incurred by any of his predecessors-in-interest. Thus rule, however, is to be applied only when custom is the rule of decision in regard to succession of immovable property. It is not applicable when the debts has been expressly charged by way of a mortgage. 4. Attachment and sale to be carried out through CollectorThe attachment and sale of the land and its produce will be carried out by an order addressed by the Civil Court to the Collector or such Revenue Officer as he may appoint in this behalf under Section 141 of the Punjab Land Revenue Act and subject to the rules made thereunder and the provisions of the Code contained in Order 21, Rules 44, 45, 74, and 75.
Part O EXECUTION OF DECREES AGAINST PERSONS IN MILITARY SERVICE (See Chapter 6)
Part P]

Part P RECEIPTS FOR PROPERTY REALISED OR RECOVERED IN EXECUTION OF DECREES

1. ReceiptsReceipts should invariably be furnished by decree-holders for money paid or goods delivered through the Courts in satisfaction of decrees.

2. Payment by debtorSums tendered by a judgment-debtor in payment or part payment of a decree shall be received by the Court which framed the decree or to which the decree has been sent for execution, whether the judgment-creditor has taken out execution or not; and whether, in case he has taken out execution, he is actually in accordance at the Court-house or not. 3. Payment to decree-holder when presentIf the judgment-creditor is in attendance at the time of such tender (whether for the purpose of prosecuting his execution or not), the money so received by the Court shall be made over to him upon his giving a receipt, duly stamped if the sum so paid exceeds Rupees twenty, and the receipt taken shall be filed with the proceedings. 4. Amount to be deposited when decree-holder is not presentIf the judgment-creditor is not in attendance the sum paid in by the judgment-debtor shall be made over by the Court to the Nazir, who shall forthwith deposit it in the Treasury, at the Sadar or Tehsil, as the case may be, and notify to the Court the number, and date on which the sum has been entered in the deposit register. A corresponding entry will be made in the Courts record: Provided that if the Treasury is closed for business when the money is paid into Court, it should be placed in the Nazirs Cash Chest, which should be lodged in the outer room of the Treasury, if it is open, as provided in Order 4(2) of the Punjab Treasury Manual, 2nd edition, page 2, and if it is closed the Presiding Officer of the Court must make other suitable arrangements for its safe custody. 5. Receipt to be given to debtor by CourtAn unstamped acknowledgement will in every case, be given to the judgment-debtor, by the officer to whom the payment is made, for any sum paid into Court under the preceding paragraphs. 6. Payment to decree-holder of the sum depositedWhen the judgment-creditor appears and claims the sum received by the Court, such Court shall give the claimant (after identification) a cheque on the Treasury, payable to his order, for the amount, and shall note thereon the date of deposit and the number in the deposit register. An unstamped receipt, particularising the amount of the cheque, its date and number, together with the deposit number and date, shall be taken from the judgment-creditor in acknowledgement of such cheque, and this receipt will remain on the record, and will be deemed sufficient to mark the finality of the proceedings. 7. Payment to decree-holder of the sum depositedThe cheque mentioned in the preceding paragraph shall be presented to the Treasury Officer for payment, and the receipt to the payee, endorsed thereon, shall be sufficient acquaintance for the Treasury Officer, who will forward such endorsed cheque to the Accountant-General as his voucher for the withdrawal of the amount from deposit. 8. Stamp on receiptWhen the amount exceeds rupees twenty the receipt will be stamped at the expense of the judgment-creditor. 9. Dakhalnama does not require stampThe practice prevailing in some districts of requiring the dakhalnama or acknowledgement taken from a decree-holder when he has been placed in possession of immovable property in execution of decree, to be stamped, is not authorized either

by the Court Fees Act or by the Stamp Act. The dakhalnama, not being an acknowledgement of the receipt of money or other movable property, is not a receipt within the meaning of Section 2(23) of the Stamp Act, and does not require to be stamped.
Part Q]

Part Q RESISTANCE TO EXECUTION

1. Resistance by judgment-debtor or by some person on his behalf or at his instigationIf the holder of a decree for the possession of immoveable property, or the purchaser of any such property sold in execution of a decree is resisted or obstructed by any person, and the decreeholder complains of such resistance or obstructions, Order XXI, Rules 97 to 99, prescribed the procedure to be followed. According to Order XXI, Rules 98, Civil Procedure Code, as amended by the Punjab High Court, a Court can take action not only when the obstruction was occasioned by the judgmentdebtor himself or by some person at his instigation but also when it was caused by any one on his behalf. It has also been provided that the detention ordered in this rule shall be at public expense. The provision as to the limitation is contained in Article 129 of the Limitation Act, 1963 which provides a period of thirty days from the date resistance or obstruction. 2. Resistance by othersOrder XXI, Rule 99 (is substituted for the old Rule 100), and it provides for cases where any person other than the judgment debtor is dispossessed of immovable property by the holder of a decree for the possession of such property or where such property has been sold in execution of a decree, by purchaser thereof, he may make an application to the Court complaining of such dispossession, and the Court shall proceed to adjudicate upon the application.
1

3. Restoration of possession to a person who was in possession not on account of debtor but was disposed in executionSee Rule 2.
Part R]

Part R COSTS IN EXECUTION PROCEDURE

1. Cost of pleaderUnless there is any reason to the contrary, costs of pleaders in execution cases should be allowed on the scale laid down for miscellaneous proceedings in Chapter 16. Legal Practitioner, Part B. 2. Costs of clothing and bedding supplied to a civil prisonerThe clothing and bedding supplied in accordance with paragraph 790(2) of the Punjab Jail Manual (1932) to a civil prisoner committed to prison in execution of a decree, being returnable to the decree-holder at the time of the prisoners release under paragraph 796(2) ibid their cost should not be included in the costs of the execution. 3. Subsistence expenses of the debtor arrested in executionMoney spent by the decreeholder for the subsistence of the judgment-debtor arrested in execution shall be included in costs.

4. Compensatory costs for false or vexatious claims or defencesThe Court can order that a party who knowingly puts forward any false or vexatious claim or defence in execution proceedings shall pay costs by way of compensation to the opposite party who objects to the claim or defence on these grounds. The amendments of Section 35A and insertion of Section 35B in the Code of Civil Procedure by Act No. 104 of 1976 may be studied in this connection.
Part S]

Part S RECIPROCAL EXECUTION OF DECREES BY COURTS IN INDIA AND FOREIGN COUNTRIES

1. Section 44A CPCThe Law on the subject of execution of decrees of Courts in India by foreign Courts and vice versa is contained in Section 44A of the Code of Civil Procedure. 2. Reciprocal arrangementsSection 44A which was originally inserted in the Code of Civil Procedure, 1908 by Act No. 8 of 1937 has been amended by Act LXXI of 1952. It now provides that a decree passed by, a superior Court in any reciprocating territory can be executed in India by filing a certified copy of the decree in a District Court, which will treat the decree as if it has been passed by itself. Reciprocating territory means any country or territory outside India which the Central Government may by notification declare to be a reciprocating territory for the purposes of Section 44A. A superior court with reference to any such territory would mean such courts as are specified in the said notification. The arrangement is confined only to decrees for payment of money not being sums payable as taxes, fines or penalties, etc. Further the decree should not be based on an arbitration award. The definition of India in clause (7B) of Section 2 of the Code does not govern Section 44A (Please see Section 4 and Third Schedule of Act No. 42 of 1953). 3. (a) United KingdomThe Central Government has in exercise of the powers conferred by Explanation I to Section 44A CPC declared the United Kingdom of great Britain and Northern Ireland to be reciprocating territory for the purposes of the said section and the House of the Lords, the Court of Appeal (inserted vide Ministry of Law GSR 201 dated 13.3.1950), and High Court in England, and Court of Sessions in Scotland, the High Court in Northern Ireland, the Court of Chancery of the Country Palatine of Lancaster and the Court of Chancery of the Country Palatine of Darham to be the Superior Courts of that Territory, vide Central Government Notification Nos. 47 of 51, dated the 25th February, 1953, and 1st March 1953, respectively, published in the Gazette of India. Similarly, the Government of Great Britain have extended Part I of the Foreign judgments (Reciprocal Enforcement) Act, 1933 to the territories of the Union of India and the following Courts shall be deemed to be Superior Courts of the said territories for the purposes of Part I of the said Act: (a) All High Courts and Judicial Commissioners Courts. (b) All District Courts.

(c) All other courts whose civil jurisdiction is subject to no pecuniary limit provided that the judgment sought to be registered under the said Act is sealed with a seal showing that the jurisdiction of the courts is subject to no pecuniary limits,vide the Reciprocal Enforcement of judgments (India) Order, 1953. (b) BurmaReciprocity has been established between India and Burma in the matter of execution,vide Government of India Notification No. 286-36-Judicial, dated the 27th March, 1939, and Government of Burma Notification, No. 141, dated the 7th March, 1939. According to these notifications the following courts have been declared to be superior Courts for the purposes of Section 44A. (1) High Court at Rangoon. (2) All District Courts in Burma. 4. AdenReciprocity has also been established between the colony of Aden and India and the Supreme Court of the said reciprocating territory has been specified by the Central Government as a Superior Court under Explanation I of Section 44A of the Code. (Government of India, Ministry of Law, Notification No. S.R.O. 183, dated the 18th January, 1956). 5. Fiji ColonyReciprocity has also been established between the colony of Fiji and India, vide Central Government Notification No. S.R.O. 959, dated the 22nd March, 1954 published in the Gazette of India of 27th March 1954. 6. Colony of SingaporeReciprocity has also been established between the colony of Singapore and India and the Supreme Court of the said reciprocating territory has been specified by the Central Government as a Superior Court under Explanation I of Section 44A of the Code. (Government of India, Ministry of Law, Notification No. S.R.O. 1867, dated the 1st September, 1955). 7. Federation of MalayaReciprocity has also been established between the Federation of Malaya and India and the High Court and the Courts of Appeal of the said reciprocating territory have been specified by the Central Government as superior courts under Explanation I of Section 44-A of the Code . (Government of India, Ministry of Law, Notification No. S.R.O. 4, dated the 3rd January, 1956). The Central Government vide Notification No. S.R.O. 3282 dated 15th October, 1957 has declared New Zealand, the Cook Islands (including Niue and the Trust Territory of Western Samao to be the reciprocating countries under Section 44-A of the Code.
Part T]

Part T RECIPROCAL ARRANGEMENTS WITH JAMMU AND KASHMIR

1. ReferencesAny decree passed by any Civil Court established in any part of India to which the provisions of the Code do not extend or by any Court established or continued by the authority of the Central Government outside India may if it cannot be executed within the

jurisdiction of the Court which passed it, be executed by any Civil Court in India (Section 43 of the Code of Civil Procedure). 2. Reciprocal arrangementsThe State of Jammu and Kashmir is a part of India vide (Article 1 of the Constitution of India) to which the provision of the Code of Civil Procedure do not extend [Section 1(3) of the Code as amended by Act II of 1951]. Section 43 therefore, makes provision for the execution of decrees of Civil Courts of Jammu and Kashmir by Civil Courts in those parts of India, where the Code extends. 3. Reciprocal arrangementsThe Jammu and Kashmir Government have substituted a new Section 44 in the Jammu and Kashmir Code of Civil Procedure, 1977 by their Amending Act 1 of Sambat 2011. It runs as follows: Section 44. Execution of decree passed by courts in other State in
India J & K State]

The Government may by notification in the Government Gazette declare that decrees of any Civil or Revenue Court situate in India beyond the limits of Jammu and Kashmir State or of any Court established or continued by the authority of the Central Government of India outside India or any class of such decree may be executed in the State as if they had been passed by Courts of the State. 4. Notification by Jammu and Kashmir StateThe Government of Jammu and Kashmir have issued the following notification under Section 44 of their Code. Government of Jammu and Kashmir Chief Secretariat-General Department. Order No. 914-C of 1954, dated the 10th July, 1954. NotificationIn Exercise of the powers conferred by Section 44 of the Code of Civil Procedure, 1977, the Government hereby declare that decrees of any Civil Court situate in India beyond the limits of the Jammu and Kashmir State or of any Court established or continued by the authority of the Central Government outside India may if they cannot be executed within the jurisdiction of the Court by which they were passed, be executed in the State as if they had been passed by a Court of the State. 5. For a list of Civil Courts in the two Provinces of Jammu and Kashmir and the limits of their territorial jurisdictions. 1. Addition made by Section 18 of Act No. 104 of 1976. 1. Substituted by Act No. 104 of 1976. 1. Substituted by Act No. 104 of 1976 due to amendment in Section 82 of CPC. 2. Substituted by Act No. 104 of 1976. 2. Rule of substituted by Act 104 of 1976 and Repeal of Article 182 of Limitation Act, 1908.

1. Substituted due to CPC Amendment Act (Act No. 104 of 1976). 1. Inserted by CPC Act No. 144 of 1976. 1. Rule 2 substituted in view of Act No. 104 of 1976. 1. Due to changes made by Act No. 104 of 1976. 2. Added in view of Government of India, Ministry of Home Affairs, Notification No. 57/4/49-Ests. dated the 31st
May, 1949.

3. Added in view of Government of India, Ministry of Home Affairs, Notification No. 57/8/51-Ests., dated the 21st
September, 1951, received with Punjab Government endorsement No. 10450-JJ-51/5482, dated the 7th October, 1951.

1. Due to amendments in Order 21 CPC by Act No. 104 of 1976. 1. Due to amendment of Order 21, Rule 92 CPC. 2. Due to insertion of sub-rules (4) and (5) in Rule 92, Order 21 CPC. 1. As per Substitution of Order 21, Rule 99 by Act No. 104 of 1976.

CHAPTER 13
Ch. 13]

Transfer and Withdrawal of Suits and Appeals

1. Transfer of part-heard casesSection 24 of the Code of Civil Procedure provides for the transfer of suits, appeals or other proceedings pending in subordinate Courts. Although this power of transfer may be exercised at any stage of a suit, appeal or other proceedings, no partheard case should be transferred from one Court to another, if this can possibly be avoided. 2. Courts requesting for transfer should record reasonsIn submitting applications to superior authority for the transfer or withdrawal of cases under Section 24 of the Code of Civil Procedure, Civil Courts should always record a short statement of the case, with their reasons for making the application. 3. Transfer of a case in which the Judge is personally interested or in which the order appealed against was passed by himWhenever a suit or appeal comes before a Judge in which he is personally interested, or in which the order appealed against was passed by himself a report should at once be made to the Superior Court concerned with a view to the case being transferred to another Court. 4. Parties should be informed of the date for appearance before District Judge when at Court requests for transfer. District Judge to inform parties the date for appearance before the Court to which he transfer the caseIf a subordinate Court sends a case to the District Judge with an application for its transfer, on the ground that it is beyond his jurisdiction or on similar grounds it should give the parties the date for appearance before the District Judge. The District Judge will either hear the matter on that day, or when this is not possible, give another date. If orders for transfer are passed, the parties present should be informed of the Court to which the case has been transferred and a date should be fixed by the District Judge, for their next appearance in new Court. 5. On transfer of a case to another Court parties to be informed of date for appearance before the CourtIf an application is made by one of the parties for a transfer and orders of transfer are passed after notice to the other side, the parties present should similarly be informed by the District Judge of the Court to which the case has been sent and the date on which they should appear before it. 6. Records to be sent immediately to the Court to which case is transferredWhen is a case is transferred by administrative order from one Court to another, the Presiding Officer to the

Court from which it has been transferred shall be responsible for informing the parties regarding the trasfer, and of the date on which they should appear before the Court to which the case has been transferred. The District Judge passing the order of transfer shall see that the records are sent to the Court concerned and parties informed of the date fixed with the least possible delay. When a case is transferred by judicial order the Court passing the order should fix a date on which the parties should attend the Court to which the case is transferred. 7. Withdrawal of a suit by plaintiffA plaintiff is at liberty to withdraw from a suit at any time (subject to any order as to costs that the Court may pass), but if he wishes to reserve his right to sue again, he must obtain permission of the Court under Order XXIII, Rule I, Civil Procedure Code. Permission can only be granted on the grounds specified in the rule. The words other sufficient grounds have been interpreted to mean grounds of the same nature as the grounds specified in clause (a) of sub-rule 2 of Rule 1 of the Order. The mere fact that plaintiff has not been able to produce adequate evidence to establish his case is no justification for granting permission under this rule. 8. District Judge may transfer a case to Additional District JudgeA District Judge may with due regard to convenience, transfer a case under Section 24, Civil Procedure Code to an Officer in another district when that officer is acting as an ex-officio Additional District Judge of the district from which the case is to be transferred. In such case no reference to High Court is necessary except when any difficulty is experienced in making transfers. 9. District Judge can transfer or withdraw an appeal without reference to High CourtThe District Judge can, without reference to the High Court transfer or withdraw any appeal pending in the Court of the Additional or ex-officio District Judge. But he cannot exercise jurisdiction in such manner as to set aside the orders of the High Court. Thus an appeal once transferred under the orders of the High Court cannot be retransferred without further orders from the High Court. 10. Separate record of transfer applicationsApplications for transfer of civil cases and the proceedings therein should form files separate from the record of the main case sought to be transferred and the records of such transfer applications should be separately consigned to the Record Room. The original order on transfer application should be kept on the record of the transfer proceedings and a copy of this order should be sent to the Court concerned. 11. Transfer of cases on administrative groundsCases transferred by a Court of its own motion or on administrative grounds should not be entered in any register and it is unnecessary to keep any statement of cases so transferred. It is not necessary in such cases to make any separate record of the transfer proceedings and the original order of transfer instead of a copy, may be sent to the Court concerned.

CHAPTER 14
Ch. 14

Appeals and RevisionsCivil

Part A THE APPELLATE SYSTEM OF THE PUNJAB
Part A ]

1. Clashes of Appellate CourtsThere are fours classes of Appellate Courts in the Punjabthe High Court of the District Judge; the Court of the Additional District Judges, if so directed by the District Judge under Section 21 (2) of the Punjab Courts Act; and the Court of the Subordinate Judge of the 1st Class, if so empowered by a Notification issued by the High Court, under Section 39(3) of the Punjab Courts Act. Appellate powers of Senior Sub-JudgesBy High Court Notification No. 170 Gaz./XXI-C.6 dated 16th of May, 1935 as amended by Notification No. 53, Gaz/XXI-C.6 dated the 23rd February, 1940. The Senior Subordinate Judge of the first class in each Civil District of the Punjab has been invested with appellate powers in respect of decree or orders passed by any subordinate Judge in a small cause of a value not exceeding Rupees five hundreds and in an unclassed suit of a value not exceeding Rs. 100 High Court Notification No. 171-Gaz/XXI-C.6 dated 16th May, 1935, similarly empowers the Senior Subordinate Judge of the first class in respect of the Union Territory of Delhi. Enhanced powers of Senior Sub-JudgesSome Senior Subordinate Judges of the first class have been invested personally with enhanced appellate powers in respect of decrees or orders passed by any Subordinate Judge to the following extent: (a) in a small cause of a value not exceeding Rs. 1,000 (one thousand); (b) in a lane suit of a value not exceeding Rs. 250 (two hundred fifty), and (c) in an unclosed suit of a value not exceeding Rs. 500 (five hundred). For the notification quoted in the paragraph see Chapter 20-B, paragraph IV. 2. Forum of appeal(i) Section 39 of the Punjab Courts Act, 1918, as amended provides that An appeal from a decree or order of a Subordinate Judge shall be: (a) to the District Judge, where the value of the original suit concerned does not exceed Rs. 5,00,000/-. (b) to the High Court in other Case.

3. (Not applicable for Delhi). 4. Withdrawal of appeal from and transfer to Sub-JudgesIf any such appeal is pending before a District Judge the latter may transfer it to any Subordinate Judge under his administrative control competent to dispose of it. He may also withdraw any appeal so transferred, and either dispose of it himself, or transfer it to any competent Court under his administrative control (Section 40 of the Punjab Courts Act). 5. Section 41 of the Punjab Courts Act lays down the conditions under which a second appeal lies to the High Court from a decree passed in appeal by a Court subordinate to the High Court. Section 42(2) lays down that no second appeal shall lie in a Small Cause of a value not exceeding Rs. 500. 6. Appeal in compromise casesSection 96(3) of the Code of Civil Procedure provides that no appeal shall lie from a decree passed with consent of parties. 7. Appeal from preliminary decreesSection 97 of the Code provides that a preliminary decree, which has not been appealed against, shall not be questioned in any appeal preferred from the final decree. 8. Appeal from ordersAn appeal lies from any order of the kinds specified in Section 104 of the Code and Order XLIII, Rule 1, and from no other orders (see the first 13 words of Section 38(1) of the Punjab Courts Act).
Part B]

Part B GENERAL PROCEDURE OF APPELLATE COURTS (a) Copies to accompany the Memorandum of Appeal

1. First Appeals, Second Appeals, Judgment Disposal of some issue. Duty of copying agencyOrder XLI, Rule 1, of the Code of Civil Procedure provides that the memorandum of appeal shall be accompanied by a copy of the decree appealed against and (unless the Appellate Court dispenses therewith) of the judgment on which it is founded. A Proviso has been added to this rule in Punjab making it possible that where two or more cases are tried together and disposed off by one judgment the appellant(s) may with the permission of the proper authority file only one copy of the judgmentthough he/they may have filed more than one appeal. Second proviso has been added and it provides that the Court may permit the appeal to be filed with true copies duly authenticated by an advocate as correct. (It has further been added that the appellant in case of decree for payment of money shall as per the instructions of the Appellate Court deposit the amount dispute in the appeal or furnish such security as the Court may think fit).
1

In Second appeals in addition to be copies specified in Order XLI, Rule 1, the memorandum of appeal shall be accompanied by a copy of the judgment of the Court of first instance, unless the Appellate Court dispenses therewith, vide Rule 2, Order XLII, added by the Punjab High Court.

When some issues are disposed of at first and the rest by the final judgment, it is sufficient to attach a copy of the final judgment to the memorandum of appeal. (For the purposes of the above Rules, see Civil Appeal No. 1481 of 1928). Whenever an application is made for a copy of a civil judgment for the purpose of applicant should be informed that a copy of the decree is also requisite and he should be supplied with such copy, unless he declines to pay the necessary fees in which case a certificate under the signature of the officer incharge of the Copying Department, should be endorsed on the copy of the judgment supplied to the applicant to the effect that he was duly informed that a copy of the decree was requisite and after being so informed declined to pay fees for the same. Similarly an applicant for a copy of an Appellate judgment for the purposes of a second appeal should be told that a copy of the trial Courts judgment is also requisite. In second appeal in addition to the copies specified in Order XLI, Rule 1, the memorandum of appeal shall be accompanied by a copy of the judgment of the Court of first instance, unless the Appellate Court dispenses therewith. Vide Rule 2, Order XLII, added by the Punjab High Court. When some issues are disposed of at first and the rest by the final judgment, it is sufficient to attach a copy of the final judgment to the memorandum of appeal, for the purposes of the above Rules. (See Civil Appeal No. 2481 of 1928). Whenever an application is made for a copy of a civil judgment for the purpose of appeal the applicant should be informed that a copy of the decree is also requisite and he should be supplied with such copy, unless he declines to pay the necessary fees in which case a certificate under the signature of the officer-in-charge of the Copying Department, should be endorsed on the copy of the judgment supplied to the effect that he was duly informed that a copy of the decree was requisite and, after being so informed declined to pay fees for the same. Similarly an applicant for a copy of an Appellate judgment for the purposes of a second appeal should be told that a copy of the trial Courts judgment is also requisite. 2. Exclusion of time sent in obtaining copies for limitation purposeSection 12 of the Indian Limitation Act, 1963 directs that the period allowed for appeal shall be reckoned exclusive of the judgment and decree appealed against. The time requisite is the time beyond the applicants control occupied by the Copying Agency after an application for a copy has been duly made to the proper officer. In granting copies therefore, the Court or the Copying Agency should be careful to endorse on the copy the following particulars: (a) The date of presentation of the application for a copy; (b) The date on which the copy was examined and attested: (c) The date of delivery or dispatch of the copy. Appellate Courts should be careful to notice any delay in furnishing these copies.

3. TranslationsWhere the order appealed against is in English, it will be sufficient to file a copy of the English order without its counterpart in the vernacular. But should the appellant require it, he should be allowed to take a copy of the vernacular translation (if any) as well.
(b) Preliminary reception of appeals

4. Reception, service of processes, addresses for serviceThe general rules regarding the reception of plaint and service of summons on defendants in Chapter 1, Practice in the Trial of Civil Suits apply mutatis mutandis to the reception of appeals and service of notices on respondents. It should be noted that an address for service filed during the course of the trial holds good for the purposes of Appellate proceedings also; and such address given by respondents must be stated in the memorandum of appeal according to Order XLI, Rule 38, as added by the Punjab High Court. 5. Reception by Court officialIn District Courts, the usual practice is for the Clerk of the Court or Superintendent to receive in the first instance the memorandum of appeal. There is no objection to this practice which is a convenient one for both the Court and suitors. It must, however, be distinctly remembered that the only duty which can legally be delegated to the Clerk of the Court or Superintendent is to receive the memorandum of appeal and note thereon the date of its receipt. The order as to its admission or rejection can be passed only by the Court itself. 6. AmendmentIf the grounds of objection to the decree appealed against are not set out concisely or are argumentative or in narrative form in contravention or Order XLI, Rule 1, of the Code of Civil Procedure the petition of appeal should be returned for amendment under Order XLI, Rule 3 of the Code and Courts should exercise freely the discretion thereby vested in them with a view to stricter compliance with the provisions of the second sub-rule of Order XLI, Rule 1 of the Code. Persistent disregard by any appeal-writer of these provisions should, after due warning, lead to the withdrawal of his licence. (Condonation of delay: A new sub-rule 3A added in Rule 41 by CPC Amendment Act, 104 of 1976 provides that the Court may condone the delay of limitation on its being satisfied by the applicant). 7. AdmissionThe memorandum of appeal, when bearing the proper Court fees, must be admitted, if presented in the prescribed form and within the prescribed time, unless it is rejected or returned for amendment under Order XLI, Rule 3, of the Code. When an appeal has been admitted, it will be endorsed with the date of presentation, and the date fixed for hearing, and will be registered by the proper officer of the Court. 8. Disposal under Order XLI, Rule 11(i) In admitting the memorandum of appeal the Court should decide whether it will proceed under Order XLI, Rule 11, of the Code, and fix a time for hearing the appellant or his pleader (with or without the records) without notice to the respondent, or send notice of the appeal to the respondent and to the Court against whose order the appeal is made, and fix a day for hearing the appeal.

(ii) Notice ought not to be issued to a respondent unless the Appellate Court, either without pursuing the records of the lower Court, or after calling for the pursuing such records, is in doubt as to the correctness of the decree appealed against. 9. Disposal under Order XLI, Rule II(a) The Appellate Courts should be careful to see that the object of the statutory provision of Order XLI, Rule 11, is not defeated and respondents put to unnecessary trouble and expense by the indiscriminate issue of notice to respondent in all cases. When decision is confirmed under this rule, the confirmation should be notified to the lower Court. Such confirmation falls within the definition of decree as given in Section 2(2) of the Code, and being as such, appealable, a formal decree should be framed in every case disposed of under the provisions of Order XLI Rule 11. (b) Attention if drawn to a recent Punjab amendment of Order XLI, Rule 14, which require that every notice of appeal to a respondent other than a respondent stated to be proforma shall be accompanied by a copy of the Memorandum of appeal, or if so permitted by concise statement. The required number of copies of the memo or concise statements, as the case may be should be filed immediately after the appeal has been admitted and the Court has fixed a day for hearing the appeal under Order XLI, Rule 12. (c) Formulation of Question of LawOrder 42 Rule 2 inserted vide by CPC Amendment Act, 104 of 1976 provides that after admitting an appeal for hearing, the High Court shall formulate the substantial question of law under Section 100 CPC and the appellant cannot urge any other ground except with the leave of the Court. This provision is mandatory (1978 PLR 89).
Comments Order of High Court dismissing appeal in limine is a decree. Hakam Singh v. Jaswant Singh and others. AIR 1974 Punjab 235.

10. Amendment after admissionWhen an appeal has been registered and a date has been fixed for hearing, the petition cannot be returned for amendment. The appeal must be disposed of in the regular manner by dismissal, or by a (judgment affirming, varying or reversing the decree of the lower Court). If the appellant should desire to urge any ground of objection not set forth in the memorandum of appeal, he can, under the provisions of Order XLI, Rule 2, of the Code of Civil Procedure, do so only with the permission of the Court and such permission should ordinarily be applied for in writing some time before the date fixed for the hearing, under Order XLI, Rule 12 of the Code, in order that the respondent may have sufficient opportunity of contesting the case on that ground, without the necessity of a postponement. 11. Attention is drawn to the definition of decree given in Section 1(2) of the Code and to Sections 104, 105 and Order XLIII which specify what orders are appealable. 12. Appeals by Indigent personsAppeals by indigent persons should not be admitted unless the Court, after perusal of the judgment and decree finds the decree to be contrary to law or some

usage having the force of law or is otherwise erroneous or unjust. In this connection the amendments of Order XLIV, Rule 1, by Act 66 of 1956 may be studied.
(c) Hearing and disposal of appeal

13. Default in appearance(i) If, on the day fixed for the hearing of the appeal under Order XLI, Rule 12, of the Code or any other day to which the hearing is adjourned, the appellant does not attent in person or by agent, the appeal should usually be dismissed for default. It is illegible to take up a civil appeal in the absence of the appellant or his agent and confirm the decision of the lower Court on the merits instead of dismissing the appeal for default: for if the appellant afterwards appears, shows good cause for his absence on the day fixed for hearing and applies for readmission of the appeal, the Court is met by the difficulty that the appeal has already been heard on the merits. (ii) Attention is drawn to a recent amendment in Punjab making Section 5 of the Indian Limitation Act, applicable to applications for re-admission of appeals under Order XLI, Rule 19. (iii) In any case, where a party, whose non-attendance is ground for dismissal of the proceeding for default, is not present when the proceeding is called on for hearing, the Court may postpone passing final order, if there is other work, which the Court can conveniently take up in the meantime. No hard and fast rule can be laid down, and the matter is one for the exercise of proper discretion in view of all the circumstances. But Courts should endeavor to dispose of cases on merits as far as practicable and avoid dismissals in default when this can be done without wasting of time of the Court or prejudice to other litigants. The above remarks also apply to the hearing of an appeal ex-parte owing to the absence of a respondent. If an adjournment is necessary by reason of a party not having appeared when first called, he may properly be ordered to pay all the costs caused by the adjournment. 14. Special powerSpecial attention is invited to Order XLI, Rule 33, which introduces an English rule of law whereby an Appellate Court is given the fullest power to do complete justice between the parties concerned in the suit, whether such parties have joined in the appeal or not. 15. Appeals from orders during proceedingsAppeals from orders in pending proceedings should be disposed of as promptly as possible, so as not to delay those proceedings unnecessarily.
(d) Judgment in appeal

16. ContentsThe judgment of the Appellate Court should contain the point or points for determination, the decision thereupon and the reasons for the decision, and, when the decree appealed against is reversed or varied, the relief to which the appellant is entitled (Order XLI, Rule 31, of the Code of Civil Procedure). In other words, the judgment should be complete in itself and should give a concise account of the case between the parties, intelligible not only to the superior Appellate Courts, but to the public.

17. Grounds of appeal and evidenceIt is not intended that the judgment of the lower Appellate Court should ordinarily be as detailed as that of the Court of first instance, e.g., it will rarely be necessary for the lower Appellate Court to deal with the evidence of particular witnesses or to examine in detail the whole of the evidence; but it should give an intelligent and clear summary of the evidence which it had to consider and state the reasons for which it thinks particular portion of the evidence to have been more or less worthy of consideration. If any ground of appeal is not pressed by the counsel or is withdrawn, the Appellate Court should invariably mention this fact in the judgment. An appellant is entitled to expect not only that every objection to the judgment or the proceedings of the lower Court, which is taken in due from and is relevant and of a substantial character, should be considered, but also that a decision upon the point raised by such objection should be recorded in the Appellate Courts judgment. 18. Findings of factThe findings of fact arrived at by the Court of first appeal are, as a rule, final and cannot be challenged in second appeal except in certain grounds. The Court of first appeal should therefore realise their responsibility in the matter and see that the findings of fact on which their decision is based are clear and precise. The judgment should indicate that all relevant evidence, oral as well as documentary, has been considered. Second, appeals have to be frequently admitted for the reasons that the necessary findings of fact or either vague or nonexistent or that importance evidence on record has been ignored. 19. How parties to be namedAs confusion frequently arises from the use of the words appellant and respondent in two successive Appellate Courts, especially when the parties appealing belong to different sides, Appellate Courts should not use these terms without the addition of the words plaintiff or defendant, as the case may be; or the later terms alone may be used.
(e) Decrees in appeals

20. Contents of decreesUnder the provisions of Order XLI, Rule 35, of the Code the decree of the Appellate Court is required to contain the number of the appeal, the names and description of the parties a clear statement of the relief granted or other determination of the appeal, and an order as to costs. NoteFor the directions as to filling up decretal orders of Appellate Court see Chapter 11-B, Para 2(ii).
(f) Remands

21. Fixing date of appearance in lower CourtWhenever, a case is remanded for redecision under Order XLI, Rules 23 or 23A or for the trial of certain issues under Order XLI, Rule 25, the Order ordering the remand shall at once, in the presence of the parties, give them a date on which they shall appear before the trial court and note the fact on the record. 22. Court to which remand case is pending(a) When a case is remanded by an Appellate Court under Order XLI, Rule 23 or 23A it must be restored to its original number on the register of the Court, to which it is remanded and be considered as a pending regular suit; but if it is

referred for the re-investigation of certain issues, under Order XLI, Rule 25, it should remain on the register of the Appellate Court and be considered as an appeal pending in that Court. (b) Rule 23A of Order XLI was inserted in 1938 by the Punjab High Court and enables the Appellate Court to remand a case where retrial is considered necessary, even though the Court from whose decree the appeal is preferred has disposed of the case otherwise than on a preliminary point. 23. Framing of decreeAn order of remand under Order XLI, Rule 23 or 23A of the Code of Civil Procedure not being a decree as defined in the said Code, the framing of a formal decree by the Appellate Court in cases remanded by it under these rules in incorrect. 24. Date of return by lower CourtWhen a case is remanded under Order XLI, Rule 25, of the Code of Civil Procedure, reasonable time should be fixed for the return of findings by the lower Court. The latter Court should make every effort to submit the report by the date fixed, but if this is found to be impracticable, it should apply at once for an extention of time, starting its reasons and mentioning the date by which it expects to be able to submit the required report. 25. Date for objectionsAppellate Courts should pay special attention to the provisions of Order XLI, Rule 26, of the Code of Civil Procedure. They should take measures to ensure that in all cases of remand under Order XLI, Rule 25, of a definite period, subsequent to the return of the record of the inquiry to the Appellate Court, shall be fixed to admit of objections being filed by any dissatisfied party, due notice of such period being given to the parties. No Court should proceed to final judgment without ascertaining that such period has been duly allowed. If it has not, the Appellate Court should either postpone the appeal or ascertain and record the objections of the parties or either of them or ascertain and record that neither party has any objection to advance. 26. Additional evidenceAppellate Courts have the power to admit additional evidence under order XLI, Rule 27, of the Code of Civil Procedure, but this can only be done on the grounds stated therein and the reasons for admitting the evidence must always be clearly recorded. The test for the admission of such additional evidence and the manner in which the appellate Courts should exercise their discretion in this behalf are laid down in 1951, Supreme Court Reports, 258.
Comments The discretion given to the appellate Court by Order 41, Rule 27 to receive & admit additional evidence is not an arbitrary one, but is a judicial one circumscribed by the limitations specified in that rule. If the additional evidence is allowed to be adduced contrary to the principles governing the reception of such evidence, it will be a case of improper exercise of discretion, & the additional evidence so brought on the record will have to be ignored & the case decided as if it is non-existent. The legitimate occasion for the application of Order 41, Rule 27 is when, on examining the evidence as it stands, some inherent lacuna or defect becomes apparent, not where a discovery is made, outside the Court, of fresh evidence & the application, is made to import it. The true test, therefore, is whether the appellate Court, is able to pronounce judgment on the materials before it without taking into consideration the additional evidence sought to be adduced. Where the first appellate Court, admitted additional evidence before examination of the evidence on the record & consequently before reaching a decision that the evidence as it stood disclosed a lacuna which the Court required to be filled up for pronouncing its judgment:

Held, that the appellate Court was not justified in admitting the additional evidence. Arjan Singh v. Kartar Singh & Others, AIR 1951 SC 193 : 1951 SCR 258. (Kessowji v. G. I. P. Railway, 1907 (34) I. A. 115 : 1907 (31) ILR Bom. 881(P. C.) & Parsotim v. Lal Mohan, 1931 (58) I. A. 254 : AIR 1931 P. C. 143 Relied).

(g) Service of Processes of Appellate Courts

27. Duty of lower Court in the matter of service(a) It not infrequently happens that processes of Appellate Courts sent to districts for service on respondents are returned with a note to the effect that the respondent has left or is not residing in the district, and the hearing of the appeal has therefore to be postponed. In view of Rule 38 of Order XLI added by Punjab High Court, Service of the notice of appeal and other processes shall issue of the addresses filed by the parties under Order VII, Rule 19 and Order VIII, Rule 11 or subsequently altered under Order VII, Rule 24 or Order VIII, Rule 12 and service effected at such addresses shall be as effective personal service. Attention is also drawn to Order V, Rule 23 of the Code of Civil Procedure, which places the Court called upon to serve the process in the same position as if it had itself issued it. The provisions of the Code on this point should be carefully attended to. (b) It shall be in the discretion of the appellate Court to dispense with the service of a notice on any respondent or his legal representative when the respondent did not appear at the hearing in Court. (Please see Rule 14(3) as added in Punjab). 28. Statement of serving officerIn the case of summonses from the High Court serving the summons shall record the statement of the peon as to such service on solemn affirmation, and shall verify the same with its signature before returning the summons.
Part C]

Part C SECURITY IN REVISION CASES

1. Security to be given in Lower CourtWhen an application for revision under Section 44 of the Punjab Courts Act, 1918, or under Section 25 of the Provincial Small Cause Courts Act, No, IX of 1887, has been made in the High Court and, it is ordered in that Court that the applicant shall give security in any Court subordinate to the High Court for the due performance of the decree or order sought to be revised, such Court shall, upon receiving intimation from the High Court of such order, accept from the applicant any amount which he may offer to deposit, or any security which he may tender for the purpose of satisfying or giving security for the performance of the said decree or order, and shall retain the same in its custody pending the further order of the High Court. 2. Report by Lower Court to High CourtWhen a deposit has been made or security tendered in the Subordinate Court, such Court shall, on the request of the applicant or on receipt of a precept from the High Court, certify in writing addressed to the Deputy Registrar of the High Court what has been done by the applicant, with its own opinion, if required, as to the sufficieny of the security tendered. 3. Proceedings in lower CourtIn all cases not provided for in these directions or by a special order of the High Court, the same practice shall be followed in the Subordinate Court as prevails

in such Court, when taking security in pursuance of an order made under Order XXI, Rule 26(3) of the Code of Civil Procedure (requiring security upon stay of execution of a decree), or under Order XLI, Rule 5(3) (c) of the Code of Civil Procedure (for the taking of security for the performance of a decree or order under appeal to a superior Court). 4. Procedure in Lower CourtThe proceeding directions shall apply, so far as may be, when a person intending to apply to the High Court under Section 44 of the Punjab Courts Act, 1918, or Section 25 of Act IX of 1887, has performed, or tendered security for the performance of, or deposits the amount of the decree or order which he desires to have revised, in the Court in which such decree or order is pending for execution, or by which it would ordinarily be executed under Section 38 of the Code of Civil Procedure.
Part D]

Part D PROCEDURE IN THE CASE OF APPEALS AND APPLICATIONS PRESENTED AFTER PERIOD OF LIMITATION

1. Memorandum of appeal to be checked for purposes of limitationUpon the presentation of a memorandum of appeal to an Appellate Court, the officer whose duty is to examine such memorandum shall examine the copy or copies of judgments and decrees attached to the appeal, and shall calculate whether, after deducting the allowance sanctioned by law, the memorandum has been presented within time. 2. (i) Office to note when appeal appears to be time-barredIf the memorandum of appeal appears to be presented after time, or there appears to be ground for doubting whether it is within time, such officer shall record upon or annex to the memorandum of appeal a note of his calculation showing: (1) the date when the period expired, without any allowances; (2) the allowances to which appellant seems entitled; (3) the date when the period expired, after all the allowances, to be made under head (2) have been made. (ii) Points to be borne in mind in making calculationIn making such calculations the following points must be borne in mind: (a) The date when the time expired under head (1) is to be calculated irrespective of such date falling upon a day when the Court is closed for a holiday (including Sunday) or for vaction, any allowance on this account being noted under head (2) of the calculation. (b) The entries endorsed on copies of judgments and the like will be assumed to be correct. (c) The date on which the application for copy is made and also the day on which the copy is given will each be reckoned separately as one day unless both events occur on the same day.

(d) The date on which a copy is ready for delivery will be deemed for the purpose of such calculation, to be the day on which it is given. In this connection attention is invited to the ruling of the High Court in I.L.R. Ill Lahore 280, where it was held that when copies of judgments are despatched by post, in accordance with rules, the period intervening between completion and despatch of the copies must be excluded in computing the period allowed for an appeal. 3. Duty of office to obtain orders of the CourtIt shall be the duty of the officer presenting the memorandum of appeal for the consideration of the Court of appeal to bring to its notice the note of calculation above prescribed. 4. Note by CourtWhenever, on the date fixed for taking a memorandum of appeal into consideration, it appears prima facie to the Court to have been presented after the expiry of the period prescribed by law, as calculated in the manner prescribed by law, the Court shall record its opinion to that effect, starting the number of days by which such period seems to have been exceeded.
Comments To attract applicability of Section 5 of Limitation Act, 1908, formal application is not necessary. Mela Singh v. Kartar Singh and another, (1961) 63 Punj. LR 919.

5. Appellant required on explain for delayIn such cases if the appellant has not tendered, with the memorandum of appeal, any explanation of the delay in presenting it, the Court shall, if the appellant is in present in person or by agent, record an order thereon, or to be annexed thereto, requiring the appellant to supply such explanation in writing, and to represent such appeal within a period to be specified in the order. Such period may be enlarged in the discretion of the Court, either before or after it has expired, upon sufficient cause for such enlargement being shown to the satisfaction of the Court. 6. Examination of appellantWhen the memorandum of appeal is represented with the explanation required or when the memorandum of appeal as first presented contains an explanation of the delay in presenting it, the Court shall take into consideration the explanation offered, and may examine the appellant or his agent, in order to elucidate the explanation. 7. Court may dismiss appeal as barred by timeIf the Court is of opinion that assuming all the facts stated by way of explanation to be true, the explanation is sufficient, the Court shall record an order to that effect, and shall reject the appeal as barred by time. 8. Appellants to be called upon to prove facts which bring appeal within timeIf the Court considers that if all or any of the facts stated by way of application be true, the explanation will be sufficient to justify the admission of appeal it shall give the appellant an opportunity of proving the truth of the facts stated. 9. Mode of proofSuch proof may be given either by affidavit, or by oral testimony, upon a date to be fixed by the Court for that purpose, unless the appellant be ready to give, and the Court find it convenient to receive, such proof at once.

10. Power of Court to dismiss appeal as barred by time when no explanation of delay attached to memorandum of appealWhen no such explanation is presented with the memorandum of appeal, and the appellant is not present in person or by agent, the Court may, after recording its opinion as directed in paragraph 4 above, unless it sees cause to postpone the passing of a final order, forthwith dismiss the appeal as barred by time without considering the merits of the appeals as set forth in the memorandum. 11. Procedure as to applicationsSimilar procedure should be observed, so far as may be, by all Civil Courts, whether of original jurisdiction or not, in respect of applications for review, and any other applications to which the provisions of Section 5 of the Indian Limitation Act have been made applicable. The applications for re-admission of appeals under Order XLI, Rule 19, applications for restoration of suits under Order IX, Rule 4, and 9 and applications for setting aside of decrees passed ex parte Order IX, Rule 13, are a few examples.
Part E]

Part E TRANSMISSION OF APPELLATE COURTS ORDERS TO LOWER COURTS

The following rules are made by the High Court in regard to the transmission of Appellate Courts orders to lower Courts:
Rules

1. District Judge to send copies of his judgments to Senior Subordinate JudgeThe District Judge will send copies of all his judgments on appeal to the Senior Subordinate Judge. 2. Senior Sub-Judge to send it to Court concernedThe Senior Subordinate Judge will transmit the copies to the original Court for information and return dirct to the Record-keeper, to whom the original records will be sent at once. 3. Senior Subordinate Judge to send copies of his judgments to Court concernedThe Senior Subordinate Judge will send copies of all his judgments on appeal to the original Court for information and return direct to the Record-keeper, to whom the original record will be sent at once. 4. Form to be attached by appellate Court to original recordAppellate Courts will attach to the original record the following form : Date Copy of judgment attatched by District Judge ........................................... Copy of judgment attached by Senior Subordinate Judge ....................... Copy of judgment despatched by Senior Subordinate Judge ..................

Copy of judgment received by Record-keeper......................................... (Translation is/is not attached) (It will be simpler to have only one form).................................................... 5. Running list of the record-keeper(a) The Record-keeper will maintain a running list prepared from the above form of all cases in which copies of judgments have been sent out. When the copies of judgments are returned to him by the original Courts, he will add them to the records fill in the date of receipt, and strike those cases off his running list. (b) If copies are not returned within 10 days of despatch he will issue a reminder (which should be on a printed form) and if that is ineffective, report the matter to the despatching Court. (c) The running list will be in the following form :
Name of case Date of despatch Date of reminder, if any 123

(d) The reminder will be in the following printed form To the Court of................................................................................................... A copy of the judgment of the................................was despatched to you by the................................on the................... and has not yet been received by the Record-keeper. Please return at once. Date. .............................. Record-keeper. 6. Sending for records from record-roomOfficer presiding over Subordinate Courts held at the District Headquarters, if in any particular case they desire to see their original record, will be allowed to call for it, provided that it must not leave their Court room. 1. Due to addition of Rule 1(3) in Order 41 CPC.

CHAPTER 15
Ch. 15]

References to the High Court

References to the High Court under Order XLVI of the Civil Procedure Code, 1908, and Sections 99 and 100 of the Punjab Tendancy Act, 1817. 1. Reference under Section 113 and Order XLVI, Civil Procedure Code(a) A reference to the High Court by a District Judge or Judge of a Court of Small Causes, under the provisions of Section 113 and Order XLVI, Rule I of the Code of Civil Procedure, should be made only when the presiding Judge entertains a reasonable doubt on the point of law or usage having the force of law referred, and not merely on the importunity of pleaders. (b) A proviso has been added to Section 113 of the Code by the Codes of Civil Procedure and Criminal Procedure (Amendment) Act, 1951 (No. XXIV of 1951). Now where a Court finds that it is necessary for the disposal of a case to decide a question about the validity of any Act, Ordinance or Regulation and the Court is of the opinion that the Act, Ordinance of Regulation is invalid or inoperative but has not been so declared by the High Court of that State or the Supreme Court, the Court shall refer the matter in the manner laid down for the opinion of the High Court. 2. Reasonable doubt on a point of law explainedA subordinate Court cannot be supposed to entertain a reasonable doubt on a point of law if it has been decided clearly in a ruling of the High Court, unless some doubt has been thrown on the correctness of the same by a ruling of the Supreme Court. Nor has an Appellate Court, which has no jurisdiction to hear an appeal, any jurisdiction to make a reference. 3. Mode of referenceIn making a reference the presiding Judge should be careful to conform to the requirements of Order XLVI, Rule I, of the Code of Civil Procedure by: (i) drawing up a statement of the facts; (ii) stating the point on which doubt is entertained; and (iii) stating his opinion on such point. Each of the above statement should be precise and clear, or the High Court find itself compelled to return the reference for amendment under Order XLVI, Rule 5, of the Code of Civil Procedure.

Comments While making reference, court must submit its opinion along with record. Ganga Datt and others v. Mandir Naraya Deota, AIR 1953 HP 31.

4. Optional and compulsory referenceIt should be noted that references under Section 99 of the Punjab Tenancy Act, 1887, and under Order XLVI, Rule 6, of the Code of Civil Procedure are made at the discretion of the Court, as are also those under Order XLVI, Rule 7, when not required by a party to the suit. There is no such discretion in cases falling under Section 100 of the Punjab Tenancy Act, 1887, or Order XLVI, Rule 7, if required by a party. 5. References under Order XLVI, Rule 7It should also be noted that, by the terms of Order XLVI, Rule 7, a reference may be made only when it appears to the District Court that a Court subordinate to it has by reason of erroneously holding a suit to be cognizable by a Court of Small Causes, or not to be so cognizable, failed to exercise a jurisdiction vested in it by law, or exercised a jurisdiction not so vested; unless this condition is fulfilledthat is, unless the Court is itself of opinion that one of these errors has been committed,it has no power to refer; when that condition is fulfilled, the Court still has a discretion to make or refuse to make a reference unless it be required to make it by a party. In the latter case, the Court is bound to make a reference. 6. Channel for referenceReferences under Section 100 of the Punjab Tenancy Act, 1887, and under Order XLVI, Rule 6 of the Code of Civil Procedure, may be made to the High Court direct, but references under Section 99 of the Punjab Tenancy Act, 1887, must be made through the District Judge who should forward them without avoidable delay. 7. References by Sub-Judge as a Court of appealIf a Subordinate Judge sitting as a Court of appeal is of opinion that a reference ought to be made under Order XLVI, Rule 7, of the Code of Civil Procedure, he should submit the record of the case to the District Judge for orders with a statement of reasons. 8. Character of suit to be described in referenceIt is essential that the true character of the suit should be described with precision and accuracy in the heading of the reference. 9. Reference under Section 99, Tenancy ActWhen a subordinate Revenue Court has returned a plaint on the ground that the suit is one over which such Revenue Court has no jurisdiction, and the plaint is subsequently presented in any subordinate Civil Court, such Civil Court, if it considers that the suit is not in fact triable by a Civil Court, should not again return the plaint, but should refer the point at once under Section 99 of the Punjab Tenancy Act, XVI of 1887. 10. Parties should be heard before making referenceA reference by a Civil Court under Section 99 or Section 100 of the Punjab Tenancy Act, 1887, or under Order XLVI, Rule 6 or 7, of the Code of Civil Procedure shall not be made until the parties to the suit have had an opportunity of showing cause against such reference in the Court which proposes to make it.

11. Objections of parties to be placed of recordThe Court making a reference under any of the sections mentioned in the preceding paragraph shall in its order of reference, certify that such opportunity has been given, and shall place on record the objections, oral or written (if any), of any party against the making of such reference, and, when the reference is under Section 100 of the Punjab Tenancy Act, 1887, any objection of any party to the effect that he has been prejudiced by the alleged mistake as to jurisdiction. 12. Notice of references to partiesThe Court making the reference shall give notice, either orally or in writing, to such parties as attended or are represented in Court when the order of reference is made (i) that the attendance of the parties in the High Court at the hearing of the reference is not obligatory; (ii) that any party desirous of attending at such hearing must enter an appearance at the office of the Deputy Registrar of the Punjab High Court on or before a date to be specified in the notice. 13. Date fixed for appearance in High CourtThe date specified shall be such as to allow a reasonable time for the parties to appear in the High Court, and shall be a date not less than one month in advance of the date of making the reference. 14. Court shall satisfy that parties have been informedThe Court shall certify in its order (1) that the notice required by paragraph 12 has been duly given, orally or in writing as the case may be, and (2) the date specified in such notice. 15. Points to be noted in references under Sections 99-100 of the Tenancy ActEvery reference under Section 99 or Section 100 of the Punjab Tenancy Act, 1887, shall state the reasons for making the reference, and shall indicate the Revenue Court which, in the opinion of the Court making the reference has or had (as the case may be) jurisdiction under Section 77 of the Act over the suit in which the reference is made. The Revenue Court in which the referring officer thinks the decree should be registered, should be accurately described according to the nomenclature prescribed in Section 6 of the Punjab Land Revenue Act, 1887 [read with Section 75, 76 and 77, Clauses (1) and (2) of the Punjab Tenancy Act, 1887].
Comments While making reference under this rule court is not to submit its opinion on merits. Ganga Datt and others v. Mandir Narayan Deota, AIR 1953 HP 31.

16. Necessary records to be sent along with order of referenceThe Court making the reference shall forward, with its order, the record of the suit in which the reference is made and of all proceedings (if any) by way of execution or otherwise in such suit subsequent to the decree, and also the records of any other connected proceedings necessary for consideration of the reference in the High Court. 17. Application of these directions to Revenue CourtsThe above directions apply mutatis mutandis to Revenue Courts.

18. Reminder from High Court if no reply receivedWhenever it is found that a reference made to the High Court has not been replied to, or intimation of a date having been fixed given within two months of making such reference, the attention of the Registrar should be drawn to the fact.

CHAPTER 16
Ch. 16

Legal Practitioners
Part A]

Part A THE FILING OF POWERS OF ATTORNEY BY PLEADERS IN SUBORDINATE COURTS

1. Pleadings and acting by pleadersWhereas by Order III, Rule 4, of the Code of Civil Procedure, no Pleader shall act for any person in any Court unless he has been appointed by an instrument in writing nor shall any pleader, who has been engaged for the purpose of pleading only, plead on behalf of any person unless he has filed in Court a memorandum-of-appearance or unless he has been engaged by another pleader duly appointed and no such pleader can be recognised in the absence of a written authority or memorandum-of-appearance as aforesaid as empowered to plead or act for any person in any proceeding governed by the Code of Civil Procedure, and it is expedient to provide for ascertaining that every such pleader is duly authorised to appear, plead or act in any such proceedings before subordinate Courts, the following instructions have been issued by the High Court: (1) Power of attorney to act to be executed by the principalEvery appointment of a pleader to act shall contain in full the name of the person, or, where there are more than one, of every person who thereby appoints the pleader to act his behalf, and shall be executed by every such person. (2) Proof required when power of attorney not executed by the principalWhen such appointment or power is not executed by the principal himself, but by some person claiming to appoint or give authority on his behalf, the pleader will not be recognised by the Court without proof that such person was duly authorised by the principal to execute such appointment or power.
Comments It is provided in this rule that when power of attorney in favour of a lawyer is not executed by the principal himself but by some person claiming to appoint or give authority on his behalf, the lawyer will not be recognised by the Court without proof that such person was duly authorised by the principal to execute such power of attorney. In the absence of a resolution of the petitioner society to appoint the Advocate, the latter could not be recognised by the trial Court as a lawyer Competent to represent the society, (1983)85 PLR 232.

(3) Power of attorney or memorandum of appearance in cross- appealsIn cross-appeals a pleader who has already filed a power of attorney or memorandum-of-appearance for the appellant shall not be required to file another power-of-attorney or memorandum-of-appearance for his client as respondent in the cross appeal.

(4) Date of engagementThe power of attorney or memorandum of appearance shall be filed in Court by the Pleader shortly after his engagement, indicating the date of his engagement.
Part B]

Part B FEES OF COUNSEL

Rules made by the High Court under the powers conferred by Section 27 of the Legal Practioners Act, 1879, fixing and regulating the fees payable by any party in respect of the fees of adversarys Advocate, Pleader, Vakil or Attorney, upon proceedings in Civil Courts subordinate to the High Court.
Rules

[1. Suit for recovery of property, breach of contract or damagesIn suits for the recovery of money or of specific property or a share of specific property, whether immoveable or moveable, or for the breach of any contract or for damages:
1

(a) If the amount or value of property, debt or damages decreed shall not exceed Rs. 25,000/- at 10 per cent on the amount or value decreed. (b) If the amount of value shall exceed Rs. 25,000/- and not exceed Rs. 50,000/-, on Rs. 25,000/- at 10 per cent and on the remainder at 8 per cent. (c) If the amount or value shall exceed Rs. 50,000/- and not exceed Rs. one lakh, on Rs. 50,000/as above and on the remainder at 4 per cent. (d) If the amount or value shall exceed Rs. 1,00,000/- and not exceed Rs. 5,00,000/- on Rs. 1,00,000/- as above and on the remainder at 2 per cent. (e) If the amount or value shall exceed Rs. 5,00,000/- on Rs. 5,00,000/- as above and on the remainder at one per cent subject, however, that in no case the amount of fee shall exceed Rs. 20,000/-. 1A. In the case of. (i) Summary suits under Order XXXVII of the first Schedule to the Code of Civil Procedure, 1908, where the defendant does not appear or where leave to defend is refused or where a decree is passed on the defendant failing to comply with the conditions on which leave to defend was granted and appeals against decrees in suits. (ii) Suit, the claim in which is admitted but only time or instalment for payment is asked for. (iii) Suit which is got dismissed by a plaintiff for want of prosecution before settlement of issues or recording of any evidence, except evidence under Rule 2 of Order X of the Code of Civil Procedure.

(iv) Suit which is withdrawn before the settlement of issues or recording of any evidence except evidence under Rule 2 of Order X of the Code of Civil Procedure. (v) Suit in which judgment is given on admission under Rule 6 of Order XII in the First Schedule to the Code of Civil Procedure, 1908, before the settlement of issues or recording of any evidence except evidence under Rule 2 of Order X of the Code of Civil Procedure. (vi) Short causes, commercial causes and long causes in which no written statement is filed and appeals from decrees in such suits. (vii) Suits compromised before the settlement of issues or recording of evidence except evidence under Rule 2 of Order X of the Code of Civil Procedure. (viii) Any formal party to a suit or appeal, e.g., a trustee or estate holder who only appears to submit to the orders of the Court and asks for his costs. (ix) A suit or appeal which has abated. (x) A Plaint returned for presentation to the proper Court, the amount of Advocates fees to be allowed shall be fixed by the Court disposing of the matter and shall not exceed 1/2 of that payable according to the rate specified in sub-rule (l) above: Provided that in no case falling under this sub-rule the Advocates fee shall be less than Rs. 500/. IB. An advocate who has been employed by the heirs of a deceased party is not entitled to have fresh fees taxed.] [2. Others SuitsIn suits for injuries to the person or character of the plaintiff, such as for assault or defamation or for injuries to the property, or to enforce rights where the pecuniary value of such injury or right cannot be exactly defined, as in suits for the partition of joint property where partition is improperly resisted or any other suit of the kinds specified in the rules made by the High Court under Section 9 of the Suits Valuation Act, 1887 for the valuation of suits which do not admit of being satisfactorily valued, if the plaintiff succeeds, the Court may order the fee allowed to the plaintiff to be calculated with reference either to the amount decreed or according to the valuation of the suit according to such a sum as the Court shall think reasonable and shall fix with reference to the importance of the subject of dispute but the same shall not be less than Rs. 500/- and shall not exceed Rs. 5,000/-.
1

2A. In any miscellaneous proceedings including arbitration procee-dings, probate cases or cases under other statutory provisions or for any matter other than that of appearing, acting or pleading in a suit prior to decree, the fees shall not exceed: (i) Rs. 2,000/- in the Court of District Judge or of an officer exercising the powers of a Subordinate Judge of the 1st, 2nd, 3rd and 4th class or in a Court of small causes,

(ii) Rs. 100/- in the Court of an officer exercising the power of a Subordinate Judge in respect of cases of the value of which is below Rs. 1,000/-. 2B. In execution proceedings or in appeals in execution proceedings, the advocate fee to be allowed shall be one-fourth of the fee calculated at the rates specified in Rule (1) on the amount or value of the relief or money claimed in the application to execute the decree. Such fees shall be charged only on the first application and on any subsequent contested application.] 3. Fees allowed to defendantIf the suit be dismissed for default, or upon the merits, the fee allowed to the defendant shall be calculated according to Rules 1 and 2 on the value of the suit. 4. Fees in plaintiffs case only partially decreedIn the suit shall be decreed for the plaintiff as to part only of the claim, and as to the remainder shall be dismissed, the fee allowed to each party shall be fixed with reference to the value of that part of the claim in respect of which he shall succeed, and shall be calculated according to Rules 1 and 2. 5. Suits for damagesIf in any suit for damages the plaintiff shall succeed as to the whole of his cause of action, but shall fail to recover the full amount of damages claimed, the defendant shall not be entitled to any allowance in respect of the difference between the amount of damages claimed and the amount recovered, unless the Court shall be of opinion that the amount claimed for damages was unreasonable or excessive, and shall for that or any other-cause to be specified direct that a fee shall be allowed to the defendant. If specially allowed, the amount of such fee shall be fixed with reference to the amount of damages disallowed to the plaintiff, and shall be calculated according to Rule 1. 6. Several defendantsIf several defendants who have a joint or common interest succeed upon a joint defence or upon separate defence substantially the same, not more than one fee shall be allowed, unless the Court shall otherwise order for a reason which shall be recorded. If only one fee be allowed the Court shall so direct 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. 7. Several defendantsIf several defendants, who have separate interest set up separate distinct defences and succeed thereon, a fee for each of the defendants who shall appear by a separate counsel may be allowed, in respect of his separate interest. Such fee, allowed, shall be calculated with reference to the value of the separate interest of such defendant according to Rule 1. 8. Miscellaneous proceedingsIn any miscellaneous proceedings or for any matter other than that of appearing, acting or pleading in a suit prior to decree, the fee shall not exceed. (i) rupees two hundred and forty in the Court of a District Judge or of an officer exercising the powers of a Subordinate Judge of the 1st, 2nd, 3rd and 4th class or in a Court of Small Causes; and (ii) rupees forty-eight in the Court of an officer exercising the powers of a Subordinate Judge in respect of cases the value of which is below Rs. 1,000.

9. Undefended suitsIf a suit in any Court of original jurisdiction be undefended, the fee shall be calculated at one-half the sum at which it would have been charged had the suit been defended. 10. ReviewIf a review be rejected after summoning the opposite party, or if, after the admission of a review, the former judgment be upheld, the fee, if allowed to the successful party in the review, shall be fixed by the Court at an amount which shall not in any case exceed onehalf of the amount allowed by these rules in case of an original decree. 11. ReviewIf, after the admission of a review, the former judgment be revised, the fee in respect of the review, if allowed to the part who succeeds in the review, shall not exceed one-half of the amount allowed by these rules in case of an original decree. The fee allowed in respect of the review will be irrespective of any fee which may be included in any cost in respect of the original suit, which may be adjudged to the successful party by the judgment in review. [12. AppealsIn appeals the fee shall be half of the fee calculated on the same scale as in the original suits and the principles of the above rules as to original suits shall be applied, as nearly as may be.]
2

13. Several appellantsWhen the interest of several appellants is joint, not more than one fee shall be allowed, unless the Court shall otherwise order. If one fee only be allowed, the Court shall direct to which of the appellants it shall be paid, or shall apportion, it amount the several appellants in such proposition as it shall think fit. 14. Several respondentsIf several respondents in one appeal appear by separate pleaders, in determining whether separate fees shall be allowed, the Court shall be guided by the principles laid down in Rules 6 and 7. 15. Discretion of Court, Remand Appeal from decree passed on remand. Issue referred for trial to lower CourtIf in any instance, the payment of fees according to the proceeding rules shall not appear to the Court to be just and equitable, the Court may exercise its discretion in allowing such fee as may appear just and equitable, but in every case when a fee is allowed, the amount shall be calculated according to Rule 1, or according to Rule 8, as the case may be: Provided that, if the decree of a lower Court be reversed on appeal and the case be remanded to the lower Court to be tried upon the merits, the lower Court, on passing its decree, allow to the successful party such a sum as the Court shall consider to be reasonable, not exceeding half the amount calculated according to Rule 1, in respect of the rehearing, in addition to the full amount calculated according to that scale: Provided also that, if an appeal be preferred against the decree passed on remand the fee, if any, allow by the Appellate Court to the party succeeding in that appeal shall not, unless for a special reason to be recorded, be less than one-quarter, nor more than one-half, of the amount calculated at the rate mentioned in Rule 1, if by the decree of the Appellate Court reminding the case the same party shall have been allowed a full fee in respect of the former appeal in the suit, either absolutely or conditionally upon his succeeding upon the remained:

Provided also that, if an issue be framed and referred by the Appellate Court for trial by the lower Court, the Appellate Court may, if it thinks proper, allow to the party who shall succeed in the appeal such a sum as the Court shall consider reasonable, not exceeding half the amount calculated at the rate mentioned in Rule 1, in respect of the trial of the issue in the lower Court in addition to a full fee in respect of the appeal calculated at that rate. 16. Certificate as to fees to be filled by counsel in the Court of District JudgesNot withstanding anything contained in the rules and not withstanding any order of the Presiding Officer, no fee to any legal practitioner appearing in civil appeals, or original suits in the Court of District Judges shall except, as in these rules hereinafter provided, be allowed on taxation between party and party, or shall be included in any decree or order, unless the party claiming to have such fee allowed shall, before the final hearing, fill in the Court, a certificate signed by the legal practitioner certifying the amount of the fee or fees actually paid by or on behalf of his client to him or to any other legal practitioner in whose place he may have appeared.
Comments Certificate of fee by counsel has to be submitted before final hearing and not before commencement of arguments. Ishar Doss Malhotra v. Sh. Dhanwant Singh and others, AIR 1985 Delhi 83.

17. Certificate in the Court of Sub-JudgeNot withstanding anything contained in these rules and not withstanding any order of the Presiding Officer no fee to any legal practitioner appearing in original suits of which the jurisdictional value is over Rs. 5,000/- (five thousand), pending in the Courts of Subordinate Judges shall except as in these rules hereinafter provided, be allowed on taxation between party and party, or shall be included in any decree or order, unless the party claiming to have such fee allowed shall, before the commencement of the argument at the conclusion of the evidence, file in the Court a certificate signed by the legal practitioner certifying the amount of the fee or fees actually paid by or on behalf of his client to him or to any other legal practitioner in whose place he may have appeared. Provided that in all suits of the valuation of Rs. 25,000 or above the taxing officer will allow fees on taxation to a party, when at least two counsel have filed certificates of payment of fees on its behalf. 17-A. Exemption from filing certificate in certain casesNothing in Rules 16 and 17 shall require filing of a certificate by a District Attorney or other Law Officer who is paid a fixed monthly salary and not a separate fee for a particular case and who appears on behalf of or under the instructions of the State Government, or union of India in the suits, appeals and other matters in which the State Government or Union of India is a party or which are decided to be conducted at State expense. 18. Contents of certificateThe certificate mentioned in Rules 16 and 17 shall state: (a) the appeal or suit in respect of which such fee or fees was or were paid; (b) the date or dates when such fee was or were actually paid to the legal practitioner engaged in the case;

(c) the precise amount or amounts which was or were so paid; (d) that no portion of such fee or fees has been, or has been agreed to be, returned or remitted or appropriated to the use of any other person by the legal practitioner or by any one acting on his behalf or on behalf of any one who was associated with him in case; and (e) the name and address of the person who made such payment: Provided that when a higher fee that is allowed by the scale is allowed by special order of the Court, a certificate of the payment of the additional fee at any time may be accepted, if filed before taxation, in lieu of the certificate required by these rules. 19. Form of certificateThe certificate shall so far as possible, be in the following form: District Judge In the Court of Sub-Judge A.B. (Add description and residence).. (Plaintiff or appellant) Versus C.D. (Add description and residence).. (Defendant or respondent) For the purpose of having my fee allowed on taxation as against the party or parties, who may be liable for costs under the judgment or order or the Court, Iin accordance with Rule 18 of the rules regulating the fees of consul in the Court, hereby certify that in the above case the following fees were paid to me as my exclusive fee on the dates and by the person or persons specified below, and that such fees were paid to me
before the final hearing of the appeal before the commencement of the arguments at the conclusion of the evidence

and that no portion of such fees has been, or has been agreed to the returned or remitted or appropriated to the use of any other person by me or by any one acting on my behalf.
Matter Fee Date of By whom Address of person payment paid who actually made such payment

12345

Signature........................................... Date of Signature.............................. Notes:(i) In the certificates of the fees filed by legal practitioners engaged by Government in cases in which the Union of India or the State Government is a party, it is sufficient to certify that a fee has been fixed (not paid) by the Legal Remembrancer to Government, Punjab, or other appropriate authority. (ii) The provisions of Note (i) shall apply, mutatis mutandis, in cases in which legal practitioners are engaged by the Custodian of Evacuee Property either in his own behalf or on behalf of the evacuees.
Part C]

Part C FEES IN DECLARATORY SUITS, ETC.

1. To be calculated on the Valuation of SuitAs some diversity of practice appears to exist in regard to the fixing of counsels fees in declaratory suits, injunctions, etc., the Judges deem it necessary to point out that in such cases the value of the subject-matter of the suit must first be arrived at for purposes of jurisdiction in accordance with Chapter 3, Valuation of Suits Part A, and then counsels fee calculated according to the scale laid down in Part B of this Chapter. [2. To be calculated on the Valuation of SuitSeveral appeals have had to be admitted to a hearing by this Court solely on the ground that counsels fees, which should have been fixed by rule, had been fixed at the discretion of the District Judge, at a rate higher than that allowed by the rules. Although Rules 2 and 15 of Part B of this Chapter permit District Judges to exercise their discretion in allowing fees which appear just and equitable, it must be remembered that the fee to be allowed is to be calculated in accordance with scale laid down in Rule 1 of that part, and any fee not exceeding the sum so arrived at may be allowed. For instances:
3

(i) In a suit for an injunction the maximum fee which can be allowed Rs. 5,000/-. (ii) Deleted.

1. Substituted for Rule 1, vide Notification No. 233/DHL/Rules dated 29.7.1989. 1. Substituted for Rule 1, vide Notification No. 233/DHC/Rules dated 29.7.1989.

2. Substituted for Rule 12, vide Notification No. 233/DHC/Rules, dated 29.7.1989. 3. Rule 2 substituted vide Notification No. 223/DHC/Rules, dated 29.7.1989.

CHAPTER 18
Ch. 18

Subordinate Services Attached to Civil Courts (other than High Court)

Part A]

Part A CONTROL

Rules framed by the High Court under Section 35(3) of the Punjab Courts Act for subordinate Services attached to Civil Courts other than the High Court. I. Application. These rules shall apply to the following: (a) Ministerial and menial establishment of District and Sessions Judges, including establishment of Record Offices and Sessions Houses. (b) Ministerial and menial establishment of Sub-Judges stipendiary and honorary. (c) Ministerial and menial establishment of Courts of Small Causes. NoteThe term menial used in this rule and the other rules in this chapter includes all inferior Government servants other than process-servers, who have been classed as ministerial officers for the purpose of these rules. II. Classification(a) The following officers, together with such others as the High Court may from time to time direct, shall be considered as ministerial officers, forming a joint cadre: (1) Clerks of Court to Senior Subordinate Judges and Judges of Courts of Small Causes; (2) Readers; (3) Record Keepers; (4) English and Vernacular Clerks (Ahlmads and Muharrirs, paid Candidates and Leave Reserve Clerks); (5) Stenographers;

(6) Translators and Assistant Translators; (7) Copy Clerks, and Copyists, English and Vernacular; (8) District and Sessions Judges Nazirs; (9) Civil Nazirs, Naib-Nazirs and Madad Naib-Nazirs; (10) European and Execution Bailiffs; (11) Process-servers. Nos. (1) to (8) shall be classed as General Line; Nos. (9) to (11) shall be classed as Processserving Establishment. Posts of Clerks of Court to District and Sessions Judges shall be classed as selection posts and shall be on a provincial cadre. (b) There shall be a separate cadre for each Revenue District and a separate cadre for each Court of Small Causes: Proviso not applicable in Delhi because there is only one Revenue District. NoteThe term ministerial used in this rule is note intended to over-rule the definition of a ministerial Government servant given in Fundamental Rule 9(17). Bailiffs and process-servers will, therefore, continue to be regarded as non-ministerial and inferior Government servants, respectively, for the purpose of the rules relating to retirement, as contained in Fundamental Rule 56 for Bailiffs and Articles 481 to 485 of the Civil Service Regulations for Process-servers. Bailiffs and other officials appointed to posts in the Punjab on pay not exceeding Rs. 25 per mensem on or after the 19th November, 1904, will be treated as inferior Government servants and their retirement governed by Articles 481 to 485 of the Civil Service Regulations. III. Qualifications(1) No person shall be accepted as a candidate for the clerical ministerial staff if he is over 25 years of age, or if there is no prospect of his getting a permanent Government post, or a post of paid candidate, or a post of section copyist, before attaining the age of 26 years. (2) No person shall be appointed to, or accepted as a candidate for, any clerical ministerial post, unless he has passed the Matriculation Examination of the Punjab University or an equivalent examination: Provided that the member of the non-clerical ministerial staff, who joined service before November, 1929, may be appointed to a post of Madad Naid-Nazir, Naib-Nazir or Civil Nazir, if he has shown special ability, has a working knowledge of English and is also to examine and keep accounts.

Provided further that a non-matriculate, who joined service before 17th July, 1926, may, if he was actually accepted as a candidate for a clerical post, be appointed to any of the posts enumerated in Schedules I, II and III to this part, if it is certified by the District and Sessions Judge, that he is efficient and fit for such appointment. (3) Preference shall be given in the recruitment of new candidates to those who are competent stenographers, and such candidates should be freely employed as Court stenographers, while working as unpaid candidates. (4) No person shall be appointed as Process-server as Execution Bailiff unless he has passed the Lower Middle School examination which is equivalent to 6th Class Promotion Examination provided that the High Court may relax this rule in the case of ex-soldiers and provided further that Process-server who jointed service before 2nd June, 1934, may be appointed as Execution Bailiff if he is considered otherwise fit for promotion, although he may not have passed the lower Middle School Examination. (5) No person shall be appointed Civil Nazir who is not able to keep and examine accounts both in English and in Urdu. (6) No person who is sickly, old or incapable of much physical exertion, and has not a good knowledge both of Urdu and of the language current in the district of his employment shall be appointed as Execution Bailiff or Process-server. (7) For posts of menials the officers empowered to make appointment shall appoint the best man, provided that preference be given to ex-soldiers competent to do the duties required. (8) All appointments shall be subjected to a medical certificate of fitness. IV. First appointmentFirst appointment shall be made as follows: NoteThis delegation has been made to the Senior Sub-Judge, 1st Class, in each district in regard to the process-serving establishment of all Courts in the district except that of the District Judges Court and the Court of the Judge, Small Causes, Lahore, Amritsar and Delhi. V. Appointment(1) Appointment to ministerial posts shall ordinarily be made either by open competition or by selection from a list of qualified candidates or apprentices accepted by the District Judge, Judge of a Small Cause Court, or Sub-Judge to whom powers of appointment have been delegated, as the case may be. Any departure from either of these methods should be reported to the High Court for confirmation. (2) No person shall be admitted to work in any Court as an apprentice unless his name is entered on the register of candidates by the written order of the District and Sessions Judge, Senior Subordinate Judge or Judge, Small Cause Court, as the case may be, who shall in addition to the qualifications specified above satisfy himself by personal inspection that each candidate is otherwise qualified and suitable and has adequate means of subsistence. Each apprentice shall

have his place and duty distinctly assigned to him in the office and shall work under the supervision of a recognised superior clerk. (3) When appointment to a permanent post is made from candidates, preference must be given to the senior candidate unless, he has shown himself unfit, provided that when candidates possessing higher educational qualifications for a post, for which an examination standard is fixed, such as graduates, are available they should be given preference over less well qualified candidates. VI. In making promotions, preference may invariably be shown to officials who are known to be strictly honest. No promotion made in the case of an official who does not possess and maintain a reputation for strict integrity. Efficiency without honesty is not to be regarded as constituting a claim to promotion.
COMMENTS Rules under this Chapter were framed under Section 35 (3) of Punjab Courts Act, 1918. The Act was extended to Delhi vide Notification No. 189/38 dated 30-5-1939. Act included Rules as well framed under the Act. Section 35 was repealed by A. O. 1937. Rules framed under Section 35(3) (Rule VI of Chapter 18-A, Volume I) continued to be in operation by virtue of Art. 9 of the A. O. 1937. Suraj Bhan v. Rajinder Pal Singh Lamba, 2001 (91) DLT 702.

VII. SecurityAll officers having any dealings with public money or holding posts of particular trust shall on appointment give such security as the High Court may from time to time prescribe. VIII. Conditions of service(1) The establishment other than Process-servers mentioned in Rule II in each district shall consist of so many posts as the High Court may fix from time to time by an order under this rule. The number of posts and the rates of pay of such posts as they stood on 1st April, 1934, are as enumerated in Schedules I to III annexed to these rules. (2) The remuneration of Process-servers and the number of their appoints are governed by rules issued by the High Court under Section 20 and 22 of the Court-Fees Act, 1870. (3) Members shall be governed by the provisions of the Fundamental and the Subsidiary Rules and framed from time to time. IX. Punishment(1) The following penalties may for good and sufficient reasons be imposed upon members of the ministerial staff: (i) Censure, (ii) Fine of an amount not exceeding one months salary for misconduct or neglect in the performance of duties, (iii) Recovery from pay of the whole or part of any pecuniary loss caused to Government by negligence or breach of orders. (iv) Withholding of increments of promotion including stopping at an efficiency bar,

(v) Reduction to a lower post or time scale or to a lower stage in a time scale, (vi) Suspension, (vii) Removal, and (viii) Dismissal. (2) (a) Any of the above penalties may be inflicted by the District Judge, on the ministerial officers of his own Court or any Court subordinate to him other than a Court of Small Causes, and on the menials of his own Court. (b) The Judge of a Court of Small Causes may inflict any of the above penalties on the ministerial officers and menials of his own Court. (c) The District Judge may, with the previous sanction of the High Court, delegate to any Subordinate Judge the power to inflict penalties given in clause (a) to be exercised by the Subordinate Judge in any specified portion of the district subject to the control of the District Court. NoteThis delegation has been made to the Senior Sub-Judge, 1st Class, in each district in regard to the process-serving establishment of all Courts in the district except that of the District Judges Court and the Court of the Judge, Small Causes, Lahore, Amritsar and Delhi. (d) Any Subordinate Judge may fine, in an amount not exceeding one months salar y, and ministerial officers of his own Court for misconduct or neglect in the performance of his duties. (e) The Senior Subordinate Judge may inflict any of the above penalties on menials of his own Court or the Courts of other Subordinate Judges in the same district. X. Appeals(1) The District Judge may on appeal or otherwise reverse or modify any order made under Rule IX(2) by any Court under his control including a Court of Small Causes, and his order shall be final: Provided that nothing in this rule shall preclude the High Court from altering where it deems fit any such appellate order of a District Judge on petition by an aggrieved person or otherwise: Provided further that the District Judge shall not enhance any punishment but should, if he considers enhancement desirable, refer the case to the High Court for orders. (2) Appeals against penalties inflicted by a District Judge shall lie to the High Court in the following cases only: (a) Penalties mentioned in Rule IX(iii) to (viii) in respect of ministerial servants, holding permanent and pensionable posts;

(b) Orders of substantive appointment by promotion or otherwise to a permanent and pensionable post the maximum pay of which is Rs. 75 or more per mensem. (c) Orders of temporary appointment which is to last more than three months or has in fact lasted more than three months in respect of posts the maximum pay of which is Rs. 75 or more per mensem. (3) Persons appealing to the High Court under this rule shall do so by petition, such petition, accompanied by a copy of the order complained against, shall be presented to the District Judge who passed the order within one month of the date of such order (the period between the date of application for the copy and the date on which it is supplied being excluded. The District Judge will forward the petition to the Registrar of the High Court without unnecessary delay, and in forwarding the same he will be at liberty to record any remarks which he may wish to make concerning any matter stated in the petition. After reading the petition, the High Court may either: 1. summarily reject it without hearing the petitioner; 2. refer it to the District Judge for report and on receipt of such reject the petition without hearing the petitioner; or (c) hear the petitioner, and in cases where other persons are held to be concerned in the subject of the petition, such other person in open Court. Nothing in these rules debar order the High Court or a District Judge, from altering, if deemed fit, an order of punishment or appointment not provided for above which may be passed by a District Judge, Senior Subordinate Judge, or the Judge of a Small Cause Court in respect of ministerial or menial establishment when an aggrieved person petitions or otherwise. District and Sessions Judges should not, therefore, withhold any petition addressed to the High Court whether an appeal lies to it in the case or not under these rules. In a case in which no appeal lies the District and Sessions Judge should forward it without any comments and relevant documents unless he wishes to do so or is so required by the High Court. (4) Petitioners are forbidden to attend personally at the High Court unless summoned to do so. Orders on their petitions will be communicated to them through the District Judge concerned. (5) In order that a dismissed official may be able to exercise his right of appeal, the charge against him should be reduced to writing, his defence should either be taken in, or reduced to writing and the decision in such defence should also be in writing. The record of the charge, defence and decision should in all cases be such as to furnish sufficient information to the appellate authority to whom the dismissed official may prefer an appeal. (6) Establishment orders, in which an appeal lies to the High Court as a matter of right, should state briefly the claims of the persons appointed as well as those of their seniors, if any, who are considered unfit for the appointments in question, and where the order of seniority has not been followed the reasons for departure from it should be stated.

COMMENTS In deciding the appeal under Rule 10 the High Court exercises only a supervisory administrative control and does not act as a Tribunal disposing of an appeal involving a lis between the two rival parties and arriving at a judicial decision. Section 35(3) of Punjab Courts Act contains the rule making power. Section 35(4) stipulates that any order passed by the District Judge under this session shall be subject to the control of the High Court. The proceedings under this section and the decisions made thereunder are not judicial in nature. Dev Singh and others v. The Registrar, Punjab and Haryana High Court, AIR 1987 SC 1629.

XI. Appointment, transfers, etc., of Clerks of Courts(1) All orders in regard to the appointments, suspension or removal of Clerks of Court attached to District and Sessions Judges Offices should be reported to the High Court for confirmation. (2) A Clerk of Court to the District and Sessions Judge will not be regarded a fixture in a district, but will be liable to transfer under the orders of the High Court from one district to another within the same province. XII. General orders, regarding discipline, etc.Whenever any official (whether paid or unpaid) is personally interested in a case to be heard by the Court to which he is attached he must bring the fact to the notice of the presiding officer. XIII. Conduct(1) Members shall observe the Government Servants Conduct Rules and such other rules as may be framed by the Provincial Government from time to time. (2) No candidate (whether paid or unpaid) shall undertake any business, trade or other employment without obtaining the previous permission in writing of the District Judge.
Part B]

Part B CHARACTER ROLLS

With the previous sanction of the Punjab Government, the following instructions are issued for information and guidance: (1) A separate file of annual reports shall be maintained for every member of the superior service (as defined by Article 396, Civil Service Regulations) in the Judicial Department, for whom a separate character roll has hitherto been maintained, and also for all bailiffs and process servers. The formal character rolls maintained for these officials shall be filed on this file along with annual reports made each year. (2) The annual reports shall be submitted in Civil Form No. 278, as amended. (3) In the first week, of January every year, blank forms should be submitted to Subordinate Judges by the Superintendents to the District and Sessions Judges and the Clerks of Court to Senior Subordinate Judges, for General line and Process-serving establishment respectively, for them to record remarks on the work of the official serving under them. The personal files of any officials against whom adverse remarks have been made in the previous year should accompany these forms to enable the Subordinate Judges to state expressly what steps, if any, have been taken by the persons concerned to remedy the defects communicated to them previously. The

Subordinate Judges should after getting page 1 of the from completed by the officials and recording their remarks, transmit the forms in a closed cover to the District Judge or the Senior Subordinate Judge, according as the official concerned is a member of the General line or Process-serving establishment. A Subordinate Judge on leaving a district should, if he has not already furnished a report, obtain copies of the prescribed form the office of the Senior Subordinate Judge, record his remarks on the officials working under him, and transmit the forms to the District Judge or the Senior Subordinate Judge, as the case may be. (4) The District and Sessions Judge and Senior Subordinate Judge of each district should take steps to see that annual reports on the work of all officials in the district are received by them not later than the 15th January each year. After they have recorded their own remarks these reports should be kept confidentially in their offices. Adverse remarks, if any, made on the work of any official, should be communicated to him. In deciding all question affecting increments of pay and promotions, due regard should inveriably be paid to the entries made in the file of annual reports.
Part C]

Part C

Not relevant for Advocates of deals with the amount of security deposit to be taken from ministerial staff.

CHAPTER 19

Civil Districts
Chapter 19 is not applicable in Delhi because there is only one Civil District in Delhi.

CHAPTER 20

Judicial Powers
Part A: Part A of Chapter 20 is not applicable in Delhi. Part B: Part B of Chapter 20 Rules 1 to 6 containing Notifications of State of Punjab are not applicable in Delhi. (7) Judge, Small Cause Court, Delhi appointed Commissioner under Workmens Compensation ActNotification by the Chief Commissioner of Delhi No. F. 3(61)/50 R and J, dated the 2nd January, 1951In Supersession of his notification No. 3592-Industries dated the 25th June, 1924 and in exercise of the powers conferred by Section 20(1) of the Workmens Compensation Act, 1923, the Chief Commissioner of Delhi is pleased to appoint the Judge, Small Cause Court, Delhi to be a Commissioner for all the purposes of the Act within the Union Territory of Delhi. Rules 8 to 13 are not applicable in Delhi.

CHAPTER 21
Ch. 21]

Rules under Section 122 of CPC

Rules made by the High Court under Section 122 of the Code of Civil Procedure Annealing to or Adding the Rules in the First Schedule.

Rules 1 to 23 of Chapter 21 are not applicable in Delhi. 24. Order XVI, Rule 2(1) Expenses of witnesses to be paid into Court on applying for summonsThe party applying for a summons shall before the summons is granted and within a period to be fixed, pay into Court such a sum of money as appears to the Court to be sufficient to defray the travelling and other expenses of the person summoned in passing to and from the Court in which he is required to attend, and for one days attendance. (2) ExpertIn determining the amount payable under this rule, the Court may, in the case of person summoned to give evidence as an expert, allow reasonable remuneration for the time occupied both in giving evidence and in performing any work of an expert character necessary for the case. (3) Scale of expensesWhere the Court is subordinate to a High Court, regard shall be had, in fixing the scale of such expenses, to any rules made in that behalf. (4) Expenses to be directly paid to witnessesWhere the summons is served directly by the party on a witness, the expenses referred to in sub-rule (1) shall be paid to the witness by the party or his agent. (Added by Act 104 of 1976). 25. Order XVI, Rule 3Tender of expenses to witnessThe sum paid into Court shall be tendered to the person summoned at the time of serving the summons if it can be served personally. 26. Order XVI, Rule 4Procedure where insufficient sum paid in(1) Where it appears to the Court or to such officer as it appoints in this behalf that the sum paid into Court is not sufficient to cover such expenses or reasonable remuneration, the Court may direct such further sum to be paid to the person summoned as appears to be necessary on that account, and in case of default in payment, may order such sum to be levied by attachment and sale of the movable property of the party obtaining the summons; or the Court may discharge the person summoned without

requiring him to give evidence; or may both order such levy and discharge such person as aforesaid. 27. Order XVI, Rule 16When they may depart(1) A person so summoned and attending shall, unless the Court otherwise directs, attend at each hearing until the suit has been disposed of. (2) On the application of either party and the payment through the Court of all necessary expenses (if any), the Court may require any person so summoned and attending to furnish security to attend at the next or any other hearing or until the suit is disposed of, and in default of his furnishing such security, may order him to be detained in the civil person. (High Court Notifications No. 209-R/XI-Y-11, dated the 25th July, 1938, and No. 24-R/XI-Y-11, dated the 23rd January, 1940). 28. Order XVI, Rule 19No one shall be ordered to attend in person to give evidence unless he resides (a) Within the local limits of the Courts ordinary original jurisdiction, or (b) Without such limits but at a place less than fifty or (where there is railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where the Court is situate) less than two hundred miles distance from the Court-house. Provided that any Court situate in the State of Punjab may require the personal attendance of any witness residing in the Punjab or Delhi State. (High Court Notification No. 60-Genl./XI-Y-8, dated the 4th March, 1955). 29. Order XVII, Rule 1(1) Subject to the provisions of Order XXIII, Rule 3, the Court may, if sufficient cause is shown at any stage of the suit, grant time to the parties or to any of them, and may from time to time adjourn the hearing of the suit. (2) In every such case, the Court shall fix a day for the further hearing of the suit, and may make such order as it thinks fit with respect to the costs occasioned by the adjournment: Provided that, when the hearing of evidence has once begun, the hearing of the suit shall be continued from day to day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the hearing beyond the following day to be necessary for reasons to be recorded. (3) Where sufficient cause is not shown for the grant an adjournment under sub-rule (1), the Court shall proceed with the suit forthwith.

(High Court Notifications No. 95-G, dated 20th February 1925, and No. 211-R/XI-Y-24, dated the 21st July, 1937). [Order XVII, Rule 1 (A)On the occurrence of an unanticipated holiday or in the event of the Presiding Officer of a Court being absent owing to sudden illness or other unexpected cause, all cases fixed for the day in Question shall be deemed to have been automatically adjourned to next working day when the Presiding Officer is present and it shall be the duty of the parties or their counsel to attend Court on that day.
1

ExplanationNothing in this rule shall apply where another Presiding Officer has been assigned the work of the Court for the said day.] (High Court Notification No. 60/Rules/DHC dated 21-41998) 30. Order XVIII, Rule 2(1) On the day fixed for the hearing of the suit or on any other day to which the hearing is adjourned, the party having the right to begin shall his case and produce his evidence in support of the issues which he is bound to prove. (2) The other party shall then state his case and produce his evidence (if any), and may then address the Court generally on the whole case. (3) The party beginning may then reply generally on the whole case. Explanation INothing in this rule shall affect the jurisdiction of the Court, of its own accord on the application of any party, for reasons to be recorded in writing, to direct any party to examine any witness at any stage. Explanation IIThe expression witness in Explanation I shall include any party as his own witness. (High Court Notification No. 175-R/XI-Y-13, dated the 9th June, 1942). 31. Order XX, Rule 6(1) The decree shall agree with the Judgment; it shall contain the number, of the suit, the names and descriptions of the parties and particular of the claim, and shall specify clearly the relief granted or other determination of the suit. (1-A) In addition to the particulars mentioned in clause (1), the decree shall contain the addresses of the plaintiff and the defendant as given in Order VII, Rule 19, and Order VIII, Rule 11, or as subsequently altered under Order VII, Rule 24, and Order VII, Rule 12, respectively. (2) The decree shall also state the amount of costs incurred in the suit, and by whom or out of what property and in what proportions such costs are to be paid. (3) The Court may direct that the costs payable to one party by the other shall be set off against any sum which is admitted or found to be due from the former to the latter. (High Court Notification No. 22-R/XI-Y-23, dated 10th February, 1937).

32. Order XXI, Rule 1Modes of paying money under a decree, (1) All money payable under a decree shall be paid as follows, namely : (a) Into the Court whose duty it is to execute the decree; or (b) Out of Court to the decree-holder; or (c) Otherwise as the Court which made the decree directs. ExplanationThe Judgment-debtor may, if he so desires, pay the decretal amount, or any part thereof, into the Court under clauses (a) by postal money order on a form specially approved by the High Court for the purpose. (2) Where any payment is made under clause (a) of sub-rule (1), notice of such payments shall be given to the decree-holder. 33. Order XXI, Rule 5Where the Court to which a decree is to be sent for execution is situate within the same district as the Court which passed such decree, such Court shall send the same directly to the former Court. But where the Court to which the decree is to be sent for execution is situate in a different district, the Court which passed it shall send it to the District Court or the Court of any Judge having jurisdiction in the place where the decree is to be executed to whom power to receive plaints has been delegated by the District Judge of the district in which the decree is to be executed. (High Court Notification No. 193-Gaz./XI-Y-14, dated the 11th July, 1933 and No. 72-R/XI-Y-14 dated the 23rd March, 1938). 34. Order XXI, Rule 10Where the holder of a decree desires to execute it he shall apply to the Court which passed the decree or to the officer (if any), appointed in this behalf, or if the decree has been sent under the provisions hereinbefore contained to another Court then to such Court or to the proper officer thereof: Provided that if the judgment-debtor has left the jurisdiction of the Court which passed the decree, or of the Court to which the decree has been sent, the holder of the decree may apply to the Court within whose jurisdiction the judgment-debtor, is or to the officer appointed in this behalf, to order immediate execution on the production of the decree and of an affidavit of nonsatisfaction by the holder of the decree pending the receipt of an order of transfer under Section 39. (High Court Notification No. 125-Gaz./XI-Y-14, dated the 7th April, 1932). 35. Order XXI, Rule 16Where a decree or, if a decree has been passed jointly in favour of two or more persons, the interest of any decree-holder in the decree is transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to the Court which passed it; and the decree may be executed in the same manner and subject to the same conditions as if the application were made by such decree-holder.

Provided that, where the decree, or such interest as aforesaid, has been transferred by assignment, notice of such application shall be given to the transferor, and the judgment debtor, and the decree shall not be executed until the Court has heard their objections (if any) to its execution. (High Court Notification No. 26-R/XI-Y-14, dated the 24th January 1940). Provided also that, where a decree for the payment of money against two or more persons has been transferred to one of them, it shall be executed against the others. (High Court Notification No. 125-Gaz./XI-Y-14, dated the 7th April, 1932). 36. Order XXI, Rule 17Procedure on receiving application for execution of decree (1) On receiving an application for the execution of a decree as provided by Rule 11, sub-rule (2), the Court shall ascertain whether such of the requirements of Rules 11 to 14 as may be applicable to the case have been complied with ; and, if they have not been complied with, the Court shall fix a time within which the defect shall be remedied, and if it is not remedied within such time, may reject the application. (2) Where an application is amended under the provisions of sub-rule (1), it shall be deemed to have been an application in accordance with law and presented on the date when it was first presented. (3) Every amendment made under this rule shall be signed or initialed by the Judge. (4) When the application is admitted, the Court shall enter in the proper register a note of the application and the date on which it was made, and shall, subject to the provisions hereinafter contained, order execution of the decree according to the nature of the application: Provided that, in the case of a decree for payment of money, the value of the property attached shall, as nearly as may be, correspond with the amount due under the decree. (High Court Notification No. 125-Gaz./XI-Y-14, dated the 7th April, 1932). 37. Order XXI, Rule 22Notice to show cause against execution in certain cases (1) Where an application for execution is made (a) More than two years after the date of the decree, or (b) Against the legal representative of a party to the decree, the Court executing the decree shall issue a notice to the person against whom execution is applied for requiring him to show cause, on a date to be fixed, why the decree should not be executed against him.

Provided that no such notice shall necessary in consequence of more than two years having elapsed between the date of the decree and the application for execution if the application is made within two years from the date of the last order against the party against whom execution is applied for, made on any previous application for execution, or in consequence of the application being made against the legal representative of the judgment-debtor, if upon a previous application for execution against the same person the Court has ordered execution to issue against him. (2) Nothing in the foregoing sub-rule shall be deemed to preclude the Court from issuing may process in execution of a decree without issuing the notice thereby prescribed, if, for reasons to be recorded, it considers that the issue of such notice would cause unreasonable delay or would defeat the ends of justice. Failure to record such reasons shall be considered an irregularity not amounting to a defect in jurisdiction. (High Court Notification No. 125-Gaz./XI-Y-14, dated the 7th April 1932). 38. Order XXI, Rule 26(1) The Court to which a decree has been sent for execution shall upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable the judgment-debtor to apply to the Court by which the degree was passed, or to any Court having appellate jurisdiction in respect of the decree or the execution thereof, for an order to stay execution, or for any other order relating to the decree or execution which might have been made by such Court of first instance or appellate Court if execution had been issued thereby, or if application for execution had been made thereto. (2) Where the property or person of the Judgment-debtor has been seized under an execution the Court which issued the execution may order the restitution of such property or the discharge of such person pending the result of the application. (3) Before making an order to stay execution or for the restitution of property or the discharge of the judgment-debtor, the Court shall, unless sufficient cause is shown to the contrary, require such security from, or impose such conditions upon, the judgment-debtor as it thinks fit. (High Court Notification No. 125-Gaz./XI-Y-14, dated the 7th April 1932). 39. Order XXI, Rule 29AWhich was added by Chief Court Notification No. 2212-G, dated the 12th May, 1909, has been omitted by High Court Notification No. 563-G; dated 24th November, 1927. 40. Order XXI, Rule 31(1) Where the decree is for any specific movable, or for any share in a specific movable, it may be executed by the seizure, if practicable, of the movable or share, and by the delivery thereof to the party to whom it has been adjudged, or to such person as he appoints to receive delivery on his behalf, or by the detention in the civil prison of the judgmentdebtor, or by the attachment of his property, or by both. (2) Where any attachment under sub-rule (1) has remained in force for three months, if the judgment-debtor has not obeyed the decree and the decree-holder has applied to have the

attached property sold, such property may be sold, and out of the proceeds the Court may award to the decree-holder, in case where any amount has been fixed by the decree to be paid as an alternative to delivery of movable property, such amount, and, in other cases, such compensation as it thinks fit, and shall pay the balance (if any) to the judgment-debtor on his application: Provided that the Court may in any special case, according to the special circumstances thereof, extend the period beyond three months; but it shall in no case exceed six months in all. (3) Where the judgment-debtor has obeyed the decree and paid all costs of executing the same which he is bound to pay, or where, at the end of three months or such other period as may have been prescribed by the Court from the date of the attachment, no application to have the property sold has been made, or, if made, has been refused, the attachment shall cease. (High Court Notification No. 125-Gaz./XI-Y-14, dated the 7th April 1932). 41. Order XXI, Rule 32Decree for specific performance, for restitution of conjugal rights, or for an injunction. (1) Where the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights, or for an injunction, has been passed, has had an opportunity of obeying the decree and has wilfully failed to obey it, the decree may be enforced in the case of a decree for restitution of conjugal rights by the attachment of his property, or, in the case of a decree for the specific performance of a contract or for an injunction by his detention in the civil person, or by the attachment of his property, or by both. (2) Where the party against whom a decree for specific performance or for an injunction has been passed is a corporation, the decree may be enforced by the attachment of the property of the corporation or, with the leave of the Court, by the detention in the Civil prison of the directors thereof, or other principal officers thereof, or by both attachment and detention. (3) Where any attachment under sub-rule (1) or sub-rule (2) has remained in force for three months, if the judgment-debtor has not obeyed the decree and the decree-holder has applied to have the attached property sold, such property may be sold; and out of the proceeds the Court may award to the decree holder such compensation as it thinks fit, and shall pay the balance (if any) to the judgment-debtor on his application: Provided that the Court may for sufficient reasons, on the application of the judgment-debtor, extend the period beyond three months; but it shall in no case exceed one year in all. (4) Where the judgment-debtor has obeyed the decree and paid all costs of executing the same which he is bound to pay, or where, at the end of three months or such other period as may have been prescribed by the Court from the date of the attachment, no application to have the property sold has been made, or if made has been refused, the attachment shall cease. (5) Where a decree for the specific performance of a contract or for an injunction has not been obeyed, the Court may, in lieu of or in addition to all or any of the processes aforesaid, direct that the act required to be done so far as practicable by the decree-holder or some other person appointed by the Court, at the cost of the debtor, and upon the act being done the expenses

incurred may be ascertained in such manner as the Court may direct and may be recovered as if they were included in the decree.
Illustration

A, a person of little substance, effects a building which renders uninhabitable a family mansion belonging to B. A, in spite of his detention in prison and the attachment of his property, declines to obey a decree obtained against him by B and directing him to remove the building. The Court is of opinion that no sum realizable by the sale of As property would adequately compensate B for the depreciation in the value of his mansion. B may apply to the Court to remove the building and may recover the cost of such removal, from A in the execution proceedings. (High Court Notification No. 125-Gaz./XI-Y-14, dated the 7th April 1932). 42. Order XXI, Rule 39(1) No judgment-debtor shall be arrested in execution of a decree unless and until the decree-holder pays into Court such sum as the Judge thinks sufficient for the subsistence of the judgment-debtor from the time of his arrest until he can be brought before the Court. (2) Where a judgment-debtor is committed to the Civil prison in execution of a decree, the Court shall fix for his subsistence such monthly allowance as he may be entitled to according to the scales fixed under Section 57, or, where no such scales have been fixed, as it considers sufficient with reference to the class to which he belongs. (3) The monthly allowance fixed by the Court shall be supplied by the party on whose application the judgment-debtor has been arrested by monthly payments in advance before the first day of each month. (4) The first payment shall be made to the proper officer of the Court for such portion of the current month as remains unexpired before the judgment-debtor is committed to the civil prison, and the subsequent payments (if any), shall be made to the officer in charge of the civil prison. (5) Sums disbursed by the decree-holder for the subsistence of the judgment-debtor shall be deemed to be costs in the suit: Provided that the judgment-debtor shall not be detained in the civil prison or arrested on account of any sum so disbursed. (High Court Notification N. 125-Gaz./XI-Y-I4, dated the 7th April 1932). 43. Order XXI, Rule 43(1) Where the property to be attached is movable property other than agricultural produce, in the possession of the judgment-debtor, the attachment shall be made by actual seizure, and the attaching officer shall keep the property in his own custody or in the custody of one of his subordinates, and shall be responsible for the due custody thereof:

Provided that, when the property seized is subject to speedy and natural decay or when the expense of keeping it in Custody is likely to exceed its value, the attaching officer may sell it at once; and Provided also that when the property attached consists of live-stock, agricultural implements or other articles which cannot conveniently be removed, and the attaching officer does not act under the first proviso to this rule, he may, at the instance of the judgment-debtor, or of the decreeholder or of any person claiming to be interested in such property, leave it in the village or place where it has been attached (a) in the charge of the person at whose instance the property is retained in such village or place, if such person enters into a bond in the Form No. 15-A of Appendix E to this Schedule, with one or more sufficient sureties for the production when called for, or (b) in the charge of an officer of the Court, if a suitable place for its safe custody be provided, and the remuneration of the officer for a period of 15 days at such rate as may from time to time be fixed by the High Court, be paid in advance, or (c) in the charge of a village lambardar or such other respectable person as will undertake to keep such property, subject to the orders of the Court, if such person enters into a bond in Form No. 15-B of Appendix E with one or more sureties for its production. (2) Whenever an attachment made under the provisions of this rule ceases for any of the reasons specified in Rules 55, 57 or 60 of this Order, the Court may order the restitution of the attached property to the person in whose possession it was before attachment. (3) When property is made over to a custodian under sub-clauses (a) or (c) of clause (1), the schedule of property annexed to the bond shall be drawn up by the attaching officer in triplicate, and dated and signed by (a) The custodian and his sureties; (b) The officer of the Court who made the attachment; (c) The person whose property is attached and made over; and (d) Two respectable witnesses. One copy will be transmitted to the Court by the attaching officer and placed on the record of the proceedings under which the attachment has been ordered, one copy will be made over to the person whose property is attached and one copy will be made over to the custodian. 44. Order XXI, Rule 43A(1) Whenever attached property is kept in the village or place where it is attached, the attaching officer shall forthwith report the fact to the Court, and shall, with his report, forward a list of the property seized.

(2) If attached property is not sold under the first proviso to Rule 43, or retained in the village or place where it is attached under the second proviso to that rule, it shall be brought to the Courthouse and delivered to the proper officer of the Court. (3) A custodian appointed under the second proviso to Rule 43 may at any time terminate his responsibilities by giving notice to the Court of his desire to be relieved of his trust and delivering to the power officer of the Court the property made over to him. (4) When any property is taken back from a custodian, he shall be granted a receipt for the same. 45. Order XXI, Rule 43BWhenever attached property kept in the village or place where it is attached is live-stock, the person at whose instance it is retained shall provide for its maintenance, and, if he fails to do so, and if it is in charge of an officer of the Court, it shall be removed to the Court house. Nothing in this rule shall prevent the judgment-debtor, or any person claiming to be interested in such stock, from making such arrangements for feeding the same as may not be inconsistent with its safe custody. (2) The Court may direct that any sums which have been expended by the attaching officer or are payable to him, if not duly deposited or paid, be recovered from the proceeds of property, if sold or be paid by the person declared entitled to delivery before he receives the same. The Court may also order that any sums deposited or paid under these rules be recovered as costs of the attachment from any party to the proceedings. 46. [Not applicable] 47. [Not applicable] 48. [Not applicable] 49. [Not applicable] 50. Order XXI, Rule 45(1) Where agricultural produce is attached the Court shall make such arrangements for the custody, thereof as it may deem sufficient and, for the purpose of enabling the Court to make such arrangements, every application, for the attachment of a growing crop shall specify the time at which it is likely to be fit to be cut or gathered and with every such application such charges as may be necessary for the custody of the crop up to the time at which it is likely to be fit to be cut or gathered shall be paid to the Court. (2) Subject to such condition as may be imposed by the Court in this behalf either in the order of attachment or in any subsequent order, the judgment-debtor may tend, cut, gather and store the produce and any other act necessary for maturing or preserving it; and if the judgment-debtor fails to do all or any of such acts, the decree-holder, may with the permission of the Court and subject to the like conditions, do all or any of them either by himself or by any person appointed

by him in this behalf, and the costs incurred by the decree-holder shall recoverable be from the judgment-debtor as if they were included in, or formed part of, the decree. (3) Agricultural produce attached as a growing crop shall not be deemed to have ceased to be under attachment or to require reattachment merely, because it has been served from the soil. (4) Where an order for the attachment of a growing crop has been made at a considerable time before the crop is likely to be fit to be cut or gathered, the Court may suspend the execution of the order for such time as it thinks fit, and may, in its discretion make a further order prohibiting the removal of the crop pending the execution of the order of attachment. (5) A growing crop which from its nature does not admit of being stored shall not be attached under this rule at any time less than twenty days before the time at which it is likely to be cut or gathered. (High Court Notification No. 125-Gaz../Xl-Y-14, dated the 7th April 1932). 51. Order XXI, Rule 53(1) Where the property to be attached is a decree, either for the payment of money or for sale in enforcement of a mortgage, or charge, the attachment shall be made (a) if the decrees were passed by the same Court, then by order of such Court, and (b) if the decree sought to be attached was passed by another Court, then by the issue to such other Court and to the Court to which it has been transferred for execution of a notice by the Court which passed the decree sought to be executed, requesting such other Court to say the execution of its decree unless and until: (i) The Court which passed the decree sought to be executed cancels the notices, or (ii) The holder of the decree sought to be executed or with the consent of the said decree-holder expressed in writing or with the permission of the attaching Court, his judgment-debtor applies to the Court receiving such notice to execute the attached decree. (2) Where a Court makes an order under clause (a) of sub-rule (1), or receives an application under sub-head (i) of clause (b) of the said sub-rule, it shall, on the application of the creditor who has attached the decree or his judgment-debtor, proceed to execute the attached decree and apply the net proceeds to execute the attached decree and apply the net proceeds in satisfaction of the decree sought to be executed. (3) The holder of a decree sought to be executed by the attachment of another decree of the nature specified in sub-rule (1) shall be deemed to be the representative of the holder of the attached decree and to be entitled to execute such attached decree in any manner lawful for the holder thereof.

(4) Where the property to be attached in the execution of a decree is a decree other than a decree of the nature referred to in sub-rule (1), the attachment shall be made, by a notice by the Court which passed the decree sought to be executed, to the holder of the decree sought to be attached, prohibiting him from transferring or charging the same in any way; and, where such decree has been passed by any other Court, also by sending to such other Court a notice to abstain from executing the decree sought to be attached until such notice is cancelled by the Court from which it was sent. (5) The holder of a decree attached under this rule shall give the Court executing the decree such information and aid as may reasonably be required. (6) On the application of the holder of a decree sought to be executed by the attachment of another decree, the Court making an order of attachment under this rule shall give notice of such order to the judgment-debtor bound by the decree attached; and no payment or adjustment of the attached decree made by the judgment-debtor in contravention of such order with the acknowledge thereof, either through the Court or otherwise, shall be recognised by any Court, so long as the attachment remains in force. (High Court Notification No. 125-Gaz./XI-Y-14, dated the 7th April 1932 and High Court Notification No. 225-R/XI-Y-14, dated the 5th August, 1937). 52. Order XXI, Rule 54(1) Where the property is immoveable, the attachment shall be made by an order prohibiting the judgment-debtor from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge. (2) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and then upon a conspicuous part of the Court-house, and also where the property is land paying revenue to the Government, in the office of the Collector of the district in which the land is situate: where the property is land situated in a Cantonment, copies of the order shall also be forwarded to the Cantonment Board and to the Military Estate Officer in whose area that Cantonment is situated. (3) The order shall take effect as against persons claiming under a gratuitous transfer from the judgment-debtor, from the date of the order of attachment, and as against other from the time they had knowledge of the passing of the order of attachment or from the date of the proclamation, whichever is earlier. {High Court Notification No. 125-Gaz./XI-Y-14, dated the 7th April, 1932. No. 109-R/XI-Y-14, dated the 21st April, 1939, and No. 273-R/XI-Y-14, dated the 30th July, 1941). 53. Order XXI, Rule 58(1) Where any claim is preferred to, or any objection is made to the attachment of, any property attached in execution of a decree on the ground that such property is not liable to such attachment, the Court shall proceed to investigate the claim or objection with the like power as regards the examination of the claimant or objector, and in all other respects, as if he was a party to the suit:

Provided that no such investigation shall be made where the Court considers that the claim or objection was designedly or unnecessarily delayed and that if an objection is not made within a reasonable time of the first attachment the objector shall have no further right to object to the attachment and sale of the same property in execution of the same decree, unless he can prove a title acquired subsequent to the date of the first attachment. (2) Where the property to which the claim or objection applies has been advertised for sale, the Court ordering the sale may postpone it pending the investigation of the claim or objection. (High Court Notification No. 125-Gaz./XI-Y-14, dated the 7th April, 1932). 54. Order XXI, Rule 66(1) Where any property is ordered to be sold by public auction in execution of a decree, the Court shall cause a proclamation of the intended sale to be made in the language of such Court. (2) Such proclamation shall be drawn up after notice to the decree holder and the judgmentdebtor and shall state the time and place of sale and specify as fairly and accurately as possible (a) The property to be sold ; (b) The revenue assessed upon the estate or part of the estate where the property to be sold is an interest in an estate or in part of an estate paying revenue to the Government; (c) Any incumbrance to which the property is liable; (d) The amount for the recovery of which the sale is ordered; and (e) Every other thing which the Court considers material for a purchaser to know in order to judge of the nature and value of the property provided that it shall not be necessary for the Court itself to give its own estimate of the value of the property; but the proclamation shall include the estimate, if any, given by either or both the parties. (3) Where the property to be sold is movable property which has been made over to a custodian under sub-clause (a) or (c) of clause (1) of Rule 43 of this Order, the Court shall also issue a process by way of notice to the custodian, directing him to produce the property at the place of sale at a time to be specified therein, with a warning that if he fails to comply with the directions, he shall be liable to action under Section 145 of the Code of Civil Procedure. (4) Every application for an order for sale under this rule shall be accompanied by a statement signed and verified in the manner herein before prescribed for the signing and verification of pleading 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) to be specified in the proclamation. (5) For the purpose of ascertaining the matters to be specified in the proclamation, the Court may summon any person whom it thinks necessary to summon and may examine him in respect to

any such matters and require him to produce any document in his possession of power relating thereto. (High Court Notification No. 567-Gaz., dated the 4th November, 1929, and No. 150-R/XI-Y-14, dated the 16th May, 1939). 55. Order XXI, Rule 68Save in the case of property of the kind described in the proviso to Rule 43, no sale hereunder shall, without the consent in writing of the judgment-debtor, take place until after the expiration of at least fifteen days in the case of immovable property, and of at least one week in the case of movable property, calculated from the date on which the copy of the proclamation has been affixed on the Court-house of the Judge ordering the sale. (High Court Notification No. 125-Gaz./XI-Y-14, dated the 7th April, 1932). 56. Order XXI, Rule 69(1) The Court may in its discretion, adjourn any sale hereunder to a specified day and hour, and the officer conducting any such sale may in his discretion adjourn the sale, recording his reasons for such adjournment: Provided that, where the sale is made in, or within the precincts of the Court-house, no such adjournment shall be made without the leave of the Court. (2) Where a sale is adjourned under sub-rule (1) for a long period than thirty days, a fresh proclamation under Rule 67 shall be made, unless the judgment-debtor consents to wave it. (3) Every sale shall be stopped if, before the lot is knocked down, the debt and costs (including the costs of the sale) are tendered to the officer conducting the sale, or proof is given to his satisfaction that the amount of such debt and costs has been paid into the Court which ordered the sale. (High Court Notification No. 125-Gaz./XI-Y-14, dated the 7th April, 1932). 57. Order XXI, Rule 75(1) Where the property to be sold is a growing crop and the crop from its nature admits of being stored, but has not yet been stored, the day of the sale shall be so fixed as to admit of its being made ready for storing before the arrival of such day, and the sale shall not be held until the crop has been cut or gathered and is ready for storing. (2) Where the crop from its nature does not admit of being stored or can be sold to great advantage in an unripe state, it may be sold before it is cut and gathered, and the purchaser shall be entitled to enter on the land, and to do all that is necessary for the purpose of tending and cutting or gathering it. (High Court Notification No. 123-R/XI-Y-14, dated the 28th April, 1938). 58. Order XXI, Rule 89(1) Where immovable property has been sold in execution of a decree, any person claiming any interest in the property sold at the time of the sale or at the time

of making the application under this rule or acting for or in the interest of such a person may apply to have the sale set aside on his depositing in Court: (a) For payment to the purchaser, a sum equal to five per cent of the purchase-money, and (b) For payment to the decree-holder, the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered, less any amount which may, since the date of such proclamation of sale, have been received by the decree-holder. (2) Where a person applies under Rule 90 to set aside the sale of his immovable property, he shall not unless he withdraws his application, be entitled to make or prosecute an application under this rule. (3) Nothing in this rule shall relieve the judgment-debtor from any liability he may be under in respect of costs and interest not covered by the proclamation of sale. (High Court Notification No. 125-Gaz./XI-Y-14, dated the 7th April, 1932). 59. Order XXI, Rule 90(1) Where any immovable property has been sold in execution of a decree, the decree holder, or any person entitled to share in a ratable distribution of assets, or whose interests are affected by the sale, may apply to the Court to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting it: Provided that no sale shall be set aside on the ground of irregularity or fraud unless upon the facts proved, the Court is certified that the applicant has sustained substantial injury by reason of such irregularity or fraud: Provided further that no such sale be set aside on any ground which the applicant could have put forward before the sale was conducted. (High Court Notification No. 125-Gaz./XI-Y-14, dated the 7th April, 1932). 60. Order XXI, Rule 98Where the Court is satisfied that the resistance or obstruction was occasioned without any just cause by the judgment-debtor or by some other person at his instigation, or on his behalf it shall direct that the applicant be put into possession on the property, and where the applicant is still resisted or obstructed in obtaining possession, the Court may also, at the instance of the applicant, order the judgment-debtor, or any person acting at his instigation or on his behalf, to be detained in the civil prison for a term which may extend to thirty days. Such detention shall be at the public expense and the person at whose instance the detection is ordered shall not be required to pay subsistence allowance. (High Court Notification No. 125-Gaz./XI-Y-14, dated the 7th April, 1932). 61. Order XXI, Rule 104For the purpose of all proceedings under this order, service on any party shall be deemed to be sufficient if effected at the address for service referred to in Order

XIII, Rule 11, subject to the provisions of Order VII, Rule 24, provided that this rule shall not apply to the notice prescribed by Rule 22 of this Order. (High Court Notification No. 576-G., dated 24th November, 1927). Note 1Rule 29-A, which was added by Chief Court Notification No. 2212-G., dated the 12th May, 1909, has been omitted by High Court Notification No. 563-G., dated the 24th November, 1927. Note 2Rule 63-A, which has been added by High Court Notification No. 125-Gaz/XI-Y-14, dated the 7th April, 1932, has been omitted by High Court Notification No. 106-R/XI-Y-14, dated the 27th April, 1937. 62. Order XXIII, Rule 3Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or were the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the suit, the Court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance therewith so far as it relates to the suit. Provided that the hearing of a suit shall proceed and no adjournment shall be granted in it for the purposes of deciding whether there has been any adjustment or satisfaction, unless the Court for reasons to be recorded in writing, thinks fit to grant such adjournment, and provided further that the judgment in the suit shall not be announced until the question of adjustment or satisfaction has been decided. Provided further that when an application is made by all the parties to the suit, either in writing or in open Court through their counsel, that they wish to compromise the suit, the Court may fix a date on which the parties or their counsel should appear and the compromise be recorded, but shall proceed to hear those witnesses in the suit who already in attendance, unless for any other reason to be recorded in writing, it considers it impossible or undesirable to do so. If upon the date fixed no compromise, has been recorded no further adjournment shall be granted for this purpose unless the Court for reason to be recorded in writing, considers it highly probable that the suit will be compromised on or before the date to which the Court proposes to adjourn the hearing. (High Court Notification No. 211-R/XI-Y-22, dated the 21st July, 1937). 63. Order XXX, Rule 1 (1) Any two or more person claiming or being liable as partners and carrying on business in India may sue or be sued in the name of the firm (if any), of which such persons were partners at the time of the occurring of the cause of action, and any party to a suit may, in such case, apply to the Court for a statement of the names and addresses of the persons who were at the time of accruing of the cause of action, partners in such firm, to be furnished and verified in such manner as the Court may direct. (2) Where persons sue or are sued as partners in the name of their firm under sub-rule (1), it shall, in the case of any pleading or other document required by or under this Code, to be signed,

verified or certified by the plaintiff or the defendant, suffice if such pleading or other document is signed, verified or certified by any one of such persons. ExplanationThis rule applies to a Joint Hindu family trading partnership. (Chief Court Notification No. 2212-G., dated 12th May, 1909). 64. Order XXXII, Rule 1Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor. Such person may be ordered to pay any costs in the suit as if he were the plaintiff. (Chief Court Notification No. 2212-G., dated 12th May, 1909). 65. Order XXXII, Rule 3(1) Where the defendant is a minor, the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor. (2) An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff. (3) The plaintiff shall file with his plaint a list of relatives of the minor and other persons, with their addresses, who prima facie are most likely to be capable of acting as guardian for the minor defendant. The list shall constitute an application by the plaintiff under sub-rule (2) above. (4) The Court may, at any time after institution of the suit, call upon the plaintiff to furnish such a list, and, in default of compliance, may reject the plaint. (5) A person appointed under sub-rule (1) to be guardian for the suit for a minor, shall, unless his appointment is terminated by retirement, removal or death, continue as such throughout all proceedings, arising out of the suit including proceedings in any appellate or re visional Court and any proceedings in the execution of a decree. (6) Any application for the appointment of a guardian for the suit and any list furnished under this rule shall be supported by an affidavit verifying the fact that the proposed guardian has no interest in the matters in controversy in the suit adverse to that of the minor, and that each person proposed is a fit person to be appointed. (7) No order shall be made on any application under this rule, except upon notice to any guardian of the minor appointed or declared by an authority competent in that behalf, or, where there is no such guardian, upon notice to the father or other natural guardian of the minor, or, where there is no father or other natural guardian, to the person in whose care the minor is, and after hearing any objection which served with notice under this sub-rule : Provided that the Court may, if it sees fit, issue notice to the minor also. (High Court Notification No. 95-G., dated 25th February, 1925, and No. 566-G., dated 24th November, 1927).

66. Order XXXII, Rule 4(1) Any person who is of sound mind and has attained majority may act as next friend of a minor or as his next friend of a minor or as his guardian for the suit. Provided that the interest of such person is not adverse to that of the minor, and that he is not, in the case of a next friend, a defendant, or, in the case of a guardian for the suit plaintiff. (2) Where a minor has a guardian appointed or declared by competent authority, no person other than such guardian shall act as the next friend of minor or be appointed his guardian for the suit unless the Court considers, for reasons to be recorded that it is for the minors welfare that another person be permitted to act or be appointed, as the case may be. (2) (A) Where a minor defendant has no guardian appointed or declared by competent authority, the Court may, subject to the proviso to sub-rule (1), appoint as his guardian for the suit a relative of the minor. If no person be available who is a relative of the minor, the Court shall appoint one of the other defendants, if any, and failing such other defendant, shall ordinarily proceed under sub-rule (4) of this rule to appoint one of its officers or a pleader. (3) No person shall, without his consent, be appointed guardian for the suit, but the Court may presume such consent to have been given unless it is expressly refused. (4) Where there is no other person fit and willing to act as guardian for the suit, the Court may appoint any of its officers or a pleader to be such guardian, and may direct that the costs to be incurred by such person in the performance of his duties as such guardian shall be borne performance of his duties as such guardian shall be borne either by the parties or by any one or more of the parties to the suit, or out of any fund in Court in which the minor is interested and may give directions for the repayment or allowance of such costs as justice and the circumstance of such costs as justice and the circumstances of the case may requireHigh Court Notification No. 566-G., dated 24th November, 1927 as amended by High Court Notifications No. 109-RXIY-3, dated the 22nd July, 1936, and No. 281-RI-Y-3, dated 19th September, 1936). 67. Order XXXVII, Rule 1, Summary Procedure on Negotiable InstrumentsThis order shall apply only to (a) The High Courts of judicature at Fort William, Madras, and Bombay; (b) * (c) Any other Court to which Sections 532 to 537 of the Code of Civil Procedure, 1882, have been already applied ; and (d) The Courts of the District Judges and Subordinate Judges of the First Class of the Union territory of Delhi and the Courts of the District Judges and Subordinate Judges of the first class in the civil district of Amritsar in the State of the Punjab.

(High Court Notification No. 255-G., dated 5th July, 1923, and No. 456-Gaz/XI-Y-15, dated the 29th July, 1932). 68. Order XXXVII, Rule 3(1) The Court shall, upon application by the defendant, give leave to appear and to defend the suit, upon affidavits which disclose such facts as would make, it incumbent on the holder to prove consideration, or such other facts as the Court may deem sufficient to support the application. (2) Leave to defend may be given unconditionally, or subject to such terms as to payment into Court giving security, framing and recording issues or otherwise, as the Court thinks fit. (3) The provisions of Section 5 of the Indian Limitation Act, 1908, shall apply to applications under sub-rule (1). {High Court Notification No. 577-G, dated the 15th November, 1978). 69. Order XLI, Rule 1(1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the decree appealed from and (unless the Appellate Court dispenses therewith) of the judgment on which it is founded: Provided that when two or more cases are tried together and decided by the same judgment, and two or more appeals are filed against the decree, whether by the same or different appellants, the officer appointed in this behalf may, if satisfied that the questions for decision are analogous in each appeal, dispense with the production of more than one copy of the judgment. (2) The memorandum shall set forth, concisely and under distinct heads, the grounds of objection to the decree appealed from without any arguments or narrative; and such grounds shall be numbered consecutively. (High Court Notification No. 631-Gaz./XI-Y-l, dated the 7th December, 1932). 70. Order XLI, Rule 14(1) Notice of the day fixed under Rule 1 shall be affixed in the Appellate Court-house, and a like notice shall be sent by the Appellate Court to the Court from whose decree the appeal is preferred, and shall be served on the respondent on his pleader in the Appellate Court in the manner provided for the service on a defendant of a summons to appear and answer; and all the provisions applicable to such summons, and to proceedings with reference to the service thereof shall apply to the service of such notice. (2) Instead of sending the notice to the Court from whose decree the appeal is preferred, the Appellate Court may itself cause the notice to be served on the respondent of his pleader under the provisions above referred to. (3) It shall be in the discretion of the Appellate Court to make an order, at any stage of the appeal whether on the application of any party or on its own motion, dispensing with service of such notice on any respondent who did not appear, either at the hearing in the Court whose
H

decree is complained of or at any proceeding subsequent to the decree of that Court, or on the legal representatives of any such respondent. (4) Where the respondent or any of the respondents has migrated to Pakistan and he cannot be served in the ordinary way, if the appeal has arisen out of a suit to obtain relief respecting, or compensation for wrong to immovable property, the notice shall be served on the Custodian of Evacuees Property, Punjab or Delhi, as the case may be; in all other cases, the notice shall be served on such Custodian and a copy of the notice shall be sent by registered post, to the Secretary General to the Pakistan Government.
2

(5) The provisions of sub-rule (4) shall mutatis mutandis apply to appellants, who have migrated to Pakistan and who cannot be served in the ordinary way.
2 2

Provided that:

(a) The Court may require notice of the appeal to be published in any newspaper or newspapers or in such other manner as it may direct; (b) No such order shall preclude any such respondent or legal representative from appearing to contest the appeal. (6) Every notice of appeal to a respondent other than a respondent stated to be pro-forma shall be accompanied by a copy of the memorandum of appeal or, if so permitted, by a concise statement.
3

7l. Order 41, Rule 19(1) Where an appeal is dismissed under Rule 11 sub-rule (2), or Rule 17 or Rule 18, the appellant may apply to the Appellate Court for the re-admission of the appeal, and, where it is proved that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing or from depositing the sum so required, the Court shall re-admit the appeal on such terms as to costs or otherwise as it thinks fit.
4

(2) The provisions of Section 5 of the Indian Limitation Act, 1908, (IX of 1908) shall apply to applications under sub-rule (1). 74. Order XLI, Rule 23-AWhere the Court from whose decree an appeal is preferred has disposed of the case otherwise than on a preliminary point and the decree is reversed in appeal, and a retrial is considered necessary the appellate Court shall have the same powers as it has under Rule 23.
5

73. Order XLI, Rule 35(1) The decree of the appellate Court shall bear date the day on which the judgment was pronounced.
6

(2) The decree shall contain the number of the appeal, the names and descriptions of the appellant and respondent and a clear specification of the relief granted or other adjudication made.

(3) The decree shall also state the amount of costs incurred in the appeal, and by whom, or out of what property, and in what proportions, such costs and the costs in the suit are to be paid. (4) The decree shall be signed and dated by the Judge of Judges who passed it: Judge dissenting from judgment need not sign decreeProvided that, where there are more Judges than one, and there is a difference of opinion among them, it shall not be necessary, for any Judge dissenting from the judgment of the Court, to sign the decree: Provided also in the case of the High Court, that the Registrar, or such other officer as may be in charge of the Judicial Department from time to time, shall sign the decree on behalf of the Judge or Judge who passed it; but that such Registrar, or such officer, shall not sign such decree on behalf of a dissenting Judge. 74. Order XLI, Rule 38(1) An address for service filed under Order VII, Rule 19, or Order VIII, Rule 11, or subsequently altered under Order VII, Rule 24, or Order VIII, Rule 12, shall hold good during all appellate proceedings arising out of the original suit or petition.
1

(2) The notice of appeal, and other processes connected with proceedings therein, shall issue to the addresses mentioned in clause (1) above, and service effected at such addresses shall be as effective as if it had been made personally on the appellant or respondent, as the case may be. (3) Rules 21, 22, 23, 24, and 25 of Order VII shall be so far as may be appellate proceedings. 75. Order XLII, Rule 2In addition to the copies specified in Order XLI, Rule 1, the memorandum of appeal shall be accompanied by a copy of the judgment of the Court of first instance unless the appellate Court dispenses therewith.
2

76. Order XLIII, Rule 1An appeal shall lie from the following orders under the provisions of Section 104, namely:
3

(a) An order under Rule 10 of Order VII returning a plaint to be presented to the proper Court: (b) An order under Rule 10 of Order VIII pronouncing Judgment against a party ; (c) An order under Rule 9 of Order IX rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit; (d) An order under Rule 13 of Order IX rejecting an application (in a case open to appeal) for an order to set aside a decree passed ex parte; (e) An order under Rule 4 of Order X pronouncing judgment against a party; (f) An order under Rule 21 of Order XI; (g) An order under Rule 10 of Order XVI for the attachment of property;

(h) An order under Rule 20 of Order XVI pronouncing judgment against a party; (i) An order under Rule 34 of Order XXI on an objection to the draft of a document or of an endorsement; (j) An order under Rule 72 or Rule 92 of Order XXI setting aside or refusing to set aside a sale; (k) An order under Rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit; (l) An order under Rule 10 of Order XXII giving or refusing to give leave; (m) An order under Rule 3 of Order XXIII recording or refusing to record an agreement, compromise or satisfaction; (n) An order under Rule 2 of Order XXV rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit; (o) An order under Rule 2, Rule 4 or Rule 7 of Order XXXIV refusing to extend the time for the payment of mortgage money; (p) Order in interpleader suits under Rule 3, Rule 4 or Rule 6 of Order XXXV; (q) An order under Rule 2, Rule 3, or Rule 6 of Order XXXVIII; (r) An order under Rule 1, Rule 2, Rule 4, or Rule 10 of Order XXXIX; (s) An order under Rule 1 or Rule 4 of Order XL; (t) An order of refusal under Rule 19 of Order XLI to re-admit or under Rule 21 of Order XLI to re-hear an appeal; (u) An order under Rule 23 or Rule 23-A of Order XLI remanding a case, where an appeal would lie from the decree of the Appellate Court; (v) An order made by any Court other than a High Court refusing the grant of a certificate under Rule 6 of Order XLV; (w) An order under Rule 4 of Order XL VII granting an application for review. [77. Order XLVII, Rule 5Where the Judge or Judges, or any of the Judges, who passed the decree or made the order, a review of which is applied for, continues or continue attached to the Court at the time when the application for a review is presented, and is not or are not precluded by absence or other cause for a period of six months after the application from considering the decree or order to which the application refers, such Judge or Judges or any of them shall hear the application, and no other Judge or Judges of the Court shall hear the same.
1

Provided that if the said Judge or Judges, or any of the Judges, who passed the decree or made the order, is or are precluded by absence or other cause for a period of six months after the application from considering the decree or order to which the application refers, it shall be heard (a) if the decree was passed or the order was made by a Judge sitting alone, (b) if the decree was passed or the order was made by a Bench of two or more Judges, by a bench consisting of as many Judges as the Bench whose decree or order a review is applied for, The Judges who passed the decree or made the order, as are available, shall be members of the Bench.] (High Court Notification No. 60/Rules/DHC dated 21-4-1998)
1. Rule 1A inserted vide Notification No. 60/Rules/DHC dated 21-4-1998. 1. High Court Notification No. 319-R/XI-Y-1, dated the 13th November, 1943.

2. High Court Notification No. 19-Genl./XI-Y-l, dated the 3rd February, 1950. 2. High Court Notification No. 19-Genl./XI-Y-l, dated the 3rd February, 1950. 2. High Court Notification No. 319-R/XI-Y-l, dated the 13th November, 1943. 3. High Court Notification No. 19-Genl./XI-Y-8, dated, the 1st September, 1953. 4. High Court Notification No. 74-Genl./XI-Y-9, dated the 7th April, 1955. 5. High Court Notification No. 216-R/XI-Y-1/XI-Y-25, dated the 4th August, 1938. 6. High Court Notification No. 20-R/XI-Y-1, dated 29th January, 1937. 1. High Court Notification No. 567-G., dated 24th November, 1927, and No. 20-R/XI-Y-1, dated 29th January, 1937. 2. High Court Notification No. 4685-G., dated 17th October, 1919, and No. 138-G., dated 19th March, 1926 3. High Court Notification No. 216-R./XI/Y-1/XI-Y-25 dated the 4th August, 1938. 1. Substituted for the existing Rule 5 of Code of Civil Procedure, 1908 vide Notification No. 60/Rules/DHC/dated 21-4-1998.

CHAPTER 7
Ch. 7

Rules Under Special Acts

Part A]

Part A RULES MADE BY THE PUNJAB HIGH COURT UNDER SECTION 99-F OF THE CODE OF CRIMINAL PROCEDURE TO REGULATE THE PROCEDURE IN THE CASE OF APPLICATIONS TO SET ASIDE ORDERS OF FORFEITURE PASSED BY THE STATE GOVERNMENT UNDER SECTION 99-A [95(1) OF NEW CODE] OF THE CODE
1

1. Application to be signed and verifiedEvery application to the High Court under Section 99-B [96 of New Code] of the Code of Criminal Procedure, 1898, to set aside an order of forfeiture under Section 99-A [95(1) of New Code] of the Code shall be signed by the applicant and supported by an affidavit. 2. How application is to be writtenThe application shall be in English on one side of watermarked plain paper divided into paragraphs, numbered consecutively. 3. TitleThe application shall be headed : In the High Court of Delhi at New Delhi and shall be instituted In the matter of(name or description of book, document or newspaper as the case may be) and shall describe the parties. 4. Contents of application and exhibits to be annexedThe application shall state what the interest of the applicant is in the property in respect of which the order of forfeiture has been made. All documents or copies thereof in proof of such interest together with a copy of the notification issued under Section 99-A [95(1) of New Code] of the Code of Criminal Procedure, 1898, shall be annexed as exhibits to the application. 5. Grounds to be statedThe application shall state the ground or grounds on which it is sought to set aside the order of forfeiture. 6. Deposit in connection with preparation of recordThe applicant shall, with his application attach a receipt for a sum of Rs. 100/- which shall be deposited with the Treasurer of the High Court to cover the cost of preparation of the record. 7. Translation of documents(a) No document in a language other than English shall be used for the purpose of any proceedings before the Court, unless it is accompanied by a translation in English;

(i) agreed to by both the parties; or (ii) certified to be true translation by the counsel engaged or attending at the hearing; or (iii) prepared by a translator appointed or approved by the Court. (b) Every document required to be translated shall be translated by a translator appointed or approved by the Court. 8. Presentation of applicationThe application with exhibits annexed thereto and their translations, if any, with 5 copies thereof shall be presented at the Filing Counter. 9. Notice to produce the document on which forfeiture was orderedThe Registrar shall forthwith give notice of the filing of the application to the Chief Secretary, Delhi Administration, and require him to furnish to the Court, as soon as possible, a copy of the particular newspaper, book or other document containing the words, signs or visible representation on which the declaration of forfeiture was based. 10. Evidence by affidavitsEvidence in support of or against the application shall be in the form of affidavits. The Delhi Administration shall, within fifteen days of the receipt of the notice mentioned in Rule 9, file affidavits on which it relies and supply copies thereof to the other side. The applicant shall, within fifteen days of the receipt of the copies of the affidavits, file his affidavits, and likewise supply the standing Counsel with copies. 11. Furnishing of documents and affidavitsEach party shall furnish the required number of copies of its affidavits and documents. 12. Date of hearing to be notified to GovernmentNotice in writing of the day appointed for the hearing and determination of the application shall be given by the Registrar to the Chief Secretary, Delhi Administration. 13. Taxation of costsThe taxation rules on the original side of the High Court for suits shall apply mutatis mutandis to taxation of costs of such application and proceedings. 14. Execution of orders passedAny order passed in these proceedings shall be executed in the same manner as a decree or order of this Court on the original side. 15. Courts power to enlarge or abridge timeThe Special Bench composed of three Judges to be nominated by the Chief Justice may enlarge or abridge the time appointed by these Rules or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms if any, as the justice of the case may require and any enlargement may be ordered, although the application therefor is not made until after the expiration of the time appointed or allowed. 16. MiscellaneousIn matters not provided for by these rules, the Court may in its discretion apply the provisions of Civil Procedure Code.

17. Courts power to dispence with compliance with the RulesThe Court may, for sufficient cause shown, excuse the parties from compliance with any of the requirements of these Rules and may give such directions in matters of practice and procedure as it may consider just and expedient.
Part B]

Part B RULES REGARDING APPLICATIONS UNDER SECTION 66 OF THE INDIAN INCOME TAX ACT, 1922

Rules made by the High Court under clause 27 of the Letters Patent to regulate proceedings of applications and references under Sections 66(2) and 66(3) of the Indian Income-tax Act, 1922, as amended by the Indian Income-tax (Amendment) Act, VII of 1939 and XL of 1940. 1. Every application under Section 66(2) of the Indian Income-tax Act as subsequently amended, hereinafter referred to as The Act for an order by the High Court requiring the Income-tax Appellate Tribunal to state and refer the case to the High Court shall contain a brief statement of facts and the point or points of law on which a reference is desired. Such application shall be supported by an affidavit by the assessees, or some other person acquainted with the facts and shall be accompanied by a copy of the said application and such documents and copies of such of the orders of the Income-tax Officer and the Income-tax Appellate Tribunal as may be necessary for understanding the point or points of law on which reference is desired. The application shall also be accompanied by a certificate from the Income-tax Appellate Tribunal to the effect that the assessee has not withdrawn his application for reference under Section 66(1) ibid before the said Tribunal. 2. Every application under Section 66(3) of the Act made to the High Court for an order requiring the Income-tax Appellate Tribunal to treat the application made before the latter under Section 66( 1) as made within time shall be accompanied by a copy of the application made to the Tribunal together with a copy of the relevant order of the Tribunal and such other documents as may show that the application made to the Tribunal was within time or should be treated as such. 3. Every application under Section 66(2) or Section 66(3) of the Act shall be entitled Income-tax Act, 1922, Case No . . . . .. . . . . . . . . . . . . . . . . .of . . . . . . . . . . . . . . . . . . .19 . . . . . . .. Name of the assessee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applicant. The Commissioner of the Income-tax

Versus

The Commissioner of Income-tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,Respondent. Name of the assessee 4. If the Court hearing the application does not reject it in limine, a notice shall be issued to the assessee or the Income-tax Commissioner, as the case may be, to show cause against the application. 5. Counsel presenting an application under Section 66(2) or Section 66(3) of the Act shall be bound to accept service on behalf of his client of any notices issued by the High Court until the case has been finally disposed of or a change of counsel has been notified to the Court. 6. In the event of the Court requiring the Income-tax Appellate Tribunal to the state and to refer a case, notice of the order containing the question or questions of law on which the case is to be stated and to be referred shall be sent the Income-tax Appellate Tribunal. 7. All cases stated by the Appellate Tribunal shall as far as possible be divided into paragraphs numbered consecutively and shall concisely state such facts and documents, with copies of the latter annexed, as may be necessary to enable the Court to decide the question raised thereby. 8. The party at whose instance a reference has been made shall have the statement of the case, printed and shall file two copies of such prints in the High Court office within two months from the date of the filing of the reference in the High Court. 9. The Court hearing applications under Section 66(2) or 66(3) of the Act or deciding cases stated and referred to under the Act shall be a Bench of two Judges unless the Chief Justice orders that any application or reference shall be heard by a Bench of more than two Judges. 10. At the hearing of such applications and cases the Court and the parties shall be at liberty to refer to the whole of the contents of the documents annexed thereto. 11. The Rules contained in this Chapter shall, as far as may be and with necessary modifications and adaptations, also apply to proceedings of a similar nature under any other Act including those under : (i) Section 22 of the Punjab General Sales Tax Act, 1948; (ii) Section 57 or 60 of the Indian Stamp Act, 1899; (iii) Section 27 of the Workmens Compensation Act, 1923;

(iv) Section 21 of the Excess Profit Tax Act, 1940 read with Section 66 of the Indian Income Tax Act; (v) Section 19 of the Business Profits Tax Act, 1947, read with Section 66 of the Indian Incometax Act.
Part C(a)]

Part C (a) RULES UNDER SECTION 1(4), INDIAN AND COLONIAL DIVORCE JURISDICTION ACT, 1926

Made by the Secretary of State in Council for India, with the Concurrence of the Lord Chancellor under the Indian and Colonial Divorce Jurisdiction Act, 1926 (16 and 17 Geo. 5) (as amended by the Indian (Non-Domiciled Parties) Divorce (Amendment Rules, 1940), as published in Government of India, Home Department, Notification No. 106/36, dated the 14th January, 1941.
Short Title and Commencement

1. Title and date of enforcement(1) These rules may be called the Indian (Non-Domiciled Parties) Divorce Rules, 1927. (2) They shall come into force on the 27th day of July, 1927.
Appointment of Judges

2. (1) Chief Justice to submit to Lord Chancellor names of Judges proposed for exercising jurisdictionAs soon as may be after the coming into force of these Rules the Chief Justice of each of the High Courts referred to in sub-section (1) of Section 1 of the Indian and Colonial Divorce Jurisdiction Act, 1926 (hereinafter called the Act) shall submit to the Lord Chancellor through the Secretary of State for India the names of such number of Judges of the Court (including, if he thinks fit, the name of the Chief Justice himself) not exceeding six, as he may consider necessary for the purpose of exercising jurisdiction under the Act and these Rules. (2) Names of Judges approved to be published in GazetteUpon the approval of the Lord Chancellor to any nomination so submitted being signified to the Chief Justice by the Secretary of State for India, the Chief Justice shall cause the names so approved to be notified in the official Gazette of State as Judges appointed to exercise jurisdiction under the Act, and the Judges whose names shall have been notified shall thereupon have power to exercise Jurisdiction accordingly. (3) Submission of further namesAt any time after the first nominations under these Rules have been approved, the Chief Justice may propose the names of a further Judge to take the place of, or to exercise Jurisdiction in addition to, the Judge or Judges for the time being having powers under the Act; and when such further nominations are approved they shall be notified as aforesaid. 3. Petition to be heard by a single Judge without jury. Appeal to be heard by a Bench Every petition under the Act shall be heard by a single Judge nomination and approved as

hereinbefore provided, sitting with a jury, and subject to the provisions of the Indian Limitation Act, an appeal shall lie to a Bench of two other Judges who have been similarly nominated and approved against any decree or order which would be appealable if it had been passed in proceedings under the Indian Divorce Act, 1869, and shall be disposed of accordingly. Each such bench shall be constituted by the Chief Justice as occasion may arise. 4. Appeal to his Majesty in CouncilNothing in these Rules shall be deemed to prevent the exercise of any ultimate right to appeal to His Majesty in Council.
Petition

5. Mode of proceedingsAll proceedings under the Act shall be commenced by filing a petition to which shall be attached a certified copy of the certificate of the marriage. 6. Contents of petition and form of relief(1) In the body of a petition praying for the Dissolution of a marriage shall be stated: (i) the place and date of the marriage and the name, status and domicile of the wife before the marriage; (ii) 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 or residence of the parties at the time of institution of the suit; (iii) the principal permanent addresses where the parties have cohabited, including the address where they last resided together in India; (iv) whether there is living issue of the marriage, and, if so, the names and the dates of birth of ages of such issue; (v) whether there have been in the Divorce Division of the High Court of Justice in England or in the Court of Session in Scotland or in any Court in 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; (vi) the matrimonial offences alleged or other grounds on which a decree of a dissolution is sought set out in separate paragraphs with the times and places and all other relevant particulars; (vi) (a) if at the date of institution of a cause of a wife the husband has deserted the wife, and there is reason to believe that he has changed his domicile since the date of the desertion, the domicile of the husband immediately before the desertion, the date when and the circumstances in which the alleged desertion began; (vi) (b) in the case of a petition for presumption of death and dissolution of the marriage, the last place of co-habitation of the parties, the circumstances in which the parties ceased to cohabit, and the date when and the place where the respondent was last seen or heard of;

(vii) the claim for damages, if any; (viii) the ground on which the petitioner claims that in the interest of justice it is desirable that the suit should be determined in India. (2) The petition shall conclude with a prayer setting out particulars of 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.
Verification of petition

7. Mode of contents of verificationThe statements contained in every petition under these Rules shall be verified by the petitioner or some other competent person in manner required by the Code of Civil Procedure for the time being in force for the verification of plaints, and in case where the petitioner is seeking a decree of dissolution of marriage, the verification shall include a declaration authenticated in like manner that no collusion or connivance exists between the petitioner and the other party to the marriage, and that neither the petitioner nor, within the knowledge of the petitioner the other party to the marriage, has instituted proceedings which are still pending for the dissolution of the marriage in England or Scotland.
Co-respondents and Interveners

8. Alleged adulterers of wife to be made co-respondentsIn every petition presented by a husband for the dissolution of his marriage on the grounds of adultery the petitioner shall make the alleged adulterers co-respondents in the suits, unless the Court shall otherwise direct. 9. Where husband charged with adultery with some person, copy of charge with notice to intervene to be sent to that personWhere a husband is charged with adultery with a named person a certified copy of the pleading containing such charge, shall unless the Court for good cause shown otherwise directs, be served upon the person with whom adultery is alleged to have been committed, accompanied by a notice that such person is entitled within the time therein specified, to apply for leave to intervene in the cause.
Service of petitions and notices

10. Manner of service of petition and noticesEvery petition or notice referred to in these Rules shall be served on the party to be affected thereby either within or without India. Provided that unless the Court for good cause shown otherwise directs, service of all such petitions and notices shall be affected by delivery of the same to the party to be affected thereby, and the Court shall record that it is satisfied that service has been so effected.
Answer and subsequent pleadings

11. Filing answersA respondent or co-respondent, or a woman to whom leave to intervene has been granted under Rule 9 may file in the Court an answer to the petition.

12. (1) Verification of answersAny answer which contains matters 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, as the case may be, in the manner required by these Rules for the verification of petitions, and when the respondent is husband or wife of the petitioner the answer shall contain a declaration that there is not any collusion or connivance between the parties. (2) Action to be taken when the answer of a husband alleges adultery and prays reliefWhere the answer of a husband alleges adultery and prays relief, a certified copy thereof shall be served upon the alleged adulterer, together with a notice to appear in like manner as on a petition. When in such case no 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 under Rule 9 that he is entitled within the time therein specified to apply for leave to intervene in the suit, and upon such application he may be allowed to intervene, subject to such direction as shall then be given by the Court. 13. Action to be taken when proceedings for dissolution of marriage are pending in United Kingdom(1) If it appears to the Court that proceedings for the dissolution of the marriage have been instituted in England or Scotland before the date on which the petition was filed in India, the Court shall either dismiss the petition or stay further proceedings thereon until the proceedings in England or Scotland have terminated, or until the Court shall otherwise direct. (2) If it appears that such proceedings were instituted after the filing of the petition in India, the Court may proceed, subject to the provisions of the Act, with the trial of the suit.
Showing Cause against a Decree Nisi

14. Proctor to be appointed and notified in the GazetteThe State Government of the State in which the principal seat of the Court is situate shall appoint an officer to exercise, within the jurisdiction for the purpose of the Act of the several High Courts referred to in Section 1 thereof, the duties assigned to His Majestys Proctor by Sections 181 and 182 of the Supreme Court of Judicature Consideration Act, 1925, and the Officer so appointed shall be notified in the official gazette of the State. Every Proctor so appointed shall, in the exercise of his functions, act under the instructions of the Advocate-General for the State. 15. Proctor may intervene on receipt of material information(1) If any person during the progress of the proceedings or before the decree nisi is made absolute gives information to the Proctor of any matter material to the due decision of the case, the Proctor may take such steps as he considers necessary or expedient. (2) If in consequence of any such information or otherwise the Proctor suspects that any parties to the petition are or have been in collusion for the purpose of obtaining a decree contrary to the justice of the case, he may after obtaining the leave of the Court intervene and produce evidence to prove the alleged collusion. 16. Procedure when proctor desires to show cause against a decree nisi being made absolute Proctor to be made a party(1) When the Proctor desires to show cause against making absolute a decree nisi he shall enter an appearance in the suit in which such decree nisi

has been pronounced and shall within a time to be fixed by the Court file his plea setting forth the grounds upon which he desires to show cause as aforesaid and a certified copy of his plea shall be served upon the petitioner or person in whose favour such decree has been pronounced or his advocate. On entering an appearance the Proctor shall be made a party to the proceedings, and shall be entitled to appear in person or by advocate. (2) Where such plea alleges a petitioners adultery with any named person a certified copy of the plea shall be served upon each such person omitting such part thereof as contains any allegations in which the person so served is not named. (3) All subsequent pleading and proceedings in respect of such plea shall be filed and carried on in the same manner as is hereinbefore directed in respect of an original petition, except as hereinafter provided. (4) Proctor may apply for rescission of the decree nisi if his pleas are not controvertedIf the charges contained in the Plea of the Proctor are not denied or if no answer to the plea of the Proctor is filed within the time limit or if an answer is filed and withdrawn or not proceeded with the Proctor may apply forthwith for the rescission of the decree nisi and dismissal of the petition. 17. Costs of proceedings when proctor interveneWhere the Proctor intervenes or shows cause against a decree nisi in any proceedings for divorce, the Court may make such order as to the payment by other parties to the proceedings of the costs incurred by him in so doing, or as to the payment by him of any costs incurred by any of the said parties by reason of his so doing, as may seem just. 18. Procedure when any person other than the Proctor desires to show cause against a decree nisi being made absoluteAny person other than the Proctor wishing to show cause against making absolute a decree nisi shall, if the Court so permits enter an appearance in the suit in which such decree nisi has been pronounced and at the same time file affidavits setting forth the facts upon which he relies. Certified copies of the affidavits shall be served upon the party or the advocate of the party in whose favour the decree nisi has been pronounced. 19. Affidavits and counter affidavits in the above caseThe party in the suit in whose favour the decree nisi has been pronounced may within a time to be fixed by the Court file affidavits in answers, and the person showing cause against the decree nisi being made absolute may within a further time to be so fixed file affidavits on reply. 20. Every decree for the dissolution of a marriage under the Act shall in the first instance be a decree nisi not to be made absolute until after the expiration of six months from the pronouncing thereof unless the Court by general or special order from time to time fixes a shorter time: Provided that no decree nisi against which an appeal has been filed, including an appeal to His Majesty in Council shall be made absolute until after the decision of the appeal. 21. Affidavit to accompany petition to make a decree nisi absolute(1) Application to make absolute a decree nisi shall be made to the Court by filing a petition setting forth that application

is made for such decree absolute, which will thereupon be pronounced in open Court at a time appointed for that purpose. In support of such application it must be shown by affidavit filed with the said petition that no proceedings for the dissolution of the marriage have been instituted and are pending in England or Scotland, and that search has been made in the proper books at the Court up to within six days of the time appointed, and that at such time no person had intervened or obtained leave to intervene in the suit, and that no appearance has been entered nor any affidavits filed on behalf of any person wishing to show cause against the decree nisi being made absolute; and in case leave to intervene had been obtained, or appearance entered or affidavits filed on behalf of such person, it must be shown by affidavits what proceedings, if any, have been taken thereon. (2) If more than twelve calendar months have elapsed since the date of the decree nisi an affidavit by the petitioner, giving reasons for the delay, shall be filed.
Alimony, Maintenance and Custody of Children

22. Mode of conducting proceedingsProceedings relating to alimony, maintenance, custody of children, and to the payment, application or settlement of damages assessed by the Court shall be conducted in accordance with the provisions of the Indian Divorce Act, 1869, and of the rules made thereunder: Provided that in any case where a petition for the dissolution of her marriage is presented by the wife on the grounds of her husbands insanity the relevant provisions of the said Act and Rules shall apply as if for the references to the husbands there were substituted reference to the wife and for the reference to the wife there were substituted reference to the husband, and in any such case and in any case where a petition for the dissolution of his marriage is presented by the husband on the ground of his wifes insanity the Court may order the payments of alimony or maintenance under the said Act to be made to such persons having charge of the respondent as the Court may direct:
Powers delegated to Registrar under the Act

Provided further that when a decree is made for the dissolution of a marriage the parties to which are domiciles in Scotland, the Court shall not make an order for the securing of a gross or annual sum of money; Provided further that no Court in India shall entertain an application for the modification or discharge of an order for alimony, maintenance or the custody of children, unless the person on whose petition the decree for the dissolution of the marriage was pronounced is at the time the application is made resident in India.
Procedure Generally

23. General ProcedureSubject to the provisions of these Rules all proceedings under the Act between party and party shall be regulated by the Indian Divorce Act and the rules made thereunder.

24. FormsThe forms set forth in the Schedule to the Indian Divorce Act, with such variation as the circumstances of each case and these Rules may require, may be used for the respective purposes mentioned in the Schedule.
Part C(b)]

Part C (b) POWERS DELEGATED TO THE REGISTRAR UNDER THE INDIAN AND COLONIAL DIVORCE JURISDICTION ACT, 1956 Powers delegated to the Registrar under the Act

In accordance with the powers vested in them by Article 35 of the Letters Patent, the Honourable the Chief Justice and Judges of the High Court of Punjab at Chandigarh are pleased to delegate to the Registrar the following powers in cases under the Indian and Colonial Divorce Jurisdiction Act, 1926: (1) Power to tax, bill of costs between party and party, subject to an appeal to one of the Judges appointed to exercise jurisdiction under the Act. (2) On order by a Judge, power to frame issues before trial. (High Court Notification No. 614/8870-G., dated the 26th December, 1928).
Part D(a, b)]

Part D (a) RULES MADE BY THE HIGH COURT UNDER THE COMPANIES ACT, CONCERNING THE MODE OF PROCEEDINGS TO BE HAD FOR WINDING-UP A COMPANY IN THE HIGH COURT (See Chapter 1-A of Volume II, High Court Rules and Orders)

[Note: Rule making power has been transferred to Supreme Court by Section 643 of Companies Act 1956. Company (Court) Rules 1959 have been framed by Supreme Court which are followed by High Courts.]
Part D (b) RULE MADE BY THE PUNJAB HIGH COURT UNDER POWERS CONFERRED BY SUBSECTION (2) OF SECTION 45B AND SECTION 45G OF THE BANKING COMPANIES ACT, 1949 (NO. X OF 1949), AS AMENDED BY ACT NO. XX OF 1950). (See Chapter 1-B of Volume II of High Court Rules and Orders).
Part E]

Part E RULES UNDER SECTION 110 OF THE TRADE AND MERCHANDISE MARKS ACT, 1958, (NO. 43 OF 1958)

In the exercise of the powers conferred by Section 110 of the Trade and Merchandise Marks Act, 1958 (No. 43 of 1958) the Punjab High Court has made the following rules:

1. DefinitionsIn these Rules: (a) The Act means the Trade and Merchandise Marks Act, 1958. (b) The Registrar means the Registrar of Trade Marks referred to in Section 4 of the Act and includes any officer appointed under sub-section (2) of Section 4 of the Act to discharge any of the functions of the Registrar. (c) The Deputy Registrar means the Deputy Registrar (Judicial) of the Punjab High Court and includes any person performing the functions of Deputy Registrar (Judicial) for the time being. (d) Judge means a Judge of the Punjab High Court. (e) Court means Punjab High Court. 2. Title of applicationAll applications and appeals under this Act shall be instituted in the matter of the Act and in the matter of the Trade and Merchandise Marks to which they relate. 3. Mode of applicationAll applications and appeals under the Act shall be made by petition supported by an affidavit and shall be presented to the Deputy Registrar (Judicial). 4. Disposal of petitionThe Deputy Registrar shall lay the petition before the Judge who may either admit the petition and direct notice thereof to be given to the opposite party or may reject it summarily or make such other order as the circumstances of the case may require. 5. Service on RegistrarNotice of all the applications or appeals admitted by the Court shall be sent to the Registrar who shall have a right to appear and be heard and shall appear if so directed by the Court. 6. (a) Stay of pending suit or proceedingsIf any application or appeal is made to the High Court, under the Act and any suit or other proceedings concerning the Trade and Merchandise Marks in question is pending before the High Court or any District Court the High Court may stay such suit or proceeding until the disposal of the said application or appeal. (b) Record of the case in appealIn all contested appeals from the decisions of the Registrar the petitioner and the respondent shall furnish to each other, within 2 weeks from the date to the filing of the affidavit in reply, a list of documents forming part of the record of the case before the Registrar on which they rely for the purposes of the hearing of the appeal. The petitioner shall than prepare a duly indexed compilation of the documents relied upon by either side and furnish a copy of the same to the Court and to the opposite party within thirty days of the receipt of the list of documents from the opposite party. 7. Reference under Section 107(2)Where the Registrar makes a Reference to the Court under Section 107(2) of the Act, he shall give notice of the same to the parties concerned. He shall also supply to the Deputy Registrar the postal addresses of all persons interested in the Reference. After the reference is received, the Deputy Registrar shall fix a date for the hearing of the same

and put it on the list of the Judge on such date for disposal. Fifteen days notice of the day so fixed shall be given by the Deputy Registrar to the Registrar and to the parties concerned by sending the notices by registered post. 8. Procedure for withdrawal of application under Section 109(7)Where under Section 109(7) of the Act an applicant becomes entitled . . . . . . and intends to withdraw his application, he shall give notice of the intention in writing to the Registrar and to the other parties, if any, to the appeal within one month after the leave referred to in that section has been obtained. He shall also give notice to the Deputy Registrar (Judicial) who shall thereupon forthwith place the appeal on the list for disposal. 9. Counter-claim for rectification of Register in a suit for infringementA defendant in a suit for infringement filed in the High Court may in regard to any registered trade mark in issue counter-claim for the rectification of the register and shall within the time limited for the delivery of the counter claim serve the Registrar with the same, and the Registrar shall be entitled to take such part in the suit as he may think fit without delivering a defence or other pleading. 10. Copy of Judgment and order be sent to the RegistrarA certified copy of every judgment and order made on any application, appeal or reference under the Act shall be sent by the Deputy Registrar to the Registrar. 11. Notice how to be givenUnless otherwise provided by these rules, when notice is required to be given to any party by the Act or by these rules, it shall be served on such party in the manner provided for the service of summons in a suit. 12. Affidavits as evidenceAffidavits shall be treated as evidence of the facts affirmed in them. 13. Application of the Code of Civil Rules and Forms of the CourtIn cases not provided for in the foregoing Rules the provisions of the Code of Civil Procedure, 1908, and, the Rules and Forms of the Court, shall apply mutatis mutandis to the proceedings under the Act. Provided that it shall not be necessary for the Court to frame issues and the evidence may be taken in the form of affidavits where the Judge so directs. 14. Table of fees applicableProcess Fees shall be charged according to the Table of Fees for the High Court given in Chapter 5-B, High Court Rules and Orders, Volume IV. 15. Disposal of casesApplications relating to infringement of trade marks and passing of actions under the Act and all references, appeals, etc., shall be brought to hearing as early as may be practicable.

Part F]

Part F RULES UNDER THE CHARTERED ACCOUNTANTS ACT, 1949

The Honourable the Chief Justice and Judges are pleased to make the following rules relating to cases under the Chartered Accountants Act, 1949. 1. Register of casesAll cases received by the High Court under Section 21 of the Chartered Accountants Act, 1949, shall be numbered and entered in a special register. 2. Filing of the finding etc. in the CourtThe Council of the Institute of Chartered Accountants of India (hereinafter referred to as the Council) shall file in the office of the Deputy Registrar the finding of the Council along with the report of the Disciplinary Committee and all other relevant papers which were before the Council and the Disciplinary Committee and in particulars the following documents: (a) Complaint or information. (b) Written statement of defence. (c) Depositions of witnesses together with exhibits. (d) Notes of the hearing before the Disciplinary Committee and the Council. The council shall furnish to the Deputy Registrar two extra copies of the aforesaid papers. The Council shall also furnish to the Deputy Registrar, the postal addresses of all persons on whom notices are required to be served under Section 21(2) of the said Act. 3. Fixing date of hearingWhen the finding of the Council, and the other papers have been filed in Court, the Deputy Registrar shall fix a date for the hearing of the case and shall forthwith issue notices in the Forms given in Appendix A. 4. Service of noticesSuch notices shall be sent by registered post to all persons to whom notices are required to be sent under the provisions of Section 21 (2) of the said Act at the addresses supplied by the Council and shall be served not less than 15 days before the date fixed for hearing of the case. 5. Case to be heard before BenchThe case shall be heard by a Bench consisting of not less than two Judges to be nominated by the Chief Justice. 6. Copy of the final order to be sent to the CouncilThe Deputy Registrar shall send a certified copy of the final order passed in the case to the Council of the Institute of Chartered Accountants.

Part G]

Part G THE COPYRIGHT RULES, 1959

In exercise of the powers conferred by Section 73 of the Copyright Act, 1957 (Act No. 14 of 1957), the Punjab High Court has made the following rules: 1. Short titleThese rules may be called the Copyright Rules, 1959. 2. DefinitionsIn these rules unless there is anything repugnant in the subject for context: (i) The Act means the Copyright Act, 1957 (No. 14 of 1957). (ii) The High Court means the High Court for the State of Punjab at Chandigarh. (iii) The Registrar means the Registrar of Copyright and includes the Deputy Registrar of Copyrights appointed under the Act. (iv) Copyright Board means the Copyright Board appointed under the Act. (v) The Deputy Registrar (Judicial) means the Deputy Registrar (Judicial) for the High Court of Punjab at Chandigarh and includes the Assistant Registrar in the Circuit Court at Delhi. (On the formation of Delhi High Court, circuit Bench at Delhi has since discontinued). 3. Presentation of AppealsSubject to these rules, all appeals from a final decision or order of the Copyright Board shall be made to the High Court in accordance with the provisions of Chapter I, High Court Rules and Orders, Volume V. 4. Disposal of appealsAppeals under rule 3 shall be heard and disposed of by Bench of two Judges. 5. Contents of appealsEvery memorandum of appeal under Section 72 of the Act shall be drawn up in the manner prescribed by Order XLI, Rule 1 of the Code of Civil Procedure, and shall be presented to the Deputy Registrar (Judicial) accompanied by a certified copy of the final decision or order appealed from. 6. Court-feeEvery Memorandum of appeal under Section 72 of the Act shall bear a court-fee as provided in Article II of Schedule II of the Indian Court-fees Act. 7. Register of appealThere shall be kept a separate register of appeals from final decision or order of the Copyright Board. 8. NoticeNotice of appeal shall be in the form prescribed for notice issued in Regular First Appeals, with suitable modification, so as to make it clear that it is an appeal from a final decision or order of the Copyright Board.

9. Contents of Paper-bookIn all appeals admitted to a hearing printed record shall, unless special orders are given to the contrary, be prepared in accordance with the provisions of Chapter 2-A, High Court Rules and Orders, Volume V, which will apply mutatis mutandis save and except that the printed record shall be: (i) Petition of application before the Board. (ii) Written statement of petition of objection or reply as the case may be. (iii) Deposition of witnesses, if any. (iv) Copies of documents exhibited before the Board. (v) Copies of any documents rejected by the Board, where its rejection is a ground of appeal or cross objections. (vi) Copy of the final decision or order of the Copyright Board. (vii) Copies of all affidavits and records used by the Board under Section 74 of the Act. (viii) Such other document or documents as the Court may direct to be included. (ix) The grounds of appeal to the High Court in English. (x) The order of the Bench admitting the appeal. 10. The paper-book shall have an index. There shall be a printed paper-book, unless the Court otherwise directs. 11. Specifying documents to be printedThe Deputy Registrar (Judicial) shall as soon as an appeal is admitted, request the Copyright Board to transmit the record of the case of the High Court. Where and in so far as the record consists of any entry in a register kept by the Registrar of Copyrights or the Copyright Board, only a certified copy shall be transmitted. Upon receiving the record, the Deputy Registrar (Judicial) shall cause notice to be given to the appellant and respondents, or their counsel, if any, to specify within 30 days of the date of receipt of notice the documents mentioned in Rule 9-A (v) above, which should be included in the printed record of the appeal. In default of their doing so, the printed record shall consist of the documents specified in Rule 9-A (i) to (iv), (vi), (vii), (viii), (ix) and (x) only. 12. Taxation costsTaxation of costs shall be as in Regular First Appeals in Civil cases. 13. Application of the Code of Civil Procedure and rules and forms of the CourtIn cases not provided for in the foregoing rules, the provisions of the Code of Civil Procedure, 1908, and

the Rules and Forms of High Court of Punjab and Chandigarh shall apply mutatis mutandis to all proceedings under the Act. 14. Table of fees applicableProcess fees shall be charged according to the table of fees the High Court given in Chapter 5-B High Court Rules and Orders, Volume IV.
Part H]

Part H RULES MADE BY HIGH COURT RELATING TO APPEALS UNDER SECTION 116-A OF THE REPRESENTATION OF PEOPLES ACT, 1951

1. Accompaniments of a memorandum of appealEvery memorandum of appeal shall be accompanied by: (a) a certified copy of the judgment or order of the Election Tribunal against which the appeal is directed. (b) as many typed copies of the memorandum of appeal as there may be respondents to be served. (c) an affidavit setting out the permanent residence and address of the respondent and also the present address of the respondents on which service of the notice can be effected. (d) postal envelopes bearing requisite postage stamps to enable service to be effected on the respondents by registered post acknowledgement due; and (e) the Government Treasury Receipt in regard to the deposit of Rs. 500/- made by the appellant in a Government Treasury or in the Reserve Bank of India in favour of the Secretary to the Election Commission as surety for the costs of the appeal under Section 119-A of the Representation of Peoples Act, 1951. 2. In addition to service through post, notice or appeal shall be served in the manner prescribed for service of notice in the Code of Civil Procedure. The notice shall be marked very urgent and shall be accompanied by a letter to the officer directed to effect service of the notice to serve the same immediately. Service of notice of appeal on respondent(s) shall simultaneously be effected by publication in newspaper. 3. Supply of Paper-book by appellantThe appellant shall within fifteen days from the date of admission of the appeal, supply to the Court as many typed/printed copies of the paper-book referred to in Rule 4 as there may be respondents to be served together with five extra copies for the use of the Court. Provided that the Deputy Registrar (Judicial) may in special circumstances extend the period of supplying the paper-book to a fortnight on the written application made to him in this behalf.

4. Contents of paper-bookThe paper-book should be duly paged, indexed and shall contain copies if the papers are in English and translation if the papers are in any other language of the following papers (i) Index. (ii) Memorandum of Appeal. (iii) Judgment or Order under appeal. (iv) The Election Petition. (v) Written Statement. (vi) Supplementary statements, and statements, of parties or their pleaders recorded under Rules 1 and 2 of Order X of C.P.C. (vii) Oral evidence recorded in the case. (viii) Such other documents or papers as the appellant wished to refer to. 5. Supply of Supplementary paper-book by respondentOn any date to be fixed by the Deputy Registrar (Judicial) after admission of the appeal for appearance of the respondent, the respondent shall be supplied with a copy of the paper-book filed by the appellant and shall be required to initiate in writing on the next working day if he wants to file a supplementary, paperbook containing such other evidence oral or documentary or other paper as he may wish to refer to. In case he gives this intimation, he shall file six typed copies of the supplementary paperbook within fourteen days of the intimation referred to above. 6. Certificate of correctness of paper-bookThe correctness of the translation and typing of the paper-book shall be certified by the party concerned or his Advocate. 7. Taxation of cost of paper-bookThe Deputy Registrar (Judicial) shall determine the cost of preparation of the paper-book before the appeal comes up for hearing and the Court shall decide whether the whole or a portion of the costs shall be taxed. 8. Payment of fee for summoning of records other than those of TribunalAfter the appeal has been admitted a requisition shall issue immediately calling for the records of proceedings of the Election Tribunal from the District Court where such records are deposited under Section 103 of the Representation of People Act. The Appellant/Respondent shall, however, pay fee for summon such records which do not form a part of the records of the proceedings of the Court of Election Tribunal but are sent for on the application of the Appellant/Respondent under orders of the Courts.

9. Costs of the appealThe costs of the appeal shall be at the discretion of the Court and the same may be awarded to the respondents or any of them out of the security deposit made by the appellant under Section 119-A of the Representation of the People Act, 1951. 10. Intimation to be sent to the Election Commissioner, IndiaAs soon as the appeal is decided an intimation about it shall immediately be sent to the Election Commission, India, for information. 11. Application of certain provisions of the High Court RulesSubject to these rules, the rules relating to First Appeals contained in Chapters 1 and 2 of the High Court Rules and Orders Volume V will also apply to appeals under Section 116A of the Representation of People Act, 1951.
RULES MADE BY HIGH COURT OF DELHI
2

Election Rules

1. In these rules, unless the context otherwise requires (a) The Act shall mean the Representation of the People Act, 1951; (b) the Code shall mean the Code of Civil Procedure, 1908; (c) the High Court shall mean the Delhi High Court; (d) the Judge shall mean the Judge of the High Court who for the time being has been assigned by the Chief Justice under sub-section (2) of Section 80(a) of the Representation of the People Act, 1951, for the trial of Election Petition; (e) the Himachal Pradesh Bench shall mean the Bench of the High Court functioning at Simla, or at such place in Himachal Pradesh as the Chief Justice of the Delhi High Court may appoint from time to time.
3

The Election Petition

2. All proceedings in the High Court in respect of Election Petition shall be conducted in English. 3. All petitions, applications, precepts, notes, etc. including copies thereof to be filed in Election Petitions shall be either printed or type-written neatly legibly with sufficient space between lines on strong and durable foolscap size paper or on a size of paper nearest to the foolscap size according to metric measure, with a margin of not less than 5 cms. Where such petitions etc., as aforesaid consist of more sheets than one, they shall be stitched in book-form. 4. Every election petition shall in addition to the contents required by the Act, contain information as to the date of election of the returned candidate or if there be more than one returned candidate at the election and the dates of their elections are different, the later of the two

dates and shall also show that the election petition is within time as prescribed in Section 81 of the Act. 5. The election petition along with the necessary copies may be presented at any time during the Court hours. Immediately after it is presented, the date of presentation shall be endorsed thereon, and the petition shall be entered in the special register maintained for the registration of election petition. 6. After the petition is presented, the party or advocate shall be asked to attend the office on the third day from the date of the presentation to remove objections, if any. An undertaking in writing will be obtained from the party or advocate to remain present in the office on the date appointed. The petitioner shall furnish his address preferably in Delhi or Simla, as the case may be, where any communication may be addressed to or served on him. 7. The office shall examine the petition with a view to see whether it is in conformity with the requirements of law and the rules, applicable to the same, and if it is not in conformity with law and the rules, raise objections which could be removed by the party or the advocate concerned. These objections should be brought to the notice of the party or the advocate on the date fixed for attendance under Rule 6 and such objections shall be removed, subject to the orders of the Court, if any, within two days thereafter. 8. Immediately after the time fixed for the removal of objections has expired, the petition shall be placed before the Court for such order, as may be required to be passed under Section 86 of the Act. If the petition is not dismissed under Section 86(1) of the Act, a summons, on direction of the Court shall be issued to the respondents to appear before the High Court on a fixed date and answer the claim or claims made in the petition. Such date shall not be earlier than three weeks from the date of the issue of the summons. The summons shall be for written statement and settlement of issues. 9. Those of the respondents who file written statements or recriminatory statement, as provided under Section 97(2) of the Act shall also furnish copies of such written-statements and recriminatory statements for the use of the petitioner and other respondents, as the case may be. Where a recriminatory statement under Section 97(2) alleges any corrupt practice, the statements shall be accompanied by an affidavit in support of the allegation of such corrupt practice and the particulars thereof. 10. Within seven days of the settlement of issues or such further time as the Court may grant, parties shall file a list of witnesses. 11. Parties may also produce witnesses without a summons on the date of the hearing, provided they have filed a list of the same, as required under Rule 10. 12. Except where otherwise ordered by the Court:

(a) All summons, notices, orders or other documents required to be given to or served on a party or persons, who resides within the jurisdiction of this Court, shall be served on such party or person or on his agent or advocate. (b) Service of any summons, notice, orders, or other document upon a person, may ordinarily be effected by post a copy of the document required to be served in a pre-paid envelope registered for acknowledgement addressed to the party or his agent empowered to accept service at the place where the party or his agent resides or carries on business or personally works for gain. (c) Notwithstanding anything hereinabove contained in clause (b), the Court may direct in a particular case that the service shall be effected in the manner provided by the Code for service of summons. (d) Unless the contrary is proved, a document served by post shall be deemed to be served at the time at which it would be delivered in the ordinary course of post. 13. Process fee for issue or endorsement of summons on notices shall be Rs. 3/- per person. 14. A party applying for a summons to a witness shall be required to deposit at the time of applying for summons a sum sufficient to cover the travelling allowances the diet allowance, and the local conveyance allowance of the witness according to the scale given under Rule 15. Payment shall be made to the witness out of amount so deposited after the witness has given evidence or he is discharged by the Court. 15. Travelling allowance for the journey from the place of residence to the place where evidence is required to be given and back to the place of residence, diet allowance, and local conveyance allowance shall be paid to the witnesses according to the scale indicated below subject to the conditions indicated in the notes thereunder
Class of Witness 1 CLASS I Professional men of high position, Members of Parliament and of the State Legislatures, large land owners/owners of big business organisations, and Class I Government officials who are required to attend in their private capacity. First Class Rail fare or where the journey is performed by road, @ 0.32 Paise per kilometre. Rs. 20/per day. Actual taxi or carriage fare each way from the place where he is put up to the place where he is required to give evidence. Travelling Allowance 2 Diet Allowance 3 Local Conveyance Allowance 4

CLASS II Members of Local Bodies, ordinary professional and business men, land owners, other than small farmers; officer employees in business organisations Corporations and local bodies and Class II Government Officers who are required to attend the Court in their private capacity. CLASS III Artisans, Clerks, small land owners, village officers, and employees in lower grades of Corporations, local bodies and business organisations and Class III Government Servants who are required to attend the Court in their private capacity. CLASS IV Labour, petty shop-keepers, pedlars and persons other than those in the above classes and class IV Government servants who are required to attend the Court in their private capacity. Third Class Rail fare or bus fare. Rs. 4/per day. Actual bus fare each way. Second Class Rail fare or bus fare. Rs. 8/per day Actual bus fare each way. Second Class Rail fair or where the journey is performed by road at 18 paise per kilometre. Rs. 12/per day Actual Taxi or carriage fare each way from the place where he is put up to the place where he is required to give evidence.

Note 1In the case of Experts and professional persons and in cases in which the Court thinks special rates should be awarded, the Court may award higher rates of diet allowance than provided for in this scale. Note 2In cases not fully or clearly covered by this scale or in cases where the Court thinks special considerations should prevail the Court shall award such amounts for travelling allowance, diet allowance, and local conveyance allowance as deems proper. 16. As soon as an order is passed by the Court under Sub-section (2) of Section 109, or under clause (b) of sub-section (3) of Section 10 or under sub-section (2) of Section 112, or under Section 116 directing any matter to be published in the Official Gazette, or otherwise than in the Official Gazette, the office shall get the same published at the cost of such of the parties as the Court shall direct in that behalf. The matter directed to be published in the Official Gazette shall be published in the Government Gazette. 17. As soon as an election petition is dismissed by the High Court under sub-section (1) of Section 86, or the same has been finally disposed of on merits as provided for under Section 98

and 99, or the High Court passes an order under sub-section (1) of Section 116-B, the office shall intimate the order or the decision of the High Court (i) to the Election Commission, and (ii) the Speaker or the Legislature concerned; and thereafter, as soon as possible, it shall also forward to the Election Commission an authenticated copy of the judgment and the formal order of the Court. The office shall also report to the Election Commission when an election petition is allowed to be withdrawn under Section 111 after orders are passed in that behalf by the High Court. Where an election petition abates and no attempt has been made for substituting another person for continuing the said petition as provided under Section 116, and the Court passes a final treating the petition as abated, the office shall also report to the Election Commission. 18. A diary or index of proceedings showing the course of the election petition form the beginning to the end in chronological order shall be maintained in each election petition. 19. Application in the petitionAll applications in each Election Petition shall be separately recorded in a register maintained for the purpose. The record in respect of each election petition shall have the following columns: Register of Applications In the matter of Election Petition No. . . . . . . . . . . . . . . Serial No. of application in the Election petition 1 Date of presentation Nature of application Date and substance of final order 4

When an application is filed, the same shall be placed before the Court as part of the election petition for passing necessary orders. 20. Applications made to the Court in a pending election petition shall be styled as Application in Election Petition No . . . . . . . . . . . . . . . . . . . of 19 . . . . . . . 21. Advocates(a) An advocate intending to act for a party shall file a Vakalatnama signed by the party. (b) Advocates filing their vakalatnamas in petitions filed at Simla shall give their office address at Simla and advocate appearing in petitions filed at Delhi shall give their office address in Delhi. All notices, processes, etc., shall be served on the advocate at the office address given by

him, unless the Court otherwise directs. Such service will be regarded as proper service on the party. 22. A party will be entitled to advocates fees at such amount as may be fixed by the Court. 23. CostsThe Security for costs shall be paid in cash. The amount shall be deposited with the Cashier during the hours in which the cash business of the office is conducted. The amount so deposited shall be credited to the Civil Court Deposit Account. A separate Ledger-folio shall be opened in respect of each party, and all receipts, and payments made on behalf of the party shall be entered in it. Receipts shall be issued by the Cashier for all amounts received from the parties. 24. MiscellaneousNo document in any language other than English shall be admitted in evidence unless it is accompanied by an English translation which shall either be the official translation or be a translation the accuracy of which is certified by an advocate of the High Court. Costs of the translation shall be at the discretion of the Court. 25. All rules of the High Court applicable to the preparation of the transcript of the record for the use of the Supreme Court in an appeal to that Court arising from a decree of the High Court in a Civil Appeal shall apply mutatis mutandis to the preparation of the transcript of the record for the use of the Supreme Court in an appeal to that Court arising from a decision of the High Court in an election petition, subject, however, to the provisions of the Act and the rules which the Supreme Court may make in that behalf. 26. Where no specific provision is made in the Act or in these rules, the provisions of the Code shall apply. 27. Notwithstanding anything contained in these rules the Court may in appropriate cases excuse any party from compliance with any of the requirements of these rules and give such directions in the matter as may be necessary in the ends of justice.
Part I RULES UNDER SECTION 64 OF THE ESTATE DUTY ACT, 1953 (Act No. 34 of 1953)
Part I]

Rules made by the High Court under Section 64 of the Estate Duty Act, 1953 (Act No. 34 of 1953), published in Punjab Gazette, Part III, dated 24th January, 1958, as High Court Notification No. 7- Misc./XVI-A. 114, dated the 11th January, 1958, and as amended by this Court Notification No. 317-Misc./XVI.A. 114, dated the 5th November, 1959. 1. Short title and commencementThese rules shall be called the Estate Duty Rules, 1957, and shall come into force from the date of their publication in the Punjab Gazette. 2. DefinitionIn these rules, unless the context otherwise require, (a) Act means the Estate Duty Act, 1953, as amended from time to time.

(b) The Court means the High Court for the State of Punjab. (c) Register means the Registrar of the High Court for the State of Punjab and includes the Deputy Registrar and Assistant Registrar, Circuit Bench at Delhi. (On the Formation of Delhi High Court, Circuit Bench at Delhi has since discontinued). 3. Registration of reference(a) A reference under Section 64(1) of the Act, stating a case for the opinion of the Court shall be registered as an Estate Duty reference. (b) Every case stated by the Board shall, as far as possible, be divided into paragraphs, numbered consequently and shall set out the facts of the case, the determination of the Board and the point of law arising therefrom as stated by the party in his application under Section 64(1) of the Act and as framed by the Board. 4. Documents to accompany reference(a) the Board shall, together with the reference, submit the following documents: (i) A copy of the order of the Controller. (ii) A copy of the memorandum of appeal to the Board. (iii) A copy of the order of the Board. (iv) Copies of such records as in the opinion of the Board may be necessary for the consideration of the reference. (b) The Board shall also submit ten printed copies of the reference and its enclosures. 5. Admission of the referenceThe Registrar shall admit the reference and cause notices to be served on the parties intimating the date of hearing of the case. 6. Application under Section 64(2)An application under Section 64(2) of the Act, for requiring the Board to state a case for the opinion of the High Court shall be registered as an Estate Duty Case. It shall be accompanied by two copies, one of which shall be certified copy of each of the following documents: (i) The order of the controller. (ii) Memorandum of appeal to the Board. (iii) Order of the Board under Section 63(2) of the Act. (iv) Application to the Board under Section 64( 1) of the Act. (v) The order of the Board refusing to refer the case.

(vi) Any other papers or documents which the applicant considers necessary for the disposal of the applications provided that the documents mentioned in clauses (i), (ii) and (iii) above shall not be necessary in a case falling under Section 64(2)(b) of the Act. 7. Contents of the applicationSuch application shall set out in concise from the material facts giving rise to the alleged question, or questions of law that are required to be stated by the Board. 8. Filling of certificate of the Board when application has not been withdrawn(a) the applicant shall, along with the application file a certificate from the Board to the effect that he has not withdrawn his application for reference under Section 64(1) before the Board. (b) where no such certificate is filed, the application shall separately apply to the Court for exemption from filing a certificate. 9. Filling copies of documents accompanying application under Section 64(2) of the Act The applicant shall, within three weeks of the date of admission of his application file ten printed copies of the documents mentioned in Rule 6, for the preparation of paper-books for the Judges and the parties unless the Court directs otherwise. 10. Failure to supply copiesIf the party fails to file the printed copies as required by Rule 9 within the period prescribed, the case shall be laid before the Court and the Court may dismiss the case for non-prosecution. 11. Preparation of paper-booksIf the Court orders in any case the preparation of paper-books in office, the provisions of Rule 12, Chapter 8(a) of the High Court Rules and Orders, Volume V, shall apply mutatis mutandis. 12. Motion hearing of applicationsAn application under sub- section (2) of Section 64 of the Act shall be laid in motion before the appropriate Bench, notice of which shall be given to the applicant or his counsel. The Court may either reject the application summarily or admit it. 13. Service of noticeService of notice contemplated in these rules shall be deemed sufficient, if made on counsel for the party. 14. Description of partiesIn references under Section 64(1) of the Act and in applications under sub-section (2) of Section 64 of the Act, the controller shall be shown as the Petitioner or the respondent as the case may be. 15. Bench hearing the casesAll matters, coming before the Court under Section 64 of the Act shall be heard by a Division Bench of two Judges, the Chief Justice orders that any particular matter shall be heard by a large Bench. 16. Judgment or order to be certified to the Board. A copy of the judgment, or order shall be sent to the Board under the seal of the Court and the signature of the Registrar.

17. Where in pursuance of an order made under Section 64(2) of the Act, the Board states the case for the opinion of the Court, the same procedure as is prescribed for reference under Section 64(1) shall be followed but it shall not be necessary for the Board to submit along with the reference, the documents mentioned in Rule 4(a).
Part J]

Part J RULES UNDER SECTION 4(E) OF POWERS OF ATTORNEY ACT, 1882

[NoteThis new Part has been added by Punjab & Haryana High Court in 1970, so this is not applicable to Delhi High Court.] 1. Part A amended by Notification No. 140/Rules, dated 18-12-1973 by Delhi High Court. 2. Framed by Delhi High Court vide Notification No. 21 Dated 28-4-67, published in Delhi Gazette, Part II, Section
18 dated 18-5-67.

3. Vide Act No. 53 of 1970, Himachal Pradesh was declared as a State. So Himachal Pradesh has now separate High
Court.

CHAPTER 2
Ch. 2

Guardians and Wards

Part A

Part A GENERAL

1. Sub-Judges empowered to try cases under the ActUnder Section 4A(1) of the Guardians and Wards Act, 1890, as amended by Act IV of 1926, the High Court may, by general or special order, empower any officer exercising original Civil Jurisdiction subordinate to a District Court, or authorise the Judge of any District Court to empower any such officer subordinate to him, to dispose of any proceedings under this Act transferred to such officer under the provisions of this section. The Honble Judges have decided that with a few exceptions all the work under the Guardians and Wards Act should be entrusted to a Special 1 Class Sub-Judge in each district. 2. Minors interest is the main consideration in appointing guardiansIn appointing guardians, Courts should work on the principle that the interest of the minor is the main consideration (Section 7). Very often it will be found that an application for the appointment of a guardian has been made in the interest not of the minor but of the applicant, especially when the application is for the guardianship of an unmarried girl. 3. Discretion of Court in appointing a guardian and issuing notices of application It does not follow that because an application is made for the appointment of a guardian, one must necessarily be appointed. Every application for guardianship should be laid at once before the Judge, who should only issue notice if he is satisfied after examination of the applicant (except when the applicant is the Collector) that there is ground for proceedings on the application under Section 11 of the Act, and even then, he should exercise a careful discretion as the persons to whom notice should be issued [Section 11(1)(a)(iv)]. It should also be noted that in certain cases a guardian cannot be appointed under the Act (Section 19). In appointing a guardian the Court shall be guided by the provisions of Section 17. 4. Reasons for rejecting an application in limine should be recordedIf any application is rejected in limine the Court must give its reasons for rejection as an appeal lies under Section 47(a) of the Act. 5. No need to appoint a guardian of a deceased military servant for purposes of pension Court should not appoint a guardian, under the Guardians and Wards Act, merely in order to

enable the heir of a man who has died in military service to draw a pension. A certificate signed by a Revenue Officer of or above the rank of a Naib-Tahsildar is accepted as sufficient authority for the payment of such pensions to de facto guardians. 6. Petty cases, proceedings should terminate appointment of guardianBy Rule 8 of the rules framed under the Guardians and Wards Act, 1890, accounts are required (vide Part B of this Chapter) from guardians only when the annual income of the estate is likely to exceed Rs. 500 and in other cases only if the Court thinks fit to order. Having regard to the petty sums involved in the vast majority of cases, it should be the rule and not the exception that the latter class of proceeding should terminate with the appointment of the guardian. Continuous control is desirable only in the case of large properties. 7. Forms of Bank account for current expensesAttention is drawn to Rule 13 of the rules framed under the Guardians and Wards Act, 1890 (vide Part B of this Chapter). With respect to money required for the current expenses of the estate and of the wards maintenance, which is not to be invested, that rule lays down no restriction as to the form of account, i. e., current account, saving account or fixed deposit account in which it may be placed. Such money should be placed in such form of Bank account as will be to the best interest of the minor. 8. Restrictions regarding withdrawal from Bank accountWhen permitting the opening of an account in a Bank, the Court may direct that no withdrawal should be made by the guardian from the account except under the orders of the Court. If such restrictions are imposed on the powers of a guardian, they should be embodied in the guardianship certificate; or if a separate order to this effect is recorded, an attested copy of it should be forwarded to the Bank for registration alongwith an attested copy of the guardianship certificate. The Court should see in particular that the amounts kept in the Bank are no larger than are sufficient for current expenses and that all surplus money is invested in accordance with Rule 13 of the rules framed under the Guardians and Wards Act, 1890, (vide Part B of this Chapter). 9. Cases in which money for current expenses are to be deposited in treasuryIn case falling under Rule 14, money required for current expenses must be deposited in the treasury and the surplus money invested in Government Promissory Notes as laid down therein. 10. Pass books etc. to be kept by guardianAll pass books, Government Promissory Notes and Post Office Cash Certificates relating to Accounts of minors should be kept by their guardians and inspected by the Court at least once a year.
Part B

Part B RULES

Rules made by the High Court with the approval of the State Government under the power conferred by Section 50 Sub-section (1), clause (j), of the Guardians and Wards Act, 1890, for the guidance of Court in carrying out the purposes of the Act).

1. Application for appointment of a guardian shall be in Form AApplications for the appointment of a guardian of the person or property, or both, of a minor under Section 10 of the Act shall, subject to such variation as the circumstances of each case may require, be in Form A annexed to these rules. 2. Notice required by Section 11 shall be in Form BThe notice required by Section 11 of the Act shall be in Form B annexed to these rules. 3. Form and time for filing statement of property and debts. Further statements when to be put inThe statement showing the property and the debts of a ward, as required by clause (b) of Section 34 of the Act, shall be in Form C annexed to these rules. Only one such statement shall ordinarily be exhibited by the guardian, on or before such date, subsequent to the assumption of guardianship, as the Court may fix, unless for any special reason, to be recorded in writing the Court shall subsequently think it necessary to call for another statement or statements. The guardian shall, however, inform the Court of any subsequent accrual of property to the minor, e. g., by inheritance, etc., and submit any statement with respect to it that may be called for. The Court shall carefully examine the statements, submitted under this rule and pass any further orders that may appear necessary for the proper management of the property. 4. Guardian Certificate points to be noted thereonWhen a guardian is appointed under the Act, he should be furnished with a certificate of guardianship, in Form F, and his attention should be drawn in particular to the provisions of Sections 26, 27, 28, 29, 32, 33, 35, 36, 39, 44 and 45 of the Act which shall be printed in full on the back of the said certificate. The certificate shall also state any special restrictions imposed by the Court on the powers of the guardian at the time of his appointment. 5. Bonds required from guardiantheir forms and amountExcept in cases in which, for reasons to be recorded in writing, the Court directs otherwise, every guardian of property appointed by the Court (other than the Collector of the District) shall be required to execute a bond, with or without a surety or sureties as the Court may think fit to direct, in a sum not less than the total estimated value of the said certificate. The certificate shall also state any special restrictions. Bonds shall be in Form D annexed to these rules with such variations or modifications as will suit the circumstances of each case. 6. Time to be fixed for filing bonds. Allowance of Guardians and other ordersOrders in respect of (a) the execution, or otherwise, of such bond, and (b) the amount, if any, of the allowance to be paid to the guardian, shall be made by the Court at the time of appointing the guardian, when a bond is required the Court shall fix the time within which such bond is to be furnished and the order of appointment shall be made conditional on furnishing the bond. 7. Entry of application in register No. 2. Cases in which periodical accounts are to be put into be entered in Register E(i) Every application for appointment of a guardian shall be entered in Civil Miscellaneous Register No. 2.

(ii) Every case, in which a guardian of property is appointed and the guardian is directed to file accounts periodically, shall be entered in register No. XXVI (Form E) and the particulars prescribed therein shall be entered from time to time as soon as orders are passed by the Court, or the particulars are available. Cases should be entered in this register chronologically and an alphabetical index thereof given in the beginning of the register. 8. Accounts should be scrutinized once a year in cases of large incomeWhen the annual income of the wards estate appears likely to exceed Rs. 500, and in other cases if the Court thinks fit to so order, the guardian should be directed to submit to the Court once a year and on a fixed date an account of the income and expenditure of the estate together with a list of the property, movable or immovable, sold or purchased, and of the amounts due to and from the ward. Such account shall be scrutinised by the Judge, who should certify that he had done so and should record such remarks thereon as may be necessary. 9. Such cases to be treated as pendingminor to be produced before Court in such cases When a guardian is required to submit yearly accounts to the Court, the case should, until the ward concerned attains his majority, be treated as pending and the ward should be produced before the Court on the dates on which returns have to be furnished by the guardian, such dates to be reckoned as dates of hearing and entered as such in the cause book of the Court. 10. Notice of application under Sections 28 and 29 to be given to persons affected by it When an application is made by a guardian for any of the purposes referred to in Sections 28 and 29 of the Act, the Court should, before disposing of it, cause notice thereof to be given to such persons, whether relatives of the ward or otherwise connected with him, as the Court may consider to be affected by the application. 11. Annual Inspection of Wards by CourtsIn the absence of sufficient reason to the contrary, all male wards should be produced before the Court once a year, and the Court should, so far as is possible, examine their physical, intellectual and moral conditions, and ask them whether they have any remarks to make on the subject of the management of their estates. To facilitate this arrangement the Court should maintain a list of all such wards. 12. Inspection of statements and accounts filed by the guardianAll statements and accounts submitted by a guardian should be kept with the records of the case to which they relate; and may, with the permission of the Court, be inspected by any person legitimately interested in the same, on payment of the ordinary inspection fee. Such statement and accounts and relevant extracts from Audit Notes and objections together with annotated copies of the same and relevant correspondence on the subject, should be kept on part A of the records. 13. Opening of accounts in approved banks in the name of minors for current expenses. Investment of surplus money in Government securitiesWhere the Court deems necessary to direct the guardian to open an account in a bank, the account shall be in the name of the minor through his guardian in the Post Office Savings Bank, or in the State Bank of India, or in any other bank approved by the High Court. If after payment of the current expenses of the estate and

of the wards maintenance, there should be any balance, such balance should be invested by the guardian in Government Promissory Notes, Post Office Cash Certificates, or in any other securities mentioned in clauses (a) (b), (c) and (d) of Section 20 of the Indian Trusts Act. Note 1A list of banks approved by the High Court is supplied to subordinate Courts and additions and alterations made therein are communicated from time to time. Note 2In order to enable a bank to open an account in the name of a minor through his guardian, an attested copy of the guardianship certificate should be supplied to it for registration. 14. (i) In cases in which the wards estate is under the management of Government, in the person of the District Judge, the Collector or other Government officer, surplus moneys may be invested in Government Promissory Notes, purchased through and held in the safe custody of the Reserve Bank of India, in accordance with the procedure laid down in paragraph 110(b) and note 1 to paragraph 101 of Chapter IX of the Government Securities Manual 3rd edition. The income of the estate required for current expenses of the management of the estate, the maintenance, and education of the ward, should be deposited in the treasury. (ii) The deposit of money in a private bank in the name of the District Judge or other Government Officer, as a guardian of a wards estate, is prohibited,Vide Rule 7 et seq. Section V of the Treasury Rules (Punjab). 15. Court may pass order for proper education of the ward in certain casesWhen it appears to the Court, at the annual inspection of the ward or otherwise, that orders are required as to the education of the ward, the Court should pass such orders as appear to suit the case, regard being had to the present position and future prospects of the wards family and the intellectual capabilities of the ward himself. 16. Management of Wards estates to be noted in annual reportThe management of wards estates should be specially noted in the Annual Civil Report submitted by each District Judge and detailed mention should be made of the main facts relating to the more important estates. ______________

FORM A

[In the Court of] In the matter of guardianship of . . . . . . . .son of . . . . . . . .caste . . . . . . . . resident of .. . . . . . . .M
1 2 3 4 5 6 7 8 9

FORM A

[In the Court of] In the matter of guardianship of . . . . . . . .son of . . . . . . . .caste . . . . . . . . resident of .. . . . . . . .M
The name,sex, religion, date of birth, and ordinary residence of the minor Where the minor is a female, whether she is married, and, if so, the name The nature, situation, and approximate value of the property, if any, of the minor. (For details see schedule on reverse The name and residence of the person having the custody or possession of the What near relations the minor has, and where they reside Where a guardian of the person or property or both of the minor, has been appointed by any person entitled or claiming to be entitled by the law to which the minor is subject to make such an appointment Whether an application has at any time been made to the Court to any other Court, with respect to the guardianship of the person or property, or both, of the minor and if so, when to what Court and with what Whether the application is for the appointment or declaration of a guardian of the person of the minor or of his property, or Where the application is to appoint a guardian, the qualification of the proposed guardian

Wh app is to dec pers be a gua the gro on w that clai

FORM A

[In the Court of] In the matter of guardianship of . . . . . . . .son of . . . . . . . .caste . . . . . . . . resident of .. . . . . . . .M
Signature of petitioner or of a person duly authorized by him in this behalf.

The above particulars are true to the except as to matters stated on informa he believes them to be true.

1. The guardian proposed in the above application, do hereby declare that I am willing to act as such.

Attested by (i) Signature of the person verifying

(ii) Signature of the proposed guardian

SCHEDULE TO FORM A

1 Details of property belonging to ward

2 Value

3 Name of persons in present possession of the property mentioned in column 1

(1)

(1)

(2)

(2)

(3)

(3)

(c)

&c

FORM B
Form of Notice under Section 11 of Act VIII of 1890
In the Court of District Judge at

Present Case No . . . . . . . . . . . . of 19 . . . . . .

Petitioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inhabitant of. . . . . . . . . . . . . . . . . . . . . . .

Application for the . . . . . . . . . . . . . of a guardian to the . . . . . . . . . . . . . . . . . . of

1 2

. . . . . . . . . . . . . . . . . . . a minor inhabitant of. . . . . . . . . . . . . . . . . . . . . . . . . . Whereas the petitioner above-named has applied to the . . . . . . . . . . . . . . . . . . . . . . . . the guardian of the2 . . . . . . . . . . . . . . . . . . . . . . of the aforesaid minor, and the . . . . . . . . . . . . . day of. . . . . . . . . . 19 . . . . . . . . . . . has been fixed for the hearing of the application; notice is hereby given to . . . . . . . . . . . that if any other relative, friend, kinsman or well-wisher of the aforesaid minor desire to be appointed or declared as guardian of the 2. . . . . . . . . . . . . . . . . . . . . . . . of the said minor, or desire to oppose the application of the petitioner aforesaid, he should appear personally in the Court on the aforesaid date, and adduce any documentary and oral evidence in support of his claim to such appointment or declaration, or in support of his opposition to the application of the petitioner aforesaid.
3 4

Given under my hand and the seal of this Court, this day of. . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . .

FORM C
AStatement under Section 34 showing particulars in regard to immovable and movable property belonging to . . . . . . . . . . . . . . . . . minor, taken over by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . appointed as guardian under order of the Court, dated . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . Immovable Property Household goods or other property. Supposed 1 value 8

Mo

Serial No.

Land building or vacant side

Particulars

How 2 occupied

Known or supposed 3 value

Profit or rent realizable

Period for which realizable

Jewels, gold and silver

________________________ 1. Here state whether land is nahri, chai or barani, proprietary or occupancy, and as to building whether kacha or pacca, onestoreyed or double-storeyed, etc. 2. Here state whether cultivated through servants or relatives, or let on rent, or cultivated by tenants, and in case of building whether occupied by minor or family let on rent, or hire etc. 3. This will assist the Court in determining the amount of security to be taken from the guardian.

FORM C
BStatement showing particulars as to the debts due to, or by the estate of . . . . . . . . . . . . . . . . minor, for whose property person. . . . . . . . . . . . . . . . has been appointed or declared guardian by order of Court, dated . . . . . . . . . . . . . . . . 19 . . . . . . . . . . .
Debts Due to The Estate of The Minor

Name parentage and residence of debtor

Amount of debts originally advanced

Date of original advance

Date by which wholly repayable

Amount of interest or profit realizable

Date on which reliazable

Date by which limitation expires

Profit in support of debt

5

Name etc., if creditor

Amount received originall

10

FORM D Form of Bond under Section 34 of Act VIII of 1890

Know all men by these presents that I . . . . . . . . . . . . of . . . . . . . . . . of. . . . . . . . in the . . . . . . . . . . . District am 3 held and firmly bound to . . . . . . the District Judge of. . . . . his successors in this office or his or their assigns in the 3 sum of rupees. . . . . . to be paid to the said . . . . . . . District Judge, to his successors in this office or to his or their 3 in the sum of rupees. . . . . . . . . . . . to be paid to the said . . . . . . . District Judge, to his successors in this office or to 4 4 4 4 his assigns and we . . . . . . . of . . . . . . . . . in the . . . . . . . . . District and . . . . . . . . District are jointly and severally 3 held and firmly bound to the said . . . . . . or his successors in office or his or their assigns in the sum of Rupees . . . . 3 . . . . . . . . to be paid to the said . . . . . . . . or his successors in office or his or their assigns for the payment of which 1 said sum of Rupees. . . . . to be faithfully and truly made. I the above bounden . . . . . . . bind myself and my heirs, executors, administrators and representatives and for the payment of the said sum of rupees . . . . . . . we the above5 bounden . . . . . . . . and . . . . . . . . . bind ourselves and each of us jointly and severally and one each of our heirs, executors, administrators and representatives firmly by these parents signed by ourselves and sealed with our respective seals this. . . . . day of . . . . . . . 19 . . . . . . . . .
6

Whereas by an order of the Court of the District Judge of. . . . . . . . . . made on the . . . . . . . . day of . . . . . . . . 19 . . . . 1 . . . . under Section 7 of the Guardians of Wards Act (VIII of 1890) the above-named . . . . . . . . . . . . .has subject of his entering into a

bond in rupees . . . . . . . . . . . . . with . . . . . . . . . . . . . . sureties in

7

been
7

appointed guardian of the property movably and immovably of . . . . . . . . . minor son of . . . . . . . . and whereas the 1 5 said has agreed to enter into the above-written bond and the said . . . . . . . . . . . . . . . . . and . . . . . . . . . . . have 1 agreed to enter into the above-written bond as sureties for the said . . . . . . . . . . . Now the condition of the above1 written bond is such that if the said . . . . . . . . . . . . do and shall justly and truly account whenever called upon to do 8 so for what he may receive in respect of the property of the said . . . . . . . . . . . . and shall carefully observe, perform and obey all orders and directions of the said Court of the District Judge of. . . . . . . . . . . . . . touching of concerning the estate and effects of the said minor and his property and touching and concerning all such money and estates as 2 he said . . . . . . . . . . . shall receive as such guardian as aforesaid and in things conduct himself properly, then the above-written bond or obligation shall be void and of no effect otherwise the same shall remain in full force and virtue. Signed and sealed by the above-named. . . . . . . . . . . . . . . . . . . . . . . . . . . . Seal . . . . . . . . . . . . . . . . . . . . . . . Names of . . . . . . . . . . . . . . . . . Guardian and sureties In the presence of. . . . . . . . . . . . . . . . . . . . seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . seal

FORM E
Statement Relating to the Property of Minor of Annual Income and Expenditure Part IStatement Relating to Property
Serial No. (with corresponding No. of Miscellaneous Register II)
7

Name and description 2 of minor

Date of birth

Name and description of the guardian of person with date of appointment

Name and description of the guardian of property with date of appointment

Date and amount of security bond (if any) taken from guardian

Date fixed for filing of accounts every year

Brief Descri of the prope the minor its estima value

Immovable property

Part IIStatement of Accounts and Abstract of Important Orders

Accounts

Abstract of other Important orders, e.g., u Relating to the Person or P Remarks of the Judge after examination of the accounts Date of order

Year

Date of filing accounts

Brief statement of income, expenditure and balance

FORM F A.Form of Appointment under Section 7 of Act No. VIII of 1890 (Guardians and Wards Act)
Whereas this Court has, under the provisions of Section 7 of Act No. VIII of 1890, been pleased to appoint you,. . . . (or to declare you . . . . . . to be) guardian of ( the property or the person and property) of . . . . . . during the person of his minority, to wit till the day of the month of. . . . . . .19. . . ., subject to the provisions contained in the Act and the rules framed thereunder and particularly those provisions contained in Sections 26, 27, 28, 29, 32, 33, 35, 36, 39, 44 and 45 of the Act aforesaid (which are printed on the back of this certificate) 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 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 ease to be a 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, and shall carry out all orders issued to you by this Court under the aforesaid Act. Given under my hand and the seal of the Court this . . . . . . . . . day of . . . . . . . . 19. . . . . . . . . .

Extracts from the Guardians and Wards Act

26. Removal of the ward from jurisdiction(1) A guardian of the person appointed or declared by the Court, unless he is the Collector or is a guardian appointed by will or other instrument, shall not without the leave of the Court by which he was appointed or declared, remove the ward from the limits of its jurisdiction except for such purposes as may be prescribed. (2) The leave granted by the Court under sub-section (1) may be special or general, and may be defined by the order granting it. 27. Duties of guardian of propertyA guardian of the property of a ward is bound to deal therewith as carefully as a man of ordinary prudence would deal with it if it were his own, and, subject to the provisions of this chapter, he may do all acts which are reasonable and proper for the realisation, protection or benefit of the property. 28. Powers of testamentary guardianWhere a guardian has been appointed by will or other instrument, his power to mortgage or charge, or transfer by sale, gift, exchange or otherwise, immovable property belonging to his ward, is subject to any restriction which may be imposed by the instrument, unless he has under this Act been declared guardian and the Court which made the declaration permits him by an order in writing, notwithstanding the restriction, to dispose of any immovable property specified in the order in a manner permitted by the order.

29. Limitation of powers of guardian of property appointed or declared by the Court Where a person other than a guardian appointed by will or other instrument, has been appointed or declared by the Court to be guardian of the property of a ward, he shall not, without the previous permission of the Court, (a) Mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of his ward, or (b) Lease any part of that property for a term exceeding five years or for any term exceeding more than one year beyond the date on which the ward will cease to be a minor. 32. Variation of power of guardian of property appointed or declared by the CourtWhere a guardian of the property of a ward has been appointed or declared by the Court, and such guardian is not the Collector, the Court may from time to time, by order define, restrict, or extend his powers with respect to the property of the ward, in such manner and to such extent as it may consider to be for the advantage of the ward and consistent with the law to which the ward is subject. 33. Right of guardian so appointed or declared to apply to the Court for opinion in management of property of ward(1) A guardian appointed or declared by the Court may apply by petition to the Court which appointed or declared him, for its opinion, advice, or direction on any present question respecting the management or administration of the property of his ward. (2) If the Court considers the question to be proper for summary disposal, it shall cause a copy of the petition to be served on, and the hearing thereof may be attended by, such of the persons interested in the application as the Court thinks fit. (3) The guardian stating in good faith the facts in the petition, and acting upon the opinion, advice or direction given by the Court, shall be deemed, so far as regards his own responsibility, to have performed his duty as guardian in the subject-matter of the application. 35. Suit against guardian where administration bond was takenWhere a guardian appointed or declared by the Court has given a bond duly to account for what he may receive in respect of the property of his ward, the Court may, on application made by petition and on being satisfied that the engagement of the bond has not been kept, and upon such terms as to security, or providing that any money received be paid into the Court or otherwise as the Court thinks fit, assign the bond to some proper person, who shall thereupon be entitled to sue on the bond in his own name as if the bond had been originally given to him instead of the Judge of the Court, and shall be entitled to recover thereon, as trustee for the ward, in respect of any breach thereof. 36. Suit against guardian where administration bond was not taken(1) Where a guardian appointed or declared by the Court has not given a bond as aforesaid, any person, with the leave of the Court, may, as next friend, at any time during the continuance of the minority of the ward, and upon such terms as aforesaid, institute a suit against the guardian, or, in case of his death, against the representative, for an account of what the guardian has received in respect of the

property of the ward, and may recover in the suit, as trustee for the ward, such amount as may be found to be payable by the guardian or his representative, as the case may be. (2) The provisions of sub-section (1) shall, so far as they relate to a suit against a guardian, be subject to the provisions of Section 440 of the Code of Civil Procedure as amended by this Act. 39. Removal of guardianThe Court may, on the application of any person interested, or of its own motion, remove a guardian appointed or declared by the Court, or a guardian appointed by will or other instrument, for any of the following causes namely (a) for abuse of his trust; (b) for continued failure to perform the duties of his trust; (c) for incapacity to perform the duties of his trust; (d) for ill-treatment, or neglect to take proper care of his ward; (e) for contumacious disregard of any provision of this Act or of any order of the Court; (f) for conviction of an offence implying, in the opinion of the Court, a defect of character which unfits him to be the guardian of his ward; (g) for having an interest adverse to the faithful performance of his duties; (h) for ceasing to reside within the local limits of the jurisdiction of the Court; (i) in the case of a guardian of the property, for bankruptcy or insolvency; (j) by reason of the guardianship of the guardian ceasing, or being liable to cease, under the law to which the minor is subject; Provided that a guardian appointed by will or other instrument, whether he has been declared under this Act or not, shall not be removed (a) for the cause mentioned in (g), unless the adverse interest accrued after the death of the person who appointed him or it is shown that person made and maintained the appointment in ignorance of the existence of the adverse interest; or (b) for the cause mentioned in clause (h), unless such guardian has taken up such a residence as, in the opinion of the Court, renders in impracticable for him to discharge the functions of guardian. 44. Penalty for removal of ward from jurisdictionIf, for the purpose or with the effect of preventing the Court from exercising its authority with respect to a ward, a guardian appointed or declared by the Court removes the ward from the limits of the jurisdiction of the Court, in

contravention of the provisions of Section 26, he shall be liable, by order of the Court, to fine not exceeding one thousand rupees, or to imprisonment in the civil jail for a term which may extend to six months. 45. Penalty for contumacy(1) In the following cases, namely, (a) if a person having the custody of a minor fails to produce him or cause him to be produced in compliance with a direction under Section 12, sub-section (1), or to do his utmost to compel the minor return to the custody of his guardian in obedience to an order under Section 25, subsection (1); or (b) if a guardian appointed or declared by the Court fails to deliver to the Court, within the time allowed by or under clause (b) of Section 34, a statement required under that clause, or to exhibit accounts in compliance with the requisition under clause (c) of that section, or to pay into the Court the balance due from him on those accounts in compliance with a requisition under clause (d) of that section; or (c) if a person who has ceased to be a guardian, or the representative of such a person, fails to deliver any property or accounts in compliance with a requisition under Section 41, sub-section (3), the person, guardian or representative, as the case may be, shall be liable, by order of the Court, to fine not exceeding one hundred rupees, and in case of recusancy to further fine not exceeding ten rupees, for each day after the first during which the default continues, and not exceeding five hundred rupees in the aggregate, and to detention in the civil jail until he undertakes to produce the minor or cause him to be produced, or to compel his return, or to deliver the statement, or to exhibit the accounts, or to pay the balance, or to deliver the property or accounts, as the case may be. (2) If a person who has been released from detention. on giving an undertaking under sub-section (1) fails to carry out the undertaking within the time allowed by the Court, the Court may cause him to be arrested and recommitted to the civil jail.
B.Certificate of Administration under Act VIII of 1890

I. . . . . . . ., Judge of the . . . . . . District, do hereby make known that on the, . . . . . . . . . day of. . . . . 19. . . ., a certificate of administration of the property of. . . . . (Place) . . . . . a minor subject to the jurisdiction of this Court under Act VIII of 1890, was granted by me to . . . . . . . of (Place) . . . . . he having undertaken to administer the same on behalf of the abovenamed. 2. I do further make known that the said . . . . has been appointed guardian, under Act VIII of 1890, of the person of the above-named minor. Given under my hand and the seal of the Court, this day of 19 . . . . . . .
Judge of the. . . . . . . . . . . . District.

NoteThe holder of this certificate is empowered, Act VIII of 1890, to exercise the same power in the management of the estate as might have been exercised by the proprietor if not a minor and may collect and pay all just claims, debts or liabilities due to or by the estates : but he has not power to sell or mortgage any immovable property, or to grant a lease thereof for any period exceeding five years without an order of the Court previously obtained. Clause 2 of the certificate will be omitted unless the Court sees fit to appoint some person to be administrator of estate and guardian of the minor.
Part C

Part C RULES

(Rules made by the High Court with the approval of the State Government, under the powers conferred by Section 50, sub-section (i) clause (ff) of the Guardian and Wards Act, 1890, regarding the levy of fee for the audit of Guardians and Wards Accounts). (1) In order to meet the cost of audit of the guardians and minor accounts by Government, the Court shall require the guardian to credit one per cent of the estates income into the treasury under the head XLVIMiscellaneousProvincial fees for Government Audit. The audit fee thus credited and supported by the treasury challan shall be incorporated in the account of the estate concerned submitted to the Court annually by the guardian under Rule 8 of Chapter 2B, High Court Rules and Orders, Volume II. The Court will not pass accounts unless it is satisfied that requisite audit fee has been duly credited into the treasury. (2) The guardianship Judge is authorised to waive recovery of audit fee up to a limit of Rs. 10 in each case, if he is satisfied that it cannot conveniently be recovered or that the cost of its recovery is likely to exceed the amount to be recovered. All cases of non-recovery of audit fee exceeding Rs. 10 must be reported to the Court. These rules were enforced with effect from the 1st April 1944. (High Court Notification No. 66. R/XV-B-8, dated the 20th April 1945). NoteThe rules contained in this part do not apply to Delhi State Fees for the audit of the guardians and minors accounts in Delhi are charged according to the daily rates fixed by the Government of India for the audit of non-Government funds. (Chief Commissioner, Delhis Letter No. 4(23)-A/45 General, dated the 13th July, 1945). ______________ 1. Appointment of declaration as the case may be. 2. State whether to the person or the property of the minor, or to both.

3. Appointed or declared. 4. Name of person in case of notice under clause (a) of section 11 of the public in case of general notice under
clause(b).

5. Whether registered or mortgaged bond or deed or book account etc. 6. Name of guardian. 5. Names of sureties.
2. Parentage etc. and the residence of the guardian. 6. Number of sureties. 3. Name of District Judge. 7. Name of and parentage of minor. 4. Name Parentage, etc. and residence of sureties. 8. Name of minor.

7. Corresponding number of the case in the Miscellaneous Register should be given in red ink. 8. Give fathers name, case and residence.

CHAPTER 3
Ch. 3, 4, 5

Investment of Trust Money

Rules made by the High Court, under the powers conferred by Section 20, clause (f) of the Indian Trusts Act, 1882, authorising the investment of trust moneys. Rules

Trust money may be invested in debentures issued by Port of Bombay TrustIn accordance with the powers contained in Section 20, clause (f), the Indian Trusts Act, 1882, it is declared that trust property, consisting of money, may be invested in debentures issued by the Trustees of the Port of Bombay under the Bombay Port Trust Act (Bombay VI of 1879), until further orders. ______________

CHAPTER 4

Insolvency Proceedings [Omitted]

______________

CHAPTER 5

Administrative Instructions in Insolving Cases [Omitted]

______________

CHAPTER 6
Ch. 6

Probate, Administration and Succession Certificates

Part A

Part A PROBATE AND ADMINISTRATION

1. Reference to Indian Succession Act, 1925The present law of Probate, Administration and Succession Certificates is contained in Indian Succession Act of 1925, as amended. The references below are to the Act of 1925. 2. Inventory of property and assets and debts and accounts to be put inA person to whom a grant of Probate or Letters of Administration is made is required to file a full and true inventory of the property and credits of the estate and of all the debts owing by any person in Court within six months, or such further time as the Court may allow from the date of the grant and to render accounts within one year, or such further time as the Court may allow (Section 317). 3. Form for grant of Probate and Letter of AdministrationThe form in which the grant of Probate is to be made will be found in Schedule VI to the Act and that for the grant of Letters of Administration in Schedule VII. 4. Copy of Section 317 prescribing penalty for not filing inventory and accounts to be givenThe duty of an Executor or Administrator in regard to the exhibiting of an inventory and account and the penalty to which such Executor or Administrator becomes liable for omission to comply with the requisition is detailed in Section 317 of the Act, and this section is printed in small type at the foot of the form of grant prescribed by the High Court (Form 176). If for any reason the printed form is not used a copy of Section 317 should be delivered to the person receiving the grant so that there may be no excuse for failure to comply with the requirements of law. 5. Probate or Letters should be surrendered on revocation of grantSection 296 provides that when a grant is revoked of annulled under Section 263 the Probate or Letters of Administration must be surrendered to the Court by the person to whom they were granted and a penalty is prescribed for failure to comply with this requisition. 6. Case in which probate or Letters are conclusive in another StateIn respect of estates in which the value of the property affected beyond the limits of the State does not exceed Rs. 10,000 and the deceased at the time of his death had his fixed place of abode within the jurisdiction of a District Judge the grant of Probate or Letters of Administration by the District

Judge has effect, unless otherwise directed by the grant, throughout the other State. (Section 273). 7. Procedure where Probate or Letters have to take effect in other State(s)Section 274 of the Act prescribes the transmission to High Court and District Judges of certificates of grants having effect in other State(s). 8. Amount and locality of assets beyond the State to be statedSection 276 and 278 of the Act require applicants to state the amount and locality of assets situated outside the State. 9. Applicants to State in some cases whether Probate or Letters have been applied for elsewhereSection 270 requires applicants, in certain cases, to state whether or not application for Probate or Letters of Administration has been made to any other Court. 10 Case where copy of citation to be issued outside StateSection 283 directs the issue of a copy of the citation outside the State to the District Judge in whose jurisdiction the property is situated. 11. Inventory to include property in any part of India in certain cases Section 318 directs that in cases of the nature described in that section, the executor or administrator shall include in the inventory of the effects of the deceased all his movable and immovable property situated in India. 12. Certificate where Probate or Letters are effective throughout IndiaWhen a grant of Probate or Letters of Administration is made, and it is intended that the grant is to have effect throughout India, a certificate in the following terms should be endorsed at the foot of such grant, viz.,: Certified that the value of the property affected beyond the limits of the [. . . . . . . . . . . . . ] by the foregoing grant does not exceed ten thousand rupees. (Sd). . . . . . . . . . . . . . . . . . . . . . . District Judge 13. Rules framed under Sections 223 and 226 of the ActIn exercise of the powers conferred by Sections 223 and 226 of the Indian Succession Act, 1925 (XXXIX of 1925) the Central Government is pleased to make the following rules: 1. In these rules (a) Share capital includes stock; and (b) Trust business means the business of acting as trustee under wills and settlements and as executor and administrator.

2. The conditions to be satisfied by a company in order to render it eligible for the grant of probate or letters of administration under the Indian Succession Act, 1925, shall be the following namely: (1) the Company shall be either (a) a company formed and registered under the Indian Companies Act, 1913, or under the Indian Companies Act, 1866, or under any Act or Acts repealed thereby, or under the Indian Companies Act, 1882, or a company formed under any other Act of the Governor-General in Council or of the Indian Legislature, or (b) a company constituted under the law of the United Kingdom of Great Britain and Northern Ireland or any part thereof, and having a place of business in British India, or (c) a company established by Royal Charter and having a place of business in British India.
1

(2) The company shall be a company empowered by its constitution to undertake trust business. (3) the company shall have a share capital for the time being subscribed of not less than (a) Rs. 10 lakhs in the case of a company of the description specified in sub-clause (a) of clause (1) and (b) 100,000 in the case of a company of the description specified in sub-clause (b) of clause (1) of which at least one-half shall have been paid up in cash: Provided that the Central Government may exempt any company from the operation of this clause. (Government of India Notification No. F. 349/32-Judl., dated the 17th January, 1933 as modified by Government of India Notification No. F. 242/35, dated the 27th March,1935).
Part B

Part B SUCCESSION CERTIFICATES

1. IntroductoryThe following instructions are issued regarding the grant of certificates for the collection of debts on succession which previously were dealt with under the Succession Certificate Act, 1889. The provisions of that Act are now incorporated in the Indian Succession Act, 1925. 2. Sub-Judges empowered to grant certificateall Subordinate Judges of the first and second class have been invested with the functions of a District Court for the purposes of granting succession certificates by Punjab Government Notification No. 781, dated 15th July 1914, which continues to be in force(vide General Clauses Act, 1897, Section 24).

Application under Part X of the Indian Succession Act, 1925, will usually by dealt with by subordinate Judges and appeals from their orders granting, refusing or revoking certificates will lie to the District Judge. When a District Judge finds it necessary to deal with any application under the Act as an original Court the appeal will lie to the High Court under Section 384, subsection (1) of the Act. 3. Succession Certificate, etc., should be obtained by the heir for recovery of debts to a deceased personTurning to the procedure prescribed by the Act the following points should be borne in mind (a) A Civil Court is prohibited in all cases from passing or executing a decree in a suit by or upon the application of a person claiming to be entitled to recover a debt or decree in favour of any person deceased, without the procedure of a probate or letters of administration, or a succession certificate granted under the Succession Certificate Act of 1889, or the Indian Succession Act of 1925, or a certificate granted under the Administrator-General Act, III of 1913. In this connection attention is also drawn to the provisions of Order VII, Rule 4, of the Code of Civil Procedure, as to plaintiffs suing in a representative character. The grant of a probate, letters of administration or a succession certificate is not, however, an essential condition precedent to the institution of a suit, but the requisite probate, letters or certificate must be produced before the passing of a decree. In the case of a Joint Hindu Family when property passes by survivorship, no succession certificate is necessary (cf. 20 P. R., 1901). (b) Definition of debtThe word debt as used in Section 214, sub-section (1), is defined to include any debt except rent, revenue of profits payable in respect of land used for agricultural purposes. The prohibition imposed on the Civil Courts does not therefore extend to Revenue Courts when dealing with suits under these heads [Section 214, sub-section (2)]. There was a difference of opinion amongst the High Courts as to whether a certificate could be granted with respect to a fraction of a debt but now by Act XIV of 1928 grant of such a certificate is made legal. (c) Application for a Succession Certificate to be signed and verified. Its contentsThe particulars to be specified in an application for a certificate are specified in Section 372, and every application requires to be signed and verified in accordance with the provisions of the Code of Civil Procedure applicable to plaints: and sub-section (2) of this Section prescribes the manner of dealing with allegations contained in the application which may be found to be false. As the application now partakes of the nature of a verified plaint, great care should be taken to insist on its being properly and concisely drawn up, and that it is complete in regard to the matters required by Section 372; (d) Manner of inquiry and security to be taken from the grantee of certificateThe proceedings in hearing applications may be summary to some extent, in that intricate questions of law and fact need not be gone into the person having the best title prima facie being granted the certificate. At the same time, the Court is not relieved of the obligation to hear the parties and

take sufficient evidence to enable it to decide who is the person best entitled to a certificate, as well as all other point which may ordinarily be necessary to enable it to dispose of the petition. If the summary power conferred by Section 373 sub-section (3), is followed in any case, the Court is bound to demand security from the person to whom it proposes to grant the certificate as a condition precedent to such grant; (e) Objection to application. Procedure in case of several claimants for a certificatePersons objecting to an application by another person can be heard without themselves becoming applicants, but every person opposing an application who claims a certificate for himself, must file a proper application in the manner prescribed by Section 372. Every such application must be disposed of by a separate order; but the question of right to a certificate among several application will generally be most conveniently heard in a single proceeding between the contending parties; (f) Points to be considered in deciding the cases of rival claimantsIn deciding which of several applicants is entitled to a certificate, it is open to the Court to consider the extent of interest and the fitness in other respects of the several applicants. (g) Application and certificate to contain details of debts and securities. Extension and amendment of the certificateThe debts and securities in respect of which a certificate is applied for must be detailed at length in the application and also in the certificate and the certificate must be limited in terms to the debts and securities specified in the application and also in the certificate[Section 372, sub-section (1), clause (f) and Section 374]. At the same time, the Court is empowered (by Section 376) to extend the certificate, on the application of the holder thereof to any debt or security not originally specified therein, and otherwise to amend the certificate (Section 378). 4. Form and contents of certificateThe particulars required in the certificate are specified in Section 374, and the forms are prescribed by Section 377, and will be found in Schedule VIII. Courts should be careful to see that certificates are properly framed and that all necessary particulars and powers are duly inserted in the first instance, so as to obviate the necessary for subsequent amendment of the certificate. 5. Requisition of security from grant of certificateIt has already been pointed out that, in any case in which a Court proposed to grant a certificate upon summary inquiry, without determining any intricate question of law of fact which may be involved, security must be taken under Section 375, sub-section (1), from the person to whom it is proposed to grant a certificate before it is granted. The same remark applies to action under Section 373, sub-section (4), of the Act, namely, when there are more applicants than one for a certificate, and more than one of them are found to be interested in the estate. It is, however, open to the Court to demand security in any other case. 6. Court-fees in cash on application for a certificate or for its extensionAttention is drawn to the provision as to Court-fees, contained in Section 379 of the Indian Succession Act, 1925. Every application for a certificate or for extension of a certificate must be accompanied by a deposit (to be placed in the treasury, of a sum equal to the Court-fee payable under the Court-

fees Act, viz., 2 per centum on the value of the debts and 3 per centum on debts to which the certificate is extended under Section 376 of the Act(vide Article 2, Schedule 1, of the Court Fees Act, 1870). The amount of Court-fees should be calculated according to the law in force on the date of the application, and it is not affected by any subsequent change in the law. If the application is allowed, the money is to be expanded, under the direction of the Court, in the purchase of the Court-fee stamps required for the certificate when granted. In cases in which the application is rejected, or where an application is allowed, if the sum deposited exceeds the sum eventually required for Court-fees, the deposit or surplus deposit (as the case may be) must be refunded. The application itself is of course only required to bear the usual Court-fee prescribed for such applications. In connection with the question of refund of deposits the attention of all Subordinate Judges exercising powers under the Act is drawn to the ruling published as I. L. R. 21 Mad. 241. Once an application for a succession certificate is granted the sum deposited by the applicant cannot be refunded on the ground that he is unable to furnish security or that the necessity for obtaining a certificate has ceased. The attention of all Commissioners and Deputy Commissioners in the Punjab and the Deputy Commissioner, Delhi, has been drawn to the instructions contained in this rule by the Financial Commissioners, Punjab, and the Chief Commissioner, Delhi, and on the suggestion of the Honble Judges they have issued instructions to all Treasury and Sub-Treasury Officers that in all succession certificate cases the ex officio vendor should issue Court-fee stamps of the required denomination on production of a Revenue Deposit Repayment Voucher from the Court concerned. The procedure to be adopted is that the amount when deposited by the applicant should be credited into the Treasury as Revenue Deposit and re-drawn on Revenue Deposit Repayment Vouchers for the purchase of Court-fee stamps required for the certificate when granted, Courtfee stamps should be purchased direct from the Officer-in-charge of the Treasury or the nearest Sub-Treasury in the name of the applicant, payment being made by Revenue Deposit Repayment Voucher drawn in favour of the Officer-in-charge, and the Officer in-charge should, in turn, credit the amount to government by transfer credit to the appropriate head of account, viz., IXStampsBJudicialSale of Stamps.
COMMENTS Clauses 2 and 3 Section 14 of the Succession Certificate Act, 1889 must be read together. If the application is allowed, i. e., if the order for the grant of a certificate has been made, the sum in deposit becomes at once legally appropriated, as duty, to the extent of the debt covered by the order, and cannot be refunded. In other cases a refund can be made. Sankara Ayyar and Another v. Nainar Mooppanar and Others, (1898) I. L. R. 21 Mad. 241.

7. Extent of certificateA succession certificate under Part X of the Act takes effect throughout India. (Section 380).

8. Revocation of certificateProvision is made in Section 383 for revoking certificates on certain grounds which are specified. 9. Grant of Probate or Letters supersedes succession certificateUnder Section 215, a grant of Probate or Letters of Administration, supersedes a certificate granted under Part X of the Indian Succession Act, 1925, or under the Succession Certificate Act, 1889. 10. Decision in succession Certificate proceedings does not operate as res judicataBy Section 387 of the Act, no decision, given in dealing with an application under the Act, upon any question of right between any parties bars the settlement of the same question by a competent Civil Court. 11. Surrender of the certificate if it is invalid or has been supersededBy Section 389, the holder of a certificate which has been superseded or is invalid from any of the caused mentioned in Section 386 is bound to deliver it up on being required to do so by the Court which granted it, any may be punished for wilfully or without reasonable cause omitting to do so. ______________ 1. These powers have now been transferred to the State Governmentvide the Government of India (Adaptation of
Indian Laws) Order, 1937.

CHAPTER 7
Ch. 7

Preservation of Wills
Part A

Part A RULES

Punjab Government Notification No. 2649-Judicial, dated the 21st January, 1929 as amended by No. 15397-Judicial, dated the 23rd April 1929, and No. 4649-J-41/43006, dated the 31st July, 1941, prescribes the following regulations for the preservation and inspection of Wills, under Section 294 of the Indian Succession Act, 1925. 1. Preservation and custody by District Judge granting Probate or letterEvery District Judge shall file and preserve all original Wills of which probate or letters of administration with the Will annexed may be granted by him. 2. Fire-proof box to be providedFor the preservation of such Wills each District will be supplied with a fire proof box, which shall be kept for safe custody in the Government Treasury, or where the Treasury is situated at a distance from the Court, at such other place as the District Judge considers to be adequately protected in all respect. 3. Action to be taken before depositing the Will in the boxWhen probate or letters of administration have been granted by the District Judge as aforesaid, the Will shall be detached from the file of proceedings relating to the grant of such probate or letters of administration, and after being endorsed with the name of the Testator, the date of the Will, the date of granting probate or letters of administration, the names and description of the persons to whom probate or letters of administration have been granted, the number of the file relating to the Will in the General District Register, and the number of the Will in the Register of Deposited Wills, shall be deposited in the fire-proof box. 4. Register of deposited Wills, IndexThe District Judge shall keep in English a Register of Deposited Wills, which shall be in the following form and shall contain the particulars endorsed on the deposited Wills. An alphabetical index shall be prepared at the end of each year to the entries made in the Register:
Serial No. of Will Number of file in District General Register Date of Execution of Will Date of granting probate or letters of administration Person to whom probate or letters of administration have been granted Name of the testator Remarks

5. Procedure for obtaining inspection of the register-Any person desirous of inspecting the Register of Deposited Will shall be permitted to do so on his presenting an application to that effect to the District Judge. Such application shall be written on a stamp paper of the value of one rupee, and shall set forth the name, residence and occupation of the applicant with his reason for desiring to inspect the Register. 6. Procedure for obtaining inspection of the WillAny person desirous of inspecting a deposited Will shall be permitted to do so on his presenting an application to that effect to the District Judge, accompanied with a fee of one rupee. The application shall be written on a stamp paper of the value of one rupee, and shall set forth the particulars specified in the preceding rule. 7. Hour and manner of inspectionThe inspection of the Register of Deposited Wills or of a deposited Will, may be made between the hours of 11 a. m. and 3 p. m. on every day except authorized holidays, and shall take place in the presence of the District Judge or of an officer exercising the powers of a Subordinate Judge, deputed by the District Judge for the purpose. The applicant shall not be permitted, while making the inspection, to have pen and ink in his possession, but he may be allowed the use of pencil and paper for the purpose of taking notes. 8. Procedure for obtaining copy of the WillAny person desirous of obtaining a copy of a deposited Will shall present an application to that effect to the District Judge, accompanied with a fee of five rupees. Such application shall be written on a stamp paper of the value of eight annas, and shall contain the name, residence and occupation of the applicant, with the interest, if any, which he has in the Will, or his reason for applying for a copy. The copy shall be made at the expense of the applicant, and shall be certified under the seal and signature of the District Judge. 9. Application for inspection of copies to be placed on record and noted in the register of WillsApplications for inspections or copies shall be filed with the proceedings connected with the grant of probate or letters of administration of the Will to which they relate; and in the Register of Deposited Wills an entry shall be made in the column headed Remark Inspected by 19 . . . . . . . . . . . . . . . . . . . . ., or copy given to, as the case may be.

10. Fees realized how to be credited. Expenses how to be metAll fees other than copying fees realised in cash under these regulation should forthwith be credited into the Treasury under the head XXIAdministration of Justice, the expenditure required by the District Judge for the preservation and inspection of the Wills under his custody, may be drawn in the same manner as ordinary contingent expenditure. 11. Foregoing rules also apply to High Court granting probate or lettersThe foregoing rules shall apply mutatis mutandis to Wills of which probate or letters of administration with the Will annexed may be granted by the High Court.
Part B

Part B KEYS OF WILL SAFES

1. Inconvenience and expenses resulting from loss of keysSeveral instances have occurred in which the keys of the iron safes, provided for the custody of Wills in districts, under the rules contained in Punjab Government Notification No. 2649-Judicial, dated the 21st January, 1929, have been lost or mislaid; and in each instance it has been found impossible to fix the responsibility for the loss on any particular officer, as the charge of the keys has not been formally transferred when the changes of District Judges have taken place. Much inconvenience has resulted, and the Government has been put to considerable expense. 2. District Judge on transfer should make over the keys and Treasurers receipt for duplicate to his successorEach safe is provided with duplicate keys one of which should be retained in the custody of the District Judge, the other being placed in a securely sealed cover and deposited in the District Treasury Strong Room, the Treasurers receipt for it being filed in the District Judges Office. When a District Judge is transferred he should make over the key of the safe and the Treasurers receipt for the duplicate to his successor, and record that he has done so on the transfer of charge papers sent to the High Court. 3. Duty of the District Judge to take over charge of the keysThe District Judge for the time being will be held strictly responsible for the key of the safe, and any officer taking over charge of the office of District Judge without taking over the keys, or reporting that they have not been made over, will be brought to account if at any time the keys are not forthcoming and may have to bear the cost incurred by Government in having the safe broken open and in providing a new one. 4. Loss of keys should be reported to High CourtIf a key is lost the fact should at once be reported to the High Court with a full explanation of the circumstances. ______________

CHAPTER 8
Ch. 8

Civil Court Accounts

Part A

Part A GENERAL

1. Responsibility of judicial officers for supervisionThe instruction of the local audit department does not relieve officers of the duty of supervising nazirs, cashiers, or other clerks in regard to their fiduciary connected with the attachment and sale of property, the expenses of witnesses in civil and criminal cases, the disposal of unclaimed property and fines, and the receipts and disbursement of sums paid into Court in execution of decree and miscellaneous civil and criminal proceedings without any sort of check or control on the part of the judicial who are primarily responsible for the due performance by them of these duties. 2. Personal responsibility of officers for loss caused by negligence of law and rule, or supervision-As the Government is responsible for the due application of all property and money received in accordance with law by any Court of Justice, the officer presiding over such Courts must be held directly and personally responsible for any loss caused by failure to observe rules or neglect on their part to exercise supervision and control over the officials subordinate to them in accordance with law and the orders issued by the High Court in regard to the care, custody and disposal of attached or unclaimed property, and to sums paid into Court by litigants and others under the authority or by virtue of the provisions of the Codes of Civil or Criminal Procedure. The fact that security is taken from various subordinate officials under Chapter 18-C, Rules and Orders, Volume I, in no way relieves civil judicial officers from their personal responsibility for the proper treatment and disposal of moneys made over to these officials. An extract of Punjab Government circular letter No. 25070 (Fin.Genl.), dated the 15th July, 1935, to all Controlling Officers in the Punjab is reproduced as follows for general information:
2. The Public Accounts Committee have noted that large sums have been lost through embezzlements and it understands that an examination of the various cases does not show any defect in rules. The inference, therefore is that supervision has been defective. 3. In the circumstances the Central Government desires again to draw attention to the general principles to regulate the enforcement of responsibility for losses sustained by Government through fraud or negligence of individuals issued with Finance Department letter No. 30161-F., dated the 30th September, 1929, and to emphasize the importance which should be attached by all Government officials to the safeguarding of Government money. In particular, Controlling and Disbursing Officers are requested to exercise strict supervision over their subordinates who handle government money as it

is only by such vigilance that the public revenues can be protected and the possibility of frauds minimised.

3. Periodical inspection of accounts: restrictions, i. e., pecuniary transactionsControlling Judicial Officers are required periodically to inspect, in a thorough and complete manner, the various registers and accounts maintained by nazirs, cashiers or other clerks; and every officer presiding over a Court (whether civil or criminal) is further required to have all pecuniary transactions conducted under his personal direction and attested by himself. NoteFor rules affecting the Nazarat under the control of the District Magistrate, see Chapter 10, Punjab District Office Manual. 4. Checking of registers relating to pecuniary transactions by the presiding officersIn order to ensure careful examination of the accounts kept at the Courts at headquarters as well as at tahsils, every officer presiding over a Court (whether civil or criminal) should examine and check the registers of his Court relating to pecuniary transactions and the custody of property, frequently and at least once a month, and should enter his initials and the date, after the last entry found in them. In discharging this duty, it is necessary to have each entry verified by the voucher which has been attested by the Judge and which is required to be placed on the record of the case to which the entry relates. 5. Special attention towards state of registers and accounts of NazirsThe state of the registers and accounts of nazirs, etc., should receive special notice in the reports of inspecting officers. 6. (a) Pecuniary transactions with litigants should be taken up thrice a day For purposes of pecuniary transactions with litigants in respect of the Sheriffs Petty Accounts and Civil Court Deposit Accounts, the rules for which are given respectively in parts D and E of this Chapter, the Officer-in-charge of the Nazarat or the Presiding Officer of the Court as the case may be, should interrupt his Court work daily three times at fixed hours in order to dispose of all pecuniary transactions. (b) Public notice as to monetary transactions CourtNotices in English and Vernacular should be posted on the Courts notice-board warning litigants in respect of deposits in the Sheriffs Petty Accounts and in the Civil Court Deposit Accounts (cash system) that (a) money should only be paid in the presence of the Officer-in-charge of the Nazarat or the Presiding Officer of the Court, as the case may be; (b) incomplete receipts should be guarded against; and (c) receipts are not valid unless signed by the Officer-in-charge of the Nazarat or the Presiding Officer of the Court, as the case may be. In Courts in which the Civil Court Deposit Accounts (voucher system) is applicable, the notices should warn litigants that money will only be deposited by themselves in the local Treasury on

challans given to them by the Court and that the receipts are not valid unless signed by the Treasury Officer. 7. Postal Money OrdersMoney received during absence of the presiding officerThe rules for Sheriffs Petty Accounts and Civil Court Deposit Accounts (cash and voucher systems) provide for the receipt of money in a Court by postal money order. The procedure laid down in those rules must be strictly followed for all postal money orders, as it is with regard to money so received by a Court that defalcation may occur if the procedure is not followed. It is the duty of Presiding Officers of Courts to make adequate arrangements for the receipt of money orders during their absence, and they are responsible for seeing with the least possible delay on their return to duty that money so received during their absence is duly brought to account. 8. Daily checking of Cash-booksBefore leaving office each day, the Presiding Officers of all Courts shall check the cash balances in the hands of the Nazir or cashier and other clerks entrusted with the duty of maintaining accounts of monetary transactions with the cash book or cash books of the Court which such official or officials maintain. They shall sign the books daily in token of check. Separate cash books are maintained as under
Accounts Sheriffs Petty Accounts By whom maintained Civil Nazir, or NaiNazir, or Cashier, as the case may be Ditto Authority Chapter 8-D, Volume II, Rules and Orders,

Civil Court Deposit Accounts Copy Agency Accounts in District and Sessions Courts and Court of Small Causes at Amritsar.

Chapter 8-E, Volume II.

Examiner, or senior copyist where no examiner exists.

Chapter 17, Volume IV, Rules and Orders.

Contd. All other items, e. g., pay of staff, contingencies, etc. Civil Nazir, or NaibNazir, or Cashier, as the case may be. Punjab Government Circular letter No. 42003 (Fin.Genl.) dated the 9th December, 1935, (Article 33-C, Civil Account Code, Volume I).

9. Checking in the Court of District and Sessions JudgeIn the Court of District and Sessions Judge, the Superintendent being the senior ministerial servant is responsible for checking the work of his subordinates, including the Nazir, and for seeing that the accounts are properly maintained and that all financial rules are observed.

Part B

Part B AUDIT

1. Annual AuditThe Sheriffs Petty Accounts, the Civil Court Deposit Accounts (cash system), the Copy Agency Accounts (District and Sessions Judges Courts and Courts of Small Causes), and the accounts of property made over to the Nazir for custody, will be audited as far as possible once a year under the orders of the Accountant-General by the Examiner, Local Fund Accounts or the Examiner, Outside Audit Department as the case may be and a staff of peripatetic auditors. 2. Paper to be placed at the disposal of AuditorsPresiding Officers of Courts should cause to be placed at the disposal of the auditors all account registers, documents, etc., as well as any subsidiary papers which may be required by the audit officers. 3. Audit note to be sent to Court concerned and higher officersThe results of audit will be communicated in printed or typed audit and inspection notes to the Courts concerned, to the District and Session Judge, and to the High Court. 4. Prompt attention to Audit notesPresiding Officers of Courts, the Senior Sub-Judge where he is the immediate controlling officer, and the District and Sessions Judge should deal promptly with these audit and inspection notes. The action taken should be recorded on an interleaved copy or on the margin of the notes. Copies of these annotated notes should be forwarded to the Examiner, Local Fund Accounts or the Examiner, Outside Audit Department as the case may be and to the High Court, through the immediate controlling officers, if any, and the District and Sessions Judge; and a copy should also be kept and produced for the information of the inspecting officer. The objection statement which accompanies the audit and inspection note should, after the objections recorded therein have been replied to, be kept and put up before the auditors at their next visit. 5. Inquiry into embezzlement, loss of property etc. : Report to Accountant-General: Final report to High CourtPresiding Officers of Courts, the Senior Sub-Judge where he is grave irregularity likely to lead thereto, is discovered, enquiries shall be instituted at once by the Presiding Officer of the Court and at the same time a report made to the High Court through the immediate controlling officer, if any, and the District and Sessions Judge. Such cases as involve more than Rs. 200 or present important features which merit detailed investigation or consideration will also be reported by the Presiding Officer through the District and Sessions Judge to the Accountant-General as required by Article 29, Civil Account Code, Volume I. (b) In submitting final reports, the following points will be reported on to the High Court: (1) The exact nature of the defalcation. (2) The full extent of the loss.

(3) The actual period covered by the defalcation. (4) The defects in or neglect of rules by which the loss was rendered possible and the circumstances which facilitated the defalcations. (5) The names of the officials held personally or technically, directly or indirectly, and wholly or partly responsible for the loss and irregularities committed, and the disciplinary action taken or proposed to be taken against each. (6) Whether the case has been tried judicially or not, and if not, why? If so, three copies of the judgment should be forwarded. (7) The remedial measures adopted as safeguards against recurrence of such defalcations or irregularities. (8) The prospects of recovery of the loss. The following circular letters of the Punjab Government, which describe the procedure to be adopted on the discovery of defalcations and the principles for the assessment of personal responsibility, should be carefully followed: Punjab Government, Finance Department, Memorandum No. 30161-F., dated 30th September, 1929. Punjab Government, Finance Department, letter No. 21204 (Fin.Genl.) dated 17th July, 1934. Punjab Government, Finance Department, letter No. 42841 (Fin.Genl.), dated 16th December. 1935. NoteThese letters are reproduced in the appendix to these rules. 6. Irregularities : Refund of money kept out of account not allowedExperience has shown that Presiding Officers frequently fail to take any effective action when irregularities are brought to their notice. There must be a complete investigation of every complaint made to a Presiding Officer. In no case may a subordinate official be allowed to refund money which has been kept out of account without a report to the higher authorities. Any such permission given by a Presiding Officer will be treated as a gross breach of discipline. 7. Destruction of records relating to auditNo records or documents filed in any Courts accounts should be destroyed till a period of one year has elapsed since they were last audited, and if at the last audit any objection or remark was raided in connection with any record or document, such should be retained until the next audit and not be destroyed until one year has elapsed since the removal of the objection originally raised. This does not apply to those records which under the rules of the Court from part of a case and are filed with the Court.

APPENDIX

Memo No. 30161-F., dated 30th September, 1929, from J. D. Penny, Esq., I. C. S; Secretary to Government Punjab, Finance Department, to all Heads of Departments, District and Sessions Judges and Deputy Commissioners, in the Punjab. The Governor of Punjab desires to draw the attention of all officers of Government to the enclosed memorandum embodying the general principle to regulate the enforcement of responsibility for losses sustained by government through fraud or negligence of individuals.
1

2. The Governor 1of Punjab further desires that these principles should be carefully followed by all Government servants under the administrative control of the State Government. A memorandum of general principles to regulate the enforcement of responsibility for losses sustained by Government through fraud or negligence of individuals. 1. Responsibility of officials for loss through fraud or negligence, etc. Means should be devised to ensure that every Government servant realises fully and clearly that he will be held personally responsible for any loss sustained by Government through fraud or negligence on his part, and that he will also be held personally responsible for any loss arising from fraud or negligence on the part of any other Government servant to the extent to which it may be shown that he contributed to the loss by his own action or negligence. The cardinal principle governing the assessment of responsibility in such cases is that every public officer should exert same vigilance in respect of public expenditure and public funds generally as a person of ordinary prudence would exercise in respect of the expenditure and the custody of his own money. While, therefore, Government are prepared to condone an officers honest errors of judgment involving financial loss, provided the officer can show that he has done his best up to the limits of his ability and experience, they are determined to penalise officers who are dishonest, careless or negligent in the duties entrusted to them. 2. Speedy enquiry: Report to higher officers : loan of audit expertIt is of the greatest importance to avoid delay in investigation of any loss due to fraud, negligence, financial irregularity, etc. If the irregularity is detected by audit in the first instance, it will be the duty of the audit officer to report immediately to the administrative authority, concerned. If the irregularity is detected by the administrative authority in the 1st instance, and if it is one which should be reported to the audit officer in terms of Article 29, Civil Account Code, Volume I, he must make that report immediately. Every important case should be brought to the notice of superior authority as soon as possiblethe administrative authority should report to his superior and the audit authority to his superior. Should the administrative authority require the assistance of the audit officer in pursuing the investigation, he may call on that officer for all vouchers and other documents that may be relevant to the investigation and if the investigation is complex and he needs the assistance of an expert audit officer to unravel it, he should apply forthwith for that assistance to Government who will then negotiate with the audit officer for the services of an investigating staff. Thereafter the administrative authority and the audit authority will be personally responsible, within their respective spheres, for the expeditious conduct of the enquiry.

Where account offices exist intermediary between audit and the administrative authority, the account offices will discharge the functions prescribed above for audit, but a report will still be necessary to the audit officer in terms of Article 29 of Civil Account Code, Volume I. 3. Legal advice as to prosecution of the offenderIn any case in which it appears that recourse to judicial proceedings is likely to be involved, competent legal advice should be taken as soon as the possibility emerges. In the case of losses involving a reasonable suspicion of fraud or other criminal offence a prosecution should be attempted unless the legal adviser consider that the evidence available is not such as will secure a conviction. The reasons for not attempting a prosecution should be placed on record in all such cases. 4. Responsibility of superior officer when loss is facilitated by lack of his supervisionIn cases where loss is due to delinquencies of subordinate officials and where it appears that this has been facilitated by laxity of supervision on the part of a superior officer, the latter should also be called strictly to account and his personal liability in the matter carefully assessed. 5. Points to be considered in fixing pecuniary liability of the officers concernedThe question of enforcing pecuniary liability should always be considered as well as the question of other forms of disciplinary action. In deciding the degree of the officers pecuniary liability it will be necessary to look not only to the circumstances of the case but also to the financial circumstances of the officer, since it should be recognized that the penalty should not be such as to impair the Government servants future efficiency. In particular, if the loss has occurred through fraud, every endeavour should be made to recover the whole amount lost from the guilty persons, and if laxity of supervision has facilitated the fraud, the supervising officer at fault may properly be penalised either directly by requiring him to make good in money a sufficient proportion of the loss, or indirectly by reduction or stoppage of his increments of pay. 6. Information to be sent to Accounts Officer and authority competent to sanction pension when an inquiry is in progress in which pensionable Government servant is concerned One reason why it is important to avoid delay (vide paragraph 2 preceding) is that in the course of a prolonged investigation Government servants who are concerned may qualify for pension, and it is held that under the rules as they now stand (measures to rectify this are under separate consideration) a pension once sanctioned cannot be reduced or withheld for misconduct committed prior to retirement. It follows from this that, as a primary precaution, steps should be taken to ensure that an officer concerned in any loss or irregularity which is the subject of an enquiry, is not inadvertently allowed to retire on pension while the enquiry is in progress, and accordingly when a pensionable Government servant is concerned in any irregularity or loss, the authority investigating the case should immediately inform the Accounts or Audit Officer responsible for reporting on his title to pension and the authority competent to sanction pension and it will be the duty of the latter to make a note of the information and to see that pension is not sanctioned before either a conclusion is arrived at as regards the Government servants culpability, or it has been decided by the sanctioning authority that the result of the investigation need not be awaited.

7. Guilty officers in service should not be absolved if others equally guilty have retired The fact that officers who were guilty of frauds or irregularities have been demobilised or have retired and have thus escaped punishment, should not be made a justification for absolving those who are also guilty but who still remain in service. ______________ No. 21204 (Fin.GenI)., dated Lahore, the 17th July, 1934, from A. D. Grindal, Esq., P. C. S., Offg. Secretary to Government, Punjab, Finance Department to all Heads of Departments, Commissioners of Divisions, District and Sessions Judges and Deputy Commissioners in the Punjab.
Subject:Procedure to be Followed in Prosecutions for the Embezzlement of Government Money

I am directed to refer to Punjab Government, Finance Department, Letter No. 30161-F., dated the 30th September, 1929, regarding the general principles to regulate the enforcement of responsibility for losses sustained by Government through fraud or negligence of individuals and to forward a memorandum embodying certain additional instructions to be followed in the matter.
U. O. No. 1212 (FinGenl.), dated 17th July, 1934.

Copy, together with a copy of the enclosure, forwarded to all Administrative Secretaries to Government, Punjab, for information. ______________ Memorandum In the memorandum circulated with the Punjab Government, Finance Department, Letter No. 30161-F., dated the 30th September, 1929, the general principles regulating the enforcement of responsibility for losses sustained by Government through the fraud or negligence of individuals were fully stated. The following supplementary instructions are issued for the guidance of departmental officers, with special reference to cases in which prosecutions in the criminal Courts are, or are likely to be, necessary: (1) Losses to be reported to Audit Officer & Official SuperiorAll losses of the kind referred to in Article 29 of the Civil Account Code, Volume I, must be reported forthwith by the officer concerned, not only to the Audit Officer, but also to his own immediate official superior. Reports must be submitted as soon as reasonable grounds exist for believing that a loss has occurred; they must not be delayed while detailed enquiries are made. (2) Report to be submitted to GovernmentReports submitted under (1) above must be forwarded forthwith to Government through the usual channel with such comments as may be considered necessary. (3) Requisition for investigation by PoliceAs soon as a reasonable suspicion exists that a criminal offence has been committed the senior officer of the department concerned present in

the station will report to the District Magistrate and ask for a regular police investigation under the Code of Criminal Procedure, 1898. (4) Manner of investigationIf the District Magistrate agrees that an investigation may be made, the senior officer of the department concerned present in the station will (a) request the District Magistrate to arrange for the investigation to proceed from day to day, (b) see that all witnesses and documents are made available to the investigating officer; and (c) associate with the investigating officer an officer of the department who is not personally concerned with irregularity leading up to the loss, but who is fully cognizant of the rules and procedure of the office in which the loss has occurred. (5) Procedure for deciding about prosecutionWhen the investigation is completed an officer of department (accompanied by the officer who attended the investigation) must be made available for conferences with the authority who will decide whether a prosecution should be instituted. If it is decided not to prosecute, the case must be reported through the usual channel to Government for orders. (6) Special arrangements for speedy trialIf it is decided to prosecute, the departmental representative will ascertain from the prosecuting officer whether, having regard to the engagements, from the prosecuting officer whether, having regard to the engagements of the prosecuting staff, and the state of work in the Court which would ordinarily hear the case, it is necessary to move the District Magistrate to make special arrangements for a speedy trial, and will request the prosecuting officer to make any application that he may think necessary. (7) Duty of the department concerned to help prosecution agencyWhen the case is put into Court by the Police, the senior officer of the department concerned present in the station will see that all witnesses serving in the department, and all documentary evidence in the control of the department, are punctually produced, and will also appoint an officer of the department (preferably the officer who attended the investigation) to attend the proceedings in Court and assist the prosecuting staff. (8) Steps to be taken for lodging revision or appealIf any prosecution results in the discharge or acquittal of any person, or in the imposition of sentences which appear to be inadequate, the senior officer of the department concerned will at once consult the District Magistrate as to the advisability of instituting further proceedings in revision or appeal, as the case may be, and if the District Magistrate is of opinion that further proceedings are necessary, will request him to proceed as he would in any other case. Only the State Government may, in any case, direct that an appeal be filed from an order of acquittal. In cases instituted on complaint, the complainant can also apply to the High Court for grant of special leave to appeal from such an order. Section 417 of the Code of Criminal Procedure, as amended by Act No. 26 of 1955, should be consulted in this connection. (9) Reports to Government about Police investigation and prosecutionThe senior officer of the department concerned present in the station will see that, in addition to the reports required under

(1), (2) and (5) above, prompt reports are submitted to Government through the usual channel regarding: (a) the commencement of a police investigation; (b) the decision to prosecute in any particular case; (c) the result of any prosecution; (d) the decision to proceed further in revision or appeal in any case; (e) the result of any proceedings in revision or appeal. (10) Reference by department to GovernmentNotwithstanding anything contained in (2)(9) above, the senior officer of the department concerned present in the station may, if he thinks fit, refer any matter through the usual channel for the orders of Government before taking action. No. 42841 (Finl.Genl.), dated Lahore, the 16th December, 1935, from C. M. G. Ogilvie, Esq., C. B. E., I. C. S., Secretary to Government, Punjab, Finance Department, to all Heads of Departments, the High Court, Commissioners of Divisions, District and Sessions Judges and Deputy Commissioners in the Punjab.
Subject:Departmental Enquiry in Cases of Fraud and Embezzlement of Government Money in Which Government Servants are Involved.

Summary of previous instructionsIn the Finance Department Memorandum No. 30161-F., dated 30th September, 1929, general principles were laid down to regulate the enforcement of responsibility for losses sustained by Government through fraud or negligence of Government servants. It was therein stated (among other things) that it is of the highest importance to avoid delay in the investigation of any such loss; that, where it appears that recourse to judicial proceedings is likely to be involved, competent legal advice should be taken as soon as the possibility emerges; that, where there is a reasonable suspicion of fraud or other criminal offence, a prosecution should be attempted unless the legal advisers consider that the evidence available is not such as will secure a conviction; and that, where loss is due to delinquencies of subordinate officials and where it appears that this has been facilitated by laxity of supervision on the part of superior officer, the latter also should be called strictly to account. These principles were supplemented by instructions contained in the memorandum attached to the Finance Department Letter No. 21204 (Fin.Genl.), dated 17th July, 1934. These instructions had special reference to cases in which prosecutions in the criminal Courts, are, or are likely to be, necessary; and laid down (among other things) that as soon as a reasonable suspicion exists that a criminal offence has been committed, the senior officer of the department will report to the District Magistrate and ask for a regular police investigation; and explained the procedure that should follow the investigation. 2. Departmental inquiry should not be delayed pending criminal trialIt is now desired to explain as clearly as possible what is necessary to be done in the way of departmental enquiry

where a prosecution is, or is likely to be, instituted. It has been found that, where fraud or embezzlement of Government funds has occurred, there is a tendency for the head of the office or department to regard the institution of criminal proceedings as absolving him from the. unpleasant and often laborious task of conducting immediately a thorough departmental enquiry. This natural reluctance may be enhanced by an apprehension that an enquiry may prejudice the result of the trial in a Court of law. As a result, there has sometimes been great delay in taking departmental proceedings and the results have been inconclusive. The Central Public Accounts Committee in their report on the accounts of 1933-34 have agreed with the Auditor-General that departmental enquiries should not necessarily be delayed pending decision of criminal cases, as at a later stage the evidence might disappear and the departmental enquiry could not be brought to any conclusion at all. 3. Inquiry should go on as far as possible before prosecution begins, but findings and sentence should not be recorded until after the disposal of the criminal caseExperience shows that departmental proceedings cannot as a rule proceed concurrently with a criminal prosecution. Much of the evidence in a case of fraud or embezzlement is documentary. As soon as the criminal proceedings begin the documents go to the Court as exhibits, and there they must remain till the case is over and (if an appeal is filed) till the appeal is over. But it is essential that every thing should be done to carry the departmental proceedings as far as possible before prosecution begins. The stage to which departmental proceedings, prior to prosecution should be taken must depend on circumstances and cannot be precisely defined. The normal procedure is laid down in Rule 55 of the Civil Services (Classification, Control and Appeal) Rules; and the stage which departmental proceedings can reach may according to circumstances be any one of the stages described or implied in the Rule i. e., the preliminary recording of evidence the receipt of the delinquents written statement after the framing of a charge, the personal hearing, or the enquiry. If it is intended to prosecute, a finding and sentence should not be recorded in the departmental proceedings till after the disposal of the criminal case; but it must be emphasised that the proceedings should be completed up to the point that can properly be reached. 4. Cases in which several persons are involved but all are not to be prosecutedA common type of case is that where a number of persons are involved one or more criminally, and others in such circumstances as show negligence, or warrant the suspicion of criminal abetment without sufficient proof to justify prosecution, or have similar features which necessitate a criminal prosecution of one or more and a departmental enquiry against others. In such cases the authority has sometimes neglected to institute a formal departmental enquiry, or to carry it to the requisite stage, before criminal proceedings are taken, with the result that many months later, when the criminal case is over, effective, departmental action has been found impracticable. 5. Cases in which several persons are involved but all are not to be prosecutedThe general rule should be that in all cases of fraud, embezzlement, or similar offences departmental proceedings should be instituted at the earliest possible moment against all the delinquents and conducted with strict adherence to the rules up to the point at which prosecution of any of the delinquents begins. At that stage it must be specifically considered whether further conduct of the departmental proceedings against any of the remaining delinquents is practicable; if it is, it should continue as far as possible (which will not, as a rule, include finding and sentence). If the accused is convicted and awarded an adequate sentence, the departmental proceedings against

him will be formally completed, and the proceedings against other delinquents continued. If accused is not convicted, or the accused is inadequately punished, the departmental proceedings against him will be resumed, as will also those against the remaining delinquents. 6. Action under Public Servants (Inquiries) ActThe proceedings contemplated in these instructions are those which are regulated by the Civil Services (Classification, Control and Appeal) Rules. Where action is taken under the Public Servants (Inquiries) Act, XXXVII of 1850, this ordinarily takes the place of a criminal prosecution as regards the person or persons accused; but the procedure as regards other persons involved against whom the Act is not employed should be in accordance with the instructions given above. U. O. No. 3458 (Fin.Genl.), dated the 16th December, 1935. Copy forwarded to all Administrative Secretaries to Government, Punjab, for information, in continuation of Finance Department U. O. No. 1212 (Fin.Genl.), dated 17th July, 1934.
Part C

Part C RULES FOR THE MAINTENANCE OF ACCOUNTS IN REGARD TO SUMS DEPOSITED IN COURTS UNDER SECTION 31(2) OF THE LAND ACQUISITION ACT AS COMPENSATION PAYABLE TO PERSONS WITH RESTRICTED POWERS OF ALIENATION, ETC.

1. Money paid under Section 31 of the Act to be deposited in the TreasuryMoney paid into the District Court under Section 31 of the Land Acquisition Act, must be lodged into the Treasury as a Revenue or Civil Court deposit under the rules applicable to such deposits, until its investment as required by Section 32 ibid. 2. Register of such deposits to be maintainedA register shall be maintained in each District Court to show the receipt and disposal of deposits made therein by the Land Acquisition Officer under Section 31 (2) of the Land Acquisition Act on behalf of minors, widows, and any other persons to whom the deposits cannot be paid on disposal of the case. 3. Contents of the registerThis register shall contain particulars as to the name of each person to whom compensation is payable, the case, the amount and the final disposal thereof either by investment or by payment to guardian or purchase of land, etc. 4. Procedure for disposal of money depositedAfter the deposits are made and brought on the register, the Courts shall proceed to take action in regard to the investment or disposal of money deposited in accordance with the instruction contained in Sections 32, 33 and 34 of the Land Acquisition Act. 5. Account to be opened when money is invested otherwise than in the purchase of land When the money is invested otherwise than in the purchase of land an account in the ledger form should also be opened for the person on whose behalf the money is invested to show payment of interest and final disposal.

Part D

Part D SHERIFFS PETTY ACCOUNTS Section I System of Accounts

1. Items includedSheriffs Petty Accounts relate to sums received by Officer-in-charge of process serving agencies and intended for immediate disbursement. The majority of such items consist of diet money for witnesses, and also include such items as expert fees or commission fees. A detailed list of items which may properly be included in these accounts is given in Schedule A to these rules. No item should be deposited in this account if it should under other rules be credited direct to Revenue Heads. 2. Accounts to be sent to Treasury daily and at the close of the monthThe sums so received being petty, and the money being intended for immediate disbursement, these items form an exception to the general rule which forbids the appropriation of receipts to expenditure. The Nazir or Cashier is allowed to receive the money in cash, without remitting it to the Treasury and to make payments out of the money in his hand. A limit is, however, imposed, and the Officer-in-charge must remit the surplus to the Treasury whenever the balance in his hand exceeds a certain amount. He should also remit to the Treasury the total balance in his hands on the last working day of the month. (See Rule 34). In respect of these balances the Treasury acts merely as a banker, and the full responsibility for maintaining detailed accounts rests with the Officer-in-charge of the agency. 3. (a) RegisterA detailed list of the registers and forms to be maintained in the agencies is given in Schedule B to these rules; and specimens of the registers and forms are also reproduced there. There are two principal registers of receipts and of disbursement known as Register of Receipt and Register of Disbursements. There is also a Cash Book. (b) How entries in the Register of Receipts are to be made. Progressive total and balancesThe Register of Receipts is in itself complete and should be confined to money received either in cash or by money order. The entries in the register should be made strictly in the chronological order of receipts as they occur, i. e., the number of receipts issued should be serially noted in column 2 of the register. Whenever any entry of disbursement is made in the Register of Disbursements the item is again entered in the Register of Receipts against the original deposit, with a view to guard against improper disbursements. Progressive totals of daily receipts should be made beneath the daily total and continued till the end of the month. From the monthly progressive total the total payment as per the Register of Disbursements is to be deducted to arrive at the net balance at the end of each month, which should be carried forward from month to month to work out the progressive net balance at the end of the year. This balance should agree with the total of the balances appearing in the treasury and cash columns in the Cash Book [vide sub-paragraph (d) below]. An analysis of the outstanding balances at the end of each month should also be prepared in the remarks column of this register. The balance for each month going back to the three complete financial year should be worked out separately from the

Register of Receipts and the total of the items thus worked out proved with the balance in the Cash Book. (c) Progressive totals of paymentsSimilarly, the Register of Disbursements is completed and should be confined to a daily record of payments to entitled payees. The daily entries should be totalled up and the progressive totals of daily payments should also be made beneath the daily total till the end of the month. (d) Cash Book(i) The daily totals of receipts in the Register of Receipts and of payments in the Register of Disbursements will be carried to the Cash Book in the cash column the closing balance of the previous month being noted as opening balance of the next month on the first day of that month. Payments into and withdrawals from the Treasury should be accounted for in this Cash Book in the manner described below. (ii) Entries in Cash Book of payments into and withdrawals from Treasury When the amount is paid into the Treasury an entry will be made on the payment side in the col umn cash and a per contra entry will be made on the receipt side in the column treasury. Similarly, when money is drawn from the Treasury an entry will be made on the payment side in the column treasury and a per contra entry will be made on the receipt side in the column cash. Progressive balance on each day should be struck under the signatures of the Officer-in-charge. (iii) Comparison of Cash Book with Treasury Pass BookAt the close of the month, there will be no cash balance in the hand of the Nazir. The balance with the treasury as per (Treasury column) cash book should be worked out and agreed with the balance as shown in the Treasury Pass Book. 4. Duties of the Officer-in-chargeThe principal financial duties of the Officer-in-charge of an agency may be briefly summarised: (i) to see that all sums received are brought to account in the Register of Receipts; (ii) to see that no payments are made except against deposits shown in the Register of Receipts; (iii) to verify the balance by frequent physical verification of the cash balance in the agency and by comparison of the treasury balance shown in the Cash Book of the agency with that shown in the Treasury Pass Book; and (iv) to see that remittances into and withdrawals from the Treasury when required are promptly and correctly made. If these duties are properly carried out, there should be no risk of defalcation and any clerical error in the accounts should be immediately detected.

5. Personal Ledger Account in the TreasuryIn respect of the balances remitted thereto the Treasury maintains a Personal Ledger Account in the name of the agency concerned the working of which is described in detail in Section IX of these rules. 6. Proper forms and registers to be maintainedNo books of account other than those prescribed may be maintained, and no change may be made in the existing forms of the registers, without the sanction of the High Court in consultation with the Accountant-General. If for any reason additional registers are found necessary, however, the Officer-in-charge of an agency should not hesitate to apply for permission to introduce them. It has been frequently noticed in the course of inspection that the registers in use are not in the proper form but are either out of date, or are in a form intended for use only in Treasuries. Everyeffort should be made to obtain the proper forms. 7. Money, orders Intermediate RegisterWhenever money is received by money order, the Nazir must first enter particulars to identify the transaction in the Courts Intermediate Register. The Officer-in-charge of the agency or in his absence another judicial officer empowered in this behalf by the District Judge will then both initial the Intermediate Register in respect of the transaction and sign the money order receipt before handing over the receipt to the postman and the money with the money order coupon to the Nazir for further disposal. Such an officer must see that all items in the Intermediate Register are cleared by transfer entries to the appropriate Register of Receipts on the day of receipt if possible or the next morning and initial both the Intermediate Register and the Register of Receipts in verification of this having been done by the Nazir.
Section II Agencies

8. Classes agenciesThere are four classes of agencies which are required to maintain Sheriffs Petty Accounts. The Office maintaining these accounts is usually known as the Nazarat. The four classes are as follows: (i) The principal process-serving agency at the head-quarters of a district: This deals with processes received from Civil, Revenue and Criminal Courts. This agency is under the control of the Senior Subordinate Judge or the Administrative Subordinate Judge in districts in which the latter officer has been appointed. It will be referred to as Senior Subordinate Judges Agency. (ii) The District Judges agency in those districts in which the District Judge has been allowed to maintain a separate agency owing to the distance of his Court from the Senior Subordinate Judges agency. (iii) The Small Cause Courts agencies, which are under the control of the Judge of the Small Cause Court. In Simla, the agencies of the Senior Sub-Judge and the Small Cause Court are identical.

(iv) Agencies at outlying stations which are either in the charge of a Subordinate Judge or of a Tahsildar. 9. Local agentThe agencies of the District Judge and the Senior Subordinate Judge are in the subordinate charge of a Naib-Nazir and a Civil Nazirs respectively, who receives cash and makes payments. In the Small Cause Courts of Amritsar and Delhi, the same duties are performed by a Cashier. In outlying stations they are performed by a Naib-Nazir or a Madad Naib-Nazir. For the sake of simplicity, the officer concerned will be referred to in these rules as the Nazir or the local agent. 10. Control over agencies. Delegation of dutiesThe principal Judicial Officer-in-Charge of the agencies mentioned in Rule 8 is responsible for the prompt and efficient service of all processes received in his agency. The Senior Subordinate Judge or Administrative Subordinate Judge is also responsible for general control of all agencies other than those of a District Court or of a Small Cause Court. The Senior Subordinate Judge or Administrative Subordinate Judge or the Judge of a Small Cause Court may, under special permission from the High Court, delegate certain of his administrative duties either to another Subordinate Judge or to a Registrar. The order of delegation should state exactly what duties have been delegated. In such cases, however, they will still remain responsible for general supervision. District Judges and Officers-in-charge of outlying agencies may in no case delegate their duties. 11. (a) SecurityNazirs are responsible in the first instance for the proper upkeep of the accounts and for the security of the cash in their hands. Security is required to be deposited by them and by certain other members of the process-serving establishment, as laid down in Chapter 18-C, Rules and Orders, Volume I, from which the following is extracted: Rs. Civil Nazir (Senior Subordinate Judges agency) . . . . . . . . . . . . . . . . 500 Nazir, Cashier (Small Cause Courts agency) . . . . . . . . . . . . . . . . . . 1,000 Naib-Nazir (District Judges, Senior Subordinate Judges, and Small Cause Courts agencies and other Agencies including Subordinate Judges Courts at stations where there is a treasury or sub-treasury) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 Naib-Nazir, (Senior Subordinate Judges agency) . . . . . . . . . . . . . . . . 100 Naib-Nazir, Madad Naib-Nazir (agencies at stations where there is no treasury or sub-treasury including Courts of Subordinate Judge so located) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500 European Bailiff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

Execution Bailiff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Process Servers (for Delhi only) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .100 Note:Process-Servers are not required to furnish security; they, however, are not permitted to have more than Rs. 60 in hand at any time as provided in Rule 20 under Section IV of these rules. In the case of Delhi where the limit has been raised to Rs. 120, Process-servers are required to furnish a security of Rs. 100 each. (b) Duties of Civil NazirThe Civil Nazir is also the head of the process-serving establishment of the district, other than that working directly under the District Judge or the Judge of a Small Cause Court. His duties are: (i) to submit reports relating to the members of the establishment or their duties to the Senior Subordinate Judge: or the Administrative Subordinate Judge. (ii) to arrange for the distribution of processes among process-servers and the transmission of processes to agencies located at tahsils; (iii) to see that the prescribed accounts are properly maintained by the staff working under his immediate control; and (iv) to prepare correspondence regarding the payment of diet-money of witnesses and other similar matters. 12. Inspection of accounts by inspecting officersDistrict and Sessions Judges and District Magistrates when inspecting subordinate Courts should invariably inspect the process-serving officers accounts and note the fact that this has been done in their inspection reports.
Section III Receipts of Processes and Deposits by the Agencies

13. Applications for deposit: How to be dealt withWhen an application involving a deposit in the Sheriffs Petty Accounts is presented in Court, as, for example, an application for summoning of witnesses to whom diet-money is to be paid, the Court Reader shall note thereon the number of the case, in order to enable the process-serving agent to make the necessary entry in the Register of Receipts After the usual orders have been passed and recorded by the Court, the applicant shall tender the amount of his deposit together with the application to the local agent who will fill in columns 1 to 7 of the Register of Receipts, prepare a Receipts in foil and counterfoil on the prescribed form, and issue the foil to the depositor as a receipt for the money deposited after it is signed by the Officer-in-charge. NoteIf the application is for the summoning as a witness of a Government servant, it must state (1) his full official designation, (2) the amount deposited for travelling expenses, and (3) the amount deposited for diet-money or subsistence allowance; and these details must be copied into the Register of Receipts.

14. Applications for deposit: How to be dealt withAfter the serial number of the Register of Receipts has been noted on the application by the agent and the usual daily check exercised by the Officer-in-charge, the application should be returned to the Court concerned for record. The counterfoil receipts will be retained by the agent and produced for audit. 15. Procedure when a Court is far from the Court of Senior Sub-JudgeWhen the Court of a Subordinate Judge or Tahsildar is situated at such a distance from the Senior Subordinate Judges or Administrative Subordinate Judges Court as to render the frequent transmission of applications to the local agent inconvenient, the Senior Subordinate Judge or Administrative Subordinate Judge may direct that both the applications and money should be received by an official the Subordinate Judges Court and a receipt in foil and counter-foil on the prescribed form prepared by such official and granted to the depositor after it is signed by the Presiding Officer of the Court. At the end of the day, all such applications together with the money and the receipt counter-foils should be sent to the process-serving agent who will enter the necessary particulars of each application in his Register of Receipts and return the applications and the receipt counter-foils to the Court concerned with the number in the Register of Receipts of each item noted both on the application and in column 2 of the counterfoil concerned. NoteColumn 2 of the receipt foil will be blank in these cases. 16. Processes for service within the district to be sent to local agentAll processes issued by Courts for service within the district should be sent to the local agent and should contain a reference to the amount deposited with the agent. 17. Process for service in another districtProcesses issued by a Court for service in another district will be made over to the local agent by the issuing Court for entry in the Register in Form No. 6 in Schedule B to this Part of the Chapter and transmission to the Senior Subordinate Judge or Administrative Subordinate Judge of the district in which the person to be served resides. The amount deposited with the local agent on account of subsistence and other expenses as noted on the original and duplicate copy of the process will be transmitted by the agent by postal money order to the Senior Subordinate or Administrative Subordinate Judge of the district in which service is to be affected, the cost of the postal money order being borne by the party at whose instance the process is issued. The Senior Subordinate Judge or Administrative Subordinate Judge of such other district, shall, in the event of the process not being served, return the amount by postal money order less cost of commission on such order. 18. Steps to get back money if process not servedCourts issuing processes to other districts should take measures to call for the prompt return of the money remitted on account of processes which have not been served, and such sums after being accounted for in the accounts of the local agent in the usual way should be returned to the person taking out the process, and excluded from the account of the costs of the suit. Note 1Periodical checking of the register to ensure that all sums are unserved processes have been duly received and accounted forTo ensure that all sums remitted to other districts on account of processes which have not been served, are duly returned and correctly accounted for, the Register of processes including warrants (etc., received from . . . . . . . . . . Tahsil/District. . . .

. . . . . with/without diet-money or Munadi fee by the Process Serving Agent at. . . . . . . . Should in the case of the agencies of the District Judge, the Senior Subordinate Judge, and the Small Cause Court, be checked monthly by Superintendent of Clerks of Courts and quarterly by the Officer-in-charge; and monthly by the Presiding Officers of Courts in the case of agencies at outlying stations. Where there are more Courts than one situated in the same building or in close proximity at outlying stations the Register should be checked by the Senior of the Presiding Officers. Result of these checks should be recorded in the following form: Certified that I have personally checked the entries in the Register of processes including warrants, etc., received from. . .. . Tahsil/District. . . .. . . with/without diet money or Munadi fee by the Process Serving Agent at. . . . . . . for the month of/quarter ending. . .. . . . . . and am satisfied that all sums in respect of unserved processes have been duly received and correctly accounted for except as follows: Note 2.Processes received for service from other districts to be entered in register Form No. 6Processes received for service from other districts are entered in the relevant volume of the register; Form No. 6 in Schedule B to this Part of the Chapter. 19. Service of processes within the jurisdiction of local agentProcesses issued by a Court sitting at the headquarters of the district or a tahsil, for service on a person residing within the tahsil, where such Court is situated will be made over to the local agent in charge of the processserving agency. The local agent will thereupon arrange as follows for payment at the time of service of sums due to persons to whom the processes are addressed.
Section IV Transmission of Processes and Money to Process-servers

20. Procedure when processes and money are delivered to process-serversSuch sums as are mentioned in Rule 19 will be given to the process-servers together with the processes, but before this is done the following procedure must be carried out: (a) Each process should be entered in the Register of processes received and disposed of by the local agent. (b) Payment to process-server should be entered in the appropriate column of the Register of Receipts against each sum. (c) Payment entries should be made in the Register of Disbursements and the process-servers acknowledgement of receipt in column 11. (d) Details of each sum should be entered in the Process-servers Note-Book. No process-server should have more than Rs. 60 in hand at any one time. In Delhi, however, this limit may be raised to Rs. 120.

21. Payment of diet-money to witnesses by process-serversWhen a process-server pays the diet-money to a witness he shall take the receipt of the actual payee in column 8 of his note-book as well endorsed. The payees acknowledgement should be verified by one or more respectable witnesses, the date and signature of the serving officer being added. This rule may, however, be relaxed in the case of literate persons who can write and sign the acknowledgements but to minimise the risk of misappropriation the Courts concerned should ascertain before proceeding with the cases that the witnesses appearing before them are the persons whom the diet-money has been actually paid. In the case of illiterate person the thumb-marks should invariably be attested as provided in this rule. 22. Procedure when processes are returned served by the process-serverThe processes whether served or not will be returned to the local agent. If the service is effected and the money connected therewith paid to the payee, the local agent shall verify the service with the acknowledgement of the payee given in column 8 of the process-servers note-book as well as on the back of the original copy of the process, and submit the latter to the Court concerned with the usual certificate of service, at the same time filling up columns 12 and 13 of the Register of processes received and disposed of by the local agent. 23. Procedure when processes are returned unservedIn the case of non-service, the undisbursed amount returned by the process-server shall again be entered against a new number in the Register of Receipts. The new number in the Register of Receipts should be quoted against the original entry in the Register of Disbursements and noted in column 10 of the process-servers note-book, column 11 of which should also be signed by the agent in acknowledgement of the money having been received back from the process-server. The process will then be returned to the Court concerned with a certificate of non-service after filling up columns 12 and 13 of the Register of Processes received and disposed of by the local agent. Note 1Checking of process-servers note-booksWith a view to seeing that rules 20 to 23 are complied with, the process-servers note books should, in the case of the agency of the District Judge be checked monthly by the Superintendent and in the case of the agencies of the Senior Subordinate Judge and the Small Cause Court be checked monthly by the Clerks of the Courts. All these note books shall also be checked quarterly by the Officer-in-Charge; and monthly by the Presiding Officers of Courts in the case of agencies at outlying stations. Where there are more Courts than one situated in the same building or in close proximity at outlying stations the note-books should be checked by the Senior of the Presiding Officers. The result of these checks should be recorded in the following form:

Certified that I have personally checked the accounts for the they are correct and in order except as follows:.

and am satisfied that

Note 2.Local agent to see that money is duly accounted for in the case of unserved processes When unserved processes are returned to the local agent it shall be the duty of the latter to see that undisbursed diet-money remitted with the processes is also returned to him and entered in the Register of Receipts.

Section V Transmition of Processes Money between Agencies

24. Processes sent by one agent to another in the same districtProcesses issued by a Court situated within the limits of one tahsil (whether it be the headquarters tahsil or an outlying one) for service on a person residing within the limits of another tahsil in the district will be made over to the agent at the place where the Court issuing the process sits and such agent will transmit the process (duly endorsed with the amount, if any, which is to accompany the process) by post or (where absolutely necessary) by messenger, to the agent of the tahsil within which service is to be effected after making the necessary entries in columns 1 to 11 of the Register of processes received and disposed of by the local agent. 25. DittoProcesses received by one agency from another in the same district will invariably be returned direct to the agent from whom they were received, and he will return them to the Court concerned. 26. Amount to be sent by money orderThe amount to accompany a process transmitted under Rule 24 will, after making the usual entries in the Register of Receipts and the Register of Disbursements be sent by postal money order to the agent concerned along with the process, the money order commission being recovered from the party at whose instance the process is issued and the money order being addressed to the Officer-in-charge (as defined in Rule 8 under Section II) of the agency in which the agent works. The said Officer-in-charge shall take delivery of the money order over his own signature in the manner laid down in Rule 7 under Section 1 and he shall also see that the amount is transferred from the Intermediate Register to the Register of Receipts on the day of receipt if possible or the next morning. The agent after carrying out the procedure detailed in rule 20(b), (c) and (d) under Section IV shall cause the process to be served and the amount disbursed to the payee in the same manner as if the process had been issued by one of the Courts of his own agency. Processes received from other tahsils should be entered in register No. 6. Note 1Processes received from other tahsils should be entered in the relevant volume of the Register; Form No. 6 in schedule B to this Part of the Chapter. Duty of Officer incharge to see that money received is brought on to Receipt Register. Note 2The Officer-in-charge (as defined in Rule 8 under Section II) of the receiving agency must satisfy himself that all amounts accompanying a process transmitted under this rule have been brought on to the Register of Receipts. 27. Procedure in case of non-serviceIn the case of non-service the amount (less money order commission) will be returned by postal money order to the Officer-in-charge of the agency from whom it was. received. The said officer shall take delivery of the money order over his own signature in the manner laid down in Rule 7 under Section I and he shall also see that the amount is transferred from the Intermediate Register to the Register of Receipts on the day of receipt

if possible or the next morning; such amount will be entered by the agent against a new number in the Register of Receipts which number should also be quoted against the original entry in the Register of disbursements. 28. Certificate of service or non-serviceThe agent to whom a process is sent for service will invariably return the same, with a certificate of service or non-service, as the case may be, duly endorsed thereon and signed by the Officer-in-charge, to the agent from whom he received the process, and the latter will thereupon fill in the relevant Volume of Register; Form No. 6 in Schedule B to this Part of the Chapter and then forward the process to the Court which issued it. NoteThe certificate of service or non-service should be signed by the Officer-in-charge after satisfying himself of the correctness of the certificate.
Section VI Refund of Deposits

29. Refund of deposits payment order. Undisbursed diet-money to be sent by money ordersAny undisbursed balance of a deposit will be paid to the depositor when a refund of the same is claimed by him. In such cases and in all other cases in which undisbursed money has been ordered by the Court to be paid to the proper person, the Court shall issue a payment order in the prescribed form to the local agent, who, after taking the payees acknowledgement in the space provided for the purpose and making the necessary entries in the Register of Receipts and the Register of Disbursements, will pay the amount due. The number to be quoted on the top of the payment order will be the serial number of the transaction in the Register of Disbursements. Note 1In accordance with Punjab Government Letter No. 3679-S. (HomeJudl.), dated the 3rd August, 1931, and No. 4953-J-39/27606, dated the 24th August, 1939, and Chief Commissioner, Delhis Letter No. F-4 (8)/39-General, dated the 5th December, 1939, undisbursed witnesses diet-money deposits in Civil, Criminal and Revenue cases not exceeding Rs. 25 in amount, should be returned without notice to the depositor by money order, the cost of the money order commission being deducted from the sum to the refunded. The Courts should inform the Nazir of the cases in which judgment has been pronounced. Note 2Before the record of a decided case is consigned to the Record Room, the Reader of the Court shall attach to it a certificate that undisbursed deposits of diet-money payable to witnesses have in all cases, where necessary, been refunded to the depositors. The Record Keeper should not receive the record unless this certificate is attached to it. Note 3The provisions of this rule and Notes 1 and 2 were also applicable to repayment of deposits of advertisement charges of newspapers in cases of substituted service. 30. Payment order : Renewal and lappingThe Courts payment order referred to in the preceding rule will remain in force for a period of one month. No payment can be made on a lapsed order unless it is renewed in the following manner. On the production of a lapsed payment

order the authority which originally granted it may, if satisfied that the person producing it is entitled to receive payments, revalidate the order by the following endorsement: Renewed. . . . . . . . . . . . . . . . Signed. . . . . . . . . . . . . . . . . . Dated. . . . . . . . . . . . . . . . . . . The fact and date of renewal should be noted on the original departmental record of the Court. These payment orders will be kept in a guard file for audit purposes.
Section VII Daily Supervision of Accounts

31. Daily checking of the entries in the Receipt RegisterAt the end of the day the Officerin-charge of the agency shall compare the entries made in the Register of Receipts with the applications and the counter-foils of receipts issued and, after satisfying himself of their correctness, should set his initials against each entry in column 8 of the Register of Receipts. 32. Daily attestation of entries by Officer-in-charge: Certificate as to correctness of accounts for the period when officer was absentAll entries of receipts in Register of Receipts and of payments in Register of Disbursements and in the payment column of the Register of Receipts should be duly attested by the Officer-in-charge of the agency on the day of transaction before the office is closed for business. If, however, he is absent he should within a week of his return check the accounts and forward a certificate to the District Judge that he has carefully scrutinised the records of all the monetary transactions which took place in his absence and has satisfied himself that they have all been brought to account and that no irregularities have been committed. 33. Money order coupons and payees postal receipts to be kept in guard file and reference to their number given in proper registersPayees receipts received through the post office for amounts sent by money orders under Section III, Rule 17, or under Section V, Rules 26 and 27, or under the special orders of the Court, should be pasted in a guard file and a reference to their number in the guard file inserted in column 11 of the Register of Disbursements. Similarly, coupons of money orders received should be pasted in a separate guard file and a reference to their number in the guard file inserted in column 6 of the Register of Receipts.
Section VIII Dealings with the Treasury

34. Remittances to Treasury Documents to accompanyWhenever during the month the sum in the hand of the agent at the headquarters of a district is Rs. 250 or more and that of Tahsil Agent is Rs. 130 or more, the surplus over Rs. 200 and Rs. 100, respectively, shall at once be remitted to the Treasury or Sub-Treasury. Each such remittance shall be accompanied by a

memorandum in the form given below and the Treasury pass book and a challan (Stereo A and T Form 192) which will be returned to the agent duly receipted by the Treasury Officer or the SubTreasury Officer as the case may be: (1) Balance in hand (if any) ........... ... ........... ... ........... ... ........... ... ........... ... ........... ... ........... ... ........... ...

(2) Withdrawals from Treasury since last remittance

(3) Deposits received since last remittance

Total

Payments made since last remittance

Balance

Amount now remitted to the treasury

Balance in hand

At the end of the month the entire amount in the hand of the agent will also be remitted into the treasury or sub-treasury in accordance with the procedure indicated above. 35. Withdrawals from TreasuryOn the other hand, in the rare cases when the balance in the hand of the Nazir falls below the amount for immediate disbursement, he will recoup himself by means of a cheque on the Treasury to be signed by the principal Officer-in-charge after he has satisfied himself by personal inspection of the accounts that the withdrawal is necessary. NoteThe cheque should be sent to the treasury along with the treasury pass book which will be returned to the agency after noting the withdrawals, duly attested by the Treasury Officer. Such withdrawals are in the nature of recoupment of an advance and should not be regarded as the repayment of a particular item by means of payment on the Treasury. The Nazir will remain responsible for individual disbursements. 36. Transactions with Treasury to be entered only in Cash BookNeither the balance paid into the Treasury, nor the amount withdrawn therefrom under the preceding rule, should be

shown in the Register of Receipts and the Register of Disbursements. These remittances and withdrawals will be shown only in the Cash Book as their effect is to decrease or increase the amount in the hand of the Nazir. These transactions will be shown in the manner prescribed in rule 3(d) (ii). 37. Duty of Officer-in-chargeThe principal duties of the Officer-in-charge in this connection are to see that money is promptly remitted to the Treasury whenever the amount in the Nazirs hand exceeds the permissible limit and that no unnecessary withdrawals are made, and also to watch that the balance in the hand of the Nazir, in the last working day of the month, is remitted to the Treasury so that it may be included in the accounts of the Treasury on that day. The monthly balancing of the account should show at a glance the Nazir had remitted to the Treasury the amount which he is supposed to have sent; and it is also necessary for the Officer-in-charge to satisfy himself that the remittances have been promptly made by reference to the treasury receipts which should be filed in a separate guard file.
Section IX Treasury Accounts

38. Personal Ledger and Pass BookThe Treasury will maintain a Personal Ledger Account in Form 44 Civil Account Code, in the name of each agency dealing with it and will supply the agency with a Pass Book. the Pass Book should be sent monthly to the Treasury Officer, for verification of the balance shown in it. 39. (a) Entries gross receipt and gross payments in Ledger and Cash BookOn each occasion that a remittance is made to the Treasury, the gross receipts and gross payments noted in the memorandum prescribed in Rule 34 shall be entered in the receipt and payment columns, respectively, of the Personal Ledger Account and the amount actually credited into the Treasury added to the previous balance to arrive at the progressive balance to be shown in column 5 thereof. The amount remaining in the hand of the Nazir, at the time of each intermediate remittance should be noted in the remarks column. In addition to being entered in the Ledger Account the gross receipts and the gross payments shall be carried to the receipt and payment side of the Cash Book against the head Sheriffs Petty Accounts. (b) Entries to be made when amount is withdrawnIn the case of payments made from Treasury on cheques the progressive balance as shown in column 5 shall be reduced and the amount noted in the remarks column (as amount in the hand of Nazir) in the manner provided in clause (a) above. (c) Reconciling difference between the Balances as shown in the Treasurys and Accounts balance sheetsAs, however, in the case of the intermediate remittances described in Rule 34 above the whole of the surplus of receipts over payments is not credited into the treasury, but part remains with the Nazir, as also in cases in which amounts are drawn by cheques from the

treasury, it is clear that to enter gross receipts and gross payments in cash book will result in a difference between the balances as shown in the treasurys and accountants balance sheets. To reconcile the discrepancy, the amount remaining in the Nazirs hand should be shown separately: (i) in the remarks column of the Personal Ledger Account; and (ii) in the accountants daily balance sheet, the entry in the last being on the same principle as the entry of a sub-treasury balance. The treasury shall continue to show these balances in the balance sheet until the entry is cancelled by a corresponding credit at the treasury at the end of the month. 40. Delegation of lapsed depositsIn addition to the gross receipts and gross payments as indicated in Rule 39 the other entry in the treasury account will be the annual deduction of lapsed deposits as reported by the agent, the adjustment of which shall be made in the office of the Accountant-General by credit of the Head XLVIMiscellaneousUnclaimed deposits. The Treasury Officer will simply reduce the balance of the personal ledger account.
Section X Monthly Verification of Accounts

41. Comparison of balances in the books of the agent and the Treasury Pass BookOn the last working day of the month the agency will proceed to compare the balance shown in its own books with the balance shown in the Treasury Pass Books. NoteThe last working day of the month as referred to in this and the other rules in this Chapter means the last working day on which the accounts of the treasury or sub-treasury, as the case may be, are closed. 42. Working out balance List of unrefunded lapsed itemsThere will be three balances in the books of the Court. One balance will be struck at the end of the month in the Register of Receipts and will show the total amount outstanding from all previous deposits, less the amount which has lapsed to Government. This balance will be made up of two other balances; one will be the balance in cash with the Nazir as shown in the Cash Book and the other will be the balance of remittances to the treasury a shown in the Pass Book, the comparison of the balance in the Cash Book shall be made at the end of each month with the balance shown in the Register of Receipts as under: Rs. nP. Opening balance . . . . . . . . Receipts for the month as per Register of Receipts . . . . ____________ Total . . . . . . . . ____________

Payments for the month as shown in the Register of Disbursements (plus lapsed items which will appear in March only) . . . . . . . . ____________ Closing balance . . . . . . . . ____________ Details . . . . . . . . ____________ Balance as per Treasury Pass Book . . . . . . . . Balance in the hand of the Nazir as per Cash Book (which should be remitted to the treasury after verification on the last day of the month) . . . . . . . . ____________ Total . . . . . . . . ____________ At the end of each month the Officer-in-charge of each agency should also prepare a list of unrefunded deposits not lapsed to Government working up to the balance (including the Treasury balance). The balance for each month going back to three complete financial years should be worked out separately from the Register of Receipts and proved with the balance at the end of the month as depicted by the Cash Book. 43. Physical verification of balance in the hands of the NazirThe balance in the hand of the Nazir should be physically verified by the Officer-in-charge of the agency who should record a note as follows before it is remitted to the treasury: I have myself today counted the cash in the hand of the Nazir under the Head Sheriffs Petty Accounts and find that the amounts to Rs . . . . . . as shown in the Cash Book. This verification should not only be made monthly, but surprise inspections should also be made at frequency intervals in order to ensure that the Nazir is not using the balance for other purposes during the middle of the month. Inspecting Officer should also check the cash balance by physical verification. 44. Monthly comparison Nazirs Balance with Treasury Pass Book. Certificate. Report to superior officers to be made in case of discrepancy not being reconciledThe balance should be checked by the Officer-in-charge with the Treasury Pass Book at the beginning of each month and he should record a certificate to the following effect in the Cash Book: I have today compared the Treasury balance as shown in the books of the agency with the balance shown in the Treasury Pass Book and I find that they agree.

If any discrepancy is found in the account, the officer-in-charge of the agency should immediately take steps to have the accounts reconciled and to see that no error has crept in. If the accounts cannot be reconciled by the middle of the month following that to which the balance relates the discrepancy must be at once reported to the District Judge who will personally take steps to have the discrepancy reconciled. If the District Judge cannot do this by the end of the month, a report must be sent to the High Court and to the Accountant-General. 45. Difficulties in the working of accounts to be reported to higher authoritiesAny difficulties which may be found in the working of the accounts as the result of the monthly verification should be reported to higher authorities with proposals for their removal.
Section XI Lapsed Items

46. Deposits to lapse after three yearsNotwithstanding the provisions of Article 206, Civil Account Code, Volume I, and in partial modification thereof, all deposit items relating to Sheriffs Petty Accounts irrespective of their amounts shall remain current for three complete account years and shall lapse to Government at the end of that period. NoteAmounts paid to process-servers for disbursement to payees shall be considered as final payments, and any undisbursed amounts refunded by them to the Nazir shall be treated as fresh deposits for the purposes of lapse. 47. (a) Statement of lapsed items to be prepared and sent to Treasury Officer at the end of MarchThe Officer-in-charge of an agency shall prepare a statement of lapsed items on Form 29, Civil Account Code, in March each year and strike them off from the Register of Receipts on the last day of the financial year by entering them in column 20 provided for the purpose, the date of lapse being noted below the amount. The total amount of lapsed items as per statement so prepared should agree with the total of outstanding balances prior to three complete account years as shown in the analysis of the outstanding balances in the remarks column of the Register of Receipts (vide Rule 3 under Section 1) and as worked out in the memorandum prescribed in Rule 42 under Section X. This statement should be submitted to the Treasury Officer on the last working day of March for adjustment under Rule 40 under Section IX. (b) Certificate Officer-in-charge on the statementThe Officer-in-charge of an agency shall record on the statement a certificate to the effect that all amounts due to lapse to Government have been included in the statement. (c) One copy of the statement to be kept for auditOne copy of the statement of lapsed items should be kept with the agency for audit on the spot by the Local Audit Department. (d) Reducing of balance by Treasury OfficerThe Treasury Officer shall reduce the balance of the personal Ledger Account by the total amount of lapsed items and shall forward to the Accountant-General the statement in Form 29, Civil Account Code, with the monthly accounts for March.

48. Report re: lapsed itemsItems so lapsed if claimed should only be paid by the Treasury Officer after the necessary sanction of the Accountant-General has been obtained on Form 30, Civil Account Code.
Section XII Miscellaneous

49. Diet money (i.e., subsistence allowance levied in accordance with Chapter 5-C of Volume I and Chapter 9-A of Volume III of the Rules and Orders) deposited in these accounts under Rule 9 of these rules in respect of servants of the Government appearing as witnesses in Civil and Criminal cases will not be paid to them, but will be credited in the Treasury under the Head XXIAdministration of Justice Miscellaneous Fees and finesOther items. Similarly, all sums deposited for travelling expenses in respect of these servants, who are not entitled to receive such expenses from the Court, will be credited in the Treasury under the same Head. In the case of employees of the Central Government sums on account of road and diet money will be deposited into the Treasury to the credit of department concerned in the receipt Schedule of the Central Department. In the case of Railway employees the amount is creditable to the accounts of Railway concerned under the head adjusting account with Railway in the Provincial Section of the Accounts. In each case the following particulars will be inserted in the challan: (1) Name of witness. (2) Official designation. (3) Office in which employed. (4) Name of Court in which he appeared. (5) Date of hearing. (6) Names of parties to the suit. The following is the proper head of account under which subsistence allowance etc., of Government servants of Himachal Pradesh and other States etc., should be deposited when they appear as witness in the civil Courts in Punjab:
Sl. No. Classification of Employees Head to which creditable S. Remittances inter-State suspense A/CA/C with State.

1. Employees of States other than the Punjab State.

2. Employees of Himachal Pradesh Government

S. Remittances Central H. P. Govern-ment suspense

Sl. No.

Classification of Employees

Head to which creditable S. Remittances, Adjusting A/C between Central and Provincial Government. Account between Civil and Civil. A/C between AGCR and Punjab. Ill Items adjustable by AGCR. To the corresponding receipt head in the Central section of A/C of the Department of the Central Government to which the Government servant belongs.

3. Employees of Central Government under the audit control of AGCR, New Delhi.

4. Employees of the Central Government under the audit control of Accountant General, Punjab.

NoteThe reader of the Court concerned should give timely information to the Civil Nazir that the statement of the servant of the Government appearing as a witness has been duly recorded, so that there may be no avoidable delay in crediting the subsistence allowance into the Treasury. As a further safeguard, the reader of the Court should, before the record of a decided case is consigned to the Record Room, attach to it a certificate that the subsistence allowance of all the servants of the Government, who have appeared as witness in the case, has been credited into the treasury under the relevant head. The Record Keeper should not receive any record to which this certificate is not attached. 50. The acceptance of commission fees by Government servants is governed by Rule 558 of the Civil Service Rules (Punjab), Volume I, Part I, and by Supplementary Rule 12. 51. Forms of ReceiptsThe forms of Receipts will be machine-numbered with a book number and a receipt number on each foil and counterfoil and bound into books each containing 200 forms. 52. Custody and issue and checking of Receipt Books and Cheque BooksReceipt books and Cheque books will on receipt by the agency be entered in the Stock Book of Receipt and Cheque Books and remain in the personal custody of the Officer-in-charge. Issues will be made by the Officer-in-charge to the Nazir after accounting for such issue in the stock book. The number of cheque and Receipt forms in each book should, when received, be checked and a certificate to this effect recorded on the cover of each copy. 53. Each page of every register and account book to be paged and sealed and number of pages to be countedEach page of every register and book of account shall be paged and sealed, and an endorsement shall be made at the end of such register or book showing the number of pages and signed by the Officer-in-charge. 54. Custody of Registers and formsAll Registers and Sheriffs Petty Accounts and blank forms etc., shall be kept under lock and key.

SHERIFFS PETTY ACCOUNTS RULES List of items which may properly be included in Sheriffs Petty Accounts

(1) Sums deposited by parties as the expenses of witnesses, fees of expert witnesses, and commission fees, in civil, criminal and revenue cases. (2) Deposits of advertisement charges of news-papers in cases of substituted service. (3) Sums deposited for immediate disbursement as costs in partition cases (revenue). (4) Sums deposited as costs in connection with applications for Probate, Letters of Administration, and Succession Certificates, other than the cost of stamps deposited by applicants, under Act XXXIX of 1925. (5) All petty items received for immediate disbursement in full except when they are deposited in Courts following the cash system for Civil Court Deposits.
SHERIFFS PETTY ACCOUNTS

List and specimens of registers and forms to be maintained or used in Sheriffs Petty Accounts. (1) Register of Receipts. (2) Register of Disbursements. (3) Cash Book. (4) Treasury Pass Book. (5) Receipt Form. (6) Register of processes including warrants, etc., received from . . . . . . . . . . . . . . . Tehsil/District. . . . . . . . . . . with/without diet money of Munadi fee by the Process Serving Agent at. . . . . . . . . . . . . . . (7) Note-book of process-server. (8) Payment Order Form. (9) Challan Form. (10) Cheque Form. (11) Form No. 29, Civil Code, Volume I.

(12) Form No. 30, Civil Account Code, Volume I. (13) Stock book of forms of Receipt Books/Cheque Books. (14) Intermediate register of money orders, etc., (This register to reproduced in the Civil Court Deposit Rules. As there will be one such register in each Court for all money order transactions, such transactions as relate to Sheriffs Petty Accounts will also be included in it.) NoteForms No. 1 to 13 are not being published here.
Part E CIVIL COURT DEPOSIT ACCOUNTS
Part E

Section A General

1. Amounts includedCivil Court deposits consist of sums which are either paid into Court or paid into the Treasury under the orders of the Court with the intention that they should be paid out again either to the depositor or to a third person and should not be finally credited to Government until they lapse to Government under Article 206, Civil Account Code, Volume I. Civil Court Deposit Accounts relate to all deposits other than those which may properly be included in Sheriffs Petty Accounts. The large majority of such items are decretal amounts; a list of other items which may be included in these accounts is given in Schedule A to these rules. 2. Cash and voucher systemsThe system of accounts varies according as the Court is ordinarily permitted to receive and repay deposits in cash or is required to carry out both transactions through the Treasury. These two systems, known as the cash and voucher systems respectively, are described in Sections B and C which prescribe the different classes of Courts in which each system is to be followed. The rules given in this section apply to all Courts alike. 3. Bailiffs note-books and their checkingIn order to watch the return and execution of warrants, etc., entrusted to the Execution Bailiffs and to see on what dates the amounts were realised by them and paid into the Treasury, each Execution Bailiff shall maintain a note-book in the form prescribed in Schedule B to these rules. This note-book shall be printed in Vernacular. NoteThe note-books of execution bailiffs will be checked as laid down in Note I to Rule 23 of the Sheriff Petty Accounts Rules with the modification that such checks will be performed monthly by the Superintendent or the Clerk of Court as the case may be and quarterly by the Presiding Officers in the case of accounts maintained in Courts of District Judge and Senior Subordinate Judge and in a Small Cause Court; and monthly by the Presiding Officers of all other Courts. Where there are more Courts than one situated in the same building, or in close proximity at outlying stations, the note-books should be checked by the Senior of the Presiding Officers.

4. Particulars of the warrant to be entered in Bailiff note-bookBefore a warrant is handed over to the Bailiff for execution its particulars should be entered in columns 1 to 9 of his notebook by the Nazir. The remaining columns should be completed by the Bailiff or the Nazir, as the case may be, after the execution of the warrant. NoteRules 3 and 4 also apply to Process Servers who are entrusted with the execution of warrants. 5. Stamp or receiptsIf the amount to be receipted on the payment voucher exceeds Rs. 20 the claimant will be required to affix a 10 n. P. revenue receipt stamp. NoteIn cases in which joint interests are involved a deposit repayment voucher for a sum exceeding Rs. 20 should be held to be sufficiently stamped if a single receipt stamp is affixed to it even though it may be receipted by more than one person. 6. Separate ledger for Courts mentioned in Section BEach of the Courts mentioned in Section B Rule 11 shall have a separate personal ledger account for its deposits distinct from that maintained for the Sheriffs Petty Accounts. 7. Initial deposit by applicant in Insolvency casesUnder Rule 53 of Chapter 4-B, Rules and Orders, Volume II, the initial, deposit made by an applicant for adjudication as insolvent is to be shown as a deposit under these rules. Insolvency Courts exercising powers of summary administration may also act as receivers of the Insolvents estate. Separate registers with regard to such sums may be maintained provided the Nazir or Cashier remains responsible for the accounts and combines these with the rest of the Civil Court Deposit Accounts at the end of the month. 8. Separate accounts for each CourtThere will be a separate set of accounts for each Court, and the Presiding Officer of each Court will be personally responsible for the supervision of the accounts of his own Court (in the absence of special permission from the High Court to delegate his duties). When an Additional Judge is appointed to a Small Cause Court, a separate account will be opened, and there will also be a separate account for the Court of Registrar. 9. Nazir DefinedThe term Nazir in these rules includes a Cashier and a Naib-Nazir. 10. Money ordersMoney orders addressed to the Courts must be signed by the Presiding Officer and by no one else except another judicial officer appointed to discharge the duties of the Presiding Officer during temporary absence. It is absolutely forbidden for Superintendents, Clerks of Court or other ministerial officers to sign them. The Presiding Officer, at the time of receiving any money orders, shall first see that the Nazir has entered sufficient particulars thereof to identify the transactions in the Courts Intermediate Register and he will then both initial the Intermediate Register in respect of the transaction and sign the money order receipt before handing over the receipt to the postman and the money with the money order coupon to the Nazir for further disposal. The money order coupon shall be treated as the depositors application and the procedure with regard to such applications shall be followed with regard to it. The Presiding

Officer must see that all items in the Intermediate Register are cleared by transfer entries to the appropriate Register of Receipts on the day of receipt if possible on the next month and initial both the Intermediate Register and the Register of Receipts in verification of this having been done by the Nazir.
Section B The Cash System

11. Courts following cash systemThis system is to be followed in the Courts of Small Causes at Amritsar and Delhi, and in all Courts situated at stations where there is no Treasury or SubTreasury. The Court of Small Causes at Simla follows the system prescribed in Section C. 12. System of accountsThe accounts to be maintained in these Courts are in the main the same as those laid down in the rules for Sheriffs Petty Accounts to which reference will hereinafter be made as the Sheriffs Petty Accounts Rules. The principal points of difference are (a) The audit authorities are required to check the disposal of all Civil Courts deposits, and a detailed return of all receipts and payments must accordingly be made to the Accountant-General (Rules 36 and 37). (b) In certain cases repayment may be made by cheque instead of cash (Rules 22 and 26), and these repayments have to be treated differently from withdrawals from the Treasury made under the Sheriffs Petty Accounts Rules. 13. Registers and FormsA detailed list of the registers and forms to be maintained is given in Schedule B to these rules. There are three registers, viz., Register of Receipts Register of Disbursements, and Cash Book, in the same forms as those prescribed by the Sheriffs Petty Accounts Rules with a difference in respect of the Register of Disbursements in which the payment column is sub-divided into two columns cash and treasury for recording cash and cheque payments separately for facility of posting in the Cash Book. These registers must be kept separate from those of the Sheriffs Petty Accounts.
Receipt of Deposits

14. Application for depositWhen a deposit is tendered by a depositor in person, he will present an application to the Court. This application will be verified from the judicial record of the case concerned by the Ahlmad and if it is in order, he shall pass it on to the Nazir. The Nazir shall then fill in columns I to 7 of the Register of Receipts and prepare a Receipt on the foil and counter-foil on the prescribed form and he shall also note on the applications over his initials the serial number of the entry in the Register of Receipts. The Nazir shall then produce the depositor and these documents before the Presiding Officer who, if he approves the deposit, shall initial column 8 of the Register of Receipts, hand over the foil of the Receipt to the depositor, and receive the money from him. He shall then pass on the money and the application to the Nazir for further action. If he does not approve the deposit, he shall cancel, over his own

signature, the entries which have been made by the Nazir in all these documents including the register. NoteEntries of deposits in the Register of Receipts will be numbered in a separate series for each official year. 15. Deposits by Bailiffs and Court AuctioneersWhen a deposit is made by a Bailiff or a Court Auctioneer, he shall put in a similar application. The receipt will be granted to him, but will show the deposit as made on behalf of the judgment-debtor. Receipts granted to bailiffs will be pasted in their note books. 16. Deposit by cheque or Remittance Transfer ReceiptsWhen a deposit is made through the post by cheque issued by Government Departments or by remittance transfer receipts, the accompanying letter will be treated as the application, and the Receipt will be sent to the depositor with an endorsement showing the manner of remittance. The cheque or remittance transfer receipt will be sent to the treasury the same day, the Nazirs accounts being balanced by showing the amount as paid into the treasury in the manner provided for remittances of surplus balances in Rules 27 and 28. Particulars of the cheque or R. T. R. shall be entered in the Intermediate Register as laid down in Rule 10. 17. Deposit by money orderWhen the deposit is received by money order, the money order coupon will be treated as the application. A Receipt will be drawn up and will be attached to the coupon for being placed on the judicial record. All money orders addressed to the Court will be received by the Presiding Officer as laid down in Rule 10. 18. Deposits in case of prohibitory orders against salaries of Crown and Railway servants Deposits in Courts which maintain accounts according to the cash system in this section, in respect of prohibitory orders issued by them against salaries of Government servants, railway employees, etc., will be made as follows: (i) When a Government servant or a railway employee, etc., is paid by an office which is situated in a station other than that at which the Court issuing the prohibitory order is located, the salary disbursing office must remit the amount to the Court by postal money order, the postal money order commission being deducted from the amount specified in the attachment order. (ii) Where a Government servant or railway employee, etc., is paid by an office which is situated in the same station at which the Court issuing the prohibitory order is located, the salary disbursing office must pay the amount to the Court in cash or remit it by postal money order in the manner laid down in (1) above. (iii) Presiding Officers of Courts shall endorse all prohibitory orders with clear instructions, that is (i) or (ii) above, as the case may be, to guide salary disbursing offices how to pay into their Courts the money attached.

Payments

19. Entry of paymentsAll payments made from these deposits shall be entered in the Register of Disbursements and also in the appropriate column of the Register of Receipts. 20. Mode of cash repaymentWhen an application for repayment of deposits is made to the Court, the Nazir shall check the claim with reference to the entry in the Register of Receipts, and if the balance be sufficient, he shall prepare a Voucher (Civil Account Code Form No. 27 or Punjab stereo A and T Form No. 261) and have it signed by the Presiding Officer of the Court concerned. He will then take the payees receipt, duly stamped according to Rule 5, and pay the amount out of his current receipts. The payment will be recorded in the Register of Disbursements with full details of the original deposit in columns 1 to 3, and a note of the date and the amount of the repayment will be made, at the same time, in the Register of Receipts against the original receipt entry. 21. Responsibility of Presiding Officer about repaymentsAll re-pay ments of such deposits to the parties concerned shall invariably be made in the presence of the Presiding Officer who will also be responsible for seeing that the amounts are paid to the proper claimants and that the entries made in respect of these transactions in the appropriate registers are duly supported by his initials (as required by Rule 23) before payment is made. 22. Repayments by chequesIf the balance of the current receipts is not sufficient to meet a demand, repayment shall be made by means of a cheque on the Treasury in favour of the actual claimant, signed by the Presiding Officer, the number and date thereof being endorsed on the Voucher (see Rule 20) as follows: Paid by cheque No. . . . . . . , dated. . . . . . . 23. Repayments to be entered in proper registersAll repayments of deposits, whether made from current receipts or by cheque on the Treasury against surplus collections remitted to it, shall be recorded in the Register of Receipts and the Register of Disbursements as in Rule 20 under the initials of the Presiding Officer. 24. Instruction to be followed when authorising paymentWhen authorising payment, the Presiding Officer signing the voucher or the cheque shall carefully observe the instructions contained in Articles 201, 202, 210, Civil Account Code, Volume I, which are summarised as follows: (a) A person claiming refund of a deposit must produce an order of the Court or authority which ordered acceptance of the deposit; this order the Presiding Officer will compare with the entry in the Register of Receipts, and, if the balance be sufficient, he will take the payees receipt, made payment, and record it at once, under his initials both in the Register of Disbursements from which a daily total is carried to the Cash Book and in that of receipts noting in both also the date and the amount of the repayments.

(b) In order to avoid the inconvenience and risk which accompany the payment of money upon proceedings recorded in the vernacular languages, and to ensure caution in the issue of such orders, the Government have directed that every order issued by a Court or office for the payment of money from a Government Treasury shall be in English, unless the Presiding Officer is unacquainted with that language. If the disbursing officer does not understand English, and the officer ordering the payment does, the order for payment shall be both in the vernacular and in English. He will further see that each application for repayment is duly cancelled over his signature so that a second payment cannot be made. 25. Voucher for cash payment to be stamped paidAll voucher paid by the Nazir out of receipts shall be stamped paid by himself. 26. Repayment by transfer creditIn the case of repayments to be made by transfer credit to Government account, cheques will be prepared in the manner laid down in Rule 22. Such cheques will be drawn in favour of self and endorsed Received payment by transfer credit to . . . . . . . . . This is as laid down in Note 2 to Article 26, Civil Account Code, Volume I, which runs When a public officer sends a cheque to a Treasury not for cash payment, but for credit of its amount in the Treasury accounts, he must, before endorsing the same, add the words Received payment by transfer credit to . . . . . . . . . . . . . . . . . . . . Omission to do this facilitates fraudulent appropriation of money. The particular head in the Government accounts to which the credit is to be afforded by transfer will be noted both in the Register of Receipts and in the Register of Disbursements.
Transaction with the Treasury

27. Surplus money to be sent to Treasury by postWhenever the amount of deposit in possession of the Court, other than the Courts of Small Causes at Amritsar and Delhi, is in excess of Rs. 500 by Rs. 10 or more; such excess shall at once be remitted to the Treasury by postal money order, commission being charge to contingencies for which a small advance will be made to the Court by the Senior Subordinate Judge out of the permanent advance sanctioned for him under Article 93, Civil Account Code, Volume I. A memorandum in the form prescribed in Rule 34 of the Sheriffs Petty Account Rules with a challan (Stereo A and T Form No. 192) in duplicate shall be despatched by post to the treasury officer who shall sign it and return one copy of the challan to the Court. The number and date of the challan should be noted on the money order coupon by which the money is remitted. 28. Surplus money to be sent to Treasury by postThe same procedure shall be adopted in the cases of the Courts of Small Causes at Amritsar and Delhi except that deposits in excess of Rs. 1,000 will be remitted to the treasury, but not by money order. 29. Remittance to Treasury by cheque or Remittance Transfer ReceiptWhen a deposit is made by cheque issued by Government departments, or by R. T. R., under Rule 16, this should

be sent to the Treasury in the manner provided for the remittance of surplus balances in Rules 27 and 28, and will be shown as such in the Cash Book. 29-A. Balance to be credited in Treasury at the end of the monthThe balance in the hand of the Nazir at the end of the month should be remitted to the treasury so that it may be included in the treasury accounts for that month with a memo, as prescribed in the Sheriffs Petty Accounts Rules. The date for closing the monthly accounts at the outlying Courts, should be so fixed as to admit of the remittance (made through money order or otherwise) being included in the balance of the treasury on the last working day of the month. The procedure for remittance will be the same as described in Rules 27 and 28. 30. The Treasury Account will be a personal ledger accountThe treasury account will be a personal ledger account as provided in the Sheriffs Petty Account Rules, Section IX, and will be verified as provided in Section X of those Rules with the necessary modifications. 31. Register of uncashed chequesIn order to make the figures shown in the books of the Court agree with the Treasury balance it will be necessary to make a list of uncashed cheques. For this purpose the Court will maintain a Register of uncashed Cheques showing all cheques issued during the month, and those which have actually been cashed or adjusted. The latter will be taken from the Treasury Pass Book. 32. Statement of uncashed cheques to be shown in cash bookThe amounts of the uncashed cheques will be totalled. A statement will then be shown in the Cash Book as follows: Rs. Actual Treasury balance .......... ... .......... ...

Deduct for uncashed cheques

Balance in hand of

.......... ...

(To be remitted on the

(in case of outlying Courts)

Total

.......... ...

The last total should agree with the current total balance of the Court.
Daily supervision of accounts

33. Mode of supervisionThe daily supervision of accounts will take place exactly in accordance with the Sheriffs Petty Accounts RuleSection VII. 34. Matters requiring special attention of the Presiding Officer (i) The Presiding Officer should pay special attention to two matters. He must see that all amounts received by money order are promptly brought to account and he must also see that all cheques and R. T. Rs. are sent to the Treasury as soon as received. (ii) The Presiding Officer must satisfy himself every day of the correctness of the balance in the Cash Book. He should see that (a) the excess amount over the prescribed limit when necessary and the entire amount of cash in the hand of the Nazir on the last working day of the month is positively remitted to the treasury; (b) that a reference to the treasury receipt is quoted against the relevant entry in the Cash Book and that the receipt is pasted in a separate guard file. 35. Applications to be returned to Ahlmad for inclusion with the judicial recordsAfter attestation, the applications will be returned to the Ahlmad for inclusion with the judicial records concerned.
Monthly Returns

36. Monthly submission to the Treasury of extracts from Register of ReceiptsAs soon as the Register of a month are closed and the Treasury Pass Book has been received, the Presiding Officer of each Court will submit to the Treasury Officer: (i) An extract from the Register of Receipts in form C. A. C. Form No. 28 which should be written up day to day, so that there may be no delay in sending it at the close of the month. NoteAt the end of every quarter, the Presiding Officer of the Court shall certify that he has personally and carefully examined the register and that the entries are made with the utmost care and regularity. (ii) Monthly submission to the Treasury of list of repayments with payees receiptsA list of repayments of deposits made during the month in form C. A. C. Form No. 47 supported by receipts of the payees duly stamped when in excess of Rs. 20. This list will include payments

made by the Court under Rule 20 and payment made by the Treasury on cheques under Rules 22 and 26, the number of the cheque and the word cheque being noted in column 4 of the list. (iii) Memorandum of adjustmentA duly signed memorandum of adjustment in the following form: Rs. N. P. AOpening balance (As per treasury column of the Cash Book) Deposits received during the month of. . . . . . . . as shown in the extract from the Register of Receipts submitted Uncashed cheques (if any) . . . . . . . . . . . . . ___________ Total . . . . . . . . . . . . . ___________ BDeposits repaid during the month as per list submitted. Balance in Treasury. . . . . . . . . . . . . . ___________ Total . . . . . . . . . . . . . ___________ (Signed) A. B. Care shall be taken to see that the total of A is equal to the total of B as it ought to be. 37. Treasury Officer will forward the returns with cheques paid by himThe returns received from Courts will be transmitted by the Treasury Officer to the Accountant-General in original, the cheques paid by the Treasury Officer being attached to the returns with a covering is showing the number and amount of each cheque.
Lapses

38. What amounts lapse. Statement of lapsed items to be sent annually. Lapsed amounts not to be paid by NazirIn accordance with the provisions of Article 206, Civil Account Code, Volume I, and in partial modification thereof as sanctioned in Punjab Government Notification No. 11110-B, dated the 9th April, 1924, in respect of the Punjab, and in letter from the UnderSecretary to the Government of India, Finance Department, to the address of the Chief Commissioner, Delhi No. 3308-A, dated the 15th August, 1924, in respect of Delhi, all deposits not exceeding five rupees unclaimed for one whole account year, balances not exceeding five rupees of deposits partly repaid during the year then closing and all balances unclaimed for more than three complete account years will, after the close of March in each year, be credited to

Government by means of transfer entries in the office of the Accountant-General. A statement of deposits and balances thus lapsing shall be prepared by the Nazir immediately after the 31st March each year in form C. A. C. Form No. 29 and, after having been checked by the Presiding Officer, submitted to the Accountant-General through the Treasury Officer. Amounts shown in this statement shall not thereafter be paid by the Nazir. They shall be paid by the treasury with the sanction of the Accountant-General according to the procedure laid down in Articles 207 and 208, Civil Account Code, Volume I. 39. Clearance register to be sent along with lapsed statementAlong with the statement of lapses each Court shall also furnish the Accountant-General, through the Treasury Officer, with a list of balances still outstanding; of the second preceding year. This list is prepared in form C. A. C. Form No. 28 after changing its headings and is called the Clearance Register. The deposits reported for lapse should be excluded from the Clearance Register. To this Clearance Register should also be transferred any items in the last preceding clearance register but one that are for special reasons not allowed to lapse to Government while the bulk of the outstandings in it so lapse.
Section C Voucher System

40. Courts which follow voucher systemThese rules apply to all civil Courts than those mentioned in Section B; that is, they apply to Courts of District Judges, the Court of Small Causes at Simla, and to all Courts of Subordinate Judges at the headquarters of a district or at stations where there is a Treasury or a Sub-Treasury. 41. Principle of the system explainedThe principle of this system is that laid down in Article 209, Civil Account Code, Volume I; that is, it is intended that these Courts should neither receive nor pay out money, but that all deposits should be paid into the treasury on documents signed by the Presiding Officer of the Court, and all payments should be made by means of vouchers on the Treasury. 42. ExceptionsCertain exceptions, however, have to be made in the case of money received by the Court by money order or collected. Special provision for such cases is made in these rules, the principle being that the money must be paid into the Treasury by the Court on the same day. The Presiding Officer is responsible for seeing that this is done. 43. Register of ReceiptsOnly one register will be maintained under the Voucher System and that is the Register of Receipts which is slightly different to the one maintained for Sheriffs Petty Accounts and for the Cash System of Civil Court Deposits; it is reproduced in Schedule B to these rules. The important point to bear in mind is that this register is primarily a record of challans and vouchers issued and not of actual cash transactions. 44. Application for deposit: How to be dealt withWhen a deposit is tendered by a depositor in person, he will present an application to the Court. This application will be verified from the judicial record of the case concerned by the Ahlmad and if it is in order, he shall pass it on to the Nazir. The Nazir shall then fill in columns 1 to 7 of the Register of Receipts and prepare a

challan in duplicate. The Nazir shall then produce the depositor and these documents before the Presiding Officer who, if he approves the deposit, shall sign the challan in duplicate after initialing the amount in column 7 of the Register of Receipts and then hand over to the depositor his application and the challan in duplicate and warm him that he must make the deposit and present the three documents at the Treasury himself and must not do so through any Court official. If the Presiding Officer does not approve the deposit, he shall cancel, over his own signature, the entries which have been made by the Nazir in all these documents including the register. 45. Return of application by the TreasuryOn receipt of the money by the Treasury, one copy of the challan will be returned to the depositor duly signed by way of receipt and the other copy will be retained by the Treasury. The application will be returned by the Treasury to the Court concerned direct after the number and date of the entry in the Treasury Receipt Register (Form No. 43, C. A. C. Volume II) have been noted thereon. 46. Remittance to Treasury of money received by moneyWhen money is received by money order and dealt within the Courts Intermediate Register as provided in Rule 10, the Nazir will prepare a formal application and the necessary challan in duplicate, fill in columns 1 to 7 of the Register of Receipts, and remit the money to the Treasury after the Presiding Officer signs the application and the challans in duplicate, and initials the amount in column 7 of the Register of Receipts. 47. Deposit by Bailiffs or Court AuctioneersWhen money is to be paid in by a Bailiff or a Court Auctioneer, he should be required to pay the money into the Treasury himself as if he were a private depositor. The copy of the challan returned by the Treasury to the Bailiff by way of receipt should be pasted into his note-book. NoteWhen money is realized by a Bailiff on a warrant issued by a Court not situated at the headquarters of the Process Serving Agency to which he is attached the challan will be prepared in triplicate by the Local Process Serving Agent and signed by the Officer in charge of the Agency. On receipt of the money, the treasury will retain one copy of the challan, return the second copy to the Bailiff and forward the third, after noting thereon number and date of the deposit in the books of the treasury, to the local Process Serving Agent for transmission to the Court concerned so that the deposit may be entered in the Register of Receipts maintained in that Court. 48. Money received to be sent immediately to the TreasuryAll money received under Rule 46 must be paid into the Treasury on the same working day, or on the morning of the next working day if received after the closing hours of the Treasury. 49. The names of both the actual depositor and be person on whose behalf the deposit is made should be enteredWhere money is received either by money order or through a Bailiff or Court Auctioneer, the words By money order or Through Bailiff or Through Court Auctioneer, as the case may be, should be entered in column 5 of the Register of Receipts beside the name of the person from whom the money is received. The Presiding Officer will then be responsible for checking the Treasury receipt numbers and dates of these items with the

challans received back from the Treasury, which should be laid before him on the following day. He should initial column 9 of the Register of Receipts in token of this check. 50. Treasury Receipt Number and date to be entered in Receipt RegisterWhen the application is received back from the Treasury, the Nazir will enter the treasury receipt number and date in column 8 of the Register of Receipts and the Presiding Officer will initial column 9 after verification. The application will then be placed on the judicial record of the case by the Ahlmad concerned. 51. Deposits in re prohibitory orders issued against salaries of Crown and Railway servantsDeposits in Courts which maintain accounts according to the voucher system in this section, in respect of prohibitory orders issued by them against the salaries of Government servants, railway employees, etc., will be made as follows: (i) Where a Government servant or railway employee, etc., is paid by an office which is situated in a station other than that in which the Court issuing the prohibitory order is located, the salary disbursing office must remit the amount to the Court by postal money order, the postal money order commission being deducted from the amount specified in the attachment order; (ii) Where a Government servant or railway employee, etc., is paid by an office which is situated in the same station at which the Court issuing the prohibitory order is located the salary disbursing office must deposit the amount in the local treasury or sub-treasury as a Revenue Deposit on a challan prepared by the salary disbursing office in triplicate; one copy of the challan will be retained by the treasury or sub-treasury for record, one copy will be returned by the Treasury Officer to the salary disbursing office as a receipt, and the third copy will be forwarded by the Treasury Officer to the Court issuing the prohibitory order with the number and date of the treasury deposit noted on it to enable the Court to make the necessary entries in its Register of Receipts and place the challan receipted by the treasury or sub-treasury on the judicial record of the case. Presiding Officer of Courts shall endorse all prohibitory orders with clear instructions, that is (i) or (ii) above as the case may be, to guide the salary disbursing offices how to pay into Courts the money attached.
Payments by Voucher

52. Mode of paymentsNo separate register for recording repayment of Civil Court deposits will be maintained by the Nazir of the Court. On receipt of an application for the repayment of such deposit, the Nazir of the Court will verify the item from the Register of Receipts and put up the application along with the register and the original record, if not already consigned to the record room, for orders of the Presiding Officer. After orders for repayment are passed by the latter, the nazir will prepare a voucher in form C. A. C. Form No. 27, enter the particulars of repayment in the Register of Receipts against the relevant item and will get both the register and the voucher signed by the Presiding Officer of the Court concerned. He will then deliver the voucher along with a memo showing brief particulars of payment to the payee for drawing money from the Treasury and place the application and the payees receipt for the voucher on record. The Treasury Officer will return the memo to the Court after recording thereon the

number and date of the Treasury voucher and these particulars should be noted against the entry of payment in the Register of Receipts over the signature of the Presiding Officer of the Court. 53. Duplicate voucherIf a second claim is presented for the amount shown in the Register of Receipts as paid a duplicate voucher may, if necessary, be issued to the payee after obtaining a non-payment certificate from the Treasury Officer,vide Article 16, Civil Account Code, Volume I. This voucher should be distinctly marked Duplicate. A note regarding the issue of the duplicate voucher should be recorded against the item in question in the Register of Receipts over the initials of the Presiding Officer. 54. Voucher forms should be supplied in book form, stitched and machine numbered Vouchers in form C. A. C. Form No. 27 are often supplied in unbound form. The Courts should not accept vouchers in form C. A. C. Form No. 27 except in book form stitched and machine numbered. 55. Repayment by transfer credit to Government AccountIn the case of repayment to be made by transfer credit to Government account, the voucher will be prepared by the Nazir in the same way as laid down in Rule 52 but signed by the Presiding Officer of the Court who should not distinctly on the voucher. Received payment by transfer credit to. . . . . . . . . . (specifying the appropriate head of account). On receipt of the voucher, the Treasury Officer will make the necessary entries in his account by debit to deposit and credit to the head specified in the voucher entering the amount in the relevant receipt schedule. Such voucher need not be stamped even though the amount involved exceeds Rs. 20.
Returns

56. Returns to be prepared by Treasury OfficerAll returns in connection with the receipt and repayment of deposits for submission to the Accounts Office will be prepared by the Treasury Officer and not by the Nazir of the Civil Court concerned. 57. All registers of Civil Court deposits and blank forms of the vouchers for repayment of deposits (form S. T. R. 41) shall be kept under lock and key.
CIVIL COURT DEPOSIT ACCOUNTS Schedule A List of Items which may Properly be Included in Civil Court Deposit Accounts

1. Money paid into Court by parties in anticipation of judgment. 2. Pre-emption money. 3. Decretal amounts paid in by judgment-debtors or by their superior officers, when their pay is attached, or by other Courts, on attachment of a decree.

4. Amounts realised in execution by Bailiffs or Court Auctioneers. 5. (Insolvency Court only): Advertisement charges and realisations from estates summarily administered. 6. (District Courts only): Compensation for land acquisition deposited by Collector. 7. Deposits for Court-fee in Probate, Letters of Administration and Succession Certificate cases. 8. Compensation deposited with District Judges or Subordinate Judges appointed as Commissioners under the Workmens Compensation Act. 9. Deposits under the Punjab Relief of Indebtedness Act. 10. Security required by a Civil Court and deposited by a party to a suit. 11. (District Courts only): Money realised in liquidation proceedings when this is not paid into an account opened by the Liquidator with the State Bank of India. 12. Any other amount received by a Civil Court in a case and cannot be disbursed immediately, provided that in no case will money be deposited in these accounts which under other rules is straightaway to be credited to Government revenues. NoteNo Court should receive money unless it is authorised to do so other By-law or by the rules of the High Court and in the absence of express authority, and of full particulars the deposit should be refused, otherwise, difficulties may arise over refunds. All money received must be brought to account. In particular, it should be noted that: (i) the taking of security in cash from subordinate official is absolutely forbidden; and (ii) Guardianship Courts are not allowed to take money into deposit on behalf of minors, Guardians frequently try to deposit money with the Court. They should be required to deposit it with an approved Bank in accordance with the rules on the subject. Other persons should be directed to make payment to the guardians.
CIVIL COURT DEPOSIT ACCOUNTS Schedule B List and Specimens of Registers, and Forms to be Maintained or Used by Courts in Civil Court Deposit Accounts

1. Note-Book of Execution Bailiff. 2. Register of Receipts (Cash system). 3. Register of Receipts (Voucher system).

4. Register of Disbursements (Cash system). 5. Cash-Book (Cash system). 6. Receipt form (Cash system). 7. Voucher form (Cash and Voucher systems). 8. Cheque (Cash system). 9. Challan form (Cash and Voucher systems). 10. Register of uncashed cheques (Cash system). 11. Treasury Pass Book (Cash system). 12. Form No. 28, Civil Account Code, Volume I (Cash system). 13. Clearance Register (Cash system). 14. Form No. 47, Civil Account Code, Volume 11 (Cash system). 15. Form No. 29, Civil Account Code, Volume I (Cash system). 16. Form No. 30, Civil Account Code, Volume I (Cash and voucher system). 17. Intermediate Register (Cash and Voucher systems).

18. Stock book of forms of NoteForms No. 1 to 18 are not being published here. 1. Words of Punjab substituted for the words in Council.

CHAPTER 1
Ch. 1

Practice in the Trial of Criminal Cases

Part A]

Part A GENERAL

1. Court Hours(1) All Criminal Courts in Punjab and Delhi shall sit at the same hour on every day that is not a holiday for Criminal Court. The ordinary Court are from 10 A.M. to 4 P.M. with an interval for luncheon from 1 to 1-30 P.M. Saturdays shall be full working days for Courts and offices attached thereto but the last Saturday of each month may be observed as a close day. The working hours for offices attached to Criminal Courts are from 10 A.M. to 5 P.M. Change of hours during summerThese hours may be varied in Summer (May to September) with the previous sanction of the High Court if it would be for the convenience of the litigating public generally and of the Courts to do so. Ordinarily, when change of hours is desired, the Deputy Commissioner should apply though the District and Sessions Judge; but if the Deputy Commissioner does not move in the matter and the District and Sessions Judge desires the change, he should apply after consulting the Deputy Commissioner. The date from which it is proposed that any change should take effect should, be fixed sufficiently ahead in order to allow not only for time for obtaining the sanction of the High Court, but also for proper notice to the Public in general and to the parties to criminal cases in particular. It is not necessary to obtain the sanction of the High Court before the normal Court hours are reverted to at the close of summer, but such reversion should take place at the same time for all Court, civil and criminal, and the Deputy Commissioner and District and Sessions Judge should consult each other before the reversion is ordered. (2) Local and seasonal changesIn view of the intensity of heat all civil and criminal Courts in the districts of Rohatak, Hissar and Gurgaon shall work from 7 A.M. to 1 P.M. with no interval for lunch from 1st May to 15th July. No reference need be made to the High Court for change of Court hours during summer in these districts.
1

(3) The working hours for offices located at the hill stations of Simla, Dharamsala and Kulu subdivision are sometimes cut short by an hour during certain winter months by instructions issued from time to time.
2

(4) Court hours for Honorary MagistratesRegarding Court hours for Honorary Magistrates at Delhi.

2. Closing HourThe hearing of a case taken up before 4 P.M. (or whatever may be the closing hour of the Court) may, if necessary be continued for a short time after that hour; but no new case should be taken up after the hour when the Court is timed to rise. 3. Place of SittingAll trials when held at the headquarters of a district or sub-division should be conducted by officers at their Court houses only. The Honorary Magistrates or a Bench of Honorary Magistrate at Delhi shall, unless otherwise permitted by Government hold Court in Government or Government rented building within the limits of a Municipal, Cantonment or Notified Area. Criminal cases should as a rule be taken up at the headquarters of a district or tehsil, but when it becomes necessary to take up a case on tour, care should be taken to see that the parties get due notice of the place and hour fixed for their attendance. 4. Petition Box(a) A petition box shall be placed in the verandah of the Court house about one hour before the Court sits, an official being specially made to attend early for this purpose. It shall be opened in the presence of the Magistrate about 15 minutes after the Court opens when all petitions shall be initialed by him. The Magistrate shall pass proper orders forthwith or inform the petitioner when orders will be ready after the necessary Kaifiyats have been put up. The box shall be replaced in the verandah and opened again shortly before the Court rises for luncheon in the presence of the Magistrate and the same procedure followed. It shall then be replaced once more in the verandah and opened for the last time 15 minutes before the time fixed for the rising of the Court and the procedure prescribed above followed. After the box has been opened for the third time, it shall not be replaced in the verandah but petitions may thereafter be presented upto the closing hour of the Court to the Magistrate personally who shall receive them. A list of all miscellaneous petitions, etc., on which orders cannot be passed forthwith, should be prepared and exhibited outside the Court room specifying the date fixed for the disposal of each petition. (b) Urgent MattersIn urgent cases, however, the Magistrate may exercise his discretion and personally receive documents presented to him direct at any time. (c) Ministerial staff not to receive petitions etc.The members of the ministerial establishment are strictly forbidden to receive complaints, petitions or other documents direct from lawyers and their clerks or from litigant except when the Magistrate is on leave and no other Magistrate is in charge of his current duties. District Magistrates should, however, invariably make arrangements for the reception of complaints, petitions, etc. by another Magistrate when a Magistrate is temporarily absent on leave, tour or otherwise. Where there is a single Magistrate at a station such as a Moffassil or outlying Court, District Magistrates should issue such orders as may be necessary in the peculiar circumstances of each case to ensure the convenience of the general public. (d) ExceptionsThe above orders do not apply to applications put in by counsel for the inspection of records which may be presented to the Magistrate personally, nor do they apply to talbanas and stamped postal envelopes filed by litigants which should be received direct by the Ahlmad or the Moharrir and a receipt given for the same whether demanded or not.

(e) Bail applicationsA list showing the hours at which bail applications and other miscellaneous applications are entertained shall be displayed outside the Court room of each Magistrate. Urgent application may, however, be entertained outside the hours fixed for ordinary applications. 5. Open CourtSection 352 of the Code of Criminal Procedure (Section 327 of New Code) lays down that the place where a Criminal Court is held shall be deemed an open Court to which the public generally may have access so far as the same can conveniently contain them, but the discretion to exclude the public from the ordinary Court room rests with the Presiding Magistrate. When, however, the Presiding Magistrate, for any reason, excludes the public by holding his Court in a building such as jail, to which the public is not admitted (and he is not entitled) to do so without permission of the Department concerned he should obtain the sanction of Government thereto, through the District Magistrate, and should inform the High Court that sanction has been accorded. 6. Speedy disposal of casesMagistrates should as a rule give priority to Criminal cases over other work, especially when an accused person is in custody. Attention is drawn to the new subsection (1) inserted in Section 344 of the Code by the Code of Criminal Procedure (Amendment) Act, 1955, (No. 26 of 1955), [see Section 309(1) of new Code] according to which in every enquiry and trial the proceedings shall be held as expeditiously as possible. In particular, when the examination of witnesses has once begun the proceedings shall be continued from day to day until all the witness in attendance have been examined. If the adjournment of the case beyond the following day is considered necessary the Court must record its reasons in writing. The new proviso to sub-section (1-A) further says that when witnesses are in attendance an adjournment or postponement cannot be granted without examining them, except for special reasons to be recorded. Adjournments when necessary should be as short as possible, according to the circumstances of the case. Special care should be taken in the trial of a person accused of a nonbailable offence who is in custody as according to the new sub-section (3-A) of Section 497 of the Code (as inserted by Act No. 26 of 1955) [see Section 437(6) of the new Code] if the trials is not concluded within sixty days of the first date fixed for taking evidence in the case, the person may have to be enlarged on bail. The Court has to record its reasons if it decides to keep the accused in custody beyond the period of sixty days mentioned in the said sub-section. 7. Reasonable cause for postponementIt is not a reasonable cause of postponement under Section 344 of the Criminal Procedure Code (see Section 309 of new Code] except for a short period, that there are other accused in the case for whose arrest it is considered by the Court desirable to wait in order that all the accused may be put on their trial together. Such an order consults the convenience of the Court and witnesses only, whereas every accused has a right to have the evidence against him recorded at as early a period as possible. 8. Witnesses should not be produced on the date of presentation of the challan. Section 251-A, inserted in the Code by Act No. 26 of 1955, [now see Sections 238, 239, 240(1)(2), 241, 242(1)(2), 243(1)(2)(3), 248(1)(2) of new Code] lays down a New procedure for the trial of warrant cases instituted on police report. When the accused appears or is brought before the Magistrate, he has to satisfy himself that the document referred to in sub-section (1) of Section 173 have been furnished to the accused as required by sub-section (4) and (5) inserted in Section

173 by Act No. 26 of 1955 [now see Sections 173 (3) to (7) of new Code]. Sub-section (4) requires that the accused should have been furnished with these documents before the commencement of the inquiry or trial. It is therefore, desirable that the accused should have a reasonable time to study these documents before the Magistrate proceeds to examine and hear the accused under sub-section (2) and (3) of Section 251-A [now see Sections 238, 239, 240(1)(2), 241, 243(1)(2)(3), 248(1)(2) of new Code]. If the Court frames a charge and the accused does not plead guilty a date for the examination of witnesses for the prosecution will be fixed at that stage. These instructions do not, however, apply to such summons cases the trial of which can be completed forthwith and should not be delayed even for a few days. Now a summons case would be a case relating to an offence which is punishable otherwise than with death or with imprisonment exceeding one year. 9. Relief to CourtsIn criminal cases, in which the proceedings are likely to be protracted, the proper course for the Magistrate trying the case is to apply to the District Magistrate to be relieved of other work to such an extent as to enable him to deal promptly and efficiently with the case. If for any reason such cases have to be taken up by a District Magistrate or a Treasury Officer, it will usually be possible for such officers on the district staff. If, however, the ordinary staff is not sufficiently strong temporary assistance should be applied for. 10. Adjournments caused by holidays, etc.On the occurrence of an unexpected holiday or the unexpected absence of an officer, the Presiding Officer, before his departure or before finishing the work on the day proceeding the holiday, should himself fix fresh dates of hearing in the peshi register for the cases fixed for the day in question. The register, should then be made over to the reader of the Court, or in the case of a holiday to a selected reader, who should be made responsible for informing all parties and witnesses of the adjournments given on their coming to attend the closed Court or Courts. On holidays the duty Magistrate at headquarters should check and supervise the work of the selected reader for the Criminal Courts at least once in the course of the morning. 11. Daily progress reportsThe forms prescribed for reporting the daily progress of cases should be used by Magistrates without fail and a copy should be sent daily to the District Magistrate or Sub-Divisional Officer as the case may be. 12. Explanation for delay in quarterly statementsMagistrates shall furnish in quarterly criminal statement No. 11, explanations of delay in the disposal of cases pending over 4 months. 13. History SheetsMagistrate shall submit history sheets containing abstract of orders passed in different dates in all cases pending over one year provided they are not stayed. When delay is said to be due to a transfer application pending in a higher Court, it is the duty of the higher Court concerned to look into and remark on the causes of delay and to expedite disposal of the transfer application.

Part B]

Part B INITIATION OF PROCEEDINGS

1. Manner in which Magistrate may take cognizance of an offenceSection 190 of the Code of Criminal Procedure provides that a Magistrate who is specially empowered in this behalf may take cognizance of any offence: (a) upon receiving a complaint of facts which constitute such offence; (b) upon a report in writing of such facts made by any Police officer; (c) upon information received from any person other than a Police officer, or upon the Magistrates own knowledge or suspicion, that such offence has been committed. NoteA Magistrate of third class cannot take cognizance of an offence upon information or knowledge. 2. Right of accused for transfer of a case taken up by a Magistrate on information or knowledgeIn most cases Magistrates take cognizance either under clause (a) upon a complaint or under clause (b) upon the report of a police officer. A Magistrate taking cognizance of an offence under clause (c) must, before any evidence is taken, inform the accused person that he is entitled to have the case tried by another Court, and if the accused objects to being tried by such Magistrate, the case must be committed to the Court of Sessions, or transferred to another Magistrate (Section 191). 3. Complaints how to be dealt withComplaints of offence made in writing should be received during office hours on all days other than public holidays. Upon the institution of a complaint, the date of presentation should be immediately endorsed thereon, together with the name of the Magistrate to whom the case is to be sent for inquiry to trial under Section 192 of the Code, and the complainant directed to appear before him either the same day or one of the following days for examination of the complainant and the witnesses present, if any. Similarly if the complaint has not been made in writing, the Magistrate should direct the complainant and his witnesses to the proper Court. 4. Oral examination of complainant and preliminary inquiryThe first duty of Magistrate taking cognizance of an offence on complaint is to examine the complaint and the witnesses present, if any, on oath and to record the substance of the examination in writing. The same shall be signed by the complainant and the witnesses and also by the Magistrate. Such examination of the complainant etc. is not necessary where a complaint in writing is made (a) by a Court or a public servant acting or purporting to act in the discharge of his official duties or (b) when a Magistrate empowered under Section 192 of the Code decides to transfer the complaint to a Subordinate Magistrate. The duties of a Magistrate receiving a complaint are detailed in Sections 200 to 203 of the Code, to the latter of which strict attention should be paid. Magistrate of the first and second clauses to whom along have the power to direct an inquiry under Section 202, should not refer complaints of non-cognizable offences to the Police for inquiry, except for very

special reasons, and in all trivial cases one of the other modes of inquiry permitted by the section should be adopted. 5. When process should issue against accusedWhen the complainant and the witnesses present, if any have been examined and any inquiry or investigation ordered under Section 202 has been completed, the Magistrate may dismiss the complaint, if, in his judgment there is no sufficient ground for proceeding. If the Magistrate finds sufficient ground for proceeding he should issue process for the attendance of the accused. No summons or warrant shall however be issued against the accused until a list of prosecution witnesses has been filed and in proceedings instituted upon a complaint made in writing the summons or warrant shall be accompanied by a copy of the complaint [sub-section (1-A) and (1-B) of Section 204]. 6. Importance of examination of complainant before issue of processThe examination of complaints and the witnesses prescribed by the Code of Criminal Procedure is not a mere formality, as the result of the examination enables the Magistrate to determine whether he will put the machinery of the Criminal Court in motion by issuing a summons or warrant to cause the attendance of the accused before him. Section 203 lays down that if, in the judgment of the Magistrate, there is no sufficient ground for proceeding, he shall dismiss the complaint. The preliminary examination, therefore, if properly made, will frequently result in the summary dismissal of a complaint and save innocent person from the trouble and annoyance of appearing at the bar of a Criminal Court. In the interest of the public, therefore, as well as with a view to the repaid despatch of work, a careful observance of the law in this particular is incumbent upon Magistrates. 7. Presentation of Police report. Changes in lawThe provisions of the law as to the procedure of the Police in investigating offences and submitting reports in regard thereto are dealt with in this Volume in Chapter 11, Police. The power to hold a preliminary magisterial inquiry into cases reported by the Police, conferred by Section 159 of the Code, should not be lost sight of. For the duties of Magistrates in ordering remands to Police custody. Chapter 11, referred to above, should be consulted. After completion of the investigation the police present a report (usually called a challan under Section 173 of the Code and upon such report Magistrate can take cognizance under-clause (b) of Section 190. Section 173 has been recently amended by Act No. 26 of 1955 and the new sub-sections (4) and (5) provide that before the commencement of the inquiry of trial the accused should have been furnished, free of costs of copy of the report forwarded under sub-section (1), of the first information report recorded under Section 154 and of all other documents of relevant extracts thereof, including statements and confessions, if any, recorded under Section 164 and Statements of all prosecution witnesses recorded under subsection (3) of Section 161. Where copies of portions of the documents and police record mentioned above have been withheld by the police officer under sub-section (5) the Magistrate shall at the commencement of inquiry or trial commencement of inquiry or trial consider how far the Police officer was justified in not supplying copies of these documents etc. and may direct copies of parts excluded or portions thereof, as he thinks proper, to be supplied to the accused. Thereafter the Magistrate shall proceed in warrant cases instituted on police report according to the procedure laid down in Section 251-A of the Code as inserted by Act No. 26 of 1955 [now see Sections 238, 239, 240(1)(2), 241, 242(1)(2)(3) and 248(1)(2) of new Code].

8. Inquiry into nature of offence and other preliminaries in order to see whether Court has jurisdictionThe question of jurisdiction requires careful attention at the initial stage. Schedule II of the Code of Criminal Procedure shows the classes of Courts by which different offences are triable. In determining the nature of the offence, the facts ascertained by the examination of the complainant and his witnesses and the preliminary inquiry (if any), should be taken into consideration and importance should not be attached to the particular section specified or the offence alleged in the complaint, as complaints are often drafted by men ignorant of law, and there is also a tendency of exaggerate the nature of the offence. It should be also remembered that certain offences cannot be taken cognizance of at all except upon the complaints of certain person or Courts or with the previous sanction of the Government (vide Sections 195-199-A, Criminal Procedure Code). [Now see Section 195-198 of the new Code]. 9. Jurisdiction also depends on the place of commission of offenceThe question of jurisdiction arises also with reference to the place of inquiry or trial. The general rule prescribed by Section 177 is that an offence shall be ordinarily inquired into and tried by a Court within the local limits of whose jurisdiction it was committed, but the subsequent sections create various exceptions to this rule. 10. Cases where place of commission of offence is ascertainWhen for instance it is uncertain in which of several local areas an offence was committed; or where an offence is committed partly in one local area and partly in another; or where the offence is a continuing one and continues to be committed in more local areas than one; or where the offence consists of several acts done in different local areas; it may be inquired into or tried by a Court having jurisdiction over any of such local areas. The same rule applies to offences committed on a journey, which may be inquired into or tried at any place through which the offender or property affected passed in the course of such journey. 11. Procedure where Magistrate thinks that he has no jurisdiction or cannot impose proper sentenceIf a Magistrate finds that the offence disclosed is not triable by him, he should report the case to the District Magistrate for its transfer to a competent Court. He should take similar action when he finds that although he has jurisdiction to try the offence, he will not be able to impose an adequate sentence in the event of a conviction.
Part C]

Part C (i) ATTENDANCE OF ACCUSED PERSONS

1. When summons or warrants should issueWhen a Magistrate taking cognizance of an offence is of opinion that there is sufficient ground for proceeding, he must decide whether a summons or a warrant should issue in the first instance for the attendance of the accused. The fourth column of the second Schedule of the Code shows, in regard to offences, whether a summons or a warrant should ordinarily issue. Sub-sections (1-A) and (1-B) of Section 204 require that no summons or warrant shall be issued against the accused until a list of prosecution witnesses has been filed and that where a proceeding is instituted upon a complaint in writing the summons or warrant shall be accompanied by a copy of the complaint.

2. Discretion of Magistrate to issue summons or warrantsEven where the law provides for the issue of a warrant in the first instance, a Magistrate may, in his discretion, issue a summons. On the other hand, a Magistrate may, after recording his reasons for as doing issue a warrant instead of a summons in a case in which the law provides for the issue to the first instance of a summons. Sections 90 and 204 of the Code [now see Sections 87 and 204 of new Code] should be referred to on this subject. The former section authorises the issue of a warrant instead of a summons (1) where the Court has reason to believe that the accused has absconded or will not obey the summons, or (2) if, after service of a summons, the accused fails to appear and offer no reasonable excuse for non-attendance. It should also be borne in mind that where process-fees or other fees are payable, a process should not issue until such fees are paid, and that in default of payment of the fees within a reasonable time, the Magistrate may dismiss the complaint. 3. Warrant should not issue unless absolutely necessaryGreat care should be taken not to issue a warrant when a summons should be sufficient for the ends of justice. Magistrate should remember that the issue of a warrant involves interference with the personal liberty of a person and should take care to see that no greater hardship is caused than is necessary. Under Section 76 of the Code [now Section 71 of new Code] a Court has the discretion to make the warrant bailable, and this discretion should be exercised with due regard to the nature of the offence, the position of the accused person and the circumstances of the case. 4. BailWhen the accused person appears before the Court the question of bail arises. In the case of a bailable offence an accused person must be allowed to remain at liberty if he can furnish bail for his appearance during the course of the trial. A Magistrate has the discretion to allow bail even in the case of non-bailable offences in certain circumstances. 5. When attendance of accused may be dispensed withA criminal trial should be conducted in the presence of the accused. Sections 205 and 540-A (as amended by Act 26 of 1955) of the Code [now see Sections 205 and 311 of New Code] give a discretion to the Court to dispense with the personal attendance of the accused in certain circumstances. 6. Service of processesThe provisions of the law relating to the service of processes on persons employed in the public service require special attention.
(ii) ATTENDANCE OF PRISONERS IN CRIMINAL COURTS
Part C]

1. Attendance of prisoners in Criminal CourtsThe attendance of any person confined in any prison may be required by any Criminal Court either : (a) to give evidence, or (b) to answer a charge of an offence. 2. Act No. 32 of 1955In cases (a) above, any Criminal Court may make an order in the form set forth in the First Schedule of the Prisoners (Attendance in Courts) Act, 1955 (No. 32 of 1955) and directed to the officer in charge of the prison. In case (b) above, the order shall be made in

the form set forth in the second Schedule of the said Act and shall, likewise, be directed to the officer-in-charge of the prison. Such orders of a Criminal Court inferior to the Court of a Magistrate of the first class shall not have effect unless counter-signed by the District Magistrate to whom that Court is subordinate or within the local limits of whose jurisdiction the Court is situate. NoteAct No. 32 of 1955 extends to whole of India, except the State of Jammu and Kashmir. 3. Prison, Definition of(1) Prison includes : (i) any place which has been declared by the State Government, by general or special order to be subsidiary jails ; and (ii) any reformatory, borstal institution or other institution of a like nature [Clause (b) of Section 2, ibid}. (2) State Government in relation to a Union territory means the Lieutenant-Governor or, as the case may be, the Chief Commissioner of that territory [Clause (c) of Section 2, ibid}. 4. ExemptionsUnder Section 4 of the Act, the State Government may, under the circumstances mentioned in sub-section (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he/they may be confined. The provisions of Section 3 shall not apply to such person or persons so long as any such order remains in force. 5. Officer-in-charge of a prison to produce the person confined before the CourtOn the delivery of any order made under Section 3, the officer-in-charge of the prison in which the person named in confined shall cause that person to be taken to the Court in which his attendance is required, on the date and time mentioned in the order. He shall cause that person to be detained in custody, in or near the Court, until the presiding officer of the Court authorises him to be taken back to the prison. (Section 5, ibid). 6. When he may abstain from carrying out orders of CourtThe Officer-in-charge of the prison shall abstain from carrying out an order made under Section 3 under the circumstances mentioned in Section 6 of the Act. He shall not however so abstain from carrying out the orders of a Criminal Court if the person named in the order is not declared in accordance with rules made in this behalf to be unfit to be removed from the prison in which he is confined or where the person named in the order is required to attend at a place which is not more than five miles distant from that prison. 7. Examination on commissionSave as otherwise provided in this Act and any rules made thereunder, the provisions of the Code of Civil Procedure, 1908, and the Code of Criminal Procedure, 1898, as the case may be shall, so far as may be, apply in relation to the examination on commission or otherwise on any person confined in a prison as they apply in relation to the examination on commission of any other person (Section 8, ibid).

8. Courts orders to issue in timeIn order to avoid unnecessary delays in the trial of Criminal cases it is essential that all orders for the production of persons confined in a prison should be issued well in advance of the date fixed for the hearing of the case.
Part D]

Part D PROCEDURE IN ENQUIRIES AND TRIALS BY MAGISTRATES (a) General Remarks

1. Procedure in the trial of casesThe Code of Criminal Procedure recognises four distinct methods of procedure in the trial of criminal cases by Magistrates, namely: (a) the procedure prescribed for the trial of summons-cases ; (b) the procedure prescribed for the trial of warrant-cases instituted on police reports; (c) the procedure prescribed for the trial of other warrant-cases ; and (d) the procedure prescribed for summary trials. As to the manner of recording evidence prescribed in regard to each of these forms of procedure reference should be made to Part E of this Chapter. Stated generally there is in the summonscase, ordinarily a memorandum of the substance of the evidence and defence and no more. As for other trials before a Court of Session, or a Magistrate and in enquiries under Chapter XII and XVII of the Code, Section 356 [now see Section 275 of the new Code as amended by Act 26 of 1955] enables the presiding officer to have the evidence of each witness taken down in writing, in the Court language, from his dictation in open Court. In cases where the Presiding Officer has taken down the evidence with his own hand or has caused it to be taken down in writing from his dictation in open Court as laid down in sub-section (1) of Section 356 he need not made a memorandum of the substance of what the witnesses depose; if the evidence is recorded any of the other manners laid down, then in warrant cases and inquiries under Chapter XII and XVII of the Code it may be necessary to have a double record as before. In a summary trial in which an appeal lies, the Magistrate or Bench shall in addition to the particulars mentioned in Section 263 of the Code record the substance of the evidence and before passing any sentence, record a judgment in the case. The recent amendments of Section 264 of the Code deserve attention. The main differences in the procedure prescribed for conducting trials under each method will now be alluded to briefly.
(b) Procedure in the trial of summons cases

2. Summons cases, and admission by accused(1) In view of the amendment of the definition of warrant-case by Act No. 26 of 1956, a summons-case would now be a case relating to an offence which is punishable otherwise than with death or with imprisonment exceeding one year.

(2) In a summons-case (Chapter XX of the Code), when the accused person is before the Court, the particulars of the offence of which he is accused are stated to him and he is asked to show cause why he should not be convicted. No formal charge is prepared. (Section 242 of the Code (now see Section 251 of new Code). If the accused admits that he has committed the offence, his admission should be recorded as nearly as possible in his own words, and if he shows no sufficient cause why he should not be convicted, he may be convicted accordingly. (Section 243, now see Section 252 of new Code). 3. Summons cases, and denial by accusedIf the accused denies that he has committed the offence, the complainant and his witnesses must be examined, the accused must be heard, and evidence produced by him taken. The parties are required to have their respective witnesses present at the hearing and it is open to them to apply to the Court, in sufficient time, to issue process to compel the attendance of any witness or the production of any document or other thing required in evidence. The cost of the processes and the reasonable expenses of witnesses should be paid by the parties, respectively. (Section 244, now see Section 254 of new Code). 4. Conviction for a different offenceWhen the parties and their evidence have been heard, the Magistrate will pass an order of acquittal or conviction, as the case may be. (Section 245, now see Section 254 of new Code). An accused person may be convicted of any offence triable as a summons-case of which he may be found guilty, whatever the nature of the offence specified in the complaint or summons. [Section 246, now see Section 255(3) of new Code]. 5. AdjournmentIn a summons-case instituted on complaint, if the complainant fails to attend on any day fixed for hearing, the accused should be acquitted unless the Magistrate thinks proper to adjourn the hearing to some other day. In view of the proviso to Section 247 [now see Section 255(3) of new Code], as amended by Act 26 of 1955, the Magistrate can also dispense with the complainants attendance and proceed with the case. A summons-case may, with the permission of the Magistrate, and for sufficient grounds, be withdrawn at any stage before the order is passed and the accused acquitted (Section 248, now see Section 257 of new Code). Section 345 of the Code (now see Section 320 of new Code) permits certain offences, some of which are summons-cases, to be compounded without the permission of the Court, and should be read with Section 248 (now see Section 257 of new Code). Other offences, including that of causing grievous hurt, punishable under Section 325, Indian Penal Code, are compoundable with the permission of the Court. Offences may, with the permission of the Appellate Court, be compounded after conviction, and, with the permission of the Court to which the case has been committed, after commitment. In a summons-case instituted otherwise than on complaint, the Magistrate may for sufficient reasons to be recorded by him, stop proceedings at any stage without pronouncing any judgment either of acquittal or conviction and may thereupon release the accused; but a Magistrate of the second or third class can act in this manner only with the previous sanction of the District Magistrate. (Section 249, now see Section 258 of new Code). It frequently happens that applicants for revision urge that no proper opportunity was given to them to call witnesses to rebut the evidence for the prosecution, and there is often nothing on the record to show that this allegation is not well founded. Under Section 244 of the Code of Criminal Procedure (now see Section 254 of new Code) the accused, in a summons-case, is primarily responsible for the production of his evidence on the day of hearing; but even in these

cases the Court should, as a matter of precaution, at the conclusion of the case for the prosecution, ascertain from the accused whether he has any witnesses, and should not refuse to give him a further opportunity of bringing or summoning witnesses who may not be present in Court unless it appears that their evidence is not material or that the accused has been wilfully negligent in the matter. In every summons-case in which no witnesses are produced for the defence, the Court should record either that the accused does not wish to call witnesses, or that for reasons stated he has been refused a further opportunity of doing so. In order that persons accused in summons-cases may have a better opportunity of knowing what the law expects of them, a clause has been added to the form of summons warning the person addressed that, unless he is prepared to admit the offence with which he is charged, he must bring his witnesses with him on the day fixed for hearing.
(c) Procedure in the trial of warrant cases instituted on Police Report

6. Warrant case on Police reportIn a warrant-case (Chapter XXI of the Code) the procedure would now depend on whether the case has been instituted on a police report or otherwise. Section 251-A (now see Section 238-243 and 248 of new Code) as inserted in the Code by Act 26 of 1955 governs the procedure in warrant cases instituted on police reports. When the accused appears or is brought before the Magistrate, he (the Magistrate) should, at the commencement of the trial, satisfy himself that the documents referred to in Section 173 have been furnished to the accused. If this has not been done the Magistrate shall, subject to the provisions of Section 173 (5) cause them to be furnished to the accused. Sub-section (4) of Section 173 requires that the Officer-in-charge of the police station should have done so before the commencement of the inquiry or trial and the accused should therefore have a reasonable time to study these documents before the trial commences. 7. Discharge of accusedThe Magistrate shall then consider all these documents and make such examination of the accused as he thinks necessary and after giving the prosecution and the accused an opportunity of being heard, make up his mind whether he should frame a charge. It is not now necessary that any prosecution witnesses be examined before the charge is framed. If the Magistrate considers the charge against the accused to be groundless he shall discharge the accused. If the Magistrate is of the opinion that there is ground for presuming that the accused has committed an offence which the Magistrate is competent to try and can adequately punish, he shall frame in writing a charge against the accused. 8. Course to be adopted when Magistrate is not competent to try case or is not able to adequately punishIf the Magistrate is not competent to try the case as made out by the prosecution, or sees reason to think that he could not adequately punish the accused in case of conviction, he should, at this stage, take the orders of the Magistrate to whom he is subordinate, or proceed under Chapter XVIII, if so empowered. The power of reference conferred by Section 349 of the Code (now Section 325 of new Code) is limited to cases in which, after the trial is complete, a Magistrate of the second or third class considers that he cannot adequately deal with the case. Sections 254 or 251-A (3) [now see Sections 246(1) and 238-243 and 248 (1 )(2) of new Code] are of general application and require the Magistrate to form an opinion before the charge is framed as to his being able to adequately punish the accused in case of conviction. Where it is clear at this stage that he cannot, in the event of conviction, adequately punish the

accused, he should stay proceedings and refer the case to the District Magistrate for orders or, if competent, proceed to hold an inquiry with a view to committing the accused for trial. 9. Framing and joinder of chargeThe provisions of Chapter XDC of the Code as to the framing of the charge should be carefully consulted. Sections 221 to 223 (now see Sections 211 to 213 of new Code) show the form in which a charge must be drawn up and the particulars which must be entered therein; and Sections 233 to 239 (now see Sections 218 to 233 of new Code) show how charges may be joined, when they should be in alternative form, and what persons may be charged jointly. Special care is needed in the matter of joinder of charges. It has been held by the Privy Council that misjoinder of charges against the express provision of law vitiates a trial {see 25 I.L.R. Madras, 61 P.C). Section 235 (now see Section 20 of new Code) is also important and should be read with Section 71 of the Indian Penal Code. In all cases in which it is intended to prove previous convictions for the purpose of affecting the punishment which the Court is competent to award, the fact, date, and place of the previous conviction should be set out in the charge. 10. Pleading of accused to chargeThe charge shall then be read and explained to the accused and he shall be asked whether he is guilty or claims to be tried. If the accused pleads guilty, the Magistrate shall record the plea and may in his discretion convict him thereon; but it is to be remembered that a plea of guilty can only be recorded when the accused person raises no defence at all. If, for example, he admits material facts, but denies guilty knowledge or intention, the plea cannot be regarded as one of guilty. If the accused refuses to plead or pleads not guilty he should be called upon to enter upon his defence after the prosecution case is closed. When previous convictions are included in the charge, the accused should also be asked whether he admits the convictions and his reply should be recorded. If he denies them the convictions must be proved in the manner prescribed in Section 511 (now see Section 298 of the new Code) after the accused is convicted of the offence with which he is charged (Section 255-A) [now see Section 248(3) of new Code]. If the accused does not plead as above or claims to be tried the Magistrate shall fix a day for the examination of the witnesses for the prosecution. The Magistrate may permit the crossexamination of any prosecution witness to be deferred until any other witness or witnesses have been examined and may recall any witness for further cross-examination. 11. Day to day hearingAfter the charge has been framed the Magistrates should insist on dayto-day hearings until the prosecution evidence is concluded. In this connection the instructions with regard to speedy disposal of cases contained in para 6 of Chapter 1-A and the recent amendments of the Code mentioned therein may be carefully studied. The recently inserted Section 510-A (Now Section 296(1)(2) of new Code) now permits evidence of a formal nature to be given on affidavits; but the Court may and if so required by the prosecution or the accused, shall summon and examine the person making the affidavit as to the facts contained therein. The remarks in this para apply also to defence evidence.

12. Examination of accused and his entering upon his defenceAfter all the witnesses for the prosecution have been examined and before the accused is called on for his defence, the Court must examine the accused and question him generally on the case as required by Section 342 (now see Section 373 of the new Code) for the purpose of enabling the accused to explain any circumstances appearing in the evidence against the accused. An examination of the accused for that purpose can also be made at any earlier stage of the case but such examination at the conclusion of the prosecution evidence is mandatory. High Courts have an appeal set aside, as materially irregular, conviction in cases where such examination was not made at this stage in the trial of the case. In this connection see 1953 Supreme Court Reports 418. An examination of the accused under sub-section (1) of Section 342 (now Section 373 of new Code) shall be without oath. If the accused puts in any written statement it shall be filed with the record. [Section 251-A(8) now Section 243 (1) of new Code]. As regards the manner in which statements of accused persons should be recorded, detailed instructions will be found in Chapter 13. 13. Court to assist accused in conduct of the caseIn a very large number of criminal appeals and in numerous petitions for revision one of the principal grounds taken is the alleged existence of some special hostility to the accused on the part of the prosecution witnesses, or of some tie (whether of relationship or friendship) between them and the complainant in the case. Such points should doubtless be elicited by the accused in the Court of first instance in crossexamination. But few, except old offenders, understand the object of cross-examination. If, in addition to asking in accused person to cross-examine the witness, Magistrates would, where the accused is not represented by counsel, at the conclusion of each witness statement call on the accused to state what objection he has to make to the evidence given by him, such matters would be cleared up. Another frequent ground taken in appeal is that the accused did not understand what he was required to prove or disprove, or was not asked what evidence he could give to rebut the case for the prosecution. These points should be as clearly explained to persons accused of criminal offences as are the issues to the parties in a civil suit, and all Magistrates should devote particular attention to this matter. 14. Defence witnesses and cost of summoning themThe Magistrate is bound to cause the production of and hear all witnesses whom the accused desires to call, and to consider any documentary evidence relied on by him. The only exception to this rule is where the Magistrate considers that in naming any witnesses the object of the accused is to cause vexation or delay or to defeat the ends of justice. In case the Magistrate refuses to receive his reasons for such refusal in writing. In view of the proviso to sub-section (9) of Section 251-A [now see Section 243(2) new Code] the attendance of a witness should not be compelled at the request of the accused where he has cross-examined or has had the opportunity of cross-examining the witness after the framing of the charge, unless the Magistrate is satisfied that is necessary for the ends of justice.

In view of Section 342-A of the Code (now Section 315 of new Code), as inserted by Act 26 of 1955, an accused may now appear as a witness for the defence and may give evidence on oath in disproof of the charges made against him or a co-accused. He cannot, however, be so examined except on his own request in writing and his failure to do so cannot be made the subject of any comment by the parties or the Court or raise any presumption against him or a co-accused. The Magistrate may, before summoning any witness applied for by the accused, require the accused to deposit reasonable expenses for his attendance. In ordinary warrant-cases, however, the cost of causing the attendance of accuseds necessary witness is usually borne by Government.
COMMENTS The Magistrate requiring the accused to pay reasonable expenses likely to be incurred by the witness in attending to Court under Sub-section (3) of Section 243 Criminal Procedure Code should state the reasons and not act as a matter of routine. He should consider the provisions under Section 312 of the Code and Rr/ad. 14 of Vol. Ill of Rules and Order of Punjab High Court. These provisions indicate that the accused should be asked to deposit the costs only in exceptional circumstances where the witness was being called to cause vexation of delay or for defeating the ends of justice. Normally the Government should meet the expenses. Surinder Kumar v. State, 1982 Cr. L.J. 548.

15. Cost of adjournmentThe attention of Criminal Courts is drawn to 20 P.R. 1904 (Cr) in which it was held that the expression on such terms as it thinks fit in Section 344 (1A) of the Code gives the Court power to award cost for an adjournment to the party to whom loss is caused by such adjournment. In exceptional circumstances when the accused is clearly at fault he may be ordered to pay costs (1953 Cr. L.J. 1479 and I.L.R. (1945) 1-Cal. 481), but generally when proceedings can be taken against him for the forfeiture of his bail bond for non-attendance on any hearing it would be improper to expose him also to a different penalty for payment of complainants costs (AIR 1948 Cal. 194). The provisions, of Section 344 [now Section 309(1) (2) of Code] enabling a trial Court to order costs for an adjournment are not applicable to Courts of appeal or revision (1952 A.L.J. 614).
COMMENTS The words on such terms as it thinks fit in Section 344 of the Code of Criminal Procedure are wide enough to include an order for cost. If, however, the Magistrate has no discretion in the matter and has no power to refuse the adjournment, costs cannot be awarded. Thus, when an accused applied for an adjournment because he was ill, the Magistrate having no option but to adjourn the case, although he might issue a warrant of arrest against the accused, an order of cost to be paid by the accused to the complainant was not legal. Ichab Shaikh vs. Kshirode Kumar Ghosh, (1945) I.L.R. I Cal. 481. (Beedha vs. Emperor, AIR 1922 All. 184, and Gulab Singh vs. Inder Singh, AIR 1934 Lah. 441, followed.)

16. Finding and sentenceAt the conclusion of the trial the Magistrate must record his finding and, in case of conviction, pass a legal sentence.
(d) Procedure in the trial of other warrant cases

17. Other warrant casesIn warrant cases instituted otherwise than on a police report, when the accused appears or is brought before the Court, the Magistrate must at once proceed to hear the complainant and take all such evidence as may be produced in support of the prosecution.

The Magistrate is further required to ascertain from the complainant or otherwise, the names of any persons likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution, and must summon such persons and take their evidence. The absence of the complainant, where there is one, does not effect the proceedings except in a case instituted upon complaint which may be lawfully compounded, and the Court can compel his attendance, if necessary. Thus, in a warrant case it is the duty of the Magistrate to cause the production before him of all material evidence for the prosecution, and to hear it. In the exception above alluded to, the Magistrate has power to discharge the accused on the complainant making default. 18. Discharge of accusedAfter taking the evidence and making such examination of the accused as he may think necessary, if no case is made out which, if unrebutted, would warrant a conviction, the Magistrate should discharge the accused, and record his reasons doing so. If, however, at any previous stage of the case the Magistrate considers the charge to be groundless, he may record his reasons for that opinion, and discharge the accused. 19. Framing of chargeIf a prima facie case is made out which the Magistrate is competent to try and which he considers could be adequately punished by him, he should frame a charge. The instructions with regard to the framing of a charge in paragraph 9 above would apply in this case also. If the Magistrate is not competent to try the case made out or considers that he cannot adequately punish the accused if convicted he should proceed as already indicated in paragraph 8 above. 20. Pleading to chargeThe charge should be read out, and explained to the accused, and he should be asked to plead to it. If the accused refuses to plead or pleads not guilty he should be required to state at the commencement of the next hearing of the case, or if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith whether he wishes to cross-examine any of the witnesses for the prosecution whose evidence has been taken before the framing of the charge. If he does so wish, the Magistrate should proceed as directed by Section 256 of the Code. 21. Procedure in later stages the sameAfter this stage the procedure for the trial would be very much the same as in a warrant case instituted on police report. In this connection please see Sections 252 to 259 (now Section 278 and 279 of new Code).
(e) Summary trials

22. Summary trialsSummary trials can be held only by a District Magistrate or a Magistrate of the first class empowered in that behalf, or a Bench of Magistrates empowered under either Section 260 or Section 261 of the Code (now Section 278 or 279 of new Code). For detailed instructions on the subject see Chapter 2 relating to summary trials.
(f) Inquiries by Magistrates in cases triable by the Court of Sessions or High Court, when instituted on police report.

23. Procedure in inquiries by Committing Magistrate in Sessions cases The procedure in inquiries preparatory to commitment of a case instituted on police report, when the case triable by a Court of Sessions, is given in Section 207-A of the Code. At the commencement of the

inquiry when the accused appears or is brought before the Magistrate, he shall satisfy himself that the accused has been furnished the documents mentioned in Section 173. If this has not been done he shall, subject to the provisions of Sub-section (5) of Section 173 [now Section 173(7) of new Code], cause these documents to be furnished to the accused. The Magistrate shall then proceed to record the evidence of persons produced by the prosecution as witnesses to the actual commission of the offence alleged and if of opinion that it is in the interest of justice, may record the evidence of any other prosecution witnesses also. After examining the accused, the evidence recorded and the documents and after hearing the parties as provided in sub-section (6), if the Magistrate finds that a prima facie case triable by a Sessions Court is made out he shall frame a charge, copy of which shall be supplied, free of cost, to the accused. The accused is not asked to plead to the charge but is merely required to give a list of persons, if any, whom he wishes to be summoned to give evidence in his defence. Sub-sections (8) and 9 of Section 207-A (no equivalent provisions in new Code). For detailed instructions on the subject see Part A of Chapter 24, relating to Sessions trials.
(g) Inquiries in Sessions cases instituted otherwise than on police report

24. Procedure in inquiries by Committing Magistrates in Sessions casesThe procedure in inquiries by Magistrates into cases triable by Sessions Court, when the case is instituted otherwise than on a police report, is practically the same as in warrant cases similarly, (Vide, Sections 208 to 220) (no equivalent provision in new Code), but when a prima facie case is made out, a charge is framed and the case committed. The accused is not asked to plead to the charge but is merely required to give a list of persons, if any, whom he wishes to summon to give evidence in his defence. (Sections 210 and 211 no equivalent provision in new Code). For further instructions on the subject see Part A of Chapter 24 relating to Sessions trials.
(h) Miscellaneous matters

25. Insane personsDirections for the conduct of cases when (a) the Magistrate has reason to believe that an accused person is incapable of making his defence by reason of unsoundness of mind, or (b) when the accused appears to be of sound mind at the time of inquiry or trial, but the Magistrate finds reason to believe that he committed an act while he was of unsound mind, which, but for such unsoundness, would be an offence, will be found in Chapter 17 Lunatics. 26. Procedure when the accused cannot be made to understand the proceedings(i) If the accused, though not insane, cannot be made to understand the proceedings, as in the case of persons who are deaf and dumb, the Magistrate should proceed with the inquiry, and, in cases triable by the Court of Sessions or High Court, if a prima facie case is made out, should commit the accused for trial. In cases, triable by the Magistrate himself, the trial should be proceeded with and a finding come to as to the guilt or innocence of the accused person. If the accused is committed or convicted, the proceedings should be forwarded to the High Court with a report of

the circumstances of the case, for such orders as such Court may deem fit to pass (Section 341 of the Code) (now Section 318 of new Code). (ii) The Magistrate is not authorised to stay proceedings until he has heard the whole of the evidence for the prosecution, and has come to a conclusion as to the innocence or guilt of the accused person. If a prima facie case is not established the accused will be discharged. If a prima facie is established the Magistrate will make an order of commitment or conviction (as the case may be) and then report the case. 27. Stating the caseIn all cases in which the public prosecutor or a member of the police prosecuting staff appears on behalf of the State in the Magisterial Courts, the presiding officer should call on him, at the beginning of the trial, to state briefly the facts of the prosecution case.
Part E]

Part E RECORD OF EVIDENCE IN CRIMINAL CASES

1. Only relevant evidence should be recordedIn recording evidence, Magistrates should take care to see that it is relevant and admissible under the provisions of the Indian Evidence Act. If any objection is raised as to the admissibility of any evidence, the Magistrate should endeavour to decide it forthwith and the particular piece of evidence objected to, the objection and the decision thereon should be clearly recorded. 2. Duty of Court to elucidate factsMagistrates should endeavour to elucidate the facts and record the evidence in a clear and intelligible manner. As pointed out in 23 P.R. 1917 a Judge in a criminal trial is not merely a disinterested auditor of the contest between the prosecution and the defence, but it is his duty to elucidate points left in obscurity by either side, intentionally or unintentionally, to come to a clear understanding of the actual events that occurred and to remove obscurities as far as possible. The vide powers given to the Court by Section 165 of the Indian Evidence Act and Section 540 of the Code of Criminal Procedure should be judiciously utilised for this purpose when necessary. 3. Mode of recording evidenceThe manner in which evidence is to be taken down by the Presiding Magistrate or Judge in inquiries and trials is prescribed in Sections 355 and 356 [see Sections 274(1)(2), 275(1) to (4) 276(1); Proviso to 277 to 277(2)(c) of new Code]. In cases falling under Section 355 [see Section 274(1)(2) of new Code], the presiding officer is required only to record a memorandum of the substance of the evidence, while in those falling under Section 356, the evidence must be recorded in full. In view of the recent amendment of Section 356 [now Section 275(1) to (4) of new Code] the Court of Sessions or the Magistrate may, in proceedings mentioned in that section, take down the evidence in writing in the language of the Court either in his own hand or cause it to be taken down from his dictation in open Court. The evidence so taken down shall be signed by the presiding officer and shall form part of the record. If the evidence is not taken down by the presiding officer in his own hand or caused to be taken down from his dictation in open Court, but is recorded in any of the other manners laid down in Section 356 Section (1) [now see Section 275(1) to (4) of new Code], then, as the examination of each witness proceeds, the presiding officer shall make a memorandum of the substance of what the witness deposes in his own hand; if the presiding officer is prevented from making such a

memorandum he shall record his reasons in writing. On the other hand, in cases falling under Section 355 also the Magistrate may record the evidence in full if he thinks it fit to do so (e.g., when the evidence is very important or when, there is possibility of the witness being prosecuted for perjury, etc), videSection 358, Where the presiding officer is unable to record a memorandum of the substance of the evidence as required by Section 355 or 356, he must record the reasons of his inability to do so, and in cases falling under Section 355 [see Section 274(1) (2), of new Code] must have the memorandum recorded by dictation in open Court. 4. Comparison of memorandum with vernacular statementAn omission to record the memorandum referred to above cannot be justified except under circumstances which render it impossible for the Magistrate to record it. Want of time cannot be accepted as a valid excuse. In these cases the Magistrate should be careful to follow the deposition of each witness, when it is read over to him in the vernacular in accordance with Section 360 of the Code of Criminal Procedure (Section 278 of new Code) and observe whether his memorandum is in conformity therewith. Any apparent discrepancy between the vernacular statement and the English memorandum should be explained in a note by the Magistrate under the memorandum. Considerable differences are often found between the English and vernacular records owing to a neglect to put these instructions into practice. 5. English recordThe High Court expects every Sessions Judge, District Magistrate and Magistrate exercising powers under Section 30 of the Code to be above to cause the evidence of each witness as it proceeds to be taken down in writing from his dictation in open Court. Where it is necessary to make a memorandum of the evidence, it should be kept in English and be as full as possible. Magistrates are not considered eligible for enhanced powers under Section 30 unless they are able to keep a proper record in English. 6. Evidence to be taken down in fullSessions Judges and Magistrates of Districts should see that the procedure above prescribed is followed strictly, and that in all criminal cases tried by Magistrates the evidence is taken down in full by the Magistrate who tries the case, where he is required to do so by law. 7. Statement of a witness to be read overThe statement of a witness must be read over to him in the presence of the accused, if in attendance, or of his pleader and corrected if necessary according to the provisions of Section 360 of the Code. In this connection please see I.L.R., 1927 Rangoon 53 (P.C.) AIR 1927 PC 44.
COMMENTS The appellant was tried by a District Magistrate and convicted. At the trial the depositions of witnesses were read over to them while the case otherwise proceeded, and the depositions of some of the witnesses were handed to them to read to themselves. The Code of Criminal Procedure provides by section 360 that the deposition of each witness should be read over to him in the presence of the accused or his pleader. The High Court confirmed the conviction holding that the course pursued was merely an irregularity within section 537 of the Code, and that as no failure of justice had been occasioned that section saved the conviction from being vitiated. No objection had been taken at the trial and no inaccuracy in the depositions was suggested. The Judicial Committee granted special leave to appeal. Held, that as there had been no actual or possible failure of justice the appeal failed whether the sections of the Code had or had not been properly applied. According to the well established practice of the Privy Council appeals in criminal cases are allowed only when it was shown that substantial and grave injustice had been done; the granting of special leave does not relieve an appellant of showing that that is the case. Abdul Rahman v. The King-Emperor, (1927) I.L.R. V Rang. 53. (In re Dillet, (1887) 12

App. Cas. 459, and Arnold v. King-Emperor, (1914) 41 I.A. 149 followed.) (Subramania Iyer vs. The King-Emperor, (1901) 28 I.A. 257 distinguished.) Reading over of depositions to witnesses while the case was otherwise proceeding was not a violation of section 360 of the Code, the object of reading over being to secure an accurate record from the witness of what he meant to say, not to enable the accused or his pleader to suggest corrections; it was however better that depositions, unless merely formal, should be read over so that the accused or his pleader could give their undivided attention to the matter, (b) that the giving of depositions to witnesses to read to themselves was rightly treated by the High Court as an irregularity curable under section 537 of the Code. Abdul Rahman vs. The King-Emperor, (1927) I.L.R. V Rang. 53. (Hira Lal Ghose vs. Emperor, (1924) I.L.R. 52 Cal. 159, and Dargahi vs. Emperor, (1924) I.L.R. 52 Cal. 499disapproved.) In Section 537 of the Code the passage beginning unless such error qualifies each of the clauses which precede it, not mere ly clause (d), though it is so printed in Government publications. No serious defect in the mode of conducting a criminal trial can be justified or cured by the consent of the advocate of the accused. Held, further, that the Magistrate in formulating against the appellant, after hearing the evidence, a new charge in place of one originally framed, was acting under clause (a), not clause (c), of section 190, sub-section 1 of the Code; Consequently section 191 did not apply, and it was not necessary to inform the appellant that he had a right to be tried by another Court. Abdul Rahman vs. The King-Emperor, (1927) I.L.R. V Rang. 53. (Emperor vs. Chedi, (1905) I.L.R. 28 All. 212distinguished.)

8. Evidence and judgments in summary trialsIn those summary cases in which an appeal would not lie no evidence need be recorded; but the Magistrate should record the particulars mentioned in Section 263 of the Code in the register prescribed for the purpose. But in summary cases in which an appeal would lie the Magistrate or Bench shall record the substance of the evidence and also the particulars mentioned in Section 263 and shall before passing any sentence, record a judgment in the case (Section 264). 9. Particulars of witnesses or parties to be notedCare should be taken to record the parentage, age, place of residence, and, except in the case of converts to Christianity, caste of parties and witnesses. At the request of the Punjab Government, judicial officers are directed to refrain in all judicial proceedings from adding any caste designation to the names of known converts to Christianity, unless such designation be absolutely necessary for the identification of the party referred to. When a person is known by two names, or his precise name is doubtful, both should be given or the doubt cleared up. It should also be noted whether a witness is called by the prosecution, or by the defence, or by the Court. 10. Cross-examination and re-examination to be distinguished by a note in the margin Care should be taken to distinguish the cross-examination and re-examination of witnesses by a note in the margin. If a witness is not cross-examined the record should show that the accused did not wish to do so. 11. Illegible recordThe memoranda of evidence, the depositions or statements should be carefully written in a legible manner. In cases forwarded to the High Court, in which from any cause the memoranda or depositions in question, or the final judgments have been indistinctly or illegibly recorded, copies of such memoranda, depositions and judgments should be submitted with the record of the case. 12. Documents on record should be duly proved(i) Care should be taken to see that all documents placed on the record, for example, the first information report, plan of the spot,

medical certificates etc. are duly proved. As regards special rules of evidence please see Chapter XLI of the Code. Section 510 (see Section 292 of new Code) has been amended by Act 26 of 1955 and now besides the reports of the Chemical examiners, the reports of the Chief Inspector of Explosives, the Director of Finger Print Bureau or an officer of the Mint upon any matter or thing duly submitted to any of them for examination or analysis may be used as evidence in any proceeding under the Code. The Court may, and if so required by any party shall, summon and examine any such officers as to the subject matter of the report. (ii) Evidence on affidavitsIn view of the new Section 510-A (see Section 296 of new Code) evidence of a formal character may be given by affidavits, and subject to all just exceptions be read as evidence in proceedings under the Code. Here again the Court may, and if so required by any party, shall, examine the deponent as to the facts contained in his affidavit. 13. Demeanour of witnessesMagistrates should not omit to make a note about the demeanour of a witness when such demeanour is noteworthy and affects their estimate of the value of the evidence given by the witness. [Section 363 (see Section 280 of new Code)]. 14. Record to contain a brief note of all material orders passedEach record or memorandum of evidence should be dated and the record of a case made by a Magistrate or Sessions Judge should not only contain depositions or memoranda of evidence, according as the evidence is or is not recorded by him in full, but also, in its proper place, a short note of every material order made during the inquiry or trial, with the date on which such order was made. Every order of adjournment must be entered, and the date on which the inquiry was resumed should be apparent. Orders to be written by the Magistrate in his own handAll notes and orders recorded by Presiding Officer (e.g., orders of adjournment, notes regarding the presence of witnesses) other than depositions, orders deciding any matter in dispute and the final judgment, should be written by the Presiding Officer in his own handwriting or from his dictation and signed and dated and appended to the record. Each order or note should be clearly marked as such. Notification re, Court languagePunjab Government Notification No. 103, dated the 3rd February, 1883. Under the provisions of Section 556 of Act X of 1882 (the Code of Criminal Procedure, Section 558, Code of 1898,) the Governor is pleased to declare that Urdu shall be deemed to be the language of the Criminal Courts within the territories administered by the Punjab Government. Note 1The language of the High Court is English. (Vide Punjab Government Notification No. 316 : G dated the 18th January, 1906). Note 2The adoption of Hindi and/or Punjabi as the Court language is under the consideration of the Punjab Government. (Vide, Punjab Government circular Letter No. 662-(C)-H-55/2375, dated the 24th January, 1955).

Part F]

Part F DISMISSAL OF CASES IN DEFAULT

1. Inclination to dismiss cases in default. Some Magistrates are inclined to dismiss cases in default hastily. 2. Reasons for dismissal in default should be recordedBefore a case is dismissed by reason of the absence of complainant, the Magistrates should carefully consider (a) whether such an order is legal; and (b) whether it is justified by the circumstances. In view of the proviso added to Section 247 of the Code by Act 26 of 1955, even in summons cases the Magistrate can proceed with the case on complainants failure to attend when he considers that complainants personal attendance is not necessary. Reasons should always be recorded where a case is dismissed in default. 3. Instructions to be observed in redismissal of complaints, etc., by reason of the absence of the complainant(i) In applications for revision of orders dismissing complaints or cases instituted on complaint, by reason of the absence of the complainant, it is frequently urged (a) that the complainant was not called; (b) that the case was dismissed very early in the day; or (c) that the Magistrates being on tour, the complainant had no, or insufficient, notice of the place of sitting. (ii) The Magistrates records often furnish no definite information on any of these points. The following instructions are accordingly issued for guidance to subordinate Courts (a) Magistrate should not dismiss complaints or cases instituted on complaint without giving complainants full opportunity for appearance. Ordinarily, of a complainant is absent when his case is first called on, his case should be called on again later, and the time of dismissal should always be noted on the record. (b) When the Magistrate is on tour, complaints or cases instituted on complaint should not be dismissed unless the complainant has had due notice of the place of hearing. (c) In carrying out these instructions Magistrates should bear in mind that if a summons-case in which a summons has been issued, is dismissed on account of the absence of the complainant the accused must be acquitted, unless the Magistrate decides to proceed with the case under the proviso recently added to Section 247 of Code. A warrant-case, in which proceedings have been

instituted on complaint, can only be dismissed in the absence of the complainant, if the offence is one that can lawfully be compounded, or is not a cognizable offence. In the latter case the Magistrate may, in his discretion, discharge the accused at any time before a charge has been framed, under Section 259 of the Code of Criminal Procedure. If the offence is congnizable or is one that cannot lawfully be compounded, the Magistrate is bound to proceed with the case and decide it on its merits. (d) Section 247 of the Code of Criminal Procedure (see Section 256 of new Code) does not apply when the entire evidence in a case has been concluded and the case has been adjourned only for judgment without the attendance of the complainant having been specially directed.
COMMENTS The order of the Magistrate dismissing the complaint in default in the early hours of the day and not allowing the complainant an opportunity to appear in the later part of the day was against the directions of the High Court in Rule 3(ii) (a) Chapter 1-F of Vol. III Kishan Dass v. Manohar Lal, 66 (1964) PLR 71 and Gurdial Singh v. Gyani Kamal Singh, 76 (1974) PLR 315. The obvious intention or object in framing this rule and issuing instructions embodied in it for guidance to subordinate Courts is to ensure that the complainant has had full opportunity for appearance and that the Magistrate does not dispose of the complaint in a manner which may result in injustice. Prabh Dayal Govind Ram v. R. Mudgil, AIR 1966 Punjab 372.
Part G]

Part G MISCELLANEOUS MATTERS IN CONNECTION WITH INQUIRIES AND TRIALS (a) Age of accused persons, complainants and witnesses to be carefully considered when the point is material

In Criminal cases, in which the age of an accused person, complaint or witnesses, is material to the matter in issue, or is likely to affect the sentence, the Court should record a careful finding as to probable age of such accused person, complainant or witness, and should refer to, and comment on, any discrepancies which there may be in the evidence on the point. In cases of doubt, the opinion of a medical officer should be taken. The age of the accused as found or believed by the Court should be invariably stated in the judgment. A careful statement of the probable age of the accused is especially necessary in murder cases in which the person charged is a youth or is very advanced in years. But in every case in which a charge is framed the accused should, at the opening of his examination, be required to state his age; and in all cases in which the age of the accused appears to the Court to be under twenty or over fifty years, or to be material for any special reason, the Magistrate should add a note expressing his own opinion as to the probable age of the accused. NoteIt has been brought to the notice of the High Court that owing to insufficient inquiry into the age of juvenile offenders youths of too advanced age are not infrequently sent to the Reformatory School. The Judges, therefore, invite the attention of all Magistrates to the necessity of exercising care in the preliminary inquiry into the age prescribed in Section II of the Reformatory Schools Act of 1897 and to the propriety of taking medical advice in doubtful cases.

(b) Medical examination of persons for purposes of evidence

Neither the complainant, nor a witness nor an accused person can be compelled to submit to medical examination for the purposes of evidence. A criminal Court has by law no power to order any person, whether male or female, to be subjected to medical examination, though, where the consent of the person to be examined (or in the case of a minor, of his or her lawful guardian) has been obtained, such examination may be authorised. The practice of ordering the medical examination of a women who has complained of an offence against her virtue is illegal without her consent.
(c) Distinction between cases of Assault and Hurt

1. It has come to notice that junior Magistrates are apt to confuse Sections 352 and 323 of the Indian Code and to issue process and convict under the former section in cases in which the complaint is laid under Section 323, and the evidence prosecution establishes that fact of violence having been actually used. 2. In view of the amendment of the definition of a warrant-case both cases would now be triable as a summons-case. The Magistrates should not, therefore, be led away by the impression that they must have to follow a complicated procedure if an offence under Section 323 of the Indian Penal Code is made out against the accused. 3. Section 352 of the Indian Penal Code would not apply to cases where the offender uses criminal force which actually causes hurt to a person. Such cases would fall under Section 323 of the said Code. 4. It has been ruled that Section 304-A is inapplicable to cases in which an assault, however petty, is deliberately made, and death ensues. Such cases fall either under Section 302, Section 304, or Section 325 or Section 323.
(d) Death of complainant

Criminal proceedings once instituted whether upon a complaint or otherwise do not terminate or abate merely by reason of the death of the complainant or person injured (See 2 I.L.R. Lahore 27).
(e) Exhibits

(i) Sessions Judges and Magistrates should ordinarily pass orders under Section 517 (1) of the Code of Criminal Procedure for the disposal of exhibits on the conclusion of the trial. The time at which such an order is to be carried out is governed by Sub-sections (3) and (4) of Section 517 of the Code of Criminal Procedure. The order remains in force, unless it is modified, altered or annulled under Section 520 of the Code of Criminal Procedure. If such orders are made on the conclusion of the trial, the inconvenience of giving directions at a later time, when the matter is no longer fresh in the mind of the Court, and the possibility of a legal difficulty in making orders long after the conclusion of the trial will be avoided.

(ii) Instructions relating to the sending of exhibits to the High Court in Sessions cases are contained in paragraphs 47, 48 and 49 of Chapter 24-B, of this volume. In respect to magisterial cases, exhibits, other than documentary exhibits should not be sent to the High Court, unless the High Court calls for them, or unless the Magistrate considers that a particular exhibit will be required in the High Court, in which case he should record a note at the foot of his judgment that the exhibit should be forwarded to the High Court in the event of an appeal or revision to the High Court.
Part H]

Part H THE JUDGMENT

1. (i) Content of a judgment-In all cases a judgment must be drawn up containing (1) the point or points for determination (2) the decision thereon, and (3) the reasons for the decision. In case of a conviction, the offence, the law applicable and the punishment awarded, must be entered in the judgment. In case of acquittal, the offence must be specified and (if the accused is in confinement) a direction given that be set at liberty. When there are more than one accused the case of each should be dealt with separately. (ii) Judgment should be dated, signed and pronounced of the accusedThe judgment should be written in the language of the Court in English; it should be pronounced in open Court, and dated and signed by the presiding officer at the time it is pronounced. Except where the attendance of the accused has been dispensed with during the trial and the sentence to be passed is one of fine only or when the judgment is one judgment is one of acquittal the accused should be in attendance when judgment is pronounced. No Court has power to alter or review a judgment once signed except for the purpose of correcting a clerical error, or for the purpose of revising a sentence of whipping under Sections 394 and 395 of the Code. (iii) Judgments not written by the MagistrateWhen the judgment is not written by the presiding officer with his own hand every page of it shall be signed by him. (iv) Pronouncement of judgment before a spell of holidaysAll cases in which an accused person is likely to be convicted and sentenced to imprisonment before a spell of four or more holidays should be decided at least two days before the commencement of the holidays and arrangements should be made for supply, free of cost, of copies in such cases forthwith to the person convicted to enable him to apply for bail before the commencement of the holidays. (v) Judgment not to be written at homeMagistrate should not write judgment at their houses during Court hours even though they have no cases fixed for hearing. (vi) Copy to be supplied to accused free of costs in some casesThe judgment must be explained to the accused. In view of sub-section (4) of Section 371 [see Section 363(1) of new Code] whenever an accused person is sentenced to imprisonment then, without prejudice to the provisions of sub-section (1) and (2) of that Section, a copy of the finding and sentence shall be given to the accused, free of cost, soon after the delivery of the judgment.

(vii) Accused sentenced to death to be informed about the right and period of appealWhen the accused is sentenced to death and an appeal lies the Court should inform the accused of the period within which, if he wishes to appeal should be preferred. (viii) Numbering of paragraphsThe paragraphs of a judgment should be serially numbered to facilitate references. (ix) SentenceThe question of sentence requires careful consideration in each case. The presiding officer should see that the sentence passed is legal and appropriate. For detailed instructions on the subject see Chapter 19, Sentences. 2. Criminal powers of the Courts should be noted in the record and final orderEvery judicial Officer hearing, conducting or deciding a criminal proceeding, trial or appeal is reasonable that the record and the final order in such criminal proceedings, trial or appeal shall disclose the criminal powers which such officer exercised in hearing or deciding such proceeding, trial or appeal. 3. Powers of various criminal CourtsThe powers referred to in the above rule are the following (a) Magistrate, third class. (b) Magistrate, second class. (c) Magistrate, first class. (d) Magistrate, empowered under Section 30 of the Code of Criminal Procedure. (e) Additional District Magistrate. (f) District Magistrate. (g) Additional Sessions Judge. (h) Assistant Sessions Judge. (i) Sessions Judge. (j) Special Judge appointed under the Criminal Law Amendment Act, 1952 (XLVI of 1952). (k) Special Magistrates of first, second or third class. (1) Bench of Magistrates, first, second or third class. 4. Special powers to be noted in the record and final orderWhen an officer exercises powers specially, conferred, for example, the power to try cases summarily, or the power to pass sentences of whipping in the case of a Magistrate of the second class, the record and final order

in any criminal proceeding or trial shall disclose the fact that such officer is specially empowered in that behalf. 5. Separate judgments in riot casesIn riot cases in which members of opposite factions are separately tried, separate judgments should be recorded, (For detailed instructions see Chapter 4, Trial of Riot Cases). 6. Criticism on the conduct of Police and other officersIt is undesirable for Courts to make remarks censuring the action of police Officers unless such remarks are strictly relevant of the case. It is to be observed that the Police have great difficulties to contend with in this country, chiefly because they receive little sympathy or assistance from the people in their efforts to detect crime. Nothing can be more disheartening to them than to find that, when they have worked up a case, they are regarded with distrust by the Courts; that the smallest irregularity is magnified into a grave misconduct and that every allegation of illusage is readily accepted as true. That such allegations may sometimes be true it is impossible to deny but on a closer scrutiny they are generally found to be far more often false. There should not be an over-alacrity on the part of Judicial Officers to believe anything and every thing against the police; but if it be proved that the police have manufactured evidence by extorting confessions or tutoring witnesses they can hardly be too severely punished. Whenever a Magistrate finds it necessary to make any criticism on the work and conduct of any Government servant, he should send a copy of his judgment to the District Magistrate who will forward a copy of it to the Registrar, High Court, accompanied by a covering letter giving reference to the Home Secretarys circular Letter No. 920-J-36/14753, dated the 15th April, 1936.
Award of Compensation and Costs

7. Award of costsCertain of the costs incurred by a complainant in a complaint of a noncognizable offence may be recovered from a convicted accused in the manner provided in Section 546-A of the Code. The costs incurred in enforcing an order of a Magistrate for the removal of a nuisance may be recovered from the person against whom the order made in the event of his disobeying the order. [Section 140 (2)]. The costs incurred by any party in the proceedings relating to dispute as the immovable property under Chapter XII of the Code, may be awarded to him against any other party by the Magistrate. [Section 148 (3)] and may be realised as if the amount awarded was a fine. [Section 547 (see Section 431 of new Code)]. The costs incurred in proceedings under Sections 87 to 89 (see Section 82-85 of new Code) of the Code, in dealing with the property of persons absconding to avoid process, may be recovered from such property. (Section 89) [see Section 85 (3) of new Code]. 8. Application of fine towards costs and compensationWhen a fine is imposed by a criminal Court, the Court may order the whole or any part of the fine recovered to be applied (a) in defraying expenses properly incurred in the prosecution; (b) in compensation for any loss or injury caused by the offence committed; where substantial compensation is, in the opinion of the Court, recoverable by civil suit.

(bb) in compensating the heirs of a person whose death has been caused by the offence tried when such heirs are entitled to recover damages under the Fatal Accidents Act, 1855, from the person convicted for the commission or abetment of the offence. (c) in compensating a bona fide purchaser of stolen property (Section 545) [see Section 357 (1)(2) of new Code]. Compensation not to be paid until appeal is decidedIf the fine is imposed in a case which is subject to appeal, the compensation must not be paid away until the period for appeal has elapsed, or if an appeal is presented, before it is decided. Cases have occurred when the lower Court has paid the compensation in ignorance of the fact that an appeal has been lodged and later on when on appeal the amount has been reduced or remitted, it has become impossible to obtain a refund from the complainants. Therefore, the lower Courts should not pay compensation to the complainant until they are satisfied by examining the records of the case and making a reference to the appellate Court that no appeal or revision has been lodged. Compensation so awarded must be taken into account in any subsequent civil suit relating to the same matter (Sections 545 and 546 of the Code) [see Section 357(l)(2)(5) of new Code]. 9. Award of compensation to accused(i) In the case of any offence triable by a Magistrate and instituted upon complaint or upon information given to a Police officer or to a Magistrate, if the Court discharges or acquits all or any of the accused and is to opinion that the accusation against them or any of them was false and either frivolous or vexatious, the Court, by its order of discharge or acquittal, (a) if the complainant or informant is present, may call upon him forthwith to show cause why he should not pay compensation to such or each of such accused, or (b) if he is not present, may direct the issue of a summons to him to appear and to show cause. (ii) After recording and considering any cause, which may be shown, the Magistrate if satisfied that the accusation was of the character aforesaid, may, for reasons to be recorded, direct the complainant or informant to pay to the accused or to each or any of them compensation not exceeding one half of the amount of fine that the Magistrate is empowered to impose. (iii) Simple imprisonment not exceeding thirty days may also be ordered in default of payment. An order for payment of such compensation shall not exempt the complainant or informant from any civil or criminal liability incurred by him by reason of his complaint or information, but any amount paid in obedience to such order must be taken into account in any subsequent civil suit relating to the matter. (iv) An appeal is provided for in cases where the order is by a Magistrate of the second or third class and where any other Magistrate has ordered the payment to compensation exceeding Rs. 50. Where no appeal lies the amount of compensation shall not be paid to the accused person or persons until the expiration of one month from the date of the order. In other cases it shall not be paid until the period allowed for appeal has elapsed or the appeal has been decided. (Section 250 of the Code as amended by Act 26 of 1955). (v) If this provision of the law is enforced with discretion, it may be expected largely to reduce the number of groundless and frivolous complaints filed. In fixing the amount of compensation

awarded, the Court should be careful to consider the position of the accused as well as that of the complainant. Excessive amounts should not be awarded.
Compounding of offences

10. Acquittal of accused when offence is compoundedThe compounding of an offence under Section 345 of the Code of Criminal Procedure, see Section 520 of Law Code with or without the permission of the Court, has the effect of an acquittal. In such cases, no judgment on facts is needed, but the statement of all the parties concerned must be recorded and in cases where permission of the Court is necessary for compounding the offence the reasons for granting permission should be stated in the acquittal of the accused. Act 26 of 1955 has added certain offences to the table given in Section 345 (2) of the Code (see Section 320 of new Code) so that a much larger number of offences can now be compounded with the permission of the Court. Thefts and Criminal breaches of trust of property of a value not exceeding rupees two hundred and fifty and fraudulent executions of deeds and dispositions of property to save it from creditors or for other ulterior purposes and mischiefs to cattle and animals where the value is small and certain other offences may now be compounded with the Courts permission. 11. Compounding cases of grievous hurt should be discouragedThere is a growing tendency to allow cases of grievous hurt to be compounded, and from inquiries made it appears that in most Districts Magistrates are too prone to allow cases of the kind enumerated in Section 345(2) of the Code of Criminal Procedure [see Section 320 of new Code] to be compounded, when the complainant asks for it. In some instances this may be due to ignorance of the fact that the law allows the Courts discretion to grant or refuse permission to compound, but there are indications that it is sometimes due to the desire of Magistrates to get the cases disposed of as quickly as possible. The effect of this practice must clearly be bad, and in districts where the people are naturally turbulent and addicted to settling their disputes by force, it must encourage crimes of violence. 12. Points to be considered before a compromise is permittedThe facts of each case require careful consideration before a compromise is permitted. In particular, the following points should be considered : (a) Whether the assault was premeditate. (b) Whether it was provoked in any may by the complainant. (c) The nature and extent of the injury inflicted. (d) The nature of the weapon or means used. (e) Whether the compromise is the result of a genuine reconciliation, or caused by undue pressure on the complainant. (f) The relationship, if any, between the parties.

(g) The extent to which violent crime is prevalent in the locality. In districts where crime of violence are common, the interests of society demand that permission to compound should ordinarily be refused when serious injury has been caused, and a deterrent sentence of imprisonment should be awarded, except when the assault has been provoked by any act of the person injured. In every case in which a Magistrate allows the parties to compromise, his reason should be recorded in his order. 1. Not applicable to Delhi. 2. Not applicable to Delhi.

CHAPTER 2
Ch. 2]

Summary Trials
1. Magistrates competent to try and the procedure to be adoptedSummary trials can be held only by a District Magistrate or a Magistrate of the first class empowered in that behalf, or a Bench of Magistrates empowered under either Section 260 or Section 261 of the Code. Only offences specified in these sections may be tried by this procedure. The amendments made by Act 26 of 1955 in Section 260 of the Code to enlarge its scope may be noted. In view of the amended definition of warrant case it would not now be true to say that all summons cases can be tried summarily. According to clause (a) of Section 260(1) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding six months can be so tried. In summary trials the procedure to be followed at the hearing is that of summons case in the trial of summons cases and of warrant-cases in the trial of warrant cases (Section 262) subject to the modifications made by Sections 263 and 264 of the Code as to the record required.

2. Sentence, and judgmentNo sentence of imprisonment exceeding three months may be passed on a conviction under the summary procedure prescribed in Chapter XXII of the Code [sub-section (2) of Section 262]. Where the sentence passed is not appealable (Section 413) the particulars required under Section 263 of the Code may be recorded. In appealable cases, however, the Court shall record the substance of the evidence and also the particulars mentioned in Section 263 and shall before passing sentence also record judgment in the case (Section 264). No other record is required. Particulars required under Section 263 include full information as to the nature of the offence alleged and proved; the plea of the accused and his examination, if any, the finding and in case of conviction, a brief statement of the reasons thereof and the sentence or other final order. 3. EvidenceIn all summary trials in which the order of the Magistrate is final, no evidence need be recorded; but the Magistrate should enter the particulars mentioned in Section 263 of the Code in Register No. XVII. Columns 7 of 14 of this register should be filled in by the Magistrate himself. If, however, a sentence is passed which is appealable, the substance of the evidence, in addition to the particulars mentioned in Section 263, should be recorded. 4. Acquittal of accused in warrants casesThe question has been raised whether an accused person, tried summarily for a warrant offence, under Chapter XXII of the Code of Criminal Procedure, and not convicted, is to be shown in the statement as discharged or acquitted. This question is disposed of by the provisions of Section 262 of the Code, which enacts that in

summary trials the procedure for warrant-cases shall be followed in respect of warrant-cases, with certain exceptions which concern only the manner of record. 5. Oral chargeAccordingly, the distinction between acquittal and a discharge, shown in Sections 253 and 258 of the Code [see Sections 245 and 248 of new Code] holds good in all warrant-cases tried summarily, the only difference bring that under the ordinary procedure the charge must be prepared in writing; while under the summary procedure it is made verbally. A discharge in a summary trial no more bars the revival of prosecution for the same offence than it does in a case conducted under the rules of ordinary procedure. 6. Final order should show whether accused has been discharge of acquittedThe final order or judgment in warrant-cases tried summarily, when the accused is not convicted, should invariably show whether the accused person has been discharged or acquitted, the test being whether, after hearing the evidence for the prosecution, the Court has called upon the prisoner to plead to a definite charge or not, and the accused in such cases should be shown in the periodical statements as discharged or acquitted, according to the final order of the Magistrate. 7. Summary trial of cases against Government ServantsIn the trials of cases against Government servants, summary procedure should not as a rule, be adopted. 8. Registers for summary casesIt has come to the notice of the Honourable Judges that summary cases are entered in the relevant registers only when the accused appears in Court, with the result that a large number of such cases escape notice of Courts. It is of the utmost importance that as soon as a summary case is received in Court, it should be entered in the Register No. 1. When the accused appears the case should then be entered in Register of summary cases (Form No. XVII). Magistrates exercising summary powers should prepare a statement every month showing the actual number of summary cases received in the Court and the progress made in the disposal of such cases. A Summary of this statement should be given in the remarks column of Register No. 1 at the close of each month so as to show at a glance the actual number of summary cases received disposed of and pending in the Court. (High Court Circular Letter No. 3003-Genl/XVIII-D- 20 (C) (1), dated the 9th March, 1954).

CHAPTER 3

Security Cases
Ch. 3]

1. IntroductionThe provisions of Chapter VIII of the Code of Criminal Procedure, defining the circumstances under which persons may be called upon to furnish security to keep the peace (otherwise than on conviction) or for good behaviour, and laying down the procedure to be adopted in the trial of such cases, do not appear to be generally understood or observed. 2. Important preliminariesCases under Sections 107 and 110 of the Code of Criminal Procedure are the most common and it is generally in respect of these that neglect of the provisions of the Code has come to notice. In the first stage of the proceedings in this class of cases, and before actual enquiry is made in the presence of the accused, three points need attention, viz.: (1) the information (Sections 107 and 110); (2) the order thereon, including the substance of the information Section 112 (see Section 111 of new Code); (3) communicating the same to the accused [Sections 113 and 115 (see Sections 112 and 114 of new Code)]. 3. Preliminary enquiryThe information is the foundation of the whole proceeding, and the fact that the Magistrate is acting upon information should be recorded. No information should be acted upon unless it comes from a trustworthy source and is sufficient, if substantiated and not rebutted, to justify a finding that the person is himself likely to commit breach of the peace or disturb the public tranquillity or to do any wrongful act that may occasion a breach of the peace or disturb public tranquillity (Section 107) or answers to one or more of the specific descriptions given in Section 110. In regard to proceedings under Section 107, it should be borne in mind that a person in the exercise of a lawful right cannot be bound over merely because other persons object to the exercise of such right and there is likelihood of their causing a breach of peace (cf. I.L.R. 7 Lahore 482). Applications under Section 107, Criminal Procedure Code, are sometimes of a frivolous and vexatious character, intended to bring pressure upon the opposite party to settle which is really a dispute of a civil nature. Care should, therefore, be taken to ascertain by such preliminary enquiry as may be necessary that there is sufficient ground for proceeding under the section.

COMMENTS The accused, Chamars, were required to give security to keep the peace under section 107 of the Code of Criminal Procedure in respect of a lawful act of drawing water from a public well, on the ground that it was likely to lead to a breach of peace by those persons who objected to their taking water from that well. Held, that as the accused were doing a lawful act the order demanding security from them was not justified. Khazan Chand and Another, vs. The Crown, (1926) I.L.R. VII Lah. 482. (Emperor vs. Muhammad Yakub, (1910) I.L.R. 32 All. 571, referred to.)

4. Contents of the order to proceed againstIf the Magistrate deems it necessary to proceeds against the person against whom information has been received, he should record an order setting forth the several matters required by Section 112 of the Code (see Section 113 of new Code). The substance of the information received should be stated in the order with sufficient fullness to enable the accused person to understand clearly the matter he has to meet in his defence. In recording particulars of the security required the provisions of the proviso to Section 118 [see Section 117 of new Code] of the Code should be borne in mind. 5. JurisdictionSub-section (2) of Section 107 of the Code has been amended by Act 26 of 1955. Proceedings under the Section can now be taken before any Magistrate empowered to proceed under sub-section (1) when either the place where breach of peace or disturbance is apprehended is within the local limits of the Magistrates jurisdiction or there is within such limits a person who is likely to commit such breach beyond such limits. 6. Security pending inquiryIn proceedings under Section 107 Criminal Procedure Code, a Magistrate has the power, in cases of emergency when a breach of the peace is imminent, to order the accused person to furnish security pending the completion of enquiry [vide Section 117(3) Criminal Procedure Code (see Section 116 of new Code)]. He must in such cases record his reasons in writing. 7. Order to proceed to be communicated to accusedThe order recorded under Section 112 of the Code of Criminal Procedure [see Section 113 of new Code] should be communicated to the accused person, if he is present in Court, by reading the same to him; and, if he so desires, by explaining the substance thereof to him. If the accused person is not present in Court, a copy of the order should be annexed to the process requiring his attendance, and delivered to him by the serving officer with the process. 8. Form of processSection 114 of the Code (see Section 115 of new Code) provides that the process to be issued requiring the appearance of an accused person shall be a summons, unless the person is in custody, in which case a warrant will issue to the person in whose custody he is. If the Magistrate is satisfied that there are reasonable grounds for apprehending a breach of the peace and that it cannot be otherwise prevented, he may issue a warrant for the arrest of a person not in custody. In every such case, the Magistrate should record the grounds which render the issue of a warrant necessary. 9. Procedure after the commencement of the trialAfter the preliminary proceedings are completed and the accused appears before the Court, the enquiry commences as to the truth of the information upon which the Magistrate has acted. Such inquiry shall be made as nearly as may be practicable in the manner prescribed for conducting trials and recording evidence in

summons cases whether the order requires security for keeping the peace or for maintaining good behaviour. [Sub-section (2) of Section 117 (see Section 116 of new Code) as amended by Act 26 of 1955]. No charge is to be framed and the question of recalling witnesses for further crossexamination does not arise. Care, however, is necessary to see that the accused shall have a full opportunity of making his defence and supporting it by witnesses, an adjournment being granted, if necessary, for that purpose. 10. Proof required add exercise of discretion with caution(i) On the conclusion of the enquiry, the Magistrate must consider the order to be passed. The first point to consider is, whether the information against the accused is proved to be true. In cases under Section 110, if the accused is proved to be a person falling within any of the descriptions stated in that section, the Magistrate, should record a distinct finding of the specific description which he considers proved. If the finding is insufficient, as occasionally occurs, namely, that the accused is a bad character or a notorious thief, the final order based upon it will be open to reversal, so also if the finding be that he is a habitual thief (or as the case may be), and the finding is not supported by evidence that the misconduct is habitual. The words by habit or habitually which occur in all the clauses of Section 110, imply that the accused person has done the alleged acts repeatedly, or persistently and this should be capable of proof by adducing definite evidence under Section 117(4) [see Section 116 of new Code], Evidence of general repute is admissible, but mere suspicion of complicity in this or that isolated offence is not sufficient to satisfy the requirements of Section 110 (vide I.L.R. 9 Lah. 133, 586). It is to be feared that Section 110 is resorted to at times merely for securing punishment of persons who are suspected but not proved to have committed an offence and Magistrates should see that the section is not abused to annoy individuals in this manner. It has been noticed that security is at times taken from persons who have once been accused and convicted of an offence but who have got off on appeal. It cannot be too firmly impressed on all Magistrates acting under Chapter VIII of the Code that when a conviction fails on appeal, it is no conviction at all. The fact that the first Court wrongly convicted a person is nothing if he succeeds in establishing his innocence on appeal. (ii) The second point to be considered is, whether it is necessary to take security. In cases under Section 110 proof of habitual misconduct will ordinarily justify the conclusion that security is necessary, but the Magistrate has a discretion in the matter. In exercising this, it should be remembered that the object of the proceedings is to deter and not to punish. A convict just released from jail should not, as a rule, be put upon security until there has been a fair opportunity of judging whether the punishment he has already undergone is not in itself a sufficient deterrent against relapse into evil courses.
COMMENTS The general reputation of a man is that which he bears amongst his fellow townsmen or in the neighborhood in which he lives. Mere suspicion of complicity in this or that isolated offence is not evidence of general reputation. An order demanding security is not justifiable where a large body of apparently respectable witnesses of the neighbourhood testify to the good character of the accused as against the evidence of police officers. Kundan vs. The Crown, (1928) I.L.R. IX Lah. 133. (Soman vs. The Crown, 37 P. W. R. 1910, Nasir Bakhsh vs. Queen-Empress, 18 P. L. R. 1901, and Ajmal Singh vs. Queen-Empress, 2 P. R. (Cr.) 1898, referred.)

The petitioner was ordered by a first class Magistrate to execute a bond in the sum of Rs. 2,000, with two sureties in the same amount, under section 110, Criminal Procedure Code, to be of good behaviour for one year. The evidence against the petitioner was that he had been suspected six times of burglary. Held, that mere suspicion of complicity in this or that isolated offence is not evidence of general reputation and that therefore the petitioner could not be put upon security merely on the ground that he was suspected by the police six times of having committed various burglaries. Kehr Singh vs. The Crown, (1928) I.L.R. IX Lah. 586. (Kundan vs. Emperor, (1927) I.L.R. 9 Lah. 133. followed.)

11. Nature, amount and period of securityIf the Magistrate decides that security is necessary the next step is to determine (1) the amount and nature of security to be given ; (2) the period for which it is to be given. In considering these points the Magistrate should be careful to refer to the original order to see that the security and the period therein specified are not exceeded. Further as the amount of the bond is to be fixed with due regard to the circumstances of the case and is not to be excessive, it should appear upon the record that the security demanded is not disproportionate to the ability of the accused person to furnish it, having regard to his status in life. (Section 118 of the Code.) 12. Age of accusedWhen the appearance of the accused leaves it doubtful whether he is minor, his age should be ascertained. 13. Action to be taken when Security is not necessaryIf it is not proved that security is necessary, the Magistrate will act under Section 119, according as the person is in custody, for the purpose of the enquiry merely, or is not in custody. 14. Final order should state full particulars about bonds requiredWhen the final order is made under Section 118, it should state clearly (1) the amount of the bond; (2) whether it is to be with or without sureties, and the number of such sureties; (3) the period for which security is to be given. If the proceedings are in English, the order must be translated into the vernacular and signed by the Magistrate. 15. Joint trials and period of a securityIt is frequently found that (i) Several persons are proceeded against jointly, although there is little or no evidence that they are really associated together for the purposes of any of the crimes referred to in Section 110 of the Code of Criminal Procedure;

(ii) Security is demanded for a period exceeding one year without any reason, such as previous convictions for serious crime, or previous taking of security, being assigned for the step. The irregularity of the first proceeding has been pointed out in more than one published decision of the High Court, and as regards the second point, the Judges are of opinion that the period for which security is demanded should not in ordinary cases exceed one year, and where special reasons exist for enlarging the period, these should be duly set forth in the order. 16. Bond should be single and no stamp is requiredIt has also been noticed that in many Courts the practice is to require the accused person to execute one bond, and the sureties separate bonds (sometimes for separate amounts). This is not in accordance with law, the person from whom security is taken and his sureties should all execute only one joint bond, in the form prescribed in the Code of Criminal Procedure, Schedule V (Form XI) [Second Schedule, Form XII of new Code]. The bond is exempt from stamp duty, as regards the sureties, under Government of India Notification No. 4650, dated 10th September, 1889, and as regards the principal under Section 19, clause XV, of the Court-fees Act, 1870. 17. Commencement of period of security, suspension of order and form of warrant when security is not furnishedWhen the person from whom the security is required is not under sentence of imprisonment, or undergoing such a sentence, the period commences to run from the date of order, unless the Magistrate, for sufficient reasons fixes a latter date [Section 120 (2) (see Section 119 of new Code)]. If the Magistrate has reason to believe that the person required to give security will do so if a short time be allowed for that purpose, the Magistrate should defer execution of his order by suspending it, and thus obviate the necessity for requiring such person to at once suffer imprisonment. If, however, the requisite security is not given on the date fixed, the person from whom the security is required must be committed to prison under Section 123, with a warrant in Form XIII or XIV of Schedule V of the Code of Criminal Procedure, if the period fixed does not exceed one year. When the period exceeds one-year, the form must be varied so as to bring its last clause into conformity with the second clause of Section 123 [See Section 122 of new Code]; and the proceedings must be laid, as soon as conveniently may be, before the Court of Sessions. [Section 123 (2)] [See Section 122 of new Code]. 18. Kind of imprisonment in default of securityCare must be taken that the record is complete by filing either the security-bond or a copy of the warrant of commitment before consigning the record to the record room. Imprisonment in default of furnishing security under Section 107 or Section 108 must be simple, while under Section 109 and Section 110, it may be simple or rigorous at the discretion of the Magistrate. [Section 123 (5) and (6)] [see Section 122 of new Code]. 19. Errors and irregularities have to be avoidedIn other matters relating to proceedings under Sections 106, 109 and 110, Magistrates are referred to the provisions of the Code, in

Chapter VIII and to the Forms X to XV, inclusive in Schedule V of the Code. They are recommended to have their Codes besides them, and to refer to them in all proceedings under this Chapter, as errors and irregularities, which might be avoided by reference to the Code, can only be regarded as wholly inexcusable. 20. Security cases against zaildars etc.(1) Proceedings under Section 110 of the Code of Criminal Procedure shall not be taken against Lambardars or Inamdars without the special order of the District Magistrate. (2) When such proceedings are instituted against a person of one of the classes named, he shall be dealt with when practicable by the District Magistrate himself. 21. Right of appealUnder Section 406 of the Code [see Section 373 of new Code] any person who has been ordered under Section 118 [see Section 117 of the new Code] to give security for keeping the peace or for good behaviour has a right of appeal to the Court of Sessions. Section 406-A gives a right of appeal to any person aggrieved by an order refusing to accept or rejecting surety. 22. Restriction order instead of security may be proper in certain casesThe provisions of the Restriction of Habitual Officers (Punjab) Act, 1918 (Punjab Act V of 1918) should be carefully studied. This Act permits an order of restriction being passed in lieu of or in addition to an order under Section 110 of the Code and may be utilised, in appropriate cases when there is no chance of security being furnished and an order of restriction would serve the object in view. 23. Appeals from orders under Section 118 do not lie to District MagistratesThe first proviso to Section 406 of the Code [see Section 373 of new Code] which authorised the State Government to direct by notification that appeals from orders under Section 118 passed by Magistrates other than a District Magistrate, shall lie in any district to the District Magistrate and not to the Court of Sessions has been omitted by the Code of Criminal Procedure (Amendment) Act, No. 26 of 1955).

CHAPTER 4

Trial of Riot Cases

Ch. 4]

1. Rioting definedWhenever force or violence is used by an unlawful assembly or by any member thereof in prosecution of the common object of such assembly every member of such assembly is guilty of the offence of rioting. (Section 146 of the Indian Penal Code). 2. Careful handling requiredRiots resulting in serious injuries or even death are of frequent occurrence in this State and cases relating to such riots require very careful handling. A large number of persons is generally involved and the evidence is often entirely of a partisan character. There is moreover, great danger of innocent persons being implicated along with the guilty, owing to the tendency of the parties in such cases to try to implicate falsely as many of their enemies as they can. 3. Courts duty to ascertain the true versionThe parties generally give widely divergent versions of the riot and in such cases the Police usually prosecute members of both the parties and place the divergent versions and the evidence in support before the Court. It is for the Court to ascertain in such cases which of the two versions is correct and the Court cannot shirk this duty on the ground that the Police did not ascertain which of the stories was true (cf. 2 P.R. 1913). 4. Right of self-defenceWhen both parties deliberately engage in a fight no question of the right of self-defence arises. But, otherwise, the question as to which of the parties was the aggressor and which was acting in self-defence becomes of vital importance and the Court must do its best to arrive at a finding thereon for the party acting in self-defence cannot be held to be guilty of any offence unless the right of private defence is exceeded (see Section 96-106, Indian Penal Code). 5. Separate trials when both parties are prosecutedWhen both parties to a riot are prosecuted, the two cases must be tried separately and evidence in the one case cannot be treated as evidence in the others even with the consent of the parties (IV. I.L.R. Lahore 376). Similarly judgments in such cases should be written separately and care should be taken to see that the evidence in the one case is not imported into the judgment in the other. Sometimes Courts consider it convenient to dispose of such cases in a single judgment, but doing so they are liable to mix up the evidence in the two records. Even when the Lower Courts are careful enough not to mix up the evidence, the mere fact of their having written one judgment furnishes the convicts with a ground of appeal that the directions of their Lordships of the Privy Council in Madat Khan v. The King Emperor (I.L.R. VIII Lahore 193), have not been followed. Such objections

have to be heard, examined and decided and a good deal of the time of the appellate Court is thus wasted.
COMMENTS Two parties of Pathans who had engaged in an armed fight, resulting in the death of a member of each party, were separately charged and tried for murder and causing grievous hurt. The Sessions Judge, as well as the High Court on appeal, dealt with both cases in one judgment. The appellants, members of one party, obtained special leave to appeal from their convictions, on the ground that in the consideration of the charges against them evidence given in the case against the other party was referred to. On the hearing of the appeal it appeared that there was a body of evidence adduced in the case against the appellants which warranted their convictions and that no injustice had arisen from the technical irregularity. Held, that in accordance with the practice of the Judicial Committee the appeal should be dismissed. Madat Khan vs. The King-Emperor, (1927) I.L.R. VIII Lah. (PC) 193.

6. Case of each accused should be separately siftedIn recording evidence in riot cases, care should be taken to bring out distinctly as far as possible the connection of each of the accused with the crime and the actual part played by him. In the judgment the evidence against each of the accused should be discussed separately along with the evidence produced by him in defence, (if any) and should be scrutinised with care. The possibility of innocent persons being falsely implicated should be always borne in mind. The mention or omission of the name of an accused person in the First Information Report, when such report is made promptly by an eye-witness, and the presence or absence of injuries on his person are worthy of consideration in this respect, though these are, of course by no means conclusive. 7. An unlawful assembly, its common object and use of violence must be provedA charge of rioting presupposes the existence of an unlawful assembly with a common object as defined in Section 141 of the Indian Penal Code. No charge of rioting can be sustained against any person unless it is proved that he was a member of such an unlawful assembly, and that one or more members of the assembly used force or violence in prosecution of its common object. It is, therefore, advisable to refer to the unlawful assembly, its common object, and the use of force or violence in the charge, so that the essential ingredients of the offence are not lost sight of. A lucid statement of the law of unlawful assembly and riot by Plowden, J., will be found in 4 P.R. 1889. 8. Joint liability of accusedSection 149 of the Indian Penal Code, which makes every member of an unlawful assembly constructively liable for offences committed by other members, in prosecution of the common object of the assembly, deserves careful study. Before Section 149 can be called in aid, the Court must find with certainty that there were at least five persons sharing the common object. It is not essential that five persons must always be convicted before Section 149 can be applied. In this connection please see 1954 Supreme Court Reports 145, A.I.R. 1954 SC 648 and I.L.R. 1954 Punjab 813. If there is uncertainly as to the required number having participated in the crime, joint liability may still arise by virtue of Section 34 of the Indian Penal Code, if it is found that the act constituting the offence was committed in furtherance of the common intention of all. As regards the precise scope and effect of Section 149 and Section 34 Indian Penal Code, 1954, Supreme Court Reports 904 and I.L.R. 1954 Punjab 813 may be consulted, when no joint liability can be established, each accused person can be held responsible only for his own acts.

COMMENTS Before Section 149 can be called in aid, the Court must find with certainty that there were at least five persons sharing the common object. A finding that out of seven men in qu estion three may or may not have been at the site of offence betrays uncertainty on this vital point and consequently a conviction resting on that uncertain foundation cannot be sustained. Especially in a murder case where the sentence of transportation in no less than four cases has been enhanced to death, it is essential that the Judge should give a finding on the point with unerring certainty. It is not essential that five persons must always be convicted before Section 149 can be applied. Where it is possible to conclude that though five persons were unquestionably at the place of offence the identity of one or more is in doubt a conviction of the rest with the aid of the section would be good. Dalip Singh and others, vs. The State of Punjab, AIR 1953 SC 364 : 1954 SCR 145. The two appellants were charged and convicted along with five others of having constituted an unlawful assembly and committed murder (Section 302 read with Section 149). But in the appeal before the High Court the five accused were given benefit of doubt and acquitted. In an appeal before the Supreme Court it was contended that the said five accused having been acquitted, and in the absence of a charge that five other unknown persons constituted an unlawful assembly, the two appellants could not be held members of the unlawful assembly which had the common object. Held after reviewing the evidence and weighing the opinion embodied in the judgment of the High Court that there was no scope left for introducing into the case the theory of the benefit of doubt, that the five accused were wrongfully acquitted and that though their acquittal stood that circumstance could not affect the conviction of the appellants under Section 302 read with Section 149. Marachalil Pakku and Another, vs. State of Madras, AIR 1954 SC 648. Though there is substantial difference between Section 34 and Section 149, the sections also the some extent overlap and it is a question to be determined on the facts of each case whether the charge under Section 149 overlaps the ground covered by Section 34. If the common object which is the subject matter of the charge under Section 149 does not necessarily involve a common intention, then the substitution of Section 34 for Section 149 might result in prejudice to the accused and ought not therefore to be permitted. But if the facts to be proved and the evidence to be adduced with reference to the charge under Section 149 would be the same if the charge were under Section 34, then the failure to charge the accused under Section 34 could not result in any prejudice and in such cases the substitution of Section 34 for Section 149 must be held to be a formal matter. Karnail Singh and another, vs. State of Punjab, AIR 1954 SC 204 : 1954 SCR 904. (Barendra Kumar Ghosh vs. Emperor, AIR 1925 PC 1 and Lachhman Singh vs. State, AIR 1952 SC 167, Relied on).

9. Sentences when several offences are committedWhen a number of offences are committed by members of an unlawful assembly in the course of the riot in prosecution of their common object, each member is guilty not only of rioting but of every other offence committed by himself or by the other members of the unlawful assembly. Under Section 35 of the Criminal Procedure Code he is liable to be punished separately for each of such offences, subject to the provisions of Section 71 of the Indian Penal Code. As regards the bearing of the latter section on the question of separate sentences where a series of acts of violence is committed in the course of the riot, a Full Bench ruling of the Punjab Chief Court4 P.R., 1901 may be consulted. Section 35 of the Criminal Procedure Code [See Section 31 of new Code] enables the Court to make the sentences for two or more of such offences concurrent. The appropriate sentence in the case of each accused person must, of course, be determined in view of all the circumstances of the crime and the actual part played by him.

CHAPTER 5
Ch. 5

Cases Under Special and Local Acts

Part A THE INDIAN ARMS ACT, 1878
Part A]

1. Definition of ArmsThe definition of Arms in the Indian Arms Act is not exhaustive and the question whether a particular weapon does or does not fall within the scope of the Act must be decided in view or all the circumstances of each case; neither the length, the breadth or the form of the blade of a weapon nor the handle afford any certain test. Whatever can be used as an instrument of attack or defence and is not an ordinary instrument for domestic purposes falls within the purview of the Act. Takwas intended primarily for domestic or agricultural use are not arms. (c.f. 191 Indian Cases 323,16 P.R. 1900, 32 P.R. 1918 and I.L.R. 2 Lahore 291). 2. Concealment of armsThe question whether a case falls under Section 19 or 20 of the Indian Arms Act, 1878, is at times difficult to decide; but each case of concealment of arms must be decided on its own facts. For a conviction under Section 20, there must be some special indication of an intention that the possession of arms was being concealed from a public servant or a railway servant, (c.f. 8 P.R. 1915; I.L.R. 7 Lahore 65).
COMMENTS Each case of concealment of arms must be decided on its own facts as to whether it falls under section 19 or section 20 of the Arms Act, but for section 20 to apply there must be some special indication of an intention to conceal the possession of the arms from a public servant, railway official or public carrier. Thus, were the appellant rode on horseback to a rendezvous with arms for sale, wrapped in a gunny bag, at a place where he would not anticipate meeting the police, and was arrested while settling the price and convicted under section 20 of the Arms Act Held, that, although it was a case of trafficking in arms requiring the full sentence, the conviction must be altered to one under section 19 (f) of the Act. Chet Singh vs. The Crown, (1926) I.L.R. VII Lah. 65. (Crown vs. Azu, (1906) Cr. L. J. 259 (F. B.), and Khem Singh vs. Crown, 8 P. R. (Cr.) 1915, followed.) (Ibrahim vs. Crown, 9 P. R. (Cr.) 1912, dissented from.)

3. KirpansKirpans possessed or carried by Sikhs are exempt from the operation of the Arms Act but the exemption does not extend to manufacture of Kirpans by a Sikh (I.L.R. 3 Lahore 437). The word Kirpan has not been defined in the Act or the rules framed thereunder. It has been held in I.L.R. 5 Lahore 308 that it can only be understood and read as meaning a sword and there is no warrant for holding that it must be of a particular type or that it must not exceed any particular dimensions.

COMMENTS A Sikh, was convicted by a Magistrate under Section 19 (a) of the Indian Arms Act, for having manufactured and sold kirpans without a license. The Sessions Judge acquitted him having regard to the entry in the second schedule annexed to the Indian Arms Rules, which showed that kirpans possessed or carried by Sikhs are excluded from the operation of all the prohibitions and directions contained in the Arms Act. Held, that the exemption was not applicable to the accused-respondent who was therefore guilty of an offence under section 5 of the Indian Arms Act, punishable under section 19 (a). The Crown vs. Basta Singh, (1922) I.L.R. III Lah. 437.

4. An Article which comes within the definition of Arms in the Act would not cease to be so by the fact that it is used for religious purposes. In I.L.R. 1941 Lahore 789 a spear having the appearance of a spear and capable of being used as spear was hold to fall within the definition and the facts that it is called by a different name or was electroplated and used for religious purposes were held not to be material.
COMMENTS In cases under the Arms Act it is always a question of fact whether the article for the possession of which a charge under the Act is made comes within the definition of Arms or not. The possession of an article within the definition of Arms in Section 4 of the Arms Act is an offence under Section 19 ( f) of the Act and the fact that such an article is used for religious purposes does not relieve the person in possession from the operation of the Act. The spearheads used by the Nihang Sikhs as Nishan Sahibs or religious emblems (as in the present case) are Arms within the meaning of the Arms Act. The Crown vs. Sobha Singh, (1941) I.L.R. XXII Lah. 789.

5. The possessions of arms by a person after the expiry of his licence and before its renewal was held to be in contravention of Section 14 and therefore an offence punishable under Section 19 (f) of the Arms Act in I.L.R. 1943 Lahore 756. The period of grace allowed for the making of an application for the renewal of a licence does not mean that the quondam licence-holder is entitled as of right to have the licence renewed on payment of the fee mentioned.
COMMENTS The respondent holding a license for a gun for about 15 years, got it renewed from time to time, the last renewal being on 15th of January, 1940 for a period of one year commencing the first of January, 1940, and expiring on 31st of December, 1940, An application for the renewal of the license for the gun for the year 1941 was made on 9th of June, 1941. Held, that during the period between 1st of January and 9th of June, 1941, the respondent was in possession of the gun without a license in contravention of the provisions of Section 14 of the Indian Arms Act which was an offence punishable under Section 19 (f) of the Act. King-Emperor vs. Bakhshi Ram, (1943) I.L.R. XXIV Lah. 756.

6. For cases in which an arm is found to be in possession or control of two or more persons the observations of a Full Bench of the Lahore High Court in A.I.R. 1944 Lahore 339 would be found useful.

Part B THE PUNJAB EXCISE ACT, 1914

Part B]

1. Deterrent sentencesIn awarding punishment for an offence under the Excise Act the Courts should bear in mind that illicit distillation implies a good deal of preparation and results not only in loss of excise revenue, but also in drunkenness. Judicial experience also shows that the offence often escape detection, and it is, therefore, necessary to impose a sentence which will have a deterrent effect. 2. Application of Section 562, Cr.P.C. not advisable for offences under Section 61(1) of the Excise ActAlthough Section 562 of the Code of Criminal Procedure [See Section 360 of new Code] (as amended by Act XVIII of 1923) applies also to persons who are found guilty of an offence under a special or local Act, its provisions should not ordinarily be applied to a person convicted of an offence under Section 61(1) of the Excise Act which implies previous preparation and often escapes detection. (I.L.R. 7 Lahore 32).
COMMENTS In awarding punishment for an offence under the Excise Act the Courts should bear in mind that illicit distillation implies a good deal of preparation and results, not only in loss of excise revenue, but also in drunkenness. Judicial experience also shows that the offence escapes detection, and it is, therefore, necessary to impose a sentence which will have a deterrent effect. The Crown vs. Piara Singh, (1926) I.L.R. VII Lah. 32. (Crown vs. Sujan Singh, 19 P. R. (Cr.) 1916, followed.) Although section 562 of the Code of Criminal Procedure (as amended by Act XVIII of 1923) applies also to persons who are found guilty of an offence under a Special or Local Act, its provisions should not ordinarily be applied to a person convicted of an offence under section 61 (1) of the Excise Act which implies previous preparation and often escapes detection. The Crown vs. Piara Singh, (1926) I.L.R. VII Lah. 32.

3. Minimum punishment in certain cases. Enhanced sentences for repetitions of offences. Security for abstaining from such crimes, etc.The amendments made in the Punjab Excise Act, 1914 by Punjab Acts No. IX of 1948 and 35 of 1956 may be carefully studied. A person found in possession of a working still for the manufacture of an intoxicant is punishable under Section 61(1) with a minimum sentence of six months imprisonment and fine of two hundred rupees and this offence has been made non-bailable. In certain other cases the law provides that the offender shall be punishable with imprisonment and fine. This means, that a sentence of imprisonment, however short, must be awarded. Section 68-A authorises the Court to require a person, at the time of conviction for certain offences, to execute a bond, with or without sureties, for abstaining from the commission of those offences for a period not exceeding three years. The form of bond is given in Schedule II of the Act.
Part C THE INDIAN OPIUM ACT, 1878
Part C]

1. Rule broken should be specifiedCharges of offences under Section 9 of the Indian Opium Act should specify not merely Section 9 which prescribes the penalty for the breach of various rules under the Act, but also the particular rule which the accused is alleged to have broken and so rendered himself liable for punishment under Section 9 (c.f. 10 P.R. 1888 : 19 P.R. 1891).

2. Distribution of fines among informants and helpersThere is no authority conferred by the Opium Act upon a Magistrate to distribute fines amongst person who may have helped in the detection of an offence under the Act. (see 13 P.R. 1894). 3. Imprisonment may be of either descriptionSection 9 of the Opium Act does not specify the kind of imprisonment that may be awarded on a conviction under the Act. In view of clause (27) of Section 3 of the General Clauses Act, 1897 imprisonment can be of either description defined in the Indian Penal Code. 4. Opium cases should be decided expeditiouslyThe Courts should try to decide cases of Opium Smuggling speedily. The seizures of dangerous drugs have to be reported by the Government of India to the United Nations who have also to be kept informed of the final outcome of each case. The question is also included every year on the agenda of the United Nations Narcotics Commission. The delay in the prosecution of these cases leads to unfavourable criticism by the members of this international body. The Courts should, therefore, dispose of these cases as expeditiously as possible. (Punjab Government letter No. 4437-J (C)56/ 48654, dated the 11th/23th June, 1956).
Part D THE INDIAN RAILWAYS ACT, 1950
Part D]

1. Priority to railway casesMagistrates should give precedence to Railway prosecutions in cases of the kind under notice and should dispose of them as early as possible at the sitting of the Court on each day on which there happen to be any fixed for hearing. A Magistrate should, except on Sundays and gazetted public holidays, be always available and sitting in Court during proper hours to take up such cases. 2. Police to fix the first date and inform accused and witnessesThe Railway Police should, in non-cognizable cases taken up under Section 132 of the Indian Railways Act, in which the accused person has been released on security (and in which it would cause inconvenience to refer the Magistrate in the first instance to fix a date), at once fix and inform the accused person and witnesses of the date on which, their attendance will be required before the Magistrate. 3. Magistrate may fix date in certain casesWhenever it is possible to do so, without causing serious inconvenience, the Railway Police authorities should request the Magistrate to fix a date and to inform those whose attendance is required accordingly. 4. Cases to be tried at headquarters or other places within easy access from the Railway lineAs a general rule and where no special reasons exist to the contrary, Railway Police cases should be tried at the headquarters of districts or sub-division or at places within easy access from the Railway Line. 5. Money recovered to be credited in the TreasuryAll money recovered by Courts as excess fares under Section 112, 113 and 115 of the Act should be paid into the Treasury to be credited to the Railway Department through the Exchange Accounts and intimation sent to the Audit

Department of the Railway Administration concerned. In no case should any money be paid to the party representing the Railway in Court.
Part E THE PUNJAB LAWS ACT
Part E]

1. Laws peculiar to this Province as embodied in the Punjab Laws Act, 1872Attention is invited to certain provisions of law peculiar to this State, e.g., the track law, slaughter of kine, etc., which are embodied in the Punjab Laws Act, 1872.

CHAPTER 6
Ch. 6

Cases Against Government Servants

Part A]

Part A GENERAL

[1. Cases against public servants or local bodies should be reported to District MagistratesA Judicial Magistrate taking cognizance of an alleged offence against a servant of the Government or of a Local Body shall report, without delay, to the Chief Judicial Magistrate to whom he is subordinate, the commencement of such proceedings together with brief details of the case and endorse a copy of the same to the District Magistrate who shall forward a copy to the departmental officer-in-charge of the Department to which the accused belongsa further report will be sent in the same way on the termination of the proceedings, stating whether they have terminated in conviction, discharge or acquittal.
1

In cases of convictions, a copy of the judgment must be forwarded.]

COMMENTS Under Chapter VI Volume III it has been provided that a Magistrate taking cognizance of an alleged offence against a public servant should report to the District Magistrate, who in turn is charged with the duty of forwarding a copy of this report to the department concerned. The object of this rule appears to be to inform the administrative department about the institution and the result of criminal cases against the public servants so that in the event of conviction of the public servant the administrative department may be able to take further action. This rule does not mean that wherever a public servant is involved, the case should necessarily be transferred to the file of the Chief Judicial Magistrate. Ram Sarup v. Mangal Dass, 75 (1973) PIS. 222.

2. District Magistrate as trying officer should send a report to the departmental officer of the official concernedShould, however, a District Magistrate himself take cognizance of such a case, he is to follow the same procedure and send the local departmental officer of the official concerned a brief report of the facts of the case for his information. 3. Copies to be supplied free to departmental officersCopies of judgments or orders, or English translations of vernacular judgments or orders, convicting, acquitting or discharging government servants, including a person subject to Military law or a civilian in military employ, of criminal offences shall be supplied free of charge to the Heads of Departments or Offices concerned.

Part B CRIMINAL CASES AGAINST POLICE OFFICERS

Part B]

1. Criticism of Conduct of Police officer in judgments. Action to be taken on such criticismFor judgments criticising the conduct of Police see Chapter 1-H, paragraph 6. 2. Attention is also invited to Rules 16.38(5) and (6) of Punjab Police Rules, 1934 which run as follows: (5) In all criminal cases in which strictures are passed on the conduct of the Police by a Criminal Court, whether in a judgment or by means of a separate note, a copy of the judgment or note must be sent to the District Magistrate. When such strictures are passed by a Magistrates Court or by a Sessions or High Court otherwise than as in sub-rule (6) below, the procedure indicated in sub-rules (1) and (2) above shall be followed. (6) If a Sessions Court or the High Court in passing such strictures records its opinions that a special enquiry is necessary, the District Magistrate, on receipt of a copy of the opinion of the Court, shall consider whether to order judicial proceedings or not. If he is of opinion that immediate proceedings before a Criminal Court are likely to be unsuitable or infructuous, he shall refer the case to the Inspector-General of Police, who will in consultation with the Chief Secretary, nominate two officers to hold the special enquiry.
Part C CRIMINAL CASES AFFECTING PERSONS BELONGING TO THE ARMED FORCES
Part C]

1. Cases to be tried only by District and 1st Class MagistratesCriminal cases against persons belonging to the Armed Forces should only be taken up by District Magistrates or Magistrates of the first class and this direction should be strictly observed. 2. Copy of Judgment to be sent to superior officer of accusedWhen a person belonging to the Armed Forces is convicted of any offence by any Magistrate, information in the form given below shall be furnished by such Magistrate to the superior officer of the person so convicted:
Forms of Information
Name (and Military rank) of person convicted Offence of which convicted Sentence Date

3. Military rank of accused to be stated in the warrant of committal to personWhenever a soldier is committed to jail whether for trial or under sentences, his military rank shall always be stated in the warrant of commitment, in order that due notice may be given to the military authorities of the day on which, and hour at which, the imprisonment of such person will expire.

4. Information of conviction of pensioned officersWhenever a military person is convicted and sentenced to imprisonment for a criminal offence, a copy of the judgment or the heads or charge to the jury and final orders, as the case may be, shall be sent to the Controller of Military Accounts and Pensions. The place where the pensioner last drew his pension shall be stated in the covering letter. The copies shall be prepared free of charge in the office of the Court and not by the copying department. 5. Information of conviction of Indian Army reservistsWhenever a reservist of the Army is sentenced by a Criminal Court to imprisonment for any term exceeding three months, the facts are to be reported without delay to the Commandant of the appropriate regimental Centre, in the manner prescribed in Para 2 above. 6. Dual jurisdiction of Court-Martial and Civil CourtIn exercise of the powers conferred by sub-section (1) of Section 549 of the Code of Criminal Procedure, 1898 (V of 1898) [See Section 475 of new Code], and in supersession of all previous notifications on the subject, the Central Government hereby makes the following rules for the trial of persons subject to Military, Naval or Air Force law, by a Court to which the said Code applies, or by a Court-martial, namely: 1. (1) These Rules may be called the Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952. (2) They extend to the whole of India except the States of Jammu and Kashmir and Manipur. 2. In these Rules unless the context otherwise requires: (i) Commanding Officer: (a) in relation to a person subject to military law means the officer commanding the unit or detachment to which such person belongs or is attached. (b) in relation to a person subject to naval law means the commanding officer of the ship to which such person for the time being belongs; and (c) in relation to a person subject to Air force law means the officer for the time being in command of the unit or detachment to which such person belongs or is attached. (ii) competent military authority means the officer commanding the army corps, division area, corps or independent brigade or sub-area in which the accused person is serving and [except in cases falling under Section 70 of the Army Act, 1950 (XLVI of 1950) where death has resulted the officer commanding the brigade or sub-area or station in which the accused person is serving. (iii) Competent naval authority means the Chief of the naval Staff, or Flag Officer (Flotilla) Indian Fleet or Commodore-in-charge, Bombay or Commodore-in-charge, Cochin or Naval Officer-in-charge, or Senior Naval Officer present; and

(iv) Competent Air Force authority means the officer commanding the command, wing or station in which the accused person is serving and when death has resulted (except in cases falling under Section 72 of the Air Force Act, 1950 (XLV of 1950), the Chief of the Air Staff. 3. Where a person subject to Military, Naval or Air Force law is brought before a Magistrate and charged with an offence for which he is liable to be tried by a Court-martial, such Magistrate shall not proceed to try such person or to inquire with a view to his commitment for trial by the Court of Sessions or High Court for any offence triable by such Court unless: (a) he is of opinion for reasons to be recorded, that he should so proceed without being moved thereto by competent Military, Naval or Air Force authority, or (b) he is moved thereto by such authority. 4. Before proceeding under clause (a) of rule 3, the Magistrate shall give written notice to the commanding Officer of the accused and until the expiry of a period of seven days from the date of the service of such notice, he shall not (a) convict or acquit the accused under Section 243, 245, 247 or 248 of the Code of Criminal Procedure, 1898 (V of 1898) [See Sections 252, 253, 254, 255, 256 of new Code] or hear him in his defence under Section 244 [See Section 254 of new Code] of the said Code; or (b) frame in writing a charge against the accused under Section 254 of the said Code [See Section 246( 1) of new Code]; or (c) Make an order committing the accused for trial by the High Court or the Court of Sessions under Section 213 [There is no equivalent Section to Section 213 of old Code in new Code] of the said Code. (d) transfer the case for enquiry or trial under Section 192 of the said Code. 5. Where within the period of seven days mentioned in Rule 4 or at any time thereafter before the Magistrate has done any act or made any order referred to in that rule, the Commanding Officer of the accused or competent Military Naval or Air Force authority, as the case may be, gives notice to the Magistrate that in the opinion of such authority, the accused should be tried by a Court-martial, the Magistrate shall stay proceedings and if the accused is in his power or under his control shall deliver him, with the statement prescribed in sub-section (1) of Section 549 of the said Code [See Section 475 of new Code] to the authority specified in the said sub-section. 6. Where a Magistrate has been moved by competent Military, Naval or Air Force authority, as the case may be under clause (b) of Rule 3, and the Commanding Officer of the accused or competent Military, Naval or Air Force authority, as the case may be, subsequently gives notice to such Magistrate that, in the opinion of such authority, the accused should be tried by a Courtmartial, such Magistrate, if he has not before receiving such notice done any act or made any order referred to in Rule 4, shall stay proceedings and, if the accused in his power or under his control shall in the like manner deliver him, with the statement prescribed in sub-section (1) of

Section 549 of the said Code [See Section 475 of new Code] to the authority specified in the said sub-section. 7. (1) When an accused person has been delivered by the Magistrate under Rules 5 and 6, the Commanding Officer of the accused or the competent Military, Naval or Air Force authority, as the case may be, shall, as soon as may be, inform the Magistrate whether the accused has been tried by a Court Martial or other effectual proceedings have been taken or ordered to be taken against him. (2) When the Magistrate has been informed under sub-rule (1) that the accused has not been tried or other effectual proceedings have not been taken or ordered to be taken against him the Magistrate shall report the circumstances to the State Government, which may, in consultation with the Central Government, take appropriate steps to ensure that the accused person is dealt with in accordance with law. 8. Notwithstanding anything in the foregoing rules where it comes to the notice of a Magistrate that a person subject to Military, Naval or Air Force law has committed an offence, proceedings in respect of which ought to be instituted before him and that the presence of such person cannot be procured except through Military, Naval or Air Force authorities the Magistrate may by a written notice require the Commanding Officer of such person either to deliver such person to a Magistrate to be named in the said notice for being proceeding against according to law, or to stay the proceedings against such person before the Court-martial, if since instituted and to make a reference to the Central Government for determination as to the Court before which proceedings should be instituted. 9. Where a person subject to Military, Naval or Air Force law has committed an offence which, in the opinion of competentMilitary, Naval or Air Force authority, as the case may be, ought to be tried by a Magistrate in accordance with the civil law in force or where the Central Government has, on a reference mentioned in Rule 8, decided that proceedings against such person should be instituted before a Magistrate, the Commanding Officer of such person shall after giving a written notice to the Magistrate concerned, deliver such person under proper escort to that Magistrate. (Government of India Notification No. S.R.O. 709, dated the 17th April, 1952, as amended by Government of India Notification No. S.R.O. 1740, dated the 22nd September 1953 and No. S.R.O. 126, dated the 11th January, 1956). 7. Dual jurisdictionIn this connection also please see Sections 124, 125 and 126 of the Air Force Act, 1950 (No. XLV of 1950) and Sections 125, 126 and 127 of the Army Act. 1950 (No. XLVI of 1950). 1. Rule 1 substituted vide correction slip No. 7, Rules XZ 20 dated 19-5-1965.

CHAPTER 7
Ch. 7

Maintenance Cases
Part A]

Part A PROCEEDINGS UNDER SECTION 488, CRIMINAL PROCEDURE CODE [SECTION 125 OF NEW CODE]

1. Application of Section 488, Cr. P.C.Proceedings under Section 488 of the Code of Criminal Procedure [Section 125 of new Code] are of a Criminal character, and its provisions must be strictly followed. The section is not intended to provide for all possible cases in which a wife may be entitled to receive separate maintenance from her husband and it in no way overrides the Civil law or excludes the jurisdiction of the Civil Courts. A Magistrate exercising jurisdiction under his section is bound to exercise it in accordance with its terms and not otherwise; and especially not to deviate from them into orders which may appear to him to be better adapted to secure a fitting support to the wife, but are not warranted by the section. 2. Complaint to be explained to husbandWhen a husband appears in obedience to a summons issued on the application of a wife for a maintenance order, the complaint and statements of the wife in her examination should be read and explained to him, and he should be called on to answer the claim. 3. Points to be provedBefore a maintenance order in favour of the wife can be made, it must be made to appear, first that the applicant is the wife of the husband at the time when the order is made; secondly, that the husband has sufficient means to maintain her, and thirdly, that he refuses or neglects to maintain her. 4. Proof of marriageIf the marriage is denied, the question must be inquired into and decided by the Magistrate. 5. Ground on which order may be refusedAn order of maintenance must be refused, if it appears either: (1) that the wife is living in adultery, or (2) that without any sufficient reason she refused to live with her husband, or (3) that she and her husband are living apart by mutual consent [sub-section (4) of Section 488] [now see Section 125 of new Code].

With regard to clause (2) above, attention is drawn to a proviso added to sub-section (3) of Section 488 [Now See 125 of new Code] by Act IX of 1949, which provides that if a husband has contracted marriage with another wife or keeps a mistress it shall be considered to be just ground for his wifes refusal to live with him. Act IX of 1949 has been repealed by Act XLVIII of 1952 but in view of Section 4 of the Repealing Act the substantive portions incorporated in the Code became a part and parcel of the Code and are not affected by the Repealing Act (vide, AIR 1955 Punjab 141). Attention may also be drawn here to Section 18(2) of the Hindu Adoptions and Maintenance Act, 1956 (No. 78 of 1956), which makes special provision for the right to separate residence and maintenance under certain circumstances in the case of Hindu married women. Ordinarily, it will not be necessary to enter into any of these matters unless an objection is taken on one of the above grounds by the husband. 6. Maintenance order to be refused in certain casesIt follows, that if it should appear that the petitioner never was the wife, or has ceases to be the wife of the respondent, as, for instance, that she had only lived with the respondent as his mistress, or that the husband has validly divorced her before an order of maintenance is made, the application must be dismissed. 7. Means of husband to be consideredIf the Magistrate is satisfied that the wife is entitled to an order for maintenance, he should further satisfy himself before making the order, what the actual means of the husband are and what other persons, if any, are lawfully dependant upon him. The word means in Section 488 includes earning capacity. Hence when a man is healthy and able bodied he should be taken to have the means to support his wife. (Vide AIR 1955 All. 320, AIR 1944 Lahore 392, AIR 1939 Lahore 24). 8. Needs and social position of wife to be consideredIn fixing the allowance payable by the husband, regard must be had to all these matters as well as to the needs and the social position of the wife. 9. Order must be for a cash monthly allowance not exceeding Rs. 500 a monthAn order for maintenance must be for a sum of money, payable as a monthly allowance, from the date of the order of from the date of the application for maintenance. The maximum limit has been raised from rupees one hundred per month to rupees five hundred per month by Act No. 26 of 1955. The allowance should be made payable to the wife or to such other person on her behalf as the Magistrate may in his order direct. Under ordinary circumstances it should be made payable to the wife herself. As it is found that irregularities are frequently committed in making this order, a form of order of maintenance has been prescribed by the High Court. This form should be used in all ordinary cases.

10. Maintenance order should be unconditional and for cash allowance only: Other conditions cannot be imputed even by consent of partiesThe law does not warrant an order that the allowance be paid wholly or partly in grain either monthly or annually; nor that clothing be allowed, nor that the husband provide a house in addition to the allowance; nor an order conditional on the wife living in a house provided by her husband, or in any particular place; not an order for payment of cash as an alternative for payment in some other manner. (Vide 13. PR. 1876, 3 P. R. 1887, 31 P.R. 1887, AIR 1943 Lahore 59). There can be no objection to the parties compromising before a Magistrate in a proceeding under Section 488 [Section 125 of new Code] by agreeing between themselves as to what is the proper rate of maintenance. This agreement may in itself be sufficient proof of neglect or refusal to maintain on the part of the husband. Where, however, the compromise is with respect to other matters as well which do not come within the purview of Section 488 [Section 125 of new Code] or where the compromise amounts to an agreement to live separately by mutual consent, then the compromise cannot be given effect to in a Criminal Court. But if husband and wife agree to the rate of maintenance without adding conditions which cannot form a part of the order under Section 488 the Magistrate may award a monthly allowance in terms of the compromise; but no other order for maintenance can be made by the Magistrate on the ground that the parties consent to it [Vide, AIR 1932 Lahore 349 (2)]. 11. Security from husband cannot be taken even by agreementSimilarly, if the wife, as sometimes happens, either of her own accord or upon her husbands offer to maintain her, agrees to live with him, provided, that he gives security for her good treatment, the Magistrate has no authority under this section either to require security from the husband or to accept it if offered by him. The wife must be referred to a separate proceeding under Section 107 of the Code of Criminal Procedure if she desires security to be taken from him for keeping the peace. 12. Orders permissibleIn short, the only final order a Magistrate can properly make on an application by the wife for maintenance is (1) an order granting a monthly cash allowance unconditionally, or (2) an order either dismissing the application or, for sufficient cause, permitting the wife to withdraw her application, which would have the same effect as an order of dismissal. 13. Ex parte trial, ProcedureAs to procedure, the Magistrate should ordinarily insist upon the personal attendance of both the wife and the husband at one of the preliminary hearings and should examine them fully in order to ascertain the true facts, but if the Magistrate is satisfied that the husband is wilfully avoiding service or wilfully neglects to attend the Court, he may proceed to hear and determine the case ex parte. The evidence taken should be recorded in the manner prescribed in Section 355 [Section 274(1)(2) of new Code] of the Code of Criminal Procedure for summons-cases, that is, by the Magistrate making a memorandum of the substance of the evidence of each witness as the examination of the witness proceeds.

Sub-Section (6) of Section 488

14. Contents of JudgmentAt the close of the proceedings, a judgment should be written in the language of the Court or in English, which should state briefly the points for decision, the decision thereon and the reason for the decision. When the application for maintenance is granted, the form prescribed should be filled up and attached to the judgment as the formal order of maintenance. 15. Enforcement of orderIn view of Section 490 [Section 128 of new Code] of the Code, a copy of the said order shall be given without payment to the person in whose favour the order is made or to his guardian, if any, or to the person to whom the allowance is to be paid. Such order can be enforced by any Magistrate in any place where the person against whom it is made may be, after the Magistrate has satisfied himself about the identity of the parties and the nonpayment of the allowance. 16. Enforcement of orderNo warrant can issue for the recovery of any amount due as maintenance under Section 488 unless application is made to the Court within a period of one year from the date on which the amount became due. [Second proviso to sub-section (3) of Section 488 (See Section 125 of new Code)]. 17. DittoThe mode of enforcement of an order of maintenance is provided in sub-section (3) of Section 488 (See Section 125 of new Code) of the Code of Criminal Procedure. If the husband offers to maintain his wife on condition of her living with him, and she refuses to live with him, the Magistrate may consider any grounds of refusal stated by her and enforce the maintenance order notwithstanding such offer if he is satisfied that there is just ground for so doing.
Part B ENFORCEMENT OF MAINTENANCE ORDERS BETWEEN INDIA AND OTHER COUNTRIES ON RECIPROCAL BASIS
Part B]

I. The Maintenance Orders Enforcement Act, 1921 (XVII of 1921) which was originally enacted to facilitate the enforcement in India of Maintenance Orders made in His Majestys Dominions and Protectorates and vice versa has been amended by Act XLVII of 1952. Now, under the amended Act arrangements can be established for the enforcement of Maintenance Orders on a reciprocal basis between India and any other reciprocating territory outside India. II. Reciprocating territory is defined in the amended Act as any country or territory outside India in respect of which the Act for the time being applies by virtue of a declaration under Section 3 of that Act. Section 3, as substituted by Act XLVII of 1952, provides that if the Central Government is satisfied that legal provision exists in any country or territory outside India for the enforcement within that country or territory of maintenance orders made by Courts in India, the Central Government may by notification in the official Gazette, declare that the Act applies in respect of that country or territory and thereupon it shall apply accordingly. III. In exercise of the powers conferred by Section 12 of the Maintenance Orders Enforcement Act, 1921 (XVIII of 1921) and in supersession of the notification of the Government of India in

the late Home Department, No. F. 120-22, dated the 22nd September, 1923, the Central Government has made the following rules, namely: 1. (1) These rules may be called the Maintenance Orders Enforcement Rules, 1955. (2) They extend to the whole of India except the State of Jammu & Kashmir. 2. In these rules the expression the Act means the Maintenance Orders Enforcement Act, 1921 (XVIII of 1921). 3. The Officer to whom copies of maintenance orders shall be sent under sub-section (1) of Section 4 of the Act shall be, in the case of a High Court, the Registrar of such Court and, in the case of a Court of summary jurisdiction, the presiding officer of such Court. 4. When such copy is received by the Registrar or Officer the contents thereof shall be entered in a register maintained for the purpose in the form shown in the Schedule to these rules. 5. The notice referred to in sub-section (4) of Section 6 of the Act shall be issued to the person who applied under sub-section (1) of that section; it shall contain particulars of the further evidence which is required by the Court in the reciprocating territory and shall also state the date when the further evidence will be taken. 6. The Officer of a Court of summary jurisdiction to whom the documents referred to in subsection (1) of Section 7 of the Act may be sent under the provision of that sub-section shall be the presiding officer of such Court. 7. (1) When an order has been registered under Rule 4, the party in whose favour the order has been made shall be entitled to appear, either in person or by pleader or duly authorised agent before the High Court or Court of summary jurisdiction in which the order has been registered or as the case may be, before the Civil Court named by such High Court under sub-section (1) of Section 8 of the Act and to move such Court to enforce the order. (2) If within a period of one month from the date of the registration of the order, or as the case may be, of its transfer to the Civil Court named by the High Court no such appearance has been made, the High Court, Civil Court or Court of summary jurisdiction as the case may be, shall appoint an officer of the Court to apply for execution of the order as such officer shall be entitled to obtain execution thereof on behalf of the person in whose favour the order has been made and shall pay into the Court any monies realised in execution of the order. Provided that the appointment of such officer shall cease to have effect in the event of the subsequent appearance under sub-rule (1) of the party in whose favour the order has been made. 8. A Court of summary jurisdiction shall exercise in respect of a maintenance order registered or confirmed by it under the Act the powers conferred on it by sub-section (3) excluding the proviso thereto and sub-section (7) of Section 488 of the Code of Criminal Procedure, 1898, [See Section 125 of new Code] in respect of an order passed by it under sub-section (1) of that section.

9. (1) During the pendency of proceedings under the Act or these rules with reference to a maintenance order made in reciprocating territory, whether such order be provisional or otherwise, the person against whom the order has been made shall without delay notify the Court in which such proceedings are pending of any change in his address. (2) The Court shall at the outset of all such proceedings give notice to such person of the obligation imposed by sub-rule (1). 10. The charges referred to in Section 9 of the Act, and the sum in rupees required for the purchase of a draft for the amount of the sum awarded as maintenance in sterling or other nonrupee currency shall be assessed by the Court at the time of the registration or confirmation of the order as the case may be and any sum recovered in excess as the result of such assessment from the person against whom the order has been made shall be refunded to such person. 11. Any payment required by a Court to be made in respect of a maintenance order registered or confirmed by it shall be made through the Court unless the Court otherwise directs. 12. A Court recovering any one on account of maintenance in accordance with a maintenance order registered or confirmed by it under the Act shall forthwith cause the said sum to be remitted by the local head office or branch of the State Bank of India, or, where there is no such local head office or branch, by any other agency which the Court considers suitable to the Clerk of the Court from which the order has been received or such other officer or person as may be specified by that Court for that purpose. 13. (1) For every summons requiring the attendance of a witness or the production of a document which is issued by a Court of summary jurisdiction in the course of proceedings under Section 6 or Section 7 of the Act, there shall be charged to the person at whose instance the summons is issued such fee as would be chargeable for the issue of a like summons in a proceeding under Section 488 of the Code or Criminal Procedure, 1898. [See Section 125 of new Code]. (2) For any process issued in the course to proceedings taken in pursuance of Section 8 of the Act there shall be chargeable in the case of proceedings in a High Court or of a subordinate Civil Court named by a High Court such fee as would be chargeable for the issue of a like process in the course of the execution of a decree of such Court and in the case of proceedings in a Court of summary jurisdiction such fee as would be chargeable for the issue of a like process in the course of proceedings under Section 488 of the Code of Criminal Procedure 1898. [See Section 125 of new Code]. (3) Fees of the nature referred to in sub-rule (2) shall not be chargeable in advance but the amount thereof shall be added to the amount to be recovered from the person against whom the order has been made. (4) The amount of the actual expenditure incurred in sending a certified copy of the record to the Central Government under sub-section (6) of Section 7 of the Act and in its subsequent transmission to the Court which made the provisional order, shall be recovered from the applicant for the rescission or variation of that order as confirmed and the confirming Court may

decline to send the copy for transmission until the probable amount of such expenditure has been deposited by the applicant: Provided that any excess of an amount so deposited over the actual expenditure shall be refunded to the applicant. 14. When a Court of summary jurisdiction has under sub-section (4) of Section 7 of the Act confirmed with or without modification a provisional maintenance order made by a Court in a reciprocating territory has decided not to confirm such order, notice of such confirmation or decision as the case may be, shall be sent to the Court from which the order, issued and to the Central Government.
SCHEDULE (Referred to in Rule 4) Register of maintenance orders made by Court outside India for enforcement in India (Except the States of Jammu and Kashmir)
Name and addre ss of the perso n again st whom the order is made 4

Seri al No.

Name of the Court makin g the order

Nature of the order with particula rs as to parties

Amount recoverab le

Dat e of ord er

Date of recei pt of the order by Cour t in India

Date of Issu e of notic e or orde r

Date of recove ry of any amoun t due under the order

Date of despatch of money for remittan ce under Rule 12

10

Government of India, Ministry of Law, Notification No. S.R.O. 1618, dated the 25th July, 1955. IV. The Central Government has by notification in the official Gazette, issued under Section 3 of the Act declared the Act to apply to the following countries and territories: (i) Colony of Mauritius.

(Government of India Ministry of Law, Notification No. S.R.O. 3389, dated 6th November, 1954, published in Gazette of India of the same date). (ii) Zanzibar Protectorate. (Government of India, Ministry of Law, Notification No. S.R.O. 3425, dated 8th November 1954, published in Gazette of India dated October 2, 1954). (iii) Somaliland Protectorate. (Government of India, Ministry of Law, Notification No. S.R.O. 3425, dated 8th November, 1954, published in Gazette of India dated November 20, 1954). (iv) Colony and Protectorate of Kenya. (Government of India, Ministry of Law, Notification No. S.R.O. 818, dated 4th March, 1954, published in Gazette of India dated March 13, 1954). (v) Uganda Protectorate. (Government of India, Ministry of Law, Notification No. S.R.O. 2411, dated 16th July, 1954, published in Gazette of India dated July 24, 1954). (vi) Colony of Sevchelles. (Government of India, Ministry of Law, Notification No. S.R.O. 2 dated 21st December, 1954, published in Gazette of India dated January 1, 1955). (vii) Northern Rhodesia. (Government of India, Ministry of Law, Notification No. S.R.O. 6, dated 23rd December 1954, published in Gazette of India, dated January 1,1955). (viii) Colony of Singapore. (Government of India, Ministry of Law, Notification No. S.R.O. 1768 dated 12th August, 1955, published in Gazette of India, dated August 13, 1955). (ix) Federation of Malaya. (Government of India, Ministry of Law, Notification No. S.R.O. 1869, dated 27th August 1955, published in Gazette of India, dated September 3, 1955). (x) Nyasaland.

(Government of India, Ministry of Law, Notification No. S.R.O. 3523, dated 16th November, 1955, published in the Gazette of India, dated November 26,1955). (xi) Southern Rhodesia. (Government of India, Ministry of Law, Notification No. S.R.O. 1075 dated 8th May, 1956, published in the Gazette of India, dated May 8, 1956). (xii) Union of Burma. (Government of India, Ministry of Law, Notification No. S.R.O. 673, dated 16th March, 1956, published in the Gazette of India, dated 24th March, 1956). (xiii) Colony of Sarawak. (Government of India, Ministry of Law, Notification No. S.R.O. 1891, dated 27th August, 1956, published in the Gazette of India, Part II, Section 3, dated September 1, 1956). V. The Central Government had by orders passed under old Section 3 (before its substitution by Act XLVII of 1952) extended the Act to the following parts of His Majestys Dominions and British Protectorates besides the territories mentioned in Para IV above. (i) England and Ireland. (ii) Western Australia. (iii) New South Wales. (iv) Basutoland, the Bechuanaland Protectorate and Swaziland. (v) Victoria. (vi) Commonwealth of Australia. (vii) Union of South Africa. (viii) Colony of Ceylon.

CHAPTER 8
Ch. 8

Cases Relating to Offences

Affecting the Administration of Justice and Contempt of Court
Part A]

Part A OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

1. Only Court or public servant can file complaintUnder Section 195 of the Code of Criminal Procedure, no Court can take cognizance of the offences mentioned in that section, except on the complaint in writing of the public servants or Courts mentioned in the section. The institution of proceedings does not now depend on the discretion of a private individual as was the state of law before the amendment of this section by Act XVIII of 1923. 2. Successor of an officer before whom offence was committed can lodge complaint Section 476 and 479A [Sec. 340, 345 of new Code] are supplementary of Section 195. The Civil, Revenue or Criminal Court can take action either suo motu or on application. The power to make a complaint is conferred on the Court and not on the particular officer who presides over the Court. Consequently the successor of a Magistrate or Judge is competent to direct prosecution in respect of an offence committed before his predecessor [vide I.L.R. 4 Lahore 58 and Section 559 (Sections 48 and 35 of new Code) of the Code].
COMMENTS Mr. Malan, Sessions Judge of Jhelum, on the 21st of June 1922, directed, under Section 476, Criminal Procedure Code, the prosecution of the petitioner K. M. for an offence under Section 193 of the Penal Code. It was contended that the alleged false evidence having been given before his predecessor, Mr. Malan had no jurisdiction to direct the prosecution under section 476 of the Code of Criminal Procedure, also that the order was bad, having been passed 3 months after the conclusion of the trial by the Additional Sessions Judge. Held, that the word Court in section 476, Criminal Procedure Code, includes the successor of a Judge before whom the alleged offence was committed or to whose notice the commission of it was brought in the course of a judicial proceedings. Khan Muhammad vs. The Crown, (1923) I.L.R. IV Lah. 58. (Bahadur vs. Eradatullah Mailiok, (1910) I.L.R. 37 Cal. 642 (F. B.), In the matter of the petition of Nawal Singh, (1912) I.L.R. 34 All. 393, In re Lakshmidas Lalji, (1907) I.L.R. 32 Bom. 184, and Runga Ayyar vs. Emperor, (1905) I.L.R. 29 Mad. 331, followed.) (Crown vs. Mst. Dauli, 6 P. R. (Cr.) 1909, Begu Singh vs. Emperor, (1907) I.L.R. 34 Cal. 551 (F. B.), and Kartik Ram vs. Emperor, (1907) I.L.R. 35 Cal. 114, dissented from.)

3. Expediency and interests of justicethe main considerationThe main point which the Court has to consider in initiating proceedings under Section 476 of the Code [now Sections 340, 341 and 343 of new Code] is whether it is expedient in the interests of justice that an inquiry should be made and a complaint filed (vide, 1954 Supreme Court Reports 1144). The mere fact that there is reason to believe that an offence has been committed is not sufficient to justify a

prosecution. It is equally well settled that prosecution should not be ordered unless a prima facie case is made out and unless is a reasonable chance of conviction. It must be borne in mind in this connection that indiscriminate institution of prosecution does not promote the interests of justice as failure of such cases is apt to encourage rather than discourage the offences. Section 479 of the Code [now Section 340, 341 and 343 of new Code] gives the Court power to make a preliminary inquiry and this power should be freely used. Notice should ordinarily be given to the persons concerned and any explanation and evidence given by them should be carefully considered before ordering prosecution.
COMMENTS The only relevant consideration is whether it is expedient in the interests of justice that an enquiry should be made and a complaint filed. That involves a careful balancing of many factors. Where the lower Court has scrutinised the evidence minutely and disclosed ample material on which a judicial mind could reasonably reach the conclusion that there is a matter which requires investigation in a criminal Court and that it is expedient in the interests of justice to have it enquired into, there is no reasons for interfering with the lower Courts discretion. The Court in passing an order under Section 476 should not express any opinion on the guilt or innocence of the accused. M. S. Sheriff and another, vs. State of Madras, and others, AIR 1954 SC 397 : 1954 SCR 1144.

4. Speedy procedure for perjury etcSection 479-A [There is no parallel provision in the new Code] has been inserted by Act No. 26 of 1955 to provide a speedy procedure in cases of offences of intentionally giving false evidence in any stage of a judicial proceeding or intentionally fabricating false evidence for the purpose of being used in any stage of a judicial proceeding. When the Court is of the opinion that any person appearing before it as a witness has committed any of the offences mentioned and that for the eradication of the evils of perjury and fabrication of false evidence and for the interests of justice, it is expedient that the witness should be prosecuted for the offence, the Court should at the time of the delivery of the judgment or final order record a finding to that effect. The Court should also state the reasons for its opinion. The Court may, if it so thinks fit, after giving the witness an opportunity of being heard, make a complaint in writing over its signatures setting forth therein the evidence which, in the opinion of the Court, is false or fabricated. No appeal lies from any finding recorded or complaint made under sub-section (1) of this section. No proceedings can be taken under Sections 476 to 479 of the Code [See Section 440, 443 of new Code] against a person who can be proceeded against under Section 479-A [There is no parallel provision in the new Code]. If an appeal has been preferred against the decision arrived at in the judicial proceeding in which the matter has arisen, the hearing of the complaint shall be adjourned until such appeal is decided. The Appellate Court, after giving the person against whom a complaint has been made an opportunity of being heard, may, if it so thinks fit, direct the withdrawal of the complaint. The Appellate Court, may where the Court from whose decision the appeal has been filed has not made any complaint, exercise the powers conferred on the subordinate Court for making such a complaint. Where the Appellate Court makes such a complaint the provisions of sub-section (1) shall apply and no such order shall be made without giving the person affected thereby an opportunity of being heard. 5. Gross cases to be brought to bookThe offences of giving and fabricating false evidence are unfortunately very common in the Courts and it may not always be possible to prosecute every person who is guilty of these offences. It is, however, expedient in the interests of justice that all gross or serious cases of such offences are properly taken notice of and brought to book.

The Judges consider that the law against perjury and allied offences should be fully vindicated against all persons who are convicted and Magistrates should impose deterrent sentences when convictions are obtained. 6. Special care to be taken in recording evidence where a witness appears to be giving false evidence. Contradictory statements : and liability of being chargedWhen a witness appears to be giving false evidence and there is possibility of his being prosecuted, special care should be taken in recording the evidence in a precise and clear manner reading it over to the witness and bringing it in conformity with what he declares to be the truth. For, ambiguities in the statement often furnish loopholes for plausible explanations and result in failure of justice. It should be noted that when contradictory statements are made before different Courts and it is difficult to decide which of the two statements was false, the person making such statements can be charged in the alternative [Vide Section 236, Criminal Procedure Code [See Section 221(1) of new Code), illustration (b)]. 7. Complaint must set forth all material facts. No examination of complainantAs stated already, Courts are now required to file a regular complaint when a prosecution is ordered in respect of an offence specified in Section 195, Section 487 of the Code [now see Section 352 of new Code precludes the Court from taking cognizance of the offences itself. As in the case of a complaint by a private individual, the complaint must set forth all the material facts constituting the alleged offences. Section 200 of the Code dispenses with the examination of the presiding officer of the Court making the complaint in such cases. 8. complaint can be lodged by the Court or by appellate CourtSection 195 provides that when any offence of the kind mentioned therein is committed in or in relation to proceedings in a Court, cognizance of the offence can be taken either on the complaint of that Court or some other Court to which such Court is subordinate. It is laid down in sub-section (3) of that section that for the purposes of the Section a Court is to be deemed to be subordinate to the Court to which appeals ordinarily lie from the appealable decrees or sentences of such Court and in the cases of a Civil Court from whose decrees no appeal ordinarily lies to the principal Court of original jurisdiction. It is further provided that where appeals lie to more than one Court, the appellate Court of inferior jurisdiction is the Court to which the Court making the complaint is to be deemed to be subordinate for the purposes of the section. As a result, a Subordinate Judge from whose decrees appeals lie to the Senior Sub-Judge as well as the District Judge must be deemed to be subordinate to the former for the purposes of Section 195 (cf. I.L.R. 2 Lahore 57). Similarly a Magistrate empowered under Section 30 of the Code from [no parallel Section in new Code] from whose decisions appeals lie to the Sessions Court as well as the High Court, would be deemed to be subordinate to the Sessions Court. It may however, be pointed out that in view of the new Section 479-A [no parallel provision in new Code] the provisions of law mentioned above have ceased to be applicable to cases of perjury and fabrication of false evidence which may be proceeded against only under the new section. 9. Appeal when Court files or refuses to file a complaintSection 476-B [now see Section 341(1) of new Code] provides an appeal to the aggrieved party when the Court files or refuses to

file a complaint under Section 476 [now see Sections 340 and 343 of new Code]. Section 479-A, however, provides that there shall be no appeal from a finding recorded and complaint made under sub-section (1) of that Section and the provisions of the later Section would override the provisions of Sections 476, 476-A, 476-B [see Sections 340, 343 of new Code] 478 and 479 in cases of giving and fabricating false evidence mentioned in Section 479-A [no parallel provision in new Code]. 10. Complaint of offence committed in course of commitment proceedingsWhen an offence is discovered or is alleged or suspected to have been committed in the course of commitment proceedings the Committing Magistrate should leave the matter in the hands of the Sessions Judge or should at least refrain from taking any steps until the case is decided by the Court of Sessions. 11. Prosecution of Commissioner appointed by CourtWhen any person, who is a Commissioner, appointed by a Court under the provisions of the Code of Civil Procedure, 1908, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his functions as Commissioner, no Court shall take cognizance of such offence except with the previous sanction of the Court which appointed him as Commissioner. [Section 197-A, (of old Code) deemed to have been inserted in the Code by Punjab Act No. XXVIII of 1949].
Part B]

Part B CONTEMPTS OF COURT

1. Court can try the offence itself or send the case to another Court. Appeal from convictionContempt of Court is not defined either in the Indian Penal Code or in the Criminal Procedure Code. Section 480 of the latter Code, however, deals with certain offences under Sections 175, 178, 179, 180 and 228 of the Indian Penal Code, which are in the nature of Contempt of Court when such offences are committed in view and presence of the Court. The Court has the power to try such offences itself, but the punishment is limited to fine up to two hundred rupees or simple imprisonment in default of payment up to one month. The procedure laid down in Section 481 of the Code [Sec. 345 of new Code] should be very carefully followed. If the Court considers that the offender should receive a higher penalty, it has discretion to send the case to another Magistrate (vide Section 482). An appeal lies in every case of conviction for contempt to the Court which appeals from the decrees or orders of the convicting Court ordinarily lie. In the case of a conviction by a Court of Small Causes an appeal lies to the Sessions Court. 2. Cases tried by Magisterial Courts should be sent to District Magistrates for examinationEvery case in which a person is punished summarily for contempt of Court by an officer exercising less than full magisterial powers should be sent, on the completion of the proceedings in which the contempt occurred, to the District Magistrate for inspection. District Magistrates should carefully consider the cases thus submitted to them, and make such comments thereon as appear called for, or if necessary, report the case for the consideration of the High Court on the revision side.

3. Contempt by ignorant peopleIt must be distinctly understood that it is not intended do lay down that the power given to Courts by the Code of Criminal Procedure to punish contempts summarily is never to be resorted to. It is the duty of every Court to maintain the order and dignity of its proceedings, and some times this can only be effected by the punishment of the offender. In this connection, however, it is pointed out that a distinction may well be drawn between a disrespect committed by an ignorant villager, who hardly understands the impropriety of his conduct and disrespectful behaviour on the part of a person higher up in the scale of society. In the case of an ignorant rustic, a Court may often be content to pass over without punishment an act which would properly call for punishment if committed by a person of higher education and fuller knowledge of what is due to the dignity of a Court of Justice. 4. High Court powers in respect of Subordinate CourtsNo Court except the High Court can take cognizance of Contempts out of Court, such as for example comments in news papers on pending cases, etc. Under Section 3 of the Contempt of Courts Act, 1952 (XXXII of 1952), the High Court has and exercises the same jurisdiction, powers and authority in respect of contempts of Courts subordinate to it as it has and exercises in respect of contempts of itself. The High Court cannot however take cognizance of contempts alleged to have been committed in respect of a Court subordinate to it where such contempt is an offence punishable under the Indian Penal Code. 5. Defamations of public servantsComplaints for defamation of public servants in respect of their conduct in the discharge of public functions can also be made under Section 198-B of the Code of Criminal Procedure [see 199 of 237 and new Code] as inserted by Act No. 26 of 1955. It may, however, be pointed out that if the accusation by the public servant is found by the Court to be false and frivolous or vexatious, the public servant can be ordered by the Court to pay compensation to the accused, up to an amount of one thousand rupees. 6. Non-attendance of witnessesSection 485-A [see Section 350 of new Code] provides a summary procedure for punishing a witness for non-attendance in obedience to a summons issued for his appearance before a Criminal Court. If the Court before whom the witness was to appear is satisfied that it is expedient, in the interests of justice, to try the witness summarily, the Court may take cognizance of the offence and after giving the witness an opportunity of showing cause why he should not be punished, sentence him to fine not exceeding one hundred rupees. The Court should, so far as practicable, follow the procedure prescribed for summary trials in cases in which an appeal lies.

CHAPTER 9
Ch. 9

WitnessesCriminal Courts
Part A]

Part A EXPENSES

(a) Rules made by the Punjab Government under the powers conferred by Section 544 of the Code of Criminal Procedure, 1898, [See Section 312 of new Code] regulating the payment of subsistence and travelling allowance to witnesses attending trials etc., in Subordinate Courts.
Rules

1. Cases in which Government is to pay the ExpensesThe Criminal Courts are authorised to pay at the rates, specified below, the expenses of complainants or witnesses(1) in cases in which the prosecution is instituted or carried on by or under the orders or with the sanction of the Government, or of any Judge. Magistrate, or any other public officer, or in which it shall appear to the presiding officer to be directly in furtherance of the interests of the public service; (2) in all cases entered in column 5 of Schedule II appended to the Code of Criminal Procedure, as not bailable; (3) in all cases which are cognizable by the Police; and (4) of witnesses in all cases in which they are compelled by the Magistrate, of his own motion, to attend under Section 540 of the Code of Criminal Procedure [Sec. 311 of new Code].
COMMENTS The capacity of the accused to pay the expenses of his witnesses is not a valid ground for refusing to summon a witness except on the deposit of the diet money and process fee by an accused person. Neither Section 257 of the Cr. P.C. nor the rules framed by the Punjab High Court or the State under Section 544 of the Cr. P.C. warrant any such distinction between an accused who is in a position to meet the expenses of summoning defence witnesses and one who is unable to pay them. Jit Singh Rattan Singh v. The State, AIR 1963 Punjab 143. Magistrate requiring the accused to meet the expenses of defence witnesses should state reasons. Surinder Kumar v. State, 1982 Cr. L.J. 548.

2. Expenses of witnesses in summons casesNo payment shall be made by Government to witnesses summoned at the instance of the complainant under Section 244 of the Code of Criminal Procedure [Sec. 254 of new Code] unless the prosecution appear to the Magistrate to be in furtherance of the interests of public justice; but under this section the Magistrate may require the complainant to pay their expenses. 3. Expenses of witnesses in Session trialsThe expenses of witnesses in trials before Courts of Sessions shall like ordinary contingent expenditure be met by the Sessions Judge himself out of

his permanent advance, the expenditure on his account being recouped when necessary from the grant under the head 27Administration of JusticeG. Criminal CourtsG. 2 Others ChargesDiet and Road money to witnesses. Deputy Commissioners are disbursing officers and District and Sessions Judges are controlling officers for allotments and expenditure under this head. Under paragraph 12.5 of the Punjab Budget Manual, allotments for all heads including Diet and Road money to witness under the minor head Criminal Courts are placed at the disposal of District and Sessions Judges and they are at liberty to retain whatever amount they consider necessary at their own disposal, and to allot the balance to disbursing officers for expenditure. In cases tried by Additional Sessions Judges, payment to witnesses should be made by Additional Sessions Judge concerned himself (a) out of his own permanent advance, if he is an ex-officio Additional Sessions Judge. (b) otherwise, out of an advance, placed at his disposal by the Sessions Judge of the District from his own permanent advance. (a) will result in expenditure on account of one district being debited to the allotment of another district, but will be in accordance with the spirit of the rule laid down in Rule 8.23 of the Punjab Financial Rules, Volume I, which requires that expenditure incurred by an officer on behalf of another officer of the same department should be treated as an expenditure of his own office. (i) Rates of subsistence allowance, that is, allowance for each days necessary absence from residence and attendance at Courts. Class Rate per diem (a) For ordinary labouring classes Rs. 1.75 (b) For witnesses of somewhat higher standard. Rs. 1.75 (c) For witnesses not included in (a) and (b) above Rs. 1.75 (d) For Municipal Commissioners, Income-tax payers and other respectable persons. Rs. 2.00 (e) For other persons of higher standard. Rs. 3.00 (f) Special rates for witnesses not coming within the scope of the above mentioned classes. Rs. 4.00 (ii) Add the following as Note under (i): Note 1These rates have been sanctioned by the Punjab Government in their letter No. 7549JJ-50/3664, dated the 1st August, 1950, and Endt. No. 15679-4J-60/1232, dated the 19th January,

1961, and apply only to Criminal Courts in the Punjab. The rates sanctioned by the Delhi Administration for Criminal Courts at Delhi are different and have not been incorporated in this Chapter as they are revised almost every year. Note 2A technical witness, such as a draftsman who appears to give evidence in a criminal case and is required by the Court to prepare a site plan etc., may be allowed a separate fee for this purpose. The fee for preparing a plan should be commensurate with the work done and should not ordinarily exceed Rs. 50/- including the cost of tracing cloth etc. If, for any special reason, it is considered necessary to pay more than Rs. 50/- for the preparation of a plan, the sanction of the High Court should be obtained. The Court in which a complainant or witness appears shall determine the class under which the complainant or witness shall be ranked. It has come to the notice of the Honorable Judges that Courts have been progressively over generous in classifying witnesses in the special class and in the assessment of what a witness is entitled to receive as expenses. The necessity of a more careful scrutiny in these matters should be impressed upon all Courts. (ii) Travelling rates. When the journey is made by rail, for classes (a), (b) and (c) third class fare. For classes (d) and (e) second or their class fare at the discretion of the Court: Provided that second class fare shall not be allowed unless the Court is convinced that the witness is actually in the habit of travelling by that class. For class (f) the fare actually paid. NoteRetired Military Officers who were commissioned, gazetted or in pay as officer at the time of retirement shall be included in class (f) and those who retired as Junior Commissioned Officers or warrant officers shall be included in class (d). When the journey is made otherwise than by rail, the necessary and actual expenses of carriage may be paid at the discretion of the Court; provided that the expenses incurred do not exceed six annas a mile and where a witness travels by a private motor car he may also be paid travelling expenses up to six annas a mile; provided that the journey could not, with reference to the age, position and habits of life of the person have been made on foot. In assessing the amount of actual expenses, Courts should bear in mind that the fares charged by motor buses do not generally exceed one anna per mile. To persons in classes (d), (e) and (f) a further sum may be allowed to cover the cost of carriage hire to and from the Court on the days of attendance at Court. (iii) Fees for searching for and copying documents required for production in criminal cases shall be allowed to witnesses according to the following scale :

Search Fees (a) For documents not easily accessible. For documents easily traced such as cheques. Rs. 5 per document.

(b)

Rs. 2 per document when the documents do not exceed two in number and Rs. 1 for each such document beyond that number.

Copying Fees (c) For copying documents other than entries in Account Books. For certified copies of entries in Account Books. At Court rates.

(d)

Rs. 5 per ledger folio or part of ledger folio where the number of such folios does not exceed four and Rs. 2.50 per ledger folio or part thereof after the first four folios.

Note 1Expenses of minors attendantWhen a minor of tender age is required to attend Court as a witness and such a witness cannot safely travel alone, the attendant who accompanies the minor may also be paid expenses at the ordinary rates prescribed for witnesses. Note 2Discretion of CourtsThese rules intentionally allow the Criminal Courts a discretion as to the payment of witnesses. The circumstances of cases differ, and there are many Criminal Proceedings in which the prosecution is not called for on public grounds. It is not in every case that the State has undertaken, and is bound to provide the cost of the prosecution. In many instances, moreover, witnesses live at such a short distance from the Court that their being summoned to give evidence cannot be considered to entitle them to remuneration. At the same time, doubtful cases should be interpreted liberally, and in no case should it happen that complainants and witnesses who have been put to trouble and inconvenience in the prosecution of offenders, should be denied their legitimate expenses. Note 3Payment should be made personally by the Court and without delayIt is the duty of the Magistrate to ascertain in each case how far the witness has to travel to and from the Court and how many days it takes the witness to travel to the Court to give evidence and to return to his home. Every endeavour should be made to avoid delay in payment of the expenses of witnesses. As soon as the evidence of the prosecution witnesses in cases launched by the State has been recorded the Magistrate should have the memorandum of costs of witnesses made out and forwarded to the Nazir from whom he should receive and personally disburse the amount to the witnesses before leaving the Court. Note 4Expenses of Government servantsAccording to Rule 2.80 of the Travelling Allowance Rules framed by the Punjab Government an officer of the Government who is summoned to give evidence of facts which have come to his knowledge or of matters with which he has had to deal in his public capacity in a criminal case (including a case before a Court-martial) is entitled to draw travelling allowance from Government. Accordingly the Courts should not grant to

Government officers, except in the two cases mentioned below, fees or expenses which may have been deposited in such cases for their travelling and halting or subsistence allowances. The amounts should be credited to Government under the head XXIAdministration of Justice Miscellaneous Fees and Fines. In the case of employees of the Central Government sums on account of road and diet money will be deposited into the Treasury to the credit of department concerned in the receipt Schedule of Central Departments. In the case of Railway Employees the amount is creditable to the accounts of Railway concerned under the head adjusting account with Railways in the States Section of the Accounts. ExceptionWhen a Government servant is summoned to give evidence at a Court situate not more than 5 miles from his headquarters or to give evidence of facts which came to his knowledge in his private capacity and is, therefore, not entitled to any travelling allowance under the ordinary rules from Government the Court may, if it considers necessary, pay him the actual travelling expenses incurred. The practice, prevailing in some districts of requiring the parties to pay the subsistence allowance of a Government servant at the rate of pay of official concerned, is illegal. A Government servant is entitled only to his subsistence allowance at the rates prescribed above for other witnesses. Court certificateIn all cases in which an officer of Government is summoned to give evidence the Court should give him a certificate in the prescribed form (A) specifying the dates on which the officer was required to attend and the amount, if any, paid by the Court. The certificate will be attached by the officer concerned to pay travelling allowance bill which he may submit under the rules quoted above.
FORM A Form of certificate to be given by the Court to an officer of Government summoned to give evidence at a Court

In the Court of the ........ in the ............ District.

1. Certified that....... was summoned to give evidence in this Court in his capacity in the case of........... and was required to attend for a period of....... days that is, from the .........to the ....... 19 ...
1 2

2. He was paid the following amounts in accordance with the rules of the Court:

3. The amount of ...... as his diet-money

deposited in the local

on date ........

Note 5Expenses of persons subject to Military Travelling Allowance rulesIndividuals subject to the military travelling allowance rules when they are detailed or summoned either as witnesses or accused, to attend a Civil Court in criminal case, are entitled to payment of travelling expenses by the Court only when they are not entitled to free conveyance at the expense of the Army under paragraph 201-II of Passage Regulation, India which is reproduced as under : Paragraph 201-IIWitnesses attending Civil CourtsAn individual detailed or summoned either as a witness or as an accused to attend a Civil Court in a criminal case involving the interests of the State, provided that in the case of a witness the facts as to which he is to give evidence have come to his knowledge in the discharge of his public duties, will be entitled to free conveyance. When such conveyance is provided, a witness may not accept any payment on account of travelling or subsistence allowance from the Court. Any fees which may be deposited in the Court for the travelling and subsistence allowance of the witness must be credited to Government. If the Court in which he gives evidence is situated within 5 miles (or 10 miles in the case of a mounted officer) of his headquarters and no travelling allowance, is, therefore, admissible for the journey, he may, if he be not in receipt of permanent travelling allowance, accept such payment of actual travelling expenses as the Court may make. Note(1) An individual summoned to give evidence while on leave is entitled to the concessions described in this Rule. (2) When a witness attends a Civil Court in his private capacity, he is only entitled to such travelling subsistence allowances as are admissible in accordance with the rules of the Court. If the Court pays him any sum as subsistence allowance or compensation, apart from travelling expenses, he must credit that sum Government before drawing full pay for the day or days of absence. An individual ordinarily eligible to travel on warrant will be entitled to receive advance of travelling expenses for both the forward and the return journeys which will be refunded as soon as such charges are paid to him by the Court. Note 6Expenses of a Civil SurgeonUnder the orders of Government, the attendance of the Civil Surgeon at the Criminal Courts of the station for the purpose of giving evidence, is one of his ordinary official duties, and he is not entitled to claim, nor are the Courts authorised to grant a fee, for this duty. When a Civil Surgeon is required to proceed more than five miles beyond the limits of his station, he is entitled to travelling allowance under the ordinary rules relating to such allowances. Note 7Fees for medico-legal workFees for medico-legal work not falling within the ordinary duties of medical officer, not being a Civil Surgeon or an office in medical charge of a civil station shall be rupees sixteen for conducting a post mortem examination and rupees ten for conducting a medico-legal examination other than a post mortem examination, in cases not falling within the ordinary discharge of his duties, whether or not he is required to give evidence in a Court of Justice in connection with such examination. It is, however, to be distinctly understood that, when such an officer is required, under these circumstances to give evidence in

a Court of Justice he shall not be entitled to any remuneration in addition to the fee above sanctioned other than the usual expenses paid to a witness. This Rule applies only to officers of commissioned rank. A fee of rupees four will be paid to a medical subordinate for conducting such examinations when they do not fall within the ordinary scope of his duties. It is however, to be understood that medical subordinates lent by the Government to Municipalities or Dispensary Committees will be required to perform these examinations as a part of their regular duties without further remuneration. [Government of India, Resolution No. 3050, dated the 11th August, 1882, and letter No. 90 (Home Department), dated the 21st February, 1884]. Note 8Expenses of Civil Assistant Surgeons and Hospital AssistantsCivil Surgeons, Assistant Surgeons and Hospital Assistants should, when summoned to attend a Court in their official capacity, be paid the actual expenses incurred by them on account of carriage hire, when their attendance in Court entails such expenditure. Actual travelling expenses should be paid to an officer who travels in his own car to appear as witness in a Court. Note 9The Punjab Government have entered into a reciprocal arrangement with the Himachal Pradesh Government in regard to the payment of the expenses of Government servants summoned by Criminal Courts in Punjab and Himachal Pradesh to give evidence in their official capacity on the following terms and conditions : (i) In criminal cases to which State or the Union is a party, a Government servant giving evidence regarding facts of which he has official knowledge will, on production of the certificate of attendance issued by the summoning Court, be paid travelling allowance by the Government under whom he is serving. (ii) In criminal cases to which State is not a party, a Government servant giving evidence regarding facts of which he has official knowledge will be paid travelling allowance by the summoning Court according to the rules under which he draws his travelling allowance for a journey on tour, and the charges will be borne by the Chief Commissioner, Himachal Pradesh or the Government of the Punjab according as the Court is situated in Himachal Pradesh or in the State of the Punjab. (iii) When a Government servant serving in a Commercial Department or when any other officer is summoned to give evidence as a technical or expert witness the pay of the Government servant concerned for the period of his absence from his headquarters and travelling allowance and other expenses due to him will first be borne by the Government under whom he is serving and will subsequently be recovered from the Government in whose jurisdiction the Court in which he is summoned to give evidence is situated. Note 10Rules for payment of fees to expert witnesses summoned in Criminal Court. I. When any Court has to form an opinion upon a point of foreign law or of science or art or upon the identity of handwriting or finger impressions, a person who is called to give an opinion in view of his special skill in such foreign law, science or art or in questions of identity of handwriting or finger impressions, is an expert witness and his evidence is expert evidence.

ExplanationThe question whether evidence is expert or not must be judged by the purpose for which the witness is called and the nature of the facts to which the witness testifies in examination in chief. Evidence is not to be classed as expert merely on the strength of crossexamination. If the witness is called primarily to testify to facts observed by him in his ordinary or in his professional capacity, his evidence is ordinary evidence. If however, he is called primarily to give an opinion based on his special knowledge or skill but not on any previous acquaintance with the facts of the particular case which is before the Court, his evidence is expert evidence. Examples(i) A doctor who is called on account of his special knowledge to give an opinion on the question whether a particular person is physically capable of doing an act which is attributed to him gives expert evidence. If he is called to describe injuries which he has himself seen or to attest a certificate of injuries which he has supplied, his evidence is his examination he uses technical terms in describing the injuries or if he is asked to give an opinion regarding the effect of the injuries on the constitution of the injured person. (ii) A goldsmith who was called on account of his technical knowledge to advise the Court where a particular ornament was made would be giving expert evidence, if the opinion was one which could be given by a goldsmith; but it would not be expert knowledge if he was merely identifying an ornament made by himself. (iii) A small arms expert called from a Government arsenal to state whether the marks on a bullet could be caused by the rifling of a particular kind of rifle or revolver or whether a shot could travel a particular distance gives expert evidence. II. Subject to the provisions of Rules III to V below expert witnesses who happen to be Government servants are bound by the ordinary rules relating to payment of travelling allowance and subsistence allowance to Government servants called as witnesses. These rules are contained in Travelling Allowance Rules 2.80 to 2.81. III. In any case in which it is absolutely necessary to summon either the Chemical Examiner or his Assistant to give evidence in Court, the following fees shall be paid:
For Each Appearance in Court At station of posting Rs. Chemical Examiner .... 16.00 Rs. 100 with first class railway fare and all travelling expenses. Rs. 50 with second class railway fare and all travelling expenses. Outside station of posting

Assistant Chemical Examiner

10.00

In case in which the above fees are payable to the Chemical Examiner or his Assistant by Government, no payment shall be made. He will draw travelling allowance at the usual rates

admissible under the travelling allowance Rule. In other cases in which travelling allowance is admissible under the Travelling Allowance Rules and fees are payable by private persons, such fees should be credited to Government. IV. The following scale of fees has been prescribed for medical men of different classes summoned as expert witnesses :

For giving evidence in a criminal case in a station where he resides Rs. 1. Civil Surgeon or other medical officer of equivalent standing 2. Assistant Surgeon 16 to 50

For giving evidence in a station other than the one in which he ordinarily resides

Rs. 16 to Rs. 90 per diem plus travelling allowance at tour rates Rs. 10 to Rs. 25 per diem plus travelling allowance at tour rates Rs. 4 to Rs. 10 per diem plus travelling allowance at tour rates Rs. 16 to 100 per diem provided that sanction of the High Court is obtained to any fee over Rs. 32 per diem plus actual travelling allowance.

10 to 25

3. Sub-Assistant Surgeon

4 to 10

4. Private Medical practitioners

16 to 32

(1) If a Government medical officer is summoned by the Court at the instance of the State, he should be treated as being on duty and he should be allowed to draw his travelling and daily allowance under the Punjab Travelling Allowance Rules, if the Court is situated away from his headquarters ; if the Court is situated at his headquarters, he should not be paid anything. (2) If such an officer is summoned by the Court at the instance of a private person or party, such attendance in the Court should be regarded as private practice of the nature of expert evidence and should be regulated as follows : (i) The Officer may accept the fee within the limit prescribed above with the sanction of the Court concerned. If, however, in any individual cases it is considered necessary by the Court that a fee in excess of the prescribed limit should be allowed, this should be done with the specific sanction of Government in each case, which should be obtained through the Head of the Department in which the officer, is serving. (ii) The apportionment of the fees realized from private persons or parties between Government and the medical officer would be in the ratio of 50 : 50 but for accounting purpose it would be, in

the first instance, necessary that the full amount realized should be credited to Government, the share of the officer being thereafter drawn from the Treasury on a refund bill. (iii) The officers travelling and subsistence allowance should be paid by the private person or party at whose instance he may have been summoned. V. In the case of certain other particular experts special fees have been fixed as follows:
For giving evidence For giving evidence in a station other than in a criminal case in the one in which he ordinarily resides a station where he resides 1. Government, examiner of Questioned Documents. 2. Officials of the Finger Bureau. 3. Non-official handwriting experts. ........... See Annexure

No fees

No fees.

Rs. 16 to 32

Rs. 16 to Rs. 100 per diem provided that the sanction of the High Court is obtainable to any payment at rates exceeding Rs. 32 per diem plus actual travelling expenses.

4. Registered Rs. 50 to 150, Accountants as according to the defined in Rule 12 of professional standing the Auditors of the witness, for Certificate Rules, each day spent in 1932. attendance

Rs. 50 to Rs. 150 according to the professional standing of the witness for the day of evidence provided that the sanction of the High Court shall be necessary to the payment of any fees over Rs. 75. He will further be entitled to actual travelling expense, as also to an amount of Rs. 25 to Rs. 75 per diem for travelling on a working day other than the day of evidence.

NoteThe Auditors Certificate Rules, 1932, are published at page 299 of the Gazette of India, Part I, dated the 20th March, 1932. VI. In order that payments may be easily checked in audit a clear distinction should be drawn between amounts paid as subsistence allowance and amounts paid as travelling allowance.

ANNEXURE

(Referred to in Rule V. Note 10) Rules Regulating Applications for, and payment of the Service of the Government Examiner of Questioned Documents.

1. Applications should be sent direct to the Government Examiner of Questioned Documents, Intelligence Bureau, Ministry of Home Affairs, Dormers, Simla-1. 2. (i) Applications received direct from private individuals will not be entertained. (ii) Applications received from Police Officers below the rank of Superintendent of Police will not be entertained. 3. Acceptable applications fall into two classes: A. Official applications from (i) State Governments (including Part C States), and offices subordinate to them; (ii) Presiding officers of Criminal Courts (including Sessions Courts); High Court; Courts Martial, etc; (iii) Ministries of Government of India and their attached and subordinate Offices; (iv) Railway administrations under the Ministry of Railway (Railway Board). B. Other applications. These include (i) Cases from private parties in civil suits in Indian Union Courts. These will be accepted only on the requisition of the Court in which the case is being heard. The party concerned must move the Court and it will rest with the Court to take the further step necessary to obtain the services of the Government Examiner of Questioned Documents. Explanation: Reference made by a Court suo motu in civil cases in which the State is not a party will be deemed to be cases from private parties for the purposes of these rules. (ii) Cases from Municipal Corporations, District Boards, Municipalities, and other local bodies and from Universities, Railway Administrations (not under the Ministry of Railways of the Government of India) from autonomous corporation and quasi-Government Bodies, e.g., D.V.C., D.T.S., etc, with Indian Union. Applications from recognized universities will be received direct. Applications from Railway Administrations (not under the Ministry of Railways, Government of India) should be submitted through the Agent of the Railway concerned. Applications from municipal corporations will be received direct but from other local bodies will be accepted only if received through the local

District Magistrate who should satisfy himself, before forwarding the application, that it is desirable that the Government Examiner of Questioned Documents should be consulted. (iii) Complaint cases, revenue cases, Tenancy Act cases, and other miscellaneous Act cases from Indian Union Courts. These cases will be accepted only if forwarded by presiding officers of Courts. 4. Applications falling under classes A and B will ordinarily be accepted but may be refused at the discretion of the Government Examiner of Questioned Documents if they cannot be undertaken without detriment to his other work. 5. An inclusive fee will be charged in each case in which an opinion is given and will normally cover the opinion, the cost of photographs and the giving of evidence (limited in class B cases to one day). The inclusive fee for class A cases (see Rule 3) will be Rs. 220 and for class B cases Rs. 250. (This fee does not cover travelling allowance which is governed by Rule 15 below). Where one Class A case is split up in Court into several cases, a fee of Rs. 150 (one hundred and fifty) will be charged for each split up cases. Similarly, where one Class B case is split up in Court into several cases, the fee will be Rs. 200 (two hundred) for each split up case. 6. Subject to the exception stated at the end of this rule, the fee is payable in advance in all cases and each application should be accompanied by a certificate in the following form Certified that sum of rupees two hundred and twenty (Rs. 220)/two hundred and fifty (Rs. 250) has been deposited in the. . . . . . . Treasury on....... on account of the Government Examiner of Questioned Documents fee in case/suit No. . . . . . and that this amount has been shown under Head: XXIIIPolice-Central-fees, fines and forfeitures, in the Cash Account of Central Subject for the month of . . . . . . . . and appears at item No. . . . . . . in the relevant Receipt Schedule. Countersigned. Signature of Treasury Officer Signature of officer submitting the case. In special circumstances, which should be stated in application, class A cases will be accepted without this certificate, but the certificate should be forwarded as soon as possible. 7. In cases where the cost of photographs is exceptionally heavy, the fee will be Rs. 180 plus actual cost of the photographs in class A cases and in class B cases, Rs. 200 plus the actual cost of the photographs. In class B cases the authority submitting the case will be informed of the extra cost involved before it is incurred and will be required to certify that it has been deposited before the Government Examiner of Questioned Documents proceeds with the case.

8. (A) No fees are chargeable by the Government Examiner of Questioned Documents for the cases investigated by the Special Police Establishment and also for cases arising in (i) the main Ministries of the Central Government (ii) their attached offices, and (iii) Union Territories namelyDelhi, Himachal Pradesh, Tripura, Manipur, Andaman and Nicobar Islands and Laccadive, Minicoy and Amindivi Islands. (B) Fees are, however, chargeable in all other cases. 9. (i) In cases in which no opinion is given but photographs are taken, only the actual cost of the photographs will be charged, subject to a minimum of Rs. 35. (ii) In cases in which examination has been completed but no opinion could be expressed, a consolidated fee of Rs. 100 will be charged. 10. No reduction in the fee will be allowed if evidence is not required or is taken on commission. 11. (i) In class B cases an additional fee of Rs. 200 will be charged for each day after the first day on which evidence is given, whether in Court or on commission, or on which the officer is detained. The Presiding Officer or the Commissioner will be requested to certify, before the second and each subsequent days work is begun that the fee for that day and also for any intervening day or days of detention has been deposited, and subsequently to furnish a certificate in Rule 6 above. (ii) A fee of Rs. 250 will be charged in class B cases even for the first days evidence if evidence is taken upon an opinion expressed on the same documents when they formed part of a criminal case. 12. In cases falling under class B, the Government Examiner or his Assistant will be prepared to attend Courts provided that he can do so without detriment to his other work. When evidence is taken on commission, the commission should be issued to the Senior Sub-Judge, Simla, and normally should be so worded that either the Government Examiner or his Assistant can give evidence. 13. Presiding Officers of Courts are requested to detain the Government Examiner of Questioned Documents or his Assistant for the least possible time compatible with the requirements of the case. They are also requested to accept, so far as possible, the time and latter frequently have to attend several Courts in the course of one tour. 14. The Government of India in the Ministry of Home Affairs reserve the right to impose an extra charge in any case in which they consider that the usual fee is incommensurate with the time and labour spent on the case.

15. When the Government Examiner of Questioned Documents or his Assistant is required to travel in order to given evidence or for any other purpose the authority or party employing his services will be required to pay travelling allowance at the rates laid down in the Supplementary Rules of the Government of India for journeys on tour. Travelling allowances will also be payable for the class IV servant accompanying the officer at the rates fixed for Government of India, class IV servants. These payments will be adjusted as directed in the Home Department (now Ministry of Home Affairs) Letter No. 128/VII/27-Police, dated the 12th January, 1928 (see Appendix). In class B cases the Presiding Officer of the Court concerned will be required to certify that the cost of travelling allowance has been deposited before the Government Examiner of Questioned Documents or his Assistant undertakes the journey.
APPENDIX Procedure for the payment and audit of travelling allowances drawn by the Government Examiner of Questioned Documents or his Assistant during tours (vide Home Department Letter No. F-128/VII-27 Police, dated the 12th January 1928.)

1. (1) The Examiner or his Assistant should submit his travelling allowance bills to the Accountant-General Central Revenues, for audit and payment. (2) As soon as a journey is completed, that is, in respect of any complete journey from headquarters. To headquarters, the Examiner or his Assistant should send a statement to the Accountant-General Central Revenues, showing the total amount of travelling allowance claimed or drawn and the distribution of the entire amount among various Courts for recovery. (3) In cases where several Courts are attended, the cost should be distributed between them in proportion to the distance by rail from headquarters. (4) As the travelling allowance is debitable to the various local Governments or the parties concerned, the recoveries should be treated as follows : (i) recoveries from the various State Governments should be taken in reduction of expenditure, provided they are effected within the Accounts of the same year; if not, they should be shown as receipt; and (ii) recoveries from parties such as local boards, local bodies and private persons should be taken as receipts under the Head XXIII-Police-Central-Fees, fines and forfeitures. 2. The principles laid down above apply to the payment and audit of the travelling allowance of the person accompanying the Examiner or his Assistant. 3. If after the Examiner or his Assistant has actually commenced a tour; intimation is received from a Court included in the tour to the effect that his evidence would not be required on the date originally fixed, the Court shall pay the difference between the total expenditure actually incurred on the tour and the expenditure that would have been incurred if attendance in that

Court had not been included in the tour. This shall be specifically made clear when the bill is sent to the Court for acceptance. 4. The Examiner and his Assistant shall observe the provisions of Supplementary Rule 30 when they frame their programme for tour.
Rules

(b) Rules made by the Punjab Government, under the power conferred by Section 544 of the Code of Criminal Procedure, regulating the payment of subsistence and travelling allowance to complainants and witnesses attending trials before the High Court, in the exercise of its original criminal jurisdiction. 1. Disbursing OfficerAll disbursements on account of the expenses of complainants and witnesses attending criminal trials before the High Court, will be made by the Committing Magistrate, and will be adjusted by him. The Committing Magistrate will determine the class to which each complainant and witness belongs. In the case of a Cantonment Magistrate committing a case for trial by the High Court, the disbursement of expenses and the payment of advances should be made by the District Magistrate of the district. 2. Travelling by road not allowedExcept for any special reason in any particular case, complainants and witnesses travelling at the public expense will not be allowed to travel by road and charge accordingly, when the journey can be accomplished more cheaply and expeditiously by rail. 3. Committing Magistrate to despatch witnesses to High CourtThe Committing Magistrate, when despatching complaints and witnesses to the High Court will instruct them to report themselves to the Registrar of the Court, on their arrival at Chandigarh, and will at the same time report to that officer (a) the name of each complainant and witness ; (b) the class to which he belongs ; (c) the date of his departure to attend at the High Court ; (d) whether any, and, if so, what advances have been made to such complainant or witness to enable him to reach Chandigarh. 4. Registrar to inform Committing Magistrate departure of witnessesWhen the trial in which the complainant/witnesses have appeared in the High Court is concluded. The Registrar of that Court will intimate to the Committing Magistrate the date of the arrival of the complainants,

witnesses at Chandigarh and the date on which it was possible for them to quit the station. The subsistence allowance at Chandigarh will cease as soon after the conclusion of the trial as the means of quitting the station become available. 5. Payment in advanceThe Committing Magistrate may make reasonable advances to complainants and witnesses to enable them to reach Chandigarh; and, when necessary, the Registrar of the High Court will make advances to them at Chandigarh to enable them to return to their homes. Care should be taken in making these advances that a larger sum is not paid to any complainant or witness than he is entitled to receive under these rules, and before making advances to witnesses for the defence, the Committing Magistrate should satisfy himself that such witnesses are material. 6. Recovery of advances made by RegistrarAdvances made by the Registrar of the High Court under the proceeding rule will be recovered at once from the Committing Magistrate, who will include the amount of such advances in his bill. 7. Submission of bill by Committing MagistrateWhen all the expenses to which complainants and witnesses are entitled under these rules have been paid, the Committing Magistrate will submit a bill for the same, supported by the necessary vouchers, to the Registrar of the High Court for countersignature. The Registrars countersignature will be sufficient authority to support such charges in the Public Accounts. 8. Application of rules to trials held elsewhereThese Rules apply mutatis mutandis in case of trials held by the High Court elsewhere than at Chandigarh. 9. Expenses of witnesses in other casesIn the event of a witness being summoned to attend the High Court in a criminal case, other than a trial before the High Court in exercise of its original criminal jurisdiction, the expenses of such witness will be paid by the Registrar or District Magistrate at such rates as the Court may direct. Notes(1) Fees of Superintendent, Mental HospitalThe Superintendent of the Mental Hospital, being the Government specialist in lunacy, is not entitled to any fee for giving expert evidence on behalf of Government in High Court. (2) Fees of Chemical ExaminerThe Chemical Examiner or the Assistant Chemical Examiner when summoned to give evidence before the High Court shall be entitle to recover the following fee for each appearance : Rs. Chemical Examiner 16 Assistant Chemical Examiner 10 (3) As charges under Rule 7 are debitable to audit contingencies, vouchers for sum above Rs. 25 should accompany the bill sent to the Accountant-General, for audit.

(Punjab Government, Home/Judicial Department Notification No. 5034-J-56/8467, dated the 13th November, 1956).
Part B]

Part B INSTRUCTIONS FOR THE GUIDANCE OF THE NAZARAT AND PRESIDING OFFICERS IN ORDER TO CHECK FRAUD AND EMBEZZLEMENT WITH RESPECT TO THE DISTRIBUTION OF DIET AND ROAD MONEY OF WITNESSES

Instructions for prevention of frauds etc, in expenses of diet money and road moneyThe following instructions have been issued by the Punjab Government for the guidance of the Nazarat officers and the Presiding officers of the Courts with a view to the prevention of frauds and embezzlements in the expenses of diet and road money of witness: (1) Specimen signatures to be keptThe Nazarat officer should be provided with specimen signatures of all Presiding officers for whose Courts he has at any time to pay bills for diet money of witnesses, etc. (2) Comparison of specimen signaturesThe Nazarat officer will be expected to satisfy himself that the signatures on the bills placed before him conform to the specimen signatures received by him. Should any loss be occasioned by the neglect of this rule, the Nazarat officer will be held responsible. (3) Responsibility of Nazir, Menials or peons not to make paymentsAt the same time the Nazir should be informed that he is responsible for all money transactions entrusted to his charge, and that if the Naib-Nazir or any other of his assistants is utilised for disbursement work, the Nazir will remain responsible for supervising them and their work. On no account should a Chaprasi or a menial be employed for the payment of any Government moneys. (4) Criminal Register XVIIIShowing the amount of diet and road money of witnesses for which memoranda have been issued should be maintained in each Magistrates Court and comparison should be regularly, though not necessarily daily, made with the Nazarat Register by the Presiding officer, who should initial in the column provided for the purpose in token of his having made the comparison. Outlying CourtsThis register should also be maintained in the Courts of Sessions Judges, who should compare it with the register of contingent expenditure at least once a week and put their initials in column 10 in token of their having done so. The diet money and travelling expenses of witnesses examined before a Court of Sessions should be paid in the presence of the Sessions Judge. The following instructions are laid down in regard to checking of entries in the register maintained by outlying Courts: (a) When the outlying Court (or if there is more than one Court, the naib-nazir appointed at the place) holds an advance from the district nazir.

In case there is only one Court, no comparison of the entries in the register of road and diet money paid to witnesses is necessary. If there are several Courts, it is presumed that the payments are made by the naib-nazir under the supervision of one presiding officer as is the case at district headquarters. In that case the entries to the register of road and diet money paid to witnesses should be compared with those in the contingent register maintained by the naib-nazir. No further comparison with the district nazir contingent register is necessary. (b) When the outlying Court holds no advance. The payment are made by the district nazir on receipt of the written orders of payment direct from such outlying Courts. In such cases, comparison with the entries in the contingent register of the district nazir is necessary and may be effected by the issue of fortnightly memoranda by the outlying Courts to the Nazarat officer. (5) Security from officialsSteps should be taken to see that security is actually taken in all cases where the rules lay down that an official should furnish it. (6) Nazirs should not keep money deposits. Inspection by Deputy CommissionersThe Nazir should not be allowed to keep in his possession any sum received by him in the form of a deposit, but such money should be deposited in the Treasury without delay. It is hoped that Deputy Commissioners will make occasional inspections of the Nazirs accounts and satisfy themselves that these and other instructions relating to the Nazarat are being properly observed.
Part C]

Part C COMMISSIONS

1. All Magistrates can now issue commissions for examination of witnessesThe provision of the Code with regard to issue of Commissions in criminal cases have undergone important changes during the last few years. Now any Magistrate can issue a commission for the examination of a witness under the circumstances mentioned in sub-section (1) of Section 503 of the Code [See Section 284 (1) of new Code]. as substituted by Act 1 of 1951 and then amended by Act No. 26 of 1955. It is not now necessary that an application should be made for the purpose of the District Magistrate. President, Governors etc, to be always examined on commissionWhere the examination of the President or the Vice-President or the Government of a State as a witness is necessary for the ends of justice, a commission shall be issued for the examination of such a witness. (Proviso to Section 503 [See Section 284 (1) of new Code]. 2. Commissions within IndiaIf the witness is within the territories to which the Code extends, the Commission shall be directed to the District Magistrate or the Chief Presidency Magistrate within the local limits of whose jurisdiction the witness is to be found. Section 504 (1) [See Section 285 of new Code].

The Code of Criminal Procedure now extends to the whole of India except the State of Jammu and Kashmir and Manipur [Section 1 (2)]. In this connection also see the definition of India in Section 4 (1) (j). 3. Arrangements with Jammu and Kashmir State(1) If this Code does not extend, the commission shall be directed to such Court or officer, as the Central Government may, by notification in the official Gazette, specify in this behalf. Section 504 (2) [See Section 285 of new Code]. (1) The Central Government has issued the following notification under sub-section (2) of Section 504 of the Code [See Section 285 of new Code].
New Delhi, the 13th May, 1952

S.R.O. 847In pursuance of sub-section (2) of Section 504 of the Code of Criminal Procedure, 1898), [See Section 285 of new Code] (V of 1898), and in supersession of the notification of the Government of India, in the Ministry of Home Affairs No. 4/8/48-Judicial dated the 9th May, 1950, the Central Government hereby specifies the following Courts in the State of Jammu and Kashmir to which the said Code does not extend, as Courts to which commission or examination of witnesses residing within the local limits of their respective jurisdiction, may be directed, namely: 1. The Court of the District Magistrate, Srinagar. 2. The Court of the District Magistrate, Jammu. 3. The Court of the District Magistrate, Baramulla. 4. The Court of the District Magistrate, Anantnag. 5. The Court of the District Magistrate, Doda. 6. The Court of the District Magistrate, Udhampur. 7. The Court of the District Magistrate, Kathua. 8. The Court of the District Magistrate, Poonch. 9. The Court of the District Magistrate, Ladakh. (Published in the Gazette of India, Part II, Section 3, dated the 17th May, 1952, (No. 67/51Judl.) 4. Arrangements with Foreign Countries(1) If the witness is in a country or place outside India and arrangements are made by the Central Government with the Government of such country or place for taking evidence of witnesses in Criminal matters, a commission for the

purpose can be issued by the Courts in India, in such form and to such Court or authority and through such channels as may be specified by the Central Government in a notification in the Official Gazette. [Section 504 (3)] [See Section 285 of new Code]. (2) Any Court, Judge or Magistrate exercising jurisdiction in a country or place outside India and having authority under the law in that country or place to issue commissions for examination of witnesses in criminal matters may issue such a commission for the examination of witnesses in India if such Court, Judge or Magistrate is specified in this behalf by the Central Government in a notification in the Official Gazette. The provisions of Section 505 to Section 507 of the Code [See Sections 286 to 288 of new Code] relating to execution and return of commission shall apply as if these commissions had been issued by a Criminal Court in India. (Section 508-A of the Code). [See Section 289 of new Code]. 3. NotificationThe Central Government has issued the following notifications specifying the Court to which commissions for the examination of witnesses residing in the Union of Burma, United Kingdom, Australia, Canada, Ceylon and Pakistan may be issued under the Code of Criminal Procedure. I. Government of India, Ministry of Home Affairs Notification No. 4/8/48- Judicial, dated the 25th January, 1950 : In pursuance of sub-section (2B) of Section 503 of the Code of Criminal Procedure, 1898, (V of 1898) [See Section 284(1) of new Code] the Central Government is pleased to specify the following Courts having authority in the Union of Burma, to whom commissions for examination of witnesses residing in the Union of Burma may be issued under the said Code, namely, The Court of any District Magistrate or a Magistrate of the first class within the local limits of whose jurisdiction in the Union of Burma the witness resides. II. Government of India, Ministry of Home Affairs Notification No. 4/8/48-Judicial, dated the 8th April, 1950: In pursuance of sub-section (2B) of Section 503 of the Code of Criminal Procedure, 1898 (V of 1898) [See Section 284(1) of new Code] the Central Government is pleased to specify the Courts and Judges mentioned in column 2 of the schedule hereto annexed as Courts and Judges having authority in the country specified in the corresponding entry in column 1 of the said schedule, to whom commissions for examination of witness residing in that country, may be issued under the said Code.
The Schedule

Country Court or Judge 12

The United Kingdom (a) The Supreme Court of Judicature at the Royal Courts of Justice, London, in case the witness resides in England, or (b) The Supreme Court of Northern Ireland, in case the witness resides in Northern Ireland, or (c) The Court of Sessions, Scotland if the witness resides in Scotland. Australia (a) The Chief Justice of the Supreme Court of the State in which the witness resides, or (b) The Judge of the Supreme Court of the Australian Capital Territory, Canbera, in case the witness resides in that territory, or (c) The Judge of the Supreme Court of the Northern Territory, Darwin, in case the witness resides in that territory. Canada The Supreme Court of Canada or any Superior Court in any provinces of Canada. Ceylon The Supreme Court of Ceylon. Pakistan Any District Magistrate or Magistrate of the first class within the local limits of whose jurisdiction in Pakistan the witness resides.
Part D]

Part D EXPERT WITNESSES

1. Evidence of expert witnesses and instructions regarding the sameMuch inconvenience is caused to expert witnesses by the reckless manner in which they are often summoned to give evidence by Courts. The following instructions should be borne in mind by Presiding Officers of Courts with regard to this class of witness: (a) Care should be taken that when an expert is summoned, his evidence is duly taken and, where possible, completed on the day of his appearance ; (b) Where possible the expert should be previously consulted in regard to the suitability of the date which it is proposed to fix for his evidence; and (c) Courts should always consider the desirability of avoiding causing inconvenience to experts by taking their evidence on commission in cases where the evidence is such as can suitably be so taken. 2. Evidence of the Chief Inspector of ExplosivesThe Chief Inspector of Explosives to the Central Government has drawn attention to the fact that number of summonses he receives for personal appearance before the Courts all over India interferes with his legitimate duties and he has suggested that it would be of very great assistance if the issue of summonses on him and his inspectors for appearance in Magistrates Courts could be restricted to the minimum consistent

with the requirements of State Governments, the Central Government have observed that where it is necessary to have the evidence of the Chief Inspector or his subordinates taken in Magistrates Courts which are at a great distance from their headquarters and the cases are such as would normally be committed to the Courts of Sessions, a great deal of inconvenience may be avoided by having resort to Section 503 and Section 506, Criminal Procedure Code as the case may be. The Punjab Government have accordingly directed that prosecuting officers should press for taking evidence on commission in suitable cases. This should be borne in mind by Criminal Courts. 3. Evidence of Chemical Examiner or his AssistantCourts are warned to be careful to see before summoning the Chemical Examiner or his Assistant that the evidence of another medical witness whose services are more conveniently procurable will not be sufficient. 4. When an application is made for the summoning of a fire-arms expert in a case, the Magistrate should first ascertain from the party wishing to call him as a witness on what points his evidence is required, and then write a letter to the expert asking him if he is able to give evidence on those points, and whether he wishes to examine any exhibits before giving an opinion. After these preliminaries, if the reply of the expert shows that he is in a position to give relevant evidence, then and not till then, summons should be issued to him to appear as a witness subject to the instructions given in preceding paragraphs. 5. When it is considered necessary to summon a Government Inspector of Railways as an expert witness, reasonable notice should be given to the Government Inspector concerned and the summons served on him through the Chief Government Inspector of Railways, Department of Posts and Air (Railway Inspectorate), Government of India, who will make himself responsible that the summons is served on the Government Inspector. 1. Here enter the name and official designation of the officer. 2. Paragraph 2 is only required in the following cases namely :
In cases in which Government servants have to give evidence at a Court situated not more than 5 miles from their headquarters or in their private capacity actual travelling expenses incurred by them may, when the Court considers it necessary, be paid to them.

3. Punjab Government endorsement No. 7206-H-563/62203, dated the 28th August 1953, on letter No. 41/3/50Police-II, dated the 6th July 1953, from the Government of India, Ministry of Home Affairs, to all State Governments.

CHAPTER 10
Ch. 10]

Bail and Recognizance

1. Principles governing grant of bailIt must be understood that for every bailable offence bail is a right not a favour. In demanding bail from an accused person, Magistrates should bear in mind the social status of the accused and fix the amount of bail accordingly, care being taken that the amount so fixed is not excessive. The amount of bail and the offence charged, with the section under which it is punishable, should always be stated on the face of an order directing the accused to be detained in the lock-up in default of his furnishing bail. Bail may be tendered and must be accepted at any time before conviction.

Bail may also be tendered and accepted even after conviction in accordance with the provisions of sub-section (2-A) of Section 426 of the Code of Criminal Procedure, [See Section 389(3) of new Code], when a person other than a person convicted of a non-bailable offence satisfies the Court that he intends to file an appeal. 2. RecognizanceWhen any person other than a person accused of a non-bailable offence is brought before a Criminal Court, the Court may, if it thinks fit, instead of taking bail, discharge him on his executing a bond without sureties for his appearance (Section 496 Criminal Procedure Code). [Section 436(1) of new Code]. 3. Bail in non-bailable casesEven in the case of non-bailable offence there are circumstances under which the accused may be admitted to bail. These are described in Section 497 of the Code [Section 437 of new Code]. Sub-section (3-A) has been inserted by the Amendment Act No. 26 of 1955 and provides that if the trial has not been concluded within sixty days of the first date fixed for evidence in the case and the accused person has been in custody during the whole of the said period, he shall be released on bail, unless for reasons to be recorded in writing, the Magistrate directs otherwise. 4. Cash or Government promissory notes may be accepted in lieu of bailUnder Section 513 of the Code of Criminal Procedure [See Section 445 of new Code], a deposit of cash or Government promissory notes may be made in lieu of bail, except in the case of a bond for good behaviour. 5. Bail to be granted promptlyIt is a hardship to detain parties under trial in prison an hour longer than the law requires. They are prejudiced in their means of defence; if respectable and

innocent, they are exposed to the indignity of imprisonment for which no subsequent order of discharge or acquittal can atone. 6. Release on bail by superior CourtUnder Section 498 of the Code [Section 439, 440 of new Code], the Sessions Judges may, whether there be an appeal on conviction or not, direct that any accused person be admitted to bail, or that the bail required by a Police Officer or Magistrate be reduced. The Sessions Judges may, similarly, cause, any person who has been admitted to bail by him to be arrested and may commit him to custody as provided in sub-section (2). Section 438 [Section 400 of new Code] enables a Court of Sessions or District Magistrate in referring a case to a High Court, if it is recommended that the sentence be reversed, to direct that the person under sentence be admitted to bail. It should also be remembered that, under Section 426 of the Code of Criminal Procedure, [Section 389 of new Code], an Appellate Court may, for reasons to be recorded in writing, order that the convicted person be released on bail or on his own bond. 7. Bail applications on holidaysSessions Judges should allow urgent applications for bail to be presented to them at their residence on holidays at a fixed hour, when such applications cannot be presented in Court on a working day owing to unavoidable circumstances. 8. Disposal of bail applications in the absence of Sessions JudgeWhen Sessions Judges are unavoidably absent from the station, they should take action under Section 17(4), Criminal Procedure Code [Section 10(3) of old Code] for the hearing of urgent bail applications. 9. Inquiry about sufficiency of bondsConsiderable diversity of practice exists in carrying out the provisions of the law in regard to the taking of bonds from accused persons and their sureties, and the result of the diversity is not only to case Police officers to be employed in needless inquiries, but also to keep the accused person in custody pending the result of the inquiry into the sufficiency or otherwise of the bail offered. Sub-section (3) of Section 499 [Section 499 of new Code] now enables the Court to accept affidavits for the purpose of determining whether the sureties are sufficient or not. At the same time, however, it is the duty of Magistrates to satisfy themselves that the sureties are, in point of substance, persons of whom it may reasonably be presumed that they can, if necessary, satisfy the terms of the bail-bond. 10. Forfeiture of bail bondsSection 514 of the Code [Section 446 of new Code] lays down the procedure to be adopted to compel payment of the penalty mentioned in the bond from the person executing the personal recognizance and from his sureties. 11. Form of bond for appearance before High CourtWhen a person is enlarged on bail by order of the High Court, or when bail is to be taken for his appearance before the High Court, the bonds to be executed by such person and his sureties shall be in the following forms which have been prescribed by the High Court with the sanction of the State Government, under powers conferred by Section 554(2) of the Code of Criminal Procedure.

Form of Bond and Bail Bond

I, . . . . . . . . , son of . . . . . . . . . , caste . . . . . . . resident of . . . . . . . having Punjab High Court at Chandigarh and being required to

to the

give security for my attendance before the High Court and for my surrender before the Court of the District Magistrate of. . . . . . . if required, do bind myself to attend said High Court every day of the hearing of my appeal/petition by the High Court and on such other day or days as I may be ordered to attend, and, should the High Court order my internment or commitment to prison, to appear and surrender myself before the District Magistrate of. . . . . . . and in the case of my making default therein, I bind myself to forfeit to the Government the sum of rupees . . . . . . . Dated this . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . 19 . . . . . . .
Surety Bond

Whereas . . . . . . ., son of. . . . . . ., caste . . . . . . . resident of . . . . . . . having Punjab High Court at Chandigarh is being

to the

required to give security for his attendance before the High Court and for his surrender before the Court of the District Magistrate of. . . . . . . if required, I. . . . . . ., son of. . . . . . .resident of. . . . . .do bind myself to produce

the said High Court on every day of the hearing of his

by the High

Court and on such other day or days as I may be ordered to produce him, and, should the High Court order his internment or commitment to prison, to produce and surrender him before the District Magistrate of. . . . . . . and in the case of my making default therein, I bind myself to forfeit to the Government the sum of rupees . . . . . . . Dated the . . . . . . . day of. . . . . . . 19 . . . . . . . 12. Date of hearing to be communicated to the accused and suretiesThe District Magistrate on accepting the sureties shall inform them that the person released on bail must be present at the hearing in the High Court. He shall also inform the person released on bail to the same effect. 13. Discretion of High CourtOn the date of hearing in the High Court, the Judge or Judges hearing the appeal may order that: (a) the bail-bond should be cancelled at once, and the man re-arrested, or (b) he should appear on a certain day to hear judgment pronounced, or

(c) he should attend daily (excluding holidays) until judgment is pronounced, or (d) he should be discharged from his bail-bond. 14. Re-arrest on cancellation of bondIf the person who has been released on bail is not arrested on the day of hearing in accordance with paragraph (13)(a) above he will ordinarily be re-arrested in the High Court immediately judgment has been pronounced against him. Notes(1) The foregoing instructions will apply mutatis mutandis to the case of persons enlarged on bail by a Court of Sessions. (2) Except in very special cases, the Judges of the High Court decline to entertain applications for bail unless the Sessions Judge or the Court trying the case has already been applied to and has rejected application. Sessions Judges should conform to this practice. 15. Bail applications to be treated as urgentAll applications for bail in criminal cases including appeals should be treated as urgent. 16. It is irregular for Criminal Courts to forward original bail applications presented to the Court and other documents connected therewith to the Prosecuting Agency for report. If and when it is considered desirable to issue notice to the Prosecuting Agency, a definite date should be fixed for the hearing of the bail application, so that all concerned may have due notice.

CHAPTER 11

Police
Part A] Ch. 11

Part A INVESTIGATION

1. Relation between Police and MagistrateChapter XIV of the Code of Criminal Procedure contains the provisions of the law regarding information to the Police and their powers to investigate and the relation of the Police to the Magistrate are therein defined. 2. Police can investigate suo motu only cognizable casesIt may, in the first place, be pointed out that the Police have power to investigate suo motu only cognizable offences as defined in Section 4(f) of the Code; but under Section 202 a Magistrate may, where he sees reason to distrust the truth of a complaint of an offence of which he is authorised to take cognizance, direct a local investigation to be made by a Police Officer (or other person). The limitations on this power of reference which are described in the instructions as to the examination of complainants should be strictly observed by Magistrates (vide Chapter 1-B, paragraph 4). 3. Police to record information in non-cognizable cases alsoSection 154 requires that every information to an officer-in-charge of a Police Station relating to the commission of a cognizable offence shall be reduced to writing, and action taken on it under Sections 156 and 157, When the information relates to the commission of a non-cognizable offence, the substance of it shall be referred to the Magistrate. No Police Officer may, without the express order of a duly empowered Magistrate, investigate an offence not cognizable by the Police [Section 155 (2)]. 4. (1) Sections 156 to 158 lay down the procedure to be followed by the Police on receipt of information relating to the commission of a cognizable offence and provide for the submission of reports of such information to the Magistrate having jurisdiction. (2) The following procedure should be followed in regard to F.I.R. in murder cases (i) The F.I.R. in murder cases should be sent to the Magistrate concerned immediately in his Court during Court hours and at his residence thereafter. (ii) In case the Magistrate concerned is out of station, the F.I.R. in a murder case should be submitted to the duty Magistrate.

(iii) If the Magistrate is not available after Court hours, the copy of the F.I.R. should be left at his house by the messenger noting the date and hour of delivery on the cover containing the F.I.R. and the Magistrate should attach the cover with the contents. (iv) If on account of difficulties of communication or other causes the delivery is delayed, the reasons and delay should be noted on the cover. (v) As soon as the F.I.R. in murder cases is received by a Magistrate, he should affix his initials thereto and note thereon the date and hour at which the report has been received by him. In the case of a delayed F.I.R., if he disagrees with the reasons given by the Police Officer for such delay, he should also give his own reasons for the same, if any. (vi) In cases where the Police Station is not situated in the same place where the Magistrate resides or where the Police Station is situated in an out-of-the-way place, the carbon copy of the F.I.R., after it has been recorded, should be posted at once at the nearest post office, addressed to the Magistrate by name, before the first clearance of the dak. In such cases the Magistrate should check that the F.I.R. has been despatched by the earliest post after its registration in the Police Station as shown by the time recorded on it. (3) The following is an extract from Rule 22.48 of Chapter XXII of the Punjab Police Rules, Volume III, which prescribes the maintenance of a Daily Station Diary in accordance with Section 44 of the Police Act 1861 : It shall be in Form 22.48 (1) and shall be maintained by means of the carbon copying process. There shall be two copies. One will remain in the Police Station register and the other shall be despatched to the Superintendent or a Gazetted Officer designated by the latter every day at the hour fixed in this behalf. The Superintendent shall fix the hours at which station diaries shall be daily closed. . . . . . . (4) Rules 24(4)(1) and (2) of Chapter XXIV of the Punjab Police Rules, Volume III, runs as follows (1) If the information or other intelligence relating to the alleged commission of a cognizable offence is such that an officer in charge of a Police Station has reason to suspect that the alleged offence has not been committed, he shall enter the substance of the information or intelligence in the station diary and shall record his reasons for suspecting that the alleged offence has not been committed and shall also notify to the informant if any, the fact that he will not investigate the case or cause it to be investigated. (2) If the Inspector or other superior officer, on receipt of a copy of the station diary, is of opinion that the case should be investigated, he shall pass an order to that effect and shall, in any case, send on the diary or an extract therefrom to the District Magistrate for his perusal and orders.

5. (i) The following opinion, which was expressed by the Chief Court of the Punjab extrajudicially on two points connected with the recording of reports made to the Police in cognizable cases, and the power of Magistrates to order the Police to investigate such cases, is, at the request of the State Government, published for the information of the Criminal Courts of the Punjab. (ii) Distinction between recording of reports under Sections 154 and 157, Criminal Procedure CodeThe first point was whether a distinction is to be drawn between Section 154 and Section 157 of the Code of Criminal Procedure in regard to the recording of reports made to the Police in cognizable cases. On this point the Chief Court was of opinion that whereas every information covered by Section 154 must be reduced to writing as provided in that section, it is only information which raises a reasonable suspicion of the commission of a cognizable offence within the jurisdiction of the Police officer to whom it is given, which compels action under Section 157, although, of course, a report would be sent to the Magistrate. (iii) Magistrate bound to entertain complaint of cognizable offence made to him directlyThe second question was, whether a Magistrate can refuse to take cognizance of a complaint which has been duly made to him, on the ground that it relates to an offence cognizable by the Police, and should, therefore, have been made to the Police and not to himself, and whether, either without or after taking cognizance, a Magistrate can properly order the Police to investigate such a case. As regards the matter of taking cognizance the Chief (now High) Court was of opinion that a Magistrate cannot refuse, when properly called on to do so, to exercise jurisdiction merely on the ground that the complainant might reasonably have had recourse to the Police instead of to the Magistrate. (iv) Investigation by Police after the Magistrate has taken cognizanceAs to whether a Magistrate after having taken cognizance may not properly call on the Police to assist in investigating the case, the Chief (now High) Court was of opinion that a Magistrate who has taken cognizance under Section 190(l)(a), of an offence cognizable by the Police, may, after complying with the provisions of Section 200, and issuing his process (if he sees no reason for doubting the truth of the complaint and otherwise finds sufficient grounds for proceedings), give information of the case to the Police Officer having jurisdiction, with a view to his further investigating its facts and circumstances in the manner laid down in Section 157. In such a case, as is contemplated, the Police officer would not have to take measures for the discovery and arrest of the offender, as the supposed offender would be known, and a process would have been issued by the Magistrate to compel his appearance ; but in other respects it would rest with him to take steps to secure the case being properly brought before the Court, and he would be responsible that the witnesses named by the complainant to the Magistrate were supplemented by any others who might be necessary to complete the case for the prosecution. 6. Procedure to be adopted by Magistrate when offender is not known to the complainantThe foregoing remarks proceed on the assumption that the complainant to the Magistrate knows, or thinks he knows, who has injured him. In cases of complaint of a cognizable offence against an unknown offender, the Magistrate would have to record, under Section 203, that there were in his judgment no sufficient grounds for proceeding. It would also

be open to him to communicate to the Police the information supplied to him, or to leave it to the complainant either to apply to the Police or to take such other measures as he thought proper for discovering the offender. 7. Procedure of Police when there is or is not sufficient evidence against the accused Section 169 of the Code of Criminal Procedure provides that if in an investigation under Chapter XIV the Police Officer finds that there is not sufficient evidence to justify the forwarding of the accused to a Magistrate, he shall release the accused on bail or recognizance, and shall submit a report through the proper officer (Section 173), for the order of the Magistrate having jurisdiction. If, on the other hand, the evidence appears sufficient the Police officer must forward the accused under custody, or on bail, if the offence is bailable, to the Magistrate having jurisdiction (Section 170). 8. Police cannot detain in custody an accused for more than 24 hours without orders of MagistrateSection 61 of the Code provides that no Police Officer shall, under any circumstances, in the absence of a special order of a Magistrate under Section 167, detain in custody a person arrested without warrant for a longer period than twenty-four hours, exclusive of the time necessary for the journey from the place of arrest to the Court. 9. Police remandsWhen it appears that the investigation by the Police cannot be completed within the period of twenty-four hours and there are grounds for believing that the accusation is well founded, the Police Officer must forward the accused to the nearest Magistrates, and also transmit a copy of the entries relating to the case in the diary of the Police Station. The Magistrate before whom the accused is brought may, whether he has or has not jurisdiction, authorise the detention of the accused in such custody as he thinks fit for a period not exceeding fifteen days. If he has not jurisdiction in the case, and considers such further detention unnecessary, he may order the accused to be forwarded to a Magistrate having jurisdiction. [Section 167(1)]. 10. Procedure of Magistrate granting remandA Magistrate authorising the detention of an accused person as above must record his reasons for doing so; and if he is not a District Magistrate or a Sub-Divisional Magistrate, he must forward a copy of his order and reasons to the Magistrate to whom he is immediately subordinate. (Section 167). The Magistrate shall sign and date every page of the case diaries or copies thereof in token of his having seen them. 11. Arrest by Police to be reported. When Police may discharge persons once arrested Sections 62 and 63 require that Police Officers shall report to the Magistrate of the district or, if he so directs to the Magistrate of the division of a district the cases of all person apprehended without a warrant within the limits of their respective stations, whether such persons shall have been admitted to bail or otherwise, and that no person who has been apprehended shall be discharged, except on bail or on his own recognizance, or under the special order of a Magistrate. 12. Control of Magistrate over arrests by the PoliceThe object of these sections is that the Magistrates should promptly exercise authority, if necessary, with regard to all arrests by the

Police; and they seem to have been framed with this view that as no person can be released without the order of a Magistrate, except on bail or recognizance, the Magistrate should be responsible as well as the Police if a person illegally arrested remains unnecessarily in custody. 13. Police diary to be kept and sent up regularlySection 172 requires that a Police Officer making an investigation under Chapter XIV shall record his proceedings day by day in a diary. The Magistrate of the district should see that the diary is regularly kept up, and that each days diary has been forwarded to and has regularly reached the Superintendent of Police of the district in course of post, this being the only security against the contents being antedated. The directions of the High Court as to the inspection of these diaries in criminal trials by the Court and by other persons will be found in Chapter 12 of this volume. The directions there given should be strictly observed. [14. Duty of Magistrates to Supervise Police investigationMagistrates are bound to see that the provisions of the Code are attended to, any departmental practices notwithstanding. The law has provided that the Magistrate should either expressly order (Section 202), or receive immediate intimation of (Section 157) every criminal investigation that is set on foot in the district, and he is not at liberty to relax the supervision which the law intends that he should exercise. Every First Information Report received by a Magistrate of the 1st Class under Section 157 of the Code shall be entered in Registers No. XXIII and XXIV of First Information Reports prescribed in Rules and Orders of the High Court, Volume VI, Part B. The Magistrate concerned shall see that these registers are maintained by the Ahlmad attached to his Court properly and every entry pertaining thereto is correct. He shall also ensure the observance of the following instructions with regard to the maintenance of both the aforesaid registers:
1

1. Two separate registers. No. XXIII and XXIV, should be kept for each police station to avoid confusion. 2. The date and time of the receipt should be entered in the copy of the First Information Report by the Magistrate in his own hand and signed or initialled immediately on receipt of the same, and this should not be left to the ministerial staff. 3. Entries in registers should be made according to serial number of the First Information Report. If a later First Information Report is received and the earlier one is not forthcoming, the column for the entry of earlier report should be left blank and a reminder issued to the Station House Officer concerned. In this way one can find at a glance the numbers of the First Information Reports which may not be forthcoming on a particular date. 4. The dates of presentation of challans and registration of case should invariably be entered in Register No. XXIV in the relevant column. 5. The registers should be inspected by the presiding Officer at least once a month to ensure their proper maintenance and be signed by him in token of having done so.] 15. Magistrate must have among his own records the means to supply statistical informationFrom the quarterly statistical returns it sometimes transpires that the Magistrate is

not informed of the number of persons arrested by the Police during the month. If the points above alluded to are properly attended to, the Magistrate must have among his own records the means to supply the statistical information ; for the reports severally made to him of intimation of the occurrence of an offence (Section 157), of there being no sufficient evidence (Section 169), of there being sufficient evidence (Section 170), must be in writing, and, whatever may be the mode of communication with the Police, must leave a trace in the Magistrates office sufficient to enable the statistical writer to make out his returns. 16. Police to send to the Magistrate copies of records made under Section 165, Cr. P.C. Magistrates of districts should also insist on the Police authorities adhering closely to the law laid down in Sections 161 to 163 and 165 of the Code of Criminal Procedure. They should see that the Police forthwith sends to the nearest Magistrate, empowered to take cognizance of the offences, copies of any record made under sub-section (1) or (3) of Section 165 of the Criminal Procedure Code at the time of making search. 17. Power of Police to summon witnesses and to arrest offendersThe issuing of a warrant or summons, properly so called, in criminal cases, in the prerogative of the Magistrate only and no writ from a Police Officer, as such is to bear either of these designations; but under Section 160, any Police Officer making an investigation under Chapter XIV may by order in writing require the attendance of any person who appears to be acquainted with the circumstances of the case, and such person shall be bound to attend. In view of the proviso recently inserted by Act No. 26 of 1955, no male person below the age of fifteen years or a woman can be required by the Police Officer to attend at a place other than his or her residence. The arrest of an accused may also be effected by a Police Officer of any rank to whom an order in writing has been issued by the officer-in-charge of the police station; but such processes are never, either officially or in common parlance, to be called warrants or summons.
Part B]

Part B REMANDS TO POLICE CUSTODY

1. IntroductoryThe following instructions on the subject of remands to Police custody have been issued by the High Court. 2. Distinction between remand to Police custody and remand to judicial lock-up Magistrates should observe the great distinction between a remand to Police Custody and an ordinary remand to the Magistrates lock-up under Section 344 of the adjournment of an inquiry or trial owing to the absence of a witness or from any other reasonable cause. 3. Non-completion of Police investigation does not justify detention by PoliceThe noncompletion of the enquiry or trial justifies the latter, but the former requires some thing more, as it is expressly provided by Section 167 that the non-completion of the investigation shall not, in the absence of a special order of a Magistrate be deemed to be a sufficient case for the detention of an accused person by the Police.

Magistrates should ensure that whenever a person arrested and detained in custody is produced before them by the police for a remand, the police places before them copies of the first information report and the Zimnis and other necessary papers as required by sub-section (1) of Section 167. The Magistrate shall sign and date every page of the case diaries or copies thereof in token of his having seen them. 4. Remand to be granted in cases of real necessityOrdinarily when an investigation is incomplete the proper course is for the accused person to be sent up promptly with such evidence as has been obtained and for the trial to be commenced at once by the Magistrate and proceeded with, as far as possible and then adjourned for further evidence. In the opinion of the High Court a remand to Police custody ought only to be granted in cases of real necessity and when it is shown in the application that there is good reason to believe that the accused can point out properly or otherwise assist the Police in elucidating the case. 5. Magistrate should discourage tendency of Police to take remand to extort confession The Police are too often desirous of retaining the accused in their custody for the longer period than twenty-four hours merely in the hope of extracting some admission of guilt from him. This is contrary to Section 163 and the following section of the Code of Criminal Procedure, and to the spirit of the Code generally; and Magistrates must be careful not to facilitate this object by too great a readiness in granting remands. 6. Remand cannot be granted for more than 15 days. Procedure when accused is brought before a Magistrate to obtain remandIt should be further remembered that remands to Police custody cannot be granted under the Code of Criminal Procedure, for a longer period than 15 days altogether, and cannot be granted at all by a Magistrate of the third class, or by a Magistrate of the second class not specially empowered by the State Government. When an accused is brought before a Magistrate in accordance with Section 167, sub-section (1), Code of Criminal Procedure, the Magistrate must adopt one of the following courses: (1) If he has jurisdiction to try the case or commit it for trial, either (a) Discharge the accused at once, on the ground that there is no cause shown for further detention, or (b) Remand him to Police custody (if empowered to do so) or to magisterial custody as he may think fit, for a term not exceeding 15 days, which term, if less than 15 days, may subsequently be extended up to the limit of 15 days in all, or (c) Proceed at once to try the accused himself, or hold an inquiry with a view to committing him for trial, or (d) If for any reason it seems necessary, forward the accused at once to the District or SubDivisional Magistrate to whom he is subordinate, or (e) If himself a District or Sub-Divisional Magistrate, send the accused to a competent subordinate Magistrate for trial of commitment.

(2) If he has not jurisdiction to try the accused or commit him for trial, he must either (a) If he thinks there is no ground for further detention, at once send the accused to a Magistrate having jurisdiction, with a view to his trial or discharge, or (b) If he thinks there is ground for further detention, remand him to Police custody (if empowered to do so) or to magisterial custody as he may think fit for a term not exceeding 15 days, which term, if less than 15 days, may subsequently be extended, up to the limit of 15 days in all. NoteBy Punjab Government Notification No. 11984, dated 16th April, 1924, all stipendiary Magistrates of the 2nd class have been invested with power to authorise the detention of accused persons in the custody of the Police under Section 167 (2) of the Code of Criminal Procedure as amended by Act XVIII of 1923. 7. Accused must be produced before the Magistrate who should satisfy himself about necessity for remandBefore making an order of remand to Police custody under Section 167 of the Code of Criminal Procedure the Magistrate should satisfy himself that (1) There are grounds for believing that the accusation against the person sent up by the Police is well founded; (2) There are good and sufficient reasons for remanding the accused to Police custody instead of detaining him in magisterial custody. In order to form an opinion as to the necessity or otherwise of the remand applied for by the Police, the Magistrate should examine the copies of the diaries submitted under Section 167 and ascertain what previous orders (if any), have been made in the case, and the longer the accused person has been in custody the stronger should be the grounds required for a further remand to police custody. The accused person must always be produced before the Magistrate when a remand is asked for. 8. Principles applying remand casesThe following principles are laid down for the guidance of Magistrates in the matter of granting remands and District Magistrates (or in the districts in which the experiment of separation of the Executive from the Judiciary is being tried the Additional District Magistrates) are required to see that they are carefully applied : (i) Under no circumstances should an accused person be remanded to Police custody unless it is made clear that his presence is actually needed in order to serve some important and specific purpose connected with the completion of the inquiry. A general statement by the officer applying for the remand that the accused may be able to give further information should not be accepted. (ii) When an accused person is remanded to Police custody the period of the remand should be as short as possible.

(iii) In all ordinary cases in which time is required by the Police to complete the enquiry the accused person should be detained in magisterial custody. (iv) Where the object of the remand is merely the verification of the prisoners statement, he should be remanded to magisterial custody. (v) An accused person who has made a confession before a Magistrate should be sent to the Judicial lock-up and not made over to the Police after the confession has been recorded. If the Police subsequently require the accused person for the investigation, a written application should be made giving reasons in detail why he is required and an order obtained from the Magistrate for his delivery to them for the specific purpose named in the application. If an accused person, who has been produced for the purpose of making a confession has declined to make a confession or has made a statement which is unsatisfactory from the point of the prosecution, he should be remanded to Police custody. 9. Reasons for grant of remand to be recorded and copy sent to District MagistrateIn any case when an accused person is remanded to Police custody, the reasons must be recorded in the order of remand, and when the Magistrate ordering a remand is not himself a Sub-Divisional or District Magistrate he must at once send a copy of his order, with his reasons for making it to the Sub-Divisional or District Magistrate to whom he is immediately subordinate. [Section 167(4)]. 10. Procedure when a remand for more than 15 days is required for completion of the caseIf the limit of 15 days has elapsed, and there is still need for further investigation by the Police, the procedure to be adopted is that laid down in Section 344, Criminal Procedure Code. The case is brought on to the Magistrates file and the accused, if detention is necessary, will remain in magisterial custody. The case may be postponed or adjourned from time to time for periods of not more than 15 days each, and as each adjournment expires the accused must be produced before the Magistrate, and the order of adjournment must show good reasons for making the order.
COMMENTS Paragraph 10 does not require that a charge-sheet must be submitted or cognizance taken by Magistrate before he can remand on accused to custody under Section 344 of Criminal Procedure Code. Ajit Singh and another v. The State, AIR 1970 Delhi 154.

11. District and Sub-Divisional Magistrates should take measures to exercise strict supervision over the action of all Magistrates subordinate to them, in regard to the granting of remands under Section 167 of the Code of Criminal Procedure, and, as these officers receive the reports made under the last clause of that section, they possess the means for exercising the supervision here required of them without any difficulty. The District and Sub-Divisional Magistrates should further arrange that the Duty Magistrate should attend office, at specified hours on public holidays, for disposal of such applications for remand as may be placed before him. NoteIn district in which the experiments of separation of the Executive from the Judiciary is being tried, this supervision and control over the Judicial Magistrates will be exercised by the Additional District Magistrates.

12. Before the grant of remand accused should be heard and allowed to engage a counsel (i) The following instructions have been issued by the Punjab Government for the guidance of Magistrates in regard to remands (Punjab Government circular Letter No. 6091-J-36/39829 (H.Judl.), dated the 19th December, 1936, at all District Magistrates in the Punjab). (a) Before a remand is granted in any case, the Magistrate should inform the accused that he is a Magistrate and that a remand has been applied, for and he should ask the accused whether he has any objection to offer to the remand. The order granting the remand should be written at the time it is announced, in the presence of the accused. (b) If the accused wishes to be represented by counsel, the Magistrate should allow time for counsel to appear and argue the matter before him. He may grant a temporary remand in such circumstances until arguments have been heard. (ii) Right of accused to access to counsel and friendsThe Punjab Government have issued the following instruction in regard to the right of accused to access to counsel and friends : An accused person should not be removed to a place which is either inaccessible or unknown to his friends or counsel. Information regarding his place of confinement should at all times be given to his friends on their application, and the prisoner himself should be informed that he is entitled to have the assistance of counsel and to communicate with his relations and friends.
Part C]

Part C IDENTIFICATION PARADES

1. Instructions issued by the Punjab Government re-identification paradesThe following instructions have been issued by the Punjab Government for the guidance of Magistrates in their conduct of identification parades (Punjab Government Circular Letter No. 6091-J. 36/39829 (H. Judl.), dated the 19th December, 1936, to all District Magistrates in the Punjab). (1) List of all persons included in the parade should be preparedThe Magistrate in charge of an identification parade, should prepare a list of all persons, including the accused, who form part of the parade. This list should contain the parentage, address and occupation of each member of the parade. (2) Note about identification by witnessesWhen any witness identifies a member of the parade, the Magistrate should note in what connection he is identified. A note should also be made if the witness identifies a person wrongly; in such a case it is incorrect to note that the witness identified nobody. All persons identified must be mentioned, whether the identification is right or wrong. If a witness, on being called for the purpose, states that he cannot make any identification, a note should be recorded by the Magistrate to this effect. (3) Objection or statement by accused or identification witnesses to be recorded and power of Magistrate to decide objectionsShould the accused make any complaint or statement it should be recorded by the Magistrate. If from his personal knowledge the Magistrate is able to decide beyond doubt that the complaint is false or futile, a note to this effect should be made, but in

other cases it is advisable to leave any decision as to the value to be attached to the objection to the Court trying the case. The Magistrate should also record any statement made by a witness before making an identification. (4) Duty of Magistrate to records precautions taken and to note other pointsThe Magistrate should state (a) What precautions he has taken to ensure (i) that the witnesses do not see the person to be identified by them before the identification proceedings commence; (ii) that no communication which would facilitate identification is made to any witness who is awaiting his turn to identify; and (iii) that after making identification the witnesses do not communicate with other witnesses who have yet to do so; (b) Whether the person to be identified is handcuffed or is wearing fetters; and if so, whether or not other persons taking part in the parade are handcuffed or are wearing fetters, and also whether or not they are inmates of the Jail. (5) Form of certificate to be appended by the MagistrateAt the end the Magistrate should append a certificate in the following form :
Identification Parade

The State . . . . . . . . . . . . . . . . . . . . versus . . . . . . . . . . . . . . . . . . . . . . . . . . . (F.I.R. No . . . . . . . . . . . . . . . . . .of . . . . . . . . . . . . . . . . . . 19 . . . . . . Police Station . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . .) Parade held on the . . . . . . . . . . . . . . . .. 19 . .. . . . . . . . .. in the . . . . . . . .. Jail by . . . . . . . . . . . . Magistrate . . . . . . . .. Class . . . . . . . .. District for the identification of . .. . . . . . . . . . . . . . . . ..on the application of . . . .. . . . . . . . Names of the witnesses who are expected to identify the prisoner, with their particulars: 1. 2. 3.

Proceedings of the Magistrate

Certified that the above is a true and correct record of my proceedings. (Sd.) (Seal) Magistrate, Class 2. The following further instructions have been issued by the Punjab Government on the subject) [Punjab Government circular Letter No. 6546-J-43/83844 (H.Judl.), dated the 17th December, 1943, to all District Magistrates in the Punjab]. In cases where the identification of the accused is disputed and is a matter of importance, the request of an accused for an identification parade should not be refused. Such a request should not also be rejected merely because it is regarded as a measure to create delay, as it should be possible to arrange an identification parade without delay. Again, a request to hold such a parade should not be refused on the ground that it is some considerable time since the witnesses last saw the accused and the accused may have changed in appearance in the meantime, and in such cases in his report on the parade the Magistrate can record when the witnesses did see the accused last. 3. In district in which the experiment of separation of judiciary from the executive is being tried, the work relating to the holding of identification parades should be done by the Judicial Magistrates. (Punjab Government Letter No. 16848-G-55/11327, dated 16th February, 1956, to all Deputy Commissioners in Punjab).
Part D]

Part D CANCELLATION OF CASES REPORTED BY POLICE

1. Magistrates power to cancel cases reported by PoliceIn regard to cognizable cases reported by the Police to the Magistrate having jurisdiction under Sections 157 and 173 of the Code of Criminal Procedure, it frequently becomes evident either (a) that the offence committed was really non-congnizable, or (b) that the information given to the Police was false or unfounded, and the Police apply for magisterial authority to show such cases as noncognizable or false as the case may be. The Magistrate dealing with the Police reports in such cases, that is, ordinarily, the Magistrate who is empowered to take cognizance of the offence upon Police report, in respect of the particular Police Station, under Section 159 or Section 173 of the Code of Criminal Procedure, as the case may be, may for sufficient reasons, pass an order accordingly. 2. Duty of Magistrate to satisfy himself before passing orderMagistrates are not required to give reasons for either granting or refusing the Police application, and they should exercise their discretion freely after satisfying themselves as to the grounds on which it is made. They should not treat the matter as one of ordinary routine.

3. Magistrate dealing with the final Police report is competent to pass orderIn the event of the first and final report not coming before the same officer, the Magistrate dealing with the final Police report would be competent to pass the order. 4. Order of cancellation : When to be passed and by whomNo Magistrate of the 2nd or 3rd class is competent to make such an order, but any Magistrate of the 1st class may do so. Such an order should only be made at the time of dealing with the Police reports. No applications from the Police for a direction of this character should be entertained if made otherwise than in the final report submitted under Section 173 of the Code of Criminal Procedure. But any Magistrate of the 1st, 2nd or 3rd class, may, of his own motion, in the course of trying any case reported by the Police as cognizable, pass such an order at any stage of the proceedings, before or at the time of delivering judgment intimation of the order being given to the Police.
Part E CUSTODY OF PROPERTY SENT IN BY THE POLICE
Part E]

1. Kinds of property sent in by PoliceProperty sent in by the Police is usually of three kinds : (i) Articles including (a) counterfeit coins, together with implements for their manufacture, such as dyes, moulds, etc., and (b) implements, such as, dyes, moulds, etc., used in the forgery of currency notes, transmitted to the Magistrate, under Section 170 of the Code of Criminal Procedure, with the Police report in cases sent up for trial. (ii) Property seized by the Police as stolen property or upon suspicion, and ordered by, the Magistrate, under Section 523 of the Code of Criminal Procedure [Section 457 of new Code] to be forwarded to headquarters. (iii) Property taken charge of by the Police under Section 25 of the Police Act, (Act V of 1861), and ordered by the Magistrate of the districts to be forwarded to headquarters. 2. Custody and disposal of the property(a) With regard to property referred to in Rule (l)(i) above, other than articles enumerated in (a) and (b) the Police Department will retain charge of it pending the disposal of the case. When the case is decided, the property, if not returned to the owner, will be made over to the Nazir for safe custody or otherwise disposed of, as the Magistrate may direct. (b) Articles enumerated in 1 (i)(a) above will remain in the custody of the Police Department pending the disposal of the case. At the end of the case and not till after the appeal or revision, if any, the Court shall send them to the treasury or Sub-Treasury together with a short description of the case; and (c) Articles enumerated in 1 (i) (b) above produced in and confiscated by a Court shall remain in the custody of the Police Department during the trial of the case. At the end of the case and not till after the appeal or revision, if any, the Court shall make the articles over to the Police Department for their destruction or for such other action as may be found suitable in accordance with the rules of that department.

3. Custody and disposal of the propertyProperty of the second kind, when sent in to headquarters, will remain in the custody of the Police until the Magistrate makes an order for the issue of a proclamation under Section 523 of the Code of Criminal Procedure [Section 457 of new Code] when it should be transferred to the custody of the Nazir or otherwise disposed of as the Magistrate may direct. 4. Custody and disposal of the propertyProperty of the third kind should on arrival at headquarters be made over at once to the Nazir by the Police Department. 5. Custody of coins, currency notes, etc.In any individual case where the property consists of bullion, coin, currency notes, valuable securities or jewels, and is of great value, say, above one thousand rupees, it should instead of being made over, under the preceding rules to the Nazir, be made over the Treasury Officer; coin or currency notes (other than counterfeit coin and notes) will be treated as regular deposits, bullion at its estimated value in cash, and securities, irrespective of their face value, and jewels will be deposited for safe custody, and an entry made not in the ordinary register, but in a special register which should be countersigned every month by the Deputy Commissioner. The orders of the Deputy Commissioner should first be obtained by the Police before placing bullion or jewellery, etc., for safe custody at the Treasury. 6. Responsibility of Police for safe custodyUntil the property is, under the preceding rules, made over to the Nazir or the Treasury, the Police Department will continue to be responsible for its safe custody. When so made over, the responsibility for its safe custody will rest with the Nazir and Treasury, as the case may be.
Part F]

Part F INSPECTION BY POLICE OFFICERS OF RECORDS AND ORDERS AFFECTING THE WORKING OF THE POLICE
Part G]

1. Inspection by Police Officers of the record of criminal cases in which a member of the Police is convicted or left under suspicionDistrict Magistrates are instructed to permit Superintendents of Police to peruse the proceedings and evidence in all criminal cases in which a member of the Police force is either sentenced to punishment, or though acquitted, is left under suspicion or severally censured. The object is not to question the correctness of the decision of the Magistrate, but to enable the police to take such departmental action as may appear necessary. 2. Copies of certain confessions to be sent to Inspector-General of PoliceCopies of all confessions which may be valuable from a Police point of view, as inculpating accomplices, should be forwarded to the office of the Inspector-General of Police for record. 3. All modifications of the lower Court made in appeal, revision, or reference should be communicated to the Superintendent PoliceAt the request of the Inspector-General of Police the High Court is pleased to direct that intimation shall always be given to the Court Inspector of the District Magistrates Court, for communication to the Superintendent of Police

of all modifications made by a Court of Appeal, Revision or Reference is an order passed by a Court of Original Criminal jurisdiction. NoteAs copies of all such orders (except orders passed in appeal by a Subordinate Magistrate invested with criminal appellate powers for the communication of which special provision should be made) are sent to District Magistrates, the above direction can be carried out without difficulty.
Part G INFORMATION OF CONVICTION IN COMPLAINT CASES TO BE FURNISHED TO THE POLICE

1. Information of convictions in certain cases to be sent to PoliceMagistrates are required to furnish the Police with information as to convictions in all cases taken up by them on complaint under the Acts noted below.
I. Indian Penal Code

Chapter XI Sections 193 to 195 Giving or fabricating false evidence. Sections 211 to 377 False charge of committing an unnatural offence. Chapter XII Sections 231 to 232 Counterfeiting of coin. Sections 233 to 235 Making, buying, selling or having in possession of instruments or material for counterfeiting coin. Section 236 Abetting the counterfeiting of coin out of India. Sections 237 to 238 Import or export of counterfeit coins. Sections 239, 240, 242, 243 Possession of delivery of counterfeit coin. Section 244 Unlawful alteration of weight or composition of coin by persons employed in Mints. Section 245 Unlawful removal of coining instruments from Mints. Sections 246 to 253 Unlawful alteration of weight, composition or appearance of coin and possession and delivery of such coin Section 255 Counterfeiting of Government stamps.

Sections 256 to 257 Making, buying, selling or having in possession instruments or material for counterfeiting Government stamps. Sections 258 to 259 Possession or sale or counterfeit Government stamps. Section 260 Using of counterfeit stamps. Sections 261 to 263 Fraudulent effacement or erasure of Government stamps. Chapter XVI Section 311 Being a thag. Section 354 Indecent assault on a woman. Sections 363 to 369 Kidnapping. Section 376 Rape. Section 377 Unnatural offence. Chapter XVII Sections 379 to 382 Thefts of all kinds. Sections 384, 386 to 389 Extortion of all kinds, except Section 385. Sections 392 to 394, 397, Robbery of all kinds. and 398 Sections 395, 396, 399, 402 Dacoity of all kinds. Sections 400 to 401 Belonging to a gang of thieves of dacoits. Section 404 Dishonest misappropriation of property belonging to a deceased person. Sections 406 to 408 Criminal breach of trust. Section 409 Criminal breach of trust by public servant. Sections 411 to 414 Receiving stolen property. Sections 418 to 420 Cheating of all kinds, except simple cheating, Section 417. Sections 429 to 433 and Serious mischief.

435 to 440 Sections 449 to 452 House-trespass in order to commit an offence. Sections 454 to 458 Lurking house-trespass or house breaking other than simple, Section 453. Sections 459 and 460 Grievous hurt or death caused in house-breaking. Section 461 Dishonestly breaking upon a closed receptacle. Section 462 Fraudulently opening a closed receptacle held in trust. Sections 465 to 469 Forgery. Chapter XVIII Section 489-A to 489-D Forgery of currency notes and bank notes.
II. Code of Criminal Procedure

Chapter VIII Sections 109 and 110 Bad livelihood.

III. Miscellaneous Acts

Sections 3 and 4, Act III of Gambling. 1867 Section 9, Act 1 of 1878 Opium smuggling. Indian Arms Acts, XI of 1878, as amended by Act XII of 1891. Punjab Habitual Offenders (Control and Reform) Act, 1952. (Punjab Act XII of 1952).
IV. Other Offences

All offences in cases in which the subsequent proof of the conviction so recorded would render the person convicted liable by law to enhanced punishment on subsequent conviction of the same or a similar offence by reason of the proof of such former conviction, and all offences in which, upon such proof, the law establishes a presumption in favour of the prosecution. Illustration(a) Offences under Section 8 of the Stage Carriages Act (XVI of 1861), shall be so entered because an enhanced punishment is provided for every subsequent conviction.

(b) Offences against rules made by the State Government under Section 41 of 1878 (The Indian Forest Act) by reasons of the provisions of the last clause of paragraph 2 of Section 42 of the same Act. (c) Offences under Section 13 of Act II of 1924 (The Cantonment Act). NoteConvictions for theft by Court martial, although the persons convicted have not been sent up for trial or prosecuted by the Police, shall also be entered in the conviction registers in all cases in which the convictions are intimated to the Civil Authorities. 2. Form of statement prescribed for such informationA form of the statement to be furnished to the Police is attached hereto. 3. Filling up of the formIn Courts where there is a Court Inspector or Assistant Court Inspector, this official shall be held responsible for filling up the form in question, and Magistrates will only be required to sign it. In other Courts, Magistrates will, after filling up the form, send it to the officer-in-charge of the nearest Police Station. 4. Indent for formsPrinted forms in English for these statements should be indented for in the usual way. The supply of vernacular forms should be arranged for by District Magistrates.
Statement showing cases taken up by Magistrates on complaint under sections of the Indian Penal Code and other Acts of which the Police Department maintains a record, where such cases end in conviction
Name, parentage, caste, residence and occupation of person

District in which trial is held

Offence of which convinced

Sentence

Date of sentence

Name and powers of Magistrate

Remarks

Part H MISCELLANEOUS
Part H]

1. Cases against Police officersFor cases against Police officers See Chapter 6,Cases against Government Servants and Soldiers. 2. Police reports sent to Magistrates through a superior Police OfficerThe following notification of the State Government is published for information: Punjab Government Notification No. 77, dated the 26th April, 1883 In accordance with the provisions of Sections 157, 158 and 173 of the Code of Criminal Procedure, the Punjab Government is pleased to direct as follows : The following reports sent to Magistrates shall be submitted through a superior officer of Police: (a) Information reports or charge registers, under Section 157, in all cases in which the Police have abstained form investigation; (b) Completion reports, including charge sheets, under Section 173, in all cases in which no person is sent up for trial and whether any person has been arrested or not; and (c) Completion reports, including charge sheets, under Section 173, in all cases sent for trial at the headquarters of district. The following officers of Police shall be deemed to be superior officers within the meaning of these rules : Under clauses (a) and (b), the Superintendent of Police; and when the Superintendent of Police is unable to receive such reports, an Assistant Superintendent of Police, and when Superintendent of Police and Assistant Superintendent of Police is unable to receive such reports, an Inspector of Police. Under Clause (c), the Superintendent of Police, and in his absence, an Assistant Superintendent of Police, and in the absence of the Superintendent of Police and the Assistant Superintendent of Police, an Inspector of Police. 3. Copy of judgment criticising conduct of Police to be sent to higher authoritiesFor transmission of a copy of judgment in which the conduct of the Police is criticised to higher authorities see Chapter 1-H, paragraph 6. 1. Substituted vide C.S. No. 8-Rules/XII-F-2, dated 22-11-1965.

CHAPTER 12
Ch. 12]

Police Diaries and Statements Before the Police

1. When accused is entitled to see Police diaries or statement of a witness recorded by PoliceThe Police diaries called for under Section 172 of the Code of Criminal Procedure should not be shown to accused persons, or to their agents, or pleaders, except under the circumstances stated in the second clause of Section 172 of the Code, that is, when they are used by a Police Officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such Police Officer. Sessions Judges and District Magistrates should issue such orders as are necessary to guard against the Police diaries being inspected by person not entitled to see them. The right of an accused person to be furnished with a copy of a statement of a person whom the prosecution proposes to examine as its witness, whether this statement has been recorded in a police diary or otherwise, is dealt with in Sections 162 and 173 of the Code. NoteThese restrictions do not apply to a person duly authorized to conduct the prosecution in any case. 2. Instructions re despatch of Police diaries and their translation with the records of criminal cases to the High CourtIn submitting the records of criminal cases to the High Court, the Police diaries and English translations or notes of them, should be separated from the records and placed in a sealed cover which should then be placed with the record. 3. Use of Police diary by CourtAs to be manner in which Police diaries may be used by Courts, the following remarks should be borne in mind : The Provision of Section 172, that any Criminal Court may send for the Police diaries, not as evidence in the case but to aid it in an inquiry or trial empowers the Court to use the diary not only for the purpose of enabling the Police officer who complied it to refresh his memory, or for the purpose of contradicting him, but for the purpose of tracing the investigation through its various stages the intervals which may have elapsed in it, and the steps by which a confession may have been elicited, or other important evidence may have been obtained. The Court may use the special diary, not as evidence of any date, fact or statement referred to in it, but as containing indications of sources and lines of inquiry and as suggesting the names of persons whose evidence may be material for the purpose of doing justice between the State and the accused.

Should the Court consider that any date, fact or statement referred to in the Police diary is, or may be, material, it cannot accept the diary as evidence, in any sense, of such date, fact or statement, and must, before allowing any date, fact or statement referred to in the diary to influence its mind, establish such date, fact or statement by evidence. Criminal Courts should avail themselves of the assistance of Police diaries for the purpose of discovering sources and lines of inquiry and the names of persons who may be in a position to give material evidence, and should call for diaries for this purpose. 4. Use of statement of witness made before Police; when accused may get its copiesAs regards the proper use of statement made by witnesses before the Police during the course of an investigation, the provision of Section 162 of the Code, as amended in 1955, should be carefully studied. It would appear from the provisions of this section that no statement made by a witness to a Police Officer during the course of any investigation under Chapter XIV of the Code can be proved at all for any purpose during the trial, if the statement has not been reduced into writing. If such statement has not been reduced into writing under sub-section (3) of Section 161, whether in a police diary or otherwise a copy thereof along with other papers mentioned in sub-section (4) of Section 173 of the Code, has to be furnished to the accused, free of cost, before the commencement of the inquiry to trial unless the whole or any part of the statement has been excluded under sub-section (5) of the said section. Even so the use of this statement for any purpose whatever is prohibited except (a) when the person making the statement is called as a witness for the prosecution, and (b) the accused or with the permission of the Court, the prosecution desire to use it in the manner provided by Section 145 of the Indian Evidence Act, 1872 to contract the witness and thus to impeach his credit. The original written record of the statement or any portion of it which is relied upon must be put to the witness, duly proved, as required by Section 145 ibid and then the Statement can be used for impeaching the credit of the witness as stated above, (vide, I.L.R. 7 Lahore 264).
COMMENTS Under section 162 of the Code of Criminal Procedure, as at present enacted, no statement made by a witness to a police officer in the course of an investigation under Chapter XIV, if not reduced into writing, can be used at the trial for any purpose whatsoever. It cannot be used either to corroborate or to contradict a witness, either for the benefit of the accused or against him. If such a statement has been reduced into writing, its use for any purpose whatsoever is also prohibited, unless ( a) it is the statement of a witness called for the prosecution, (b) the Court has ordered the accused to be furnished with a copy, and ( c) the written record of the statement has been duly proved. It may then be used within the limits set forth in the proviso to section 162. The interpretation of this section to be adopted by the Courts of this Province is that set out in Labh Singh vs. Crown, (1924) I.L.R. 6 Lah. 24, and Rakha vs. Crown, (1925) I.L.R. 6 Lah. 171. Bahadur Singh and Another vs. The Crown, (1926) I.L.R. VII Lah. 264.

5. Method of contradicting a witness with his previous statementThe procedure contemplated by Section 145 of the Indian Evidence Act should be carefully followed. When a witness is found to make statements conflicting with previous statements made by him in writing or reduce into writing and it is intended to contradict him with the previous statements, the relevant portions of the previous statements should be read out to him and his attention should be called to the discrepancies and he should then be asked to offer his explanation (if any), with reference to the same. The record to the Magistrate or Judge should show clearly that this procedure has been followed. The best way of doing this would be to put direct questions reciting the relevant portions of the two statements and asking for an explanation as to the

discrepancies between the same and to record fully such questions and the answers given by the witness. 6. Use of First information Report for purpose of corroboration of statementIt will thus appear that as a result of the provisions of Section 162, Code of Criminal Procedure, a statement made by a witness before the Police, cannot be used to corroborate his testimony in spite of the provisions of Section 157 of the Indian Evidence Act (cf I. L. R. 6 Lah. 171). The first information report recorded under Section 157 of the Code, however, does not fall within the scope of Section 162 as it is not a statement made in the course of an investigation and hence it can, be used to corroborate the testimony of the person making the report if he appears as a witness. It frequently happens, however, that the person making the first information report has no personal knowledge at all of the facts stated in the report and in such cases the reports has no value except in so far as it discloses the manner in which the Police obtained the first information about the offence.
COMMENTS The rule laid down in section 157 of the Indian Evidence Act is controlled by the special provisions contained in section 162 of the Criminal Procedure Code (as amended by Act XVIII of 1923), and that the latter section prohibits the use of the record containing the statement of a witness to the police as evidence against the accused as well as proof of such statement by oral evidence. Rakha vs. The Crown, (1925) I.L.R. VI Lah. 171.

7. Confession made by accused to Police is admissible in evidence if it has led to discovery of any factIt has been held in Ranun v. Crown (I.L.R. 7 Lahore, 84), that Section 162 of the Code of the Criminal Procedure applies to the statements of persons examined as witnesses by the Police and not to the statement of an accused person, and that it does not modify or override the provisions of Section 27 of the Indian Evidence Act in any way. Consequently a confession by an accused person to the Police, whether it has been reduced into writing or not, is admissible in evidence under Section 27 of the Indian Evidence Actif any fact is disposed to as having been discovered in consequence of such a confession. As regards the extent to which such a confession can be proved. A.I.R. 1947 Privy Council 67, 1952 Supreme Court Reports 839 and A.I.R. 1954 Punjab 97 (F.B.) should be consulted.
COMMENTS Section 162 of the Code of Criminal procedure applies to the statements of persons examined as witnesses by the Police in the course of an investigation and not to the statement of an accused person, and that it does not override or modify the provisions of section 27 of the Indian Evidence Act. A repeal by implication is only effected when the provisions of a later enactment are so inconsistent with, or repugnant to, the provisions of an earlier one, that the two cannot stand together. It is a cardinal rule of interpretation that a general statute is to be constructed as not repealing by mere implication a particular one, that is, one directed to a special object or a special class of objects. Rannun vs. The Crown, (1926) I.L.R. VII Lah. 84. (Seward vs. The Vera Cruz, (1884) 10 A.C. 59, Queen vs. Harrald, (1872) 41 L.J.Q.B. 173, Kutner vs. Phillips, (1891) 2 Q.B. 267. referred to.) The prosecution can rely, not only upon the discovery of the corpse in the field of the accused, but also upon the statement made by him in consequence of which that discovery was made. Rannun vs. The Crown, (1926) I.L.R. VII Lah. 84. (Begu vs. The KingEmperor, (1925) I.L.R. 6 Lah. 226 (P.C.) followed) Where on being interrogated by the police, the accused persons made certain statements which were duty recorded by the police and in these statements it was disclosed that the dead bodies of the persons murdered were thrown in a nala and thereafter the

police party with the accused went to the nala where each of them pointed out a place where different parts of the dead bodies were discovered but the initial pointing out was by the accused S: Held that even if the rule to be applied in the case was that it is only the information which is first given that is admissible under Section 27 and once a fact has been discovered in consequence of information received from a person accused of an offence, it cannot be said to be rediscovered in consequence of information received from another accused person, the case was covered by the rule and the discoveries made at the instance of S were admissible in evidence under Section 27. Lochaman Singh and others vs. The State, AIR 1952 SC 167 : 1952 SCR 839.

8. Dying declaration excluded from operation of Section 162, Cr. P.C.It should be noted that dying declarations falling under Section 32(1) of Indian Evidence Act are excluded from the scope of Section 162, Criminal Procedure Code.

CHAPTER 13
Ch. 13]

Confessions and Statements of Accused Persons

1. Statements of accused at various stages explainedThe provisions of Sections 164, 342 [Sections 313 of new Code] and 364 [Section 281 of new Code] of the Criminal Procedure Code with regard to the confessions and statements of accused persons should be carefully studied. Section 164 deals with the recording of statements and confessions at any stage before the commencement of an enquiry or trial. Section 342 deals with the examination of accused persons during the course of the enquiry or trial. Section 342-A now enables the accused to appear as a defence witness during the trial and to give evidence on oath in disproof of the charges made against him or a co-accused. Section 364 prescribes the manner in which the examination of an accused person is to be recorded.
COMMENTS Where statements were recorded indicating all necessary precautions prescribed for recording confessional statement, it was held that confession does not suffer from procedural infirmity. I.L.R. (1973) HP 495.

2. Use of confession of accused during Police trial recorded by MagistrateThe object of Section 164, Criminal Procedure Code, is to provide a method of securing a reliable record of statements or confessions made during the course of the Police investigation, which could be used, if necessary, during the enquiry or trial. Under Section 25 of the Indian Evidence Act, a confession to a Police Officer is inadmissible in evidence, and hence when an accused person confesses during the Police investigation, the Police frequently get it recorded by a Magistrate under Section 164, Criminal Procedure Code, and it can then be used to the extent to which it may be admissible under the Indian Evidence Act. 3. Presumption attached to confessions recorded to Magistrate and its evidential value. Safeguards provided in law to obtain a voluntary and precisely recorded confession Under Section 80 of the Indian Evidence Act, a Court is bound to presume that a statement or confession of an accused person, taken in accordance with law and purporting to be signed by any Judge or Magistrate, is genuine, and that the certificate or note as to the circumstances under which it was taken purporting to be made by the person signing it, are true, and that such statement or confession was duly taken. The words taken in accordance with law occurring in this section are very important and it is essential that in recording a statement or confession under Section 164, the provisions of that section should be strictly followed. The evidential value of a confession depends upon its voluntary character and the precision with which it is reproduced and hence the section provides safeguards to secure this end. These safeguards are of great importance, as confessions are often

retracted at a later stage and it becomes necessary for the Court to ascertain whether the alleged confession was actually and voluntarily made. The mere fact that a confession is retracted does not render it in admissible in evidence, but the Court has to scrutinise any such confession with the utmost care and accept it with the greatest caution. It is a settled rule of evidence that unless a retracted confession is corroborated in material particulars it is not prudent to base a conviction in a criminal case on its strength alone, (Vide A.I.R. 1953 SC 459) unless from the peculiar circumstances under which it was made or judging from the reasons alleged or apparent, of retraction, there remains a high degree of certainly that the confession, notwithstanding its having been resiled from, is genuine. [Vide 30 P.R. 1914 (Cr.) and A.I.R. 1954 SC 4].
COMMENTS No hard and fast rule can be laid down regarding the necessity of corroboration in the case of a retracted confession in order to base a conviction thereon. But apart from the general rule of prudence where the circumstances of a particular case cast a suspicion on the genuineness of the confession it would be sufficient to require corroboration of the retracted confession. A confession should not be accepted merely because it contains a wealth of detail which could not have been invented. Unless the main features of the story are shown to be true, it is unsafe to regard mere wealth of uncorroborated detail as a safeguard of truth. Muthuswami, vs. State of Madras, AIR 1954 SC 4. It is a settled rule of evidence that unless a retracted confession is corroborated in material particulars, it is not prudent to base a conviction in a criminal case on its strength alone. Puran, S/o. Sri Ram, vs. The State of Punjab, AIR 1953 SC 459.

4. Important features of Section 164, Criminal Procedure CodeSome important features of Section 164 are : (a) Statements or confessions made in the course of an investigation can be recorded only by a Magistrate of the first class or a Magistrate of the second class who has been specially empowered by the State Government. (b) Confessions must be recorded and signed in the manner provided in Section 364. (c) Before recording any such confession the Magistrate shall explain to the person making it that he is not bound to make a confession, and that if he does so it may be used in evidence against him. (d) No Magistrate shall record any such confession unless upon questioning the person making it he has reason to believe that it was made voluntarily; failure to question has been held to vitiate the confession. (I.L.R. 2 Lahore 325). (e) The memorandum set forth in Section 164(3) must be appended at the foot of the record of the confession. (f) It is not necessary that the Magistrate receiving or recording a confession or statement should be a Magistrate having jurisdiction in the case. NoteIn districts in Which the experiment of separation of Judiciary from the Executive is being tried the work relating to recording of confessions and statements under Section 164 of the

Code and dying declarations should be done by Judicial Magistrates. (Punjab Government Letter No. 16848-G-55 11327, dated the 16th February, 1956, to all Deputy Commissioners in Punjab). 5. Form prescribed for recording confessionsThe annexed form for recording confessions taken under Section 164 has been prescribed and should invariably be used.
COMMENTS The police investigating agency in our country has not yet acquired the reputation of being proof against the temptation of attempting to secure confessions by questionable methods; the Magistrates recording confessions are therefore expected to devote due attention to all the safeguards provided for ensuring their truly voluntary character. The judicial officers administering criminal law should not ignore that in a civilized and free society, it is largely through justice that the position of the liberty of the subject and of the rule of law is measured. Mohan Singh Balwant Singh v. State, AIR 1965 Punjab 291.

Record of a Confession made by an Accused Person (Section 164 of the Code of Criminal Procedure)

. . . . . . . . . . . . . . Division. In the Court of. . . . . . . . . . . . . . . . . . . . . The State versus The confession . . . . . . . . . . . . . . of. . . . . . . . . . . . . . taken by me. . . . . . . a *Magistrate of the . . . . . . . District, this . . . . . . . day of. . . . . . . 19 . . . . . . .
Memorandum of Enquiry

(The Magistrate shall first, as required by Section 164(3), Code of Criminal Procedure, explain to the accused person that he is not bound to make a confession, and that if he does so, it may be used as evidence against him and shall then put and record answers to the following questions. If the answers are of such a character as to require him to do so, he should put such further questions as may be necessary to enable him to judge whether the accused person is acting voluntarily. In arriving at his conclusion on this point the Magistrate should consider inter alia the period during which the accused person has been in Police custody and make sure that the confession is not the result of any undue influence of ill treatment. Special care should be taken when women or children are produced by the Police for their confessions being recorded). Q.Do you understand that you are not bound to make a confession? A Q.Do you understand that your statement is being recorded by a Magistrate, and that if you make a confession, it may be used as evidence against you ? A

Q.Understanding these two facts, are you making a statement before me voluntarily? A
Statement of accused (Make of signature of accused).

*Magistrate. I have explained to . . . . . . . that he is not bound to make a confession, and that if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it, and admitted by him to be correct, and it contains a full and true account of the statement made by him. *Magistrate. Dated. . . . . . . 6. Instructions for recording confessionsUnless there are exceptional reasons to the contrary, confessions should be recorded in open Court and during Court hours. Police officers investigating the case should not be present except as is provided in paragraph 16 below. 7. Accused who has made a confession should not be kept in Police custody, but should be kept in Judicial lock-up separate from other prisonersAn accused person who has made confession before a Magistrate should be sent to the judicial lock-up and not made over to the Police after the confession has been recorded. If the Police subsequently require the accused person for the investigation, a written application should be made giving reasons in detail why he is required, and an order obtained from the Magistrate for his delivery to them for the specific purposes named in the application. If an accused person, who has been produced before a Magistrate for the purposes of making a confession, has declined to make a confession or has made a statement which is unsatisfactory from the point of view of the prosecution, he should not be remanded to Police custody. NoteIn districts in which the experiment of separation of judiciary form the executive is being tried, the confession should be recorded by a Judicial Magistrate. (Punjab Government Letter No. 16848-G-55/11327, dated the 16th February, 1956). 8. When remanding to the lock-up an accused person who has made a confession, the Magistrate shall record an order for him to be kept separate from other prisoners as far as may be practicable. 9. Accused can be examined to explain the prosecution evidence against him and not to fill up gaps in that evidenceSection 342 of the Code [Section 313 of new Code] empowers the Court to put questions to the accused at any stage of enquiry or trial to enable him to explain any circumstances appearing in evidence against him. The questions put under this section must be

confined to the points brought out in the evidence and should not be in the nature of crossexamination of the accused person. Nor should the power given by the section be used to elicit information from the accused to fill up gaps in the prosecution evidence (Vide, I.L.R. 4 Lahore 55). For, the conviction of an accused person can only be based on the evidence produced by the prosecution. No oath can be administered to the accused when he is examined under Section 342 and the answers given by him can only be taken into consideration in explanation of the prosecution evidence.
COMMENTS The petitioner was convicted of an offence under section 500 of the Indian Penal Code, for having defamed an Extra Assistant Commissioner by publishing an imputation that the latter had compelled him to pay a bribe in order to avoid a prosecution for a certain offence. The petitioner wanted to produce evidence as to the complainant having taken bribes on other occasions, and general evidence as to the complainants reputation, but this was disallowed by the trial Court. Held that evidence as to the complainant having taken bribes on other specific occasions would be irrelevant, but that the petitioner was entitled to produce evidence to show that the complainant had the reputation of being a bribe-taker. Devi Dyal vs. The Crown, (1923) I.L.R. IV Lah. 55. (Scott vs. Sampson, (1882) 8 Q. B. D. 491, and Odgers on Libel and Slander, 5th Edition, page 402, referred to.) It was incumbent on the prosecution to prove that the petitioner made or published the imputation complained of notwithstanding that the petitioner when examined under section 342 of the Code of Criminal Procedure admitted the publication, as a gap in the prosecution evidence could not be filled up by such a statement. A Magistrate is not entitled under section 342 of the Code to put questions to the accused if the prosecution has not let in evidence implicating him in the offence with which he is charged, and answers to questions put in contravention of that section are not admissible in evidence against the accused. Devi Dyal vs. The Crown, (1923) I.L.R. IV Lah. 55. ((Mohideen Abdul Qadir vs. Emperor, (1903) I.L.R. 27 Mad. 238, and Re Abibulla Ravuthan, (1915) I.L.R. 39 Mad. 770, referred to.)

10. Accused can be questioned generally on the case only after prosecution evidence has been finishedThe Magistrate is allowed by Section 342 of the Code of Criminal Procedure to examine the accused at an early stage of the case for the purpose of enabling him to explain any circumstances appearing in the evidence against him. This provision is intended for the benefit of the accused, and must not be used to elicit his defence before the prosecution evidence is complete. Magistrate sometimes question the accused generally on the case as soon as a prima facie case has been made out, but before the prosecution evidence is complete. This is incorrect. According to the second part of clause (1) of Section 342, it is only after the completion of the prosecution evidence that the accused can be questioned generally on the case. The necessity for postponing such examination is not avoided by framing a charge at an early stage. Even when a charge has been framed, the Magistrate should wait until the prosecution evidence is concluded before making a general examination of the accused. 11. Failure to examine accused at the close of prosecution evidence vitiates the trial Section 342 [Section 313 of new Code] makes it obligatory for a Court to examine the accused generally on the case after the witnesses for the prosecution have been examined and before the accused is called for his defence. Even when an accused person has been examined at an earlier stage the Court must examine the accused generally after the close of the prosecution case and before the accused is called upon to produce his defence, so as to give him an opportunity to explain any points, which were not included in the questions put to him at earlier stages. Failure to examine the accused at the close of the prosecution evidence has been held to be an illegality which vitiates the trial (Vide 7 I.L.R. Lahore 564).

COMMENTS Where the accused was questioned by the Court after two witnesses for the prosecution had given evidence, and, a charge having then been framed to which the accused pleaded not guilty, four more witnesses were examined for the prosecution and then the defence evidence taken, the accused not being further questioned by the Court. Held, that the provisions of section 342 (1) of the Criminal Procedure Code are mandatory and that the conviction and sentence must therefore be set aside, the trial be resumed from the close of the prosecution case, and the accused be examined before entering upon his defence. Lachhman Singh vs. The Crown, (1926) I.L.R. VII Lah. 564. (Surendra Lal Shaha vs. Isamaddi, (1924) 84 I. C. 325, and Hamid Ali vs. Sri Kissen Gosain, AIR 1925 Cal. 574, followed.)

12. The mandatory provisions of Section 342 of the Code of Criminal Procedure apply as much to Sessions Judges as to Magistrate. Even when the Committing Magistrates has complied with the requirements of this section, it is not sufficient for the Sessions Court to refer to the statement of the accused as recorded by the Committing Magistrate and the Sessions Judge must make independent enquiry from the accused in the manner provided in the section. (Vide, 1951 Supreme Court Reports 729.)
COMMENTS When the Sessions Court is required to make the examination under Section 342, the evidence referred to is the evidence in the Sessions Court and the circumstances which appear against the accused in that Court. It is not therefore enough to read over the questions and answers put in the Committing Magistrates Court and ask the accused whether he has anything to say about them. Moreover the evidence recorded in the Committal Magistrates Court is not as full and as complete as the evidence recorded in the trial before the Sessions Judge. Accordingly, it often happens that evidence is given in the Sessions Court and facts are disclosed which do not appear on the record of the Committing Magistrate. If the Judge intends to use these against the accused, it is clearly not enough to question him about matters which occurred in the Committal Court: Tara Singh vs. The State, AIR 1951 441 : 1951 SCR 729.

13. Written Statement of accusedUnder Sections 251-A (8) [Section 243(1) of new Code] and 256 of the Code [Sections 246 and 247 of new Code] if the accused person puts in a written statement, it should be filed with the record. But a written statement of this kind does not relieve the Court of the duty of examining the accused in Court after the close of the prosecution evidence as laid down in Section 342. There should be no reading out of written statements by accused persons, but in Sessions and Jury trials so much of the statement as shall appear to the Sessions Judge to be relevant, shall be read out to the jury. 14. Mode of recording examination of accusedSection 364 provides the mode in which the examination of an accused person is recorded. The questions put to the accused and the answers given by him should be distinctly and accurately recorded, but the accused must confine himself to relevant answers to the questions asked by the Court. Section 364 [Section 281 of new Code] does not prevent a Court from refusing to record irrelevant answers to questions put by it to the accused under Section 342 [Section 313 of new Code]. If necessary, the Court may even prevent the accused making lengthy irrelevant answers. The examination of the accused should be recorded in the language in which he is examined, and if that is not practicable in the language of the Court or in English. In cases in which examination is not recorded by the Magistrate or Judge himself he must record a memo, thereof in the language of the Court or in English if he is sufficiently acquainted with the latter language. The examination must be read over to the accused and made conformable to what he declares to be the truth. The Magistrate or Judge must

then certify under his own hand that the examination was taken down in his presence and hearing, and that the record contains a full and true account of what was stated. 15. When evidence may be led to prove that accused duly made the confession or statementUnder Section 533 of the Code [Section 463 of new Code] if any Court, before which a confession or other statement of an accused person recorded or purporting to be recorded under Section 164 or Section 364 [Section 281 of new Code] is intended to be or has been received in evidence, finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it must take evidence that such person duly made the statement recorded and such a statement may then become admissible in evidence not withstanding the provisions of Section 91 of the Indian Evidence Act, provided the error has not prejudiced the accused as to his defence on merits. 16. Instructions about recording confessions(i) The following instructions have been issued by the Punjab Government for the guidance of Magistrates recording confessions (Punjab Government circular Letter No. 6091-J.-36/39329 (H.Judl.), dated the 19th December 1936, to all District Magistrates in the Punjab) : (a) Accused should be left for some time away from influence of PoliceIn order to ensure that a statement or confession under Section 164 of the Code of Criminal Procedure is made voluntarily, the following precautions should be taken. Before the Magistrate proceeds to record the confession, he should arrange so far as is compatible with his safety and that of his staff and with the safe custody of the prisonerthat the latter is left for some time (say, for half an hour) out of the hearing of police officers or other persons likely to influence him. (b) Confession recorded should not be handed over to the PoliceThe Magistrate who records a confession under Section 164, Criminal Procedure Code, should not hand over the document after completion to the Police Officer in charge of the prisoner, but should forward it as required by sub-section (2) of that section direct to the Magistrate by whom the case is to be enquired into or tried. (c) Copy of recorded confession may be given to PoliceThese instructions do not prohibit a Magistrate who has recorded a confession or statement from allowing the Police to take a copy of it before it is forwarded to the trial Magistrate; and Magistrates should always permit the Police to take a copy if they express a desire to do so. When permission is so given the Police copy should be written out by a Police Officer or clerk from the dictation of an officer of the Court, in the actual presence of the Magistrate who recorded the confession. Time and labour can be saved if the Magistrate recording a confession makes a carbon copy which can subsequently be made available for Police purposes, or alternatively dictates a copy to an official of the Court at the same time as he himself rites the original. 17. Section 343-A [Section 315 of new Code], inserted in the Code by Act No. 26 of 1955, provides that an accused person shall be competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial. This, however, is subject to the exception that the accused shall not be

so examined except on his own request in writing. Moreover the Court or any of the parties cannot make the failure of the accused to put himself in the witness box a subject of any comment or presumption against the accused or any person charged with him at the same trial.

CHAPTER 13-A
Ch. 13-A]

Dying Declarations
(Inserted vide Correction Slip No. 12-Rules/XII F-8, dated 26th May, 1966).

1. Statements made by a person as to the cause of his death or as any of the circumstances of the transaction which resulted in his death are themselves relevant facts and admissible in evidence under Section 32(1) of the Indian Evidence Act in cases in which the cause of the persons death comes into question. A statement commonly known dying declaration constitutes such an important evidence in criminals that their Lordships of the Supreme Court ruled in Khushal v. State of Bombay (AIR 1958 SC 22), which was followed in Singh v. The State (AIR 1962 SC 439) that it could form the sole basis of conviction. It is thus necessary that a Court trying the case should have before it a correct and faithful record of the statement made by the dead person. As far as possible the dying declaration should be recorded in the manner hereinafter prescribed, and in the event of death of the person making it, should be submitted at the enquiry or trial.
COMMENTS The law does not make any distinction between a dying declaration in which one person is named and a dying declaration in which several persons are named as culprits. A dying declaration implicating one person may well be false while a dying declaration implicating several persons may be true. Just as when a number of persons are mentioned as culprits by a person claiming to be an eye-witness in his evidence in Court the Court has to take care in deciding whether he has lied or made a mistake about any of them, so also when a number of persons appear to have been mentioned as culprits in a dying declaration the Court has to scrutinise the evidence in respect of each of the accused. But it is wrong to think that a dying declaration becomes less credible if a number of persons are named as culprits. Harbans Singh and Another, vs. State of Punjab, AIR 1962 SC 439. It cannot be laid down as an absolute rule of law that a dying declaration cannot form the sole basis of conviction unless it is corroborated; each case must be determined on its own facts keeping in view the circumstances in which the dying declaration was made; it cannot be laid down as a general proposition that a dying declaration is a weaker kind of evidence than other pieces of evidence; a dying declaration stands on the same footing as another piece of evidence and has to be judged in the light of surrounding circumstances and with reference to the principles governing the weighing of evidence; a dying declaration which has been recorded by a competent magistrate in the proper manner, that is to say, in the form of questions and answers, and, as far as practicable, in the words of the maker of the declaration, stands on a much higher footing than a dying declaration which depends upon oral testimony which may suffer from all the infirmities of human memory and human character, and in order to test the reliability of a dying declaration, the Court has to keep in view, the circumstances like the opportunity of the dying man for observation, whether the capacity of the man to remember the facts stated, had not been impaired at the time he was making the statement, by circumstances beyond his control; that the statement has been consistent throughout if he had several opportunities of making a dying declaration apart from the official record of it; and that the statement had been made at the earliest opportunity and was not the result of tutoring by interested parties. Khushal Rao, vs. State of Bombay, AIR 1958 SC 22, (In re, Guruswami Tevar, I.L.R. 1940 Mad. 158: A. I. R. 1940 Mad. 196 approved) In order to pass the test of reliability, a dying declaration has to be subjected to a very close scrutiny, keeping in view the fact that the statement has been made in the absence of the accused who had no opportunity of testing the veracity of the statement by cross-examination. But once, the Court has come to the conclusion that the dying declaration was the truthful version as to the circumstances of the death and the assailants of the victim, there is no question of further corroboration. If, on the other hand, the Court, after examining the dying declaration in all its aspects, and testing its veracity, has come to the conclusion that it is not

reliable by itself, and that it suffers from an infirmity, then, without corroboration it cannot form the basis of a conviction. Thus, the necessity for corroboration arises not from any inherent weakness of a dying declaration as a piece of evidence, but from the fact that the Court, in a given case, has come to the conclusion that particular dying declaration was not free from the infirmities. Observations in A.I.R. 1953 S. C. 420, held to be in the nature of obiter. Khushal Rao, vs. State of Bombay, AIR 1958 SC 22.

2. Dying declarations to be recorded by Judicial Magistrates(i) Where a person whose evidence is essential to the prosecution of a criminal charge or to the proper investigation of an alleged crime, is in danger of dying before the enquiry proceedings or the trial of the case commences, his statement, if possible, be got recorded by a Judicial Magistrate. When the police officer concerned with the investigation of the case or the medical officer attending upon such person apprehends that such person is in the danger of dying before the case is put in Court, he may apply to the Chief Judicial Magistrate, and, in his absence, to the seniormost Judicial Magistrate present at the headquarters, for recording the dying declaration. (ii) On receiving such application, the Judicial Magistrate shall at once either himself proceed, or depute some other stipendiary Judicial Magistrate to record the dying declaration.
COMMENTS It is mandatory for the investigating officer to apply to Chief Metropolitan Magistrate to depute some Magistrate for recording of dying declaration. Smt. Madhu Bala vs. State (Delhi Admn.), 1989 (17) DRJ 178 : 1990 CrLJ 790.

3. Fitness of the declarant to make the statement should be got examinedBefore proceeding to record the dying declaration, the Judicial Magistrate shall satisfy himself that the declarant is in a fit condition to make a statement, and if the medical officer is present, or his attendance can be secured without loss of time, his certificate as to the fitness of the declarant to make a statement should be obtained. If, however, the circumstances do not permit waiting or the attendance of the Medical Officer, the Judicial Magistrate may in such cases proceed forthwith to record the dying declaration but he should note down why he considered it impracticable or inadvisable to wait for a doctors attendance. 4. The statement of the declarant should be in the form of a simple narrativeThe statement, whether made on oath or otherwise, shall be taken down by the Judicial Magistrate in the form of a simple narrative. This, however, will not prevent the Judicial Magistrate from clearing up any ambiguity, or asking the declarant to disclose the cause of his apprehended death or the circumstances of the transaction in which he sustained the injuries. If any occasion arises for putting questions to the dying man, the Judicial Magistrate should record the question also the answers which he receives. The actual words of the declarant should be taken down and not merely their substance. As far as possible the statement should be recorded in the language of the declarant or the Court language. 5. Signatures or thumb impression of the declarant to be obtained to token of the correctness of the statementAt the conclusion of the statement, the Judicial Magistrate shall read out the same to the declarant and obtain his signature or thumb-impression in token of its correctness unless it is not possible to do so. The dying declaration shall be placed in a sealed cover and transmitted to the Judicial Magistrate having jurisdiction to deal with the case to which it relates.

COMMENTS In case where the MLC report shows that the injuries were not such that the thumb impression of the deceased could not be obtained and yet the SDM and the investigating officer did not get the signatures or thumb impression, then such declaration is not to be acted upon. Smt. Madhu Bala vs. State (Delhi Admn.), 1989 (17) DRJ 178 : 1990 CrLJ 790.

6. Recording of Dying declarations at a place away from the District HeadquartersWhere in an emergency a dying declaration has to be recorded at a place away from the District Headquarters the investigated officer or the medical officer attending upon the dying man shall apply the nearest Judicial Magistrate to record the dying declaration, and the Judicial Magistrate shall immediately proceed to the spot and take the statement of the dying man in the manner stated above. This, however, would not prevent the medical officer or the police officer connected with the investigation of the case from recording the dying declaration if he is of the opinion that death is imminent and there is no time to call a Judicial Magistrate. In such cases the police to the medical officer concerned must note down why it was not considered expedient to apply to a Judicial Magistrate for recording the dying declaration or to wait for his arrival. 7. Recording of a Dying declaration by a Police Officer or Medical OfficerWhere a dying declaration is recorded by a Police Officer or a Medical Officer, it shall, so far as possible, be got attested by one or more of the persons who happen to be present at the time. 8. Fitness of the Declarant to make a statement to be certified by the Judicial Magistrate or other officer concernedThe Judicial Magistrate or other officer recording a dying declaration shall at the conclusion of the dying declaration certify that the declarant was fit to make a statement and it contained a correct and faithful record of the statement made by him as well as of the questions, if any, that were put to him by the justice recording the statement. If the accused or his counsel happens to be present at the time the dying declaration is recorded, his presence and objection, if any, raised by him shall be noted by the Judicial Magistrate or the officer recording the dying declaration, but the accused of his counsel shall not be entitled to crossexamine the declarant. 9. Dying Declaration should be a free and spontaneousIt is the duty of the person recording a dying declaration to take every possible question to ensure the making of a free and spontaneous statement by the declarant without any prompting, suggestion or aid from any other justice. 10. Welfare of the injured personsThe Judicial Magistrate, medical officer and police officials must all realize that the welfare of the injured person should be their first consideration, and in no circumstances must be proper medical treatment be impeded or delayed simply to obtain the dying declaration of the injured person.

CHAPTER 14
Ch. 14]

Approvers
1. DefinitionThe term approver is neither defined nor used in the Criminal Procedure Code, but is usually applied to a person, supposed to be directly or indirectly concerned in or privy to an offence to whom a pardon is granted under Section 337 of the Code [Section 306 of new Code] with a view to securing his testimony against other persons guilty of the offence. The procedure laid down in Section 337 [Section 306 of new Code] has often to the resorted to in this State in cases of organised crime like dacoities, when no independent evidence is available to bring the offenders to book. 2. When pardon may be tendered and by whomThe scope of Section 337 [Section 306 of new Code] has been widened by the amendments made by Act No. 26 of 1955. Now besides the other offences specified in sub-section (1), a tender of pardon can be made in cases of all offences punishable with imprisonment of seven years or more. A Magistrate exercising powers inferior to those of a Magistrate of the first Class cannot tender a pardon, and Magistrate of the first class can do so only if the case is under inquiry or trial by him or (with the sanction of the District Magistrate) if he has jurisdiction in the place where the offence might be tried or inquired into, and it is still under investigation. 3. Reasons for tendering pardon should be recorded and extent of pardon explained to the intended approverThe reasons for tendering a pardon to any person must be stated. In the cases in which a pardon is tendered, the intended approver should always be made clearly to understand the extent of the pardon offered to him : it should be explained to him that he is being tendered a pardon and will not be prosecuted in respect of such and such a case, and no others. 4. Only High Court or Sessions Court or Special Judge to try cases in which pardon has been tenderedWhen a Magistrate has tendered a pardon to any person and examined such person, the case cannot be tried by any Court other than the High Court or the Court of Session or in cases of offences punishable under Section 161 or 165-A of the Indian Penal Code or under the Prevention of Corruption Act, 1947 (II of 1947) by any Court other than the Special Judge appointed under the Criminal Law Amendment Act, 1952 (XLV of 1952). 5. Testimony of an approver generally requires corroboration for convictionThe evidence of an approver being that of an accomplice is prima facie of a tainted character, and has therefore to be scrutinised with the utmost care and accepted with caution [cf. 2 P. R. 1917 (Cr.)]. As a matter of law, pure and simple, a conviction is not bad merely because it proceeds upon the

uncorroborated testimony of an accomplice (vide Section 133 of the Indian Evidence Act). But it has now become almost a universal rule of practice not to base a conviction on the testimony of an accomplice unless it is corroborated in material particulars. As to the amount of corroboration which is necessary, no hard and fast rule can be laid down. It will depend upon various factors, such as the nature of the crime, the nature of the approvers evidence, the extent of his complicity and so forth. But as a rule corroboration is considered necessary not only in respect of the general story of the approver, but in respect of facts establishing the prisoners identity and his participation in the crime. 6. The danger of accepting approvers evidence without corroboration should be pointed out to the juryIn cases tried with the aid of a jury, the evidence of an approver should not be left to the jury without such directions and observations from the Judge as the circumstances of the case may require, pointing out to them the danger of accepting such evidence in the absence of corroboration. The omission to do so is an error in summing up and is on appeal a ground for setting aside a conviction when the Appellate Court thinks that the prisoner has been prejudiced thereby and there has been a failure of justice. 7. If approver gives false evidence he can be tried for the offence and also for perjuryAn approver is under the condition of his pardon bound to make a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof. If the approver fails to comply with this condition and gives false evidence, he is liable to be prosecuted for the offence in respect of which pardon was granted and also for perjury. He cannot, however, be tried for the former offence except upon a certificate granted by the Public Prosecutor as laid down in Section 339 [Section 308 (1) of new Code]. Sanction of the High Court is necessary for his prosecution for giving false evidence. An application to the High Court for sanction to prosecute an approver, for giving false evidence should be by motion on behalf of the State and not by a letter of reference (cf. 10 P. R. 1904). 8. Approver should be kept in judicial custody until close of trialAn approver accepting a pardon under Section 337, Criminal Procedure Code [Section 306 of new Code], has to be detained in custody until the termination of the trial. The word custody as used in Section 337 (3) [Section 306(4) (b) of new Code], Criminal Procedure Code has not been defined anywhere in the Code, but the High Court has held recently that this custody means judicial and not Police custody. The detention of an approver, therefore, must be in a judicial lock-up under the orders of any Court. The practice of detaining approvers in Police custody is not correct.

CHAPTER 15
Ch. 15

Proceedings Against Absconders and Record of Evidence in their Absence

Part A MEASURES TO ENFORCE APPEARANCE
Part A]

1. Attachment and sale of propertySections 87 and 88 of the Code of Criminal Procedure [Sections 81, 82, 83 and 84 of new Code] provide for the attachment and sale of the property of any accused person or witness whose presence is required by a Criminal Court as a last remedy for compelling his attendance. The procedure laid down must be strictly followed, otherwise the attachment and subsequent sale will be liable to be set aside. The proper forms for the proclamation, attachment etc., to be used in such proceedings are given in Schedule V of the Code. 2. ProclamationNo proclamation can issue under Section 87 unless a warrant has issued in the first instance and the Court has reason to believe that the person against whom it was issued has absconded or is concealing himself so that such warrant cannot be executed. The proclamation must fix a date for the appearance of the person at a specified place and that date must be not less than thirty days from the date of the publication of the proclamation. The proclamation must be published in the manner specified in sub-section (2) of Section 87 [Sections 81, 82, 83 and 84 of new Code], and the Court should be careful to record the statement as records the due publication of the proclamation as required by sub-section (3) of that section. The Court has the discretion to issue an order for attachment of property simultaneously with the issue of a proclamation. Section 88 (as amended in 1923) now provides for the summary investigation of claims of objectors to the attachment by Magistrates. The decision of the Magistrate can be challenged by a civil suit within a year. 3. Consequences of non-appearance of proclaimed person : Sale of propertyIf the proclaimed person does not appear within the time specified in the proclamation, the property under attachment remains at the disposal of Government. It can be sold at once at the discretion of the Court when it is liable to speedy decay if the Court considers that the sale would be for the benefit of the owner. But, otherwise it cannot be sold until the expiration of six months from the attachment and until the disposal of claims of objectors (if any) by the Magistrate. 4. Directions for sale : Only life interest can be sold in certain casesIn conducting sales, the interest of the absconding person in the attached property which is to be sold should be clearly specified so as to avoid complications in the future. It has been held by a Full Bench of

the Punjab Chief Court that only the life-interest of an absconder governed by agricultural custom in ancestral immovable property can be sold under Sections 87-88, Criminal Procedure Code. As a result the reversioners of the absoconder have a right to claim such property after the death of the absconder (See 18 P. R. 1908 F. B., 52 P. R. 1915). 5. Property or its proceeds may be given to absconder if he appears before CourtIf the absconder appears or is apprehended and brought before the Court within two years from date of the attachment of his property and satisfies the Court (i) that he did not abscond or conceal himself for the purpose of evading execution of the warrant, and (ii) that he had no such notice of the proclamation as could enable him to attended within the specified time, he can get the property back or its net proceeds if it has been sold (Section 89).
Part B]

Part B RECORD OF EVIDENCE IN THE ABSENCE OF THE ACCUSED

1. IntroductoryThe provisions of the Code of Criminal Procedure in regard to the taking and recording of evidence in the absence of accused persons are important and should not be overlooked. 2. Evidence recorded in absence of the absconding accused may be used against him in certain casesSection 512(1) [Section 299 of new Code] provides that whenever it is proved that an accused person has absconded and there is no immediate prospect of arresting him, any Court competent to try or commit such person for trial for the offence complained or may, in his absence, examine the witnesses produced for the prosecution and record their depositions, and such depositions may, on the arrest of the accused person, be used in evidence against him, if the deponent is dead or is incapable of giving evidence, or his attendance cannot be conveniently procured. It is also to be noted in connection with this the Section 164 enables a Magistrate to record, in the same manner as evidence, any statement regarding an offence made by an accused person whomsoever it may implicate. 3. Proceedings under Section 512Proceedings under Section 512 [Section 299 of new Code] should commence by evidence being taken and recorded (1) that the accused person has absconded, and (2) that due pursuit having been made, there is no immediate prospect of arresting him. 4. Medical evidence should be recorded in some casesIn cases where the crime has terminated fatally, or where medical evidence would ordinarily be required at the trial the evidence of the medical officer as to the cause of death or as to the injuries inflicted, should invariably be recorded. 5. In cases where the crime has been committed by some persons unknown and the offence is punishable with death or imprisonment for life, the High Court may order an inquiry similar to that under Section 512 (1) of the Code [Section 299 of new Code] and statements recorded in that inquiry can be used as evidence against the offender subsequently discovered.

6. Confession by accused implicating an absconder cannot be used after the execution of the confession caseIt should be remembered that confession by accused persons, who have been executed, implicating an absconder cannot be used after the execution of the confessor against the absconder, when the latter is found and placed upon his trial, as he is not being tried in a joint trial with the other, and has had no opportunity to cross-examine. (See Section 30 of the Indian Evidence Act, 1872).

CHAPTER 16
Ch. 16

Extradition and Foreign Jurisdiction (Criminal Courts)

Part A]

Part A EXTRADITION FROM BRITISH INDIA

1. DefinitionExtradition means the surrender of a fugitive offender by one State to another in which the offender is liable to be punished or has been convicted. The law of extradition is based on the broad principle that it is in the interests of all nations that crimes recognised as such by the civilized world should not go unpunished. 2. Law applicableThe Indian Extradition Act, 1903, deals with the surrender of fugitive criminals to States outside the British Empire. The Fugitive Offenders Act, 1881, 44 and (45 Victs. 69) deals with the surrender of fugitive offenders as between British possessions. 3. Procedure for surrender of fugitives to Indian and Foreign StatesThe Indian Extradition Act, 1903, defines a Foreign State as a State to which the English Extradition Acts, 1870 and 1873 apply. These are certain foreign countries (mostly in Europe and America) with which the British Government has entered into extradition treaties and to which the English Extradition Acts have been applied by an Order-in-Council. The procedure for surrender of fugitive criminals to such Foreign States is laid down in Chapter II of the Indian Extradition Act (which has been declared a part of the English Extradition Act, 1870, by an Order-in-Council, vide the appendix to this Chapter), while the procedure for surrender to States other than Foreign States is laid down in Chapter III of that Act. In the case of States other than Foreign States the procedure varies according as there is or is not an extradition treaty with the State concerned. If there is such a treaty, the procedure in Chapter III must be followed subject to the provisions of the treaty (vide Section 18). If there is no treaty, the procedure laid down in Chapter III will prevail. The Indian States come under the class of States dealt with in Chapter III and the procedure laid down in that chapter will therefore apply to them except in so far as it may have been modified or superseded by the provisions of a treaty (if any) with the State concerned. 4. Arrest and detention of fugitive criminal of Foreign StatesIn the case of Foreign States extradition of a fugitive criminal can be only obtained in respect of an extradition crime, i.e., a crime specified in the first schedule of the Extradition Act, 1870(vide definition of a fugitive criminal in the English Extradition Act, 1870) and on a requisition by the State concerned. Section 4 enables Magistrates to arrest fugitive criminals within their jurisdiction in certain circumstances, but they are required to report the arrest at once to the Government and

are not empowered to take further action unless they receive an order from the Government for an inquiry under Section 3, sub-section (1). An order for inquiry under that sub-section can only be issued on a requisition from the State concerned. No person can be detained in custody for more than two months unless such an order is received from the Government, and the fugitive may apply to the High Court for his release, if detained longer without such order. 5. Procedure in case of fugitives from Indian StatesIn cases falling under Chapter III also, similar procedure is prescribed, but the requisition can be made in respect of a person accused of having committed any offence in the territories of the State concerned (vide Section 9). In the case of States for which there is a Political Agent* the requisition must be made through such an Agent. Section 10 empowers Magistrates to arrest such persons found within their jurisdiction, in certain circumstances specified in the section, but here again the Magistrate must report their action to the Government or to the Political Agent, when there is such an Agent for the State concerned, and the person arrested cannot be detained in custody for more than two months without the sanction of the Government, unless an order for inquiry is issued under Section 9 or a warrant of arrest is issued by the Political Agent. *NoteThe expression Political Agent is not defined in the Indian Extradition Act. It is defined in the General Clauses Act, 1897, as follows : Political Agent shall include (a) The principal officer representing the Crown in any territory or place beyond the limits of British India, and (b) Any office appointed to exercise all or any of the powers of a Political Agent for any place not forming part of British India under the law for the time being in force relating to foreign jurisdiction and extradiction. 6. Warrant of arrest by Political Agents: Reference to Government and release of accused on bailA warrant of arrest under Section 7 can be issued by a Political Agent only if the following conditions are fulfilled: (i) The State for which the Political agent is appointed is not a foreign state. (ii) The offence is an extradiction offence, i.e., an offence specified in the First Schedule of the Indian Extradition Act, 1870. (iii) The person accused is not a European British subject (as defined in the Code of Criminal Procedure). A warrant of arrest issued by a Political Agent under Section 7 is sufficient authority for the arrest of the offender and his surrender to the State according to the tenor of the warrant. The District Magistrate to whom the warrant is issued has no authority to question the legality of the

warrant or to make any inquiry (vide 7 I.L.R. Lahore, Page 159) but he is authorised to record the statement of the accused person and has the discretion under Section 8-A to make a reference to the Provincial Government in the matter if he thinks it fit to do so and in the meantime he can release the accused person on bail. The latter section can be properly resorted to when, for instance, the District Magistrate finds the warrant to be defective (e.g. on account of its having been issued against a European British subject or for a non-extradition offence, etc.) on there are other good reasons for not surrendering the accused person to the State.
COMMENTS The responsibility for the legality of a warrant issued under section 7 of the Extradition Act rests with the officer by whom it was issued, and the Magistrate to whom it is addressed is not required to make any inquiries. Hans Raj vs. The Crown, (1926) I.L.R. VII Lah. 159. (Giyan Chand vs. King-Emperor, 3 P. R. (Cr.) 1909 followed.) Where therefore a warrant of arrest was issued against the petitioner at Gujranwala for an offence under section 420, Indian Penal Code, by the Political Agent in Indore State and sent to the District Magistrate at Gujranwala for execution, it was not the latter's duty to ascertain whether a prima facie case existed against the petitioner. Hans Raj vs. The Crown, (1926) I.L.R. VII Lah. 159.

7. Surrender of fugitives as between British possessionThe surrender of fugitive offenders as between British possessions is governed by the Fugitive Offenders Act, 1881, read with Chapter IV of the Indian Extradition Act. By an Order-in-Council, Chapter IV has been recognised as a part of the Fugitive Offenders Act, 1881 (vide Appendix). That Act is divided into two parts and the procedure varies according as the British possessions concerned are grouped together or not for the purposes of the Act. The Procedure in Part II applies in the case of possessions which are grouped and is comparatively simpler.
Part B]

Part B EXTRADITION TO BRITISH INDIA

1. When extradition from British possessions and other States is possibleExtradition of fugitive offenders who have fled from British India to other States is a matter governed by political and administrative considerations and not by legislationexcept where the State to which the offender has fled is a British possession. In the latter case extradition is governed by the Fugitive Offenders Act, 1881. The offences committed in British India to which the Act applies are piracy, treason, and any offence punishable under the Indian Penal Code with rigorous imprisonment for a term of twelve months or more or with any greater punishment (vide Section 19 of the Indian Extradition Act, 1903). 2. Authority competent to issue summonses, warrants, etc.With a view to ensure regularity of procedure in case where an offender has fled to a British possession it is directed that the powers of issuing and endorsing warrants and of issuing and endorsing summonses, and the powers generally conferred upon Magistrate by the Fugitive Offenders Act, 1881, should, as a rule be exercised, by the District Magistrate himself, or in cases of necessity, by only those subordinate Magistrates of the first class who are acquainted with English. 3. ProcedureEvidence should be taken that the person against whom the warrant is applied for has absconded; then evidence that an offence has been committed by such person should be faithfully and minutely recorded under Section 512 of the Code of Criminal Procedure. If upon

such evidence the Court issues a warrant, the warrant should be in the form prescribed by Section 75 and directed as required by Section 77. Evidence should be taken showing clearly that the offence charged is one to which the Fugitive Offenders Act applies, or at least a certificate from the Magistrate should be appended to the warrant, clearly showing that the offence charged is of that description. All the evidence should be taken, if possible, in the presence of the Police Officer to whom the warrant is addressed, and to whom it is desired that the fugitive offender should be delivered. 4. ProcedureA copy should be made of every deposition and every documentary exhibit : and each copy should contain a declaration, signed by the Magistrate as such, that it is a true copy of the deposition taken by himself or an exhibit produced to him, as the case may be. The whole of the copy of the record thus made should then be entrusted to the Police Officer to whom the warrant is addressed, who will be in a position authenticate every portion of it when produced by him in the possession in which the fugitive offender is. 5. Procedure where evidence is not taken in the presence of Police Officer entrusted with the execution of warrantWhen the presence of the Police Officer, who is to execute the warrant, cannot be obtained at the proceedings referred to, then each copy must, before being entrusted to the Police Officer, be sealed with the seal of the Governor of the State in which the proceedings were held. Although when the documents can be authenticated by the oath of a witness in the possession from which it is desired to procure the delivery of the offender, the seal of the Governor is not essential, it is expedient that the seal should be affixed whenever it can be conveniently done. 6. Identifying accusedIf the Police Officer entrusted with the execution of the warrant is unable to identify the accused he should be accompanied by some person able to identify the accused. 7. Approval of District Magistrate required when subordinate Magistrate taken action The approval of the District Magistrates should be obtained by Subordinate Magistrates where action under the Fugitive Offenders Act, 1881, seems requisite; and ordinarily action should be taken only by the District Magistrate himself; if this is not feasible, then by a Magistrate who knows English. 8. Evidence as to nature of offence when offender is to be obtained from United Kingdom In all future applications for the removal of an offender from the United Kingdom under the Fugitive Offenders Act, 1881 (44 and 45 Vict, Chapter 69), it must be proved by evidence that the acts with which the accused is charged amount, under the law in force in the British possession from which the application for his rendition has been received, to an offence punishable by 12 months imprisonment with hard labour or some greater punishment. 9. Evidence of a person having legal knowledge is advisableThe most convenient method of complying with these instructions will be to arrange that all applications of the nature in question shall be accompanied by the deposition of a judge, advocate, barrister, solicitor or any official in a position from which the knowledge of the law may be presumed, duly authenticated in the

manner provided for by Section 29 of the Fugitive Offenders Act, and containing the necessary evidence. The course indicated above should ordinarily be followed in future. 10. Evidence as to other mattersA deposition should also be taken of the following facts from any person competent to prove them : (1) The statute under which the charge is brought. (2) That such enactments is still in force. (3) That the facts charged if established by evidence constitute the offence dealt with by such statute. (4) That the offence dealt with in such statute is punishable in the territory by some punishment within the terms of Section 9 of the Fugitive Offenders Act, 1881. 11. Evidence of witnesses available in England may be suitable in some casesCases may occur in which the adoption of the above mentioned course would not be quite suitable. In such cases, since a point of Indian law may also be proved by oral evidence, arrangements can, if necessary, be made for the attendance of any competent witness who happens to be available in England at the time (e.g., judicial officers employed in India who are at home on leave, Advocates of the Indian High Courts, etc.) who would be able to furnish the necessary evidence. 12. Extradition from States outside British EmpireExtradition from States outside the British Empire is governed generally by treaties with the States concerned. In the case of the more important States such treaties exist. 13. Extradition from Indian States. Extradition from parts of India to which the Act does not extendThe most common class of cases occurring in British India are those where the offender escapes into an Indian Native State. For the procedure to be followed in cases where extradition is sought from Indian States (See Punjab Government Consolidated Circular No. 20).
Part C]

Part C JURISDICTION OF CRIMINAL COURTS IN REGARD TO OFFENCES COMMITTED BEYOND THE LIMITS OF BRITISH INDIA

1. Person liable to be triedSection 188 of the Code of Criminal Procedure renders British subjects and servants of Crown liable to be tried in British India for offences committed beyond the limits of British India in certain cases. 2. Persons liable to be triedWhen the act has been committed in British territory the nationality of the offender does not, of itself, prevent him from being subject to the law of India and the jurisdiction of its Courts, and the locality of the act is comparatively unimportant. But when the act has been committed beyond the limits of British India, it is necessary to ascertain whether the accused is or is not

(i) a Native Indian subject of His Majesty, or (ii) a British subject or (iii) a servant of the Crown. The locality of the act varies in importance according as the accused falls under one or the other of the above categories. 3. Liability or Crown servants and aliensA person, who is not a British subject, is ordinarily not bound by the law of India and is not subject to the jurisdiction of its Courts in respect of an act done by him outside British India. But an exception is created in the case of a servant of the Crown in respect of offences committed by him in the territories of any Native Prince or Chief. For such offences, a servant of the Crown, whether he is a British subject or not, is liable to be tried in British India. Whenever it appears to the Court that an alien is liable to its jurisdiction for an act done by him beyond the limits of British India the special provisions of the law which is held to give jurisdiction to the Court should be expressly stated. 4. Liability of Native Indian subjectsBy Section 188 of the Code or Criminal Procedure a Native Indian subject of His Majesty is liable to be dealt with by the British Courts in India for any offence committed by him in any place whatever beyond the limits of British India as if it had been committed at any place in British India at which he may be found; and he is liable to be punished for it, if it is an offence under the Indian Penal Code, by Force of Section 3 of that Code. 5. Liability of other British subjectsAny other British subject and any servant of the Crown is, by force of the same section, similarly liable to be punished in India in respect of any offence committed by him in any place in the dominions of a Native Prince or Chief in India. 6. Trial permissible only on the certificate of Political Agent or sanction of Government The proviso to Section 188 of the Code of Criminal Procedure requires that no charge as to any such offence as is referred to in that section shall be inquired into in British India, without a certificate of the Political Agent if there be one for the territory in which the offence is alleged to have been committed. If there is no Political Agent, the Sanction of the Provincial Government is necessary. 7. Even inquiry not permissible without certificateThe aforesaid proviso does not merely prohibit a trial upon a charge framed after an inquiry but even an inquiry into the accusation in the absence of a certificate, when requisite. The section itself, however, still leaves a Court competent to issue process, such as, a summons or a warrant or to take any other step which is merely preliminary to an inquiry. 8. Court should first record a finding where the offence has been committed It follows from what has been said that it is the duty of every Court, dealing with an accusation of an act alleged to be an offence and to have been committed in a place near the limits of British territory,

to inquire and ascertain and record a clear finding as to whether it has been committed within or beyond those limits. 9. Court to record a finding about nationality of offender and insert it in chargeIt is also the duty of every Court, dealing with an act alleged or found to have been committed beyond the limits of British India, to inquire and ascertain and record a clear finding as to whether the accused or is not a British subject, and if he is, whether he is a Native Indian subject of His Majesty. In every formal charge of an offence alleged to have been committed beyond the limits of British India, it should be explicitly stated either that the accused is not a British subject or if he is a British subject that he is a Native Indian subject of His Majesty or otherwise as the case may be. 10. Court to record a finding about nationality of offender and insert in chargeIt seems expedient to add (1) that a Magistrate is not a liberty to shirk an inquiry into nationality of an accused person merely because it may appear to him a question of nicety or difficulty, and (2) that a Magistrate is not competent to dispense with the enforcement of the law and absolve a British subject from the penal consequences of an offence, prima facie established against him, merely because the offence was not committed within limits of British India. Both these mistakes were found to have been committed in 9 P.R. (Cr.) 1893. 11. Nationality of accusedIn cases in which the question of nationality arises the rulings of the Chief Court 22 P.R. (Cr.) 1883,1.P.R. (Cr.) 1885, 9 P.R. (Cr.) 1893 may be consulted. 12. Special rule of EvidenceSection 189 contains a special rule of evidence for inquiries and trials under Section 188. The object is to render admissible evidence taken before Courts which are not Criminal Courts of British India, in order to supply evidence which might not be otherwise procurable.
Part D]

Part D MISCELLANEOUS

1. Power of Police to arrest without warrantIt should be noted that Section 54(1) seventhly, of the Code of Criminal Procedure [Section 41 of new Code] authorises Police Officers to arrest, without an order from a Magistrate and without a warrant, persons liable under any law relating to extradition or under the Fugitive Offenders Act, 1881, to apprehension of detention in British India on account of offences committed at any place out of British India. Such persons may, under Section 23 of the Extradition Act, 1903 be detained under the orders of a Magistrate, within the local limits of whose jurisdiction the arrest was made, in the same manner and subject to the same restriction as a person arrested on a warrant issued by such Magistrate under Section 10. 1-A. States which have agreed to the procedure laid down as to the requisition of Police for fugitivesThe following instructions have been issued by Provincial Government: (1) All states in the Punjab State Agency. (2) All States in the Rajputana State Agency except the Jodhpur State. (3) The Kashmir StateIt has been brought to the notice of the Punjab

Government that applications made by the Police of India States for the arrest of fugitive offenders from their territories under the provisions of the seventh clause of Section 54(1) of the Criminal Procedure Code [Section 41 of new Code] are sometimes accompanied by no details which would assist the Magistrate before whom the alleged offender is produced to decide whether he should be released on bail or not. The Magistrate is thus placed in an unsatisfactory position when extradition is delayed and it is necessary to grant remands under Section 344 of the Criminal Procedure Code [Section 309 of new Code]. This difficulty has been the subject of correspondence with the Indian States adjoining the Punjab, and those noted in the margin have finally agreed to adopt the following procedure in such cases on the understanding that the Punjab Police will adopt a similar procedure when they wish to secure the arrest of fugitive offenders in Indian States. (i) Police may arrest on receipt of urgent communicationIn all cases of emergency or hot pursuit the Police should arrest a fugitive offender upon receipt of any urgent communication whether telegraphic, telephonic or in any other form to the effect that he is required to be arrested for an offence committed in a Part B States, without further enquiry. (ii) Urgent communication should be followed within a fortnight by particulars of the case and evidence against the offenderAs soon as possible after an urgent communication has been made, particulars of the facts of the case and of the nature of the evidence against the wanted man should be forwarded to enable the Magistrate before whom he is produced to decide whether or not he should be released on bail. If these particulars are not furnished within a fortnight of the original urgent request, the Magistrates should ordinarily release the accused on bail. (iii) Urgent communication should be followed within a fortnight by particulars of the case and evidence against the offenderIt is not necessary that the information to be supplied by the officer applying for the arrest of the offender should be in any particular form, and it would suffice if as full precise of the evidence at his disposal as he can conveniently prepare, is forwarded. (iv) Procedure in non-emergent casesExcept in an emergency, particulars should be sent alongwith the written request for the arrest of the fugitive offender. If such particulars are not forwarded offender, the police are under no obligation to make the arrest, and, if an arrest is made, the Magistrate should release the accused on bail, pending receipt of a warrant under Section 7 of the Indian Extradition Act, 1903. (Punjab Government Letter No. 8817-P.G.-36/36663, dated the 25th November, 1936). 2. Surrender of criminal confined in British JailsThe provision of Section 40 of the Prisoners Act (III of 1900) do not apply to cases where a Court in an Indian States desires the extradition of a person confined in a jail in a Province of British India and accused by such Court of an extradition offence and consequently there is no necessity in cases of this nature for an application to the Provincial Government of the province in which the accused is confined. The Extradition Act itself provides for the surrender of criminals confined in British Jails as well as for the surrender of criminals who may be at large. A District Magistrate is, therefore, bound to

act in pursuance of a warrant under Section 7 of the Extradition Act, whether the accused is a prisoner in jail, or not without any instructions from the Provincial Government. As regards prisoners so dealt with, however, it is under Section 11 of the Act, a condition of surrender, that a criminal extradited shall be resurrendered on the termination of his trial for the offence for which his surrender has been asked.
APPENDIX

Re Chapters of the Indian Extradition Act adopted as part of English ActsThe following Rules and Orders issued by the Central Government and Provincial Government, regarding the extradition of criminals and foreign jurisdiction are published for the guidance of the Courts.
IGovernment of India Notification No. 1860-I-A., Dated the 13th May, 1904

The following Orders of His Majesty the King in Council, which were published in the London Gazette, dated the 8th March, 1904, are republished for general information: At the Court at Buckingham Place, the 7th day of March, 1904.
Present

The Kings Most Excellent Majesty in Council. Whereas by Section 18 of the Extradition Act, 1870 it is, amongst other things, enacted that if by any law made after the passing of the said Act by the Legislature of any British Possession, provision is made for carrying into effect within such Possession the surrender of fugitive criminals who are in, or suspected to being in, such British Possession. His Majesty may be by the Order in Council applying the said Act in the case of any Foreign State, or by any subsequent Order, direct that such law or any part thereof shall have effect in such British Possession with or without modifications or alterations, as if it were part of the Act: And whereas an Act, entitled The Indian Extradition Act, 1903, has been passed by the Governor-General of India in Council and it is expedient to declare that Chapter II of the Act shall have effect as if it were part of the Extradition Act, 1870: Now, therefore, His Majesty, in pursuance of the Extradition Act, 1870, and in exercise of the power in that behalf in the said Act contained, both by this present Order, by and with the advice of His Privy Council, declare that Chapter II of the Indian Extradition Act, 1903, shall have effect in British India as if it were part of the Extradition Act, 1870. And the Right Honorable St. John Brodrick one of His Majestys Principal Secretaries of State, is to give the necessary directions herein accordingly. At the Court at Buckingham Palace, the 7th day of March 1904.

Present

The Kings Most Excellent Majesty in Council. Whereas Section 32 of the Fugitive Offenders Act, 1881, it is amongst other things, enacted that if the Legislature of a British Possession pass any Act or Ordinance : (1) for defining the offences committed in that Possession to which this Act or any part thereof is to apply; or (2) for determining the Court, Judge Magistrate, Officer or person by whom and the manner in which any jurisdiction or power under this Act is to be exercised; or (3) payment of the costs incurred in returning a fugitive or a prisoner or in sending him back if not prosecuted or if acquitted, or in otherwise in the execution of this Act; or (4) in any manner for the carrying of this Act or any part thereof into effect in that Possession, it shall be lawful for His Majesty by Order in Council to direct, if it seems to His Majesty in Council necessary or proper for carrying into effect the objects of this Act, that such Act or Ordinance or any part thereof, shall, with or without modification or alteration, be recognised and given effect to throughout His Majest ys Dominions and on the high seas as if it were part of this Act: And whereas an Act entitled This Indian Extradition Act, 1903, has been passed by the Governor-General of India in Council, and it is expedient to declare that Chapter IV of the Act shall have effect as if it were part of the Fugitive Offenders Act, 1881: Now, therefore, His Majesty, in pursuance for the Fugitive Offenders Act, 1881, and in exercise of the power in that behalf in the said Act contained, doth by this present Order, by and with the advice of His Privy Council, declare that Chapter IV of the Indian Extradition Act, 1903, shall be recognised and given effect to throughout His Majestys Dominions and on the high seas as if it were part of the Fugitive Offenders Act, 1881. And the Right Honourable St. John Brodrick one of His Majestys Principal Secretaries of State, is to give the necessary directions herein accordingly.
IIGovernment of India Notification No. 1861-I.A., Dated the 13th May, 1904.

Re date When the Act came into forceWith reference to the notification of the Government of India in the Foreign Department, No. 1860-I.A., dated the 13th May, 1904, and in exercise of the power conferred by Section 1, sub-section (3) of the Indian Extradition Act, 1903, (XV of 1903, the Governor General in council is pleased to direct that the said Act shall come into force on the 1st day of June, 1904).
IllGovernment of India Notification No. 1862-I.A., Dated 13th May, 19041

Re Issue of warrant, trial of accused and execution of sentenceIn exercise of the powers conferred by the Indian (Foreign Jurisdiction) Order in Council, 1902, and by Section 22 of the Indian Extradition Act, 1903 (XV of 1903) and in supersession of all previous rules on the same subject, the Governor-General in Council is pleased, with effect from the 1st day of June, 1904, to make the following rules, namely:

1. When political agent shall not issue a warrantThe Political Agent shall not issue a warrant under Section 7 of the Indian Extradition Act, 1903 (hereinafter referred to as the said Act), in any case which is provided for by Treaty, in the State concerned has expressly stated that it desired to abide by the procedure of the Treaty nor in any case in which a requisition for surrender has been made by or on behalf of the State under Section 9 of the said Act. 2. When he may issue a warrantThe Political Agent shall not issue a warrant under Section 7 of the said Act, except on a request preferred to him in writing, either by or by the authority of the person for the time being administering the Executive Government of the State for which he is a Political Agent or by any Court within such State which has been specified in this behalf by the Governor-General in Council or by the Governor of Madras or Bombay in Council as the case may be by notification in the official gazette. 3. Certificate when offender is a British subjectIf the accused person is a British subject, the Political Agent shall, before issuing a warrant under Section 7 of the said Act, consider whether he ought not to certify the case as one suitable for trial in British India, and he shall, instead of issuing such a warrant, so certify the case, if he is satisfied that the interests of justice and the convenience of witnesses can be better served by the trial being held in British India. 4. Preliminary inquiryThe Political Agent shall, in all cases before issuing a warrant under Section 7 of the said Act, satisfy himself, by preliminary inquiry that there is a prima facie case against the accused person. 5. Political Agent to decide to whom offender to be delivered(1) The Political Agent shall, before issuing a warrant under Section 7 of the Act, decide whether the warrant shall provide for the delivery of the accused persons. (a) to the Political Agent or to a British officer subordinate to the Political Agent with a view to his trial by Political Agent, or (b) to an authority of the State, with a view to his trial by the State Courts. (2) Before coming to a decision the Political Agent shall take the following matters into consideration: (i) the nature of the offence charged; (ii) the delay and trouble involved in bringing the accused person before himself; (iii) the judicial qualifications of the Courts of the State; (iv) whether he accused person is a British subject or not; and if he is a British (other than European British) subject, whether the Courts of the State, either, by custom or by recognition, try such British subjects surrendered to them; and

(v) whether the Courts of the State have by custom, or by recognition, power to inflict the punishment which may be inflicted under the Indian Penal Code for an offence similar to that with the accused is charged. 6. Political Agent to decide to whom offender to be deliveredNotwithstanding anything in Rule 5, the Political Agent shall make the warrant provide for the delivery of the accused persons to himself (or to an officer subordinate to himself), or to an authority of the State concerned, as the case may be, if he is generally or specially instructed by the Governor-General in Council to try an accused person himself or to make him over for trial to the proper Court of such State. 7. Duty of Political Agent to see that accused receives a fair trialIn the case of an accused person made over for trial to the Court of the State, the Political Agent shall satisfy himself that the accused received a fair trial, and, that the punishment inflicted on conviction is not excessive or barbarous ; and, if he is not so satisfied he shall demand the restoration of the prisoner to his custody, pending the orders of the Governor-General in Council. 8. Offenders arrested to be treated as persons under trial in British IndiaAccused persons arrested in British India on warrants issued under Section 7 or Section 9 of the said Act, shall be treated, as far as possible, in the same way as persons under trial in British India. 9. Execution of sentences and right of appealA person sentenced to imprisonment by a Political Agent shall, if a British subject, be conveyed to the most convenient prison under British administration, and shall there be dealt with as through he had been sentenced under the local law : Provided always that this rule shall not be construed so as to give such person any right of appeal other than that allowed by the rules for the time being in force for regulating appeals from the decisions of the Political Agents. 10. ExceptionsNothing in these rules shall be held to apply to areas in Indian State under British Jurisdiction, in which the Code of Criminal Procedure, 1898 (Act V of 1898), is enforce.
IVPolitical Agents (a) Court of Vakils

The following extracts from the correspondence between the Agent to the Governor-General in Rajputana and the Government of India, which were forwarded to all Commissioners in the Punjab, for information with Punjab Government, Political Department, Circular No. 41-789, dated the 7th July, 1870, indicate under what circumstances the Court of Vakils of each Agency will be considered the Court of the Political Agent: Extract from a letter from the Agent to the Governor-General in Rajputana, No. 49-J., dated the 12th April, 1870. Paragraph 8There is another subject connected with the Code which I submit for consideration. In Article III of the Treaties which have been lately negotiated with the States of

Rajputana for the extradition of offenders it is stated that, as a general rule, such cases will be tried, by the Court of the Political Agent, in whom the political supervision of the State may be invested. A case has arisen in which a political Agent desired the rendition of any offender this article of the Treaty for trial before the Court of the Vakils over which he presided. The Magistrate objected that this Court was nowhere alluded to by Government, or acknowledged in the Treaties. Paragraph 9It is obviously good policy to encourage and promote the action of these Courts. Their extension, indeed, in my opinion is the one hope that exists that the Native States will be able to maintain their separate jurisdiction in the midst of our Empire. A persual of the Code now submitted will, I think, convince His Excellency in Council that the measure of supervision exercised by British Officers is sufficient, to secure a rude justice adapted to the state of the country, and I believe it might safely be ruled that the Court of Vakil of each Agency should be considered the Court of the Political Agent as regards the Extradition Treaties in all cases where he presides personally. Extract from letter to the Agent to the Governor-General in Rajputana, No. 87-J., under dated the 6th June, 1870. Courts of Vakils, when the Political Officer presides in person, may in the opinion of the Governor-General in Council in this department, be considered to be Courts of the Political Officer referred to in Article III of the Extradition Treaties concluded with various States in Rajputana. The papers will be communicated to the Home Department of the Government of India, with a view to the necessary communications on the subject being made to the Local Administrations, on whose officers it is to be anticipated that demands for the surrender of offenders may be made under these Treaties.
(b) Others

Government of India, Foreign and Political Department, Notification No. 40-1., dated the 16th January, 1934. In pursuance of Sub-clause (b) of Clause (40) of Section 3 of the General Clauses Act, 1897 (X of 1897) the Governor-General in Council is pleased to appoint the Secretary to the Honourable the Resident for the Punjab States, for the time being to exercise the powers of a Political Agent for the purposes of Sections 7 and 8 of the Indian Extradition Act, 1903 (XV of 1903), for the States included in the Punjab States Agency.
V(a) Rules for the pursuit and arrest of offenders.

Government of India, Foreign and Political Department Notification No. 107-1, dated the 24th February 1932, as amended by Government of India, Foreign and Political Department Notification Nos. 427-1.B., dated the 18th July, 1935, 58-I.B., dated the 15th January, 1936, and 418-I.B., dated the 8th July, 1936. In exercise of the powers conferred by Section 22 of the Indian Extradition Act, 1903 (XV of 1903) and in supersession of the notification of the Government of India in the Foreign and

Political Department, No. 505-I, dated the 13th August, 1931, the Governor-General in Council is pleased to make the following rules to provide for the pursuit and arrest in British India of persons accused of offences committed elsewhere: 1. Pursuit and arrest by Police of Indian StateWhen a person accused of having committed in a State specified in the First Schedule hereto, an offence which, if committed in British India would be punishable under a section of the Indian Penal Code specified in the Second Schedule hereto, enters British India with members of the Police Force of that State in pursuit the pursuing party may subject to the provisions hereinafter contained, continue the pursuit into, and arrest the fugitive in, British India. 2. This authority is subject to conditionsThe authorisation conferred by Rule (1) shall not be operative unless (a) The pursuing party includes at least one officer holding in the State Police force a rank not lower than the rank corresponding with that of a Head Constable of Police in British India, and (b) The circumstances are such that an application for the continuance of the pursuit and the effecting of the arrest by the British Indian Police would prejudice the prospect of effecting the arrest of the fugitive. 3. Arrested person to be handed over to Police in British IndiaA person arrested by State Police under the authority of these rules shall forthwith be conveyed to the nearest place in which an officer of the British Indian Police is known to be and shall be handed over to the British Indian Police in that Place.
First Schedule Part AStates Permanently Included in the Schedule
1. Hyderabad. 2. Mysore. 3. Kashmir. 4. Gwalior. 5. Sikkim. 5-A. Baroda. 6. Indore. 7. Bhopal. 8. Rewa.

9. Nagod. 10. Maihar. 11. Orchha. 12. Datia. 13. Samthar. 14. Panna. 15. Charkhari. 16. Aligarh. 17. Bijawar. 18. Baoni. 19. Chhatarpur 20. Dewas Senior Branch. 21. Dewas Junior Branch. 22. Jaora. 23. Sitamau. 24. Sailana. 25. Rutlam. 25-A. Dhar. 25-B. Barwani. Rajputana 26. Alwar. 27. Bikaner. 28. Bharatpur. 29. Dhopur. 30. Kotah. 31. Jaipur.

32. Jodhpur. 33. Tonk. Punjab 34. Patiala. 35. Jind. 36. Nabha. 37. Kapurthala. 38. Sirmoor. 39. Malerkotla. 40. Faridkot. States of Western India 41. Cuteh. 42. Junagadh. 43. Nawanagar. 44. Bhavanagar 45. Porbandar. 46. Dharangadhra. 47. Palanpur. 48. Radhapur. 49. Morvi. 50. Gondal. 51. Jafrabad. 52. Dhrol. 53. Limbdi. 54. Wadhwan. 55. Lakhtar.

56. Vala. 57. Jasdan. 58. Manavadar. 59. Thana Deodi. 60. Vadha. 61. Lathi. 62. Muli. 63. Virpur. 64. Malia. 65. Kotala-Sangani. 66. D. S. Vala Mulu Suraj of Jetpur. 67. D. S. Vala Rewat Ram of Bilkha. 68. Patdi. 69. Tharad. 70. Wad. 71. M.S. Jorawarkhanjis State Varahi. 72. Thana areas and the Civil Stations of Wadhwan and Rajkot in the Western-India States Agency. Madras 73. Travancore 75. Cochin. 74. Pudukattah. Bombay 76. Savantuadi. 77. Jath. 78. Sauanur. 79. Cambay.

80. Janjira. 81. Koliapur. 82. Mudhol. 83. Sangli. 84. Miraj (Senior) 85. Miraj (Junior) 86. Jamkhandi. 87. Kurundwad (Senior) 88. Kurundwad (Junior) 89. Ramdruz. 90. Idar. 91. Vijayanagar. 92. Danta. 93. Mansa. 94. Malpur. 95. Surgana.

96. Bhar. 97. Raipipla.

98. Chhota Udepur. 99. Lunawada. 100. Saut. 101. Kadaua. 102. Bhadarwa. 103. Senjeli. 104. Jambugheda. 105. Aunsh.

106. Phaltan. 107. Akalkot. 108. Khairpur. 109. Bansda. 110. Dharampur. 111. Jawhar. 112. Administered areas comprised in the thana Circles and Sadar Bazzar. 113. Sankeda Mewas. 114. Pandu Mewas. Bengal 115. Cooch Behar. 116. Tripura. United Provinces 117. Benares. 118. Tehri. Eastern States Agency 119. Athgarh. 120. Athmallik. 121. Bamra. 122. Baramba. 123. Bastar. 124. Baudh. 125. Bonai. 126. Changbhakar. 127. Chhulkhadan. 128. Daspalla.

129. Dhenkanal. 130. Gangpur. 131. Hindol. 132. Jashpur. 133. Kalahandi. 134. Kanker. 135. Kawardha. 136. Keonjhar. 137. Khairagarh. 138. Khandpara. 139. Kharsawan. 140. Korea. 141. Mayurbhanj. 142. Nandgaon. 143. Narsinghpur. 144. Nayagarh. 145. Nilgari. 146. Pal-Lahara. 147. Patna. 148. Raigarh. 149. Rairakhol. 150. Ranpur. 151. Sakti. 152. Sarangarh. 153. Seraikela.

154. Sonepur. 155. Surguja. 156. Talcher. 157. Tigiria. 158. Udaipur. Assam 159. Manipur.

Part BStates, Included in the Schedule for the Period Terminating on the Date Specified against each

State Date of termination Baria .............. .............. 1st June, 1940. Ali Raipur .............. .............. 1st October, 1940.
Second Schedule List of Sections of the Indian Penal Code

Sections 300, 302, 303, 304, 307, 308, 311, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401 and 402.
(b) Rules for the Search and Seizure of Property.

Government of India Foreign and Political Department, Notification No. 36-I., dated the 20th July, 1925. In exercise of the powers conferred by Section 22 of the India Extradition Act, 1903 (XV of 1903), the Governor-General in Court is pleased to make the following rule, namely: (1) In any proceedings against any person under the provisions of the Indian Extradition Act, 1903, or of any treaty for the extradition of offenders, the Magistrate acting in such proceedings and any Police Officer authorised to arrest such person under the provisions of the said Act or of such treaty, may exercise in any place in British India in respect of any property in the possession of such person or any of the other person which appears to such Magistrate or police officer to have been the subject of or to be required for proof of the offence in respect of which the proceedings are being taken the powers respectively of a Court and of an officer in charge of a police station under the Code of Criminal Procedure, 1898, as if such property were the production of which is necessary for the purposes of any investigation or trial under the said Code, so Code by or before such Court or officer; and the provisions of the said far as they can be made applicable, shall apply to any summons or warrant issued in pursuance of this rule and

to any search made under the authority of any warrant so issued and to the disposal of any property seized in any such search. (2) Such Magistrate may send such property to the State to which such person is surrendered and shall have, in respect of any such property produced before him in such proceedings or returned by the aforesaid State, all the powers of disposal vested in a Court under the Code of Criminal Procedure, 1898, in respect of any property produced before it during an enquiry or trial.
VIExtradition offences within the Meaning of Indian Extradition Act

Government of India, Foreign and Political Department, Notification No. 1718-I. dated the 16th December, 1931. (a) Offences under Criminal Tribes ActIn exercise of the powers conferred by the First Schedule to the Indian Extradition Act, 1903 (XV of 1903) and in supersession of the Notification of the Government of India in the Foreign and Political Department No. 4806-I.B., dated the 17th November, 1919, the Governor-General in Council is pleased to declare offences under the Criminal Tribes Act, 1924 (VI of 1924), to be Extradition offences within the meaning of the Indian Extradition Act, 1903 (XV of 1903). Government of India, Foreign and Political Department, Notification No.-249-I., dated the 10th May, 1933.
(as amended up-to-date)2

(b) Desertion from Indian States ForcesNo. 249-1.In pursuance of the First Schedule to the Indian Extradition Act, 1903 (XV of 1903) and in supersession of the notification of the Government of India in the Foreign and Political Department No. 405-I., dated the 20th June, 1928, the Governor-General in Council is pleased to declare the following units of the Indian States Forces to the units desertion from which is an extradition offence:
Alirajpur

Alirajpur Partap Infantry.

Alwar

Alwar Mangal Lancers. Alwar Jey Paltan. Alwar Palton (Training Battalion).
Bahawalpur

His Highness the Nawabs Bahawalpur Own Body Guard Lancers. 1st Bahawalpur Sadiq Infantry.

2nd Bahawalpur Haroon Infantry.

Baria

Baria Subhag Risala. Baria Ranjit Infantry.

Baroda

Second Baroda Infantry.

Benares

First Benares (Prabhu Narains Own) Infantry. Second Benares Cavalry Troop.
Bharatpur

Bharatpur Jaswant Household Infantry. Bharatpur Jaswant Garrison Company. Bharatpur Body Guard.
Bhavnagar

Bhavnagar Lancers. Bhavnagar Infantry.

Bhopal

Bhopal Sultania Infantry Battalion. Bhopal Gohar-i-Taj. Own Training Company.

Bikaner

Bikaner Ganga Risala. Bikaner Sadul Light Infantry. Bikaner Dungar Lancers. Bikaner Bijey Battery. Bikaner Motor Machine Gun Sections.

Chamba

Chamba Infantry. Chamba Body Guard.

Cutch

Cutch State Infantry. Cutch State Body Guard.

Datia

Datia Gobind Infantry. Datia Gobind Infantry. B Company.

Dhar

Dhar Light Horse (Maharaj Kumari Kamla Rajas Own). Dhar Infantry (Maharaja Anand Raos Own Laxmi Guards).
Dhrangadhra

Dhrangadhra Makhwan Infantry. Dhrangadhra Body Guard.

Dholpur

Dholpur Narsingh Infantry.

Faridkot

Faridkot Sappers. Faridkot Body Guard. Faridkot State Infantry.

Gwalior

Gwalior 1st Jayaji Lancers. Gwalior 2nd Alijah Lancers. Gwalior 3rd Maharaja Madho Rao Scindias Own Lancers. Gwalior B Battery, Scindias Horse Artillery (15 Pounder).

Gwalior Mountain Battery. Gwalior Transport Corps. Gwalior 1 st Maharani Sakhya Rajas Own Infantry. Gwalior 2nd Maharaja Jayaji Raos Infantry. Gwalior 3rd Maharaja Scindias Own Infantry. Gwalior 4th Maharaja Bahadur Infantry. Gwalior 7th Scindias Training Battalion.
Hyderabad

Hyderabad 1st Imperial Service Lancers. Hyderabad 2nd Imperial Service Lancers. Hyderabad Cavalry Training Squadron. Hyderabad 3rd Golcanda Lancers. 1st Battalion Hyderabad Infantry. 2nd Battalion Hyderabad Infantry. 3rd Battalion (No. 0) Hyderabad Infantry. Hyderabad Infantry Training Company. A Battery Nizams Horse Artillery. Hyderabad Animal Transport Section.
Idar

Idar Sir Partab Infantry.

Indore

Holkars Mounted Escort. Holkars Transport Corps. 1st Battalion Maharaja Holkars Infantry.

Jaipur

Jaipur State Transport Corps. Jaipur Lancers. 1st Jaipur Infantry. 2nd Jaipur Infantry. Jaipur Sawai Man Guards.
Jind

Jind Body Guard. Jind Infantry. Jind (2nd Line) Infantry.

Jodhpur

Jodhpur Sardar Risala. Jodhpur Sardar Infantry.

Junagadh

Junagadh Lancers. Junagadh Mahaba Khanji Infantry.

Kapurthala

Kapurthala Jagatjit Infantry. Kapurthala Body Guard. Kapurthala Paramjit Infantry.

Kashmir

1st Jammu and Kashmir Mountain Battery. 2nd Jammu and Kashmir Mountain Battery. 1st Jammu and Kashmir Infantry. 2nd Jammu and Kashmir Rifles.

3rd Jammu and Kashmir Rifles. 4th Jammu and Kashmir Infantry. 5th Jammu and Kashmir Light Infantry Battalion. 6th Jammu and Kashmir Infantry. 7th Jammu and Kashmir Infantry. Jammu and Kashmir Training Battalion. Jammu and Kashmir Army Training School. Jammu and Kashmir Body Guard Cavalry. Jammu and Kashmir Military Transport.
Kotah

Kotah 1st Umed Infantry.

Loharu

Loharu State Infantry. Loharu State Camel Transport.

Malerkotla

Malerkotla Lancers (Body Guard). Malerkotla Infantry. Malerkotla Sappers.

Mandi

Mandi Joginder Sappers and Miners. Mandi Palace Guard.

Mewar

Mewar Lancers. Mewar Bhupal Infantry. Mewar Bhupal Training Company.

Mewar Sajjan Infantry.

Mysore

Mysore Lancers Mysore Horse. 1st Battalion Mysore Infantry. 2nd Battalion Mysore Infantry (Training Company). 3rd Battalion Mysore Infantry.
Nabha

Nabha Akal Infantry.

Nawanagar

Nawanagar Lancers. Nawanagar Shatrushalya Infantry.

Palanpur

Palanpur Iqbal Infantry.

Panna

Panna Chhatrasal Infantry.

Patiala

1st Patiala Rajindra Lancers. 2nd Patiala Lancers. 1st Patiala Infantry (Rajindra Sikhs). 2nd Patiala Infantry. 3rd Patiala Infantry. 4th Patiala Infantry. The Patiala Transport Train.
Porbandar

Porbandar Body Guard.

Porbandar Infantry.
Rajpipla

Rajpipla Infantry. Rajpipla Body Guard.

Rampur

Rampur Rohilla Lancers. 1st Rampur Raza Infantry. 2nd Rampur Murtaza Infantry.
Ratlam

Ratlam Lokendra Rifles.

Rewa

Rewa Transport Corps. Rewa Venkot Battalion.

Sirmoor

Sirmoor Sappers. Sirmoor Body Guard.

Suket

Suket Lakshman Cavalry. Suket Lakshman Infantry.

Tehri-Garhwal

Tehri-Garhwal Narendra Pioneers. Tehri-Garhwal Infantry. Tehri-Garhwal Sappers and Miners.

Tripura

1st Tripura Bir Company. 2nd Tripura Bikram Infantry.

(c) From the Deputy Secretary to the Government of India in the Foreign and Political Department, to the Chief Secretary to the Government of Madras .................................................................... to the Chief Commissioner, Delhi,No. F. 247-1 B./35, dated Simla, the 24th July, 1936. SubjectConclusion of Reciprocal Arrangements with Indian States for the Extradition of persons concerned with the Traffic in Dangerous Drugs. Sir, I am directed on to forward for your information a copy of the Foreign and Political Department Letter No. F-160-I/31, dated the 12th June, 1935, and to say that the reciprocal arrangements concluded with Indian States for the extradition of persons concerned in offences connected with the traffic in dangerous drugs are to be confined to offences under the Indian Opium Act, 1878, the Dangerous Drugs Act, 1930 (excepting Sections 9 and 19) and the Excise and Abkari Acts of Local Governments, in so far as they relate to Indian hemps. So far as Indian States are concerned the arrangement will be applicable to offences under the Excise Law or Laws of the State. The proposed arrangements will only be between the Government of India and the State concerned and separate extradition agreements will have to be concluded between the various Indian States, if so desired. 2. I am also to add that the Government of India do not propose to issue a notification as extradition in such cases should be effected in accordance with the procedure provided by Section 9 of the Indian Extradition Act, 1903. From the Secretary to His Excellency the Crown Representative, to . . . . . . . . . . . . . . . . . . the Honourable the Resident for the Punjab States, No. F. 187-I. B/38, dated New Delhi, the 10th March, 1939. SubjectConclusion of Reciprocal Arrangements with Indian States for the Extradition of persons concerned with the Traffic in Dangerous Drugs. Sir, In continuation of the endorsement from the late Foreign and Political Department No. F. 247I.B./35, dated the 24th July, 1936, I am directed to forward herewith, for information, a Statement containing the names of the Indian States with which reciprocal arrangements have been concluded by the Government of India or the extradition of persons concerned in offences connected with the traffic in dangerous drugs.
Statement
Name of Agency Name of State or Estate Mysore Banganapalle, Mysore and Sandur.

Central India Bhopal, Bijawar, Chhatarpur, Dewas (Junior), Dewas (Senior), Datia, Dhar, Indore, Jaora, Kaurwai, Maihar, Makrai, Mohammadgarh, Nagod, Orchha, Panna, Pathari, Piploda, Ratlam, Sailana, Sitamau. Rajputana Bharatpur, Bikaner, Bundi, Jaipur, Jhalawar, Jodhpur, Karauli, Kishengarh, Kotah, Shahpura, and Tonk, Udaipur (Mewar) Western India States Ambaliara, Ghodasar, Idar, Katosan, Khadal Mohanpur, Malpur, Ranasan, and the Thana, Circles of (1) Bawishi, (2) Katosan, (3) Gadhwada, (4) Sabar Kantha, (5) Vatrak Kantha Thana, Sadar Bazar (Administered Area). Punjab State Bahawalpur, Chamba, Dujana, Faridkot, Jind, Kapurthala, Khairpur, Loharu, Melerkotla, Mandi, Nabha, Pataudi, Patiala, Suket, Baghal, Baghat, Bashahr, Bhajji, Bija, Bilaspur, Darkoti, Delath, Dhami, Dhadi, Ghund, Jubbal, Kalsia, Keonthal, Khuneti, Koti, Kumharsain, Kunihar, Kuthar, Madhan, Mahlog, Mangal Nalagarh, Ratesh, Rawingarh, Sangri, Sirmur, Tehri, Tharoch, and Theog. Baroda and Gujarat State Balasinor, Bansda, Baria, Bhadarwa, Cambay, Chhota Udepur, Dharampur, Jawahar, Kadana, Lunawada, Pandu, Mewas, Rajpipla, Sanjeli, Sant, Sachin, Sankheda Mewas, Surgana and Umeta. Kashmir Kashmir. Gwalior Benares, Gwalior and Rampur. Madras States Cochin, Pudukkottai and Travancore. Kolhapur and Deccan Akalkot, Aundh, Bhor, Jamkandi, Janjira, Jath, Kolhapur, Kurundwad (Junior), Kurundwad (Senior), Miraj (Junior), Miraj (Senior), Mudhol, Phaltan, Ramdurg, Sangli, Savanur, and Sawantwadi. Eastern States All States in the Eastern States Agency.
3

Assam Manipur.

(d) Government of India Notification No. 920-I-B., dated the 1st April 1920. Offences under Section 498, Indian Penal CodeIn exercise of the powers conferred by the First Schedule of the Indian Extradition Act, 1903 (XV of 1903), the Governor-General in Council is pleased to declare the offence of enticing or taking away or detaining with criminal intent a married woman, as defined in Section 498 of the Indian Penal Code, to be and extradition offence within the meaning of the Indian Extradition Act, 1903, in the case of the Bikaner State. (e) Offence under Section 498 of the Indian Penal Code has also been declared to be an extradition offence in Khairpur State by Government of India (Foreign Department) Notification No. 3321-I.A., dated the 16th August, 1905. (f) Reciprocal arrangements have been concluded

(a) between the Punjab Government and Mandi State for the extradition of persons accused of offences under Section 498, Indian Penal Code,vide Punjab Government Letter No. 19208Pol.I/S., dated the 12th June, 1930. (b) between the Punjab Government and Faridkot State for the extradition of persons accused of offences, under Section 494 to 498, Indian Penal Code,vide Punjab Government Letter No. 236-PoL, dated the 30th March, 1914. (c) between Bahawalpur State and Dera Ghazi Khan district for the extradition of persons accused of offences under Section 498, Indian Penal Code.
VIIDelegation of powers to the State Government Government of India, External Affairs Department Notification No. 67-X., dated the 1st April, 1938.

In exercise of the powers conferred by sub-section (1) of Section 124 of the Government of India Act, 1935, the Central Government is pleased, with effect from the 1st April, 1938, to entrust to all State Governments with their consent the functions of the Central Government under subsections (1), (4), (6), (7) and (8) of Section 3, sub-section (1) and (2) of Section 4, Section 5, Section 8-A. Section 9, sub-section (1), (2) and (3) of Section 10, Section 11, Section 15, clause (c) of Section 19 and Section 20 of the Indian Extradition Act, 1903 (XV of 1903).
4

1. As amended by No. 2542-B, dated the 26th January, 1912.

As amended by No. 3472-IC., dated the 28th August, 1908. As amended by No. 823-D., dated the 25th March, 1913.

2. Amended by the following Notifications:

No. 467-I., dated the 16th August, 1933. No. 674- I., dated the 21st December, 1933. No. 59- I., dated the 7th February, 1934. No. 77- I., dated the 20th February, 1934. No. 148- I.., dated the 11th April, 1934. No. 202- I., dated the 15th May, 1934. No. 445- I., dated the 19th September, 1934. No. 517- I., B., dated the 25th October, 1934. No. 669- I., B., dated the 12th December, 1934. No. 32- I., B., dated the 3rd January, 1935. No. 125- I., B., dated the 19th February, 1935. No. 89- I., B., dated the 30th January, 1935. No. 384- I., B., dated the 19th June, 1935. No. 517-I., A., dated the l8th September, 1935. No. 622- I., A., dated the 14th November, 1935. No. 153-I., A., dated the 11th March, 1936. No. 375/37-Judl., dated the 23rd December, 1937. No. 106/37-Judl., dated the 18th May, 1939. No. 47/39-Judl., dated the 21st October, 1939. No. 47/1/39-Judl., dated the 15th November, 1939.

3. Added by Crown Representatives letter No. 154-I.B./39, dated the 13th June, 1939. 4. Section 124(1) of the Government of India Act, 1935, corresponds to Article 258(1) of the Constitution of India.

CHAPTER 17
Ch. 17

Lunatics
Part A GENERAL
Part A]

1. ClassificationLunatics may be classed as follows: (a) Criminal lunatics. (b) Lunatics for whose detention in an asylum a reception order has been passed. (c) Lunatics so found by inquisition. 2. Criminal lunaticsCriminal lunatics are lunatics for whose confinement an order has been passed under Section 466 or 471 of the Code of Criminal Procedure, or under Section 30 of the Prisoners Act, 1900. These are dealt with in Parts B and C of this Chapter. 3. Reception ordersReception orders are dealt with in Chapter II of the Indian Lunacy Act, 1912, which lays down the procedure to be observed before a person, other than a criminal lunatic or a lunatic so found by inquisition, can be detained is an asylum. Such reception orders are usually made by Magistrates. 4. Lunatic so found by inquisitionLunatics so found by inquisition are dealt with by the Civil Courts (See Part III, Indian Lunacy Act, 1912). 5. Term Mental Patient and Mental Hospital explainedAlthough persons suffering from unsoundness of mind are described as lunatics in the Acts mentioned above, it is now considered more humane to refer to then as mental patients. Similarly, institutions for the care and treatment of such persons, which were formerly called Lunatic Asylums, are now called Mental Hospitals. The latter term should ordinarily be used in correspondence. 6. Admission into Punjab Mental HospitalThe only institution of this kind in the Punjab is the Punjab Mental Hospital at Amritsar to which all mental patients, whose confinement is considered necessary, are now sent. Accommodation is limited, and the earliest possible notice should be given, whenever it is proposed to send a patient to the Hospital. Magistrates are particularly requested, before passing any order for detention therein, to study the rules regarding admission, of which the most important are given in this Chapter.

7. Further directions about admissionIf possible, arrangements should be made for the patient to reach the hospital before 5 p.m. and admission on Sundays and gazetted holidays should be avoided. Patients should invariably be brought to the hospital in a conveyance, and the escort should be instructed to see that the patient is properly clothed.
Part B]

Part B CRIMINAL LUNATICSENQUIRY

1. Magistrate bound to make enquiry about unsoundness of mind of the accused Whenever a Magistrate, either in the course of an enquiry or during a trial, has reason to believe that an accused person in incapable of making his defence by reason of unsoundness of mind, he is bound to held an enquiry into such unsoundness of mind (Section 464 of the Code of Criminal Procedure). 2. Examination by Medical Officer and his evidenceFor the purpose of such enquiry, he is further bound to have the person examined by the Civil Surgeon or such other Medical Officer as the State Government may direct. The Medical Officer must then be examined as a witness, and his examination must be reduced to writing. It will be found most convenient to have the form mentioned in Part C paragraph 2, filled in at this stage. 3. Stay of proceedings if unsoundness of mind provedIf unsoundness of mind is established to the satisfaction of the Magistrate, a finding to that effect should be recorded, and further proceedings should be stayed. 4. Trial of the fact of insanity in Sessions trialsThe procedure in a Court of Sessions is slightly different. There, the fact of unsoundness and incapacity are to be tried in the first instance by the jury, or by the Court as the case may be, and there is no specific provision for an examination by a Medical Officer. The trial of the fact of insanity how even, forms part of the trial before the Court; and the Court would ordinarily take the necessary evidence before proceeding to a finding. 5. Accused may be released on securityEither during the examination of the accused by a Medical Officer, or during the enquiry into the fact of insanity, or after the accused has been found to be of unsound mind, and incapable of making his defence, the Magistrate or Court may release the accused on sufficient security being given that he will be (1) properly taken care of; (2) prevented from doing injury to himself or any other person; and (3) produced before the Court or such other officer as the Court appoints, when required. Such an order may be passed whether the case is bailable or not (Section 466 of the Code).

6. In releasing accused due regard should be paid to public safetyAn order for release, however, should not be passed without due regard to the public interest. If the crime of which such a person is accused be an offence against the person, or if there is reason to believe that he has at any time been aggressive, a detailed medical history sheet should in all cases be obtained, and this should be consulted before orders are passed regarding bail. In the event of the lunatic having at any time exhibited a tendency to violence, it is the duty of the Magistrate or Sessions Judge to satisfy himself that a sufficient length of time has elapsed since such manifestations to render a recurrence improbable, and that the sureties are in a position to control the actions of the lunatic should they recur. 7. Action to be taken when accused cannot be released on bailIf the case is one in which, in the opinion of the Magistrate or Court, bail should not be taken, or if sufficient security is not given, the Magistrate or Court must order the accused to be detained in safe custody in such place and manner as he or it may think fit [Section 466(2)]. The action taken must then be reported to the State Government. 8. Accused may be sent to Mental Hospital in such casesThis provision enable a Court to send an accused person direct to a Mental Hospital instead of awaiting the order of the State Government, as was formerly necessary. But if an order is made for the detention of the accused in a Mental Hospital, this order must be in accordance with any rules which the State Government may have made under the Indian Lunacy Act, 1912. 9. Proceedings under Sections 464, 466 can be taken only when a prima facie case is made out by prosecution evidenceIt should be borne in mind, however, that before action is taken under Section 466 of the Code, the case for the prosecution should be gone into in order to discover whether any prima facie case is made out against the accused. In warrant cases instituted on police report, the Magistrate shall take into consideration the documents referred to in sub-sections (1) to (3) of Section 251-A and give the prosecution and the counsel for the accused an opportunity of being heard. In other cases a reference to Sections 207-A and 208 (inquiry preliminary to commitment) and Section 252 (Warrant cases instituted otherwise than on a police report) of the Code will show that the Magistrate has to record the evidence for the prosecution. When this has been done the Magistrate has to form an opinion as to whether any case is established which should go to trial or not. If no case is established the accused must be set at liberty. [Sections 207-A (6), 209, 251-A (2) and 253 of the Code]. If a prima facie case is made out a charge has to be framed [Sections 207-A (7). 210, 251-A (3) and 254 of the Code], either previous to the case being committed to the Court of Sessions or High Court or in view to the accused being called upon to enter upon his defence. It is at this stage that Sections 464 to 466 come into play. 10. Resumption of proceedings under Section 467When an enquiry has been postponed under Sections 464 or 465, the Magistrate or Court may at any time call for the accused of its motion and resume proceeding under Section 467. Such action will ordinarily be taken after a reasonable period in all cases when the accused has been realised on security. 11. Patients certified by Mental Hospital to be fit to make their defenceIf, however, the accused has been detained in a Mental Hospital, the accused will usually be returned by the

authorities under Section 473, as soon as he is certified to be capable of making his defence. The practice in the Punjab Mental Hospital at Amritsar is for patients to be brought before the visitors committee at the half-yearly inspection, and if the Medical Superintendent considers that any person is capable of making his defence and of understanding the proceedings against him, he recommends that he should be put up for trial. If this recommendation is accepted by the committee, the patient is then sent back for trial. 12. Order of Magistrate for detention may be varied by GovernmentIt should be noted that the orders of a Magistrate or Court for the detention of a criminal lunatic may be varied by the State Government (i) on a certificate under Section 474; (ii) on an application by a friend or relative under Section 475. 13. Procedure when accused is of sound mind at the time of trial but was not so at the time of committing the offenceA second class of cases arises when an accused person appears to be of sound mind at the time of enquiry or trial, but there is reason to believe that he was of unsound mind at the time of committing the offence with which he is charged. In such cases the Magistrate must proceed to determine the facts with reference to Section 84 of the Indian Penal Code. 14. If the Magistrate finds reason to believe that he committed an act, while he was of unsound mind, which, but for such unsoundness, would be an offence, the Magistrate should (1) if he is competent to do so, try the case against the accused ; (2) if the case is one which should be tried by the Court of Sessions or High Court, commit the case for trial by such Court, leaving it to that Court to deal with the matter. 15. If accused is acquitted on the plea of insanity he should not be releasedIf the plea is accepted, and the accused is acquitted on the ground that although he committed an act which would have constituted an offence if he had been of sound mind, he was insane at the time of committing it, the Court cannot order his release, but must order him to be detained in safe custody (Section 471, Criminal Procedure Code). The procedure is then the same as that given in paragraphs 7 and 8 above. Final orders for the release or detention of such a prisoner will be finally passed by the State Government under Section 474, Criminal Procedure Code. 16. Superintendent Jail to keep the prisoner under observation and to report the result thereofIn all cases in which insanity is pleaded or set up as a defence, the Superintendent of the Jail in which the convict is confined should be directed to keep the prisoner under observation and to report the result thereof to the High Court before the date fixed for hearing in that Court.

Part C]

Part C CRIMINAL LUNATICSDETENTION

1. Medical history sheet to be sent to GovernmentThe accompanying form (printed at the end of Chapter 17-C as an Appendix) has been prescribed by the State Government for all cases in which the papers of a criminal lunatic are sent to it for orders. Unless this form is completed, it is impossible to arrive at any safe decision regarding the period for which it will be necessary to detain him. 2. Same should be sent to Mental HospitalThe same form should invariably be used when a criminal lunatic is sent direct to a Mental Hospital by a Magistrate or Court. As observed above, the form should be filled up, as far as possible, after the medical examination in the first instance. 3. Memo, of principles to be observed in dealing with the cases of criminal lunatics Attention is called to the following memorandum, embodying the views of certain experts as to the principles which should apply generally in dealing with the cases of criminal lunatics. This memorandum is only intended to indicate broadly the action which may ordinarily be taken. The case of every criminal lunatic should be considered separately and dealt with on its own merits, and if in any case the opinion of the others responsible for advise regarding it is that the principles embodied in the memorandum do not apply, the action recommended should be that which the special circumstances of the case suggest to the experience of the officers concerned as the most appropriate.
I. Recovered Criminal Lunatics

(1) If the crime be against the person, the cause, the use of intoxicating drugs, and the type of insanity, acute or chronic mania, a period of three years should be spent in an asylum free from all signs of insanity before any action is taken. (2) If the crime be an offence against the person, the type of insanity, acute of chronic mania, and the alleged cause not the use of intoxicating drugs, a period of at least four year of complete freedom from insanity should be spent in an asylum before action is taken. (3) If the crime be not an offence against the person, but the lunatic has at any time exhibited dangerous or violent tendencies, a period of at least four years should be spent in an asylum before any recommendation is made for his transfer to Jail or for his release. (4) If the crime be not an offence against the person, and there is no history that the lunatic was any time aggressive, he may generally be treated much as if he were a non-criminal lunatic. This State Government will generally be guided in such cases by the recommendations of the Visitors and of the Superintendent of the Asylum in which the lunatic is confined. (5) If the crime be murder and the type of insanity be melancholia, a period of at least six years complete freedom from insanity should be passed in an asylum before action is taken.

(5) (a) If the crime be one against the person, and the lunatic has been originally confined in the asylum under the provisions of Section 466, Code of Criminal Procedure (Section 300 of new Code) and has subsequently sufficiently recovered to stand his trial and has been acquitted under Section 470 of the Code (Section 334 of new Code) it will be necessary that the lunatic shall be sent back to the asylum to undergo the same period of complete freedom from insanity in accordance with the above rules before a recommendation by the visitors can be made for the lunatics release. (6) If the crime be attempt to commit suicide, the type melancholia and if the lunatic has not exhibited any violent tendencies while under observation, some relaxations of the rules may be permitted according to circumstances, age, period of detention, etc.
II. Unrecovered Criminal Lunatics

(7) If the crime be an offence against the person, the type chronic mania of the irritable aggressive kind, it will seldom be possible to release the lunatic during continuance of insanity except in advanced age and on exceptional security. (8) If the crime be not an offence against the person, or, if an offence against the person, of trivial nature, and the lunatic has never exhibited aggressive symptoms, he may generally be treated much as if he were a non-criminal lunatic, and the State Government dealing with his case under Section 474 of the Criminal Procedure Code (Section 338 of new Code) will be guided mainly by the recorded opinion of the Superintendent of the Asylum as to the propriety of releasing him, and by the recommendations of the Visitors. 4. Criminal lunatics should not be sent to a Jail but to a Meatal HospitalIn the case of lunatics confined in jails. Sections 473 and 474 of the Code of Criminal Procedure (Sections 337 and 338 of new Code) assign certain functions to the Inspector General of Prisons ; and Section 471 provides that the State Government may empower the officer in charge of a jail to discharge these functions. In practice however all criminal lunatics should be sent to Mental Hospital and not to a jail.
APPENDIX FORM NO. 117 Medical History Sheet of Lunatics

N.B.The ultimate responsibility for the preparation of this form rests with the committing officer who must see that the requisite information is supplied by the Police and the Medical Officer without undue delay. Questions to be Answered by Police alone 1. Name of patient in full, and caste or race. 2. Name of patients father.

3. Sex and age of patient. 4. Marks whereby the patient may be identified. 5. Married or single or widowed. 6. Condition of life and previous occupation (if any). 7. Religion. 8. Place of birth and recent place of abode. (Here the name of village, police station and district and length of residence should be stated.) 9. Whether homeless or living with relatives. (This heading should show the names and addresses of the relatives or persons legally bound to maintain the lunatic (if any), and whether they are able and willing to take charge of him or to bear the cost of his maintenance in the asylum, and, if not, why not.) 10. Previous history and habit. (in this, the mode of life the patient led, history of any particular illness which may have helped to produce this condition of mind, his temperament or any habit of taking or smoking any drug or any ground for supposing that the insanity in hereditary, should be mentioned in the case of criminal lunatics, also the nature of the crime, the detailed circumstances under which it was committed, how he came to be arrested by the Police and the section under which the lunatic was charged and the result of trial, in addition to other particulars which may be available.) 11. Whether any member of patients family has been or is affected with insanity. 12. Whether the attack is the first attack of insanity or not. 13. Age (if known) at onset of first attack. 14. Duration and nature of any previous attacks. 15. Supposed cause of insanity. (State here whether he is addicted to any spirits or drugs, and if so, for how long he has been so addicted and what is the quantity habitually taken. Whether he is a member of any particular religious or political society.)

16. Supposed exciting cause of present attack. (Under this heading should be stated whether the lunatic suffered from loss of property, loss of relatives, domestic trouble, or ill health immediately before the attack.) Questions to be answered by Police and Medical Officer 1. Duration of existing attack. 2. Whether suicidal. 3. Whether dangerous to others. Questions to be answered by Medical Officer alone 1. State of bodily health. (In this the general health of the patient as well as any abnormality of feature or development should be entered. It is desirable that special mention be made as to whether the patient is or is not suffering from any tubercular disease). 2. Symptoms exhibited. 3. Whether subject to epilepsy or any other disease.
Part D]

Part D NON-CRIMINAL LUNATICS

1. Reception order when passedReception orders are dealt with in Chapter II of the Indian Lunacy Act, 1912. The most important provisions relate to (a) Reception orders passed on a petition. (b) Reception orders passed on a Police report or information otherwise received by a Magistrate. 2. Who may pass reception orderSuch orders may be passed by a District Magistrate, a SubDivisional Magistrate, or a Magistrate of the 1st Class specially empowered in this behalf by the State Government [Vide definition of Magistrate in Section 3(6) of the Act]. 3. Reception orders petitionReception orders passed on a petition are dealt with in Sections 5 to 11. The most important provisions to be noted by Magistrates are (a) The petition should be in the prescribed form (Form 1 in Schedule I of the Act). It should be presented by a relative ; if not reasons must be given.

(b) There must be two medical certificates, on separate sheets of paper, one of which must be from a Medical OfficerMedical Officer is defined in Section 3(8) as a Gazetted Medical Officer in the service of the Government and includes a medical practitioner so declared by the State Government for the purposes of this Act (Section 5). (c) If the lunatic is not dangerous or unfit to be at large, no order may be passed, unless it has been ascertained that the Mental Hospital is willing to receive him, and some person undertakes to pay for his cost of maintenance (Section 11). 4. Reception orders passed otherwiseSections 13 to 16 deal with orders passed otherwise than on petition. Such orders may be passed on the ground that person presented is (a) dangerous by reason of lunacy; (b) not under proper care and control; or (c) cruelly treated or neglected by any relative or other person having charge of him. Reports under (a) may be presented only by the Police. Information under (b) and (c) may be given by the Police or any other person. 5. Period of detention for medical examinationSection 16 gives the Magistrate power to order detention up to ten days to enable observation by a Medical Officer. If further time is required, there must be a fresh order, in the same way as with remands; but the total period of detention must not exceed thirty days from the date on which the person has first been brought before the Magistrate. 6. Copy of reception order to be sent to Mental HospitalA certified copy of every reception order must be sent to the Medical Superintendent of the Mental Hospital. 7. Questions to be put to medical witnesses in case of suspected insanityFor questions which may suitably be put to a medical witness in case of persons suspected of insanity. See Chapter 18, Medico-Legal Work Part D, Appendix B, VIII. 8. Inquiry as to the domicile of the lunaticA Magistrate making a reception order under Section 14 or 15 of the Act, shall, after ascertaining that accommodation is available, direct the reception of the lunatic into the Mental Hospital at Amritsar. He shall, in all cases, make strict inquiry as to the domicile of the lunatic, and shall see that entry to that effect is made in the medical history sheet (Form 9, page XLVII, in the Appendices to the Punjab Mental Hospital Manual) or is communicated as soon as possible to the Medical Superintendent of the Hospital in which that lunatic is to be admitted. 9. Admission of a lunatic in the Mental Hospital in another StateThe Magistrate or Courts exercising jurisdiction in any State may send lunatic or any class of lunatics to a Mental Hospital in any other State in accordance with general or special orders of the State Government made in that behalf with the consent of the Government of that State (Section 85).

In all such cases he shall first satisfy himself that accommodation is available, and that the cost of maintenance will be paid (Section 11). In order to effect the earliest possible treatment of the patient action shall be taken as soon as possible and the Magistrate shall furnish to Government in writing full details as to domicile, reasons for the admission, fees agreed to etc. 10. Action to be taken on subsequent discovery of the domicile of the lunatic in another provinceAs soon as it is known that a lunatic, who has been admitted to the Punjab Mental Hospital, is domiciled elsewhere than in the Punjab, the fact with details of the case should be brought to the notice of the State Government, so that action for the removal of the lunatic may, if advisable, be initiated early with the Government of the State of domicile under Section 35 of the Act. 11. Documents to be sent when lunatic is to be admitted to Mental HospitalNo patient can be admitted to the Punjab Mental Hospital unless accompanied by the following documents: (a) In the case of patients admitted under Sections 13 to 16 of the Indian Lunacy Act, IV of 1912, a Detention Order authorising his detention for observation for a period of not exceeding 10 days, a Police report, and a statement of particulars should also be sent. (b) In the case of a patient who has been kept under observation at a jail or Civil Dispensary prior to admission to the Punjab Mental Hospital, the following documents are necessary: (i) Copy or the original order for detention. (ii) Medical certificate of observing Medical Officer. (iii) Final Reception Order bearing the seal of the Court, and dated within seven clear days of the Medical Certificate. (iv) Police report or statement of particulars. (v) In the case of patients who have not been admitted within 14 clear days of the Medical Certificate, a certificate should be sent stating the reasons and where the patient has been confined pending his removal to the Mental Hospital. (c) In the case of patients admitted under Sections 5 to 11 of the Indian Lunacy Act (i) Two medical certificates, dated not more than 7 clear days before (ii). (ii) Application of relatives or friends and statement of particulars. (iii) Reception order bearing the seal of the Court. NotePatients must be admitted within 14 days of the date of the Medical Certificatevide Punjab Government Letter No. 396-A (HomeJails) dated the 26th September, 1914,

Committing Magistrates are further referred to Punjab Government Letter No. 17652-Medical, dated the 31st May, 1928, and are informed that, in accordance with the orders contained in paragraph 11 above, it will be necessary to report to Government all instances in which Committing Magistrates fail to comply with the provisions of the Indian Lunacy Act, 1912, which have been summarised in this order.

CHAPTER 18
Ch. 18

Medico-Legal Work
Part A]

Part A POST-MORTEM EXAMINATIONS

1. Effect of decompositionThe questions to be determined by a post-mortem examination vary in different cases, and the possibility of determining them effectually is not in every case equally dependent on the stage which the process of putrefaction has reached. Thus, in death from drowning, strangulation and various diseases, questions respecting the appearance of flesh tissues, and the amount of blood in parts require to be considered, and these can only by determined soon after death and before putrefaction has made much progress. But it would be quite possible to determine the existence or absence of a wound or severe bruises of soft parts, even if decomposition were considerably advanced; and injuries of bones, pregnancy, presence of foreign bodies, metallic poisoning, and some profound organic diseases, are ascertainable long after death. 2. Duty of Medical Officer to conduct post-mortem examination when nothing is known about causes of deathIn each case the circumstances, so far as they are known, respecting the death and the discovery of the body, which are communicated by the Police, will enable the Medical officer to form an opinion as to whether it would be possible by a post-mortem examination to throw any light on the cause of death; and wherever such possibility exists, or whenever nothing is known, it is his duty to make as full an examination as possible. 3. Exhumation of body when advisable for examinationThese considerations should guide a Magistrate in determining on the propriety or otherwise of exerting the power given him by law of ordering the exhumation of a body. In cases of doubt the Magistrate should, if possible, consult a Medical Officer before passing such an order. 4. Officer authorised to conduct post-mortem examinationThe following notification of the Punjab Government is published for information:
Punjab Government Notification No. 332, dated the 3rd April, 1905.

The following notification is issued regarding the Medical Officers authorised to conduct postmortem examinations, in supersession of Notification No. 1067, dated 14th September, 1904:

1. In exercise of the powers conferred by Section 174 of the Criminal Procedure Code the Lieutenant-Governor (Governor) is pleased to appoint the Medical Officer hereinafter named to conduct post-mortem examinations under that section, and to rule that, except as provided in clauses 3 and 4, bodies for such examinations shall be forwarded to the authorised officer employed within the district where the case arises, to whom they can be brought by rail or otherwise in the shortest time. 2. The authorised officers appointed under this notification are (1) all Civil Surgeons; (2) all Medical Officers holding collateral Civil charges; (3) all staff Surgeons; (4) all Assistant Surgeons. 3. Bodies for post-mortem examinations shall be forwarded to Staff Surgeons (a) when they are those of soldiers, camp followers or other persons entitled to the professional attendance of the Military Medical Staff; and (b) when they do not come under clause (a), but the death occurs within the jurisdiction of the Court of the Cantonment Magistrate and there is no Civil Surgeon or Assistant Surgeon residing in the Cantonment, or within 3 miles of it. 4. For rules re fees, see Chapter 9 WitnessesCriminal Courts. 5. Attention is invited to the special rules of evidence regarding the depositions of medical witnesses and the reports of Chemical Examiners contained in Sections 509 and 510 of the Code of Criminal Procedure [Section 291 and 292 of new Code].
Part B]

Part B REFERENCES TO THE CHEMICAL EXAMINER

1. Medical Officer to be consulted about articles to Chemical Examiner(i) The question as to whether any, and, if so, what articles should be sent for chemical analysis, and the transmission of such articles to the Chemical Examiner will rest ordinarily with the Medical Officer (usually the Civil Surgeon), who should, however, attend to any requisition made by the Magistrate or the Police in this matter. (ii) In cases where human subjects are not concerned the Police may send articles to, and correspond direct with the Chemical Examiner. (iii) All Magistrates are at liberty to forward any articles connected with any Criminal case before them to the Chemical Examiner, but the desirability of their consulting the Civil Surgeon or their Medical Officer before doing so is obvious.

Everything upon which the Chemical Examiners opinion is necessary, should be forwarded to him with the least possible delay. 2. Condition of medico-legal inquiry in IndiaOn the subject of the Chemical Examiners work in India, the careful attention of Magistrates, Medical Officers and the police is directed to the statement of the conditions of medico-legal inquiry in India as compared with such inquiry in England, prepared by the Chemical Examiner for the Punjab, and annexed hereto as Appendix A. 3. Statement to accompany articles sentWhenever any article is sent to the Chemical Examiner, whether by Magistrates, Medical Officers or the Police it should be accompanied by statement containing all possible information that may serve to guide the Chemical Examiner in his investigation. 4. Mode of packing of articles to be sentAll articles should be forwarded in separate bottles, the stomach in one, its contents in another, the liver in a third, dry parties in small phials; and when any articles liable to decomposition are sent, they should always, whether the season be not or cold, be immersed in methylated spirits of wine, which should be used in the proportion of one third of the bulk of the articles. The cork of each bottle should be tied down and sealed and each bottle should be numbered. To ascertain that it has been securely closed, the bottle should be placed for some minutes with its mouth down. 5. Weight of articles sent to be notedThe weight of each article sent, and, where the portion of an organ is sent, the weight of the whole organ, as well as of the part sent, and, in the case of fluids the total quantity of the fluid and the quantity sent should be stated on a ticket attached to the bottle, and also in the letter of invoice prescribed in paragraph 8 below. 6. Precautions in packing bottles(i) This several bottle containing the articles sent should be enclosed in a tin or wooden box, which should be large enough to allow of a layer of raw cotton, at least three-fourths of an inch thick, being put between the bottle and the box; the box should be securely fastened and covered with wax-cloth. (ii) In cases where any of the contents of the bottles might prove offensive, the box must be of tin, and Macdougalls powder or charcoal should be dusted between the box and wax-cloth. 7, Articles to be packed and sealed in the presence of the forwarding officerAll articles on being put up the forwarding officer, and sealed and numbered by him, should be packed in his presence and under his immediate supervision, the package should then be sealed by him, in accordance with the usual rules of the Post Office as to parcels, in such a manner that it cannot be opened without destroying the seal. The seal used should be a private seal, and the same throughout. 8. Invoice of articles and post-mortem report or statement to accompany articlesIn all cases of transmission of articles to the Chemical Examiner, whether by a Magistrate, Medical Officer, or the Police, a letter of invoice, giving a full description of the articles sent, should be

despatched by post, together with the statement or post-mortem report. A duplicate of the invoice should also be placed between the wax-cloth and the box to accompany the package. Both copies of the invoice should be stamped with an impression of the seal referred to in paragraph 7. The Chemical Examiner should be requested to return, if possible, any articles sent to him for examination which is likely to be required at the trial. 9. Evidence should be taken to prove that Chemical Examiners report refers to the subject connected with the inquiryIn inquiries or trials, where reference has been made to the Chemical Examiner, it will be the duty of the Magistrate to examine the official who despatched the articles for analysis with regard to the identity of the invoice and seal, and thereby establish the identity of the subjects reported on with those sent for analysis, and prove that the Chemical Examiners report refers to the subject connected with the case under inquiry. If the decision of the case turns on the results of the chemical examination, a copy of the judgment, and of the evidence regarding symptoms and post-mortem appearance, will be supplied to the Chemical Examiner; such copies being made at the expense of Government as a special charge. 10. Identity of body to be provedIn all cases of homicidal, where the body is found, the identity of the body with the person said to be deceased must be fully established before the Magistrate trying or inquiring into the case. In such cases, where there has been a post-mortem examination, evidence must be recorded by the Magistrate to prove the custody of the body of the deceased after death, and its delivery for the purpose of post-mortem examination to the Medical Officer. 11. Proper custody of articles to be provedIn all cases in which articles are brought up in evidence, the custody of such articles, throughout the various stages of the inquiry must be clearly traced and established. Evidence must be recorded on this point, and the evidence should never leave it doubtful as to what person have had charge of the articles at any stage of the proceedings. All such articles must be distinctively marked, and any reference to them in the record must be so clear as to leave no room for doubt as to the special article referred to.
COMMENTS According to High Court Rules and Orders Chapter 18 (Part-B) Clause 8 and 3 in all cases of transmission of articles to the Chemical Examiner a letter of invoice giving full description of articles sent should be despatched. According to Clause 11 proper custody of articles throughout the various stages of inquiry must be established and traced. But in the present case ASI appearing as P.W. 7 does not say anything about the filing of the CFSL form but says that he deposited those sealed parcels in the Malkhana at Police Station Mehrauli. Moharrar Malkhana appearing in Court nowhere stated that he sent the article to the Chemical Examiner along with the CFSL form. This aspect assumes importance particularly when the seal used was not handed over to an independent witness. The seal after use were kept by the police officials themselves therefore the possibility of tempering with the contents of the sealed parcel cannot be ruled out. It was very essential for the prosecution to have established from stage the fact that the sample was not tempered with. The prosecution could have proved from the CFSL form itself and from the road certificate as to what articles were taken from the Malkhana. Once a doubt is created in the preservation of the sample the benefit of the same should go to the accused. Safiullah vs. State (Delhi Admn.), 1993 (25) DRJ 248 : 1993 (49) DLT 193 : 1993 (1) Crimes 204. (See also Pradeep Kumar vs. State, 1989 (2) Chand L. R. 702.)

12. Evidence of non-professional witnesses re blood and human hair should be accepted with cautionMagistrates are warmed that the evidence of non-professional witnesses on the subject of blood and of suman hairs must be accepted with the utmost caution, and that, where

the case rests materially on the proof of such matters, the evidence of a professional witness must be taken, and reference made, if necessary, to the Chemical Examiner. 13. Chemical Examiners attached to Custom Departments are Chemical Examiners for the purpose of Section 510 Criminal Procedure CodeThe Chemical Examiners and Assistant Chemical Examiners attached to the Customs Departments at Madras, Bombay, and Calcutta are Chemical Examiners to Government, for the purpose of Section 510, Criminal Procedure Code. 14. F.D. (CR) No. 67, Simla the 17th August 1943With reference to Section 510 of the Code of Criminal Procedure, 1898, (Act V of 1898) [Section 291 of new Code] the Central Government is pleased to declare that the Chemical Examiners in the Custom Houses at Bombay, Calcutta and Madras in the Central Revenue Control Laboratory, New Delhi, the Central Excises and Salt Revenue Department, North-Western and North-Eastern India and in the Opium Factory, Ghazipur, are Chemical Examiners to Government.
Part C]

Part C RULES FOR THE GUIDANCE OF POLICE OFFICERS REGARDING THE SUBMISSION OF BLOOD-STAIN CASES TO THE SEROLOGIST AT CALCUTTA

1. Serologist appointed to distinguish human blood from other bloodAs a result of the success attained by Lieutenant-Colonel W.D. Sutherland in his researches in regard to the differentiation of human blood-stains from those of the blood of other animals the Government of India have appointed a Chemical Examiner on special serological duty at Calcutta to carry on there this special branch of medico-legal work for the whole of India. This officer has been designated the Serologist and Chemical Examiner to the Government of India, at Calcutta. 2. Articles to be sent to Chemical Examiner and whenAs it would not be possible for the Serologist to copy with his work expeditiously if all articles suspected of having blood-stains were sent direct to him, it has been denied to issue the following instructions for the guidance of Police Officers in dealing with blood-stained articles: (a) Cases in which articles shall be sent to the Chemical Examiner, KasauliIn cases in which the evidence of the blood-stained articles is, relatively to the whole body of the evidence, of small importance, the articles shall be sent direct to the Chemical Examiner at Kasauli for examination. (b) In cases where blood-stained articles from important piece of evidence the Chemical Examiner will select articles to be sent to the SerologistIn cases in which the establishment of the fact that bloodstains are of human blood, as distinct from the general classification of Mammalian, is material to the prosecution and has a really important bearing on the case, the blood-stained article shall be sent direct to the Chemical Examiner, who will determine which of such articles he will forward to the Serologist with the necessary sketches, etc, in sending articles for the serological test, the Superintendent of Police shall specially ask for examination to test the source of the blood. The Serologist will, after examining the articles sent to him by the

Chemical Examiner, return them with a copy of his report direct to the Superintendent of Police concerned. (c) In some cases only stained portion of the articles may be sentIn cases of articles of bloodstained clothing, etc, the stained portion only should be cut out and forwarded for determination of the source of blood. In the case of weapons and other solid articles the entire articles should be sent. (d) Medico-legal history of the case should be sent along with the articlesAll article sent should be accompanied by a complete medico-legal history of the case. (e) Article to be sent direct only under the order of Police SuperintendentNo articles should be forwarded direct except under the express orders of the Superintendent of Police. Notes(1) As vegetable poisons cannot be detected in ashes it has accordingly been held useless to forward such poisons to the Chemical Examiner for detection,vide Punjab Government Letter No. 16781-Medl, dated 5th June, 1923. (2) The Serologist has been appointed to be a Chemical Examiner, to Governmentvide Government of India Notification No. 1168-Health, dated 14th October 1924.
Pard D]

Part D GENERAL

Appendix B deal with medico-legal questionsWith a view to assisting Magistrates and Police Officers to conducting inquiries into cases of suspected murder and other cases in which medico-legal questions are involved, and Appendix B is here to annexed, which contains the following: (a) symptoms produced by some of the more common poisons; (b) Questions that may be put to medical and other witnesses in certain cases ; (c) Points to be inquired into in case of death from rupture of spleen.
APPENDIX A Statement of the conditions of medico-legal inquiry in India as compares with such inquiry in Europe Extract from the Report of the Chemical Examiner, Punjab, for 1873

Conditions in India different from EuropeThe investigation and proof of medico-legal cases in India are generally conducted under very different conditions and by very different means from those in most countries of Europe, and it is very necessary for the officers engaged in this country to understand the value and the significance of the various parts of this investigation that

each has to perform, and especially for the Magistrate to know how his decision is to be modified by the way in which the investigation has been conducted. Proof of poisoning mainly depends on scientific evidence. Poisoning has to be inferred from certain symptoms and chemical evidenceThe proof of poisoning, though it may be clear by other evidence, depends mainly on establishing the cause of certain symptoms, or of death, that is, it rests principally on scientific evidence. Of this evidence there are three partsthe symptoms, the post-mortem appearances, if death occurred, and the chemical evidence from the proper investigation and co-relation of which the unknown cause may be established. In Europe medical practitioners skilled in diagnosis are diffused all over and there is generally a medical attendant to recognise symptoms and certify the causes of deathIn Europe there is a class of qualified medical practitioners, diffused almost universally, who certify to the causes of death, the public registration of which is compulsory. When a person is seized with sudden illness followed or not by death, there is almost always a medical attendant sufficiently skilled in diagnosis to recognise the symptoms as those of some known disease, or, if not, he is able in one class of cases to give an opinion that these symptoms are not those of any known disease but that they are those of a certain injury, or poison, or class of poison; while in another class of cases he may only be able to say that they may possible be those of a certain disease, but that they suspiciously resemble those of some poison or injury. In India a medical attendant is generally not present to certify the cause of death or recognise the symptoms. Police have to get an account of symptoms from ignorant people who are not even inclined to speak the truthIn India, qualified practitioners not being generally diffused among the people the causes of sudden illness of death are not recognised by the ignorant relatives and attendants. In this way many cases of disease may be attributed to poison, or injury, or witch craft, and from ignorance, doubt or enmity be reported to the Police. On the other hand, cases of real poisoning may be passed over as cases of disease. This part of the investigation has generally to be conducted by the Police who cannot be supposed to be skilled in the observation and estimation of symptoms. In addition, they have to get an account of the symptoms after they have occurred and from ignorant witnesses, and they have to contend with a difficulty in getting them to speak the truth unknown in Europe. The evidence so far is, therefore, generally defective, and must be so till there be a class of practitioners spread among the people sufficiently skilled to certify to the causes of deaths. In all possible cases the Police should have the assistance or advice of a Medical Officer, and the evidence of attendant hakims, who often show considerable acuteness in observation, should be taken down and signed by them. Post-mortem examination in Europe is more definiteThe second part of the investigation the post-mortem examination, is generally made in Europe by the medical attendant along with another doctor. In one class of cases an opinion can be affirmed that the post-mortem appearances are, or are not, those of the suspected disease, that they are not, or are those of the suspected injury, poison or class of poisons. In other class, in which the post-mortem appearances are not so diagnostic an opinion can only be given expressing probability or uncertainty.

In India evidence from post-mortem examination is less definite due to various causesIn India the evidence from post-mortem examinations is also generally less definite from various causes. Not only is the evidence regarding symptoms, which ought to guide in distinguishing suspected and possible causes of death, more imperfect, but very often the autopsy has to be performed without any information at all. The number of possible causes of death being very numberous, it is in such cases only possible to give an opinion of certainty or probability when marked and profound lesions are left by disease, injury and poison and there is a chance of uncommon lesions or slight appearances which might prove important in evidence being overlooked. Again, the body often reaches the Medical Officer advanced in decomposition, when the slighter appearances left by disease, injury or poison, may not be recognisable. But in all cases it is distinctly to be understood that the examination should be made, as even in such cases many causes of death may be established or negatived. Also, in all cases a complete and not a partial examination is more necessary, in this country on account of the imperfectness of the preliminary evidence as to the possible causes of death. Different causes may afterwards he suggested in the evidence regarding which judicial inquiries may be made. Police to supply to the Medical Officer an account of the suspicious circumstances of deathIn order to render this part of the evidence more definite and valuable, it is necessary that the Police, in handing over the body for examination, should at the same time hand over an account of all that is known as to suspicious circumstances of death, and it should be noted by the Medical Officer whether he was in possession of this information or not when making the postmortem examination. In Europe chemical evidence is more definite as the preceding evidence is perfectIn Europe the third part of the evidencethe chemicalis one of the most definite in its results. The symptoms and post-mortem appearances recorded by duly qualified and informed observers are laid before the Chemical Examiner, and the question asked is whether one poison, or at most one of a class of poisons, be present in the substances sent; and he certifies to the presence or absence of those of the poisons indicated, which can be identified by Chemistry. This is not so in India, the preceding evidence being imperfectIn India, from the imperfectness of the preceding evidence, the problem proposed is more indeterminate and often insoluble. As a general rule, substances have hitherto been sent for analysis with no information as to what poisons might possibly have been used. This problem, which is seldom met with in a lifetime by an expert in Europe, resolves itself into a search for the poisons commonly used in the country, unless some suspicious appearances or particles lead to a conjecture in another direction. The number of substances that may cause death being practically indefinite, it would be impossible with a limited amount of material and time to attempt anything else. Chemical Examiner should certify as to poison he was led to examineIn order that the Chemical Examiners evidence may be as definite as possible, if no poison is found, he should distinctly certify as the poison he was led to examine for and whose absence he demonstrated. In England scientific witnesses are cross-examined both as to the facts observed and the opinions formed by themThe position of the Magistrate as regards the scientific witness differs in India and England. In England, the scientific witnesses are really cross-examined by the

defence both as to the facts they have observed and the opinions they bring forward and similar witnesses may be brought forward to challenge their statements. This is not so in India. The Chemical Examiner should therefore restrict himself to statement of observed or demonstrated facts and should not make mention of probabilities or opinionsIn India, this is very seldom possible. The Civil Medical Officer has practically function rather resembling those entrusted to him in some countries of Europe. He is a Government official charged with the investigation of facts, regarding which he has to give evidence in the same way as the Police Officer. In addition, he has to interpret to the Court the precise value, significance and limits of the scientific evidence; and it is his duty to bring forward with judicial carefulness any conclusions or opinions connected with the facts. The Chemical Examiner should restrict himself to a statement of observed or demonstrated facts, and should on no account make mention of probabilities or opinions, unless specially asked; but it is his duty to reply to a question regarding the meaning or limits of the scientific evidence which the local Medical Officer may with to be referred or which the Court may choose to propose. Magistrate should consider how far the scientific evidence proves or disproves anythingIf the cause of death be not satisfactorily proved by the scientific evidence, the Magistrate has to consider to what extent it proves or disproves anything. It is purely negative in value in the case of poisons not detectible by Chemistry which do not produce symptoms and post-mortems appearances distinguishable with certainty from those of disease or injury. It is also negative in the case of detective poisons of which the symptoms and post-mortem appearances alone are not decisive, when the Chemical Examiner has not been led to examine for those poisons. In this class of cases the proof principally depends on whether the Medical Officer was in possession of the suspicious circumstances of death when making the post-mortem examination and whether the Chemical Examiner knew both these when examining for poison. If the latter had no information he could only certify to the absence of common poison; and it is to be remarked that the large number of poisoning cases proved in this country is due to the ignorance of the natives, and that, as intelligence spreads, uncommon poisons will be used more frequently. A poison may be given in various ways and yet be not detectedIf no poison has been found, it should be noted that it may have been administered in the following cases: 1stIf a poison has been given for which there are no chemical tests; 2ndIf a detectable poison were used for which the Chemical Examiner was not led to examine; 3rdIf a volatile poison has been used which has been placed in circumstances in which it might have volatilized; 4thIf certain organic poisons have been used, and a sufficient time has elapsed for their decomposition;

5thIn the case of most organic poisons it is only the part left in the stomach after death that can be discovered, that which is absorbed into the system becomes chemically changed; so that it is really the part that does not cause death that is detected. Consequently, if the stomach has been well cleared out by the stomach pump or vomiting, or if sufficient time has elapsed before death to allow the poison to be absorbed, none may be detected; 6thEven in the case of metallic poisons, which can be detected after absorption, if sufficient time (three weeks to a month) elapse before death the whole of the poison may be eliminated from the system by the kidneys, etc., and the patient may die from the lesions caused by the poison.
APPENDIX B (a) A Short Memorandum by the Chemical Examiner, Punjab, of the Symptoms Produced by some of the more Common Poisons

Poisons and their Usual Symptoms Arsenic (Sammal-far, Sankhya Hartal and Mansil)Vomiting ; burning pain in the stomach; great thirst; purging; sometimes cold skin; cramps in the limbs and sleepiness. Opium (Afiun, Afim)Sleepiness; pupils small; complete insensibility, skin sweating; vomiting seldom occurs. Aconite (Bish)Numbness and tingling in the mouth and throat, afterwards in the limbs; forthing at the mouth; sleepiness; occasionally convulsion or delirium or paralysis. Dhatura (Dhatura)Sleepiness; pupils enlarged; delirium; insensibility; vomiting rare. Nux-vomica(Kuchlla)Twitching in the limbs followed by violent spasms and often lockjaw. The spasm ceases for a time and then again returns, often without evident cause ; it usually affects the whole body. Shortest time before symptoms, 5 minutes. Shortest time before death 1 hour. NoteAny one of the above symptoms may be absent, though the poison by which they are usually caused has been administered. ArsenicOrdinary interval between taking the poison and the appearance of symptoms, 1/2 to 1 hour. Ordinary time before death, 6 to 12 hours. OpiumOrdinary interval before symptoms, 1/2 to 1 hour. Ordinary interval before death, 6 to 12 hours.

AconiteOrdinary interval before symptoms, 15 minutes. Ordinary interval before death, 1 to 8 hours. DhaturaOrdinary interval before symptoms, 5 to 10 minutes. Ordinary interval before death, 6 to 12 hours. Nux-VomicaOrdinary interval before symptoms, 1/4 to 1 hour. Ordinary interval before death, 6 to 12 hours.
(b) Questions that may be put to Medical and other Witnesses in certain cases No. I Questions which may be put to medical witnesses in a case of suspected poisoning after post-mortem examination of the body

(i) Did you examine the body of. . . . . . . . . late a resident of. . . . . . . . . and, if so, what did you observe? (ii) What do you consider to have been the cause of death ? State your reasons. (iii) Did you find any external marks of violence on the body ? If so, describe them. (iv) Did you observe any unusual appearances on further examination of the body ? If so, describe them. (v) To what do you attribute these appearances; to disease, poison or other cause ? (vi) If to poison, then to what class of poisons ? (vii) Have you formed an opinion as to what particular poison was used ? (viii) Did you find any morbid appearances in the body besides those which are usually found in cases of poisoning by . . . . . . . . . ? If so, describe them. (ix) Do you know of any disease in which the post-mortem appearances resemble those which you observed in this case ? (x) In what respect do the post-mortem appearances of that disease differ from those which you observed in the present case ? (xi) What are the symptoms of that disease in the living ? (xii) Are there any post-mortem appearances usual in cases of poisoning by . . . . . . . . . , but which you did not discover in this instance ?

(xiii) Might not the appearances you mention have been the result of spontaneous changes in the stomach after death ? (xiv) Was the state of the stomach and bowels compatible or incompatible with vomiting and purging ? (xv) What are the usual symptoms of poisoning by . . . . . . . . . ? (xvi) What is the usual interval between the time of taking the poison and the commencement of the symptoms ? (xvii) In what time does . . . . . . . . . generally prove fatal ? (xviii) Did you send the contents of the stomach and bowels (or other matters) to the Chemical Examiner ? (xix) Were the contents of the stomach (or other matters) sealed up in your presence, immediately on removal from the body ? (xx) Describe the vessel in which they were sealed up and what impression did the seal bear ? (xxi) Have you received a reply from the Chemical Examiner; if so, is the report now produced that which you received ? (xxii) (If a female adult), what was the state of the uterus ?
_____________ No. II Questions that may be put to a non-professional witness in a case of suspected poisoning

(i) Did you know . . . . . . . . ., late a resident of . . . . . . . . . ? If so, did you see him during his last illness and previously ? (ii) What were the symptoms from which he suffered ? (iii) Was he in good health previous to the attack ? (iv) Did the symptoms appear suddenly? (v) What was the interval between the last time of eating or drinking and the commencement of the symptoms ? (vi) What was the interval between the commencement of the symptoms and death ? (if death occurred).

(vii) What did the last meal consist of ? (viii) Did anyone partake of this meal with . . . . . . . . . (ix) Were any of them affected in the same way ? (x) Had . . . . . . . . . ever suffered from a similar attack before ? (If any of the following symptoms have been omitted in answer to question I, special questions may be asked regarding them as follows). (xi) Did vomiting occur ? (xii) Was there any purging ? (xiii) Was there any pain in the stomach ? (xvi) Was . . . . . . . . . very thirsty ? (xv) Did he become faint ? (xvi) Did he complain of headache or giddiness ? (xvii) Did he appear to have lost the use of his limbs ? (xviii) Did he sleep heavily ? (xix) Had he any delirium ? (xx) Did convulsions occur ? (xxi) Did he complain of any peculiar taste in the mouth ? (xxii) Did he notice any peculiar taste in his food or water ?
1

(xxiii) Was he sensible in the intervals between the convulsions ?

(xxiv) Did he complain of burning or tingling in the mouth and the throat, or of numbness and tingling in the limbs ?
2

____________ No. III Questions which may be put to medical witness in a case of supposed death by wounds or blows, after post-mortem examination of the body

(i) Did you examine the body of. . . . . . . . . late a resident of. . . . . . . . .; and, if so, what did you observe ? (ii) What do you consider to have been the cause of death ? State your reasons. (iii) Did you find any external marks of violence on the body ? If so, describe them. (iv) Are you of opinion, that these injuries were inflicted before or after death ? Give reasons. (v) Did you examine the body internally ? Describe any unnatural appearance which you observed ? (vi) You say that in your opinion . . . . . . . . . was the cause of death; in what immediate way did it prove fatal ? (vii) Did you find any appearance of disease in the body ? (viii) If so, do you consider that, if the deceased had been free from this disease, the injuries would still have proved fatal ? (ix) Do you believe that the fact of the suffering from this disease lessened his chance of recovery from the injuries sustained ? (x) Are these injuries taken collectively or is any one of them ordinarily and directly dangerous to life ? (xi) Have they been caused by manual force or with a weapon ? (xii) Did you find any foreign substance in the wound ? (xiii) By what sort of weapon has the wound been inflicted ? (xiv) Could the injuries have been inflicted by the weapon now before you (No. . . . . . . . . in the Police charge sheet)? (xv) Could the deceased have walked so far, or spoken, etc., after the receipt of such an injury ? (xvi) Have you chemically, or otherwise, examined the stains on the weapon, clothes, etc, now before you (No. . . . . . . . . in the Police charge sheet) ?

(xvii) Do you believe the stains to be those of blood ? (xviii) What time do you think elapsed between the receipt of the injuries and death ? (xix) What was the direction of the wound, and can you form an opinion as to the position of the person inflicting such a wound with respect to the person receiving it? (xx) Is it possible for such a wound to have been inflicted by any one on his own person ? Give your reasons. (xxi) Give precise direction of the wound (in gun shot wounds). (xxii) Did the appearance of the wound indicate that the gun had been discharged close to the body or at some distance from it ? (xxiii) Did you find any slug, bullet, wadding, etc., in the body ? (xxiv) Do you think it possible that you could have mistaken the aperture of entrance for that of exit ?
____________ No. IV Questions that may be put to a medical witness in a case of supposed infanticide after post-mortem examination of the body

(i) Did you examine the body of a male/female child sent to you by the District Superintendent of Police on the . . . . . . . . . of . . . . . . . . . 19. . . . .? And, if so, what did you observe ? (ii) Can you state whether the child was completely born alive or born dead ? State the reasons for your opinion. (iii) What do you consider to have been the cause of death ? Give your reasons. (iv) What do you believe to have been the uterine age of the child ? State your reasons. (v) What do you believe to have been the extra-uterine of the child ? Give reasons. (vi) Did you find any marks of violence or other unusual appearance externally ? If so, describe them accurately. (vii) Did you find any morbid or unusual appearances on examination of the body internally ? If so, describe them accurately. (viii) Do you believe the injuries you observed to have been inflicted before or after death ? Give reasons.

(ix) Can you state how they were inflicted ? Give reasons. (x) Do you consider that they were accidental or not ? Give reasons. (xi) Had the infant respired fully, partially, or not at all ? (xii) Did you examine the person of. . . . . . . .the alleged mother of the infant ? If so, have you reason to suppose that she was recently delivered of a child ? Can you state approximately the date of her delivery ? Give reasons.
____________ No. V Questions that may be put to a medical witness in a case of supposed death by hanging or strangulation

(i) Did you examine the body of. . . . . . . . . late a resident of. . . . . . . . .? And if so, what did you observe ? (ii) What do you consider to have been the cause of death ? State the reasons for your opinion. (iii) Did you observe any external mark of violence upon the body ? (iv) Did you observe any unnatural appearances on examination of the body internally ? (v) Was there any rope or other such article round the neck when you saw the body? (vi) Can you state whether the mark (or marks) you observed were caused before or after death ? (vii) By what sort of articles do you consider the deceased to have been hanged (or strangled) ? (viii) Could the marks you observed have been caused by the rope or other article now before you (No. . . . . . . . . of the Police charge sheet) ? (ix) Do you think that this rope could have supported the weight of the body ? (x) Would great violence be necessary to produce the injuries you describe ? (If strangulation).

____________ No. VI Questions that may be put to a medical witness in a case of supposed death by drowning, after post-mortem examination of the body

(i) Did you examine the body of. . . . . . . . . late a resident of. . . . . . . . .? And, if so, what did you observe ? (ii) What did you consider to have been the cause of death ? State your reasons. (iii) Where there any external marks of violence upon the body ? If so, describe them. (iv) Describe any unnatural appearances which you observed on further examination of the body. (v) Did you find any foreign matters, such as weeds, straw, etc., in the hair, or clenched in the hands, of the deceased or in the air passages, or attached to any other part of the body ? (vi) Did you find any water in the stomach ?
____________ No. VII Questions that may be put to medical witness in a case of alleged rape

(i) Did you examine the person of. . . . . . . . .? If so, how many days-after the alleged rape did you make the examination, and what did you observe ? (ii) Did you observe any marks of violence about the vulva or adjacent parts ? (iii) Are these injuries such as might have been occasioned by the commission of rape ? (iv) Was the hymen ruptured ? NoteThis question only to be asked in the case of the rape of a girl of tender years. (v) Did you observe any further marks of violence upon the person of the woman ? (vi) Had she passed the age of puberty ? (vii) Can you state approximately what her age was ? (viii) Did you find her to be a strong, healthy woman, or so weakly as to be unable to resist an attempt at rape ?

(ix) Did you examine the person of the accused ? (x) Did you observe any marks of violence upon his body ? (xi) Was he suffering from any venereal disease ? (xii) Did you find the woman to be suffering from a similar or other venereal disease ? (xiii) Had a sufficient time elapsed, when you examined the person of the woman, for venereal disease to have made its appearance, in case of her having been infected ? (xiv) Can you state, approximately, how long the accused had been suffering from the complaint ? (xv) Can you state, approximately how long the woman had been suffering from this (venereal) complaint ? (xvi) Have you examined the stained articles forwarded to you, and now in Court (No. . . . . . . . . of Police charge sheet) ? (xvii) What is the result of your examination ? (xviii) Do you believe that rape has been committed or not ? State your reasons.
____________ No. VIII3 Questions that may be put to a medical witness in case of suspected insanity

(i) Have your examined . . . . . . . . . ? (ii) Have you done so on several different occasions so as to preclude the possibility of your examinations having been made during lucid intervals of insanity ? (iii) Do you consider him to be capable of managing himself and his personal affairs ? (iv) Do you consider him to be of unsound mind, in other words, intellectually insane ? (v) If so, do you consider his mental disorder to be complete or partial ? (vi) Do you think he understands the obligation, of an oath ? (vii) Do you consider him, in his present condition, competent to give evidence in a Court of Law ?

(viii) Do you consider that he is capable of pleading to the offence of which he now stands accused ? (ix) Do you happen to know how he was treated by his friends (whether as a lunatic, an imbecile or otherwise) prior to the present investigation and the occurrences that have led to it ? (x) What, so far as you can ascertain, were the general characteristics of his previous disposition ? (xi) Does he appear to have had any previous attacks of insanity ? (xii) Is he subject to insane delusions. (xiii) If so, what is the general character of these ? Are they harmless or dangerous ? How do they manifest themselves ? (xiv) Might such delusion or delusions have led to the criminal act of which he is accused ? (xv) Can you discover the cause of his reason having become affected ? In your opinion was it congenital or accidental ? (xvi) If the latter, does it appear to have come on suddenly, or by slow degrees ? (xvii) Have you any reason for believing that his insanity is of hereditary origin ? If so, specify the grounds for such an opinion; and all the particulars bearing on it as to the insane parents or relatives of the accused; the exciting cause of his attack; his age when it set in; and the type which it assumed. (xviii) Have you any reason to suspect that he is, in any degree, feigning insanity ? If so, what are the grounds for this belief ? (xix) Is it possible, in your opinion, that his insanity may have followed the actual commission of his offence, or been caused by it ? (xx) Have you any reason to suppose that the offence could have been committed during a lucid interval, during which he could be held responsible for his act ? If so, what appears to you to have been the duration of such lucid interval ? Or, on the contrary, do you believe his condition to have been such as altogether to absolve him from legal responsibility? (xxi) Does he now display any signs of homicidal or of suicidal mania, or has he ever done so to your knowledge ? (xxii) Do you consider it absolutely necessary, from his present condition, that he should be confined in a lunatic asylum ? or again :

(xxiii) Do you think that judicious and unremitting supervision, out of an asylum, might be sufficient to prevent him from endangering his own life or the lives or property of others?
____________ No. IX Questions that may be put to a medical witness in a case of alleged causing miscarriage (Sections 312-316, Indian Penal Code)

(i) Did you examine the person of. . . . . . . . . If so, when What did you observe? (ii) Are you of opinion that a miscarriage has occurred or not ? Give your reasons. (iii) In what mode do you consider the miscarriage to have been produced, whether by violence per vaginam, or by external violence or by the use of irritants internally ? Give your reasons. (iv) It is alleged that a drug called. . . . . . . . . was used, state the symptoms and effects which the administration internally of this drug would produce. Do you consider that it would produce miscarriage ? (v) Can you state whether the woman was quick with child when the miscarriage was produced ? State you reasons. (vi) Did you see the foetus ? If so, at what period of gestation do you consider the woman to have arrived ?
____________ No. X Questions that may be put to a medical witness in a case of grievous hurt

(i) Have you examined. . . . . . . . .? If so, state what you have observed. (ii) Describe carefully the marks of violence which you observed. (iii) In what way do you consider the injuries to have been inflicted; If by a weapon, what sort of a weapon do you think was used ? (iv) Do you consider that the injuries inflicted could have been caused by the weapon now shown to you (No. . . . . . . . . of Police charge-sheet) ? (v) What was the direction of the wound, and can you form an opinion as to the position of the person inflicting such a wound with respect to the person receiving it?

(vi) Is it possible for such a wound to have been inflicted by any one on his own person ? Give your reasons. (vii) Do you consider that the injuries inflicted constitute any of the forms of grievous hurt defined in Section 320 of the Indian Penal Code ? If so, which of them ? Give your reasons. The Magistrate in putting this question will show the Indian Penal Code to the witness, or the Magistrate may vary the form of the question so as to elicit the required information without calling the witnesss attention to the Code. (viii) Do you consider that the person injured is now out of danger ? (ix) It is alleged that the injuries were caused by. . . . . . . . . Could they have been caused in the manner indicated ? (x) Have you chemically or otherwise examined the stains (on the weapon, clothes, etc), now before you (No. . . . . . . . . in the Police charge-sheet) ? (xi) Do you believe the stains to be those of blood ? NoteIn case of the injuries being gun-shot wounds, questions XXI to XXIV under the head of No. Ill (Death by wounds) may be put to the witness.
(c) Points to be inquired into in a case of death from rupture of the spleen Report on rupture of the spleen, by Dr. Burton-Brown, late Principal of the Lahore Medical College

Rupture of the spleen usually occurs from violence affecting the spleen when it is already diseased, but it may occur when the structure is quite healthy of the violence is very great, or it can happen without violence if the spleen is in a very diseased state; rupture has been known to have occurred either from muscular efforts, or staining, coughing or vomiting or even, it is stated, spontaneously in intermittent fever; but these cases are very rare. It is therefore, of great importance to determine what was the condition of the spleen in all cases in which death has been caused by rupture of this substance. When the spleen is ruptured by violence the marks of that violence can sometimes be seen on the body but not in all cases, since rupture of the spleen often produces death so rapidly that no effusion of blood can occur, and also sometimes the violence appears only to effect the spleen, and not to injure other parts. It is, therefore, quite possible that the spleen should be ruptured by violence and yet no evidence of the injury he seen on the skin or other parts of the body. The condition of the spleen previous to rupture can generally be determined by its size and consistency after death. A healthy spleen measures about 5 or 5 inches long, 3 or 4 inches

wide, and 1 to 1 thick, and it weights about 6 ouncesvarying from 4 to 8. When the spleen is so diseased as to render a rupture from slight violence probable, it will often weigh from 10 to 30 ounces, and measures from 7 to 12 inches in length. The healthy spleen does not project beyond the ribs but the diseased spleen does so,often to considerable distance. The consistency of the spleen, when healthy, is moderately firm, so that it may be cut with ease, leaving a sharp edge and smooth surface when divided, but in disease the spleen may become quite soft and pulpy or even diffluent, so as to fall away like a thick liquid when the capsule is divided. The condition, however, may also occur from putrefaction of the body if kept long after death or if the weather is very warm; and therefore these circumstances should also be ascertained. The enlargement and softening of the spleen from disease is usually a result of previous attacks of intermittent fever or ague; it may also occur in other disease, especially typhoid fever, scurvy and purpura. The part of the spleen which is usually ruptured in the concave or inner surface and the extent of the rupture varies greatly; but death usually occurs more rapidly in proportion as the rupture is larger and deeper. When the rupture is small, the patient may live several days, or may even recover entirely. If the rupture is extensive, the person is usually incapable of moving from the place where the rupture occurred. Lastly, in some instances, the spleen is covered with a layer or membrane caused by previous attacks of inflammation; this may delay or even prevent death by limiting the rupture or preventing excessive bleeding. The questions, therefore, which appear necessary to ask in cases of death from rupture of the spleen are IstWhat appearances of external violence were perceptible on the body ? 2ndWhat was the size and weight of the spleen after death ? 3rdHow far did it project beyond the ribs ? 4thWhat was the consistency of the spleenhard, firm, soft, pulpy or diffluent ? 5thHow long after death was the body examined and what was the temperature of the air ? 6thWas the body much putrefied ? 7thWhat was the position of the rupture ? 8thWhat was the length and breadth of the rupture ?

9thIs it your opinion that the rupture was caused by external violence or not ? State your reasons for your opinion. 10thWere there any adhesions about the spleen; if so, were they older than the rupture or not ? 1. This is with reference to Nux-Vomica. 2. This is with reference to Aconite. 3. With regard to lunatics, see Chapter 17.

CHAPTER 19
Ch. 19

Sentences
Part A]

Part A GENERAL

1. The award of suitable sentence depends on a variety of considerationsThe determination of appropriate punishment after the conviction of an offender is often a question of great difficulty and always requires careful consideration. The law prescribes the nature and the limit of the punishment permissible for an offence, but the Court has to determine in each case a sentence suited to the offence and the offender. The maximum punishment prescribed by the law for any offence is intended for the gravest of its kind and it is rarely necessary in practice to go up to the maximum. The measure of punishment in any particular instance depends upon a variety of considerations such as the motive for the crime, its gravity, the character of the offender, his age, antecedents and other extenuating or aggravating circumstances, such as sudden temptation, previous convictions, and so forth, which have all to be carefully weighed by the Court in passing the sentence. 2. Various kinds of punishments. Minimum and enhanced punishments prescribed in different casesThe Indian Penal Code permits (vide Section 53) the following classes of punishments viz. fine, imprisonment, imprisonment for life and death. The sentence of forfeiture of property was abolished for certain offences (e.g. Sections 121 and 122) by Act XVI of 1921 but can be imposed for certain other offences (e.g. Sections 126 and 127). The sentence of pental servitude which could be awarded against Europeans and Americans in lieu of transportation was abolished by Act XVII of 1949. Act 26 of 1955 has abolished the sentence of transpiration and Act 44 of 1955 which has repealed the Whipping Act, 1909, abolishes the sentence of whipping which could be imposed in lieu of or in addition to other punishments. The Reformatory Schools Act, 1897, provides for youthful offenders (i.e., offenders below the age of 15 years) sentenced to imprisonment being detained in a Reformatory School instead of being sent to Jail. Section 562 of the Criminal Procedure Code enables the Court to release offenders in certain cases after taking a bond for good behaviour or in trivial cases even with a mere admonition. On the other hand there are certain offences for which a minimum punishment is prescribed (see e.g. Section 397, Indian Penal Code), and the Court cannot pass a lesser sentence on a person convicted of such an offence. Section 75 of the Indian Penal Code makes a previous convict liable to enhanced punishment in the case of certain offences. There are also other Acts of the Legislature, (e.g, the Punjab Excise Act), which lay down an enhanced penalty for repetition of an offence.

In certain cases, the Court can take action when passing the sentence to ensure good behaviour on the part of a convict on his release from jail. In the case of a person convicted of an offence involving a breach of the peace, the Court can order him to execute a bond for keeping peace for a period up to three years (Section 106, Criminal Procedure Code). Section 565, Criminal Procedure Code [Section 356 of the New Code] enables Courts to order convicts to remain under police surveillance after their release from jail in the case of certain offences. In the same circumstances, an order of restriction can be passed under Section 8 of the Restriction of Offenders Act, 1918. 3. Limits of the sentences which different classes of Magistrates can imposeIn passing sentence, the Court has not only to bear in mind the nature and the limit of the punishment prescribed for the offence of which the accused is found guilty, but also the nature and the limit of the punishment which it is empowered to impose. Sections 31 to 35 of the Criminal Procedure Code [Sections 28 to 31 of the New Code] lay down the limits of the sentences which different classes of Courts are empowered to impose. Magistrates of the 2nd or 3rd class are not empowered to exercise powers under Section 565, Criminal Procedure Code [Section 356 of new Code]. Nor can they deal with first offenders under Section 562, Criminal Procedure Code. [Section 360 of the New Code] unless empowered by the State Government. In the Punjab, however the State Government has empowered all Magistrates of the 2nd class to take security from first offenders under Section 562 of the Criminal Procedure Code [Section 360 of the New Code]. The powers under the Reformatory Schools Act cannot be exercised by any Magistrate other than the District Magistrate, unless he is specially empowered by the State Government in that behalf. 4. Procedure when Magistrate thinks that the accused should receive greater punishment than he can awardWhen a Magistrate of the 2nd or 3rd class is of opinion that an offender should receive a punishment different in kind from or more severe than that which such Magistrate is empowered to inflict or that he should be sent to a Reformatory School, he should, take action under Section 349, Criminal Procedure Code [Sections 325 of the New Code], and forward the proceedings to the District Magistrate or the Sub-Divisional Magistrate to whom he is subordinate. Similarly when a Magistrate of the 1st class is of opinion that an offender, owing to previous convictions or other circumstances deserves a severer sentence than what he can inflict, he should report the case to the District Magistrate with a view to have it transferred to a Magistrate empowered under Section 30 of the Criminal Procedure Code or should commit the case to the Session Court if the case is serious enough to justify that course. Instructions on this subject in chapter 23 relating to Habitual offenders should also be consulted in this connection. 5. Limitation imposed by Section 71, Indian Penal Code, and Section 35, Criminal Procedure Code Sentences in cases of accused convicted of several offences concurrent sentencesWhere a person is convicted of an offence which is made up of parts each of which constitute an offence or when a person is convicted of more offences than one, the limitation imposed by Section 71 Indian Penal Code, and Section 35, Code of Criminal Procedure [Section 31 of the New Code] must be adhered to. When a person is convicted of more than one offence, the Court should be careful to pass a separate sentence for each offence, so that if the conviction is set aside on appeal with respect to one of the offences, there will be no room for doubt as to the sentences passed with respect to the rest. The Court has a discretion to make such sentences

run concurrently, and this discretion should be exercised so as to make the effective sentence proportionate to the gravity of the offence. Under Section 397 of the Code [Section 427 of the New Code] (as amended in 1923 and 1955) the Court has now power to order, in the case of an accused person, who is already undergoing imprisonment for another offence, that a subsequent sentence of imprisonment passed on him shall take effect at once and run concurrently with the sentence he is undergoing. Where, however, the previous sentence is of imprisonment for life, the subsequent sentence of imprisonment must be made to run concurrently with such previous sentence. 6. Recommendations to Government for remission or commutation of punishment Whenever it is considered necessary in a case to recommend the remission or commutation of a sentence, the instructions contained in Chapter 20-F of this Volume and the provisions of Sections 401 and 402 of the Code [Sections 432-434 of the New Code] (as amended by the Adaptation of Laws Order, 1950) may be referred to.
PArt B]

Part B FINE

1. Fine to be in proportion to offenders meansThis is the lightest form of punishment which a Criminal Court can impose, but care should always be taken to see that the fine is not excessive with reference to the means of the offender. Indiscriminate imposition of fines without due regard to the capacity of the convict to pay it only results in waste of time of the Courts and the Police in attempting to realise it, and harassment to the convict and his dependants. If in awarding sentences of imprisonment in default of payment of fines, regard is had to the status of the accused and the sentence properly regulated, the accused may be induced to pay the fine rather than evade such payment. 2. LimitationsCourts are empowered to impose imprisonment in default of payment of fines, but such imprisonments can only be awarded subject to the limitations prescribed in Sections 64 to 67 of the Indian Penal Code [Sections 44(1)(2) and 60 (1)(2) of the New Code]. 3. Instalments or postponement of realisation of fineWhen an offender has been sentenced to fine only and to imprisonment in default of fine and the fine is not paid forthwith, the Court can, under Section 388 of the Code of Criminal Procedure, order that the find be paid within a certain period or in instalments as laid down in that section.
Part C]

Part C IMPRISONMENT

1. Kinds of imprisonment and their selectionThe Indian Penal Code provides for imprisonment of two kinds, viz.; simple and rigorous, and the Court must choose one or the other form in view of all the circumstances. In certain Local and Special Acts, it will be found that the Legislature has not specified the kind of imprisonment which may be awarded, under Section 3(27) of the General Clauses Act, 1897, such imprisonment may be simple or rigorous. In the case of many offences under the Indian Penal Code and other Acts, it is provided that the

offender shall be punished with imprisonment up to a certain term and shall also be liable to fine. In such cases the offender must be sentenced to some period of imprisonment (however small), but it is not obligatory to impose fine in addition, as supposed by some Magistrates. 2. When simple imprisonment is suitableSimple imprisonment is suitable where a fine will not suffice and a very short term of imprisonment has to be imposed. This ensures casual offenders being kept apart from the contamination of hardened criminals. 3. When solitary confinement is suitableThe Indian Penal Code provides for solitary confinement being awarded up to a certain limit (vide Section 73). This form of punishment is appropriate in the case of the more heinous class of offences. If should be borne in mind, however, that solitary confinement can be, awarded in the case or offences under the Indian Penal Code only and not in the easy or offences under Special or Local Acts. 4. Short term imprisonmentShort term imprisonments should ordinarily be avoided and before passing such sentences the Court should consider whether the imprisonment till the rising of the Court, allowed by law, could not appropriately be passed instead, or the provisions of Section 562 of the Code [Section 360 the New Code] applied in favour of the accused. This is, however, not intended to fetter the judicial discretion of the Courts. 5. Short term imprisonmentThe Honourable the Chief Justice and the Judges have expressed agreement with the following paragraphs of the Report of the Jail Reforms Committee, recommending abolition of short term sentences: 23. It is common knowledge that short sojourn in jail is very harmful to the first offender in as much as by association with other prisoners, such sojourn may result in making an ordinary offender to become a hardened a criminal. Besides, such short sentences take away the fear of jail life from the mind of the offenders as well as from the public mind. They provide more work for the jail officials and are uneconomical to the state. Evidently short sentences cannot be reformatory in character. It is for this reason that in many countries, sentences of imprisonment for less than 4 weeks have been abolished. The Committee also recommends that simple imprisonment for less than four week should be abolished. 270. * * * * It is considered opinion of prisoner experts that a short sentence is neither deterrent nor reformative in its effect, but is positively harmful. As said in the Indian Jail Committees report short sentence was often the introduction of life of crime. If familiarised the offender with prison, destroyed his self-respect, and made him indifferent to further disgrace. The only justification for the award of short sentence was the lack of a suitable alternative. Trivial offences in respect of which short sentence are passed could equally be suitable dealt with by imposing fine, admonishing or awarding a sentence till the rising of the Court. In many such cases the publicity and inconvenience and anxiety of a public trial are more punishing than a sentence. (Mr. Justice Heaton) there may, however be occasions when in the opinion of the Court, imprisonment is the only sentence and the ends of justice would not be met by a mere sentence of fine. The Court can while dealing with such case give a sentence of

imprisonment but all the same our recommendations considering all the pros and cons of the question would be that the sentence should not be for a period less than four weeks.
Part D]

Part D DETENTION IN A REFORMATORY SCHOOL

See Chapter 22, relating to youthful offenders.

Part E]

Part E DEATH SENTENCES

1. Instructions to be observed by Courts passing death sentencesWhen a convict is sentenced to death by a Court of Sessions, it must: (i) direct by its sentence that he be hanged by the neck till he is dead (Section 368 of the Code); (ii) submits its proceedings to the High Court for confirmation of the sentence (Section 374); and (iii) inform the convict of the period within which he must appeal if he wishes to do so [Section 371 (3)].

CHAPTER 20
Ch. 20

Execution of Sentences
Part A]

Part A FINES

Realization of finesFor instructions regarding the realization of fines, see Volume IV Chapter 11.
Part B]

Part B WARRANTS FOR EXECUTION

1. Filling in warrantsWarrants of commitment issued by European Magistrates should, as a rule, and especially in cases where more than six months imprisonment is awarded, be filled up in English; but cases need never be delayed on this account, as the printed forms leave very little to be filled up in writing. NoteInstructions have been issued to Superintendents of jails that in cases in which more than six months imprisonment is awarded by a European Magistrate and the warrant is not filled up in English, a fresh warrant in due form should be called for and substituted for that originally sent. 2. Officer signing the warrant is responsible for its accuracyWarrants issued by an Indian Magistrate should be in Urdu unless he is well acquainted with English. The objects to be attained are, that the officer who signs a warrant should be responsible for its contents, and that all warrants should, as far as possible, be uniform. 3. (i) Signature by means of a stamp not permissibleThe Code of Criminal Procedure enacts that every warrant should be signed by the Magistrate with his own hand, and the practice of affixing a signature by means of stamp is strictly and should never be resorted to. An officer in charge of a jail would be justified in refusing to receive or detain a prisoner in jail on a warrant to which is affixed a signature by means of a stamp. (ii) Warrants should be signed, sealed and in the prescribed formWarrants of commitments should be in the form prescribed by Schedule V to the Code of Criminal Procedure, and should be signed in full (not initialled) by the Judge or Magistrate who issues it, and should be sealed with the seal of the Court.

(iii) Separate warrants for each personIn the case of under-trial prisoners, the warrant of commitment for intermediate custody should be prepared with the greatest care possible with reference to the above instructions. A separate warrant should be issued in respect of each person committed to jail. (iv) Superintendent of Jail should not refuse to admit a prisoner owing to defect in the warrant Except in cases falling under clause (i) of this rule the Superintendent of a Jail not refuse to admit a person where the above instructions have not been carried out, but he should draw the immediate attention of the Magistrate concerned to the defect, and ask for its rectification at once, sending at the same time a copy of his letter to the Magistrate of the district for his information. (v) Leper convicts to be sent to Tarn Taran JailPersons sentenced to imprisonment who are found to be suffering from leprosy in a communicable form should be sent to the Leper Asylum at Tarn Taran. (vi) Class of prisoner when other than C to be noted in the warrantWhen a Court places a prisoner in a class other than C, it should make an endorsement to this effect on the warrant of commitment. 4. Warrants for release or remission of sentenceWarrants for the release or remission of sentences of prisoners confined in jail warrants for the release of prisoners on bail, and intimations of payment of fine sent to jail authorities should always be drawn up in Urdu or in English, and should be signed in full by such officer and sealed with the seal of his Court. On receipt of a warrant for the release of a prisoner it should be forwarded without delay by registered cover to the jail in which the prisoner is confined, if it is necessary to send it through the agency of the post. 5. (i) In case of dacoity or other organised crime, Court should note on the warrant the nature of the crime and convictIn accordance with the request of the State Government communicated in the letter from the junior Secretary to Government, Punjab, No. 35, dated the 31st January, 1898, it is directed that, in every case of a sentence for dacoity, or other organized crime, the convicting Court shall enter on the warrant of commitment, for the information of the jail authorities, the nature of the crime, and whether the prisoner is a professional, hereditary or specially dangerous criminal. (ii) If this is not note the jail authorities should take steps to have this notedIf in any case this information is not given, the jail authorities will refer the warrant to the Court, which should then have the proper entry made on it. (iii) Court should consult record if requiredIf there is any doubt as to the entry to be made, the Court should decide the question by a reference to the record of the case, or by further inquiry, if necessary.

6. Rules about classification and treatment of convicted and under trial prisonersThe following rules have been made by the Punjab Government under Section 60 of the Prisons Act, 1894, to regulate the classification and treatment of convicted and under-trial prisoners :
Section I Rules for the classification of convicted and under-trial prisoners

1. Three classes(1) Convicted persons shall be divided into three classes, namely, A, B, and C, Class A will contain all prisoners who are (a) non-habitual prisoners of good characters. (b) by social status, education and habit of life been accustomed to a superior mode of living, and (c) have not been convicted of (i) offences involving elements of, cruelty, moral degradation or personal greed; (ii) serious or premeditated violence; (iii) serious offences against property; (iv) offences relating to the possession of explosives, firearms and other dangerous weapons with the object of committing an offence or of enabling an offence to be committed; (v) abetment or incitement of offences falling within these sub-clauses. (2) Class B will consist of prisoners who by social status, education or habit of life have been accustomed to a superior mode of living. Habitual prisoners may be included in this class by order of the State Government. (3) Class C will consist of prisoners who are not classified in classes A and B. 2. Classifying authorityIn the case of classes A and B the classifying authority will be the State Government. Class C will be classified by the trying Courts, but such prisoners will have a right to apply for revision to the State Government.
Part C]

Part C IMPRISONMENT FOR LIFE

Record of the case in which a woman has been sentenced to imprisonment for the murder of her child should be sent to Government through High CourtIn every case in which a sentence of Imprisonment for life is passed on a woman for the murder of her infant child, and the sentence is not appealed against, the record of the case shall, after the expiration of the period allowed for appeal, be forwarded to the High Court for submission to Government, with a view

to the consideration of the question whether any commutation or reduction of the sentence should be allowed.
Part D SENTENCE OF DEATH
Part D]

1. Order of High Court to be sent to Sessions Judge for carrying out sentenceAfter a death sentence has been confirmed or other order has been made by the High Court, the Registrar will return the record, with a duplicate or an attested copy of the order under the seal of the Court, to the Sessions Judge, who will take the steps prescribed by Section 381 of the Code of Criminal Procedure to cause the sentence or order to be carried into effect. For the procedure in issuing a warrant for the execution of a sentence of death, reference should be made to rule (ii) of Part E of this Chapter. 2. Record of case wherein death sentence has been confirmed should be forwarded to GovernmentThe record of every case, as prepared for the use of the High Court, in which the sentence of death has been confirmed by the High Court, should as soon as orders have been passed confirming the death sentence, be forwarded to the State Government together with the Courts order thereon, and the English record of the Sessions Court.
Part E]

Part E EXECUTION OF THE ORDERS OF CRIMINAL APPELLATE COURTS AND COURTS OF REVISION

The following rules, as to the mode of carrying out the orders passed on appeal or in revision by Criminal Courts, should be observed: (i) High Court will certify its decision to Lower CourtThe High Court will certify its decision to the Court from whose judgment the petition of appeal or application for revision was preferred: Provided that if such judgment was that of a Court subordinate to the Magistrate of the district, the decision of the High Court will be certified to the Magistrate of the district. (ii) Lower Court will inform prisoner and the Jail SuperintendentThe Court, to which the decision is certified will, in cases of rejection of appeal or confirmation of sentence, cause the appellant to be informed, and in cases of alteration, reversal or enhancement of sentence, will issue a warrant accordingly to the Superintendent of the Jail of the district in which the trial was held, or, if the original sentence was one of fine only to the person to whom the original warrant was addressed. Sessions Judges should not fail to communicate the High Courts orders in Murder References and appeals to the convicts merely on the assumption that the High Court will itself directly communicate the result to the convicts.

When a sentence of death is confirmed or passed by the High Court in appeal or revision, the Sessions Judge to whom the decision of the High Court is certified, shall issue the warrant for the execution of the sentence of death, to the superintendent of the Jail to which the prisoner was originally committed. If the condemned prisoner has been or should be transferred to another jail, and the Superintendent to whom the original warrant of commitment was addressed returns the warrant for the execution of the sentence of death to the Session Judge with an intimation that the prisoner has been transferred to another jail, the Sessions Judge shall issue a revised warrant for the execution of the sentence of death to the Superintendent of the Jail in which the condemned prisoner is confined. NoteWhen a sentence of death has been suspended under Chapter XXIX of the Code of Criminal Procedure, the passing of further orders regarding the carrying out of such sentence is matter for the Government ordering the suspension and not for the Sessions Judge. (ii) Appellate Court will at once inform Jail Superintendent direct about all orders of release or alteration or enhancement of sentence passed by itThe Sessions Court or any other appellate Court will, in all cases in which its order on appeal requires the immediate release of a prisoner, issue a warrant of release direct to the Superintendent of the Jail in which the prisoner is confined. The Superintendent of Jail will, after executing such warrant, forward it with the original warrant of commitment duly filled up, to the Magistrate of the district in which the trial was held. If in any case the warrants have not been received from the Superintendent of the Jail by the time the records in the case are returned by the Appellate Court, it will be the duty of the Magistrate of the district to at once institute inquiries as to whether the prisoner has been released and, if necessary to issue his own warrant for the release of the prisoner. In cases of alteration, or enhancement of sentence, also the Sessions Court or any other appellate Court will issue a warrant direct to the Superintendent of the Jail in which the prisoner is confined. In cases of rejection of appeal or confirmation of sentence the Appellate Court will certify its decision on appeal to the Magistrate of the district in which the trial was held, who will cause the appellant to the informed. When an appeal is rejected the Superintendent of the Jail in which the prisoner is confined should also be informed direct by the Appellate Court. NoteThe attention of the Judges of the High Court has been drawn to the great delays which frequently occur between the decision of criminal appeals and the communication of the result to the Superintendent of the Jail in which the convict is confined. In many cases it is apparently necessary for the Superintendent to issue several reminders to the Appellate Court before he can obtain the information desired. As this state of things is contrary to the procedure prescribed in the foregoing instructions a strict compliance therewith is enjoined in order to prevent the occurrence of any such delay. (iv) Prisoners not to be transferred from the jail until decision of appeal. Exceptionsthe Magistrate of the district will, in communication with the Superintendent of the Jail, arrange that no prisoner is removed from the Jail in which he has been confined by order of the Court sentencing him to imprisonment until the period of appeal has expired, or, if at that time an appeal is pending until the decision of the Appellate Court is known :

Provided that prisoners committed to the Gurgaon, Hoshiarpur, and Dharamsala Jails may be transferred respectively to the Delhi, Jullundur and Gurdaspur jails at the discretion of the jail authorities; but no prisoner so transferred shall be removed from the jail to which the transfer is made until the period of appeal has expired, or, if an appeal has been filed, until the decision of the Appellate Court is known; and that notices issued by any Court for service on such prisoner shall be forwarded without delay to the Superintendent of the Jail in which the prisoner is confined, with instructions that it be returned direct, after service, to the Court issuing such notice. (v) Duty of Jail Superintendent to inform the Superintendent of the Jail to which the prisoner has been transferred about orders passed by appellate CourtIf for any person an exception is made to the above rule, and a prisoner is transferred before the order of the Appellate Court is known, the Superintendent of the Jail to which the prisoner was originally committed will forward the information or warrant of the order of the Appellate Court to the Superintendent of the Jail to which the prisoner has been transferred, and the latter officer, having executed the order, will report execution to the Court issuing the information or warrant. (vi) Execution of sentences passed under Section 35, Criminal Procedure CodeIn InspectorGeneral of Prisons has pointed out that difficulties occasionally arise in carrying out sentences, passed under Section 35 of the Code of Criminal Procedure, of which one is to take effect after the expiration of the other, when the first sentence to be executed is subsequently set aside on appeal. (vii) If the sentence which is to take effect first is set aside on appeal the appellate Court should direct the original Court to issue a fresh warrant directing that the second sentence be carried out at onceWhen a prisoner on whom separate sentences are passed under Section 35 of the Criminal Procedure Code, is committed to jail under two separate warrants, the sentence in the one to take effect from the expiry of the sentence in the other, the date of such second sentence shall, in the event of the first sentence being set aside on appeal, be presumed to take effect from the date on which he was committed to jail under the first or original sentence. A direction to this effect should invariably be given and communicated by the Appellate Court to the Court which passed the original sentence, with a view to the issue of a fresh warrant to the Jail authorities in supersession of the original warrant. (viii) Procedure for execution of order of Appellate Court when accused has been admitted to bailWhere an accused has been admitted to bail pending the hearing of his appeal, the original warrant of commitment shall be forwarded by the jail authorities to the Appellate Court which will take action as follows on the decision of the appeal: (1) In every case in which a sentence is reversed on appeal, the Appellate Court shall return the original warrant with a copy of its order to the Court by which the accused was admitted to bail, with directions to discharge him. (2) In every case in which a sentence is modified on appeal, the Appellate Court shall prepare a fresh warrant (in the form prescribed in the following rule) and shall forward the same, with the original warrant and with a copy of its order, to the Court by which the accused was admitted to

bail, with directions to take measures to secure his surrender and commitment to jail on the modified warrant. (3) In every case in which a sentence is confirmed on appeal, the Appellate Court shall make an endorsement on the original warrant to the effect that the sentence has been confirmed and return it with a copy of its order to the Court by which the accused was admitted to bail, with directions to take measures to secure his surrender and recommitment to jail on the original warrant. In each of the cases last above-mentioned it shall be the duty of the Court to which the accused surrenders to his bail to endorse on the warrant the dates of his release on bail and of his subsequent surrender. (ix) Procedure when accused surrenders to his bail in appellate CourtWhere an accused who has been released on bail presents himself in an Appellate or a Revision 1 Court and his sentence is confirmed or so modified that he has still to serve some term of imprisonment, such Court shall commit, him to Jail on the original or a modified Warrant, and shall inform the District Magistrate concerned of the action taken when sending a copy of its judgment. (x) Procedure when re-trial is orderedWhen, on appeal, re-trial is ordered and the accused is not released on bail, but is remanded to the judicial lock-up, the Jail authorities should return the original warrant of commitment to the trial Court. If, however, the order for re-trial is subsequently set aside, and the appellate Court is directed to re-hear the appeal, the appellate Court should take care to re-call the original warrant and re-commit the accused to jail to serve his sentence, pending disposed of the appeal. If it thinks fit to release the accused on bail, the procedure laid down in paragraph (viii) above should be followed. (xi) Form of warrant when a sentence is modified or altered on appealThe following form of warrant is prescribed for use by appellate Courts when sentence is modified or altered on appeal: In the Court of the . . . . . . . . . . . . . . . . . . at. . . . . . . . . . . . . . . . . . To the Officer-in-charge of the Jail. . . . . . . . . . . . . . . . . . . . at Whereas . . . . . . . . . . . . . . . . . . . . son of . . . . . . . . . . . . . . . . . . . . . . . . . .. of Village . . . . . . . . . . . . . . Pargana . . . . . . . . . . . . . . . . . . . . . . . . . .. Police Station . . . . . . . . . . . . in the district of . . . . . . . . . .. . . was convicted by . . . . . . . . . . . . .Magistrate of . . . . . . . . . . . . of the offence of . . . . . . . . . . . .. and was sentenced on the . . . . . . . . . . . . . .. day of . . . . . . . . 19 . . . . to . . . . .. .. which conviction and sentence have been modified on appeal by this Court, and in lieu thereof the said . . . . . . . . . . . . . . . has been convicted of the offence of . . . . . . . . . .. .and sentenced on the . . . . . . . .. day of . . . . . . . . . . 19 . . . .. . . to . . . . . . . . . .. This is to authorise and require you the said Superintendent to receive the said . . . . . . . . into your custody in the said jail, together with this warrant, and carry the aforesaid sentence into execution according to law; and this is further to authorise and require you to return to this Court the original warrant of commitment in lieu whereof this warrant is issued. Given under my hand and the seal of the Court this . . . . . . . . . . . day of . . . . . . . . 19 . . . . . . . Sessions Judge

Part F]

Part F SUSPENSION AND REMISSION OF SENTENCES

I. It happens at times that a sentence which a Judge or a Magistrate can pass under the law is unsuitable in view of all the circumstances of the case. In such cases all that can be done is to make a recommendation to the appropriate Government to take action under Sections 401 and 402 of the Code of Criminal Procedure. When a Sessions Judge or a Magistrate passing a sentence wishes a case to be brought to the notice of appropriate Government for remission or commutation of the punishment he should submit the recommendation with his proceedings through the High Court otherwise the High Court may hear in appeal a case in which the Government has remitted or commuted the punishment, without knowing of such remission or commutation. Appropriate Government for the purposes of Sections 401 and 402 of the Code has been defined in sub-section (3) of Section 402 of the Code (as amended by Adaptation of Laws Order, 1950). In this connection also see Articles 72 and 161 of the Construction of Indian. II. The Central Government has made the following rules in exercise of powers conferred by sub-section (6) of Section 401 of the Code Published in the Gazette of India, Part IISection 3, dated November 19, 1955. Ministry of Home Affairs, New Delhi-2, the 9th November, 1955. S.R.O. 3491In exercise of the powers conferred by sub-section (6) of Section 401 of the Code of Criminal Procedure, 1898, [Section 432 of new Code] (Act V of 1898) the Central Government hereby makes the following rules 1. Where a petition for suspension of the execution of sentence of imprisonment or for remission of the whole or part of a sentence of imprisonment is made by or on behalf of a person sentenced to imprisonment for an offence against any law relating to a matter to which the executive power of the Union extends and the person sentenced to such sentence of imprisonment is in Jail, the execution of the sentence shall be suspended and such person released on parole, subject to the conditions specified in Rule 3, for such period not exceeding fifteen days, as may be necessary for obtaining the orders of the Central Government on the petition, if the State Government of the State in which such person is detained in jail is satisfied that the immediate release of such person on parole is rendered necessary by reason of any illness constituting a grave threat to the life of such person or of a parent, wife, husband or child of such person. 2. State Government ordering a release on parole under Rule 1 shall forthwith report the full facts and circumstances of the case to the Central Government while forwarding the petition to the Central Government and the Central Government may on consideration of the report and petition make such order as they deem fit. 3. A person released on parole under Rule 1 shall enter into a bond undertaking to reside during the period of his parole at a place specified therein and not depart therefrom without the previous permission of the State Government and to return to the jail in which he is confined on expiry of

the period of his parole, and to confirm to such other conditions as the State Government may consider necessary. (No. 40/32/55-Judl, I)

CHAPTER 21
Ch. 21]

First Offenders
1. (i) Release on probation of good conductSection 562 of the Code of Criminal Procedure [Section 360 of new Code] empowers a Magistrate of the first class or a Magistrate of the second class specially empowered, to release first offenders in certain cases on probation of good conduct, instead of sentencing them to punishment and enables a Magistrate of the third class or a Magistrate of the second class not specially empowered in this behalf, if he is of the opinion that the powers conferred by this section should be exercised, to submit his proceedings to a Magistrate of the first class for disposal under Section 380. The same section empowers all Magistrates to release after due admonition first offenders convicted of certain offences, when such a course appears advisable in view of the age, character, antecedents or physical or mental condition of the offender and the trivial nature of the offence or other extenuating circumstances.

(ii) Action under Section 562 is suitable on occasions of famineThese provisions appear particularly suitable during seasons of scarcity and distress, at which time hunger is an extenuating circumstance. As, however, there is a large floating population during famine, care should be taken to see that the preliminary conditions of Section 564 of the Code of Criminal Procedure [Section 300(7), (10) of new Code] are present, i.e., that the accused and his surety have a fixed abode or regular occupation within the jurisdiction of the Court. (iii) Youth of the offender also justifies this actionIt should also be borne in mind that the youth of an offender would often constitute an extenuating circumstance which would justify action under Section 562 of the Code of Criminal Procedure [Section 360 of new Code]. 2. Appropriate case for application of Section 562It should be noted that the provisions of Section 562 [Section 360 of new Code] are not limited in application to juvenile offenders. They are, however, more restricted in their operation so far as men over twenty-one years of age concerned. The section should be generally applied in the case of youths and women, but is not limited to them. Its application is also appropriate to the following class of persons, viz. (i) young men who show no indication of being confirmed bad characters, and (ii) men of whatever age who have borne a good character for a long unpremeditated offence on sudden temptation.

It must be remembered, however, that the foregoing are only instances. The Magistrate must decide for himself in each case whether the section should be applied. The point to be kept in view is that punishment should not be inflicted when there is a reasonable expectation that the offender will not offend again, and it is not necessary to punish as a warning to others. 3. Section 562 not to be applied for offences under Excise and Opium ActSection 562 [Section 360 of the New Code] is not, as a rule, appropriate in the case of offences like illicit distillation of liquor, sale of cocaine, etc., under the Excise and Opium Acts, which are not the result of any sudden temptation, but involve previous preparation and are prompted by the large profits made by illicit traffic in such articles. (Cf. 7 I.L.R. Lah, 32. 19 P.R. 1916). 4. Form of warrantA form of warrant has been prescribed,vide Form No. 89 (New series, Criminal)for use in the case of persons who, on conviction, have been ordered to appear and receive sentence when called upon. This form should be obtained and used, when necessary. 5. Second Class Magistrates have also been empowered to act under Section 562 Criminal CodeAll Magistrates of the 2nd class have been invested with power under Section 562 of the Code of Criminal Procedure, 1898, [Section 360 of new Code] to take security from first offenders [Punjab Government Notification No. 431 (HomeJudl.) dated the 18th April, 1910].

CHAPTER 22
Ch. 22

Youthful Offenders
Part A]

Part A GENERAL

1. IntroductoryThe question of the proper treatment of youthful offenders was considered by the Indian Jails Committee, 1919-20, in Chapter XV of their report, principally with a view to the prevention of their committal to prison. The instructions given below are chiefly based on the recommendations of the Committee, as approved by the Central Government. 2. Commitment to prisons of children should be avoidedIt is now generally accepted that commitment of children to prison is against public policy, as it exposes them to the evils resulting from association with hardened criminals. In the case of children (i.e., persons under fourteen), the Central Government has approved of the principle that commitment to prison should be avoided as far as possible. 3. Remand to prison pending enquiry or trial not desirableEven for the purpose of remand pending enquiry or trial, the committal of Children and young persons to prison should be avoided. In England special places of detention are provided for children and young persons under trial and it was suggested by the committee that remand homes for children should be provided in India. Unfortunately there are at present financial difficulties in the way of the solution. Courts should, however, make suitable arrangements when practicable for the detention of children (excepting those belonging to a criminal tribe) under remand, so long as no remandhomes are provided. 4. Police not empowered to release children on bail, but it should produce them at once before nearest Magistrate for grant of bailSubsequent to the publication of the Committees report, it was represented that at present the police have no power to release offenders on bail, with the result that child-offenders must remain in police custody until such time as they can be brought before the Magistrate of the Ilaqua; and it was suggested that police officer should be allowed the discretion of taking bail for appearance before a Magistrate in non-bailable cases. This suggestion was considered by the Judges; and while they held that it was impossible for them to issue instructions overriding the provisions of the Code of Criminal Procedure, they were of opinion that executive action might be taken by District Magistrates themselves, by having children cases brought up to the nearest Magistrate instead of the Ilaqua Magistrate.

5. Sentence against juvenile offenders, alternatives. Imprisonment and detention in Reformatory School to be avoidedWhen a Magistrate is called upon to sentence a juvenile offender, he has the following alternatives before him. He may order: (a) fine, (b) security under Section 562 of the Code of Criminal Procedure, [Section 360 of new Code]. (c) treatment under Section 31 of the Reformatory Schools Act, which is similar to (b), (d) detention in a Reformatory School, (e) Imprisonment. The subject of detention in a Reformatory School is dealt with separately in part C. Before ordering imprisonment, Magistrates should make free use of the other alternatives and should refrain from sending boys to the Reformatory School in cases where they can be suitably dealt with otherwise. 6. Cases should be sent to Courts exercising powers of whipping and under Section 562, Criminal Procedure CodeCourts not empowered to pass orders under Section 562 of the Code of Criminal Procedure [Section 360 of new Code] should be encouraged to refer cases suitable to the application of this provision of law to Courts which have been invested with the necessary powers. 7. Age of the offender to be noted in the judgment Sentence of youthful offenders to imprisonment to be reported to District Magistrate. Monthly return of offenders under 24 years of age to be sent. Duty of District MagistrateThe failure of Magistrates to impose suitable sentences on youthful offenders is possibly due to inadvertence, the age of the accused not being prominently in the mind of the Magistrate at the time of passing the sentence. In order to minimise and, if possible, to abolish the infliction of sentences which are likely to have prejudicial effect on the character of a youthful offender, when other suitable methods of punishment are available, the Judges are also pleased to direct that all Criminal Courts should in future enter the ages of the convicts in the body of their judgments, with a view to being directly seized with the question of age when deciding the sentence to be imposed on a juvenile or adolescent. They have also been pleased to direct that in future all Magistrates shall report the cases of convictions of youthful offenders under 18 years of age where a sentence of imprisonment has been awarded, to the District Magistrate, as soon as judgment is passed. They shall also submit to the District Magistrate at the end of every month returns of all case in which persons under the age of 24 years are sentenced to imprisonment. The District Magistrates will scrutinize these cases and returns, and will take action on the revision side in all suitable cases in general, and in particular in all cases in which casual offenders under 24 years of age have been sent to jail for short terms. 8. Short sentences to be avoidedWith regard to short sentences of imprisonment the Indian Jails Committee was of opinion that sentences of imprisonment less than 28 days should be

altogether prohibited. While the Government of India were unwilling to lay down any rigid rule on this point they agreed with the Committee in deprecating short sentences of imprisonment, and suggested that suitable executive instructions should be issued. The Judges have been unable to agree to the issue of any such definite instructions which would fetter the statutory judicial discretion of the Courts, but they consider that the recommendations of the Committee deserve careful consideration by all Magistrates dealing with youthful offenders. They also wish to draw the attention of sub-ordinate Courts to the desirability of making free use of the provisions of Section 31 of the Reformatory Schools Act, 1897, where these can be applied. This section runs as follows: (1) Power to deal in other ways with youthful offenders, including girlsNotwithstanding anything contained in this Act or in any other enactment for the time being in force, any Court may, if it shall think fit, instead of sentencing any youthful offender to imprisonment or directing him to be detained in a Reformatory School, order him to be (a) discharged after due admonition, or (b) delivered to his parent or to his guardian or nearest adult relative or such parent, guardian or relative executing a bond, with or without sureties, as the Court may require, to be responsible for the good behaviour of the youthful offender for any period not exceeding twelve months. (2) For the purposes of this section the term youthful offender shall include a girl. (3) The powers conferred on the Court by this section shall be exercised only by Courts empowered by or under Section 8. (4) When any youthful offender is convicted, by a Court not empowered to act under this section and the Court is of opinion that the powers conferred by this section should be exercised in respect of such youthful offender it may record such opinion and submit the proceedings and forward the youthful offender to the District Magistrate to whom such Court is subordinate. (5) The District Magistrate to whom the proceedings are so submitted may there upon make such order or pass such sentences as he might have made or passed if the case had originally been tried by him. Youthful offender in the above section means a person under the age of 15 years at the time of conviction. The other instruction given above relate both to children and young persons. With regard to children the State Government was in agreement with the Central Government that as far as possible child-offenders should be released under Section 562 of the Code of Criminal Procedure, and the Judges hope that these recommendations will be borne in mind.
Part B]

Part B CHILDRENS COURTS

1. Childrens CourtsOne of the most important recommendations of the Indian Jails Committee was that special Childrens Courts should be opened on the lines of those existing in

other countries. The State Government agreed that the creation of Childrens Courts was distinctly desirable; but they were of opinion that the number of children accused of offences in any one station of the Punjab was not sufficient to justify the appointment of a special Magistrate to deal with children cases only. 2. Section of Magistrate to try children cases: Trial to be held at a different place Government has accordingly decided that each District Magistrate should be left to select one of the Magistrates subordinate to him, before whom all cases concerning children should be brought. The trial of children should be held, if possible, at a different place from the Court in which cases are generally heard. If this is impossible these cases should be heard at a different time from other cases. In the case of outlying sub-divisions and tahsils, children will normally be brought before the Magistrate having jurisdiction in the place, who will hear their cases in the same way as the Magistrate selected at headquarters. 3. Simple language of trialThe language used at the trial of youthful offender should be as simple as possible, and legal phraseology should be reduced to the bare necessities. 4. Outsiders should not be allowed at the trialIf the case has to be heard in the Magistrates Court room (no other place being available), then the room should be cleared of all outsiders, only those actually concerned with the particular case being admitted.
Part C]

Part C REFORMATORY SCHOOLS

1. Courts empowered to direct youthful offenders to the Reformatory SchoolProcedure for a Magistrate not so empoweredIt should be noted that the only Courts empowered to direct youthful offenders to be sent to the Reformatory Schools are (a) the High Court; (b) the Court of Session; (c) a District Magistrate; and (d) any Magistrate specially empowered by the State Government in this behalf. The State Government has empowered Magistrates of the 1st class only with powers mentioned in Section 8(i) of the Reformatory Schools Act (vide Punjab Government Notification No. 578Jails, dated the 7th January, 1924); but any Magistrate who has not been so empowered may, under Section 9 of the Act, refer the case of any youthful offender to the District Magistrate to whom he is subordinate, and all Magistrates should do so in suitable cases. 2. Court should record a finding as to age, definition of youthful offenderA youthful offender is defined as meaning any boy who has been convicted of any offence punishable with imprisonment, and, who at the time of such conviction, was under the age of 15 years; and it is

incumbent on all Courts and Magistrates dealing with cases of youthful offenders (whether specially empowered or not), to make a preliminary inquiry and to record a finding as to the age of the offender before directing the offender to be sent to a Reformatory School or making a reference to the District Magistrate under Section 9 for that purpose. In taking the medical evidence mentioned in paragraph 4(a) of this chapter, the opinion of the Medical Officer as to the age of the boy should invariably be recorded. 3. Rules framed by Government youthful offender to be sent to Reformatory School when Magistrate awards imprisonmentThe rules framed by the Punjab Government under the Reformatory Schools Act studied. The effect of Punjab Government Notification No. 37, dated the 20th January, 1906, as supplemented by addendum No. 469, dated 6th November, 1914, under which these rules were published, appears to be this. A Court or Magistrate convicting any youthful offender of any of the offences noted below should act as follows. If the presiding officer considers that the offence committed is one in connection with which the offender should be (a) dealt with under Section 562 of the Code of Criminal Procedure [Section 360 of new Code]. (b) dealt with under Section 31 of the Reformatory Schools Act, the provisions of which are very similar to those of Section 562 of the Code of Criminal Procedure [Section 360 of new Code], (c) fined He should pass orders accordingly. If, however, he considers that the case should not be so dealt with, he must pass an order of imprisonment commensurate with the offence and then send the offender to the Reformatory School.
Offences Specified

(1) Any offence except those described in Sections 302, 303, 304, 307, 308, 354, 376 and 377 of the Indian Penal Code. (2) Any abetment or attempt in connection with any such offence. 4. Reformatory School intended for casual criminals and first offenders capable of reformation, Disqualifications preventing admissionIt should be borne in mind that before recording an order directing the detention of a boy in the Reformatory Schools, Courts and Magistrates should satisfy themselves (a) after taking medical evidence; that he is not totally blind, insane, idiot, leprous, tuberculosis, epileptic, or suffering from any permanent physical incapacity for industrial employment; or (b) that he has not been previously convinced under Section 377 of the Indian Penal Code.

A youthful offender with any of these disqualifications will not be admitted into the Reformatory School, and Courts or Magistrates must deal with such an offender in the ordinary course under the Indian Penal Code, or under Section 562 of the Code of Criminal Procedure. These rules will, it is hoped, secure as inmates of the Reformatory School casual criminals and first offenders, capable of reformation, and will exclude the corrupting influence of incorrigible offenders, and of boys who have already learnt the evil that can be learnt in jail. 5. Further powers of Government and duty of District Magistrate to move Government The more extended powers of the State Government under A, Rule II, Notification No. 37, of 20th January 1906, and the obligation on the part of the District Magistrate to move the State Government in special cases, should be borne in mind. 6. Period for which detention in the school is to be ordered(i) Section 8, sub-section (1), of the Reformatory Schools Act, prescribes the period for which Magistrates must order detention in the Reformatory School. This period cannot be less than three or more than seven years. This section should be read in connection with Punjab Government Notification No. 37, dated the 20th January, 1906 which further limits the Magistrates discretion as to the period of detention he can order. It should nevertheless be borne in mind that a boy ordered to the detained in the Reformatory School for seven years will not necessarily be kept in the school for so long. He will in any case be discharged when he attains the age of 18 years. (ii) It has been noticed that Magistrates while convincing youthful offenders and ordering their being sent to the Reformatory Schools do not follow the provisions of Rules 3 and 4 of the rules framed by the State Government under Section 8(3) of the Reformatory Schools Act, in respect of the period for which youthful offender should be detained in the school, with the result that several references have to be made for the correction of these errors, the said rules are therefore reproduced for facility of reference: (3) Every youthful offender sent to a Reformatory School who is found by the Magistrate to be thirteen years of age or more at the time of this conviction shall be sent to the School for a period that will expire on his attaining the age of eighteen; and (4) Subject to the provisions of Rule 5, every youthful offender sent to a Reformatory School who is found by the Magistrate to be under thirteen years of age at the time of his conviction shall be sent to the School for five years. 7. District Magistrate should recommend to Government when he thinks that youthful offender though not admissible under the rules is a proper person for admission Besides the case of youthful offenders convinced by a Court or Magistrate of one of the offences specified (vide paragraph 3 of this Chapter), Section 10 of the Reformatory Schools Act contemplates another case in which detention in the Reformatory School may be directed. This section gives the Superintendent of a Jail power to produce before the District Magistrate any boy who is under the age of 15 years. In deciding whether any youthful offender brought to his notice in this manner should be sent to the Reformatory School, the District Magistrate will, of course, be guided by the rules made by the State Government under Section 8, sub-section (3),

clause (a), of the Reformatory Schools Act published as Punjab Government Notification No. 37, dated the 20th January, 1906. Should the District Magistrate consider that the youthful offender, though not admissible to the Reformatory under those rules, is a proper person to be an inmate of the schools, he must refer the case to the State Government. 8. Classification of boys in the school. Magistrate should recommend the classUnder the rules made by the State Government for the classification, separated and daily employment of youthful offenders, boys detained in a Reformatory School will be classed in two divisions, a senior and a junior, and each division will be sub-divided into two sub-divisions, A and B. The senior division will consist of boys above 14, and the junior division of boys under 14 years of age. Sub-division A will contain boys not in sub-division B and sub-division B will contain (1) boys who by reason of previous offences, whether the subject of criminal prosecution or not, or of the character of their offence, or the circumstances under which it was committed (offences against/morals and serious or organized offences, whether against property or against the person) appear to have marked criminal propensities; (2) boys who have been in jail, except those sent to jail under the proviso to Section 12 of the Reformatory Schools Act temporarily, i.e., detained in Jail for want of accommodation in the Reformatory Schools; (3) boys whose parents are habitual criminals, and boys who have been subjected to family influences and surroundings which are likely to prejudice to a life of crime. In directing the detention of a boy in the Reformatory School, Magistrates should, with reference to this rule, record their opinion as to the subdivision in which the boys should be placed while under detention. 9. Duty of Magistrate to inquire about accommodation in school and to make arrangement if there is no accommodationWhen a Magistrate orders a boy to be detained in the Reformatory School, he should by telegram ascertain from the Superintendent thereof whether accommodation is available. If there is accommodation, the boy should be sent at once to the school; otherwise, he should be sent to the Jail prescribed by the State Government in Notification No. 426, dated 2nd October, 1903, and the Superintendent of the Reformatory Schools should be informed of the Jail to which he is sent, or to which he may thereafter be transferred. 10. Magistrates advised to visit the schoolIt has been noticed that as Magistrates seldom or never visit the Reformatory School they cannot see for themselves the benefits that are likely to accrue to juvenile offenders for a period to detention in this establishment. They thus acquire a tendency to send too many children to person. In order to minimise this tendency the Judges consider it desirable for as many first class Magistrates as possible to pay a visit of inspection to the Reformatory School. 11. Sanctioning authority for travelling allowance for the visitUnder travelling allowance Rules Nos. 2.48 and 4.3 (serial 7), read with paragraph 22.4 item (3), Chapter 22Delegation Orders of Financial Handbook No. 2, volume II, commissioners are authorised in the case of all first class Magistrates within their division to declare absence from headquarters for the period necessary to visit the Reformatory to be absence on duty, and thus to sanction the travelling allowance for such journeys.

12. Second and Third Class Magistrates not required to visitMagistrate should be encouraged to take advantage of these orders, and such visits should be facilitated, provided always that they do not interfere seriously with the routine of magisterial work. It is not proposed to grant this concession to Magistrates of the 2nd and 3rd class. 13. Sessions Judges may permit Sub-Judges exercising criminal powers to visit the school The power granted above to Commissioners has been delegated to District and Sessions Judges, who may permit Sub-Judges, who are also Magistrates of the 1st class, to visit the Reformatory School but one visit only not exceeding two days, may be allowed in each case.
Part D]

Part D BORSTAL JAIL

Attention is drawn to the Punjab Government Circular No. 362-J.L. 39/621 (H.Jails), dated the 4th February 1939 on the subject of Borstal Jail extracts from which are given below: 1. Intended for the adolescent convicts of habitual typeCases have come to the notice of Government which indicate that misunderstanding still exists in the minds of some Magistrates and officials in regard to the nature of Borstal training and the type of offender to be sent to the Borstal Institution. Some officials appear to believe that the Institution is no more than a jail in which conditions are easier than in the ordinary prison : that Borstal is merely an up-to-date term for a juvenile jail. In some quarters indeed it seems to be imagined that unless there is an order for Borstal treatment a juvenile convict will be made to serve his sentence in association with adult prisoners, the Punjab Borstal Act, 1926, the main lines of which follow those of the corresponding statute in the United Kingdom, provides a special kind of treatment for a particular class of offender; namely, the adolescent convict of habitual type or (to use the English prison phraseology) the young recidivist. 2. Sentences suitable for different kinds of youthful offendersSpeaking broadly the types of course overlapthere are three categories of young offenders for whom provision has to be made: (a) Casual offenders, other than those convicted of heinous crime. (b) Juveniles sentenced for offences of a comparatively minor character, but who are former convicts or are otherwise known to be tending towards a life of Crime. (c) Juveniles sentenced for murder and other flagrant offences. Juvenile offenders of type (a) should normally be released on probation of good conduct or after admonition. In more serious cases where such treatment appears unsuitable there will perhaps be a sentence of fine. As has been repeatedly emphasized, short sentences of imprisonment are always to be avoided, and the juvenile offender should never be sent to jail, even for a second offence, if his case can be adequately dealt with in some other way. Offenders of type (c) present a special problem, to which reference will be made later in this chapter. There remains type (b). It is for this class of convict that the Borstal Institution is intendedthe young hooligan or

waster on whom perhaps a previous warning has had no effect and who appears likely unless reformative treatment is quickly applied, to develop into a professional criminal. It is not essential, before an order is passed for detention in a Borstal Institution, that a previous conviction should be established but in the language of Section 6 of the Punjab Act there must be criminal habits or tendencies or association with persons of bad character. In view of this wording it would be permissible to order Borstal detention, for instance, in the case of a lad of sixteen or seventeen who had been associated with older men in a burglary or dacoity, provided that he had not been personally concerned in murder or some similar offence. But it would not be proper to use the Act in a rape case, unless there was reason to believe that the offender had been responsible for similar outrages before, or had been misled by bad companionship. 3. Distinguishing features of Borstal treatment, RelecenceThe characteristics which distinguish Borstal treatment from ordinary imprisonment are two: (i) An order of Borstal detention must always be for an extended perioda period longer than for which the offender would have been sent to jail if he had been sentenced in the ordinary way. In the Punjab Act a minimum of two years is prescribed. The period must be sufficient to enable the good influences which it is hoped to bring to bear on the convict to have their effect. (ii) After a certain period in the Borstal Institution the offender will normally be released to serve the balance of his term on probation outside. Other classes of prisoners can, of course be released on probation by order of the State Government under the Good Conduct Prisoners Probational Release Act, Government under Section 401 of the Code of Criminal Procedure [Section 432(1)(6) of new Code]. In the case of the Borstal detenue, however, release on probation can be ordered by the Visiting Committee, subject to the sanction of the Director of Borstal Institutions, without reference to Government. Release on licence is thus an integral feature of Borstal treatment. The young criminal is to be subjected for an extended period to reformative influences : first within the walls of the institution, where he will be in contact with a housemaster, taking a close personal interest in his character and development; and afterwards on licence outside, where a probation officer will fulfil a similar function. 4. Primary object of keeping such offenders in Borstal JailSuch an automatic system of probational release would clearly be unsuitable for prisoners of type (c) mentioned above juveniles sentenced for homicide or other flagrant offences, for the most part of the offenders in this class have brought themselves within the reach of the law by a single violent act. They have no tendency towards crime in general, and if it were possible to concentrate exclusively on the reformation of the individual, disregarding all other considerations, the most suitable treatment in many cases would be immediate release. The primary object in keeping them in confinement is, in the words of an Ex-Lord Justice of Appeal in a recent letter to The Times, to satisfy the public indignation with regard to the serious character of the crime which calls for punishment. The need for bringing good influences to bear should always be kept in mind, but with offenders of this type the reformative aspect of imprisonment must be secondary. In some cases it may be possible to release the prisoner on probation after a certain period in jail, but this is permitted only under the orders of the State Government. Adolescent prisoners of this type are thus

radically different from those for whom the Borstal system has been devised. They must of course be kept separate from adult convicts, but their sentences are to be served in Jail, not in a Borstal Institution. 5. When offenders should be sent to the Borstal Institution and when to the Reformatory SchoolsTo complete this chapter a reference should perhaps be made to the Reformatory Schools. Magistrates may at times feel a doubt whether a particular offender should be sent to the Borstal Institution or to the Reformatory School. Such doubts can generally be resolved by considering the age of the offender. The Schools established under the Reformatory Schools Act, 1897, are intended for younger type of offender than that for which the Borstal Institutions cater. To be sent to the Reformatory School the offender must at the time of conviction be under fifteen : the corresponding age in the case of the Borstal Institution is twenty-one. Cases sometimes occur in which it is necessary to sentence boys of only ten or twelve years of age to imprisonment. In such cases the Reformatory School is always to be preferred: children of this age would be quite out of place in the Borstal Institution. The School also differs from the Borstal in the character of the training given to the inmates. The Borstal Institution has of course its school, as well as the factories in which the lands are given vocational training, but the educational arrangements at a Reformatory School are generally much more elaborate. The boys there are of ordinary school age, and an education is provided for them which would hardly be suitable for the older adolescents in the Borstal. It may be mentioned here that in the case of admission to the Reformatory School there is no such distinction between casual and habitual offenders as there is in the case of the Borstal Institution. Where as there is an absolute bar against the use of Borstal Act in the case of juveniles convicted of offences punishable with death, a Reformatory School will receive even this type of juvenile offender, with the special permission of the State Government. 1. In Inspector-General of Prisons has been appointed Director of Borstal Institutions, ex-officio.

CHAPTER 23
Ch. 23

Habitual Offenders
Part A]

Part A PREVENTIVE MEASURES

The Criminal Procedure Code provides for Preventive measures of two kinds against habitual offenders. Under Section 110 security can be taken for their good behaviour (vide Chapter 3, Security Cases), while under Section 565, they can be ordered to be placed under police surveillance for a period extending up to five years in the event of their conviction of certain offences. In the Punjab another important remedy is provided by the Restriction of Habitual Offenders Act, 1918. Under this Act an habitual offender can be restricted in his movements to a certain area or required to report himself at times and places in the manner prescribed in the order. An order of restriction may be passed in the same circumstances in which an order for security for good behaviour may be passed. Now in view of the amendments of Sections 7 and 12 of the Act by Punjab Act No. XXI of 1949 an order of restriction can be passed in addition to an order for security for good behaviour. The procedure to be followed in proceedings under this Act is mostly the same as that in proceedings under Section 110 of the Code of Criminal Procedure; but there are certain differences. For instance, when an order of restriction for a period of more than one year is passed by a Magistrate, the order of restriction does not require any confirmation by the Sessions Judge. Care should be taken to see that the order of restriction is in conformity with the rules framed by the State Government under the Act (vide. Part F of this Chapter), an order directing a person not to leave his house between 8 P.M. and 5 A.M. was held in I.L.R. 8 Lahore, 267, to be ultra vires, not being in conformity with the aforesaid rules. District Magistrates have power to make an order of restriction in addition to an order for security under Section 110, Criminal Procedure Code, in any case coming to their notice. Sessions Judges can make a similar order in cases submitted to them under Section 123(2), Criminal Procedure Code [Section 122 of new Code].

An order of restriction is especially suitable in the case of habitual offenders who are not in a position to furnish security and in whose case an order for security under Section 110 Criminal Procedure Code would necessitate their commitment of Jail.
COMMENTS Under section 7 of Punjab Act V of 1918, the petitioner was ordered by a Magistrate to be restricted for three years within the boundaries of his village, not to leave his house at night between 8 P.M. and 5 A.M., and to report himself daily to the Sub-Inspector of Police at Miani Police Station, 2 miles distant from his village. Held, that the order directing the petitioner not to leave his house at night was not in conformity with the rules made by the Local Government under section 16 of the Act and must be set aside. Muhammad vs. The Crown, (1927) I.L.R. VIII Lah. 267.
Part B]

Part B ENHANCED SENTENCES

1. Enhanced punishment under Section 75, Indian Penal CodeUnder Section 75 of the Indian Penal Code, a person convicted a second time of an offence punishable, under Chapter XII or Chapter XVII of the Code [Chapter X-C, D and XIV of new Code], with three years imprisonment and upward, is liable to a greatly enhanced sentences. 2. Procedure for Magistrates not competent to award enhanced punishmentThis of course does not increase the competence of the Court trying the offender. Even though Section 348 of the Code (Section 324 of new Code) seems to provide that the case can be tried by the Magistrate if he is competent to try it or may be sent to a Magistrate invested with powers under Section 30 of the Code, it would be safer, in view of the amendments of Section 30 by Act No. 26 of 1955, to commit such cases to the Court of Sessions as the accused is liable on subsequent conviction to a sentence of imprisonment for life or imprisonment of either description for a term which may extend to ten years. A provision is contained in Section 347 which enables a commitment to be made to the Court of Sessions at any stage before judgment is signed. 3. Enhanced punishment not obligatoryAlthough Section 75 of the Indian Penal Code makes a previous convict in certain classes of cases liable to enhanced punishment, it is, of course, not obligatory to impose an enhanced sentence in every case of this description. Ordinarily cases of petty nature should not be made the basis for an enhanced punishment, unless the nature, number and sequence of previous convictions and the sentences previously undergone clearly show the necessity of enhanced punishment. Similarly, very old convictions (e.g., when the offence is committed, say, more than five years after the last release of the offender from Jail) should not ordinarily be made a ground for imposing an enhanced penalty under this section in the absence of special reasons.

Cases of organised crime stand on a different footing, and where the offence under trial and the previous offences are of this description greater weight must be attached to them. The general principle to be borne in mind is that Section 75 is meant to be used as a deterrent only when the punishment provided for the offence itself is considered to be inadequate in view of the antecedents of the offenders. The Judgments in the previous cases should be referred to freely in order to ascertain the real character of the offender, and the section should not be resorted to unless the previous convictions indicate a criminal habit or instinct which needs to be checked by a punishment higher than that provided for the offence. It should also be remembered that a moderate sentence coupled with an order under Section 565, Criminal Procedure Code [Section 356 of new Code], or an order of restriction under the Restriction of Habitual Offenders Act is generally a better way of dealing with habitual offenders than the imposition of long terms of imprisonment. 4. Previous conviction for attempts to commit an offence not covered by Section 75, Indian Penal CodeIt should be noted that previous convictions for attempts to commit offences specified in Section 75, or a security order under Section 110, Criminal Procedure Code, [Section 110 of new Code] do not bring an offender within the scope of Section 75, Indian Penal Code. 5. Imprisonment under Section 75, Indian Penal CodeIn awarding sentences of imprisonment under Section 75 of the Indian Penal Code, Courts should bear in mind that the provisions of this section are subject to those of Sections 31, 32 and 34 of the Code of Criminal Procedure [Sections 31 and 32 of new Code]. 6. Action to be taken by Magistrate of 2nd or 3rd Class when he cannot award adequate punishmentSection 349 [Section 324 of new Code] gives a Magistrate of the 2nd or 3rd class the means of securing the proper punishment of an accused when he finds, in the course of the trial, the maximum sentence which he is empowered to inflict would be insufficient. At the same time, in resorting to this section, it must be remembered that when the accused appears to be a habitual offender he must ordinarily be dealt with under the provisions of Section 348 [Section 325 of new Code] and be committed to the Court of Sessions. 7. Duty of the Police to prove previous conviction. Discovery of previous conviction after judgment has been pronounced It is the duty of the police, in conducting the investigation to take proper steps to establish the identity of an accused person and to obtain and produce evidence of previous convictions against him. The attention of Criminal Courts is directed to the decision of the Chief Court in case Empress v. Sham Singh, reported as Criminal Judgment No. 36 in the Punjab Record of 1884, and especially to the remarks of Mr. Justice Plowden at page 70 of the Record, with regard to the duties of the Court and of the Police in this matter. It will

be seen that the discovery, subsequent to sentence, that the prisoner has been previously convicted, but that this has escaped notice on account of a change of name, is not in itself a good ground for interference on revision. When the police make a request that the pronouncement of judgment may be postponed on the ground that the result of the search slip in the case has not been received by them, the Courts should ordinarily adjourn the case for a reasonable time. It results in a miscarriage of justice when, after the sentence has been passed it is discovered that the accused had previous convictions and was liable on that account to an enhanced sentence. 8. Previous convictions to be noted on the warrant of commitment and in a separate Statement. Note on the warrant when the identity of the prisoner has not been proved or he declines to give an account of himselfIn Punjab Government Circular No. 431077, dated the 19th July, 1870, the Criminal Courts of the State were instructed to enter any previous conviction or convictions of a prisoner upon the warrant committing him to Jail, and the attention of all Courts is directed to these instructions. In the form of warrant of commitment prescribed for use under the Code of Criminal Procedure, provision has been made for mention of the fact that the convict has been previously convicted, when one or more previous convictions have been proved against him at his trial, and for the entry of the particulars of the previous conviction in separate statement, which should be attached to the warrant of commitment in such cases. It is further directed at the suggestion of the Inspector General of Police, and with the sanction of the State Government that Courts, when committing a prisoner of Jail, will enter a note in red ink on the warrant of commitment, in cases where the identity of the prisoner has not been satisfactorily ascertained, or he declines to give an account of himself.
Part C]

Part C DEFINITION AND CLASSIFICATION OF HABITUAL CRIMINALS

Persons liable to be classified as habitual criminalsThe Central Government has framed the following rules defining and prescribing the treatment of habitual criminals for the purposes of jail discipline : I. The following persons shall be liable to be classified as habitual criminals, namely: (i) Any person convicted of an offence punishable under Chapters XII, XVII and XVIII of the Indian Penal Code, whose previous conviction or convictions, taken in conjunction with the facts of the present case, show that he is by habit a robber, housebreaker,

dacoit, thief or receiver of stolen property, or that he habitually commits extortion, cheating, counterfeiting coin, currency notes or stamps, or forgery. (ii) Any person convicted of an offence punishable under Chapter XVI of the Indian Penal Code, whose previous conviction or convictions, taken in conjunction with the facts of the present case, show that he habitually commits offences against the person. (iii) Any person committed to or detained in prison under Section 123 (read with Section 109 or Section 110) of the Code of Criminal Procedure [Sections 122, 109, 110 of new Code]. (iv) Any person convicted of any of the offences specified in (i) above when it appears from the facts of the case, even although no previous conviction has been proved, that he is by habit a member of a gang of dacoits, or of thieves or a dealer in slaves or in stolen property. (v) Any person registered under the Punjab Habitual Offenders (Control and Reform) Act, 1952, (XII of 1952) as a habitual offender. (vi) Omitted.
1

(vii) Any person convicted by a Court or Tribunal acting outside India under the general or special authority of the Central Government of an offence which would have rendered him liable to be classified as a habitual criminal if he had been convicted in a Court established in India. ExplanationFor the purposes of this definition the word conviction should include an order made under Section 118, read with Section 110, of the Criminal Procedure Code [Sections 117, 110 of the new Code]. II. Classifying authority. Right of prisoner for revision of the order of classificationThe classification of a convicted person as a habitual criminal should ordinarily be made by the convicting Court, but if the convicting Court omits to do so, such classification may be made by the District Magistrate, or, in the absence of an order by the convicting Court or District Magistrate, and pending the result of a reference to the District Magistrate, by the officer-in-charge of the Jail where such convicted person is confined: Provided that any person classed as a habitual criminal may apply for a revision of the order. III. Power of District Magistrate or convicting Court not to classify certain convicts as habitual criminalsThe convicting Court or the District Magistrate may, for reasons to be recorded in writing, direct that any convicted person or any person committed

to or detained in Section 123 read with Section 109 or Section 110 of the Code of Criminal Procedure [Section 122 of new Code] shall not be classed as a habitual criminal and may revise such direction. IV. Revision of classificationConvicting Courts or District Magistrate, as the case may be, may revise their own classifications, and the District Magistrate may alter any classification of a prisoner made by a convicting Court or any other authority, provided that the alteration is made on the basis which were not before such Court or authority. NoteThe expression District Magistrate wherever it occurs paragraphs II, III and IV above means the District Magistrate of the districts in which the criminal was convicted, committed or detained. The expression includes a Presidency Magistrate. V. Habitual criminal to be kept in a special jailEvery habitual criminal shall as far as possible be confined in a special jail in which on prisoner other than habitual criminal shall be kept: provided that the Inspector General of Prisons may transfer to this special Jail prisoner, not being a habitual criminal, whom for reasons to be recorded in writing, he believes to be of so vicious or deprayed a character, and to exercise, or to be likely to exercise, so evil an influence on his fellow prisoners that he ought not to be confined with other non-habitual prisoners, but a prisoner so transferred shall not otherwise be subject to the special rules affecting habitual criminals (Government of India Resolution No. F-III Jails, dated 15th September, 1922). VI. Member of a criminal tribe definedWith reference to Rule I(v) above, a habitual offender is defined in Section 2(3) on Punjab Act No. XII of 1952 as a person: (a) who, during any continuous period of five years, whether before or after the commencement of this Act, has been convicted and sentenced to imprisonment more than twice on account of any one or more of the offences mentioned in the Schedule to this Act committed on different occasions and not constituting parts of the same transaction; and (b) Who has, as a result of such convictions suffered imprisonments at least for a total period of twelve months. Explanation 1A conviction which has been set aside in appeal or revision and any imprisonment suffered in connection therewith shall not be taken into account. Explanation 2In computing the period of five years, any periods spent in jail either under a sentence of imprisonment or under detention shall not be taken into account.

VII. Convicting officer to decide about classification and should note it on the warrantWhenever a person is sentenced to imprisonment for an offence, the Magistrate or Judge who passes the sentence should determine whether the prisoner is to be classed as an habitual criminal or otherwise, and should endorse the words habitual or non-habitual as the case may be, on the warrant of commitment, and sign such endorsement. VIII. Statement of previous conviction should be warrantIf the prisoner has been previously convicted, statement containing the particulars of the previous convictions should be attached to the warrant of commitment.
Part D RESIDENCE OF RELEASED CONVICTS
Part D]

Copy of order under Section 565, Criminal Procedure Code to be sent to JailIn every case in which an order under Section 565 of the Criminal Procedure Code [Section 356 of new Code] is made, directing that the person sentenced to imprisonment shall notify his residence and any change of residence after release, a copy of such order should be transmitted by the Court passing the sentence and order, with the warrant of commitment issued under Section 384 of the Code [Section 419 of new Code], to the officer-in-charge of the Jail or other place in which the prisoner is, or is to be, confined. Attention is also invited to the following rules:
Notification The 6th March, 1931

No. 7335In exercise of the powers conferred by Section 565 of the Code of Criminal Procedure, 1898 [Section 356 of new Code] Punjab Government is pleased to made the following rules regulating the notification of residence or change of absence from, residence by released convicts in regard to whom an order has been made under sub-section (1) of Section 565 of the said Code [Section 356 of new Code]. Punjab Government Notification No. 395 (HomeJudicial), dated the 13th March, 1901, is hereby cancelled.
Rules

I. Released convicts to observe rulesWhen, at the time of passing sentence of imprisonment on any person Court or Magistrate also orders that his residence and any change of residence after release be notified for the term specified in such order such person shall

comply with and be subject to the rules next following. In these rules a person released subject to an order of the nature herein before described is called a released convict. II. Released convict to notify, at the time of release intended place of residence to releasing officerEvery convict in regard to whom an order has been made under Section 565 of the Code of Criminal Procedure, 1898 [Section 356 of new Code] shall not less than fourteen days before the date on which he is entitled to released, notify the officer-in-charge of the all, or other place in which he may for the time being be confined, of the place at which he intends to reside after his release. III. Released convict to notify intention to change first residence at local Police StationWhenever any released convict intends to change his place of residence from the place which he specified at the time of his release as the place at which he intended to reside to any other place, he shall notify the fact of such intention and the place at which he hereafter intends to reside, not less than twenty-four hours before he so changes his residence, to the officer-in-charge of the Police Station within jurisdiction of which he resides at the time when he notifies his intention to change his residence. IV. Released convict to similarly notify all subsequent intention to change residenceWhenever any released convict intends to change his place of residence from any place at which he may, at any time, be residing, under the provisions of Rule III, he shall notify any intended change of residence in the manner in that rule provided. V. Period to be appointed for taking up residence; In default the convict to notify his actual residenceThe Officer recording a notification under Rule II, Rule III or Rule IV, shall appoint such period as may be reasonably necessary to enable the convict to take up his residence in the place notified. If the convict does not take up his residence in such place within the period so appointed he shall, not later than the days following the expiry of such period, notify in person his actual place of residence to the officer-in-charge of the Police Station within the limits of which he is residing. VI. Released convict to notify the fact of his having actually taken up his residence at the place specified under preceding rules Every released convict shall, within twenty-four hours of his arrival at the place of residence notified under Rule I or II, Rule III or Rule IV, notify the fact of such arrival to the officer-in-charge of the Police Station within the jurisdiction of which such place of residence is situate. VII. Particulars of place of residence to be suppliedIn notifying places of residence under these rules released convict shall (a) If the place of residence is in a rural tractspecify the name of the village, hamlet, or locality of such place, and the jail, thana, tahsil and district within the limits of which such place is situate ;

(b) If the place of residence is in a town or cityspecify the name of the town or city and the street, quarter and sub-division of the town or city within the limits of which such place is situate. VIII. Manner of notifying changes of residenceEvery notification to be made by a released convict under Rules III, IV and VI, respectively, shall be made by such convict personally at the proper Police Station : Provided that (a) the District Magistrate may, by order in writing exempt any released convict from the operation of this rule and may permit such convict to make such notifications in writing or in such order, prescribe in that behalf; (b) If from illness or other unavoidable cause, any released convict is prevented from making any notification required by these rules personally at the proper Police Station he may do so by written communication addressed to the officer-in-charge of the proper Police Station. Such Communication shall state the cause of his inability to attend in person at the Police Station, and shall, before it is transmitted to the proper Police Officer, be attested by a village headman or other village officer. Notes(1) These rules will also be applicable to special orders of police surveillance issued by the State Government in the cases of prisoners conditionally released before the expiry of the term of their sentence. (2) Subsidiary Rules issued by the Police Department will be found in Appendix 2839 (1) to the Punjab Police Rules, Volume II. (3) Rules made by the Punjab Government in exercise of the powers conferred by Section 16 of the Restriction of Habitual Offenders (Punjab) Act, 1918 (V of 1918), are published in Punjab Government No. 9853, dated the 29th April, 1918.
Part E]

Part E IDENTIFICATION OF RE-CONVICTED PRISONERS

1. IntroductoryAt the request of the State Government the following instructions are issued with a view to insuring the proper recognition of re-convicted prisoners for the purposes of jail discipline. 2. Descriptive roll of the convictAccording to the existing practice in this State, the descriptive roll of each person sent up by the police for trial is retained in the office of the Magistrate and filed with the Judicial record of the case. Under instructions of the Central

Government, it is necessary that a descriptive roll of every prisoner arrested by the police should be prepared at the station-house and be sent up with the prisoner to the Magistrate; and that this roll, in the event of the final conviction of the prisoner by the Magistrate, should be copied in a register kept up in the jail for the purpose. 3. Charge sheet to be sent up by PoliceAs in the Punjab the descriptive roll is embodied in the charge sent up by the police, all that appears to be required is that the charge sheet, instead of being at once filed with the magisterial records of the case, should accompany the warrant of commitment to the jail, that the descriptive roll of the prisoner should be copied into the jail register, and that thereafter the charge sheet should be returned to the Magistrate. 4. Charge to be sent to JailMagistrate are, therefore, instructed to forward the charge sheet, with the warrant of commitment, to the Superintendent of the Jail, who will be directed by the Inspector-General of Prisons to cause the descriptive roll to be copied from the charge sheet into the appropriate jail register. The Superintendent will then return the charge sheet to the Magistrate.
Part F RULES FRAMED UNDER THE PROVISIONS OF RESTRICTION OF HABITUAL OFFENDERS (PUNJAB) ACT, 1918
Part F]

The 29th April. 1918

No. 9853In exercise of the powers conferred by Section 16 of the Restriction of Habitual Offenders (Punjab) Act, 1918, the State Government is pleased to make the following rules: 1. DefinitionIn these rules the expression Court includes Magistrate. 2. Areas of restrictionThe areas to which persons may be restricted by an order under this Act shall ordinarily be (a) If the person resides in a villagethe area of the villages to which may be added at the discretion of the Court the areas of any contiguous villages in which the said person owns or occupies any immovable property or practises any trade or calling. (b) If the person resides in a townthe area of the town. But in special cases the Courts may fix a large area.

(i) ExceptionsUnless the person restricted is an owner of land the Court may, if it is of opinion that restriction to the aforesaid areas is inexpedient, select any other village or town, as the case may be, in the district within which the person ordinarily resides. (ii) If the person restricted has been twice convicted of offences under Chapter XVII of the Indian Penal Code, and is not an owner of land, the area of restriction may be any settlement established under Section 14 of the Punjab Habitual Offenders (Control and Reform) Act, 1952. (Punjab Act XII of 1952), but the Court must obtain the concurrence of the Deputy Commissioner in-charge of the settlement before restricting any person to such settlement. 3. Absence without leave. PassesNo person restricted by an order of restriction under this Act shall leave or be absent from the area of restriction without having obtained a pass in accordance with these rules and except in accordance with the terms of such pass. ProvisoNothing contained in this rule shall be deemed to render it illegal for any restricted person to leave the limits of the area of restriction whenever necessary for the purpose of appearing at the police station or before the nearest Magistrate to complain of an offence affecting himself or his family, or to present an appeal or petition of revision against the order of restriction, or to obtain a pass under these rules, provided that he gives due notice of his intended departure to the headman of his village or town or to the officer-incharge of the settlement or school proceeds straight to the police station or Court of the Magistrate and returns without unnecessary delay. 4. Times of reportThe times at which a person is required by an order of restriction to report himself shall be such times at intervals of not less than 24 hours and not more than 7 days as the Court may fix; but such times shall not be more frequent than the Court thinks strictly necessary in each case. The place of report shall be the house of the headman or the Jaildar or other officer, who in exceptional cases for reasons to be recorded in writing may be a police officer not below the rank of an officer-in-charge of a police station as the Court may direct: provided that no person shall be required to report himself at a place situated more than three miles from the place where he ordinary resides, Every person required to report himself by an order of restriction under this Act shall do so by attending in person and announcing his presence, unless physically incapacitated from doing so. 5. Leave for one dayA person restricted to any area by an order of restriction under this Act may be granted a pass in Form A appended to these rules authorising him to leave the said area for one day, between sunrise and sunset

(a) If he is restricted to any village or group of contiguous villages or larger areaby any headman of the village in which he ordinarily resides. (b) If he is restricted to a townby such officer as may be specified by the District Magistrate. (c) If he is restricted to a settlement or school by the officer in charge of the settlement or school. 6. Leave not exceeding 15 daysThe officer-in-charge of the police station or settlement or school within the limits of which any person is restricted by an order of restriction under this Act may on due cause being shown grant such person leave of absence for a period not exceeding 15 days and may issue a pass to him. 7. Long leaveThe District Magistrate of the district in which any person is restricted by an order of restriction under this Act, or any person only authorised by the District Magistrate in writing in this behalf, may on due cause being shown grant such person any leave of absence which he may deem reasonable and may issue a pass to him. 8. Conditions attaching to absence on leaveAny person granted leave or absence under Rule 6 or Rule 7 shall travel to his destination and return to his residence by the route specified in the pass. He shall have the time and date of his arrival endorsed on the pass by the headman of the village of destination and within three days of his arrival he shall report himself at the police station within the limits of which his destination is situated, and shall present his pass for endorsement. 9. Reports while on leaveDuring such time as any person restricted to any area by an order of restriction under this Act is absent from the area of restriction, he shall report himself once every three days to the headman of the village in which he may happen to be, and once in every 15 days he shall unless exempted by order of the District Magistrate, report himself to, and present his pass for endorsement by the officer-in-charge of the police station. 10. Surrender of passesOn his return to his residence he shall deliver the pass up to the authority from whom he received it. All passes so returned shall be sent for record to the police station within whose limits the person is restricted. 11. Form of passesPasses issued under Rule 6 or Rule 7 shall be printed and filled in Urdu in Form B appended to these rules. They shall be drawn up in triplicate and each part shall be signed or sealed by the authority granting the pass. One part shall be retained by such authority, the second shall be given to the person granted leave, and the third part shall be sent to the officer-in-charge of the police station within the limits of which the destination of the holder of the pass lies.

12. Person on leave unable to returnIf any person who has been granted a pass under these rules is from any unavoidable cause prevented from returning to his residence within the period of his leave, he shall at once give information to the nearest police station. The officer-in-charge of the Police Station shall verify the information and shall send a report to the authority which issued the pass. 13. Withdrawal of passesAny pass granted under these rules may at any time be withdrawn by the authority which granted it, or by the District Magistrate or any officer duly authorised by him in writing in this behalf.
Form A (Rule 5) (To be printed in Urdu)
(Foil) Days pass for persons restricted under Punjab Act 1 of 1918 Serial No. ........ Name Fathers Name Date . . . . . . . . . . . Tribe Residence Place . . . . . . . . . . . . . . . Leave Place to which the person will go Serial No. . . . . . . . . . Name Fathers Name (Counterfoil for person given Leave) Days pass for persons restricted under Punjab Act 1 of 1918 Date . . . . . . . . . . . Tribe Residence Place . . . . . . . .. . . . . . . Leave Place to which the person will go

Date

Day

Date

Day

NoteRule 5 is reproduced on the Form here.

NoteRule 5 is reproduced on the Form here.

Seal or Signature of the Headman. Granting pass

Seal or Signature of the Headman. Granting pass

Form B (Rule 11)

(To be printed in Urdu)
(Foil for Record) Pass for leave granted to persons restricted under Punjab Act 1 of 1918 Serial No. . . . . . Name Fathers Tribe Name Date . . . . . . . Residence Leave granted Place . . . . . Route prescribed (Counterfoil for the Police Station to which Person is going) Pass for leave granted to persons restricted under Punjab Act 1 of 1918 (Counterfoil for person given Leave) Pass for leave granted to persons restricted under Punjab Act 1 of 1918

Serial No. . . . . Name Fathers Name

Date . . . . . Tribe Residence

Place . . . . . Leave granted Route prescribed Name

Serial No. . . . . . Fathers Name Tribe

Date . . . . . . . Residence Leave granted

Place . . . . . . . Route pres-cribed

Signature of Officer granting leave.

Signature of Officer granting leave.

Signature of Officer granting leave.

NoteRules 8 to 11 are reproduced on the Form here.

NoteRules 8 to 11 are reproduced on the Form here.

NoteRules 8 to 11 are reproduced on the Form here.

Endorsements While on Leave

Date of departure on leave

Signature of headman or officer

Dates of endorsements while on leave

Date of return to residence

Signature of headman or officer

Date of pass reaching police station

Signature of officer in charge

1. Clause (vi) has been omitted in view of paragraph 7 of the Indian (Adaptation of Existing Indian Laws) Order, 1947.

CHAPTER 24
Ch. 24

Sessions Cases
Part A]

Part A COMMITMENT

1. What cases are committed to SessionsAll cases punishable with death or in which a witness has accepted a tender of pardon under Section 337 of the Code of Criminal Procedure [Section 306 of new Code] shall be committed to the Court of Sessions except the cases mentioned in sub-section (2B) of Section 337, which have to be sent without any further inquiry to the Court of the Special Judge appointed under the Criminal Law Amendment Act, 1952 (XL VI of 1952). In view of the recent amendments of Section 30 of the Code all cases relating to offences punishable with imprisonment for life or with imprisonment for a term exceeding seven years should be committed to a Court of Sessions when the Magistrate cannot award adequate punishment. 2. Cases which Section 30 Magistrate should not tryThe District Magistrate should see that all cases triable by Magistrate with enhanced powers under Section 30 are disposed of by such Magistrate including himself when he is so invested and that only those cases should be committed to the Court of Sessions which a Section 30 Magistrate is not competent to try. Ordinarily a Section 30 Magistrate should not try cases in which he takes action on his own knowledge or information or in which special grounds exist for rendering a committal desirable. 3. (i) Inquiry in cases instituted on police report. Preliminary mattersSection 207A, inserted in the Code [Deleted in new Code] by Act No. 26 of 1955, lays down a different procedure in inquiries preparatory to commitment where the proceeding has been instituted on a police report. When the Magistrate receives the police report forwarded under Section 173 [Section 173 of new Code] he shall fix a date for the inquiry under Section 207A [Deleted in new Code] which shall not ordinarily be later than fourteen days from the date of receipt of the report. If a later date is fixed, the Magistrate must record his reasons for doing so. The officer conducting the prosecution can apply to the Magistrate at any time before this date for the issue of a process to compel the attendance of witness(es) to give evidence and/or produce any document or thing at the said inquiry. The Magistrate shall issue such process unless, for reasons to be recorded, he deems it unnecessary to do so. (ii) Commencement of the inquiry. The accused to be furnished with documentsAt the commencement of the inquiry, when the accused appears or is brought before the Magistrate, he shall satisfy himself that the accused has been furnished with the documents mentioned in

Section 173; if this has not been done, he shall, subject to the provisions of sub-section (5) of that section, cause these documents to be furnished to the accused. (iii) Not obligatory to examine other than the eye witnessesThe Magistrate shall then proceed to examine the witnesses produced by the prosecution as witnesses to the actual commission of the offence. It is not obligatory to examine the other witnesses but if the Magistrate is of the opinion that it would be in the interest of justice to do so, he may examine any one or more of the prosecution witnesses. The parties have the usual rights of cross and re-examination of these witnesses. Section 207A does not anywhere provide for the examination of the witnesses for the defence during the inquiry preparatory to commitment though in proceedings instituted otherwise than on a police report, the evidence produced on behalf of the accused has also to be examined under Section 208 of the Code. (iv) Examination of evidence and accused etc. to decide whether charge should be framed After the prosecution evidence referred above has been taken the Magistrate shall examine it and the documents mentioned in Section 173. He should also examine the accused to enable him to explain only circumstances appearing in the evidence against him and give the parties an opportunity of being heard. (v) Order of dischargeIf the Magistrate is of the opinion that such documents add evidence etc., disclose no grounds for committing the accused for trial, he may discharge the accused after recording his reasons for this order, unless the Magistrate is of the opinion that the person should be tried before himself or some other Magistrate, in which case he shall proceed accordingly. (v) Charge and copy to accused etc.If after proceeding in the manner laid down in sub-para (iv) above the Magistrate is of the opinion that the accused should be committed for trial, he shall frame a charge under his hand, declaring with what offence the accused is charged. The charge shall then be read and explained to the accused and a copy thereof shall be given, free of cost, whether the accused asks for it or not. 4. Heading and charge in Sessions casesIn all cases committed for trial by a Court of Sessions, the State should be entered as prosecutor, and the complainant as a witness. The charge should be framed with care, and in strict accordance with the provisions of Section 221 of the Code of Criminal Procedure [Section 211 of new Code] and should describe the offence with which the accused is charged as nearly as possible in the words of the law which creates that offence, so that the accused may have full knowledge of the offence charges against him. If it is intended to prove a previous conviction at the trial, such previous conviction should be set out in the charge in the manner described in Chapter I, of this Part, Practice in the Trial of Criminal Cases. NoteThe word State will be rendered in the vernacular as Sarkar. 5. (i) Calendar of witnessesThe names of complainants and other prosecution witnesses and in cases instituted otherwise than on a police report, also of the witnesses on behalf of the defence who have appeared before the committing Magistrate and whose attendance, before the Court of

Sessions of High Court is necessary shall be entered in a calendar which such Magistrate should prepare and shall be bound over to be in attendance when called upon at the trial. (ii) List of defence witnessesThe Committing Magistrate shall call upon the accused to give, orally or in writing a list of the persons (if any) whom he wishes to be summoned on his trial. (iii) Defence witnesses to be summoned by the Committing MagistrateAfter this list has been furnished by the accused, the Magistrate shall summon such of the witnesses included in the list as have not appeared before himself to appear before the Court to which the accused has been committed. Provided that, where the accused has been committed to the High Court, the Magistrate may, in his discretion, leave such witnesses to be summoned by the Clerk of the State and such witnesses may be summoned accordingly. Magistrate may refuse to summon certain defence witnesses or call upon accused to deposit their expensesProvided, also, that if the Magistrate thinks that any witness is included in the list for the purpose of vexation or delay, or of defeating the ends of justice the Magistrate may require the accused to satisfy him that there are reasonable grounds for believing that the evidence of such witnesses is material, and if he is not so satisfied, may refuse to summon the witness (recording his reasons for such refusal), or may before summoning him require such sum to be deposited as such Magistrate thinks necessary to defray the expense of obtaining the attendance of the witness and all other proper expenses. (iv) Production of witnesses not entered in the calendarThe prosecution is entitled to have entered in the calendar the names of such witnesses only as have been examined by the Committing Magistrate. The prosecution is not debarred from producing other witnesses in the Court of Session but is not entitled to have process issued for the attendance of such witnesses. 6. Duty of Committing Magistrate to call for other material witnessesThe attention of Committing Magistrate is drawn to Section 208(1) which enables them, in cases instituted otherwise than on a police report, to call for and examine any witnesses no examined by the prosecution or by the defence. If, on an examination of the police diaries, it appears to the Committing Magistrate that any material witness has not been cited by the prosecution nor examined by the defence, he should examine such witness and record his statement. 7. Instructions for the recording of medical evidenceWhere a Magistrate decides under Section 207A(4) or finds it necessary Section 208(1) to record the medical evidence during commitment proceedings, he should observe the following instructions: (i) Medical evidenceThe medical evidence should be recorded with care and precision in the English language when the Magistrate is acquainted with that language, and should be translated into the vernacular and read over to the accused, in order that he may have an opportunity to cross-examine. Under Section 509 of the Code of Criminal Procedure, [Section 291 of new Code] the evidence of a medical witness duly taken by the Committing Magistrate can be tendered before the Court of Session without the witness being actually called. The medical

witness should not therefore be ordinarily bound over to appear before the Court of Sessions. It should be noted that Section 509 [Section 291 of new Code] requires that the evidence should not only be taken but also attested in the presence of the accused. The Magistrate should, therefore, append a certificate in the following form : Taken before me and signed by me in the presence of the accused. (Signature of Magistrate) (ii) Duty of Magistrate to examine medical witnesses thoroughlyA Magistrate recording medical evidence should not content himself with merely taking down, in the presence of the accused, the statement of the Civil Surgeon or other Medical Officer as spontaneously made by that officer, but should, if necessary, examine him further in view of the detailed instructions contained in Chapter 18 of this volume Medico Legal Work, in which suitable questions to be put to medical officers in certain classes of cases are suggested. (iii) Inquest reportsIn all cases in which the medical evidence is that the body of a person alleged to have been murdered reached the witness in a state of decomposition, evidence of the condition of the body when first discovered should be recorded and formal proof obtained of the inquest report Surat hal, where there is one. In almost all cases of homicide, it is desirable that the police officer who first viewed the body and prepared the Surat hal should be required to put in and prove that document. (iv) Completion of recordFurther, Committing Magistrate must insist on the proper filing and placing on the record of all documents referred to, or which may be required for reference by medical witnesses, as, for example correspondence between medical officers and the Police relating to the cause of death, the forwarding of the corps, its condition and so forth, as well as correspondence between Medical Officers and the Chemical Examiner and notes of post-mortem examinations. The Chemical Examiner should always be requested to return, if possible, any article sent to him for examination which is likely to be required at the trial. 8. In proceedings instituted otherwise than on a police report the following points should be kept in mind while the evidence is being recorded. (i) Other material circumstances to be provedCircumstances connected with the finding of the body, or of the property, or with the state of locality, or the department, etc., of the accused, must be proved by the evidence of witnesses who saw what they describe, or by the police officer who conducted the investigation. (ii) Identity of the body and clothes, etc.In case of homicide, evidence should be taken to identify the body of the person killed; to prove the custody of the body from the moment it is discovered to the time of its delivery to the Medical Officer for post-mortem examination, and to show that it has not been tampered with during its conveyance from the scene of death to the place of examination. Clothes and ornaments found on the body should similarly be identified by proper witnesses, and their removal from the body and custody, until produced in Court, proved in evidence.

(iii) Custody of other articles to be provedSimilar care is often required in tracing the custody of poisonous substances, poisoned food, blood-stained clothes etc. The evidence should never leave it doubtful as to what person or persons have had charge of such articles throughout the various stages of the inquiry, if such doubt can be cleared up. This is especially necessary in the cases of articles sent to the Chemical Examiner. The person who packs, seals and despatches such articles should invariably be examined. (iv) Every article re-circumstantial evidence should be producedClothes, weapons, money, ornaments, poisonous substances, food and every article which forms a part of the circumstantial evidence should be produced in Court, and their connection with the case and identity should be proved by witnesses. (v) Completion of record. Supplementary witnesses. Evidence produced to be called at the trial but not produced before Committing MagistrateA great deal of evidence, such as is mentioned in the foregoing paragraphs.......is formal in character but it is necessary that such evidence should be forth coming at the trial. A Committing Magistrate is bound as a rule to record all material witnesses produced before him or those for whose attendance he has issued process under Section 208 of the Criminal Procedure Code. Where the prosecutor does not examine before a Committing Magistrate a witness, whom he proposes to call at the trial, he should be required to state the nature of such evidence so as to indicate to the accused case he has to meet and thus to obviate the necessary of an adjournment in the Court of Session. Attention is invited to the provisions of Section 219 of the Criminal Procedure Code which enables a Committing Magistrate to examine supplementary witnesses even after the order of commitment. If he summons and examines any such supplementary witnesses, he should bind them to appear and give evidence at the trial and also furnish a copy of their statements free of costs of the accused at his or their request. (vi) PlansIn cases in which a plan is necessary, and has been prepared by or under the directions of the Police, its correctness should be proved by the person who prepared it, and it should be marked and recorded as an exhibit. 9. Plans(i) In all cases where a plan of the locality is material such a plan should be sent up with the record of commitment. The Inspector-General of Police has been requested to direct his subordinates to have such plans prepared, but it must be remembered that plans as well as Police reports are not evidence until they have been sworn to in Court by the persons who prepared them or who of their personal knowledge can depose to their correctness. (ii) In all cases where the decision turns upon topography, or the position and construction of a dwelling, a plan, drawn to scale, and proved as accurately representing the place or dwelling indicated, should be filed with the proceedings. (iii) In cases instituted on Police report the costs of preparing all such plans shall be borne by the Police [Punjab Government (Home), Circular Letter No. 9299-J-55/3688, dated the 24th January, 1956].

10. Police responsible for proper custody and production of all material articles Magistrate should impress on Police officials that such officials are responsible for the proper custody and production at the trial of all such articles and substances as are mentioned above from the time of their first discovery until the close of the trial, whether or not they have been sent to the Chemical Examiner for report. 11. Exhibits Articles to bear numbersAll exhibits should be marked with a letter or number. Articles which are produced in evidence should have a label attached to them bearing a number, and that number should be quoted throughout the record whenever any such article is referred to and should be distinctly marked as admitted or not admitted. If the exhibits have already been assigned numbers by the Police, that series of number should be retained, as exhibits are sometimes referred to in Police diaries by numbers, and if a new set of numbers is made by the Committing Magistrate confusion will arise. Packing and marking over of articles to Court Inspectors. Sketch of weaponsThe Committing Magistrate should see that all articles to be produced at the trial in the Court of Session are carefully packed and sealed and should have them placed in the custody of the Court Inspector or other proper officer, who should himself produce them at the trial in the state in which he has received them. All exhibits in the nature of documents, including photographs and bahis proved in evidence, should be marked with a letter and placed on the record. A list of all exhibits should be prepared and placed on the record. Where a weapon is used in the commission of an offence, it should be labelled, packed, sealed and placed in proper custody, and a rough sketch of it should be drawn and its measurement and weight recorded thereon, and the sketch should be marked as exhibit and placed on the record after being duly proved. The Magistrate should add his signature and the date to the mark placed on each exhibits. Printed labels for exhibitsA printed label should be affixed or attached to each exhibit. It should contain the following particulars: Number of exhibit............ Produced by............... Admitted (Signature of Magistrate). Date .......... Case.......... Description of exhibit.......... The Committing Magistrate should see that these entries are properly made. Statements liable to be transferred to the Sessions recordAll depositions or statements which are ordinarily liable to be transferred to the record of the Court of Session should be recorded on

separate sheets of paper of fullscape size. Every deposition and statement should bear the date on which it is recorded and should be signed by the Magistrate. 12. List of defence witnesses. Rights of accused to produce witnesses not mentioned in the listAs soon as a charge has been framed, the accused shall be required at once to give in, orally or in writing a list of the persons whom he wishes to be summoned to give evidence on his trial, and the Magistrate may allow the accused to give in a further list of witness subsequently. The accused is entitled to examine at the trial witnesses other than those mentioned by him in these lists but he is not entitled to the process of the Court for the attendance of such witnesses. 13. CalendarThe form of calendar as prescribed is printed here and should be used after necessary modifications. It has been filled in as if the proceedings had been instituted otherwise than on a Police report. The entries would be very much simpler for proceedings instituted under Section 207A on a Police report.
FORM OF CALENDAR Case Committed to the Court of the Session of Amritsar Division by A.B., Magistrate of the 1st Class on the 1st day of July, 1894

1. Prisoners name, parentage, caste, residence and age: (1) Sona Singh, son of Rodu; caste Rajput; residence Aliwal, Amritsar District; age 42. (2) Ala Singh, son of Lehna Singh; caste Jat; residence Tung, Amritsar District; age 40. (3) Bulaki, son of Gulaba; caste Jutlea; residence Aliwal, Amritsar District; age 30. 2. Offence charged with law, applicable and date of commission : (1) Against I and II Murder of Nika Singh on 25th June, 1894, Section 302, Indian Penal Code (2) Against III Furnishing false information to a public servant on 25th June, Section 177, Indian Penal Code. 3. Date of apprehension : (1) I25th June. (2) II and III26th June. 4. Whether in prison or on bail:

I and II,Imprison IIIOn bail. 5. Witnesses for prosecution with a brief indication of the nature of evidence shown against name of each: (1) Dr. A.B., Civil Surgeonto cause of death. (2) Devi Ditta, son of deceasedeye-witness of murder; identifies body. (3) Partap Singh to finding of ear-ring, and finding and identify of bloody knife, and identity of body. (4) Gurbaksh Eye-witnesses

(5) Gulab, son of Muhammada (6) Bahadur To finding and identity of bloody garment and

(7) Dial Singh to apprehension of accused I and II (8) Ahmad Baksh, ConstableApprehended the two first accused was present when bloody garment was found. (9) Ram Dass Hearing a cry ran to spot, was accused I and II

(10) Naraian Singh running away heard deceaseds declaration (11) Din MyhammedHelped to carry body to the Sadr; witness to enmity (12) Shrimati JivniIdentifies ear-ring. (13) Gulaba, son of GulamIdentifies ear-ring, (14) JhandaIdentifies bloody knife. (15) AladinSaw deceased in company of prisoners I and II. (16) Bansidhar, Muharrir SergentRecorded first report made by accused III. (17) Sant Singh, Sub-InspectorProves Surat Hal and conducted inquiry on the spot. (18) Surat Ram, Constablewas sent in charge of the corpse and knife to the Sadr and made them over the Civil Surgeon.

6. Material evidence, i.e., weapon, clothes, etc. Bloody knife, ear-ring, bloody garment. 7. Documentary evidence. 8. Witnesses for defence. (1) Fact. (2) Prisoners. (3) I and II (4) Sheo Bhagat; Ganga Pershad, Devi Din. (5) Character. Budh Singh; Muhamda. 14. Reasons for commitment to be recordedThe reasons for commitment required by the Code of Criminal Procedure should be written on a separate sheet or sheets or paper and attached to the calendar. In the case of commitments made by Magistrates who are not acquainted with English the calendar should be written in the vernacular of the Court and so submitted. The Committing Magistrate is responsible for seeing that the calendar is correctly prepared. 15. Marshalling of evidence by Committing MagistrateIn preparing the Reasons for Commitment the Committing Magistrate should give a concise but intelligent statement of the facts and should marshall the evidence in the order in which it should come under judicial consideration. In cases instituted on police report there would normally be only the direct evidence of the perpetration of the crime and the circumstantial evidence for the committing Magistrate to deal with but in other case the marshalling of the evidence may be in the following order : (a) the medical evidence, if any ; (b) the evidence as to the identity of the body or property and the direct evidence of the perpetration of the crime; (c) the evidence as to the discovery of the offender and his arrest; (d) the circumstantial and other evidence. 16. Numbering of witnesses and necessary particularsThe witnesses should be numbered in the order in which they are marshalled; an official should be designated by his title and a female by words like Kumari or Shrimati. If there be more than one witnesses of the same name, the parentage of each should be given. If any of the witnesses are relatives of the accused, or

connected with the deceased or the party in whose interest the Government prosecute this should be stated. 17. Committing Magistrates to send timely information to Sessions Judge of the case to be committedThe Committing Magistrate as soon as he decides to commit a case, should inform the Sessions Judge, sending him a brief statement showing the section under which the accused is charged and the number of witnesses and giving his own estimate of the time likely to be required for the trial. 18. Papers and articles to be sent to the Sessions Court by the Committing Magistrate When a commitment is made, the Magistrate should notify the fact and transmit the following papers to the Court of Session: (a) The record of the original enquiry, including the order of commitment made under Section 207 A (10) of Section 213(1) of the Code of Criminal Procedure and a copy of the original charge framed under Section 207A (7) of Section 210 of the said Code. (b) The original charge framed under Section 207A(7) of Section 210 of the Code of Criminal Procedure. (c) The calendar as required by paragraph 13 of this Chapter. (d) The reasons for commitment prescribed by Section 207A (10) or Section 213 of the Code of Criminal Procedure and paragraph 14 of this Chapter, whether endorsed on the calendar or separately recorded. Besides these, any weapon or other article of property necessary for production in evidence should be forthcoming at the trial. 19. Whenever a case in which a death sentence may be inflicted is not completed in a Committing Court and the records required by Rule 18 despatched to the Sessions Court within three months from the date of the arrest of the accused, the Committing Magistrate, should attach to the record an explanation of the delay signed by himself. (High Court Letter No. 5844-R/XII D-2, dated 16th July 1941).
Part B]

Part B TRIAL OF SESSIONS CASES

1. IntroductoryThe Judges desire to emphasize the desirability of disposing of Sessions cases with the greatest possible expedition and to secure his object the following method should be adopted. 2. Reservation of several days for possible Sessions casesSessions Judges should reserve for possible Sessions cases several days in each month. The Committing Magistrate, as soon as he

decides to commit any case should inform the Sessions Judge (sending him a brief statement showing the section under which the accused is charged and the number of witnesses for the prosecution) and give his own estimate of the time that the trial will take in the Sessions Court. 3. For instance, let it be assumed that the Sessions Judge has reserved the 1st to the 3rd of July and the 15th to the 17th of July for Sessions case up but till the 20th of June he has received no intimation that a case is to be committed. He then proceeds at once to fill up the dates reserved in the beginning of July with criminal appeals and civil appeals of parties (such as those residing in headquarters) who can be served easily and with preliminary hearings of civil appeals. Then, perhaps, at the end of June he receives information that a case is to be committed. It can be fixed at once for trial on the days reserved in the middle of July. 4. Intimation in advance by Committing MagistrateIf the scheme explained above is properly worked it should be possible to dispose of all Sessions cases heard at headquarters within two or three weeks of the actual date of commitment, and even where Sessions Judges have more than one district under their jurisdiction, trails would be concluded much more quickly than would be the case when no preliminary warning is sent by the Committing Magistrate. 5. To secure the best results the co-operation of Magistrates and of their staff is, of course, very necessary; because if Committing Magistrates fail to give the intimation required. Sessions Judges will be compelled to fix longer dates owing to the necessity of serving the witnesses through the police. 6. Postponement of cases awaiting arrest of abscondersThe instructions contained in paragraph 7 of Chapter I-A of this Volume, regarding the postponement of cases in order to await the arrest of other accused in the case, apply mutatis mutandis to Sessions cases. 7. Explanation for delayThe High Court requires explanations to be furnished in monthly Sessions statement of any case pending over two months. 8. Place for trialUnder Section 9 of the Code, as recently amended, the State Government may, by general or special order in the official Gazette, direct at what place or places the Court of Sessions shall ordinarily hold its sittings; but if in any particular case the Court is of the opinion that it will tend to the general convenience of the parties and witnesses to hold its sitting at any other place in its Sessions division, it may, with the consent of the parties, sit at that place for the disposal of the case or the examination of one or more witnesses in the case. As a general rule a Sessions case should, if possible, be tried at the headquarters of the district from which it was committed. 9. Examination of record and intimation of the date fixed by Sessions Judge to the Committing MagistrateOn receipt of the record the case will be registered and when the date and place of the trial have been fixed a memorandum should be made in English on the calendar and due notice thereof sent to the Committing Magistrate. Sessions Judges should examine carefully the record of each case committed, immediately upon receipt, in order to satisfy

themselves that Magistrates have carried out the requirements of the law and of these instructions. 10. Careful examination of charge and medical evidence by the Sessions Judge in order to amending charge. He may summon any witness not included in the calendarThe charge and the medical evidence should be examined in particular. If the charge has not been correctly framed, it should be amended before being read out to the prisoner. The medical evidence is sometimes recorded in the Committing Magistrates Court carelessly and important points are left in doubt. In such cases the medical witness should be summoned and examined in the Sessions Court so as to get the points cleared. Similarly the police diaries should be seen to make sure that a material witness has not been left out. In view of the amendments made in the Code by Act No. 26 of 1955, the Committing Magistrate, in proceedings instituted on police report, generally, examines only the witnesses produced by the prosecution as witnesses to the actual commission of the offence alleged. In all such cases it would now be for the Sessions Court to keep in mind the instructions contained in paragraphs 7 to 9 of Part A of this Chapter and to see that all material evidence and circumstances are brought on the record during the trial. If the record is carefully examined on its receipt, Sessions Judges will be able to summon any witnesses not examined by the Committing Magistrate and not included in the Calendar whom they consider material and thus avoid the necessity of an adjournment, which is extremely inconvenient in the case of Sessions trials. (i) The prosecution is not debarred from producing in the Court of Sessions evidence which has not been produced in the Committing Magistrates Court, vide, 1952, Supreme Court Reports, 813. (ii) Whenever a charge is altered or added to by the Court of Sessions, the prosecutor and the accused shall be allowed to call further witnesses whom the Court may think to be material with reference to such alterations or additions in the charge. [Section 231 of the Code of Criminal Procedure (Section 217 of new Code].
COMMENTS There is no rule that a witness who was not produced in the committal proceedings cannot be examined in the Sessions Court. The Sessions Court can, under Section 540, Cr. P. C. examine witnesses who were not examined before the Committing Magistrate. If such a witness is treated as a prosecution witness and is examined by the prosecuting counsel instead of by the Court itself, it would be at best an irregularity curable by Section 537, Cr. P. C. Bhagwan Singh vs. The State of Punjab, AIR 1952 SC 214 : 1952 SCR 812.

11. Further prosecution evidenceSessions Judges should report Magistrates who fail to carry out these instructions. 12. Charge to be read out: Mode of recording evidenceThe names and descriptions of the counsel appearing for the prosecution and defence should be noted on the first page of the record of trial. If the accused is unrepresented the fact should be noted. When the charge is read out to the prisoner at the commencement of the trial, the portion relating to previous conviction should not be read out in Court and the accused shall not be asked to plead thereto, nor shall the same be referred to by the prosecution or any evidence adduced thereon until, in the case of a trial by a

jury, the jury have delivered their verdict on the charge of the subsequent offence or in other cases, until he has been convicted of the subsequent offence. [See Section 310 of the Code (Section 236 of new Code) as amended]. The English record should show every detail of the examination-in-chief, cross examination and re-examination of each witness; and if the accused does not avail himself of the liberty to cross-examine, a note should be entered to that effect. 13. Charge as originally framed or as amended in the Court of Sessions to be read out The papers referred to in Part A, paragraph 18, clauses (b), (c), (d) form the basis of the record of the Court of Session. Of these charge, either as originally framed by the Magistrate or as amended in the Court of Session, must be read out at the commencement of the trial in open Court, but neither the Calendar nor the Reasons for Commitment need to be or should be read out. 14. Papers to be transferred to Sessions recordThe papers to be transferred as evidence to the record of the Court of Session, from the record of inquiry are those admitted in evidence by the Court of Sessions. These usually include the charge, documentary exhibits depositions of witnesses and the statement of accused person. The depositions of the medical witness and the Chemical Examiners report, if any, may also be transferred. Depositions of witnesses examined by the Committing Magistrate who have become incapable of appearing at the trial, are to be transferred when required as well as depositions transferred under Section 288 of the Criminal Procedure Code. NoteThe order which papers transferred as evidence to the Sessions Judge record should occupy, is as follows : (i) The charge; (ii) The deposition of medical witnesses; (iii) The chemical examiners reports; (iv) Documentary exhibits; (v) Deposition of a witness examined by the Committing Magistrate, who has become incapable of appearing at the trial in the Sessions Judges Court (following immediately the evidence sheet of that witness, which should contain record of the cause for not examining that witness in the Court of Sessions); (vi) Deposition of a witness if transferred under Section 288. This should follow the Sessions record of the deposition of the witness, and (vii) Statements of accused persons; the confession and statement of each accused person should immediately precede, in this order, the record of his statement in the Sessions Court.

15. Instructions regarding preparations of record(i) In preparing records in Sessions cases and in copying judgments, the following instructions should be strictly followed, namely: (1) The record of evidence of each witness should be numbered; (2) The evidence should usually begin with that of the medical witness, the records of whose depositions, if any, in the Committing Magistrates Court should follow their record sheets in the Court of Session (if any). Each witness should have a separate record sheet in the Court of Session; (3) Confessions and other previous statements of each accused person should immediately precede his or her statement in the Court of Session; (4) Where the evidence before the Committing Magistrate of a witness is brought on to the Sessions record it should immediately follow the Sessions record sheet of that witness, and the reason why and the provision of the law under which it is brought on to the record should be given; and (5) The pages of the original judgment should be noted in the margin of each copy of a judgment issued and the pages of copies of the records of evidence of witnesses should be similarly noted. 16. Use of previous statements of witnessesIn using previous statements before the police or the Committing Magistrate to discredit witnesses careful attention should be paid to the provisions of Section 162 of the Code of Criminal Procedure and Section 145 of the Indian Evidence Act. (For detailed instructions of the subject See Chapter 12 of this Volume, Police Diaries, etc.) 17. Transfer of previous evidenceUnder Section 288 of the Code of Criminal Procedure, the Sessions Judge has the discretion to bring on the record and treat as substantive evidence in the case the statement of a witness duly recorded in the presence of the accused under Chapter XVIII of the Code (i.e., during commitment proceedings) if such witness is produced and examined in the Court of Session. Where the Sessions Judge considers that a witness for the prosecution has changed his statement in material particulars his previous statement should ordinarily be transferred when it can be used as substantive evidence. The mere fact that a witness made a different statement in the Committing Magistrates Court is of course no guarantee that the earlier statement was true. In view of the words subject to the provisions of the Indian Evidence Act which occur in Section 288. The evidence given by a witness before the Committing Magistrate cannot be used as substantive evidence in the Sessions Court unless the witness is confronted with those parts of his evidence which are to be used for the purpose of contradicting him, even though, if the only object of the prosecution is to discredit the evidence given in the Sessions Court by cross-examining him with reference to previous statements made before the Committing Magistrate, it is not necessary to do so, vide 1951 Supreme Court Reports 729 and A.I.R. 1954 Punjab 182 (D.B.) The weight to be attached to a statement transferred under this section is a matter to be judged in the light of all circumstances including any explanation the witness may offer as regards the discrepancy.

Any statement transferred to the Sessions record under Section 288 should be read in Court before being placed on the record. 18. It is unsafe to pass conviction on transferred evidenceEvidence taken before the Committing Magistrate and transferred to the Sessions file under Section 288 can be treated as substantive evidence for all purposes and as a matter of law requires no corroboration. As a matter of caution, however, it would ordinarily be unsafe to base a conviction on such evidence without any corroboration and corroboration can also be found in the circumstances surrounding a case. The fact that a witness has resiled from his earlier statement is a fact to be taken into consideration giving value to the statement that the Court eventually relies upon. If, with that circumstances in mind, the Court still thinks that the earlier statement is true then it is its duty to act upon it whether that statement is corroborated or not, vide, A.I.R. 1946 Lahore 380. 19. Transfer of statement of accusedBefore transferring to the record of the Court of Session, the confession or examination of an accused person recorded by a Magistrate, the Sessions Judge should see that the provisions of Sections 164 and 364 of the Code of Criminal Procedure have been duly complied with. 20. Papers transferred to be read out, translated and placed in proper placeEvery paper to be transferred to the record of the Court of Session whether it be an exhibit or a deposition, must be read out in full in open Court. If the paper transferred is in English, a translation should be made and read to the accused; if in vernacular, a translation into English should be made in the Court of Session and after being duly verified, be filed with the record. In both cases the papers transferred should be inserted in the record of the Court of Session in their proper places, so that the record may be read continuously. On every paper transferred, an endorsement must be made to the effect that it has been read out and admitted in evidence and transferred to the record of the Court of Session. 21. Index of the recordA list of all papers composing the record should be given on the first page of the English proceedings. The name of each witness, and all documents comprising the record, should be enumerated in this index, and the page of the record, at which each is to be found, should be indicated. 22. Detailed memo about weaponsIn all cases referred to the High Court for confirmation of sentence of death, and in all cases where death or serious bodily injuries are found to have been caused by an accused person, a full and accurate description of all weapons produced in Court in connection with the trial should be given in the judgment, and in an annexure which should form part of the record transmitted. Such description should, in the case of cutting instruments of all kinds, include mention of the condition of the edge, and in the case of all other weapons, not being fire-arms, their dimensions and weight. A rough sketch of the weapons used should be made and placed on the record as an exhibit. 23. Session Judges should see that these orders are complied with in every case of the above description. Inconvenience is frequently caused in cases coming before the High Court by the failure of Sessions Judges to follow the existing instructions and the consequent absence from the record of any proper description of weapons connected with the case; and the Judges have

accordingly given directions that the record should be returned to the lower Court whenever it is found that it does not contain such a description. NoteThese directions should be observed by all Magistrates exercising powers under Section 30 of the Code of Criminal Procedure, in cases in which person are convicted of offence at least the human body. 24. Further evidence by partiesSection 291 allows the accused to examine any witness not previously named by him, provided that such witness is in attendance at the Court of Session, but he is not entitled, except as provided in Sections 207 A(9), 211 and 231, to claim to have any additional witness, summoned by the Court of Session. It must be remembered that the prosecutor is also entitled to summon additional witnesses when the conditions specified in Section 231 of the Criminal Procedure Code exist. 25. It is not intended to lay down any hard and fast rules regarding the discretion to be used by Sessions Judges in summoning or refusing to summon additional witnesses but it is contrary to the intention of the Code to allow the accused, as a normal practice, to summon his witnesses when the Sessions trial has begun. At that stage witnesses should be summoned only in exceptional circumstances. The accused should normally give a list of his witnesses to the Committing Magistrate. 26. Trials by juryIn view of the amendments made in the Code of Criminal Procedure by Act No. 26 of 1955 there can now be no Sessions trial with the aid of assessors. In cases tried by jury, when the case for the defence and the prosecutors reply, if any, are concluded the Court shall proceed to charge the jury, summing up the evidence for the prosecution and defence and laying down the law by which the jury are to be guided. The charge to the jury, wherever practicable should be dictated to a stenographer in the language in which it is delivered and a transcript of the charge should be signed by the judge and placed on the record (Section 297). The Judge may, if he thinks proper, in the course of his summing up, express to the jury his opinion upon any question of fact or upon any question of mixed law and fact relevant to the proceedings [Section 298 (2)]. The duties of the Judge and the jury are defined in Sections 298 and 299 of the Code. Notes1. The trial of all offences before the Court of Sessions in the State of Delhi shall be by the Judge himself, vide the Delhi State Government Notification No. F.- 2(242)/55-Home, dated the 2nd April, 1946, under Section 269 of the Code of Criminal Procedure. 2. The Punjab Government have decided that at present the system of trial by jury should not be followed in the Punjab State, vide Punjab Government Letter No. 65-J-56/16374, dated 16th April, 1956. 27. Verdict of JuryAfter the judge has finish his charge, the jury shall retire to consider their verdict. After the verdict has been considered, the foreman shall inform the Judge what is the verdict of the jury or what is the jury or what is the verdict of a majority or that the jurors are equally divided in opinion. The Judge may require the jury to retire for further consideration when the jurors are not unanimous in their verdict. The jury shall return a verdict on all the

charges on which the accused is tried unless the Judge orders otherwise; and the Judge may question the jury to ascertain what their verdict is on each charge. Such questions and answers shall be recorded (Sections 300 to 303 of the Code). 28. Judgment in agreement with the jurys verdictWhen the Judge does not think it necessary to disagree with the verdict of the jurors or a majority of them he shall give judgment according to that verdict and if the verdict is for the conviction of the accused the Judge shall pass sentence on him according to law (Section 306). In this connection please see Chapter 19 Sentences, of this volume. 29. Procedure in case of disagreement with jurys verdictWhere the Judge disagrees with the jurors or a majority of the jurors and is clearly of the opinion that it is necessary in the ends of justice to submit the case to the High Court or where the jurors are equality divided in opinion, the Judge shall submit the case in respect of such accused to the High Court after recording his opinion on such charge or charges and stating the offence which he considers to have been committed. In such cases if the accused is further charged with a previous conviction under Section 310 of the Code [See Section 236 of new Code] the Judge shall proceed to try the accused as if the verdict had been of conviction (Section 307). 30. Pronouncement of JudgmentIn cases tried by the Judge himself, after the case for the defence and the prosecutors reply, if any are, concluded the Judge shall give a judgment in the case and in the event of a conviction pass sentence according to law (Section 309) [See Section 354(2) of new Code]. In trials by jury, the Court need not write a judgment, but the heads of charge to the jury shall be recorded unless the charge has been delivered in English and taken down in shorthand [Section 367(5)] [See Section 354(2) of new Code]. 31. Judgment should be pronounced in open Court by Sessions JudgeThe Judgment should be pronounced by the Sessions Judge either immediately after the trial or on some future day of which due notice must be given to the parties or their pleaders. Sentence should be passed in open Court and then explained to the prisoner. It appears that certain Sessions Judges have been in the habit of writing judgments, while on their September leave and sending them to headquarters for pronouncement by District Magistrates. Section 367(1) of the Code of Criminal Procedure [See Section 354(1) of new Code] clearly lays that a judgment shall be dated and signed by the Presiding Officer in open Court at the time of pronouncing it. Under Section 17(4) of the Code, the Sessions Judges may, for the reasons given, make provision for the disposal of any urgent application by the District Magistrate, but there is no authority for the proposition that the power given to a Sessions Judge under Section 17(4) [See Section 10(3) of new Code] extends to delegation of the duty to pronounce judgments. Sessions Judges must arrange to pronounce judgment in all original cases before proceeding on leave if a delay in pronouncing judgment is likely to cause hardship to any person under trial. 32. Judgment to be written before pronouncingIn cases where the law requires that a judgment should be written, it should be written and delivered before the sentence is pronounced. In such cases it is illegal to pass sentence at the termination of a trial and to postpone the writing of the judgment to a future occasion. All cases must continue to be shown on the pending file until judgment and/or sentence are written and delivered.

33. Copy to be forwarded to District MagistrateIn case tried by a Court of Sessions, the Court shall forward to the District Magistrate a copy of the judgment in addition to the copy of the finding and sentence required by Section 373 of the Code of Criminal Procedure [See Section 365 of new Code]. Where there has been a complete acquittal of all or any of the accused by a Sessions Court, the Sessions Judge should, at the time of pronouncing the judgment, also forward a facsimile copy thereof to the District Magistrate, in whose jurisdiction the trial was held, so as to enable him to consider whether or not an appeal against acquittal is to be recommended. The stenographer should be required to prepare an extra carbon copy, for this purpose, while transcribing the judgment dictated to him by the Sessions Judge. In a case in which an accused charged with murder receives a sentence for imprisonment for life or is tried for an offence under Section 302, Indian Penal Code, but is convicted under Section 304, Indian Code, the Sessions Judge should follow the same procedure. 34. Documents to be forwarded to High Court when sentence requires confirmationIf the sentence is one which has to be referred to the High Court for confirmation, under Section 374 of the Court of Criminal Procedure, the record of the Court of Session, with the exception of the final judgment, should be submitted in original. In addition to the type-written copy of the judgment which takes the place of the original (retained in the Court of Session) two extra typewritten copies will be forwarded for use in the High Court together with type-written copies of the following documents on the Sessions record : (1) First report at police station (if any). (2) Inquest Report. (3) Statement under Section 364, [Section 281 of new Code] Criminal Procedure Code. (4) Examination under Section 364 [Section 281 of new Code] by the Magistrate. (5) Magistrates charge sheet. (6) Record of evidence in Court of Session with any further examination under Section 364, Criminal Procedure Code, and altered charge, if any. (7) Material documentary evidence, if any. (8) Record of verdict of the jury, if any. NotePhotographs and italics should be treated as documentary evidence and should be marked with letters like other documents, and should always be sent to the High Court. 35. Reference to High Court should be in prescribed formThe copy of the final judgment should be signed by the Sessions Judge himself, and not by the Superintendent or other officer of

the Court on his behalf, as certifying such copy to be a true copy. The reference to the High Court for confirmation of the death sentence should be made in the prescribed form. 36. In death sentences accused should be informed about period for appealIn all cases in which a person is sentenced to death, the Sessions Judge should, as directed in Section 371 of the Code of Criminal Procedure [Section 363 of new Code] explained to the condemned man that he must file appeal within a period of seven days (vide. Article 150 of the Schedule to the Indian Limitation Act, 1908). 37. Explanation for delayWhenever a Sessions trial in which a death sentence is inflicted is not completed and the record despatched to the High Court within two months the date of the receipt of the Committing Magistrates record or within five months from the date of the arrest of the accused an explanation of delay, similar to that required from a Committing Magistrate by Rule 26 of Part A of this Chapter, signed by the Sessions Judge, should be attached to the record. 38. Sessions Judge to ask accused and promptly deliver if he requires a copy of judgment In order to prevent delay, the Sessions Judge should, on delivering judgment, ask the accused if he desires to have the copies or translation of the judgment to which he is entitled under subsections (1) and (2) of Section 371 of the Code (as amended) on making as application. When the accused is sentenced to imprisonment he has to be supplied a copy of the finding and sentence soon after the delivery of judgment even if he makes no application for the same. All these copies and the translation of the judgment are to be supplied to the accused free of cost. The Sessions Judge should record in the judgment that copies and translation have been furnished and should furnish the same without delay. 39. Endorsements on copy sent to accusedThe copies referred to in the preceding rule and a translation of the judgment if required by the accused, should be sent to him by the Sessions Judge with the following endorsement, namely : (a) the date of the despatch of the copy or translation of the judgment; and (b) in case of sentence of death ; (i) notice that the appeal must be presented within seven days from the date of sentence (exclusive of that date and of the time which has been spent in supplying him with the copy of the judgment) mentioning the latest dates on which his appeal can be filed; (ii) intimation that, on the expiry of seven days the record will be sent to the High Court, and that the hearing of the reference with a view to confirmation of sentence (under Section 374 of the Code) will take place about one month after despatch of the copy. 40. Record to be sent to High Court soon after period of appeal has expiredWhen the condemned person has taken a copy of the judgment, the record should not be forwarded to the High Court until after the expiration of the total period within which his appeal can be legally filed, i.e., a period of seven days from the date of sentence plus the time spent in supplying the copy. If no appeal has then been filed in the Court of Session, the record should be submitted to

the High Court without any further delay whatever, accompanied by a certificate under the hand of the Sessions Judge that no appeal has been filed, within the prescribed period, notwithstanding the fact of the law having been explained to the accused. Similarly, if no copy of the judgment has been applied for and no appeal filed within seven days after the date of the sentence the record should be submitted to the High Court without any delay whatever. If an appeal has been preferred, it must be sent up to the High Court with the record. 41. The explanation of delay, if any, furnished by the Committing Magistrate and the Sessions Judge under Rule 19 of Part A and Rule 37 of Part B of this Chapter should also be forwarded to the State Government, together with any explanation of delay caused in the High Court. All such explanations should be placed before the Division Bench dealing with the case before submission to Government. 42. Notice to accused and Advocate General on receipt of recordStanding orders have been made in the High Court that immediately on receipt of the record, notice shall issue to the accused in jail informing him that the proceedings will be considered with a view to an order of confirmation being made under Section 374 of the Code of Criminal Procedure [Section 366 of new Code] and the appeal (if any) be heard on a date to be entered in the notice which will ordinarily be the first working Monday after the explanation of a month from the date when the necessary copies and translation of judgment, if any, applied for were despatched to the accused by the Court of Session. Similar notice will also be issued to the Advocate General when an appeal is preferred. Unless records are promptly submitted it will not be possible to carry out the above standing order, and Sessions Judges are accordingly requested to pay strict attention to the instruction here given. 43. Copy of High Court judgment to be sent to Session JudgeAfter the sentence has been confirmed or other order has been made by the High Court, the Registrar will return the record, with a duplicate or an attested copy of the order under the seal of the Court, to the Sessions Judge, who will take the step prescribed by Section 381 of the Code of Criminal Procedure [See Section 413 of new Code] to cause the sentence or order to be carried into effect. 44. Record to be sent to Government when death sentence has been confirmed The record of every case, as prepared for the use of the High Court, in which the sentence of death has been confirmed by the High Court, should as soon as orders have been passed confirming the death sentence, be forwarded to the State Government, together with the Courts order thereon, and the English file of the Sessions Court. 45. Date for execution of death sentenceIn issuing warrants for the execution of sentences of death, Sessions Judges should as directed by Government fix a date for the execution of the sentence that is not less than fourteen or more than twenty-one days from the date of the issue of the warrant. 46. Record to be sent to Government when a woman has been sentenced to imprisonment for life for infanticideUnder the orders of Government, it is directed that in every case in which a sentence of imprisonment, for life is passed on a women for the murder of her infant child, and the sentence is not appealed against, the record of the case shall, after the expiration of

the period allowed for appeal, be forwarded to the High Court for submission to Government, with a view to the consideration of the question whether any commutation or reduction of the sentence should be allowed. 47. (i) All weapons with which injuries are alleged to have been inflicted by the accused, whether the nature of the injuries is in dispute or not, shall be forwarded to the High Court when a case is referred by a Sessions Judge for confirmation of a sentence of death. In order to secure that this will be done, the Sessions Judge shall record a note at the foot of his judgment stating what weapons are to be forwarded to the High Court and he should see that they are forwarded when the records are despatched. (ii) In a case in which a convicted person is called upon to show cause why his sentence should not be enhanced to death similar weapons are required in the High Court, but will not be forwarded to the High Court until the High Court calls for them. (iii) In a case where the sentence of imprisonment for life is awarded for the offence of murder, the Sessions Judge shall forward the weapons of offence to the High Court along with the records of the case, unless there are special reasons for not doing so. In order to secure that this will be done the Sessions Judge shall record a note at the foot of his judgment stating what weapons are to be forwarded to the High Court and he should see that they are forwarded when the records are despatched in pursuance of requisition received from the High Court. 48. (i) All garments of an accused person which are proved to have been stained with human blood and have been made exhibits shall be forwarded along with the record to the High Court when a case is referred by a Sessions Judge for confirmation of a sentence of death. In order to secure that this is done, the Sessions Judge shall record a note at the foot of his judgment stating what garments are to be forwarded to the High Court. (ii) In a case in which is convicted person is called upon to show cause why his sentence should not be enhanced to death similar garments are required in the High Court, but will not be forwarded to the High Court until the High Court calls for them. 49. Exhibited articles, which are not documents and are not referred to in paragraphs 47 and 48 of this Chapter, should not be sent to the High Courts, unless the High Court calls for them, or unless the Sessions Judge considers that a particular exhibit will be required in the High Court, in which case he should record a note at the foot of his judgment that the exhibit should be forwarded to the High Court in the event of an appeal.
Part C]

Part C PROVIDING AN ACCUSED PERSON WITH LEGAL ADVICE BEFORE A SESSIONS COURT IN CERTAIN CASES

1. Committing Magistrate to report whether accused can afford to engage counselIt is considered that every person charged with committing an offence punishable with death should have legal assistance at his trial either in a Court of Sessions or in the High Court. With this object the Magistrate committing any person for trial to a Court of Session or to the High Court

for such an offence shall report whether the accused was represented by counsel in the proceedings before him, and if not, whether the accused can afford to engage one for his trial in the Court of Sessions or the High Court. 2. Counsel for accused to be provided by Sessions JudgeIf the accused is unrepresented and cannot afford to engage counsel, the Sessions Judge shall make arrangements to employ counsel at Government expenses, and he may also appoint counsel, if he thinks fit, even when the Committing Magistrate has considered that the accused has means enough to engage himself. Counsel in such cases should be appointed in time to enable him to study necessary documents which should be supplied free of cost. These documents will ordinarily be copies of (1) the evidence recorded by the Committing Magistrate the charge and the order of commitment. (2) the police record filed in Court excluding the documents which have been supplied to the accused under Section 173 and 207A(3) and excluding the diary maintained under Section 172. 3. Fees of counsel The Legal Practitioner thus engaged by the Court trying the case under Section 302 of the Indian Penal Code shall receive a fee of Rs. 500/- for preparation and first hearing in the murder trial and Rs. 300/- per subsequent effective hearing up to a maximum of Rs. 5,000/- and in other criminal matters the fee shall be Rs. 250/- for preparation and first effective hearing, Rs. 150/- for subsequent effective hearing subject to a maximum of Rs. 2,500/. In special cases, the Sessions Judge/Additional Sessions Judge holding the trial may exercise his discretion to allow a higher fee.
1

4. A list of about 10 or 15 counsel willing to appear for undefended (at State expenses) should be maintained and constantly revised in each district. The Advocates placed on this list should be competent criminal lawyers not merely charity seekers. With a little care and persuasion, good lawyers can be made to agree to have their names placed on the list.

1. Substituted vide Notification No. 139/Rules/DHC dated 16-7-2003 (w.e.f. 16-7-2003).

CHAPTER 25
Ch. 25

Appeal and RevisionCriminal

Part A]

Part A ADMISSION OF PETITIONS

1. Persons competent to lodge petitionA petition of appeal or revision on behalf of a person convicted by a Criminal Court or an application for transfer shall not be admitted by a Criminal Court, unless it is either submitted through the jail authorities, or is presented by the convicted person himself, or by some person authorised by a duly stamped power of attorney to present it on his behalf; and a petition for revision by a complainant shall not be admitted unless it is presented by the complainant or by some person authorised by a duly stamped power of attorney to present it on behalf of the complainant: Appointment or a pleader by a jail prisonerProvided that a person confined to jail shall be allowed to appoint his pleader, whether falling under class (1) or (2) of Section 4(r) of the Code of Criminal Procedure [See Section 2(q) of new Code], by means of a printed form, signed by him, and attested by the Superintendent of the Jail, and that no stamp shall be required on this form.
COMMENTS The definition of term pleader in Section 4(l)(r) CPC is in wide sense. It does not impose any restriction or condition in the case of an advocate, a vakil or an attorney of a High Court who therefore, need not be appointed as such by the accuse. Rule 1 Chapter 25-A of Vol. III High Court Rules, being in the nature of an exception to this general rule, must be restricted in its application to the case to which its terms apply. It does not, therefore, extend to a bail application and an accused is properly represented by an advocate in those proceedings even though he is not appointed as pleader by the accused by a Vakalatnama. Inder Dass v. State, AIR 1951 HP 31.

NoteA specimen of the form is given in the Appendix attached to this part. 2. Authentication of petitions written by Jail officials for prisonersPetitions of appeal and revision, written by Jail officials on behalf of prisoners, shall be authenticated by the Superintendent of the Jail and every such petition received from the Superintendent of Jail shall be examined upon receipt, and if it has not been authenticated by the Superintendent, it shall be returned forthwith for this to be done. 3. Petitions received by postA petition of appeal or for revision received by post otherwise than through Jail or District authorities should, if possible, be returned to the person from whom it was received by post bearing.

4. Pleader engaged by agentWhen an agent has been duly appointed by a convict to file an appeal or revision, a pleader engaged by the letter shall be required to file a power of attorney. 5. Court-fee on appealNo Court-fee shall be charged on appeal preferred on behalf of a prisoner by a pleader or by agent.
APPENDIX Form of declaration by a person confined to Jail appointing a pleader for presenting an appeal or revision on his behalf in a Criminal Court.

In the Court of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appellant Petitioner.

versus

The State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Respondent Charge under Section . . . . . . . . . . . . . . . . . .. Sentence . . . . . . . . . . . . . ..

. . . . . . . . . . . . . . . . . . . . . . . . . .. from the order of . . . . . . . . . . . .. . . . Magistrate, exercising . . . . . . . . . . . . . . . . . . . .. powers at . . . . . . . . . . . . . . . . . I, . . . . . . . . . . . ., son of . . . . . . . . . . . . caste . . . . . . . . . . . . . . . . . . . resident of . . . . . . . . . .. .now a prisoner in the Jail at . . . . . . . . . . . ..hereby authorise . . . . . . . . . . . .to file an appeal in the above case on my behalf and to act, plead and take all other steps in furtherance thereof. Signatures or thumb-impression. . . . . . . . .. . . . . . . . . . . . .of the appellant or petitioner Date . . . . . . . . . .. . . . . . .. Station . . . . . . . . . . . . . . . . . .. . Attestation by the Superintendent of Jail . . . . . . . . . . . . . . . . . . . . . . The above declaration has been made by . . . . . . . . . . . . . . . . . . . . prisoner No . . . . . . . . . . . . . . . . . ., at present confined in the . . . . . . . .. Jail which is under my charge as Superintendent. The

contents of the declaration have been read over to the prisoners who admits them to be correct. Let this be given to his pleader for necessary action. Signatures . . . . . . . . . . . Designation . . . . . . . . . . Date . . . . . . . . . . . . . Station . . . . . . . . . . . .
Part B THE SUBMISSION OF RECORDS TO THE HIGH COURT FOR PURPOSES OF REVISION
Part B]

1. Information to be sent along with recordCases submitted to the High Court for revision of sentence, under Section 438 of the Code of Criminal Procedure, shall be accompanied by the records and by a statement of the case in English, giving (i) a brief abstract of the case ; (ii) the sentence or order of the lower Court, and the name of, and powers exercised by, the Magistrate passing it; (iii) the particular portion of the sentence or order in which an error on a point of law is believed to exist; (iv) the grounds upon which the order of the lower Court should be reversed or modified. It should also be noted how much of the sentence the accused has undergone; and, if he has been sentenced to fine whether the fine has been realised. NoteIn cases tried summarily by a Magistrate or a Bench of Magistrates and in which there are no records except entries in the Register of Summary Trials (Criminal Register No. XVII), certified copies of the relevant entries in the Register should be submitted with the reference instead of the Register. 2. Cases wherein sentence requires alterationA distinction should be drawn between cases in which the sentence or order is required to be altered, and cases in which irregularities of procedure have occurred which do not necessitate any alteration of the sentence or order. The former must in all cases be submitted to the High Court, because no other Court is competent to alter a sentence or order otherwise than on appeal. In the latter class of cases it is discretional with the Sessions Judge or District Magistrate to refer the proceedings to the High Court for orders.

3. Cases of irregularity of procedureIt is not every irregularity of procedure that requires to be reported to the High Court for a formal order on the revision side. Where a similar irregularity has been reported before and disposed of by an order of the High Court, or where the irregularity is trifling and the accused has not been prejudiced, or where there has been no failure of justice on account of the irregularity, the Sessions Judge or District Magistrate is authorized to point the irregularity to the Court concerned in order to prevent its recurrence, and need only forward the proceedings to the High Court, if there are any special grounds for so doing. 4. Prescribed for reportCases should be reported for revision in the prescribed form on paper of durable quality. The form is no longer printed but the prescribed headings should invariably be filled in on a typewriter. 5. Revision petitions by prisoners in jailAll petitions for revision presented to Sessions Judges and District Magistrates by prisoners in Jail, through the Jail authorities, should be forwarded to the High Court for disposal. In no other case should petitions for revision be submitted to the High Court unless a prima facie case for the Courts interference is made out, in which case the records should be submitted and the case reported for revisions in the manner prescribed by these rules.
Part C]

Part C PROCEDURE IN HEARING CRIMINAL APPEALS

1. IntroductoryThe attention of all Criminal Appellate Courts subordinate to the High Court is invited to the procedure laid down in Sections 421 to 423 of the Code of Criminal Procedure. 2. Summary disposal. Appellant to be heardIf, on a perusal of a petition of appeal and the copy of the judgment or order appealed against, and after hearing the appellant or his counsel, or authorised agent, if he appears, the Appellate Court considers that there is no sufficient ground for questioning the correctness of the decision or interfering with the sentence or order appealed against, it may reject the appeal summarily. In acting under Section 421 of the Code of Criminal Procedure, the Court may, and when the records are readily forthcoming ordinarily should, call for and examine the proceedings of the lower Court, but is not bound to do so. When a petition of appeal is presented by the appellant in person or by his counsel or duly authorised agent, the Court should, of course, intimate to such person the day on which it will be prepared to hear him, if the appeal is not brought forward for hearing on the day on which it is presented or if the hearing is adjourned. 3. Notice of date of hearingIf the Appellate Court decides to hear the appeal, notice of the day fixed for hearing should be given to the appellant or his pleader and notice must also be given to such officer as the State Government may appoint in this behalf. The attention of Sessions Judges and District Magistrates is invited to the notifications published in Part C appointing the District Magistrate and in certain cases the Advocate General to be the officers to receive, on behalf of the State, notice of the time and place fixed for the hearing of appeals admitted to a hearing under Section 422 of the Code of Criminal Procedure [See Section 385 of new Code]. Attention is also invited to notifications in the same part directing notice of the hearing of certain appeals to be given to the head Railway Administration and the Postmaster

General, Punjab. The notice of the appellant or his pleader need not be a formal notice in writing, if either of them is present in person when the day of hearing is fixed. It will be seen from Section 4(r) of the Code [See Section 2(q) of new Code] that the term Pleader includes (1) an Advocate, a Vakil or an Attorney of a High Court, and (2) any Mukhtar or other person appointed, with the permission of the Court, to act on behalf of the appellant. 4. The order fixing the date should state under what section the hearing isIn every case in which a day is fixed for the hearing of an appeal, the order fixing the date should distinctly state whether or not the hearing is to be under Section 423 of the Code [See Sections 385(2) and 386 of new Code]. It is understood that information on this point is not always given, and the consequence is that in appeals disposed of by subordinate Courts it is often very difficult to distinguish between appeals rejected under Section 421 [Section 384 of new Code] and appeals in which the sentence is confirmed after hearing under Section 423 [Section 385 of new Code]. 5. Appeal should not be dismissed in defaultSessions Judges sometimes dismiss criminal appeals in default. Their attention is drawn to the rulings reported under Criminal Judgments No. 21 of the Punjab Record of 1895 and No. 11 of the Punjab Record of 1905. These lay down that a criminal appeal must be disposed of on its merits and can not be dismissed in default. 6. If appeal cannot be rejected summarily it should be admitted to hearingThe practice which prevails in some Courts of continuing to proceed under Section 412 [Section 384 of new Code], even in cases in which it is found necessary to direct a further inquiry under Section 428 [See Section 391 of new Code], is irregular. If it appears that an appeal cannot be properly rejected on the record as it stands, it should be admitted to a hearing under Section 422 [See Section 385 of new Code]. 7. Contents of JudgmentThe attention of Subordinate Appellate Courts is drawn to the judgments reported as 31 Punjab Record 1884 (Cr) and Indian Laws Reports, II Lahore 308. According to Sections 367 and 424 of the Code of Criminal Procedure [See Sections 354 and 387 of new Code] the judgments of an Appellate Court should contain the points for determination, the decision thereon and the grounds for that decision. It is not necessary that the Courts should in every case record their decision upon each point raised in the appeal, however, petty. It is quite sufficient in many cases to note that no other point raised by the appellant appears to have any force. 8. Cases for enhancement of sentences to be reported to High CourtIt is desirable to point out that though Appellate Courts cannot enhance sentence themselves. Sessions Judges and District Magistrates have the power under Section 438 to refer inadequate sentences to the High Court for enhancement. When a sentence comes before a subordinate Court on appeal which is manifestly inadequate the Judge should, if a Sessions Judge or an Additional Sessions Judge report the case for revision and if an Assistant Sessions Judge bring the case to the notice of the Sessions Judge, with a view to its being reported. 9. RemandWhenever a criminal appeal is sent back for further inquiry under Section 428 of the Code of Criminal Procedure [See Section 391 of new Code] the Appellate Court should invariably fix a date for re-hearing the case, taking care that the date so fixed is in each instance

sufficiently remote to allow of a return being made to the order of remand, and that the case is duly entered under such date in the appropriate register.
Part D]

Part D NOTICE OF APPEAL

The following notification under Section 422 of the Code of Criminal Procedure [See Section 385(1) of new Code], prescribing the officer or authority to whom is to be given to an appeal which is not summarily rejected, is printed for information and guidance.
I. Punjab Government, Home/Judicial Notification No. 4717-J- (C)/, 56/52148, dated the 25th June, 1956.

In supersession of all notifications issued in this behalf and in pursuance of the provisions of Section 422 of the Code of Criminal Procedure, 1898, the Governor of Punjab is pleased to appoint the following persons or authorities to whom-notice of appeal shall be given if the appellate Court does not dismiss the appeal summarily : (a) in an appeal preferred by a railway employee in a case in which he has been convicted of an offence in his capacity as a railway employee, to the administrative head of the railway administration concerned as well as to the District Magistrate concerned; (b) in an appeal preferred by a postal employee in a case in which he has been convicted of an offence committed in his capacity as a postal employee to the Post Master General concerned as well as to the District Magistrate concerned ; (c) in an appeal which lies to the High Court, to the Advocate General, Punjab, in all cases in which the sentence is one of death, imprisonment for life or imprisonment for a term exceeding four years as well as to the District Magistrate concerned; and (d) in all other cases to the District Magistrate concerned.
Part E]

PART E APPEALS FROM ORDERS OF ACQUITTAL

1. Appeals to be filed in certain casesSessions Judges and District Magistrates should bear in mind the following order to the State Government regarding appeals against acquittals under Section 417 of the Criminal Procedure Code [See Section 378 of new Code]. The State Government will not direct an appeal (1) Where the case is trifling in itself and the acquittal involves no erroneous principles of law, the correction of which is of public importance;

(2) Where, however serious or otherwise important the case, the legal guilt of the accused is fairly questionable or the evidence admits of any reasonable doubt, and the Court has considered and weighed it with impartiality intelligence and care; (3) merely on account of the production of fresh evidence after the acquittal; (4) where there is no distinct probability that the appeal will result in an order of re-trial. 2. Travelling expenses for the accusedIn cases where it is decided that an appeal ought to be filed, the Central Government consider that the accused should have legal assistance at his trial and this end in view, the Judge are pleased to direct that the District Magistrate, on receipt of a notice for service upon the person acquitted to show cause why he should not be convicted, shall, if he is satisfied that the accused is unable because of poverty to proceed to the High Court, provide him with sufficient funds to enable him to do so and, in the event of the apprehension of the person concerned and his custody in a lock-up, arrange that the accused be conveyed to the High Court, for the purpose of attending the hearing of the appeal against his acquittal. 3. Legal assistance to the accusedWith the same object in view, namely, to give every reasonable protection to the defence, a reasonable fee to enable him to engage counsel, if such is his intention, shall be paid by the Government to the accused in all such cases, whatever may be that result of the appeal and whether he is or is not in attendance when the appeal is heard. He would be at liberty to supplement this himself in order to obtain counsel of superior, caliber, should he so desire. The payment of the fee herein referred to shall be arranged and paid by the District Magistrate concerned in consultation with the Legal Remembrancer to Government, Punjab, in the form of a letter of credit which the accused persons counsel can cash after actual appearance in the High Court. 4. Legal assistance in cases of enhancement of sentenceIn the case of an application for enhancement of sentence made by the State Government the same procedure should be followed in the matter of provision of counsel for the accused as a prescribed in paragraph 3 above. 5. High Court cannot alter conviction from Section 304 to 302 I.P. Code unless there is an appeal under Section 417, Cr P.C.In this connection it should be noted that the Privy Council has held that when a person is tried for an offence under Section 302, Indian Penal Code, but is convicted under Section 304 Indian Penal Code, and sentenced to a term of imprisonment, the Sessions Judges order amounts to an acquittal under Section 302. On application to a High Court for revision of sentence, the High Court has no jurisdiction in view of the provisions contained in clause (4) of Section 439, Criminal Procedure Code [Section 401 of new Code], to the conviction to one under Section 302 and sentence the accused to death. In such cases an appeal under Section 417 of the Code [Section 378 of new Code] is required to give the High Court jurisdiction, if it is desired to alter the conviction, (Indian Law Reports, Allahabad, Volume 50, page 722).
COMMENTS The appellant was tried by a Sessions Judge on a charge of murder under Section 302 of the Indian Penal Code. He was convicted under section 304 of culpable homicide not amounting to murder, there being power by section 238 (2) of the Code of Criminal Procedure so to convict him upon the charge under section 302; he was sentenced to five years rigorous imprisonment. No

acquittal of the charge under section 302 was recorded. The Local Government did not appeal, but applied for revision on the grounds that the appellant should have been convicted of murder, and that the sentence was inadequate. The High Court thereupon convicted the appellant of murder and sentenced him to death. Held that the finding at the trial was to be regarded as an acquittal on the charge of murder, and that consequently section 439 (4) of the Code of Criminal procedure precluded the High Court from having jurisdiction upon revision to convict on that charge; that though upon an appeal by the Local Government the High Court would have had before it the same materials, yet, the order having been made without jurisdiction, an injustice had been done to the appellant, bringing the case within the restricted jurisdiction exercised by the Judicial Committee in criminal matters; that the case should not be remitted to the High Court to consider whether the sentence on the conviction under section 304 should be enhanced, but that the order of that Court should be set aside and the order of the Sessions Judge restored. Kishan Singh vs. The King-Emperor, (1928) I.L.R. L All. 722 (P.C.) (Emperor vs. Sheo Darshan Singh, (1922) I.L.R. 44 All. 832, and Emperor vs. Shivputraya, (1924) I.L.R. 48 Bom. 510, approved.)

6. Requisition for records for securing scrutiny when appeal for acquittal is contemplatedFor securing the original records of trial Court for scrutiny in cases where an appeal against an acquittal, etc., is under contemplation the following procedure should be observed : (a) Where there has been a complete acquittal by the Sessions Court of all the accused in a case, the Sessions Judge should, on a certificate furnished by the District Magistrate that an appeal from acquittal is in contemplation, hand over to the District Magistrate the sessions record of the case and such other connected papers in the custody of the Sessions Court as the District Magistrate may require. (b) In cases where some of the accused have been convicted and others acquitted by the Sessions Court and no appeals against convictions are pending the procedure laid down in (a) above should be followed, but where appeals from convictions are pending, the records should, on receipt of a certificate from the District Magistrate that an appeal from an acquittal is in contemplation, be forwarded to the High Court. (c) When sending records to District Magistrate, Sessions Judges should see that the Sessions records of the case are complete in all respects and include the Committing Magistrates records and Police papers if they are in the possession of the Sessions Court. 7. Complainants appealSection 417 of the Code has been substituted by Act No. 26 of 1955. Now where an order of acquittal is passed in a case instituted upon complaint, the complainant can file an appeal from the order to the High Court if he has been granted special leave to appeal on an application made under Section 417(3) [See Section 378 of new Code]. After the High Court has refused such an application the State Government would be debarred from filing an appeal from the order of acquittal.
Part F]

Part F APPEALS IN SECURITY CASES

1. Appellate Court in appeals on security casesThe proviso to Section 406 of the Code of Criminal Procedure under which the State Government was authorised to direct that appeals from orders passed by Magistrates under Section 118 [See Section 373 of new Code] shall lie to the District Magistrates and not to the Court of Sessions has been omitted by Act No. 26 of 1955.

Part G]

Part G SUPPLY OF COPIES TO APPELLANTS AND APPLICANTS FOR REVISION, AND TRANSMISSION OF APPEALS AND APPLICATIONS OF PRISONERS TO APPELLATE AND REVISIONAL COURTS

1. IntroductoryThe particulars attention of Sessions Judges and District Magistrates is invited to the following directions relating to the supply of copies to appellant and applicants for revision, and for the transmission of appeals and applications of prisoners to the Court to which they are addressed. Superintendent of jails have been supplied with these directions to guide them in dealing with applications for copies made by prisoners under their custody. 2. Appeal to be accompanied by copy of judgment or order. Free supply of copy in certain casesSection 419 of the Code of Criminal Procedure requires very petition of appeal presented to a Criminal Court to be accompanied (unless the Court to which it is presented otherwise directs) by a copy of the Judgment or order appealed against, or in cases tried by jury by a copy of the heads of the charge recorded or a copy of the charge taken down in shorthand under Section 367 of the Code [Section 354 of new Code]. This copy (or a translation of the judgment where the accused desires to have a translation), when the appellant has been convicted in any case other than a summons-case and a copy of the finding and sentence when the accused has been sentenced to imprisonment, must under the provisions of Section 371 of the Code [See Section 363 of new Code], be given free of cost. 3. Application for revision to be accompanied by copy of judgment. Free supply of copy to accusedSimilarly, applications for revision will not be received in the High Court unless accompanied by copies of the judgment or judgments impeached, unless the Court otherwise directs under Section 419, Criminal Procedure Code. If it is intended that the High Court should give such directions, it should be stated clearly why the person convicted is unable to furnish the copy. When the applicant has been convicted in any case other than a summons case, he is entitled to get, free of charge, a copy of translation of the judgment of the Court which convicted him and if he has been sentenced to imprisonment, also of the finding and sentence. If he has appealed, he is entitled, in view of Section 424 of the Code [See Section 387 of new Code], to get free of cost, all these copies or if so desired a translation of the judgment of the Appellate Court also. This does not however entitle him to get copies of the judgment, finding or sentence of the trial Court a second time. No application/or revision to be detained for more than a week for copyNo application for revision is to be detained for more than a week for the purpose of granting a copy of the judgment impeached. If a copy cannot be given within the time, the application must be forwarded to the High Court without a copy of the judgment, with an explanation of the cause of not granting copy, for orders. Immediate supply of copies when sentence of imprisonment is pronounced just before holiday Applications for copies made by a person sentenced, to imprisonment, on a working day preceding a holiday, should be treated as urgent. Such copies should be supplied on the same day as far as possible, and if that is not found practicable at least on the next day.

4. Free supply of copies to jail prisoners in summons casesThe High Court has decided that notwithstanding anything contained in paragraphs 2 and 3, when the accused is in jail, a copy of the judgment or order in a summons case may be supplied free of cost if he or his agent requires it for purposes of filing an appeal or petition for revision and not otherwise, provided that a second copy of the judgment or order of the original Court shall not be supplied free of cost for purposes of revision if he has already obtained one for the purposes of filing an appeal. 5. Appeal by jail prisoner to be sent through District MagistratePetitions of appeal preferred by prisoners through the Superintendent of the Jail should be sent to be District Magistrate to be forward to the Appellate Court with the records of the case. 6. Proper channel for sending records to High CourtWhen the appeal lies to the High Court, the District Magistrate should, if the appeal is from a sentence passed by himself in exercise of the powers conferred under Section 30 of the Code of Criminal Procedure, transmit the petition of appeal, copy of judgment and District Magistrates records (which should always include the Police papers connected with the case), with a copy of the order if any, passed by the Sessions Judge, under Section 380 of the Code, direct to the High Court. In other cases the petition of appeal, copy of judgment, District Magistrates records (including the Police papers, as above provided) should be forwarded to the Sessions Judge in order, that the record of the Sessions Court may be transmitted therewith. 7. Typewritten copies of record and judgment to be sent to High CourtWhenever the appeal of a person, convicted by a Court of Sessions is forwarded to the High Court, particular care should be taken to see that the petition of appeal is accompanied by a typewritten copy, in English, of the whole proceedings of the Sessions trial. When the sentence is one of death or imprisonment for life, two typewritten copies of the record should be sent. 8. Extra copies to be prepared in advance by stenographersSo far as possible, stenographers in trying from dictation evidence and judgments in all classes of cases should prepare by duplication all extra copies likely to be required for this purpose, as well as for supplying the accused or any other person requiring a free copy. This should avoid the preparation of fresh copies by the Copy Clerk. Similarly these copies should be duplicated when they are likely to be required by any subordinate Court. 9. Despatch of records in revision applications by jail prisonersApplications for revision sent to the District Magistrate by the Superintendent of the Jail should be forwarded to the High Court unaccompanied by records, unless the District Magistrate sees fit to report the case for revision, in which case he must follow the procedure laid down in Chapter 25-B of this Volume. 10. Applications under Section 548, Criminal Procedure CodeWhenever an application is made under the provisions of Section 548 of the Code of Criminal Procedure, in a case in which the records are before the High Court, by a prisoner in Jail, and such application is submitted through the Jail authorities with the prisoners grounds of appeal, the petition of appeal should be forwarded at the same time.

11. Court-fees on copies supplied to accused and prisonersAttention may here be drawn to Punjab Government Notification No. 10495, dated 27th March, 1922, by which the Court-fees on copies of certain documents furnished to accused persons and prisoners by Criminal Court have been remitted.
Part H]

Part H TRANSMISSION OF APPELLATE COURTS ORDERS TO LOWER COURTS

Rules referring transmission of Appellate Courts order to Lower CourtsThe following rules should be observed in regard to the transmission of Appellate Courts orders to Lower Courts.
Rules

1. The Sessions Judge will send copies of all his judgment on appeal to the District Magistrate. 2. The District Magistrate will transmit the copies to the original Court for information and return direct to the Record-Keeper, to whom the original records will be sent at once. 3. Appellate Courts will attach to the original record the following form: Date Copy of judgment despatched by District Magistrate Copy of judgment desptached by Additional District Magistrate Copy of judgment received by Record-Keeper Translation is/is not attached). (It will be simpler to have only one form). 4. (a) The Record-Keeper will maintain a running list prepared from the above form of all cases in which copies of judgments have been sent out. When the copies of judgments are returned to him by the Original Courts, he will add them to the records, fill in the date of receipt, and strike those cases off his running list. (b) If copies are not returned within 10 days of despatch, he will issue a reminder (which should be on a printed form), and if that is ineffective, report the matter to the despatching Court. (c) The running list will be in the following form :
Name of case Date of despatch Date of reminder, if any

(d) The reminder will be in the following printed form : To the Court of . . . . . . . . . . . . A copy of the judgment of. . . . . . . . . . . . was despatched to you by the . . . . . . . . . . . . on . . . . . . . . . . . . and has not yet been received by the Record-Keeper. Please return at once. Date. . . . . . . . . . . . Record-Keeper 5. Officers presiding over subordinate Courts held at District Headquarters, if in any particular case they desire to see their original record, will be allowed to call for it provided that it must not leave their Court room. 6. (a) Translations of judgments will be sent if any non-English knowing officer asks for them. If they are sent, they will be attached to the English copies, and the same procedure will be followed. (b) Appellate Courts will maintain lists of officers of subordinate Courts requiring translations so that translations may be made as a matter of course for the presiding officers of those Courts. (c) If a translation is attached, the fact will be noted on the form described in Rule 4 above.

CHAPTER 26
Ch. 26

Transfer of Cases
Part A]

Part A GENERAL

1. Power of High Court re-transfer of casesUnder Section 526, Criminal Procedure Code [See Section 407 of new Code], the High Court has power to transfer any case from one Court, subordinate to it to another on any of the grounds specified therein. This power of transfer extends to all classes of cases. In view of the amendments made in Sections 526 and 528 of the Code [See Sections 408-412 of new Code] by Act No. 26 of 1955 no application shall now lie to the High Court for the transfer of a case from one Court to another Court in the same Sessions division unless an application for such transfer has been made to the Sessions Judge and has been rejected by him. 2. Power of transfer of Sessions Judge and District MagistrateUnder Section 528(2) of the Code [Sections 410(1) and 411(b) of new Code], a District Magistrate also has general power to withdraw any case from any subordinate Magistrate and either try it himself or refer it for trial to another subordinate Magistrate. The new sub-section (1C) enables any Sessions Judge to transfer a case from one Criminal Court to another Criminal Court in the same Sessions division when an application has been made to him in this behalf and when he is of the opinion that it is expedient for the ends of justice to do so. It may be noticed that in sub-section (1C) the words used is Court and in sub-section (2) the word used is Magistrate. 3. Section 528(5) of the Code [See Section 412 of new Code] requires that a Magistrate making an order under the section shall record in writing his reasons for making the same. This applies to all cases whether the order of transfer is made as a result of application or on the Magistrates own motion or on administrative grounds. NoteIn districts in which the experiment of separation of the Judiciary from the Executive is being tried, the work of transfer of cases from one Judicial Court to another is to be performed by the Additional District Magistrate. (Punjab Government Letter No. 9062-G (C)-54/35339, dated the 8th December 1954). 4. Cases triable in more than one district Forum to be determined with regard to public convenienceThe necessity for transfer of a case may arise purely on grounds of jurisdiction or in the ends of justice. As regards the former, Sections 179 to 183 of the Code should be consulted when a case is to be instituted in Court. In carrying out the provisions of these

sections, cases which are triable in more than one district should not be transferred unnecessarily from one district to another. A Magistrate or Court should act under these sections solely with reference to the public convenience. Ordinarily, the proper district for the enquiry into, and trial of, offences falling under those section would be the district in which the witnesses could, with the least inconvenience, attend. 5. Procedure when a Magistrate thinks the case should be tried in another districtIf a Magistrate is of opinion that it would be more convenient if an enquiry or trial were held in another district he should at once address the District Magistrate. If the District Magistrate considers the transfer of the case to another district desirable, he will forward the paper to the District Magistrate of the latter district. If the District Magistrate so addressed concurs; the case should be transferred to that district accordingly. If he dissents, the Magistrate should either proceed with the enquiry, or refer the question to the High Court, which will, under the provisions of Section 185 of the Code of Criminal Procedure [See Section 186 of new Code], decide in what district the enquiry or trial should be held. 6. Reasons to be given for proposal to transferWhen a transfer is proposed by any Magistrate his proposal should always be accompanied by a short statement of the case and of the reasons for making the proposal. 7. Common grounds on which applications for transfer are madeApplications for transfer of criminal cases are frequently made by accused persons on the allegation that such transfer is necessary in the interest of justice. The most common grounds on which such applications for transfer are made are (a) that the Judge or Magistrate is personally interested in the case, or (b) that he is connected with one or the other party to the case by relationship, friendship, etc., and is therefore, likely to be partial, or (c) that he has already formed or expressed an opinion on the subject matter of the enquiry or trial, or (d) that he has conducted himself in such a manner that no fair or impartial enquiry or trial can be expected from him. 8. Remarks on those grounds. Cases of local bodies with which Magistrate is connected As regards (a), the provisions of Section 556 of the Code [See Section 479 of new Code] which prohibit a Judge or Magistrate from trying certain cases without the permission of the Appellate Court should be carefully borne in mind. The section is founded on the maxim that no man can be judge of his own cause or give judgment concerning his own rights. The general rule as to disqualification is, that a person who, by reason of his interest, pecuniary or personal, is likely to have a bias in the matter of the prosecution, ought not to sit as a judge in the case. The interest, however, must be a substantial interest giving rise to a real bias, and not merely to the possibility of a bias. The question frequently arises as to whether the connection of a Magistrate with a local body disqualifies him from trying a case to which that body is a party. This must be decided on the facts of each case. The mere fact, for instance, that a Magistrate is a member of a Municipal Committee does not necessarily, and of itself, disqualify him from trying cases in which a breach of a bye-law is charged. Still, there may be circumstances connected with the Magistrate being also a Municipal Commissioner, which may disqualify him from acting as judge in a case arising under a bye-law. Where such circumstances exit, it is desirable that the Magistrate should obtain from exercising jurisdiction, and steps should be taken to have the case transferred to a

Magistrate whose qualification is unquestionable. The following are further illustrations of the rule. The fact of a Magistrate having joined in the passing of a bye-law or of a resolution, which in general terms proposes to give effect to the provisions of a bye-law, would not of itself ordinarily disqualify him from trying cases instituted under the bye-law of resolution, as there would be no reason to suppose that the Magistrate had any real bias in the matter. Where, however, a resolution of the nature described above is to be resisted on the ground that the Committee had no power to pass such a resolution, the case would at once become different. In this case the Magistrate would, if he tried the case have, to decide judicially a matter which he had already prejudged as a member of the Committee, and hence would, to a certain extent, be a judge in his own cause, and, as such disqualified. So, also, a Magistrate who has taken part in Municipal proceedings affecting the rights of an individual, or directing the institution of a prosecution or set of prosecutions, might be supposed to have a personal interest in the matter such as would be likely to bias his judgment, and render it improper for him to act as Judge. 9. Connection of the Magistrate with a partyIn cases where the Judge or Magistrate happens to be connected with one or the other party by relationship, friendship, etc., it is advisable for him to move the proper authority at once to transfer the case to some other Court; for however straight forward and impartial he may be, there is always the danger of his actions being regarded with suspicion and misinterpreted. An immediate transfer of the case would avoid the possibility of an application for transfer being made at a later stage and consequent delay in the disposal of the case. 10. Cases in which Magistrate has already expressed his opinionThe same course would be advisable in cases in which the Judge or Magistrate has already formed and expressed a definite opinion on the material issues requiring decisions, against the accused concerned. 11. Cases wherein a party apprehends that he will not have a fair trialAs regards the last category, the Presiding Officers of Courts should carefully bear in mind that it is their duty not only to be thoroughly impartial, but to conduct themselves in such a manner as not to give rise to any reasonable apprehension in the mind of an accused person that he will not have a fair and impartial enquiry or trial. In dealing with an application for transfer the Court has to consider not merely the question whether there has been any real bias in the mind of the presiding Judge against the applicant. But also the further question whether incidents may not have happened which, though they may be susceptible of explanation and may have happened without there being any real bias in the mind of the Judge, are nevertheless such as are calculated to create in the mind of the applicant a justifiable apprehension that he would not have an impartial trial. As observed by Lush J. in Serjeant v. Dale [(1877) 2 Q. B.D. 558] the law has regard, not so much perhaps to the motives which might be supposed to bias the Judge, as to the susceptibilities of the litigant parties. One important object, at all events, is to clear away everything which might engender suspicion and distrust, of the tribunal, are so to promote the feeling of confidence in the administration of justice which is essential to social order and security. (vide I.L.R. 3 Lah. 443 and I.L.R. 6 Lah. 396).
COMMENTS It is of paramount importance that persons arraigned before the Courts should have confidence in the impartiality of those Courts, and if a person has a reasonable cause to apprehend that the Court before whom he is being tried is not completely free from bias a transfer should be directed. Sardari Lal vs. The Crown, (1922) I.L.R. Lah. 443. (See also Bans Gopal vs. Emperor, (1914) 24

Indian Cases 951, Kali Charan vs. Emperor, (1906) I.L.R. 33 Cal. 1183, Machal vs. Martu, (1913) 22 Indian Cases 980, Emperor vs. Abdul Latif, (1904) I.L.R. 26 All. 536, Srilal Chamaria vs. Emperor, (1918) 45 Indian Cases 680, and Rang Bahadur Singh vs. Kariman, (1921) Cr. L. J. 708.) In dealing with an application for transfer the Court considers not merely whether there has been any real bias in the mind of the presiding Judge against the applicant, but whether incidents may not have happened which, though they may be susceptible of explanation, are nevertheless such as are calculated to create in the mind of the applicant a justifiable apprehension that he would not have an impartial trial. Amar Singh vs. Sadhu Singh, (1925) I.L.R. VI Lah. 396.

12. Adjournment when a party wants to apply for transfer of a caseThe procedure to be followed when notice is given by any party of his intention to apply for the transfer of a case is laid down in sub-section (8) of Section 526 of the Code and should be strictly followed. In view of the amendments made by Act No. 25 of 1955 it is obligatory for the Court to adjourn the case so as to give the party a reasonable time to apply under Section 526 or under Section 528 of the Code for the transfer of the case. An adjournment is not necessary where a second or subsequent notice is given by the same party of his intention to make an application to the same Court or where an adjournment and a subsequent notice is given by any other accused. Notwithstanding what has been said above, a Judge presiding in a Court of Sessions may refuse to adjourn the case if he is of the opinion that the party has had a reasonable opportunity of making an application and has failed without sufficient cause to take advantage of that opportunity [Section 526(9)]. Ordinarily a period of about 15 days is a reasonable time to allow for the making of an application. When the Court is satisfied that the application has been made and is pending, it must adjourn the case until orders or intimation is received from the Court to which the application has been made. Attention is invited to I.L.R. 1943 Lah. 331. The Court should ordinarily insist on the bond without sureties referred to in Section 526(8) of the Code. If the conditions of such bond are not fulfilled, it should be forfeited, unless good cause is shown.
COMMENTS An order staying further proceedings in the lower Court on the application for transfer under Section 526, Criminal Procedure Code, can only be deemed to take effect when it is communicated to the lower Court concerned and is not operative immediately it is made by the High Court so as to render null and void any proceedings taken between its making and its communication to the lower Court. Mahmood Hussain vs. The Crown, (1943) I.L.R. XXIV Lah. 33.

13. Affidavit Notice to opposite party. Check on frivolous applicationsApplications for transfer whether to the District Magistrate or the Sessions Judge or the High Court should always be supported by affidavits in support of the grounds of transfer. Except under the circumstances mentioned in Section 526 (9) [See Section 40 of new Code] it would now be obligatory to stay proceedings and adjourn the hearing for the purpose of enabling a party to make an application for the transfer of a case, whether it lies to the High Court under Section 528 [See Sections 408412 of new Code]. Notice to the opposite party is not obligatory under Section 528 but is advisable except when the application appears on the face of it to be frivolous and is summarily rejected. District Magistrates and Sessions Judges should carefully inquire into the grounds on which the application is based and deal with the same seriatum in their order. This will serve as a check on frivolous applications for transfer which are at times made merely to delay the case and defeat the ends of justice.

14. Only one adjournment claimed for making transfer applicationsAttention is drawn to the changes made by the Code of Criminal Procedure (Amendment) Acts, XXI of 1932 and No. 26 of 1955 in Section 526 of the Code. The main object of the changes is to put a check on the abuse of power by the accused by repeatedly notifying his intention to apply for transfer. Under the amended law only one compulsory adjournment for an application to the same Court has been provided. The Court is not bound to adjourn on subsequent intimation by the same party for an application intended to be made to the same Court or even on the first intimation by an accused, when one of the several accused has already obtained an adjournment. Sub-section (10) provides for an adjournment during appeal. The Court can call upon the party intimating its intention to apply for transfer to execute a bond that he will make the application within the time fixed by the Court. 15. De novo trial not necessary after the case is transferredWhen a case is transferred from one Court to another the provisions of Section 350 of the Code [See Section 326 of new Code], as recently amended shall apply and a de novo trial would not be necessary. The Court may however permit such further examination, cross-examination or re-examination of witness(es) whose evidence has already been recorded, as may in its opinion be necessary in the interests of justice and the Court may resummon such witness(es) for the purpose. 16. Sessions Judge may transfer a case to his Additional Sessions JudgeA Sessions Judge may, with due regard to convenience, transfer a case under Section 526 of the Code of Criminal Procedure to a Judge in another district when that Judge is acting as an ex-officio additional Sessions Judge of the district from which the case is to be transferred. In such cases no reference to High Court is necessary except when any difficulty is experienced in making transfers.
Part B]

Part B RECORDS IN TRANSFER CASES

1. Separate record for transfer casesApplications for transfer of criminal cases and the proceedings therein should form files separate from the record of the main case sought to be transferred and the records of such transfer applications should be separately consigned to the Recent Room. The original order on the transfer application should be kept on the record of the transfer proceedings and a copy of this order should be sent to the Court concerned. 2. RegisterSuch applications should be entered in the Register of Applications for transfer of Criminal Cases (Criminal Register No XX) and not in the Register of Miscellaneous Applications. 3. Transfers on administrative grounds. No record necessaryCases transferred by a Court of its own motion or on administrative grounds should not be entered in any register and it is unnecessary to keep any statement of cases so transferred. It is not necessary in such cases to make any separate record of the transfer proceedings and the original order of transfer, instead of a copy, may be sent to the Court concerned.

CHAPTER 27
Ch. 27]

Judicial Lock-ups
1. IntroductoryThe annexed consolidated and amended rules and instructions, regulating the management of, and control over, Judicial Lock-ups, are issued by the High Court, with the concurrence of the Inspector-General of Prisons and the approval of the State Government, in supersession of previous orders on the subject.
General Remarks

1. The essential difference between a Judicial and a Police Lock-up is

(i) that in a Judicial Lock-up no prisoner can be kept without the written order of a Judicial officer to the Jailor or other officer incharge, stating the offence for which he is detained and whether bail is allowed or not, nor can a prisoner be removed without such written order; (ii) that in a Police Lock-up no prisoner can be detained longer than twenty-four hours, exclusive of the period necessary for journey from the place of arrest to the Magistrates Court without the special order of a Magistrate. 2. Persons to be kept in Judicial Lock-upJudicial Lock-ups contain (i) persons under trial before Magistrates, including persons remanded at the request of the Police as well as persons in cases remanded to the Police; (ii) persons under trial before the Sessions Judge; and (iii) in certain districts, prisoners under sentence for short terms who are detained in Lock-ups for the whole period of their sentence, and prisoners under sentence for long terms, who are similarly detained until opportunity offers for their transfer to the nearest jail. 3. When other lock-ups are to be treated Judicial lock-upsEvery Lock-up which is used for purposes other than that for which the Police are entitled to use a Lock-up [as explained above in clause (ii) of paragraph (1)] must ipso facto be regarded and treated as Judicial Lock-up. In several districts the Judicial Lock-up at the headquarters of the District is located in the Jail and is managed by the Jail authorities. In some districts the Lock-ups at headquarters of the Tahsil are located in the local Police Station, and are used for confining persons in temporary Police

custody as well as those in Magisterial custody. In all such cases the Lock-up exist in such districts. The Lock-up or one of the Lock-ups is to be regarded and treated as a Judicial Lock-up. The mere fact that in several districts no special establishments have been sanctioned for Judicial Lock-ups does not show that no such lock-ups exist in such districts. The Lock-up or one of the lock-ups at the headquarters of every District and Tahsil must necessary be a Judicial Lock-up. District Magistrates are required by the rules [Rule XVI, clause (iii)] to assign proper places for Judicial Lock-ups and their guards at all Court houses, and should see that this rule is at once complied with in regard to the Courts at the headquarters of the District and at each Tahsil. 4. Management of Police Lock-ups and their use as Judicial lockupsPurely Police Lockups are under the exclusive control of the Police Department. Police officers are strictly responsible for any infringement of the law in regard to them, and the Magistrate is found, of his own motion, to take cognizance of such infringement. Where a Police Lock-up comes to be used as a Judicial Lock-up the District Magistrate immediately becomes responsible for the enforcement therein of these rules. 5. Certain lock-ups declared to be subsidiary jailsThe lock-ups at Gurgaon and Kulu were declared to be subsidiary jails by Punjab Government Notification No. 484, dated the 21st December, 1896. 6. Financial control of Inspector General of Prisons over Judicial lock-upsThe InspectorGeneral of Prisons has hitherto exercised financial control over all Judicial Lock-ups in regard to such matters as sanctioning expenditure approving of budget arrangements and dealing with questions relating to the entertainment of special establishments and other similar matters. It is not intended to introduce any change in regard to these matters. 7. Inspection of Judicial lock-ups by Sessions Judge. Responsibility of District Magistrate for efficient managementDistrict Magistrates should see that all Lock-ups within their districts are efficiently managed; that prisoners confined therein are properly cared for; and that these rules are duly observed. It should be regarded as an important part of the Session Judges duty to inspect Judicial Lock-ups on all convenient occasions; and a brief report of the result of every such inspection should be communicated to the Inspector General of Prisons, the Government and the High Court. 8. Prisoners under trial should not needlessly be taken about from place to place when a Magistrate goes on tour. 9. Quick disposal of the cases of lock-up prisonersOfficers are requested to consider the disposal of cases where the accused is in custody as urgent and as having the first claim on their attention. 10. Interview with prisoners in lock-upsUnder-trial prisoners confined in a Lock-up should not be permitted to converse with people outside; but provision should be made under the rules to enable them to hold interviews with their friends and advisers, subject to such limitations as to times and places as may be proper and convenient.

11. Harassing of prisoners in lock-upCare should be taken that prisoners are not exposed to any unnecessary inconvenience, suffering or degradation.
Rules regulating the Management of, and Control over Judicial Lock-ups and the Treatment of Under-trial Prisoners

I. Control, management and inspection of Judicial Lock-ups in Jail(i) Judicial Lock-ups located within or attached to a Jail shall be managed entirely by the Jail Department, provided that they shall be subject to these rules in regard to inspection by the Sessions Judge of the Division in which they are situate and to the submission of the monthly statements and weekly reminders hereinafter prescribed. (ii) The Judicial Lock-up at Kulu in the Kangra District, which is also used as subsidiary Jail for short-term prisoners, shall be subject to the orders of the Inspector-General of Prisons so far as may be necessary for the purpose of dealing with prisoners undergoing sentences of imprisonment therein and subject to the same proviso as that contained in clause (i) of this rule. (iii) Subject to the provisions of clauses (i) and (ii) of this rule, every Judicial lock-up shall be under the direct control of the State Government to be exercised through the Commissioner and the District Magistrate. The Sessions Judge will, however, be responsible for the inspection of all Judicial lock-ups subject to the general control of the High Court. (iv) For the under-mentioned purposes every Judicial Lock-up shall be regarded as being subject to the orders of the Inspector-General of Prisons, namely: (a) adjustment of budget estimates; (b) sanction to expenditure; (c) entertainment of establishments. For the purposes of this clause the Inspector-General of Prisons will from time to time issue such instructions as may be necessary direct to District Magistrates. II. Control over the other Lock-upsThe immediate supervision and control over every Judicial Lock-up, other than a Lock-up referred to in clause (i) of Rule I, shall vest in the District Magistrate of the District in which it is situated: provided that, in the case of a Judicial Lock-up situated within a Sub-Division or a Cantonment, the immediate control shall vest in the SubDivisional or Cantonment Magistrate (as the case may be) subject to the supervision and orders of the District Magistrate. III. Officers in charge of Judicial Lock-upsEvery Judicial Lock-up situated at the headquarters of a district, other than a Lock-up referred to in clause (i) of Rule I, shall be in the charge of the Sheriff, and every Judicial Lock-up situated elsewhere shall be in charge of such officer as the District Magistrate may from time to time appoint in that behalf.

IV. Responsibility of Police to guard lock-ups and to conduct prisonersThe Police Department will be responsible for the security of every Judicial Lock-up not located within or attached to a Jail, and will supply the necessary guards for its protection and for the conduct of prisoners to and from the Courts, both at the headquarters of Districts and in Sub-Divisions, Tahsils and Cantonments, in accordance with the orders of Government and the rules of that Department. V. Account of prisoners to be taken morning and eveningAccount shall be taken morning and evening of the prisoners in every Judicial Lock-up not located within or attached to a jail. At the evening count the number of prisoners in each ward of the Lock-up shall be entered in a register to be maintained for the purpose and the entry initialled as correct by the officer-incharge of the Police Guard. At the morning count, if the number of the prisoners in the Lock-up is found to be correct, the entry shall be initialled by the office-in-charge of the Lock-up. VI. Office-in-charge responsible for discipline and proper dieting of prisonersIn the case of Judicial Lock-ups other than those referred to in clause (i) of Rule I, the officer in immediate charge shall, subject to the Magisterial supervision and control specified in Rule II, be responsible for the maintenance of discipline amongst, and the dieting of, the prisoners confined therein. VII. Prisoners ticketsEvery prisoner confined in a Judicial Lock-up shall be provided with a wooden or cardboard ticket about two inches square, on which shall be writtenhis name; the date of his admission; the offence for or provision of the law under which he is in custody; and the Court in which his case is pending. VIII. Date of hearing to be entered in the warrantThe date of hearing of the case shall be entered in the warrant directing the confinement of a person to a Judicial Lock-up. Notes(1) The Magistrate of the District will be responsible for the due observance of this rule by all Subordinate Magistrates in the District. (2) The Jailor or Superintendent of Jail in charge of a Judicial Lock-up should not refuse admittance to a prisoner the provisions of this have not been observed, but he should draw the immediate attention of the Magistrate concerned to the defect, and ask for its rectification at once, sending at the same time a copy of his letter to the Magistrate of the District for his information. IX. Weekly reminder of cases in which prisoner has been in the lock-up for more than a month(i) The officer-in-charge of every Judicial Lock-up shall submit to the Magistrate, to whom he is subordinate (i.e., District Magistrate, Sub-Divisional Magistrate or Cantonment Magistrate, as the case may be), a weekly reminder, in the form prescribed, showing every case in which a prisoner has been in confinement for more than a month since the date of his first admission to the Lock-up, except cases in which the prisoner is awaiting trial by the Sessions Judge under a warrant of committal to the Sessions.

(ii) In the case of Lock-ups situated within Sub-Divisions and Cantonments, the Sub-divisional Magistrate or Cantonment Magistrate (as the case may be), receiving a reminder under the preceding clause of this rule, will initial and date it, and forthwith submit it; with any remarks which he may deem necessary, to the District Magistrate for information and orders. (iii) In every case in which a prisoner has been detained for a longer period than one month, the reminder shall be forthwith submitted by the District Magistrate to the Sessions Judge with an explanation of the cause of the delay. X. Monthly returns(i) A Judicial Lock-up return, in the form prescribed, shall be submitted monthly by the District Magistrate, in regard to every Judicial Lock-up in his district, whether located within or attached to a Jail or not, to the Sessions Judge. The Sessions Judge will make such remarks and pass such orders thereupon as he may deem fit, and shall then forward the return to the Inspector-General of Prisons for information. (ii) For the purposes of this rule every office-in-charge of a Lock-up located within or attached to a Jail or of a Lock-up mentioned in clause (ii) of Rule I, shall forward a copy of the monthly return to the District Magistrate, the original being submitted to the Inspector-General of Prisons. (iii) The monthly return for the district shall be submitted by the District Magistrate to the Sessions Judge on or before the tenth of every month. A copy of the monthly return shall also be submitted by the District Magistrate to the Commissioner of the division at the same time.

XI. Scale of Diet(i) Under-trial prisoners confined in Judicial Lock-ups shall be dieted according to the following scale:

Description of Prisoners Twice a week

Diet Scale for Under-Trial Prisoners Three times a week Four times a week Dal, Urd or Mung Chs. 2 2 200

Wheat

Bajra or Jowar Chs. 12

Bajra or Makki Chs. 12

Dal, Urd or Mung Chs. 1-1

Parc Salt Condi ments Grs.

Chs. For male prisoners above 16 years of age For female prisoners and juveniles under 16 years of age 10

10

10

1-1

200

Note IIn regard to the issue of inferior grains see paragraphs 921 and 922 of Jail Manual. The proportion of the different ingredients for one days rations of condiments for eight prisoners should be: Coriander . . . . . . . . . . . . . . . . . . . . . . . 3/16 Chattacks Turmeric . . . . . . . . . . . . . . . . . . . . . . . 4/16 Chattacks
Garlic . . . . . . . . . . . . . . . . . . . . . . . . . . . 6/16 Chattacks Chillies . . . . . . . . . . . . . . . . . . . . . . . . . 3/16 Chattacks Note IIThe ration of vegetables prescribed should consist of one or other of the following vegetables, according to season: Cabbage, carrot, cauliflower, knol, khol, onion, parsnip, spinnach, turnip, radish, reg sag, white sag, French bean, sword bean, cucumber, pumpkin, squash, sweet potato, bottle gourd egg plant, country, pumpkin, karela. Note IIIIf and when the grains of the varieties specified in the table above are not available the dieting of under trial prisoners confined in judicial lock-ups shall be such as may be ordered by Government in consultation with the Punjab High Court and the Inspector-General of Prisons, Punjab.

Provided that if an under-trial prisoner belongs to such a class of life that the ordinary Jail diet is reasonably distasteful to him, or, in any case, if the Medical Officer considers it necessary, arrangements shall be made for the supply to him, in the former case at his own expense and in the latter at the public cost, of articles of extra diet. Provided further that A and B class under-trial prisoners confined in judicial lock-ups shall receive the same diet as prescribed for latter class prisoners when confined in Jails, by paragraph 920 read with paragraph 576-E of the Punjab Jail Mph I. When articles of diet are supplied at the expense of the prisoner, they shall be supplied to him through the officer-in-charge of the Lock-up. Notwithstanding anything contained in the above instructions, the under trial prisoners confined in judicial lock-ups may supplement their requirements in the matter of food by receiving the articles mentioned below from their relatives or friends at the time of interview: Food Anti-Scorbutics and Condiments 1. Ghee 1. Lemons 2. Gur 2. Galgals 3. Shakkar 3. Mangoes 4. Sugar 4. Onions 5. Fruits 5. Pickles and Chutney 6. Sweets 6. Amla 7. Cooked Eggs. 8. Mustard oil or Toria oil 9. Almonds Under trial prisoners who desire to have skimmed milk are permitted to have skimmed milk @ 8 ozs. per day at their own expense through the canteens or other similar sources, approved by the Inspector-General of Prisons, Punjab. No alcoholic liquors or intoxicating drugs shall be supplied to under trial prisoners except on the order of the Medical Officer, who should give a written order specifying the dial quantity to be allowed in each case. In the case of an under-trial prisoner, addicted to the use of opium, who cannot be conveniently taken before the Medical Officer of once, a proper quantity of opium may be given daily by the Officer-in-Charge of the Lock-up until the Medical Officer has seen the prisoner provided that

the prisoner or his friends supply the opium and that the quantity given shall be limited to what is actually necessary to maintain the health of the prisoner. Such under-trial prisoners as are not under the age of sixteen and are addicted to tobacco may be allowed to smoke four cigarettes or eight biris per day at their own expense after meals. Save as aforesaid no tobacco will be supplied to under-trial prisoners without a written order specifying the quantity in each case of the Medical Officer. No under-trial prisoner shall, however, smoke in kitchens, barracks and other places of common resort and at places where smoking is likely to cause offence to other prisoners. XII. (i) The Inspector-General of Prisons, in his annual tours, will inspect all Judicial Lock-ups in order to see that the sanitary arrangements are satisfactory, and that the financial management is efficient. He will bring to the notice of the Sessions Judge, the District Magistrate, and the Commissioner of the Division any defects which he may observe, submit a brief reports of the result of every such inspection to Government; and will review the general management of the Judicial Lock-ups in his annual Jail Report. (ii) The Inspector-General of Prisons may at any time bring to the notice of the Government any matter connected with the management of any Judicial Lock-up which he considers to be unsatisfactory or to need attention. XIII. Inspection by Sessions JudgesThe Sessions Judge should as often as may be possible, inspect every Judicial Lock-up in his Division, and should bring to the notice of the District Magistrate any defects in the management which he may observe, and pass such orders as he may consider necessary. A brief report of every such inspection should be submitted to the High Court; copies thereof being sent to the Inspector-General of Prisons, the Home Secretary to the Punjab Government and the District Magistrate. XIV. (i) Sub-Divisional and Cantonment Magistrate to see to the sanitation, discipline, etc. of lock-ups under their controlThe District Sub-Divisional or Cantonment Magistrate having a Judicial Lock-up under his control, is at all times responsible that, though the strict rules as to sanitation and discipline observed in regular jails are not inforce in Judicial Lock-ups, the points are duly attended to. As to sanitation, the Magistrate should see that sanitary precautions similar to those observed in Jails are taken; that the buildings are not crowded or badly ventilated; and that the food is of proper quality and according to the prescribed scale of diet. In regard to discipline, the Magistrate should take Measures to ensure proper behaviour amongst the permitted to be noisy or turbulent, or to quarrel or fight with one another, and that they behave in a quiet and orderly manner, and are respectful and obedient to the officer-in-charge of the lock-up Prisoners confined in a lock-up should not be permitted to communicate with persons outside; nor should they be permitted to procure or to endeavour to procure any article from outside except on the written order of the Magistrate-in-charge of the lock-up (ii) Separate accommodation for female and juvenile prisonersSeparate accommodation should be provided for female prisoners, who should be allowed sufficient privacy. Juveniles should not be placed in the same ward with adults.

XV. Receipt for prisoners taken out, Police to conduct prisonersThe officer-in-charge should invariably give a receipt to the Jailor, turnkey or other officer, as the case may be, for the body of every prisoner taken charge of by him, and should invariably use the agency of the Police to conduct prisoners to and from Court or any other place to which they may be sent under proper authority. XVI. (i) Prisoners not to be kept in Police Lock-up without orders of MagistrateNo prisoner under trial should be permitted to remain in a Police Lock-up except under the order of a Magistrate or when in transit. A prisoner in a case remanded to the Police should not be sent to the Police Lock-up without the written order of the Magistrate, even though his case may be with the Police. (ii) Prisoners accompanying Magistrate on tour should be taken to be in Judicial LockupIf a Magistrate proceeds on tour and prisoners under trial accompany him, they are still to be considered as being constructively in the Judicial Lock-up of such Magistrates station for the purposes of these rules. (iii) Provision of a Lock-up in each Court-houseIn each Court-house or in the buildings attached to it, a proper place shall be provided for prisoners under trial and their guard. NoteThe amount of space which should be available in a Judicial Lock-up should ordinarily be not less than 648 cubic feet of air space and 36 feet of floor area per prisoner. Lateral ventilation exclusive of iron bars and door jambs should not be less than ten square feet. Separate accommodation should be provided for females and juveniles. XVII. (i) Prisoners received or taken out under orders of MagistrateUnder-trial prisoners shall not be received into or removed from a Judicial Lock-up except on the written order of Magistrate. The order should be made on the prescribed form of warrant. Whenever a prisoner is sent out of the Lock-up, the officer-in-charge should, after making the necessary endorsement, send the warrant with him to the Magistrate for the purpose of having the return endorsement made thereon by the Magistrate, as noted on the form. (ii) Expenses of transfer of a prisonerWhen a prisoner under-trial is transferred from one place to another under the orders of a Magistrate, the Magistrate under whose order the prisoner is transferred shall pay, in advance, the travelling expenses for the whole journey, and not merely to the headquarters of the nearest district en route. (iii) Sick prisoners to be kept in jail hospitals. Transfer of sick prisonersUnder-trial prisoners shall not be transferred while suffering from serious illness; and if there is dispensary at the place where a Lock-up is situated, no prisoner who is ill shall be transferred until previous medical examination has shown him to be in a fit state of health to under-go the journey. Sick or wounded prisoners under trial at the headquarters of district shall be confined in Jail hospitals whenever medical advice or treatment may be necessary.

XVIII. ClothingPrisoners under trial shall be allowed to wear their own clothing; but in order to provide for persons who are insufficiently clad a supply of blankets shall be kept in stock at each Judicial Lock-up. The blankets shall be obtained from the Jail of the district or from a neighbouring Jail on indent prepared by the District Magistrate and passed by the InspectorGeneral of Prisons. XIX. Handcuffs, fetters and other restraintsUnder-trial prisoners are to be subjected to no further restraint than is necessary for their safe custody, and shall not ordinarily be confined in fetters or placed under mechanical bodily restraint. Provided that the officer-in-charge may, with the permission in writing of the Magistrate having control over the Lock-up, have recourse to fetters or other necessary mechanical bodily restraint in the case of any under-trial prisoner who is violent or turbulent, or who is considered to be otherwise dangerous. Under-trial prisoners while being escorted to and from Court by the Police should not be handcuffed, unless there is a reasonable expectation that such prisoners will use violence, or that an attempt will be made to rescue home. XX. Habitual offenders and previous convicts to be reportedWhenever it shall come to the knowledge of the officer-in-charge of a Lock-up that a prisoner confined therein is an habitual offender or has been previously convicted of any offence, he shall forthwith report the fact to the Magistrate. NoteUnder-trial prisoners should not be permitted to crop their hair or to alter their personal appearance in any way so as to make it difficult to recognize them. XXI. Information to be sent to Officer-in-charge when a prisoner is discharged or released on bailWhen an under-trial prisoner is discharged in open Court or released on bail while attending the Court, the presiding officer of the Court shall intimate the fact in writing, under his signature, the same day, to the officer-in-charge of the Judicial Lock-up from which the prisoner was sent to such Court. XXII. Interviews and correspondencePrisoners under-trial shall be given all reasonable facilities for communicating, either personally or by letter, with their friends, or legal advisers. Interviews may be allowed and letters forwarded under the authority of the Magistrate having control over the Lock-up. XXIII. Disposal of money or other property found on the person of the prisonerMoney or other property found on the persons of under-trial prisoners, other than necessary wearing apparel shall be taken charge of by the Court Inspector. A list of such articles shall be recorded on the back of the prisoners warrant, and the Court Inspector shall be held responsible for seeing that they are made over to the prisoner, or duly forwarded to him, if he is discharged or acquitted or punished otherwise than they imprisonment, or that they are forwarded to the officer-in-charge of the Jail in which he is, or is to be confined if he is sentenced to imprisonment. XXIV. Punishment for breach of discipline(i) The punishments awardable for breaches of rules shall be as follows:

(a) Isolation in a cell or separate ward for a period not exceeding seven days; (b) Penal diet consisting of bread and water for period not exceeding three days; the quantity of bread to be 8 chattacks of wheaten flour made into chapatis. (c) In the case of turbulent or dangerous prisoners, confinement in fetters. (ii) Punishments may be inflicted under the written order of the Magistrate having control over the Lock-up. XXV. Prisoners under sentence temporarily confined in Lock-upPrisoners under sentence who may be temporarily confined in a Lock-up or who may be required to undergo their sentence in a Lock-up which is a subsidiary Jail, shall, as far as may be, subject to the same rules with regard to labour and discipline as are in force in regular Jails. XXVI. Register of under-trial prisonersA register, in the form prescribed, showing every admission to and removal from a Judicial Lock-up shall be maintained by the officer-in-charge. XXVII. Appointment of non-official visitorsThe State Government may appoint such number of persons to be non-official visitors in respect of any judicial Lock-up as it may think fit, after consulting the Sessions Judges and the District Magistrates concerned. Normally the scale of non-official visitors for Lock-ups will be (i) Judicial Lock-ups situated at the Headquarters of a 1st Class Magistrate . . . . . . . . . . . . . . . . . . . . . . 2 (ii) Judicial Lock-ups situated at the Headquarters of a 2nd or 3rd Class Magistrate . . . . . . . . . . . . . . . . . . . . . . 1 XXVIII. Qualifications for appointment of non-official visitors(a) A non-official visitor to a Judicial Lock-up should be a local person commanding respect of the public; (b) He should be associated with public activities; (c) He should be a social worker doing work in public societies like the Prisoners Aid Societies or having general interest in jail reforms and after care of under-trials; (d) He should not be practicing lawyer. XXIX. Term of OfficeEvery non-official visitor so-appointed shall hold office as such for two years, but may be reappointed on the expiration of that term.

XXX. Non-official visitors to be gazettedThe names of such gentlemen as are willing to undertake the important duties and are appointed non-official visitors of specified Judicial Lockups shall be notified in the Punjab Government Gazette. NoteWhen the period of appointment of a non-official visitor is drawing to a close, the District and Sessions Judge of the District in which the Judicial Lock-up is situated shall represent the fact to Government and at the same time in consultation with the District Magistrate of the District submit recommendations for filling the appointment for a further period of two years. XXXI. Duties of non-official visitors of Judicial Lock-upsAll non-official visitors shall visit Judicial Lock-ups at least once a month and at every visit shall (a) Inspect buildings of Judicial Lock-ups and the cooked food to be supplied to under-trial prisoners; (b) Ascertain if considerations of health, cleanliness and security are attended to, proper management and discipline are maintained in every respect, and if under trial prisoner is detained for an undue length of time; (c) Examine-lock-up registers and records; (d) Hear and attend to all representations and petitions made by or on behalf of under-trial prisoners; and (e) Direct, if deemed advisable, that any such representations or petitions be forwarded to Government. XXXII. Date of visit to be recorded. Copy of remarks to be sent to certain officersThere should be one visitors book in every Judicial Lock-up. Every non-official visitor shall, after he has completed his visit to the Judicial Lock-up, record in the visitors book, the date and hour of his visit, and may enter therein any remarks or suggestions he may wish to make. A copy of the record made by every visitor, together with the reply of the officer-in-charge of the Judicial Lock-up thereto, shall be forwarded to the Inspector-General of Prisons, Punjab, and in case of any remark relating to the long detention of any unconvicted prisoner, a copy of such remark shall also be forwarded to the District Magistrate of the district. (Punjab Government Letter No. 106J-JL-54/J7560, dated the 26th March 1954).

CHAPTER 28
Ch. 28

Jurors
Part A]

Part A TRIALS BY JURY

1. Notification by Delhi GovernmentIn pursuance of the provisions of Section 269 of the Code of Criminal Procedure 1898, the Chief Commissioner, Delhi has been pleased to direct that the trial of all offences before the Court of Session in the State of Delhi shall be by the Judge himself. (Delhi Government Notification No. F. 2 (242)/55-Home, dated the 2nd April, 1956). 2. Direction by Punjab GovernmentThe Punjab Government have decided that at present the system of trial by jury should not be followed in the Punjab State (Punjab Government Letter No. 65-J-56/16374, dated the 16th April, 1956). NoteIn view of the abolition of trials by Jury by the Code of Criminal Procedure 1973 the provisions of this Chapter are of no use, hence not being published.

CHAPTER 29
Ch. 29

Public Prosecutors
Part A]

Part A APPOINTMENTS OF PUBLIC PROSECUTORS

1. Appointment, transfer, etc.(a) All matters relating to the appointment remuneration, transfer or removal of Public Prosecutors rest with the Executive and not with the Judicial Department. (b) Except temporary additional Public Prosecutors appointed by the Government or the Legal Remembrancer, Punjab, under the rules contained in the Punjab Law Department Manual, the Public Prosecutors are now designated as District Attorneys and Assistant District Attorneys. 2. Recruitment and conditions of service of District Attorney & Assistant District AttorneysThe District Attorneys and the Assistant District Attorneys are whole time Government servants, in a regular cadre of service called the District Attorney Service, and their recruitment and conditions of service are regulated by the Punjab District Attorney Service Rules, 1960, reproduced in Part C of this Chapter. 3. Temporary Additional Public Prosecutors(i) When the State of work so requires, temporary additional Public Prosecutors may be appointed, under the provisions of the Public Law Department Manual, for period not exceeding three months by the Legal Remembrancer and for periods exceeding three months by the Government. (ii) Temporary Additional Public Prosecutors are not whole time Government servants and are ordinarily allowed the pay of Rs. 400 per mensem. 4. Cases in which Public Prosecutors may be required to appearPublic Prosecutors are required by Law [Section 225 (Section 270 of old Code)] of the Code of Criminal Procedure, 1973 to conduct the prosecution in all criminal trials held in a Court of Sessions but it rests entirely with Executive to decide in what appeals or revision cases Public Prosecutors are to appear in the Sessions Court. They will be required to appear on behalf of the Government in the following cases Government (a) All Sessions Cases;

(b) All Section 29 cases as headquarters where the Public Prosecutor is posted; (c) All Section 29 cases in out-stations when required to appear by the District Magistrate; (d) All commitment cases at headquarters, except ordinary Section 70 cases where appearance is unnecessary; (e) All similar commitment cases in out-stations when required to appear by the District Magistrate; (f) All criminal appeals where on or after the admission of the appeal the Sessions Judge notes that he considers appearance necessary, and in all criminal appears which the District Magistrate considers of sufficient importance to require representation of the Government; (g) Subject to the time being available all original cases which the District Magistrate considers of sufficient importance to require representation; and They will also furnish opinion in all criminal cases when required by the District Magistrate and by a Sub-Divisional Officer through the District Magistrate. Public Prosecutors shall also appear in any cases or give opinion regarding any matter when required by the Legal Remembrancer. 5. On the request of a Public Prosecutor who appears before a Sessions Judge, the Sessions Judge will certify that the Public Prosecutor had so appeared. 6. A brief diary should be maintained by each Public Prosecutor showing the work done by him during each month. This diary is to be submitted to the Legal Remembrancer at the end of the month in accordance with instructions issued from time to time.
Part B]

Part B THE SUPPLY OF COPIES TO THE ADVOCATE-GENERAL AND PUBLIC PROSECUTORS

1. Records and copies to be supplied in cases before Subordinate CourtsWhen the Advocate General as Public Prosecutor, has been ordered to undertake a case, he shall, if his appearance is required in any Court other than the High Court be supplied as soon as practicable with the following papers, according to the stage which the proceedings may have reached: (a) In original trials and inquiries before a Magistrate (1) a list of the witnesses for the prosecution with a note of the evidence each is expected to give; (2) copies of any documents material to the case which are available. (b) In original trials before a Court of Sessions, a complete copy of the record of the Committing Magistrate except formal papers, which do not affect the merits of the case.

(c) In appeals before a Court of Sessions, a complete copy of the record of the lower Court, except formal papers not affecting the merits of the case. (d) Copies of the Police papers whenever, in the opinion of the officer applying for the services of the Advocate-General, they are likely to help materially to a proper understanding of the case. NoteCopies of records, required by Local Public Prosecutors or the Legal Remembrancer should be supplied and their cost met by District Magistrate or the Courts concerned. (Punjab Government Notification No. 1025, dated 21st October, 1914). 2. Records and copies to be supplied in cases before Subordinate CourtsIn addition to the above any papers and records, including copies of depositions of witnesses recorded by the trying Courts which may be required by the Law Officer, shall be supplied as soon as possible after receipt of the requisition. NoteThe Public Prosecutors should, however, use more discrimination in their requests for full copies of evidence and should, as far as possible, obtain the material required by them from inspection of judicial records; copies should not be obtained by them except in complicated cases, when inspection will not serve the purpose. (Punjab Government Letter No. 12012- Judl. dated the 15th April, 1926, and Legal Remembrancers Letter No. 1829, dated the 7th May, 1926). 3, Copies in cases before High CourtIn cases in which the Advocate General is ordered to appear in an appeal or revision case before the High Court, it will ordinarily be for him to obtain copies of such parts of the record as he requires; but if in any case copies can be more conveniently obtained by the officer who has applied for his services, such officer may be required to obtain and transmit the necessary copies. In any case, the cost of obtaining copies shall be defrayed by the officer who has applied for the Advocate-Generals services.
Part A]

Part C RULES RELATING TO RECRUITMENT AND CONDITIONS OF SERVICE OF DISTRICT ATTORNEYS AND ASSISTANT DISTRICT ATTORNEYS THE PUNJAB DISTRICT ATTORNEYS SERVICE RULES, 1960

1. (1) Short title and commencementThese rules may be called the Punjab District Attorneys Service Rule, 1960. (2) These shall come into force from the date of their publication in the official Gazette. 2. DefinitionIn these rules, unless there is anything repugnant in the subject or context. (a) Commission means the Punjab Public Service Commission ;

(b) direct appointment means an appointment made otherwise than by promotion within the Service, or by transfer of an official already in the service of a State Government or of the Union of India. (c) Government means the Punjab Government in the Administrative Departments; (d) Legal Remembrancer means the Legal Remembrancer and Secretary to Government, Punjab, Legislative Department; (e) Recognised University means: (i) Any University incorporated by law in any of the States of India; (ii) In the case of Degree or diplomas obtained as a result of examination held before the 15th August, 1947, the Punjab, Sind or Dacca University; and (iii) Any other University which is declared by Government to be a recognised University for the purposes of these rules; and (f) Service means the Punjab District Attorneys Service. 3. Composition of service(1) The Service shall comprise the posts shown in Appendix A to these rules : Provided that the posts of Grade II of the District Attorneys cadre shall continue as such only so long as the existing incumbents of erstwhile Pepsu State hold them. These posts when falling vacant will be added to either in Grade I of District Attorneys cadre or to the cadre of Assistant District Attorneys: Provided further that there shall be one or more District Attorneys or Assistant District Attorneys for each District as the Government may from time to time determine. (2) Nothing in these rules shall affect the right of Government to make addition to, or reduction in, the cadre of the service whether permanently or temporarily. 4. Appointing AuthoritySubject to the provisions of Rule 5, the appointments to the posts in the Service shall be made by the Government in consultation with the commission : Provided that temporary appointments for a period of not exceeding three months shall be made by the Legal Remembrancer. 5. Method of recruitmentPosts in the Service shall be filled in as under: (a) In the case of District Attorneys

(1) The first appointments to such number of posts as Government may determine shall be made by the Government by selection, on the advice of a Committee consisting of the Legal Remembrancer and the Home Secretary to Government, Punjab, from amongst those Public Prosecutors who were in the employment of the erstwhile State of Punjab and Patiala and East Punjab States Union immediately before the 1st November, 1956. (2) the remaining posts and all future vacancies shall be filled (i) by selection from amongst the District Attorney Grade II or the Assistant District Attorneys; or (ii) by transfer of an officer working under the Government of a State, or of Union of India; or (iii) by direct appointment. (b) In the case of District Attorney Grade II, by selection by the Government from amongst the Public Prosecutors in the employments of the erstwhile State of Pepsu, immediately before 1st November, 1956. (c) In the case of Assistant District Attorneys (i) by selection form amongst the Legal Assistants and Superintendents of the office of Legal Remembrancer; or (ii) by transfer of an officer working under the Government of a State of Union of India; or (iii) by direct appointment. (d) In the case of temporary vacancies not exceeding a period of three months by the Legal Remembrancer out of District Attorneys, Grade II, or Assistant District Attorneys or from the counsel on the State list. 6. Domicile and qualifications for appointmentNo person shall be appointed to the Service unless he is (a) a citizen of India; or (b) a subject of Sikkim; or (c) a subject of Nepal or of a Portuguese or former French Possessions in India; or (d) a person of Indian origin, who has migrated from Pakistan with the intention of permanently settling in India;

Provided that if he belongs to category (c) or (d) he must be a person in whose favour a certificate of eligibility has been given by the Government of India; or of the Punjab; Provided, further that if he belongs to category (d) the certificate of eligibility shall be valid only for a period of one year from the date of his appointment beyond which he may be retained in service only if he has become a citizen of India. A candidate, in whose case a certificate of eligibility is necessary, may be admitted to an examination or interview conducted by the Commission or any other recruiting authority and he may also provisionally be appointed subject to the necessary certificate being eventually given to him by Government. 7. DisqualificationNo person who has more than one wife living, or in the case of a woman, is married to a person already having a wife living, shall be eligible for appointment to the Service: Provided that the Government may in any exceptional case and for reasons to be recorded in writing exempt any person from the operation of this rule. 8. Age limitNo person shall be appointed to the Service by direct appointment to the post of (i) District Attorney, unless he is not less than 30 years and not more than 40 years of age on the date of selection; (ii) Assistant District Attorney, unless he is not less than 25 years and not more than 35 years of age on the date of selection: Provided that in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes, the maximum age limit shall be such as may be fixed by Government from time to time. 9. Educational and other qualificationsNo person shall be appointed to the Service unless he possessed the educational qualifications mentioned in column 2 below and no person shall be appointed by direct appointment unless he also possessed the other qualifications mentioned in column three below
Name of Post 1 District Attorney Educational Qualifications 2 Degree of Bachelor of Laws of a Recognised University or a Barrister of England or Ireland or a member of the Faculty of Advocated of Scotland Ditto Other Qualifications 3 Should have practised at the Bar for a period of not less than ten years

Assistant District Attorney

Should have practised at the Bar for a period of not less

than five years

10. Certificates and declarations to be attached with application(1) A candidate for appointment to the Service shall state his qualifications and attach to his application a declaration stating the period for which he has been practising as a lawyer and/or the period, if any, for which he remained in Government service or worked as a Public Prosecutor. (2) No person shall be appointed direct to the Service unless he (a) has obtained from a Standing Medical Board in the State of Punjab a certificate of mental and physical fitness as required under Rule 3.1 of the Punjab Civil Services Rules, Volume I, Part II; and (b) has produced a certificate of character from the Principal, academic officer of the university, college, school or institution, last attended, if any; and similar certificate from two responsible persons, not being his relatives, who are well-acquainted with him in private life and unconnected with his university, college, school or institution. 11. Probation(1) Members of the Service recruited by direct appointment shall remain on probation for a period of two years and those recruited otherwise for a period of one year: Provided that the District Attorneys Grade I, who are selected for appointment from the Public Prosecutors of erstwhile State of Punjab and Patiala and East Punjab States Union and the District Attorneys Grade II, shall not be acquired to remain on probation. ExplanationThe period of service as Public Prosecutor or the period of service as officiating District Attorney, Class I or officiating Assistant District Attorney may, at the discretion of Government, be allowed to count towards the period of probation fixed under the rule but not member of the Service, who is officiating in any appointment shall, on the completion of his period of probation be entitled to be confirmed, until he is appointed against a permanent vacancy. (2) If the work or conduct of any member of the Service during the period of probation is, in the opinion of Government, not satisfactory, Government may dispense with his services, if recruited by direct appointment or revert him to his former post if recruited otherwise. (3) On completion of the period of probation of any member, the Government may confirm such member in his appointment, if his work or conduct has, in the opinion of Government, not been satisfactory, dispense with his services if recruited by direct appointment or may revert him to his former post, if recruited otherwise, or may extend his period of probation and thereafter pass such orders as it could have passed on the expiry of the first period of probation: Provided that the total period of probation including extensions, if any, shall not exceed three years.

12. Seniority(1) The seniority inter-se of members of the service holding the same class of posts shall be determined by the dates of their continuous appointments to such posts in the Service: Provided that in the case of members appointed directly, the order of merit determined by the commission shall not be disturbed: Provided, further, that in the case of two or more members appointed to the same class or posts on the same date, their seniority shall be determined as follows: (a) a member recruited by direct appointment shall be senior to a member recruited otherwise; (b) a member recruited by promotion shall be senior to a member recruited by transfer; (c) in the case of members who are recruited by promotion or transfer, seniority shall be determined according to the seniority of such members in the appointments from which they were promoted or transferred; (d) in the case of members recruited by transfer from different cadres or by selection under Rule 5(a)(1) their seniority shall be determined according to pay, preference being given to a member who was drawing a higher rate of pay in his previous appointment, and if the rates of pay drawn be also the same, then by their length of service; and in case their length of service also happens to be the same, an older member shall be senior to a younger member. (2) The inter-se seniority of Public Prosecutor appointed together to the service shall remain undisturbed and they shall be senior to the persons otherwise recruited. 13. Pay of Members of ServiceMembers of the Service shall be entitled to such scales of pay as may be authorised by Government from time to time. The pay scales at present in force are given in Appendix A: Provided that a higher pay than the minimum pay may be allowed by Government in consultation with Finance Department, where qualification and experience so required. 14. TransferEvery member of the Service shall be liable to transfer under the orders of the Government anywhere within the State of Punjab and shall also be liable to serve outside the State of Punjab. 15. Conditions of service(1) The posts in the Service shall be pensionable and the members of the Service shall be whole time Government servants. (2) In respect of leave, pension and other cognate matters not expressly provided for in these rules the members of the Service shall be governed by such rules and regulations as may be applicable to Government servants or such other rules and regulations as are framed or issued from time to time under the proviso to Article 309 of the Constitution of India:

Provided that notwithstanding anything contained in the leave rules for the time being in force the members of the Service may be permitted to absent themselves from duty during the period of the Sessions Courts are closed for vacation by debiting the period of absence to their leave accounts. (3) No member of the Service shall have the right of private practice. 16. Penalty discipline and appeals(1) In the matters relating to discipline punishment and appeals, members of the Service shall be governed by the Punjab Civil Services (Punishment and Appeal) Rules, 1952, as amended from time to time; Provided that the nature of penalties which may be imposed and the authority empowered to impose such penalties shall be, subject to the provisions of any law or rules made under Article 309 of the Constitution of India, as specified in Appendix B to these rules. (2) The authority competent to pass an order under clauses (c) and (d) or Rule 10 of the said rules shall be Government. 17. InterpretationIf any question arises relating to the interpretation of these rules, it shall be referred to the Government whose decision thereon shall be final. 18. Power to relaxWhere the Government is satisfied that the operation of any of these rules causes undue hardship in any particular case, it may by order dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner.
APPENDIX A
Number of the posts Eight Designation of the posts Scale

District Attorneys Grade I

Rs. 500-30-800/ 30-1, 100/50-1, 200

Nine

District Attorneys Grade II

Rs. 250-25-375/ 25-700/25-750

Nine

Assistant District Attorneys

Rs. 300-15-450/ 15-450/20-540/20-600

APPENDIX B
Designation of service Nature of penalty Authority competent to impose penalty Appellate Authority

Designation of service

Nature of penalty

Authority competent to impose penalty Legal Remembrancer Ditto

Appellate Authority

Members of Service

(a)

Censure

Government

(b)

Withholding of increments including stoppage at efficiency bar Reduction to Government lower stage in the time scale Recovery from pay of the whole or part of any pecuniary loss caused to Government by negligence or breach of order Suspension Removal from service which does not disqualify for future employment Dismissal from service which ordinary disqualifies from future employment

Do

(c)

Nil

(d)

Do

Nil

(e) (f)

Do Do

Nil Nil

(g)

Do

Nil

(Published in the Punjab Government Gazette, dated 22nd December, 1961 Pausa 1, 1883 Saka, Legislative Supplement, Part IV Page 107, vide Notification No. G.S.R.-8 Const/Art-309/61, dated 12th December, 1961).

CHAPTER 30
Ch. 30

Judicial PowersCriminal
Part A]

Part A POWERS OF CRIMINAL COURTS

1. Powers defined in the Criminal Procedure Code and other ActsThe constitution and powers of the Criminal Courts are regulated by Chapters II and III, and Schedules III and IV, of the Code of Criminal Procedure. Column 8 of Schedule II of the Code indicates the class of Court competent to try each offence falling under the Indian Penal Code. In regard to offence falling under Local and Special Laws, the classes of Courts by which such offences are triable are usually specified in the Act creating the offences. Where, in any such Act, the term Magistrate* is used without qualification, it includes all persons exercising all or any of the powers of a Magistrate under the Code [vide, Section 2(32) of the Punjab General Clauses Act, 1898 or Section 3(32) of the General Clauses Act, 1897]. 2. Special powersThe general powers which Magistrates are entitled to exercise in addition to those conferred upon them by Sections 32 and 33 of the Code (See Sections 29-30 of new Code) will be found in the third and fourth Schedules of the Code. Besides their ordinary powers detailed in the third Schedule Magistrates of the first class may (1) require security for good behaviour under Section 110, and (2) issue process for a person who within local jurisdiction has committed an offence outside such local jurisdiction. Section 186 (Punjab Government Notification No. 507, dated 5th April 1904). The same notification empowers all Magistrates of the first and second classes (1) to make orders prohibiting repetitions of nuisances, Section 143; (2) to make orders under Section 144 as regards nuisances; and (3) to take cognizance of offences upon information Section 190. All Magistrates are empowered to take cognizance of offences upon (1) Complaint, or (2) Police report, Section 190. 3. Powers conferred by GovernmentFor powers conferred by the State Government upon certain classes of officers, either under the Code of Criminal Procedure or any other Act, see Schedules A and B attached to this order.

Schedule A MAGISTERIAL POWERS

Serial No. 1.

Officer

Powers Conferred

Limits

No. and Date

Registrar, High Court, Punjab.

Magistrate, 1st Class.

Within the limits of High Court building and compound. Within the limits of any District to which the person may be posted. Ditto

No. 1004, dated 2

2.

Tahsildars (Permanent or Temporary).

Magistrates, 2nd Class.

No. 1081, dated 2

3.

Assistant Commissioners and Extra Assistant Commiss-ioner (not invested with any higher powers). Naib-Tahsildars holding the office of Naib-Tahsildar of a Sub-Tahsil. Naib-Tahsildars (Permanent). Settlement Tahsildars employed in the work of colonization or settlement.

Ditto

No. 3, dated 2nd J

4.

Ditto

Ditto

No. 28643-Gaz., d

5.

Ditto

Ditto

No. 1536, dated 8

6.

Magistrates, 3rd Class.

Within the limits of any district or districts in which the person may from time to time be employed, and only for the purposes of disposing of complaints brought by or against members of the District and Settlement of Colony Establishment working under their orders.

No. 1108, dated 1

NotePermanent Naib-Tahsildars will, under serial No. 4, exercise 3rd Class Magisterial powers. Officiating Naib-Tahsildars will not ordinarily be re-invested, but if likely to continue to act for a considerable period, an Officiating Naib-Tahsildar who has passed the prescribed examination, may be specially recommended.

Schedule B SPECIAL PROCESS

Serial No.

Officer

Powers Conferred

Limits

1.

Registrar, High Court, Lahore.

To try summarily under Section 260, Criminal Procedure Code of 1882, offences against the Police Act.

Within the limits of High Court building and compound.

2.

All Magistrates, 1st Class.

(i) To require security for good behaviour (Section 110, Criminal Procedure Code.) (ii) To make orders as to local nuisances (Section 133). (iii) To issue process for person within local jurisdiction who has committed an offence out side the local jurisdiction (Section 186). (iv) To sell property alleged or suspected to have been stolen (Section 524).

3.

All Magistrates of the 1st and 2nd Classes.

(i) To make order prohibiting repetition of nuisances (Section 143). (ii) To make orders under Section 144. (iii) To hold inquests (Section 174). (iv) To take cognizance of offences upon information received from any person other than a Police Officer or upon their own knowledge or suspicion [Section 190(1)(c)].

4.

All Magistrates.

To take cognizance of efficiencies

Serial No.

Officer

Powers Conferred

Limits

upon complaint or Police report. [Section 190(i)(a) and (b)]. 5. 6. All Sub-divisional Magistrates. To Call for records (Section 435). All Magistrates, 1st Class. Powers mentioned in Section 8(1) of the Reformatory Schools Act, 1897. Within the local limits of their jurisdiction.

N 1

7.

All Stipendiary Magistrates 2nd Class.

Powers to authorise the detention of accused persons in the custody of the Police under Section 167(2) of the Code of Criminal Procedure. Power to withdraw class of cases from the Magistrates subordinate to them (Section 528 of the Code of Criminal Procedure) Powers to take exercise all or any of the powers conferred upon Court by the provisions of Section 562 of the Code of Criminal Procedure.

N 1

8.

All District Magistrates.

N 1

9.

All Magistrates, 2nd Class.

N 1

NoteAll the powers mentioned in Serial Nos. 2 to 5 will be exercised subject to the general control of the District Magistrates.

Part B CONFERMENT OF CRIMINAL MAGISTERIAL POWERS

Part B]

Instructions in re recommendation for conferment of criminal magisterial powersThe Honble Judges have been pleased to issue the following instructions, which have been approved by the State Government, in regard to recommendations for the conferment of criminal magisterial powers: (1) For I.C.S., and Punjab Civil Service OfficersRecommendations for the conferment of criminal magisterial powers upon officers of the Indian Civil Service and Punjab Civil Service should ordinarily originate, as the circumstances of each case may require, with either the District Magistrate, the District and Sessions Judge, the Commissioner of the High Court. For TahsildarsProposals for the investiture of tahsildars and Naib- Tahsildars with higher magisterial powers than those which they exercise ex-officio should be made to the High Court through the Commissioner and the Financial Commissioners for transmission to Government. (2) Channel of recommendationExcept when it is desired to confer enhanced powers, e.g., the powers of a Section 30 or 260 Magistrate, Additional District Magistrates, etc., upon an Assistant Commissioner or Extra Assistant Commissioner, the District Magistrate may address the Commissioner either direct or through the District and Sessions Judge. A proposal for the conferment of enhanced powers upon an Assistant Commissioner of Extra Assistant Commissioner, should, however, be initiated by the District Magistrate, who will forward his recommendation to the Commissioner through the District and Sessions Judge. The Commissioner will then address the High Court. It is definitely irregular for officers desirous of obtaining these powers to address the Registrar, High Court, direct. In the rare case where it is proposed to confer magisterial powers upon a Subordinate Judge, the proposal should originate with the District Magistrate and should be forwarded through the District and Sessions Judge and the Commissioner to the High Court. NoteIn Districts where the Judiciary has been separated from the Executive, such proposals will be initiated by the Additional District Magistrate who will submit the same to the District and Sessions Judge who in turn will forward his recommendation to the High Court. (3) When Commissioner shall consult Sessions JudgeIn other cases, the Commissioner, before forwarding the proposal to the High Court, may consult the District and Sessions Judge if he thinks it necessary to do so; but he shall do so whenever it is proposed to confer on any person the enhanced powers mentioned in paragraph 2 and (a) first class magisterial powers ; or (b) the powers to commit persons for trial to the Court of Sessions under Section 206 of the Code of Criminal Procedure.

(4) Statement of previous exercise of powers to be sent along with recommendationWhen recommendations for the investiture of Extra Assistant Commissioners and Tahsildars with criminal powers are submitted to the High Court, it should invariably be specified whether the officer recommended has exercised powers before of the same or of a lower class, and for what periods : the Government, notification conferring such powers should be quoted in each case. If the officer has never exercised criminal powers before, the fact should be stated. (5) Necessary qualifications for exercise of special powersSpecial care should be taken when recommending the investiture of officers with the important powers of a Section 30 or 260 [See Section 278 of new Code] Magistrate, or with the powers of an Additional District Magistrate. Ordinarily the qualifications necessary for the conferment of powers under Section 30 of the Code of Criminal Procedure are (a) the exercise of first class magisterial powers for at least ten years; (b) the officer recommended must be reported to be a capable and reliable Magistrate, (c) he should keep his records and write judgments in English; and (d) his English should be intelligent and his hand-writing legible. For summary powers under Section 260 of the Code [See Section 278 of new Code] of Criminal Procedure, the qualifications are the same except that the officer may have exercised first class magisterial powers for three years and should have at least seven years service. An officer recommended for the exercise of the powers of an Additional District Magistrate should have not less than ten years service. NoteThese conditions are not applicable to officers of the Indian Civil Service or the Indian Administrative Service who are governed by the order regulating the training of Assistant Commissioners, the condition that first class magisterial powers should have been exercised for at least ten years before an officer can be invested with powers under Section 30 would however apply in their case also in view of the amendments of that section by Act No. 26 of 1955. (6) Recommendations should ordinarily be made at the time of revision of annual confidential powers listsGovernment maintain confidential lists of officers of the Indian Administrative Service and Punjab Civil Service who are considered qualified to exercise or to be tried with certain enhanced civil and criminal powers. These lists are revised annually under instructions which are issued separately by the High Court. The channel prescribed in paragraphs 2 and 3 for the transmission of proposals applies only to the case of individual recommendations made from time to time during the year and not to the procedure for the revision of the annual confidential powers lists. Normally, recommendations for the investiture of officers with enhanced powers should be confined to the time of the annual revision of lists, save when enhancement of powers is essential in the interests of work. The records of all officers recommended at the time of such revision are

very carefully examined and it means extra work and less accurate results if individual cases are taken up at other times. (8) Conferment of higher powers in emergency does not qualify permanentlyIt sometimes happens that higher powers are conferred in an emergency upon officers not in every way competent to exercise them permanently : this, however confers no claim to be given such powers permanently at the next revision of lists. Some officers are apt to consider that because they do not get higher powers, or their names do not appear on the confidential lists of officers qualified to exercise or to be tried with higher powers, as soon as they expect to, there are some undisclosed complaints against them, when the real reason may merely be that the High Court does not consider that they are quite ready to exercise them.
Part C]

Part C CONFERMENT OF CRIMINAL MAGISTERIAL POWERS ON OFFICERS POSTED AT DELHI

With the approval of the Delhi State Government, the Honble Judges have been pleased to issue the following instructions in regard to the conferment of criminal Magisterial powers on officers posted at Delhi: (1) Instructions contained in Part 3 of this Chapter will apply mutatis mutandis to Punjab Officers posted at Delhi. Copies of the lists mentioned in paragraph 6 thereof will be forwarded to Delhi State Government for information. Officers whose names are included in the various powers lists may be invested with such powers without any reference to the High Court. If, however, the name of any officer is not included in any list, the procedure laid down in paragraph 7 of Part 3 of that Chapter will be followed. (2) The procedure regarding conferment of magisterial powers on Officers who do not belong to the Punjab Service will be as under: (a) first and second class magisterial powers may be conferred by Government on the recommendation of the Deputy Commissioner provided that the officer concerned has exercised 3rd or 2nd Class powers, as the case may be, for six months. If it is considered necessary to confer first class powers on any officer who has not exercised second class powers for six months, a reference will be made to the High Court and its approval obtained; (b) higher powers, e.g., the powers of Section 30 or 260 [See Section 278 of new Code] Magistrate, Additional District Magistrate etc., will be conferred with the approval of the High Court. While making a reference to the High Court in this behalf, the fact that the officer concerned has already exercised such powers before his posting at Delhi will be communicated and the personal file containing annual reports on the work of the officer will be forwarded to the High Court along with such other information as may be necessary; (c) the procedure outlined at (b) above will also be followed in the case of conferment of powers of District Magistrate on any Officer.

(3) In accordance with the rules published with Delhi State Government Notification No. F. 2 (77) 54-Home, dated the 6th/8th July, 1955 (a copy of which forms as annexure to this Chapter) Honorary Magistrates are also appointed at Delhi. Rule 5 of these rules provided that summary powers will not ordinarily be conferred upon Honorary Magistrates. If, however, it is, considered necessary to confer such powers on any Honorary Magistrate, a reference will be made to the High Court and the procedure laid down in paragraph 2 (b) above will be followed. A reference will also be made to the High Court, if and when it is considered necessary to confer Section 30 powers on an Honorary Magistrate. (4) In all cases where a reference is made to the High Court by Delhi State Government for conferment of higher powers on a Magistrate already posted at Delhi, the views of the District and Sessions Judge, Delhi will be obtained and forwarded to this Court. As far as possible, the qualifications mentioned in paragraph 5 in Part B of this Chapter will be taken into consideration while conferring the powers of Section 30 or 260 Magistrate, Criminal Appellate Powers of an Additional District Magistrate.
ANNEXURE OFFICE OF THE CHIEF COMMISSIONER, DELHI Notification Delhi, Dated the 8th July, 1955

No. F.-2. (77)/54HomeThe Commissioner of Delhi is pleased to make the following revised rules for the appointment of Honorary Magistrates in the State of Delhi. Revised rules regarding appointment of Honorary Magistrates. These rules are subject to any rules that may be framed by the High Court regarding appointment, training or removal of Honorary Magistrates. 1. (a) Competent authority to make appointments of Honorary MagistratesAppointments of Honorary Magistrates shall be made by the State Government on the recommendation of the Selection Committee consisting of the following: 1. District and Sessions Judge, Delhi 2. District Magistrate, Delhi 3. Home Secretary to Government Delhi State, Delhi. The District and Sessions Judge will preside over the deliberation of the Committee and the District Magistrate will be the convenor. The proceedings of the Committee shall be confidential. The Committee shall consider names and suggestions which may be received by the District Magistrate from the individual desiring to be appointed as Honorary Magistrate or by way of

recommendation from other sources, or put forward by any member of the Committee. In all cases, the necessary enquiry shall be held by the District Magistrate and each case shall be put up before the Committee with all the information and facts available. The Committee shall drawn up approved lists separately for persons considered suitable for appointment as 1st and 2nd Class Magistrates in case the number of candidates exceeds the number of vacancies. This list shall be prepared in order of merit. In the event of a vacancy occurring the Convenor of the Committee shall notify the same to the other members indicating the person on the waiting list eligible for appointment to the vacancy. The members shall communicate their views to the Convenor and in case there is unanimity of views and the appointment is not for the post of a First Class Magistrate, the District Magistrate shall submit the recommendation to the State Government without calling a formal meeting of the Committee. (b) The Committee shall meet once in every quarter, the first meeting being held in month of February. 2. Qualifications of candidatesBefore recommending a person for appointment as an Honorary Magistrate, the Committee shall satisfy itself that he fulfils the following requirements : (a) AgeHe is not less than 30 years and more than 60 years of age. (b) Educational QualificationsHe has passed an examination equivalent to or higher than Intermediate or Higher Secondary Examination and is able to record the evidence and write judgments in English, Urdu or Hindi in his own hand and is capable of appreciating the evidence and forming a reasoned judgment. In case of those who have exercised powers as Honorary Magistrate before the educational qualifications shall be relaxed to a minimum of High School or equivalent standard. (c) ReputationHe has a good reputation and is a person of such character as to command the confidence of the public. (d) Physical ConditionHe should be in good physical and mental health. (e) IndebtednessHe is not heavily indebted. In determining whether the indebtedness is so heavy as to be a disqualification, regard shall be had to his assets and his ability to pay off his debts. In particular, the Committee shall consider whether the indebtedness is such that it may, in the opinion of the Committee, be a source of embarrassment to the Honorary Magistrate in the honest and impartial discharge of his duties or impair his usefulness as an Honorary Magistrate. (f) Sufficient Time and Leisure at his disposalHe has sufficient time and Leisure at his disposal to be able to hold Court for at least three days in the week during normal court hours. NoteLadies are eligible for appointment as Honorary Magistrates. 3. (a) Persons not eligible for appointments as Honorary MagistratesNo member of Parliament or State Legislature shall be eligible for appointment as an Honorary Magistrate.

(b) No person who is the President or Chairman or member of a Local body or Gaon Sabha or holds an elected public office or is in active political life shall be eligible for appointment as Honorary Magistrate. (c) No person who has been disqualified for having committed a corrupt practice in connection with an election to the Parliament or the State Legislature or to a Local Body and no legal practitioner who has been debarred from practice, shall be eligible for appointment as an Honorary Magistrate. (d) No person who has been convicted of an offence involving moral turpitude shall be eligible for appointment as Honorary Magistrate. (e) Ordinarily, a member of the legal profession shall not be eligible for appointment as an Honorary Magistrate. However, on the recommendation of the Committee, a Practising member of the Legal profession may be appointed as an Honorary Magistrate on his giving up the practice. 4. Training to persons appointed as Honorary MagistratesUnless the person recommended has previous experience of law and procedure in criminal courts or has already served as an Honorary Magistrate, his appointment shall be subject to his undergoing a course of practical training under a senior Stipendiary Magistrate. In the beginning he should familiarise himself with the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act under the guidance of such Stipendiary Magistrate and should watch the progress of trials in his court. After that he should be asked to take notes of evidence in criminal cases and write out his own judgment and submit them for the approval of the Magistrate. The period of such training shall normally be three months but may at the discretion of the District Magistrate be extended by a period not exceeding 6 months. At the end of this period if the. Magistrate certificates that the person selected is competent to conduct criminal trials and write proper judgments. Magisterial powers may be conferred. The District Magistrate, shall prescribe the mode and details of the training such as the type and number of cases each trainee is required to submit with notes and judgment to be recorded by him independently. 5. Powers to be conferred on Honorary MagistratesOn first appointment as an Honorary Magistrate will generally be invested with Second Class Powers. But a person who has previously exercised second class powers as an Honorary Magistrate at least for a period of one year or is a graduate of a recognised University or has practised as a lawyer may, if he is considered fit by the Selection Committee, be originally invested with first class Magisterial powers. Summary powers will not ordinarily be conferred upon Honorary Magistrates unless they are retired Judicial Officers. 6. Term of appointment of Honorary MagistrateThe first appointment of an Honorary Magistrate shall be for a period of one year or less, terminable on 31st March next following. After this period he may be appointed for a further term not exceeding three years. Thereafter the term may be renewed from time to time for further period not exceeding three years. The term of

an Honorary Magistrate should not be renewed beyond the age of 62 years. Any Honorary Magistrate shall be liable to be called upon to do law and order duties under instructions from the District Magistrate. The Government may, if it considers necessary, grant an Honorary Magistrate such conveyance allowance as it may consider reasonable. An Honorary Magistrate will take the oath of loyalty when he assumes office. He will comply with such directions as may be issued to him by the District Magistrate or such senior Magistrate as may be empowered in this behalf by the District Magistrate. An Honorary Magistrate desiring to resign his office shall be required to give the District Magistrate a months notice. 7. Recommendations for renewal, enhancement and withdrawal of powersAll recommendations for the renewal of the terms of Honorary Magistrates and for the enhancement of their powers shall be made by the Selection Committee at least one month in advance of the date of expiry of the term. Recommendations for the withdrawal of powers of Honorary Magistrates shall be made by the District Magistrate with the concurrence of the Selection Committee. Such a recommendation will be made only in exceptional cases such as abuse of position or patent unfitness of the individual. 8. Location of CourtsThe Court of an Honorary Magistrate or a Bench of Honorary Magistrates shall, unless otherwise permitted by Government, be held at the District or Tahsil headquarters or in Government or Government rented buildings. 9. Courts hoursEvery Honorary Magistrate or Bench of Honorary Magistrates shall hold Court during the hours prescribed by the District Magistrate, which should ordinarily be within the hours fixed for the sittings of Stipendiary Magistrates. The hours fixed by the District Magistrate, shall not be changed without his previous sanction. 10. Fixation of days for holding Courts by Honorary MagistratesThe District Magistrate shall fix at least three days in the week on which every Honorary Magistrate or Bench of Honorary Magistrates shall hold Court. The days fixed by the District Magistrate shall not be changed without his previous sanction. 11. Disabilities of Honorary MagistratesNo Honorary Magistrate shall take part in any election to a local body or to State Legislature or to the Parliament otherwise than by casting his vote as an elector. 12. Disqualifications of Honorary MagistratesShould any Honorary Magistrate subsequent to his appointment incur any of the disqualifications imposed in these rules he will render himself liable to the withdrawal of his Magisterial powers. 13. Inspection of Honorary Magistrates CourtsThe Court of every Honorary Magistrate or Bench of Honorary Magistrates should be inspected at least once a year by the District Magistrate or the Additional District Magistrate, whose report should be sent through the District and Sessions Judge to the State Government. 14. Rule 2 will not be applicable to persons appointed as Honorary Magistrates prior to the coming into force of these rules for their current term of office.

The Chief Commissioners Notification No. F.-2(83)/49 R & J, dated the 8th September, 1949 and No. F.-2(83)/49-R & J, dated 18th February, 1950 are hereby cancelled.

CHAPTER 1
Ch. 1

Superintendence and Control

Part A]

Part A SUPERVISION AND CONTROL

1. PreambleIn subsequent chapters, instructions are given on various matters connected with the supervision and control to be exercised by Judicial Officers generally over the ministerial establishments attached to their Courts, and by controlling officers over subordinate Judicial officers. A few general directions on the subject are here given for observance. 2. Supervision by Controlling Courts in executive mattersControlling Courts are required to exercise an active and continuous supervision over subordinate Courts in regard to all matters affecting the judicial administration and are not relieved of responsibility in regard to anything which may be found to be in an unsatisfactory state, unless they can show that they have done all that may reasonably be expected of them to have the directions of the High Court enforced and to prevent the occurrence of irregularities. 3. Supervision by controlling Courts in judicial workIn regard to judicial business District Magistrates and District Judges are not responsible merely for a proper distribution of work amongst the Courts, and for the disposal of appeals, but are required to see that subordinate Courts follow the prescribed procedure in all their proceedings and are not left without guidance in matters in which they may be found to be at fault or to be in want of instruction. The supervision to be exercised over inexperienced officers and officers in training should be specially vigilant and through, and their work should be watched with kindly interest, guidance being afforded them on all paper occasions. 4. Appellate Courts should point out to lower Courts errors and irregularitiesIt is very desirable that appellate Courts should, apart from disposing of appeals judicially, bring to the notice of subordinate Courts errors or irregularities in procedure which may be observed in the course of hearing appeals. Unnecessary adjournments; undue delay in disposing of cases; omission to hear cases on the days fixed; too harsh a use of the summary procedure allowed by law in cases in which defaults in attendance, or in producing evidence or the like, occur; failure to examine thoroughly the parties and to arrive at an intelligent appreciation of the points in dispute, and similar matters should always be brought to the notice of officers concerned in a note or memorandum separate from the judgment.

5. Presiding officer to acquaint himself with the Rules and Orders of High Court and to exercise supervision over the staffEvery Judicial officer is required to make himself acquainted with the law which he has to administer, and with the Rules and Orders of the High Court, and also to supervise the work of the ministerial officers attached to his Court. 6. Presiding Officers of Courts should observe regular Court hours; serious notice will be taken of habitual unpunctuality. The attention of District and Session Judges and District Magistrates is drawn to the necessity of seeing that the officers subordinate to them are punctual in attending Courts and to paying surprise visits, where necessary, to satisfy themselves. Periodical reports will not be made and a reference to the High Court will not be required if a report about a particular officer is necessary. 7. Court hours for Honorary MagistratesHonorary Magistrates or Benches of Honorary Magistrates in Delhi shall hold Court during the hours prescribed by the District Magistrate, Delhi and which should ordinarily by within the hours fixed for the sittings of Stipendiary Magistrates. These hours shall not be changed without the previous sanction of the District Magistrate. A copy of the order of the District Magistrate fixing the Court hours shall be affixed to the notice board outside the Court house for the information of the public.
Part B]

Part B PECUNIARY CONTROL

1. Responsibility of presiding office for proper accounting and application of money and property receivedThe presiding officer of every Court is responsible that the Registers and Accounts of his Court are regularly and correctly kept, and that money and property passing through his hands or dealt with under his orders, are duly accounted for and applied. Controlling officers should be careful to bring home this responsibility to officers serving under them. See also in this connection paragraph 7 of Volume I, Chapter 12-A. 2. Receipt of money orders during absence of presiding officerIt is the duty of the presiding officers of Courts to make adequate arrangements for the receipt of money orders during their absence on casual or vacation leave and they will be held responsible for seeing that money so received is duly brought to account in the treasury. 3. Prohibition against receipt of cheques from private personsPresiding officers are prohibited from accepting cheques from private persons in lieu of cash as cheques are not legal tender. The State Bank of India can accept cheques on clearing banks only for credit of Government accounts. 4. Supervision of pecuniary transactions by controlling officersSpecial vigilance is necessary in supervising the pecuniary transactions of the Courts, on the accounts and registers of subordinate Courts should be frequently and carefully inspected by controlling officers. 5. Defalcation in accounts or loss of public money should be reported(a) Whenever a defalcation in the accounts of any Court is brought to light or any loss of public money is discovered the fact should be forthwith reported and an inquiry instituted. When the matter has

been fully inquired into, a further and complete report should be submitted explaining the nature, and extent of the loss and the prospects which exist of effecting a recovery of the amount, whether in part or in whole. The report should further state the nature of the error or neglect of rules by which such defalcation was rendered possible and the names of the officers directly or indirectly responsible. (b) Reports will be submitted by the Senior Sub-Judge, or Judge, Small Cause Court (as the case may be), through the District and Sessions Judge, and by the latter (in regard to their own Courts direct) to the High Court. Copies of such reports will also be forwarded to the AccountantGeneral, Punjab, when the loss involved exceeds Rs. 200 or presents important features which merit detailed investigation and consideration, as required by Rule 2.34 of the Punjab Financial Rules, Volume I. 6. Directions as to receipt of money and property. Security to be taken from officialsIt should be remembered that the Government is responsible to the public for the proper application and disposal of all money and property received by public officers in the discharge of their duties as such. It is therefore desirable that money and property should in every case be received by or in the presence of a Judicial officer competent to deal with it, and that the person who delivers such money or property to the Court, or from whom it is taken in due course of law, should be granted a proper acknowledgment, on the prescribed form, signed by such Judicial officer or by a responsible officer authorized by Government in that behalf. The Government cannot hold itself liable for claims based on receipts on manuscript forms granted by unauthorized or irresponsible subordinate officials. Clerks of District Courts, Registrars of Small Cause Courts and Civil Nazirs and authorized to conduct certain pecuniary transactions, under the supervision and on the responsibility of the Judicial officer under whom they serve, but their action should be closely watched. The orders in regard to the security to be taken from all ministerial officers of the Judicial Department entrusted with duties of a pecuniary nature should be rigidly enforced. If any official is not able to furnish security in a lump-sum, it can be deducted from his pay in instalments as provided in paragraph 3 of Chapter 18-C of High Court Rules and Orders, Volume I. 7. Cancellation of stamps. Detection of fraud to be reported to High CourtIt is the duty of the presiding officers of every Court to supervise the cancellation, according to law of Court-fee stamps and labels attached to plaints, appeals, complaints, petitions and applications filed in his Court or received on account of process-fees. Section 30 of the Court-fees Act provides that no document requiring a stamp shall be filed or acted upon in any proceedings in any Court or office until the stamp has been cancelled. Cancellation is to be effected by punching out the figure head, so as to leave the amount designed on the stamp untouched, and the part removed by punching must be burnt or otherwise destroyed. The rules on the subject made by the High Court will be found in Chapter 4 of this volume. These rules must be strictly observed in order to prevent fraud. Unless labels are properly cancelled, they may be removed from the documents to which they are attached and used again. Several instances have come to light in which Court-fee labels have been removed from records, or otherwise tampered with, and controlling officers should exercise vigilant supervision in the matter. Where any frauds come to light, they should be forthwith brought to the notice of the High Court.

8. Instructions regarding deposit of money received by a Government servantAttention is drawn to Article I, Civil Account Code, Volume I, as amended by correction slip No. 8, dated the 1st April, 1935 read with Treasury Order 7, reproduced in Appendix 8-C ibid, under which all moneys received by a Government servant in his official capacity as dues of Government, or for deposit in the custody of Government, must without undue delay be paid into the Treasury on the same day or on the morning of the next day at the latest as a Revenue or Civil Court deposit according to rules applicable to such deposits. 9. Responsibility for loss on account of over-payment of pay, etc.Attention is drawn to the orders contained in Article 17 of the Civil Account Code, Volume I, under which drawers of bills and controlling officers can be called upon to make good the losses incurred by Government on account of over payments of pay and allowances caused by lack of supervision. 10. Rules relating to the supply of liveries, summer clothing, belts, cross belts, badges and warm clothing are contained in Appendix 16, Punjab Financial Rules, Volume II (1940 edition). For the supply of belts and badges to bailiffs and process servers, see paragraph 8 of Chapter 6-A of this Volume.
Part C, D, E]

Part C INSPECTION OF SUBORDINATE COURTS (The Instructions contained in this Part do not apply to the Union Territory of Delhi.) Part D REPORTS ON THE WORK OF JUDICIAL OFFICERS (The Instructions contained in this Part do not apply to the Union Territory of Delhi.) Part E ASSUMPTION AND RELINQUISHMENT OF CHARGE OF APPOINTMENTS BY JUDICIAL OFFICERS

1. Report of assumption and relinquishment of chargeThe assumption and relinquishment of charge of judicial appointments should invariably be reported to the High Court and the Accountant-General, Punjab, without delay. 2. Relieving officer should see that public money and property is duly taken over Relieving officers should in all cases satisfy themselves, at the time of taking over charge, that all public money or property (including books supplied) pertaining to the office or in the custody of the officer relieved or the ministerial officers of his Court, is duly taken over and accounted for.

3. Transfer of charge report and key of the safeWhen a District and Sessions Judge is transferred, the transfer of charge report sent to the High Court should contain a note stating that the key (and the Treasurers receipt for the duplicate key) of the iron safe provided for the custody of Wills has been taken over by the relieving officer. 4. Relieving officers responsibility for deficiencyUnless the relieving officer reports, at the time of taking charge, that any money or property is deficient, he will be held responsible for the deficiency. 5. Certificate to accompany the relinquishing charge reportRelinquishing charge report submitted to the High Court by District and Sessions Judge, Judges and Registrars of Courts of Small Causes, and Subordinate Judges should invariably be accompanied by certificates to the effect that they have written judgments in all cases in which they had heard arguments. 6. Cases in which charge reports to be submitted to GovernmentOn the posting or transfer of a District and Sessions Judge, an Additional District and Sessions Judge, an Assistant Sessions Judge, a Judge or Registrar of a Court of Small Causes, or an Assistant Commissioner undergoing judicial training, a charge report will also be submitted promptly to the Chief Secretary to Government, Punjab.
Part F]

Part F ACQUISITION AND DISPOSAL OF IMMOVABLE AND OTHER VALUABLE PROPERTY BY JUDICIAL OFFICERS AND THE SUBORDINATE CIVIL COURTS ESTABLISHMENT

1. Rules governing acquisition of immovable propertyRules relating to the acquisition and disposal of immovable and other valuable property by Government servants under the rule making powers of the Punjab Government are contained in Rules 8, 9 and 10 of the Government Servants Conduct Rules, 1955, which are reproduced below : 8. Buying and selling houses and other valuable propertySave in a case of a transaction conducted in good faith with a regular dealer or when permitted under Rule 9, a Government servant who intends to acquire or dispose of any movable or immovable property exceeding in value of Rs. 200 from or in favour of any person residing, possessing immovable property or carrying on business within the local limits of the official authority of such Government servant shall declare his intention to the Government. The declaration shall state fully the circumstances, the price offered or demanded, and in the case of an acquisition or disposal otherwise than by purchase or sale, the method of acquisition or disposal, and the Government servant shall thereafter act in accordance with such orders as may be passed by the Government. Provided that a Government servant who is about to leave the local limits of his official authority may, without reference to the Government, dispose of any of his movable property by circulating lists of it among the public generally or by causing it to be sold by public auction. 9. Acquiring immovable propertyNo Government servant shall, directly or indirectly acquire any immovable property except with the previous sanction of the Government.

10. Control over movable and immovable property held or acquired by Government servant Subject to any general or special order of the Government every Government servant shall make to the Government through the usual channel, a declaration of all movable and immovable property from time to time held, or acquired by him or by any member of his family as defined in Rule 2(2). The declaration shall contain such information as the Government may by general or special order require. The term movable property shall mean the following items : (1) Cash, Jewellery, bullion, bank deposits, Insurance policies, shares, securities, and debentures (2) Loans advanced whether secured or not. If secured, nature of the security, i.e., ornaments, simple pronote or mortgage deeds with or without possession. (3) Motor cars, motor cycles, horses, and/or any other means of conveyance. (4) Refrigerators. (5) Milch cattle. 2. Acquisition of property for making profit amounts to misdemeanourIn connection with the acquisition of immovable property, it may be pointed out that if a person who is employed or concerned in the collection of revenue or the administration of justice buys one or more properties for the purpose of making a profit by selling or letting it to others, he is guilty of misdemeanour; and the State Government and authorities empowered by the State Government in this behalf, have been warned against the exercise of the discretion given by Rule 9 of the Government Servants Conduct Rules, 1955, in such a way as to give their sanction to a misdemeanour. The previous sanction of the Punjab Government, or the authorities empowered by Punjab Government in this behalf must, therefore, be obtained in all cases of acquisitions of property by Government servants, whether for residential or other purposes, in order that the sanctioning authority may satisfy itself that the proposed action of the Government servant, in acquiring land or other property, would not amount to a misdemeanour.
(Punjab Government Circular Endorsement No. 28656-H-Gaz., dated the 9th October, 1928)

3. Previous sanction of the Honble Judges to be obtained for acquisition of property Attention is drawn to Rule 9 of the Government Servants Conduct Rules, 1955, which requires that the previous sanction of the Government shall be obtained before any immovable property is acquired by a Government servant. Subordinate Judges and members of all judicial establishments are, therfore, bound to obtain the previous sanction of the Honourable Judges in all cases of acquisitions of immovable property, the purpose of acquisition being clearly stated in the application. Officers holding listed posts serving in the Judicial Department must obtain the sanction of the Punjab Government through the High Court. NotePower to convey sanction in the cases of Subordinate Judges and judicial establishments has been vested in the Honourable Judges (Punjab Government Notification No. 21175-Home Department-Gazette-Powers, dated the 17th July, 1928).

4. Mortgages of a permanent nature on immovable property requires previous sanction For the purposes of Rule 9 of the Government Servants Conduct Rules, 1955 the Punjab Government has decided that the term Immovable Property includes a mortgage of a permanent nature, and, therefore, the acquisition of such a mortgage requires the previous sanction of the competent authority. A mortgage of a permanent nature is one in which there is not likelihood of the mortgaged property being redeemed by the mortgagor. Each case of this kind will be dealt with on its merits, and normally permission will be given. Where, however, there are suspicious circumstances, e.g., such as might suggest that undue influence has been brought to bear, or the conditions of the mortgage are unusually favourable to the mortgagee or, if the mortgaged land is in the district in which an officer is serving or has recently served, permission will normally be refused.
(Punjab Government Circular Letter No. 19431 (H-Gaz.), dated the 21st May 1935, and No. 7990-A.G. 36/1940 (H-Gaz.), dated the 18th January, 1937.)

5. Declarations of movable and immovable propertyRule 10 of the Government Servants Conduct Rules, 1955, require every Government servant to make through proper channel, declaration of movable and immovable property acquired by him or any member of his family as defined in Rule 2(2) ibid {see paragraph 6 below). The following instructions should be observed in the submission of returns of movable and immovable property so far as Government servants under the rule making powers of Punjab Government are concerned: (1) (a) Declaration of movable propertyThe items which are included in the term movable property have been detailed in Rule 10 ibid. A declaration of movable property in the form prescribed at Annexure I should be made by every Government servant annually. (b) Declaration of immovable propertyThe declaration of immovable property was also required to be submitted by every Government servant under the old Government Servants Conduct Rules. A declaration of immovable property in the form prescribed at Annexure II should be made by every Government servant annually. (2) According to Rule 10 ibid, the declarations of movable and immovable property are to be submitted to Government through usual channel. It has been decided that these declarations should be maintained by the appointing authority. If the Head of Office/Department is the appointing authority the declarations of the Government servants concerned should be collected by him by the 1st of May each year and should cover the preceding financial year. In case of those Government servants whose appointing authority is Government the declaration should be collected by the Head of Office/Department by the 7th April each year and submitted to Government by the 1st of May. In the case of the P.C.S. Officers working in districts the declarations should be submitted by the Deputy Commissioners on the 7th April each year to the Commissioners of Divisions and by the latter to Government by the 1st of May. (3) These declaration forms should constitute a separate file in respect of each Government servant which should be appended to the personal file of the official concerned. (4) These returns should be scrutinised as they are received so that particular enquiries if considered necessary, may be made from the Government servant concerned.

To be treated as confidential documents-These instructions should be carefully observed by all concerned. The declarations both for movable and immovable property should be taken from all the Government servants covered by these instructions regularly and should be treated as confidential documents. Declaration of officers of P.C.S. (Judicial Branch)The declarations submitted by the members of the P.C.S. (Judicial) should be maintained in the High Court as heretofore. Members of All-India Services governed by separate instructionsThe members of All-India Services are governed by the All-India Services (Conduct) Rules, 1954. Necessary instructions in respect of them for the submission of such declarations have been issued separately (see paragraph 8).
(Punjab Government Circular Letter No. 637-G-56/19033, dated the 16th March; 1956.)

6. Members of a Government servants family definedRule 2(2) of the Government Servants Conduct Rules, 1955, is as follows : 2 In these rules ************ (2) Member of a Government Servants family includes (a) his wife, child or step-child, whether residing with him or not, and (b) any other relative of his or his wifes dependent on and residing with him, but does not include a wife legally separated from the Government servant, or a child or step-child who is no longer in any way dependent upon him or of whose custody the Government servant has been deprived by law. 7. Annual declaration by Judicial officers and members of Subordinate Civil Courts establishmentsThe Punjab Government has decided that every officer serving in the Judicial Department and member of the Subordinate Civil Courts establishment should write up his declaration annually or record certificate thereon that there have been no additions to his immovable property during the previous year or to that of his relative referred to in paragraph 6. Each District and Sessions Judge will, therefore, submit to the High Court not latter than the 1st of May each year the prescribed declarations in respect of himself and of all judicial officers serving in his Sessions Division. He will obtain the declarations of members of the Subordinate Civil Courts establishments serving under his control and keep them with the service books or the character rolls of the persons concerned. 8. All India Services Conduct Rules, 1954. Declaration under the Rule 15(3)Sub-rule (3), of Rule 15 of the All-India Services (Conduct) Rules, 1954, enjoins that every member of the Service, on first appointment to the service and thereafter at the interval of every twelve months shall submit a return of immovable property owned, acquired or inherited by him, in such from

as the Government may prescribe under this rule. The Government of India have accordingly prescribed the form given in annexure III of the declaration to be submitted under this rule by officers of the All-India Services serving in connection with the affairs of the Union or serving under a foreign Government or outside India. The Government of India have decided in this connection that officers serving in connection with the affairs of the Union or serving under a foreign Government or outside India should submit their returns in duplicate, one copy of which will be forwarded to the State Government concerned. Officers serving in connection with the affairs of a State should also submit the return in duplicate, one copy being forwarded to the Government of India in the Ministry of Home Affairs. It is also the intention of the Government of India that there will be no regular and continuous scrutiny of the returns received by them. The returns will be preserved, and the returns of a particular officer will be scrutinised only when an occasion for such scrutiny arises. The State Governments may consider adopting the same course in respect of the returns of officers serving under them. In order to ensure this, officers should submit the returns in separate sealed covers superscribed as follows: Statement of immovable property furnished under Rule 15(3) of the All-India Services (Conduct) Rules, 1954, on first appointment/for the year............ Name (in block letters) Service, Cadre and designation of the officer.
____________ {Government of India, Ministry of Home Affairs, Letter No. 8/2/54-A.I.S. (II), dated the 8th November, 1955, and Punjab Government Letter No. 15355-G-55/1521, dated the 7th January, 1956).

9. Benami transactionsThe Punjab Government have decided that benami transactions in which Government servant appears as the nominal purchaser should also be reported to Government or the authorities competent to sanction such acquisitions, and sanction obtained from them in accordance with the orders in paragraphs 2 to 4. Any acquisition of property which a Government servant makes in anothers name should also be similarly reports. All such transactions should also be shown in the annual declarations mentioned in paragraphs 5 and 7.

(Punjab Government Circular Letter No. 6123-G-40/40509 (H- Gaz.), dated the 15th October, 1940.)
ANNEXURE I [See paragraph 5(1)(a)] Declaration form for movable property under Rule 10 of the Government Servants Conduct Rules, 1955. Name and designation of the Government servant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . .................................................. Statement made on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (date) (a) (i) Cash, jewellery, bullion, Bank deposits, Insurance Policies, shares, securities and debentures. (ii) Motor Cars, Motor cycles, horses, and/or any other means of conveyance. (iii) Refrigerators (iv) Milch cattle.
Serial Description No. of Items Values *Name of the member of the Government servants family and Benamidar (if any) in whose name the asset is held Date and manner of fresh acquisition during the year Remarks

(b) Loans advanced, whether secured or not. If secured nature of the security, i.e., ornaments, simple pronote or mortgage.
Serial Amount No. of loan If loan is secured one nature of the security with its approximate value *Name of the member of the Government servants family who has advanced the loan Name with description of the loanee State with Remarks other particulars of the loan

* Note The expression member of a Government servents family is to be interpreted according to the definition in Rule of the Government Servents Conduct Rules, 1955.

ANNEXURE II [See paragraph 5(1)(b)] Declaration by ............................................ of the immovable property held by him and members of his family.............................................. Notes(1) All interests in land of a permanent nature, whether ownership, mortgage, or hereditary, occupancy, should be entered; also dwelling houses in towns. (2) Members of a Government servants family are those mentioned in Rule 2(2) of a Government Servants Conduct Rules, 1955; and in showing the holding of each, if a holding is Benami, the name of the Benamidar should also be mentioned. (3) Particulars in regarding to family holdings should be indicated separately. In what district, tahsil and village situated Description of holding with area and assessment How and when acquired (e.g., by inheritance, regift, purchase, etc.)

ANNEXURE III [See paragraph 8] Statement of immovable property on* first appointment/for* the year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... 1. Name of officer (in full) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Cadre of the State on which borne . . . . . . . . . . . . . . . . . . . . . . . . . and service to which the officer belongs 2. Present post held . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. Present pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name of district, sub-division, tahsil, and village in which property is situated

Name and details of property+ Housing and other building 2 Lands

Present value

If not in own name, state in whose name held and his/her relationship to the member of the service

How acquired whether by purchase, lease, mortgage, inheritance, gift or otherwise with date of acquisition and name with details of person/ persons from whom acquired

Annual income from the property

Remarks

Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
* Inapplicable to be struck out. In cases where it is not possible to assess the value accurately the approximate value in relation to present conditions may be indicated. + Includes short-terms lease also.
NoteThis declaration form is required to be filled in and submitted by every member of the I.A.S./I.P.S. under Rule 15(3) of the All-India Service (Conduct) Rules, 1954, on first appointment to the Service, and thereafter at the interval of every twelve months giving particulars of all immovable property owned, acquired or inherited by him on lease or held by him or mortgage, either in his own name or in the name of any member of his family or in the name of any other person.
Part G]

Part G POSITION OF ADDITIONAL DISTRICT AND SESSIONS JUDGES

1. It has been brought to the notice of the Judges that some misunderstanding exists regarding the position of Additional Judges in relation to the District Judge of the district to which they are attached. To remove this misunderstanding, they consider it necessary to bring to the notice of Additional Judges and Additional Sessions Judges the exact position which they occupy both in administrative and in judicial matters. 2. Additional Judge is subordinate to District Judge in administrative mattersIn administrative matters, the position of the District Judge is defined in Section 33 of the Punjab Courts Act, 1918. Subject to the general superintendence and control of the High Court, the District Judge is to have control over all Civil Courts under that part of the Act and within the local limits of his jurisdiction; and the Court of an Additional Judge is included among such Courts by the earlier Section 18. It follows that for purposes of administrative control such as the grant of casual or other leave, appointment of ministerial staff and general discipline, the Additional Judge is subordinate to the District Judge; and that all correspondence with the High Court should ordinarily be addressed through the District Judge. 3. District Judge may assign any of his judicial functions to the Additional JudgeIn judicial matters, Section 21 of the Act provides that an Additional Judge shall discharge any of the functions of a District Judge which the District Judge may assign to him; and by Section 34 of the District Judge may distribute civil business among the Courts under his control in such manner as he thinks fit. Once the functions of a District Judge have been assigned to an Additional Judge, the Additional Judge exercises, in the discharge of those functions, the same powers as the District Judge himself. It is only in respect of the functions actually assigned to him, however, that the Additional Judge enjoys these powers; and the functions so assigned will, as a general rule, be purely judicial functions.

4. Position of Additional Sessions JudgeThere is no similar statutory provision defining the administrative position of Additional Sessions Judges : but their position is analogous to that of Additional Civil Judges and they should be regarded as under the general control of the Sessions Judge. Under Sections 193, 409 and 438 (Sections 193, 194, 381 and 400 of new Code) of the Code of Criminal Procedure, the Sessions Judge is empowered to make over cases to them for trial or hearing. 5. Additional Judge to be acquainted with the orders passed by the District JudgeAll officers who may be posted from time to time as Additional Judges or as Additional Sessions Judges may be made acquainted with these orders by their District and Sessions Judges.
Part H]

Part H APPEARANCE OF LEGAL PRACTITIONERS IN COURTS IN WHICH THEIR RELATIVES HELD OFFICIAL POSITIONS.

1. No legal practitioner should appear professionally before any judicial officer to whom he is nearly related, or in any Court where a near relative of his holds the post of Superintendent, Reader, or Stenographer to the Presiding Officer, or any other position which necessitates his presence in Court, during the hearing of cases. 2. The term near relative includes father, brothers, sons, nephews and uncles on either side, brother-in-law, sons-in-law and father-in-law. 3. These orders do not apply to cases of relationship between Public Prosecutors and other members of the Bar. 4. If any breach of the instructions contained in paragraph 1 above is brought to the notice of the District Judge or District Magistrate, the matter should at once be reported to the High Court for orders. (High Court Letter No. 4592-G, dated the 18th June, 1927, and No. 8448-G, dated the 5th December, 1927).

Part F RULES UNDER SECTION 3 OF DESTRUCTION OF RECORDS ACT, 1917 Notification

Rules made by the High Court of Punjab under Section 3 of the Destruction of Records Act 1917, with the previous sanction of the State Government for the disposal, by destruction or otherwise, of such documents in the possession or custody of the Courts of civil and criminal jurisdiction subordinate to the High Court as are, in the opinion of the High Court, not of sufficient public value of justify their preservation.
Rules A. General

1. Timely destruction of recordsAll judicial records and registers which, under these rules, become liable to destruction, shall be destroyed as soon as the period for their retention has expired: Provided that the District Judge in the case of Civil Judicial records, the Sessions Judge in the case of records of the Court of Sessions and the District Magistrate in the case of Magisterial records may order, for reasons to be specified, that any particular paper or the record of any particular case be preserved beyond such period. 2. Manner of destruction and disposal of waste paperThe destruction of such records and registers shall be carried out under the supervision of the Record Keeper and shall be effected by tearing, care being taken that all court-fee stamps have been duly cancelled. The paper shall then be sent to the nearest paper-making jail [list given in note (II) below after ascertaining from the jail concerned whether it does require the waste paper. The paper should be sold in the open market if the reply of the Jail is in the negative; the sale proceedings being credited to the head XXIAdministration of JusticeMiscellaneous Fees and Fines-Judicial Record Room Receipts. Notes (i) In the case of Small Cause Courts the work of destruction shall be carried out under the supervision of the Registrar. (ii) The following are the paper-making jails: (1) Ambala District Jail. (2) Hissar District Jail. (3) Gurdaspur District Jail. 2-A. Documents of a secret or confidential nature should not be sold but destroyed by being burnt under proper supervision.

3. Arrangement of certain civil records in three partsThe following Civil Records shall be arranged in three parts A, A(i) and B, namely, those of (1) suits involving the title to immovable property as defined in Section 3, clause 25 of the General Clauses Act, 1897, other than suits for arrears of rent, or for a share in the produce, when the right is not disputed and only the amount contested; (2) suits relating to succession to an office, or to establish or set aside an adoption, or otherwise determine the status of an individual, and all suits relating to trusts or religious endowments; (3) Proceedings under the Indian Succession Act, 1925 and under the repealed Acts entered in Schedule 9 of that Act; (4) Proceedings under the Indian Divorce Act, 1869. Part A shall contain the following papers: (1) The index of papers. (2) The order sheet or chronological abstract of order. (3) The plaint together with any schedule annexed thereto. NoteIn miscellaneous cases the petition or written application of the party setting the Court in motion will take the place of the plaint. (4) The written statements and pleadings of the parties. (5) The memorandum of issues with amended or additional issues, if any. (6) All depositions of witnesses. (7) All documents received by the Court during the trial, as evidence between the parties other than copies of Civil, Revenue or Municipal records. (8) Commissions proceedings held thereunder, and reports of Commissioners. (9) Applications to refer to arbitration, the award of other final return of the arbitrators, with the proceedings, dispositions and documents submitted therewith and, any application to set aside the award with the Courts orders thereon. (10) Instruments of withdrawal, compromise or confession of judgment. (11) The Judgment or other final order. (12) The decree and all documents relating to the preparation or amendment thereof.

(13) All notes in the handwriting of the Judge. (14) Any order by the Court accepting an application for review of judgment or for a new trial. (15) Judgments and decrees of Appellate Courts, if any. (16) All orders passed in execution proceedings with applications, objections, writs of which service has been effected, notices, reports and returns relating thereto. (17) All receipts and acknowledgements filed in execution proceedings. (18) Processes by which service is effected on the defendants in civil suits decided ex parte. (19) Powers of attorney of Counsel or agents of parties. Part A (i) shall contain the following papers: (1) Copies of Civil, Revenue and municipal record received by the Court during the trial as evidence between the parties. (2) Applications of parties who are strangers to the suit with the Courts orders thereon. (3) Reports furnished by the Record Department. (4) Orders of arrest or attachment before judgment with all documents relating thereto. (5) Applications for review of judgment or for a new trial, with the Courts orders thereon, other than orders accepting such applications. Part B shall consist of all papers not included in Parts A and A(i)
B. Judicial Records

[4. Records to be divided into two parts A and BAll other Civil records and proceedings under the Delhi Rent Control Act, 1958 and all Criminal records shall be arranged in two parts A and B.]
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5. Papers included in parts A and B of Civil record.In the case of such other Civil Records Part A shall contain the following paper: (a) In original cases, other than those to which Rule 3 applies, heard by any Court other than a Court of Small Causes. Those papers specified in Rule 2 as contained in Parts A and A(i) (b) In cases heard by a Court of Small Causes

(1) The index of papers. (2) The order sheet or chronological abstract of orders. (3) The plaint with the papers annexed thereto. (4) Any cross-claim set up by the defendant by way of set-off. (5) All documents received by the Court during the trial as evidence between the parties. (6) Any award of arbitrators, or deed of withdrawal, compromise or confession of judgment. (7) The judgment or other final order. (8) The decree. (9) All notes in the handwriting of the Judge. (10) Any application for review of judgment, or for a new trail, with the Courts orders thereon. (11) Any order passed by the High Court as a Court of reference or revision. (12) All orders passed in execution proceedings with all applications, writs of which service has been affected, notices, reports and returns relating thereto. (13) All receipts and acknowledgements filed in execution proceedings. (14) Written statements of parties. (15) Processes by which service is effected on the defendants in suits decided ex parte. (16) Powers of attorney of Counsel or agents of parties. (c) In appeals cases (1) The index of papers. (2) The order sheet or chronological abstract of orders. (3) The petition of appeal. (4) Copies of judgments and decrees of Lower Courts. (5) Any cross-objection filed by the respondent under Order XLI, Rule 22 of the Code of Civil Procedure.

(6) Issues referred for trial by the Appellate Court, with the evidence and findings thereon. (7) Commissioners proceedings held thereunder, and reports of Commissioners. (8) Any additional evidence, oral or documentary admitted by the Appellate Court under Order XLI, Rule 27, of the Code of Civil Procedure. (9) Application to the Appellate Court to refer to arbitration, references, the award or other final return of the arbitration with the proceedings, despositions and documents submitted therewith and any applications to set aside they award, with the Courts order thereon. (10) Deeds of withdrawal, compromise or confession of judgment. (11) The judgment or other final order. (12) The decree of the Appellate Court. (13) All notes in the handwriting of the Judge. (14) Applications for review of judgment, with the Courts orders thereon. (15) Any judgment and decree of a superior Court of appeal. (16) Powers of attorney of Counsel or agents of parties. Part B shall consist of all papers not included in Part A. 6. Papers included in Parts A and B of Criminal recordIn the case of criminal records Part A shall contain the papers noted below: (a) In original cases tried by a Court of Session (1) The index of papers. (2) The order sheet or chronological abstract of order. (3) The charge, original and as amended by the Sessions Judge. (4) All depositions of witnesses and statements of accused persons, including depositions and statements transferred from the file of the Committing Magistrate. (5) All documentary evidence. (6) The final order. (7) The verdict of the jury.

(8) All notes in the handwriting of the Judge. (9) The judgment or order of the High Court as a Court of Appeal, reference or revision. (10) Warrants returned after execution of sentence. (11) All proceedings relating to the realization of fines. (b) In Magisterial inquiries and trials (1) The index of papers. (2) The order sheet or chronological abstract of orders. (3) The final Police report (Challan), or petition of complaint. (4) All depositions of witnesses and statements of accused persons. (5) All documentary evidence. (6) The charge, where a formal charge is drawn up. (7) The final order of the Court. (8) All notes in the handwriting of the Magistrate. (9) The judgment of the Appellate Court, if any. (10) The judgment of the High Court in revision, if any. (11) Warrants returned after execution of sentence. (12) All proceedings relating to the realization of fines. (13) Bonds for good behaviour taken under Section 110 of the Code of Criminal Procedure. (c) In appeal cases (1) The index of papers. (2) The order sheet or chronological abstract of orders. (3) The petition of appeal. (4) Copy of the judgment of the Lower Court.

(5) Any additional evidence taken under Section 428 of the Code of Criminal Procedure. (6) The final order of the Court. (7) All notes in the handwriting of the Judge. Part B shall consist of all papers not included in Part A. 7. Records to be preserved in perpetuityThe following records shall be preserved in perpetuity: (1) Part A of all suits and appeals involving title to immovable property as defined in Section 3, clause 25, of the General Clauses Act, 1897. NoteIn suits for arrears of rent or for a share in the produce, when the right is not disputed and only the amount is contested clause 1 of Rule 12 will apply. (2) Part A of all suits and appeals relating to the succession to an office or to establish or set aside an adoption or otherwise determine the status of an individual and of all suits and appeals relating to trusts or religious endowments. (3) Records of attachment, sale and delivery of immovable property in execution of decrees, including all objections, proceedings and orders thereon. (4) Part A of proceedings under the Indian Succession Act of 1925, and the repealed Acts entered in Schedule 9 of that Act. (5) Part A of proceedings under the Indian Divorce Act, 1869. (6) Records relating to the disposal of immovable property forfeited to Government under Section 62 of Indian Penal Code. (7) Insolvency proceedings under the Provincial Insolvency Act, 1920, where the Court has decided a question of title to immovable property under Section 4 of the Act. (8) Correspondence with other offices on matters connected with the administration of justice, including annual reports and the statements appended thereto: provided that heads of offices may, with the previous sanction of the District Judge, order the destruction after three years, of any correspondence of a merely formal or ephemeral character, after personally satisfying themselves, in regard to each paper ordered to be destroyed, that its retention is no longer necessary. Also, annual confidential reports on the work of Magistrates and subordinate Judges, stipendiary and honorary, may be destroyed five years after the end of the year of which they relate. (9) Part A of proceedings under the Indian Lunacy Act IV of 1912.

(10) Part A proceedings under the Companies Act, 1956 (No. I of 1956) or under the Banking Companies Act (X of 1949). NoteA list of all papers which it is proposed to destroy under this clause must be prepared and, in the case of a subordinate office, be submitted to the District Court for sanction. This list will be preserved in perpetuity. 8. Records to be preserved for 60 yearsThe following records shall be preserved for sixty years and shall then be destroyed: (1) Part A of proceedings under Sections 1 and 8 of Regulation XVII of 1806. 9. Records to be preserved for 50 yearsThe following records shall be preserved for fifty years and shall then be destroyed: (1) Part A of proceedings under the Guardians and Wards Act, 1890, and under Act XL of 1858 and IX of 1861, other than those in which the petitions have been rejected. (2) Records of Insolvency proceedings under all Acts other than those falling within Rule 7(7) which have not been destroyed previously under Rules 11 and 13. The period of fifty years shall be taken in run from date of the order of adjudication. (3) Part A of the cases relating to any of the offences specified in Section 44 of the Code of Criminal Procedure, as offences of which all persons are bound to give information, in which any of the suspected persons have escaped apprehension: provided that, whenever it is known that the offender or offenders on whose account such records are kept, are dead, the records may be destroyed. (4) Part A of criminal cases in which the offence is punishable with death, and it is not known who the offender is. NoteThe records specified in clauses 3 and 4 when the time comes, when under ordinary circumstances they would be liable to destruction, shall be removed to a separate bundle of cases of absconding and unknown offenders. (5) Part A of criminal cases in which a lunatic is concerned, unless the lunatic shall have been subsequently tried or have died. 10. Records to be preserved for 20 years.The following records shall be preserved for twenty years and shall then be destroyed: (1) Part A(i) the Civil records specified in Rule 3 above. (2) The charge, finding and sentence in cases in which conviction has been had of an offence for which enhanced punishment is provided on a second or subsequent conviction.

(3) Part A of cases in which any public servant has been tried, whatever may have been the result of the case. (4) Part A of all Civil suits and appeals, other than suits and appeals falling under Rule 7, where one of the parties is a minor suing or sued through a guardian under Order XXXII of the Code of Civil Procedure. (5) Part A of Criminal cases relating to any offences other than those specified in Section 44 of the Code of Criminal Procedure in which any suspected persons have escaped apprehension provided that, whenever it is known that the suspected offender or offenders on whose account such records are kept, are dead, the records may be destroyed. [(6) Part A of all proceedings under Delhi Rent Control Act, 1958 seeking possession including Sections 14, 14A, 14B, 14C, 14D, Sections 21, 22, 24 of the Act and all proceedings for fixation of standard rent under Section 6 and Section 9(4) of the Delhi Rent Control Act].
1

11. Records to be preserved for 12 yearsThe following records shall be preserved for twelve years and shall then be destroyed unless their preservation for a longer period is necessary on the special grounds noted below: (1) Part A of Sessions cases: provided that, if the sentence has not been fully executed, the record shall be preserved until the return of the warrants, and then destroyed. (2) Part A of cases under Chapter XXXVI of the Code of Criminal Procedure in which maintenance is awarded. (3) Insolvency proceedings under the Provincial Insolvency Acts where immovable property is involved. The period shall be taken to run from the date of the order of the Court declaring the insolvent discharged from further liability in respect of the scheduled debts. (4) Part A of proceedings under the Guardians and Wards Act, 1809, and under Act XL of 1858 and IX of 1861 in which the petitions have been rejected. 12. Records to be preserved for 6 yearsThe following records shall be preserved for six years and shall then be destroyed unless their preservation for a longer period is necessary on any of the special grounds noted below: (1) Part A of all Civil suits and appeals other than suits and appeals falling under Rule 7: provided that, if the decree has not been fully executed or become incapable of further execution. Part A must be preserved until such time as the decree has been fully executed or become incapable of further execution. Note 1A note of all cases destroyed in District offices under this clause shall be made at the time of destruction in the list of cases put up with the village bundle.

Note 2In January, April, July and October, each the record-keeper will receive from Civil Courts vide paragraph 1 of Chapter 16-A, Part III, Rules and Orders, Volume IV, lists of execution cases in respect of records which are six years old or about to become six years old in which decrees have been fully executed or have become incapable of further execution. On the receipt of these lists, the record-keeper should make a note to this effect on each file and he should not destroy and file unless it contains this note without ascertaining whether the decree has been fully executed or has become incapable of further execution. Note 3Only such portion of the record, if any, as relates to the attachment, sale and delivery of immovable property in execution of decrees, including all objections, proceedings, and orders thereon should be taken out and preserved permanently as required by Rule 7 when the record is destroyed under Rule 12. (2) Part A of cases trial by the Magistrate of the District under Section 30 of the Code of Criminal Procedure, in which he has inflicted a heavier punishment than might have been inflicted by a Magistrate of the first class: provided that, if the sentence has not been fully executed, the record shall be preserved until the return of the warrant and then destroyed. (3) Records relating to the realization of fines of Criminal Courts. [(4) Part A of proceedings under Delhi Rent Control Act, 1958 other than proceedings mentioned under Rule 10(6) including proceedings under Sections 13, 23, 26, 27, 31, 34,44 and 45 of Delhi Rent Control Act, 1958]
1

13. Records to be preserved for 3 yearsThe following records shall be preserved for three years and shall then be destroyed: (1) Insolvency proceedings under the Provincial Insolvency Acts where no immovable property is involved. The period shall be taken to run from the date of the order of the Court declaring the insolvent discharged from further liability in respect of the scheduled debts. (2) Records of Criminal cases inquired into or tried by Magistrates and not otherwise provided for in these rules. (3) Part A of appeals from orders passed by the Magistrates. (4) All correspondence between the District Magistrate or District Judge and Subordinate Courts, and other records, periodical statements, reports, proceedings, applications, etc., not expressly provided for in these rules: provided that, in respect of records falling under this clause, heads of offices must exercise their discretion in preserving reports, returns and proceedings likely to be useful in the future, as containing the result of inquiries or other information, or the opinions of experienced officers on matters connected with the general administration of justice. 14. Records to be preserved for 1 yearThe following records shall be preserved for one year and shall be destroyed:

(1) Part B of all civil and [proceedings under the Delhi Rent Control Act, 1958 and] criminal cases and appeals provided that papers relating to deposits and payments thereof shall be separated and preserved until such time as the accounts of the deposits and repayments concerned have been audited and any objections raised in connection therewith have been finally settled and that Part B of civil cases, and civil appeals in which a first or a second appeal lies to the High Court, shall not be destroyed until the period of limitation for instituting such an appeal has expired or until the appeal, if instituted, is decided by the High Court.
2

(2) Proceedings of other Courts and officers forwarding notices, proclamations, calling for records, etc. 15. Mode of reckoning periodThe periods prescribed above shall except in the case noted below, be taken to run from the date of the final order of the Court of first instance, or, in the event of an appeal, from that of decision of appeal. In cases under Chapter XXXVI of the Code of Criminal Procedure, in which maintenances is awarded the period shall be taken to run from the date of the last order passed for the enforcement of the award. 16. Notes of destruction(i) When under the above rules the whole of the papers of Part A of the record are destroyed, a note to the effect shall be made at the time of destruction, against the entry of the case in the Goshwara. In the case of the record offices of District and Sessions Courts where no Goshwaras are kept, the note shall be made against the entry of the case in the General Register. (ii) When some only of the papers of Part A of the record are destroyed and some are retained, a note of the papers destroyed shall be made, at the time of destruction, on the fly index of the case. (iii) All notes made under the above instructions (i) and (ii) shall be attested by the Recordkeeper. (iv) No note whatever need be made of the destruction of Part B of a record. Such destruction will be presumed to have been effected in accordance with Rule 14 above. 17. Preservation of papers belonging to Government or private personsBefore destroying Part A of any judicial proceedings, care must be taken to separate and remove from the record all documents belonging to private persons or to Government, as a party to the proceedings, which have not been superseded by the decree or impounded in the case in which they were produced. These documents shall be preserved and tied up in a separate parcel, and notice shall, whenever practicable, be given to the persons who produced them in Court, requiring them to take them back into their own keeping within six months from the date of the notice, and warning them that they will be kept at their risk, and that the Court declines all responsibility for them. Copies of this notice should also be put up in conspicuous place of the Court-house of the Deputy Commissioner of the district and of the Court in which the suit was tried or, if such Court has been abolished of such other Court or Courts as may be exercising jurisdiction in lien of it.

Heads of offices must make the best arrangements for the custody of these documents that the circumstances admit of. In District offices it will probably be most convenient to keep them with the appropriate village bundles.
C. Registers

18. Registers to be preserved in perpetuityThe following judicial registers shall be preserved in perpetuity: Civil Register Nos. I, II, III, IV, V, XV and XXIV. Criminal Registers Nos. VII, VIII and XVI. 19. Registers to be preserved for 50 yearsThe following judicial registers shall be preserved for fifty years from the date of the last entry and shall then be destroyed: Civil Registers Nos. XXVI and XXVIII. Criminal Register No. IX. Miscellaneous Registers G and I. 20. Registers to be preserved for 20 yearsThe following judicial registers shall be preserved for twenty years from the date of the last entry and shall then be destroyed: Civil Registers Nos. X, XI and XIII. Criminal Register Nos. II and X. Miscellaneous Registers Nos. A and H. 21. Registers to be preserved for 12 yearsThe following judicial registers shall be preserved for twelve years from the date of the last entry and shall then be destroyed: Civil Registers Nos. VI and XIV. Criminal Registers Nos. I, III, VI and XIV. 22. Registers to be preserved for 6 yearsThe following judicial registers shall be preserved for six years from the date of the last entry and shall then be destroyed: Civil Registers Nos. XVI, XVIII, XXI-A, XXI-B and XXV. Criminal Register No. XV. Miscellaneous Register B.

Provided that Civil Register No. XVIII and other registers mentioned in this Rule shall be preserved for a longer period, if necessary. Such registers shall be preserved for a period of at least 3 years after the date on which all dues in respect of deficiencies in stamp duty and Courtfees pointed out by Stamp Auditors are recovered or written off. 23. Registers to be preserved for 3 yearsThe following judicial registers shall be preserved for three years from the date of the last entry and shall then be destroyed: Civil Registers Nos. VII, VIII, IX, XII, XVII, XXI-C, XXII and XIII. Criminal Registers Nos. V, VI, XI, XII and XIII. Miscellaneous Registers C, D, E and F. 24. Instructions regarding destruction of Civil Register No. XX and Miscellaneous Register M.Civil Register No. XX and Miscellaneous Register should be treated as follows: When a book is full, the names of the peons still in service or of the petition-writers still holding licences should be copied into a new register and the old register destroyed. 25. No Judicial register to be destroyed.No Judicial Registers shall be destroyed except as directed above.
D. Other Papers

26. Regarding personal file of officers, and ministerial and menial servantsPersonal files of all officers and ministerial and menial servants of Government: (a) who die while in service, shall be preserved for three years after their death and then destroyed, provided there are no outstanding claims on the part of their heirs; and (b) who have retired, shall be preserved until their death and then destroyed, provided that no file shall be destroyed before three years from date of retirement when death occurs within three years of retirement. 27. Destruction of vouchers relating to contingenciesVouchers relating to contingencies should be preserved for 3 years and then destroyed, this period being reckoned from 1st January following the date of payment. 28. Preservation of records relating to Sheriffs Petty and Civil Court Deposit Accounts The records relating to Sheriffs Petty and Civil Court Deposit Accounts shall be preserved for the period noted against each in the subjoined statements. Civil Court Deposit Accounts Registers and Forms
Period for which it is proposed to preserve the

Number Form No. 1 Form No. 2 Form No. 3

Heading Note Book of Execution Bailiff Register of Receipts (Cash system) Register of Receipts (Voucher system) Register of Disbursement (Cash system) Cash Book (Cash system) Receipt Form (Cash system) Voucher Form (Cash and voucher systems) Cheque Form (Cash system) 3 years

registers etc.

Permanently Do

Form No. 4

12 years

Form No. 5 Form No. 6 Form No. 7

Permanently 6 years One year from the date of last audit 3 years

Form No. 8

Form No. 9

Challan Form (Cash and voucher systems) Treasury Pass Book (Cash system) Extract register of receipts (Cash system) (From 28 Civil Account Code, Volume I). Clearance Register (Cash system) List of repayments (Cash system) (Form No. 47, Civil Account Code, Volume II) Lapsed Deposits (Cash system) (Form No. 29, Civil Account Code, Volume I) Refund of lapsed deposit (Cash and Voucher system) (Form No. 30, Civil Account Code, Volume I).

6 years

Form No. 11 Form No. 12

Permanently 6 years

Form No. 13 Form No. 14

Do 3 years

Form No. 15

Permanently

Form No. 16

3 years

Civil Court Deposit Accounts Registers and Forms

Number Form No. 17 Heading Intermediate Register of moneyorders, etc. Stock Book of Forms of Receipt Books/Cheque Books.

Period for which it is proposed to preserve the registers etc.

One year from the date of last audit. One year from the date of last audit.

Form No. 18

SHERIFFS PETTY ACCOUNTS Sheriffs Petty Accounts Registers and Forms

New Number Heading Old Number Heading Period for which it is proposed to preserve the Registers

Form No. 1 Form No. 2 Form No. 3

Register of Receipts Register of Disbursement Cash Book

Register A

Register of Receipts Showing payments Showing receipts and disbursements and cash balance in hand of Agent each day

Permanently

Register B

12 years.

Register C

Permanently

Form No. 4 Form No. 5 Form No. 6

Treasury Pass Books Receipt Form Form G Receipt Book

Permanently

Six years from the date of last entry in the cash book Three years from the date of its last entry, but subject to the condition mentioned against Form 8.

Register of processes including warrants, etc. Note Book of Process Servers Payment Order

Register D

Register of processes and warrants etc.

Form No. 7

Form H

Note Book of Process Servers Court Payment

As Against Form No. 6

Form No.

Form I

One Year from the date of last audit and if at the last audit any objection was raised in connection

New Number 8

Heading

Old Number

Heading

Period for which it is proposed to preserve the Registers with any documents or records they should be retained until the next audit, and should not be destroyed until one year has elapsed since the removal of the objection originally raised. 6 Years

Form

Order

Form No. 9

Challan Form

Form J

(a) Memo to accompany remittance of surplus money to the treasury

Form K

(b) Of monthly balance to the treasury (c) Consolidated Memo of remittance to the treasury. 3 years

Form L

Form No. 10

Cheque Form

Form No. 11

Statement of lapsed deposit (Form 29, Civil Account Code, Volume I) Voucher for Refund of lapsed deposits Form No. 30, Civil Account Code, Volume I Stock Book of Form of Receipt Books and Cheque Books Form M Stock Book of Forms

Permanently

Form No. 12

3 years

Form No. 13

As against Form No. 8

Note The main principle which should guide the destructions of accounts records should be that so long as an objection is outstanding and the accounts have not been completely checked

and accepted in audit, they and the supporting documents should not be destroyed even though the period of preservation prescribed in the rules may have expired. (Punjab Government letter No. 8026-FR-53/8147, dated the 4th November, 1953)

1 Substituted vide Notification No. 205/Rules/DHC dated 16-10-2003. 1. Inserted vide Notification No. 205/Rules/DHC dated 16-10-2003. 1. Inserted vide Notification No. 205/Rules/DHC dated 16-10-2003. 2. Inserted vide Notification No. 205/Rules/DHC dated 16-10-2003.

CHAPTER 2
Ch. 2

Superintendence and ControlCivil Courts

Part a]

Part SUPERINTENDENCE AND CONTROL

1. Controlling authorityThe general superintendence and control over all Civil Courts (other than the High Court) is vested in and all such Courts are subordinate to the High Court. Subject to the general superintendence and control of the High Court, every District Court has control over all other Civil Courts in the district (Section 33 of the Punjab Courts Act, 1918). Courts of Small Causes are subject to the administrative control of the District Court, and to the superintendence of the High Court (Section 28 of the Provincial Small Causes Courts Act, IX of 1887). 2. Control over establishments of Civil CourtsThe powers of appointment and punishment of the ministerial and other establishments of Civil Courts are regulated by Section 36 of the Punjab Courts Act, 1918, and by rules to be made by the State Government (generally in consultation with the High Court) under Article 309 of the Constitution of India. These rules are contained in Chapter 18 of the Rules and Orders, Volume I. 3. Control over process-serving establishmentUnder rules framed by the High Court with the previous approval of the State Government under Sections 20 and 22 of the Court-fees Act, 1870 the establishment employed for serving and executing processes issued by all Civil, Criminal and Revenue Courts is subject to the control of the High Court. Their conditions of service are regulated by the rules mentioned in the preceding paragraph. 4. Control over establishments dealing with civil workThe establishments of officers who exercise civil powers conferred upon them under Section 28 of the Punjab Courts Act, 1918, but are also invested with revenue or criminal powers, are under the control of Deputy Commissioners acting under the orders of Commissioners and the Financial Commissioners. District Record Offices being under the control of Deputy Commissioners, the establishments attached to them are also under the control of Deputy Commissioners. The rule laid down by Government on the subject is that: Where it is not specially provided otherwise by law, the control of all classes of district establishments rests with the Deputy Commissioner and District Magistrate of a district as such, and that in regard to such matters, where it is not otherwise especially provided by law, the superior officer of the Deputy Commissioner of the Division [No. 896, dated Lahore, 14th November, 1891 (H. Genl), from officiating Chief Secretary to Government, Punjab and its Dependencies, to the Registrar of the Chief Court.]

5. Fixing of cases during casual leave of Sub-JudgesIt has been found that some Subordinate Judges fix dates for proceedings which fall within the period for which they intend to apply for causal leave. This procedure necessarily leads to adjournments and consequent hardship to litigants. All Subordinate Judges should, therefore, submit their applications for casual leave well in advance of the time at which they intend to proceed on casual leave; and in so doing, they should arrange whenever this is practicable, that no cases are fixed for hearing during the period for which they intend to be absent. 6. Circular Orders issued by District JudgesWhenever a District Judge proposes to issue a circular order to the Civil Courts subordinate to him dealing with judicial matters (other than mere office routine, such as, the distribution of work), he must send a draft of the propsoed circular to the High Court for approval and may not issue it until such approval is obtained.
Part B]

Part INSPECTION OF SUBORDINATE COURTS

The following instructions regulating the inspection of subordinate Courts are issued with the approval of the State Government 1. Power of High Court to frame rules for inspection of lower CourtsSection 33 of the Punjab Courts Act, 1918, vests the power of controlling the Civil Courts of each district in the District Judge and under Article 227 of the Constitution of India, the High Court has the power of framing rules for the inspection of subordinate Civil Courts and for the supervision of their working. NoteThis power of control includes the right of calling for and inspecting the records of all such Courts (including Small Cause Courts) and of commenting on any irregularity of procedure or other impropriety for the guidance of the officers concerned. 2. Chapter I-C, containing general instructionsGeneral instructions for the inspection of subordinate Civil Courts will be found in Chapter I, Part C. 3. Scope of inspectionThe annexed list of subjects for inquiry is intended for the assistance of officers making such inspections. It is not meant that inspection should be confined to the matter herein prescribed, nor that each inspection made should embrace all the topics mentioned. 4. Annual inspection of their own Courts by District JudgesDistrict Judges should inspect their own records and registers and the Nazirs registers of each district at least once a year. 5. Surprise inspection to check cancellation Court-fee stampsWith a view to preventing fraudulent use of Court-fee lables. District and Sessions Judges and Judges of Courts of Small Causes should make surprise inspections of their record rooms at least once a year to see that the instructions regarding the checking, second punching and cancellation, etc., of Court-fee lables as prescribed in Chapter 4-C of this volume are strictly followed by the officials concerned. The report on the inspections should not ordinarily be forwarded to the High Court unless it discloses some matter of importance requiring notice by the Honourable Judges.

Memorandum of points to be attended to by Inspecting Officers. Part GENERAL I

1. State of Court-houseReport on the state of the Court-house, whether it is in good repair and properly kept and provides adequate accommodation. Notice especially the state of the record-rooms and the Nazirs malkkana. 2. LibraryNotice whether the Subordinate Judges libraries are in good order and under whose charge each library is and generally whether the provisions of Chapter 18 of this volume are complied with. Note how for each subordinate Court has been furnished with the minimum library prescribed by the High Court. In inspecting other Courts, at the headquarters of the district and Courts at out-stations, notice whether books of reference are sufficient and whether files of circulars are complete. Correction Pamphlets, etc.See that the correction pamphlets and slips have been pasted and filed at their proper places. 3. Accommodation for the BarReport on the arrangements of the Bench, and whether the accommodation for the Bar is sufficient, and the separation of its members from the Bench complete. 4. Court establishmentIs the Court establishment sufficient and capable ? Are there any unpaid candidates and, if so, have the rules issued by the State Government and the High Court on the subject been complied with ?

Part CIVIL REGISTERS

II

1. Register IExamine Register No. I (Register of Civil Suits) and check columns 8 to 12 with at least ten records of decided suits still in Court. Note whether column II appear in any case to have been filled in before judgment has been written and whether columns 13 to 22 are kept up-to-date. 2. Register XExamine Register No. X (Execution of decree), noting whether decrees are promptly executed, and whether realisations bear a fair proportion to sums in execution. Check some of the entries in column 19 (noting how many) with records still in Court and state whether the officials of the Court appear in any case to be answerable for any default. 3. Register XIAscertain from Register No. XI (Objections in cases of execution of decree) whether objections are properly and promptly disposed of. 4. Registers VI and VIIExamine Register Nos. VI (Miscellaneous petitions and applications) and VII (Applications to sue as a pauper) with a similar object. 5. Register IXExamine Register No. IX (Dates fixed for the trial of suits and for cases of execution of decree), and trace a few cases not yet consigned to the record-room through their various

stages, noting whether adjournments are unnecessarily granted, and whether cases are regularly called up for hearing on dates fixed and action taken. Is it the custom in the local Courts to enter cases of execution of decree in this register ? 6. OthersExamine the other civil registers. State whether they are neatly and properly kept, and note whether errors and omissions noticed at previous inspection have been corrected and supplied.

Part III (a) Regular Suits

1. In whose custody is the bundle of pending records ? Is it neatly kept and arranged according to date ? 2. What was the total number of institutions of the previous year ? 3. What is the number of the suit last instituted ? 4. Has there been any noticeable increase or decrease in litigation during the past twelve months; and, if so, what is the cause assigned for it ? 5. On what dates were the five oldest undecided suits instituted ? 6. Do the records of those suits show any unnecessary delay in their decision ? 7. Take out ten records at random, and note whether the proceedings disclose any noticeable irregularity or unnecessary delay. 8. Is a day reserved for execution work ? Are execution cases attended to properly by the presiding officer ? Are all orders except purely routine orders written by him ?

(b) Execution of decrees

1. In whose charge is the bundle of pending records ? 2. Is it neatly kept and arranged to date ? 3. How is it kept (that is, by tahsils or only chronologically) ? 4. What was the total number of execution of decree cases last year ? 5. How many applications have been filed this year up-to-date ? 6. If decree-holders are unusually active or passive note the cause. 7. What was the proportion of realization to the amount sought to be realized in execution of decrees ?

8. Examine ten of the records taken at random, and note whether the proceedings show any noticeable irregularity or unnecessary delay. 9. Does the presiding officer complain of anything which causes his execution file to be unduly encumbered ?

(c) Miscellaneous cases

1. In whose charge is the bundle, and is it neatly and properly kept ? 2. How many cases were dismissed in default and how many were decreed ex parte? How many out of these were subsequently restored? Ascertain by examination of a few records if the reasons for dismissal, ex parte proceedings and restoration were satisfactory. 3. Examine three cases at random, and not whether they show any unnecessary delay.

(d) General
Ascertain whether decided cases of each kind are sent punctually into the record-room; and note any instances there may have been of undue delay, and the cause assigned for the same. Also see whether paragraphs of judgments are serially numbered.

Part IV (a) Nazir

1. Check the registers of receipts and repayments of deposits, and note whether there are any deposits of longstanding date. 2. Examine Register No. XXIII (Processes served by each peon), and note whether the distribution of work is fair. Are any of the process-servers employed on other than their legitimate duties ? 3. Are there any complaints against any of the establishment on account of inefficiency due to age or any other cause ? 4. Does the staff appear sufficient, or in excess of requirements ? 5. Examine Miscellaneous Register C (Miscellaneous proceedings received from other districts and Courts), and ascertain from the entries in columns 3, 6, 8, and 9 whether unnecessary delay occurs in the disposal of references. 6. Examine Miscellaneous Register F (Property received into the Nazirs store room) carefully, and check the correctness of the entries in column 4 by an examination of at least twelve bundles taken at random. Are the arrangements of the malkhana satisfactory as regards the preservation of the property stored therein? What officer of the headquarters staff is in charge of the malkhana (Rule 4, Chapter 10-A of this volume) and are the requirements of that and the other rules herein contained carefully carried out ?

(b) Copyists
Who is the officer placed incharge of the copyists department ? Note particularly whether unnecessary delay occurs in the preparation of copies. Are there any unclaimed copies in the copyists hands ? Are the directions contained in Chapter 17 of this Volume carefully followed ?

(c) Records
1. Are the records properly kept and promptly furnished as required for purposes of inspection ? 2. Are the Record-Keepers Registers No. XVCivil (General Register of Suits and Appeals Disposed of), No. XVICriminal (General Register of Decided Cases) and Miscellaneous Register B (of files taken from the record-room for reference) properly kept ? 3. Are the stamps in the records properly punchedaccording to the orders in force ? 4. Are the instructions contained in Chapter 16 of this volume, for the preparation of an index of papers in judicial proceedings, observed ?

(d) Petition-writers
Are the Petition-writers Registers properly maintained (Volume I, Chapter 17)?

(e) Pleaders
Is the Register of Pleaders required by Volume V, Rules and Orders, Chapter 6 F, Part (a), Rule 3, duly maintained ?

Part INSPECTION OF CIVIL RECORDS

In examining the records of pending or decided cases, note especially the following points:

(a) Original suits

1. Verification and stamping plaintsThe attestation and verification of plaints; the proper stamping of plaints, and the proper cancellation of stamps. 2. Summons of defendantWhether sufficient time is apparently granted for the defendants appearance, and whether the issue of summons for final disposal is largely or improperly restored to. 3. Service of processDoes the presiding officer pay personal attention to service of process ? 4. AdjournmentsAre suits heard from day to day ? Are adjournments granted without sufficient cause or without examining witnesses who are present ? 5. Proof of serviceWhether proper proof of service has been taken before a case is heard ex parte.

6. Setting aside ex parte ordersWhether cases dismissed in default or decreed ex parte are admitted without notice to the opposite side, or without inquiry into the merits of the application for readmission of the case to the register. 7. DocumentsAre documents produced at the proper time with the prescribed lists ? Are parties examined about the documents they wish to produce or rely on the prescribed forms at the first hearing ? 8. DocumentsAre documents admitted in evidence duly marked as exhibits endorsed and stamped in accordance with the High Court instructions ? Are documents not admitted in evidence returned promptly? 9. Abstract of orderIs the chronological abstract of orders regularly and correctly kept up. 10. Drawing up decreesAre decrees carefully drawn up and do they faithfully embody the decision arrived at in the judgment ? Is that portion of the decree which specifies the relief granted recorded by non-English speaking Judicial officers with their own hands ? Are costs correctly ascertined and apportioned in conformity with the judgment ? 11. ArbitrationAre submissions to arbitration inordinately frequent, and are the requirements of the law in reference to arbitration duly observed ? 12. CommissionIs the resort to Commissions for local inquiry or for the examination of accounts too frequent ? Are the rules published in Volume I, Chapter 10, properly observed ? Is the evidence taken by a Commissioner filed with his report? Is he subjected to examination by the Court, and is the Courts decision ever based exclusively on the Commissioners report ? 13. Review of judgmentAre reviews of judgment frequently applied for, and, if granted, are the grounds of admissions sufficient ? Is due notice to show cause against application being granted given to the opposite party ? 14. Rejection and return of plaintsIs the rejection and return of plaints frequent ? And does it appear form Register No. VIII (Rejected and Returned Plaints) that the grounds for rejection and return are adequate ? 15. Pauper applicationsAre applications to sue in forma pauperis numerous? Is the enquiry into the alleged poverty of the applicant made by the Court itself or delegated to a tahsildar ? Does the Deputy Commissioner receive notice of the application and does he take any (and, if so, what) steps to protect the interests of Government ?

(b) Appeals
1. StampsAre appeals properly stamped and the stamps duly cancelled ? 2. Memoranda of appealAre the memoranda of appeal concisely drawn and accompanied by copies of the decrees appealed against ? 3. Dismissal in limineAre the provisions of Order XLI, Rule 11, of the Code of Civil Procedure, observed in a fair proportion of cases, or is the respondent invariably summoned ?

4. JudgmentsDoes the judgment in appeal conform with the requirements of Order XLI, Rule 31, of the Code of Civil Procedure ? 5. RemandsAre remands frequent ? Are they based on adequate grounds and in accordance with law ? 6. Order XLI, Rule 11Is a decree framed in appeals rejected under Order XLI, Rule 11 ? 7. DecreeDoes the decree embody the grounds of appeal ?

Part GENERAL

VI

GeneralMake any suggestions which, in your opinion, would simplify the registers, etc., and which would facilitate the action of the Courts.

CHAPTER 3

Superintendence and ControlCriminal Courts

Ch. 3

(The instructions contained in this Chapter do not apply to the Union territory of Delhi.)

CHAPTER 4
Ch. 4

Court-fees and Stamps

Part A]

Part REDUCTION, REMISSION AND REFUND OF COURT-FEE (a) Reduction and Remission of Court-fee

In exercise of the power conferred by Section 35 of the Court-fees Act, 1870, the Governor of the Punjab is pleased to make the reduction and remission hereinafter set forth, namely: 1. Application for refund of price of stamp or renewal of stamp paperTo remit the fees chargeable on applications presented to a Collector for refund of the amount paid to the Government for stamped paper which has become spoiled or unfit for use, or is no longer required for use and on applications for renewal of stamped paper which has become spoiled or unfit for use. 2. Application for purchase of saltTo remit the fees chargeable on applications in writing, relating exclusively to the purchase of salt which is the property of the Government. 3. Application for refund of value of stamp on plaintTo direct that, when a plaint disclosing a reasonable case on the merit is presented to any Civil or Revenue Court in such a form that the presiding Judge or officer without summoning the defendant rejects it, not for any substantial defect but on account of an entirely technical error in form only, and so as to leave the plaintiff free to prosecute precisely the same case in another form against the same defendant or defendants, the value of the stamp on the plaint shall be refunded on presentation of an application to the Collector of the district in which the Court is situated, together with a certificate from the Judge or officer who rejected the plaint that it was rejected under the circumstances above described, and that the value of the stamp should, in his opinion, be refunded. 4. Copies of settlement record and list of fieldsTo remit the fees chargable on (a) copies of village-settlement records furnished to land-holders and cultivators during the currency or at the termination of settlement operations; (b) lists of fields extracted from village settlement-records for the purpose of being filed with petitions of plaint in Settlement Courts:
1

Provided that nothing in this clause shall apply to copies of judicial proceedings, or to copies of village settlement records (other than lists of fields) extracted as aforesaid, which may be filed in any Court or office.

5. Appeals under Secrions 47 and 144 Civil Procedure CodeTo direct that the fee chargeable on appeals from orders under Sections 47 and 144 of the Code of Civil Procedure, 1908, and on cross objections in such appeals under the same Code, shall be limited to the amounts chargeable under Article 11 of the Second Schedule. (Vide Punjab Government Notification No. 16406-Judl., dated the 9th June, 1933.) 6. Security bonds for keeping peaceTo remit the fees chargeable on security bonds for the keeping of the peace by, or good behaviour of, persons other than the executants. 7. Application to forward a petition to the Central GovernmentTo remit the fee payable under Article I, clause (c), of the Second Schedule on an application or petition presented to a Chief Revenue or Executive authority or to any Chief Officer charged with the executive administration of a Division when the application of petition is accompanied by a petition to the Central Government and contains merely a request that that petition may be forwarded to the Government. 8. Private copiesTo remit the fees chargeable under Articles 6, 7 and 9 of the First Schedule on copies furnished by Civil or Criminal Courts or Revenue Courts or office for the private use of persons applying for them: Provided that nothing in this clause shall apply to copies when filed exhibited or recorded in any Court of Justice or received by any public officer. 9. Application for depositTo remit the fees chargeable, under paragraph 4 of clause (a) and paragraph 2 of clause (b) of Article 1 of the Second Schedule, on applications for orders for the payment of deposits in cases in which the deposit does not exceed Rs. 25 in amount. Provided that the application is made within three months of the date on which the original deposit first became payable to the party making the application. 10. Application to occupy land under GovernmentTo remit, with reference to clause (xi) of Section 19 of the Act, the fees chargeable on applications for leave to occupy under direct engagement with the Government, land of which the revenue is settled, but not permanently, when made by persons who do not at the time of application hold the land. 11. Application for loanTo remit the fees chargeable on applications for loans under the Land Improvement Loans Act, 1883 (XIX of 1883) or the Agriculturists Loans Act, 1884 (XII of 1884). 12. Applications for remission or suspension of loansTo remit the fees chargeable on applications presented to officers of land revenue for the suspension or remission of loans under the Land Improvement Loans Act, 1883 (XIX of 1883), or the Agriculturists Loan Act, 1884 (XII of 1884). 13. Application for return of impounded documentTo remit the fees chargeable on an application made by a person to the Collector under sub-section 2 of the Section 42 of the Indian Stamp Act, 1899 (II of 1899) for the return to that person, or to the Registration Officer who impounded it, of a document impounded and sent to the Collector by a Registration Officer. 14. To remit the fees chargeable on the following documents, namely:

(a) Copy of charge given to accusedCopy of the charge framed under Section 210 of the Code of Criminal Procedure, 1898, or of a translation thereof to, when the copy is given to an accused person. (b) Copy of supplementary evidence after commitment given to accusedCopy of the evidence of supplementary witnesses after commitment when the copy is given under Section 219 of the said Code to an accused person. (c) Copy of Judgment and heads of charge to jury to be supplied to accusedCopy or translation of a judgment in a case other than a summons case, and a copy of the heads of the Judges charge to the Jury, when the copy or translation is given under Section 371 (Section 363 of the New Code) of the said Code to an accused person. (d) Copy of Judgment to accused in jailCopy or translation of a judgment in a summons case, when the accused person to whom the copy or translation is given under Section 371 (Section 363 of the New Code) of the said Code is in jail. (e) Copy of maintenance orderCopy of an order of maintenance, when the copy is given under Section 490 (Section 128 of the new Code) of the said Code to the person in whose favour the order is made, or to his guardian, if any, or to the person to whom the allowance is to be paid. (f) Copy supplied to accused under Section 548, Criminal Procedure CodeCopy furnished to any person affected by a judgment or order passed by a Criminal Court, of the Judges charge to the Jury or of any order, deposition or other part of the record, when the copy is not a copy which may be granted under any of the preceding sub-clauses without the payment of a fee, but is a copy which on its being applied for under Section 548 (Section 363 of the new Code) of the said Code, the Judge or Magistrate, for some special reason to be recorded by him on the copy, thinks fit to furnish without such payment. (g) Copies furnished to lawyers of GovernmentCopies of all documents furnished under the order of any Court or Magistrate to any Government Advocate or Pleader or other person specially empowered in that behalf for the purpose of conducting any trial or investigation on the part of the Government before any Criminal Court. (h) Copies furnished to lawyers of GovernmentCopies of all documents which any such Advocate, Pleader or other person is required to take in connection with any such trial or investigation for the use of any Court or Magistrate or may consider necessary for the purpose of advising the Government in connection with any criminal proceedings. (i) Copies required by the PoliceCopies of judgments or depositions required by officers of the Police Department in the course of their duties. 15. Application for return of documentTo remit the fee chargeable on an application presented by any person for the return of a document filed by him in any Court or public office. 16. Suit for a share of a revenue-paying estate separately assessed. Copies furnished to lawyers of GovernmentTo direct that, when a part of an estate paying annual revenue to the Government under a settlement which is not permanent is recorded in the Collectors register as separately assessed with such revenue, the value of the subject-matter of a suit for the possession of, or to enforce a right of preemption in respect of, a fractional share of that part shall, for the purposes of the computation of the amount of the fee chargeable in the suit, be deemed not to exceed ten times such portion of the revenue separately assessed on that part as may be rateably payable in respect of the share.

17. Fraction of an anna to be remittedTo direct that, if the amount of the fee chargeable in any case involves a fraction of an anna, the fraction shall be remitted, except where otherwise expressly provided by this notification. 18. Application for licence for sale of stampsTo remit the fee chargeable on an application for the grant of a licence for the vend of stamps. 19. Application for refund of fineTo direct that no Court-fee shall be charged on an application for the re-payment of a fine or of any portion of a fine the refund of which has been ordered by competent authority. 20. Application for certain copiesTo remit the fees chargeable on application for copies of documents detailed in clauses 4 and 14 supra. 21. Duty chargable for probates, etc., of the share of a deceased member of a companyTo remit the duty chargeable in respect of Indian Probates, Letters of Administration or Succession Certificates on the share or other interest of a deceased member of a company formed under the Indian Companies Act, 1913 (VII of 1913); provided that the said share or interest was registered in the branch register in the United Kingdom under the Indian Companies (Branch Registers) Act, 1900 (IV of 1900), and that such member was at the date of his decease domiciled elsewhere than in India. 22. Application for suspension of remission of land revenueTo remit the fees chargeable on applications presented to officers of land revenue for the suspension or remission of revenue on the ground that a crop has not been sown or has failed. 23. Application for advice from agricultural departmentsTo remit the fee chargeable on applications and petitions presented to a Collector or any revenue officer having jurisdiction equal or subordinate to a Collector for advice or assistance from the Agricultural Department of the State. 24. Fees for succession certificates, probates, etc., of the property of a Government servant in certain cases and for mutation of the propertyTo remit as follows the fees on the property of (i) any person subject to the Naval Discipline Act (29 and 30 Vict. c. 109), the Army Act (44 and 45 Vict. c. 58), the Air Force Act (7 and 8 Geo. 5 c. 51) or the Indian Army Act, 1911 (VII of 1911) who is killed while on active service or on service which is of a warlike nature or involves the same risk as active service or dies from wounds inflicted, accidents occuring or disease contracted while on such service; and (ii) any person, being a Government servant. Civil or Military, who dies from wounds or injuries intentionally inflicted (but not self-inflicted) while in actual performance of his official duties or in consequence of those duties: (a) Where the amount of value of property, in respect of which the grant of probates or letters of administration is made or which is specified in the certificate under Part X of the Indian Succession Act, 1925, or in the certificate under Bombay Regulation No. 8 of 1827 does not exceed Rs. 50,000 the whole of the fees leviable in respect of that property. (b) Where the said amount or value exceeds Rs. 50,000 the whole of the said fees in respect of the first Rs. 50,000. (c) Where any property passes more than once in consequence of such deaths, to remit, in the case of second and subsequent successions, the whole of the said fees, irrespective of the value or amount of such property.

(d) The whole of the fees chargeable on applications for mutations of names in respect of the property of persons mentioned in clauses (i) and (ii) above. 25. Copies of proceedings under Section 37 of the Punjab Land Revenue ActTo remit the fees chargeable on copies of orders or proceedings under Section 37 of the Punjab Land Revenue Act, 1887 (XVII of 1887), made or recorded by Collectors or other revenue officers engaged in revising a recordrights under a notification published in accordance with Section 32 of the said Act: Provided that the copy is furnished for the purpose of being filed with an application or petition to a collector or other revenue officer engaged as aforesaid in revising a record-of-rights or to the Commissioner of the Division, or to the Financial Commissioner, Punjab, relating to matters connected with the assessment of land or the ascertainment of rights thereto, or interests therein, if presented previous to the final confirmation of such revision. 26. Application under Section 97 of the Punjab Land Revenue Act To remit the fees chargeable on application under Section 97 of the Punjab Land Revenue Act, 1887 (XVII of 1887), made by village officers in accordance with the provisions of Rule 64 of the rules under that Act, published with the Financial Commissioners Notification No. 142, dated the 9th November, 1909. 27. Copies of records mentioned in Chapter IV of the Punjab Land Revenue ActTo remit the fees chargeable on copies of all records maintained under the provisions of Chapter IV of the Punjab Land Revenue Act, 1887 (XVII of 1887), when such copies are exhibited or recorded in any Court of Justice or are received or furnished by any public officer.
1

28. Application for grant of fishing licenseTo remit the fees chargeable on applications for the grant of fishing licenses prescribed by the rules made by the Government of the Punjab under Section 3 of the Punjab Fisheries Act, 1914 (Punjab Act II of 1914). 29. Application to record a statement or sanction a mutation under Section 34 (4) of the Land Revenue ActTo remit the stamp duty chargeable on the following petitions under Article 1(b) of the Second Schedule: A petition or an application presented to a revenue officer asking him to record a statement or sanction a mutation under Section 34(4) of the Land Revenue Act, XVII of 1887, in consequence of consolidation of holdings carried out by the Co-operative Department in the Punjab. 30. Application to Municipal, Notified Area or Small Town Committee or District or Cantonment Board for copy of a document or to a Municipal Commissioner in certain casesTo remit the fee chargeable under Article 1 (a) of the second Schedule on the applications or petitions noted below : (a) Applications or petitions presented to any Municipal Commissioner under any Act for the time being in force for the conservancy or improvement of any place if the application or petition relates solely to such conservancy or improvement. (b) Applications or petitions presented for the purpose of obtaining a copy or translation of any order passed by a Municipal, Notified Area or Small Town Committee or District or Cantonment Board or of any other document on record in the office of such a body.

31. Petitions and appeals against orders of punishment by officials in certain casesTo remit the Court-fees chargeable under clause (c) of Article 1 or Article 11 of the second Schedule, on petitions and appeals against orders of punishment presented under the following Act or rules, by officials under the administrative control of the Government of the Punjab : (1) The Punjab Subordinate Services, Punihsment and Appeal Rules, 1930. (2) Section 13 of the Punjab Land Revenue Act, 1887. (3) Rule 16.31 of Chapter XVI (Punishments) of the Punjab Police Rules. 32. Application made to a magistrate a registering authority under Punjab Motor Vehicles RulesTo remit the fee payable under Article 1 (a) of the second Schedule upon all applications made to a Magistrate in his capacity as a registering authority under the Punjab Motor Vehicles Rules, 1931. 33. Application made to a Magistrate as a licensing officer under Wild Birds and Wild Animals Protection RulesTo remit the fee leviable under Article l(a) of the second Schedule upon all applications made to a Magistrate in his capacity as a licencing officer under the Wild Birds and Wild Animals Protection Rules published with Punjab Government Notification No. 25157, dated the 4th September 1934. 34. Application by a revenue agent for renewal of certificateTo remit the fee leviable under Article 1 (b) or (c) of Schedule II on an application or petition presented by a revenue agent to the Financial Commissioners, Commissioner of the division, or Collector of the district, for renewal of his certificate. 35. Mukhtarnama or Vakalatnama by a convicted criminal prisonerTo remit the fees leviable under Article 10 of the second Schedule to the Court-fees Act on a Mukhtarnama or vakalatnama executed by a convicted criminal prisoner as defined in Section 3 (3) of the Prisoners Act, 1894, provided that the mukhtarnama or vakalatnama is for the purpose of preferring an appeal or application for revision in a Criminal Court. 36. Application by a lawyer to inspect Court registerTo remit the Court-fee payable on application made by legal practitioners for permission to inspect Court registers in order to trace the particulars of a suit or document. 37. Application to Debt Conciliation BoardTo remit the Court-fee on an application made to the Debt Conciliation Board for the issue of an intimation to the Civil Court. 38. To remit the fee leviable under Article 1 of Schedule II of the said Act upon all applications for grant of pass ports and pilgrims passes made to magistrates and other officers empowered in this behalf in the Punjab. (b) Revenue Department No. 1486-St., dated the 23rd September, 1940. In exercise of the powers conferred by Section 35 of the Court-fees Act (VII of 1870), hereinafter referred to as the said Act, the Governor of the Punjab is pleased to direct that the following remissions shall be made in the Punjab, namely:

(1) In case of fees leviable under Articles 11, 12 and 12-A first Schedule to the said Act, on the property of any person subject to the (British) Naval Discipline Act, the (British) Army Act, the (British) Air Froce Act, the Indian Army Act (VIII of 1911), the Indian Air Force Act (XIV of 1932) or the Indian Navy (Discipline) Act (XXXIV of 1934) who is killed or who dies as a result of wounds inflicted accident occurring or disease contracted while on active service against an enemy, or on service which is of a warlike nature, or which, in the opinion of the State Government, otherwise involves the same risks as active service; or on the property of any person in the service of the Government who dies of wounds or injuries (intentionally inflicted by a person other than himself) in the actual performance of his official duties or in consequence of those duties: (a) Where the amount or value of property, in respect of which the grant of probate or letters of administration is made, or which is specified in the certificate under Part X of the Indian Succession Act, 1925, or in the certificate under Bombay Regulation No. 8 of 1827, does not exceed fifty thousand rupees, the whole of the fee leviable in respect of that property; (b) Where the said amount or value exceeds fifty thousands rupees, the whole of the said fee in respect of the first fifty thousand rupees; (c) Where any property passes more than once in consequence of such deaths, the whole of the said fee (irrespective of the value or amount of such property) in the case of second and subsequent successions. (2) In case of applications for mutation of names in respect of the property of persons mentioned in paragraph (1) above, the entire Court-fees chargeable under sub-article (b) of Article 1 of the second Schedule to the said Act. (Punjab Government Notification No. 1007-St., dated the 6th July, 1940, is hereby cancelled). (c) Revenue Department Notification No. 181-St., dated the 11th February, 1941. In exercise of the powers conferred by Section 35 of the Court-fees Act, 1870, the Governor of the Punjab is pleased to remit the fee leviable under Article 1 of Schedule II to the said Act on an application made by a Collector to a Court under (a) Sub-section (i) of Section 61 of the Indian Stamp Act, 1899, (b) Sub-section (4) of Section 19-H of the Court-fees Act, and (c) Rule 12 of Order 33 of the Code of Civil Procedure. (d) Punjab Government Notification No. 1799-St., dated the 8th December, 1941. Under Section 35 of the Court-fees Act, 1870, as modified by the Devolution Act, 1920, it is hereby notified that in exercise of the powers to reduce or remit in the territories administered by the Governor of the Punjab all or any of the fees mentioned in the first and second Schedules of the said Act, the Governor of the Punjab has been pleased to make the reductions and remissions hereinafter set forth, namely (i) To direct that in appeal against an order under Order 21, Rule 50 (2) of the Code of Civil Procedure, adjudging a person as a partner of a firm against whom a decree is being executed, the fee

shall be the same as in a declaratory suit, namely, Rupees ten, if the fee otherwise payable exceeds that amount. (ii) To direct that in appeal against a personal decree under Order 34, Rule 6 of the Code of Civil Procedure, when only the personal liability of the defendant and not the amount decreed is in dispute, the fee shall be the same as in a declaratory suit, namely, Rs. 10, if the fee otherwise payable exceeds that amount. (d) [Government of India, Legislative Department, Notification No. F. 233/42-C & G. (Judl.), dated the 2nd May, 1942]. In exercise of the powers conferred by Section 35 of the Court-fees Act, 1870 (Act VII of 1870), the Central Government is pleased to direct in respect of the Chief Commissioners Province of Delhi: (i) That in appeal against an order under rule 50 (2) of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (Act V of 1908), adjudging a person as a partner of a firm against whom a decree is being executed, the fee shall be the same as in a declaratory suit, namely, Rs. 10, if the fee otherwise payable exceeds that amount. (ii) That in appeal against a personal decree under Rule 6 of Order XXXIV of the first Schedule to the Code of Civil Procedure, 1908 (Act V of 1908), when only the personal liability of the defendant and not the amount decreed is in dispute, the fee shall be the same as in a declaratory suit, namely, Rs. 10, if the fee otherwise payable exceeds that amount. (e) Punjab Government, Revenue Department (Stamps), Notification No. 1803-St., dated the 18th October, 1943. In exercise of the powers conferred by Section 35 of the Court-fees Act, 1870, the Governor of the Punjab is pleased to direct that Court-fee leviable under Article 11 of Schedule 1 to the said act on a probate of a will or letters of administration and under Article 12 of the said Schedule on a succession Certificate granted under the Indian Succession Act, 1925, in respect of a Government Savings Bank deposit not exceeding five thousand rupees shall be remitted. (f) Punjab Government, Revenue and Development Departments (Stamps), Notification No. 1552-E and T, dated the 9th April, 1948. In exercise of the powers conferred by Section 35 of the Court-fees Act, 1870 the Governor of Punjab is pleased to order that the Court-fee leviable under Article 12 of the 1st Schedule to the said Act shall be remitted in respect of certificates applied for under the Indian Succession Act, 1925, by those widows and children coming from the areas now inlcuded in the Dominion of Pakistan, who had lost the heads of their families between 1st March, 1947 and 31st March 1948, both days inclusive. (g) Punjab Government, Revenue and Development Departments (Stamps), Notification No. 3908-E and T, dated the 10th September 1948. In exercise of the powers conferred by Section 35 of the Court-fees Act, 1870, the Governor of Punjab is pleased to order that the Court-fee leviable under Article 11 of the 1st Schedule to the said Act, shall be remitted in respect of probate of a will or Letters of Administration with or without will annexed, applied for under the Indian Succession Act, 1925, by those widows and children coming from the areas

now included in the Dominion of Pakistan, who lost the heads of their families between the 1st March, 1947, and the 31st March, 1948, both days inclusive. NoteThe words widows and children in the context of the notifications reproduced in parts (f) and (g) are used in the sense of male and female decendants of whatever age, of the first degree, vide Punjab Government, Revenue Department, Memorandum No. 1003-E and T-50/989, dated the 3rd March, 1950. (h) In exercise of the powers conferred by Section 35 of the Court- fees Act, 1870, the Governor of Punjab is pleased to order that Court-fee leviable under Article 12 of the first Schedule to the said Act, shall be remitted in respect of succession certificates issued in States acceding to India and in the State of Hyderabad. [Vide Punjab Government, Revenue and Development Departments (Stamps) Notification No. 3558E and, T, dated the 6th August, 1949]. (i) In exercise of the powers conferred by Section 35 of the Court-fees Act, 1870, the Governor of the Punjab is pleased to remit in the whole of the Punjab all fees leviable under Article l(b) of Schedule II of the said Act, in respect of complaints lodged by members of the Scheduled Castes under Section 11 of the East Punjab (Removal of Religious and Social Disabilities) Act, 1948, in Courts in the State of Punjab. [Vide Punjab Government, Revenue and Development Departments Notification No. 6027-E & T50/3966, dated the 15th July, 1950}. (j) In exercise of the powers conferred by Section 35 of the Court-fees Act, 1870 (Act VII of 1870), the Governor of Punjab is pleased to exempt in the whole of Punjab the Court-fee leviable on a plaint in a suit brought by a tenant to contest his liability to ejectment under Section 45 of the Punjab Tenancy Act, 1887, on grounds other than adverse possession of a claim to occupancy tenancy. [Vide Punjab Government, Revenue Department, Notification No. 6003-St-535-Spl., dated the 22nd December, 1953]. (k) In exercise of the powers conferred by Section 35 of the Court-fees Act, 1870 (Act VII of 1870), the Governor of Punjab is pleased to exempt in the whole of Punjab the Court-fee leviable on memoranda of appeals and applications for review or revision when filed by tenants from the orders; or decrees passed against them in suits instituted by them under Section 45(3) of the Punjab Tenancy Act, to contest their liability to ejectment and the plaints which were exempted from the levy of Court-fee.Vide Punjab Government (Revenue) (Stamps Department) Notification No. 6003-St-53/2-SpL, dated the 22nd December, 1953. [Vide Punjab Government, Revenue Department Notification No. 51-Stamps-55/45 (CH), dated the 31st January, 1955].

Part B]

Part B DESCRIPTION OF STAMPS TO BE USED FOR DENOTING FEES CHARGEABLE UNDER THE COURT-FEES ACT
I. Kinds of stampsSection 6 provides that the stamps to be used under the Act shall be impressed or adhesive. II. The following rules known as The Punjab Court-fee Stamp Rules, 1934 have been made by the Punjab Government for regulating the kind and number of stamps to be used for denoting fees chargeable under the Court-fees ActVide Punjab Government Notification No. 4860-E & S., dated the 7th August, 1934: (1) When fee chargeable is less than Rs. 25.When in any case the fee chargeable under the Act is less than Rs. 25 and the amount can be denoted by a single adhesive stamp, such fee shall be denoted by a single adhesive stamp of the required value bearing the words Court -fee. But, if the amount cannot be denoted by a single adhesive stamp, or if a single adhesive stamp of the required value is not available, a stamp of the next lower value available shall be used, and the deficiency shall be made up by the use of one or more additional adhesive stamps of the next lower values which may be required to make up the exact amount of the fee. (2) When fee chargeable is Rs. 25 or moreWhen in any case the fee chargeable under the Act amounts to or exceeds Rs. 25 and the amount can be denoted by a single impressed stamp, it shall be denoted by a single impressed stamp of the required value bearing the words Court-fee. But, if the amount cannot be denoted by a single impressed stamp, or if a single impressed stamp of the required value is not available, an impressed stamp of the next lower value available shall be used, and the deficiency shall be made up by the use of one or more additional impressed stamps of the next lower value available which may be required to make up the exact amount of the fee, in combination with adhesive stamps to make up fractions of less than Rs. 25. (3) Fraction of an anna to be remittedIf in any case the amount of the fee chargeable involves a fraction of an anna, such fraction shall be remitted. (4) Certificate in case stamps of the required value is not available-Where a stamp of the required value is not available, the purchaser shall obtain a certificate from the vendor to that effect in the form below. This certificate shall be affixed to the document and filed with it::

(Form of Certificate)
Certified that a single stamp of the value of Rs. . . . . . required for this document is not available, but in lieu thereof, I have furnished a stamp of the next lower value, available and made up the deficiency by the use of one or more adhesive impressed stamps of the next lower values available required to make up the exact amount of the fee. Date. . . . . . . . Signature of stamp vendor. (5) Mode of affixing adhesive stampsAn adhesive stamp which may be used under Rule 2 shall be affixed to the impressed stamp of the highest value employed in denoting the fee, or to the first sheet of the document, to be inscribed in such manner as not to conceal the value of the stamp thereon.

(6) Plain paper may be joined of impressed stamped paper is insufficient for writing the document When one or more impressed stamps used to denote a fee are found insufficient to admit of the entire document being written on the side of the paper which bears the stamp, so much plain paper may be joined thereto as may be necessary for the complete writing of the document, and writing on the impressed stamps and on the plain paper shall be attested by the signature of the person or persons executing the document. III. In exercise of the powers conferred by Sections 26 and 27(b) of the Court-fees Act, 1870, the Chief Commissioner, Delhi is pleased to make the following rules for regulating the kind and nubmer of stamps to be used for denoting fees chargeable under the said Act.

The Delhi Court-fee Stamp Rules, 1954

1. Number and kind of stamps to be used when fees amount to less than Rs. 25When in any case the fee chargeable under the Act is less than Rs. 25 and the amount can be denoted by a single adhesive stamp such fee shall be denoted by a single adhesive stamp of the required value bearing the words Court-fee and over printed with the word Delhi. But, if the amount cannot be denoted by a single adhesive stamp, or if a single adhesive stamp of the required value is not available, a stamp of the next lower value available shall be used and the deficiency shall be made up by the use of one or more additional adhesive stamps of the next lower value which may be required to make up the exact amount of the fee. 2. When fees amount to or exceeds Rs. 25When in any case the fee chargeable under the Act amounts to or exceeds Rs. 25 and the amount can be denoted by a single impressed stamp it shall be denoted by a single impressed stamp of the required value bearing the words Court -fee and over printed with the word Delhi. But, if the amount cannot be denoted by a single impresse d stamp, or if a single impressed stamp of the required value is not available, an impressed stamp of the next lower value available shall be used, and the deficiency shall be made up by the use of four or more additional impressed stamps of the next lower values available which may be required to make up the exact amount of the fee, in combination with adhesive stamps to make up fractions of less than Rs. 25. 3. Fraction of an annas to be omitted in calculating feeIf in any case the amount of the fee chargeable involves a fraction of an anna, such fraction shall be remitted. 4. Certificates given by a stamp vendor when a single stamp is not availableWhere a stamp of the required value is not available, the purchaser shall obtain a certificate from the vendor to that effect in the form below. The certificate shall be affixed to the document and filed with it:

(Form of Certificate)
Certified that a single stamp of the value of Rs. . . . . . required for this document is not available, but in lieu thereof, I have furnished a stamp of the next lower value available and made up the deficiency by the use of one or more adhesive/impressed stamps of the next lower values available required to make up the exact amount of the fee. Signature of stamp vendor. 5. Mode of stamping and engrossing instruments for which a single stamp is not availableAn adhesive stamp which may be used under Rule 2 shall be affixed to the impressed stamp of the heighest

value employed in denoting the fee, or to the first sheet of the document, to be inscribed in such manner as not to conceal the value of the stamp thereon. 6. Directions for the use of plain paper with impressed stamps When one or more impressed stamps used to denote a fee are found insufficient to admit of the entire document being written on the side of the paper which bears the stamp so much plain paper may be joined thereto as may be necessary for the complete writing of the document, and writing on the impressed stamps and on the plain paper shall be attested by the signature of the person or persons executing the document. [Delhi Government Notification No. F. 27(6)/54, G.A. & R., dated 29th March, 1954, Published in the Delhi Gazette, Part V, dated April 8, 1954].
Part C]

Part CANCELLATION OF COURT-FEE STAMPS

Rules made by the High Court for regulating the cancellation of Court-fee Stamps

Rules
1. Cases when cancellation of Court-fees is to be effectedThe cancellation of Court-fee stamps shall be effected (a) when a document bearing a Court-fee stamp is received by a Court competent to receive the same; (b) when a Court-fee stamp is paid in on account of process-fee; (c) when a Court-fee stamp is affixed to a document issued by any Court or office; (d) when the record of a case in which Court-fee stamps have been filed is finally made over to the Record-keeper for safe custody. 2. Mode of cancellation of stamps on documents received by a Court or received on account of process feeCourt-fee stamps falling under clauses (a) and (b) of the foregoing rule shall be cancelled immediately on receipt of the document or stamp, by such officer as the Court may from time to time appoint, in writing, in the manner prescribed by Section 30 of the Court-fees Act. As an additional precaution, the cancelling officer should affix his signature, and the date, across each label, at the time of cancellation, in durable ink. NoteIn order to ensure compliance with the Rules 2, 3 and 4 and uniformity of practice in the State it has been decided that round punches shall be used by Courts and office and triangular punches by the record room staff. Both kinds of punches are obtainable from the Controller of Stationery, Calcutta. Care should be taken to see that all round punches in Courts and offices in a district are a uniform size in order to prevent fraud arising from the stamps, already punched being punched again with a larger punch. 3. Mode of cancellation of stamps on documents issued by a Court or office In regard to stamps on documents falling under clause (c) or Rule 1 of the Central Government have directed in Financial Department Resolution No. 3373, dated the 24th September, 1875, that the Court or office

issuing copies, certificates, or other similar documents liable to stamp duty under the Court-fees Act shall, before issue, cancel the labels affixed to them by punching out a portion of the label in such a manner as to remove neither the figure-head nor that part of the label on which its value is expressed, and that, as an additional precaution, the signature of the officer attesting the document, with the date, shall be written across the label, and upon the paper on either side of it. 4. Cancellation of stamps by Record-keeperThe rules for the cancellation of Court-fee stamps by the Record-keeper are contained in a resolution of the Central Government in the Financial Department, No. 1763, dated the 24th July, 1873, in which it is ordered that the Record-keeper of every Court shall, when a case is decided and the record consigned to his custody, punch a second hole, or, in the case of stamps falling under clause (c). Rule 1, a third hole, in each label, distinct from the first and note the date of doing so at the same time. Special attention is requested to the words in italics, as the direction therein contained is always not complied with. The Record-keepers punching should not remove so much of the label as to render it impossible or difficult to ascertain its value or nature. From the resolution of the Central Government, No. 3047, dated 5th September, 1883, it will be seen that these directions apply to adhesive labels used under the Act, and not to impressed stamps which need not be punched a second time. 5. Certificate required when a record is transferred from one official to anotherWhenever the custody of a record containing Court-fee stamps is transferred from one official to another before final disposal, the receiving officer shall examine the Court-fee stamps in the record and either certify on the index of papers that they are complete, or immediately bring to notice any deficiency, as the case may require. 6. Record-keeper to see that stamps in the record are completeRecord-keepers will be held personally responsible that the stamps appertaining to the records under their charge are complete, and that they have been duly cancelled in accordance with these instructions. Should a record be sent into the record-room in which the stamps are incomplete or not duly cancelled the Record-keeper shall report the circumstances at once to the head of the office, and shall defer entering the case in its appropriate register until orders have been passed in the matter. 7. Certificate as to the completeness of stamps when a record is taken out of record-room When a record containing Court-fee stamps is taken out of the record-room for any purpose, each official through whose hands it passes must note on the index of papers or on the list of records where such a list is with the record, that he has examined the Court-fee stamps in the record, and that they are complete, or, if they are not complete, at once report the fact for orders. Notes1. To facilitate the examinations required by the above rules a column has been inserted in the index of papers attached to each record which shows at a glance what papers in the record bear Courtfee stamps, and the number and value of the stamps attached to each of such papers. 2. Precautions against the fraudulent use of stampsFurther precautions against the fraudulent use of Court-fee labels a second time were, under the orders of Government, prescribed by the Superintendent of Stamps in his Circular No. I, dated 24th April, 1877 of which the effective portions are extracted below. It is to be noted that at that time adhesive labels alone were used to denote fees of Court: The most important point to be guarded against is the re-use of stamps which have once been used; such stamps may have been punched, or they may have been left unpounched, and passed into the recordoffice and there removed. In the case of a removed stamp that has been punched once, it is clear that its use a second time can only be effected by the dishonesty of the subordinate official who, in the first

instance receives the document presented by suitors. In the case of a removed stamp that has not punched, it is possible that it may have been so little injured in the removal as to be used second time without detection, unless the stamps be closely examined and it may pass undetected, whether from dishonesty or from want of vigilance on the part of that official. In order effectually to prevent frauds of this nature, it is absolutely necessary that the subordinate official whose duty it is to see that the full fee has been affixed in each case and to punch the stamps and to record orders, should be made to stand or sit within full view of the officer and in that position to perform his task, certifying on each petition that the full fee has been affixed, and all stamps have been punched. It is of the utmost importance that this subordinate should be allowed no time or opportunity for tampering with the stamps. When fields of decided cases are sent to the record-room the Record-keeper should be required, without any loss of time ... to examine the stamps and punch a second hole in each stamp, affixing the date on which he does so. Copy of a resolution of the Central Government in the Department of Finance and Commerce, No. 3047, dated Simla the 5th September, 1883. ResolutionIt was directed in Financial Resolution No. 1763, dated 24th July, 1873 that the Record-keeper of every Court shall, when a case is decided and the record consigned to his custody, punch a second hole in each label distinct from the first which is prescribed by Section 30 of the Courtfees Act, and note the date of doing so at the same time. These directions apply only to adhesive labels used under the Court-fees Act. Impressed stamps used for denoting Court-fees need not be cancelled or punched otherwise than as required by Section 30 of the Court-fees Act. 8. Instructions to be observed when two or more impressed stamps are usedThe following executive instructions to be observed when a document is written upon two or more impressed stamps which are used to make up the fee chargeable under the Court-fees Act, 1870, have been issued by the Financial Commissioner: When two or more impressed stamps are used to make up the amount of the fee chargeable under the Court-fees Act, a portion of the subject-matter shall ordinarily be written on each stamped sheet. Where this is impracticable or seriously inconvenient, the documents shall be written on one or more sheets bearing impressed stamps of the highest value, and the remaining stamps shall be punched and cancelled by the Court and filed with the record, a certificate being recorded by the Court on the face of the first sheet of the document to the effect that the full Court-fee has been paid in stamps. The writing on each stamped sheet shall be attested by the signature of the person or persons executing the documents.
Part D]

Part INSTRUMENTS NOT THE INDIAN STAMP ACT, 1899

DULY

STAMPED

D UNDER

1. Sections 33 to 35 of the Indian Stamp Act are mandatoryAttention is called to the provisions of Sections 33 to 35 of the Indian Stamp Act, II of 1899, in regard to instruments, not duly stamped. The procedure laid down in these sections is mandatory and not discretionary; whatever discretion is permitted under the Act vests in the Collector alone, after the instrument is before him, and with that the Civil Courts have no concern.

2. Duty of public officers to examine and impound documents not duly stampedBy Section 33 of the Indian Stamp Act, 1899, all public officers, with certain exceptions, are required to examine every instrument chargeable with duty which comes before them in the performance of their official functions and to impound any instrument which appear not to be duly stamped. Every Court impounding an instrument must forthwith note it as impounded, such note being dated and signed with the ordinary full signature of the impounding officer. 3. Conditions on which a document not duly stamped may be admitted in evidence Under Section 35 of the same Act, every such instrument, not being an instrument chargeable with a duty of one anna or half an anna only, or a bill of exchange or promissory-note, may be admitted in evidence in a Civil Court if the party desiring to use it shall pay the amount necessary to make up the proper stamp duty, together with a penalty of Rs. 5, or when ten times the amount of the proper duty or deficient portion thereof exceeds Rs. 5, then with a penalty of ten times such duty, or portion. Under clause (b) of Section 35, however, an unstamped receipt may be admitted in evidence against the person who has given it, on payment of a penalty of one rupee by the person tendering it. The amount realized under Section 35 should be paid into the local treasury, sub-treasury, or branch of the State Bank of India, as the case may be, the same day or on the morning of the next day at the latest and the original treasury or bank receipt transmitted to the Superintendent of the Collectors Office together with an authenticated copy of the impounded document as referred to in paragraph 5 and 6 below. NoteSo far as the deposit of the amount realised under Section 35 is concerned these orders may be relaxed in the case of Courts which are situated at placed where there is no treasury; sub-treasury, or branch of the State Bank of India. In such cases the amount may be deposited at the nearest treasury or sub-treasury twice a month or at such intervals as may be prescribed in the case of other deposits. 4. Certificate to be endorsed on a document admitted in evidence on payment of duty and penaltySection 42 requires that Civil Courts shall certify by endorsement on every Instrument admitted in evidence under Section 35 of that the proper duty and penalty have been levied in respect thereof, and shall also state the name and residence of the person paying them. 5. Duty of Court to send to Collector the impounded document or its copy in certain cases Section 38 requires every Civil Court to send to the Collector an authenticated copy of every impounded instrument admitted in evidence, with a certificate in writing stating the amount of the duty and penalty levied in respect thereof. The endorsement required by Section 42 should be transcribed on such copy, when an impounded instrument has not been admitted in evidence whether from failure to pay the requisite duty and penalty, irrelevancy, want of registration or other cause it must be sent in original to the Collector. In such cases the provisions of Section 46, sub-section (2), are applicable. The copy to be made under this section must be retained in the custody of the Court. 6. Return of documents admitted in evidence on payment of duty and penaltySection 42, sub-section (2), entitles any person tendering a document on which deficient stamp duty and penalty has been levied under Section 35 to reclaim the same, but the proviso to that section directs that the Court shall not, under any circumstances, deliver such documents before the expiration of one month from the date of impounding it. If the Collector has certified that the further detention of such document is necessary, the Court shall not deliver it until such certificate is cancelled. It is obvious that the transmission of the copy to the Collector should be made with the least possible delay to enable him to make such inquiry as may be necessary within the month for which the instrument is to be detained.

Every such copy should be despatched not later than 45 hours from the time when the original is impounded. 7. Duty or penalty paid may be included in costsAny duty or penalty paid under Sections 35, 37, 40 or 41 by any person, which by agreement or under Section 29 or any other law, another person was bound to pay, may be included in costs or otherwise recovered by the person paying such duty or penalty as provided in Section 44.
Part E]

Part STAMP DUTY ON COPIES AND PETITIONS

1. Copies not liable to Court-fee dutyThe authenticated copies required by Section 38 and Section 46, sub-section (2), are not liable to Court-fee duty. 2. Copies liable to Court-fee dutyThe attention of all Civil Courts is drawn to the annexed circular of the Punjab Government No. 6699, dated the 18th April, 1894 (Financial), on the subject of the levying of stamp duty on copies of documents falling under the Court-fees Act and the Stamp Act: It has been brought to the notice of the Lieutenant-Governor that copies of documents falling under Articles, 6, 7 and 9 of Schedule I of Act VII of 1870 (the Court-fees Act) and Article 22 of Schedule I of Act I of 1879 (the Indian Stamp Act) are often submitted with petitions without being stamped, in the former case the copies being no doubt obtained for private use. The exemption from stamp duty of copies of documents taken for private use does not, however, cover the receipt of such copies by a public officer, and the Lieutenant-Governor is, therefore, pleased to issue the following orders for information and guidance of all officers: A copy of document referred to in Articles 6, 7 or 9 of Schedule I, Act VII of 1870, or in Article 22 of Schedule I, Act I of 1879, and accompanying a petition to a public officer must bear the stamp of the value indicated in the above articles. Section 6 of Act VII of 1870 absolutely prohibits the receipt of documents not duly stamped. Every such document should be returned to the sender or presenter. A petition enclosing copy not duly stamped should, ordinarily, if the consideration of the unstamped document is essential, be returned to the sender or presenter with a direction that orders cannot be passed unless it is resubmitted with the copy duly stamped. 3. Court-fees on application to Chief Revenue or Executive authorityAttention is called to the annexed letter on the subject of the levying of stamp duty on petition under the Court-fees Act.

______________ No. 3790-S.R., dated Simla, 27th July, 1894

FromJ.E.OConnor, Esq., Assistant Secretary to the Government of India, Finance and Commerce Department. ToThe Chief Commissioner of Burma.

I am directed to acknowledge the receipt of your letter No. 313- 2-S-10, dated the 16th April, 1894, requesting, in connection with an application to the Finance Commissioner from a lessee of certain lead mines in Burma, to dispose of his interest in them to another party, that it may be authoritatively ruled what are the classes of communications from the general public to Government which are liable to the duty leviable under the Court-fees Act, VII of 1870. 2. I am to say that in the opinion of the Central Government the law does not require, and was not intended to require, that application of every description to a Chief Commissioner or other Chief Revenue or Executive authority should be stamped under clause (c) of Article I of Schedule II of the Court-fees Act, VII of 1870. That clause applies only to petitions and applications in connection with a proceeding which is being taken before a Chief Commissioner or other authority specified therein with a view to the exercise/non-exercise of some power or authority conferred upon him by some law or rule having the force of law. 3. I am to request that this view may be acted upon in future.
Part F]

Part AUDIT AND CONTROL OF STAMP REVENUE IN THE PUNJAB

The following instructions for the audit and control of Stamp Revenue in the Punjab, are issued by the Governor of Punjab, the Punjab High Court and the Financial Commissioners, in their judicial capacity, for the guidance of all officers and Courts under their respective control:

Rules
1. TitleThese rules shall be termed The Punjab Stamp Audit Instructions, 1933. 2. Appointment of stamp auditorsThere shall be appointed stamp auditors for the purpose of the audit of every document requiring a stamp which is presented to a Court of law other than the High Court or a public office. 3. Controlling AuthorityThe Financial Commissioner as the Chief Controlling Authority will determine the districts within the jurisdiction of each auditor and fix his headquarters. The auditors shall be under the direct control of the Commissioner of the division in which they are from time to time operating and shall be authorised by the Collector in writing in the term of Section 73 of the Indian Stamp Act. 4. Tour programme of auditorsThe auditor shall prepare a bi-monthly programme of his tour by districts and after obtaining the approval of the Financial Commissioner give due notice to the Collector of the district concerned and the Commissioner of the division of his forthcoming visit. The auditor shall spend the least possible time on travelling and more time on actual audit work. He shall visit each district in his charge once a quarter and spend about eight days at the headquarters of a district and two days at each tahsil. 5. Scope of auditThe auditor shall, on visiting a district, audit all fresh institutions, documents and files pending or otherwise in all Courts and registration and other offices including record-rooms; such inspection shall be from the date on which the last audit terminated.

The auditor shall, in particular, see that the stamps used are genuine and have not been removed from files and re-used. 6. Registers of stamp deficiencyEvery person described in Section 33 of the Indian Stamp Act and every public official referred to in Section 6 of the Court-fees Act shall maintain a record of stamp deficiencies in Civil Register XVIII. The Collector shall, in addition to the said register maintained by him in respect of his own Court, maintain a register in Form S.A. 5, of documents sent to him under Section 38 of the Stamp Act. These registers shall be maintained in respect of all deficiencies whether found in audit or independently. 7. Auditor to check these registersThe auditor shall examine the register No. XVIII maintained by the Court or office with a view to seeing that it is properly maintained and that collections are made not only on account of deficiencies detected in audit but on account of deficiencies detected independently. He shall also examine the register maintained by the Collector in form S.A. 5. 8. Deficiencies in stamps to be notified to the CollectorOnce a case has been decided and consigned to the record-room, deficient Court-fees are not recoverable under the existing law; instances, therefore, of such short recoveries in Court-fees as may be brought to light in the general record-room will merely serve the purpose of educating readers and moharrirs or taking disciplinary action against them. But deficiencies in stamp duty may be brought to the notice of the collector of the district with a view to action under Section 61 of the Stamp Act. 9. Help to be rendered to the auditor by the Courts and officialsThe presiding officers of all Courts and heads of offices will give the auditor access to all records and accounts, etc., and, so far as lies in their power, assist him in the performance of his duties. 10. Auditor to draw attention of officers as to their powers and duty re, insufficiently stamped documentsIn the course of his audit the auditor shall draw the attention of presiding officers of Courts and heads of offices to documents before them which are insufficiently stamped, and shall advise them where necessary in relation to their powers and obligations as follows : (i) Under the Stamp Act (a) To impound documents under Section 33 of the Stamp Act. (b) To admit unstamped documents in evidence under Section 35. (c) To dispose of impounded documents under Section 38. The Collector may also ask the auditor to note on cases coming before him under Sections 39 to 43 and also seek any other assistance which he may consider necessary. (ii) Under the Court-fees Act: To determine correct fee leviable on any document. The auditor, if necessary, will discuss the point at issue with the presiding officer and if required by him be present at the discussion in Court before order are passed. 11. Register S.A. 1.The auditor will maintain for each district a register in Form S.A. 1, in which he will note as it is discovered, each deficiency in stamp duty and Court-fees.

12. Officers to whom copy of audit note is to be sentAfter discussion of his preliminary notes with the presiding officer or head of the office, the auditor will prepare a formal audit note and send typewritten copies to the presiding officer or the head of the office, as the case may be, and to the Collector of the district concerned. This note will include a statement in Form S.A. 3 of deficiencies discovered, and columns 1 and 6 to 15 be left blank. Copies of audit notes on revenue Courts and offices, including Sub-Registrars, should also be sent to the Commissioner of the division. In the case of Civil Courts, where the audit discloses some serious defects, a copy of the audit note should be sent to the District and Sessions Judge through the Collector of the district. 13. Action to be taken Audit Note, Form S.A. 3The presiding officer of the Court or the head of the office shall transfer columns 2 to 5 of Form S.A. 3 to Civil Register XVII and proceed to take necessary action on the note. In cases where he does not agree with the auditor or where he considers it necessary to hear the party concerned before passing orders, he shall, where possible, discuss the matter with the auditor. The presiding officer or head of the office will return the Form S.A. 3 to the auditor after completing columns 1, 6 to 8 and noting in column 15, the cases, if any, in which he disagrees with the auditor, but without necessarily completing columns 9 to 14. The auditor after completing his register will return the form to the Court or office report to the Collector any case in which the presiding officer or head of the office has been unable to take the advice of the auditor. The Collector (if he thinks fit and after consulting the Financial Commissioner, if necessary) will take action under Section 61 of the Stamp Act, or in the case of the Court-fees Act, draw the attention of the appellate Court, or take other appropriate action in the case of other offices. 14. Posting of recoveries in proper register and writing off irrecoverable items All Courts and offices shall, in addition to the account of recoveries effected by them in Civil Register XVIII, show recoveries effected at the instance of the stamp auditor in columns 10 and 11 of the said register and also S.A. 3. Irrecoverable loss of stamp revenue is required to be written off under paragraph 20.19 of the Book of Financial Powers, and shall be entered in columns 18 and 19 of register XVIII and columns 11 and 12 of Register S.A. 3. They shall also send to the auditor at the end of each months their copies of Form S.A. 3, so that he may complete his returns of recoveries made at his instance from time to time and irrecoverable items written off, after which he will return the form to the Court or office. If the Court or office has sent a document to the Collector under Section 38 of the Stamp Act, it will have no concern with columns 9 to 12. 15. Action to be taken by auditors re: pauper suits. Register S.A. 5Special attention shall be paid by the auditors to pauper suits and all their stages carefully watched while they are pending in Courts. After their disposal the auditors shall draw the attention of the Collector to the Court- fees realizable, and shall suggest to him what steps will ensure early realization. When a Court fails to pass an order for costs, the auditor shall advise the Collector to move the Court concerned under Order 33, Rule 12, Civil Procedure Code. The auditor shall keep a register of all such cases in Form S.A. 5. 16. Auditor to check applications for refund of value of stamps and registers of stamp vendorsThe auditor shall, at the time of his visit to a district, inspect the applications for grant of refund of the value or renewal of spoilt and unused Court-fee and non-judicial stamps and register maintained by the Refund Clerk and report the result of his inspection to the Collector of the district. The auditor shall also inspect the registers of stamp vendors and check their stock of stamps.

17. Defects in the vend be brought to arrangements to the notice of the CollectorThe auditor shall bring to the notice of the Collector defects in the vend arrangements and make suggestions where necessary for improvement of the arrangements. 18. Monthly reports by auditors Form S.A. 4The auditors shall monthly submit report by districts to the Assistant Secretary to Financial Commissioners through the Collector and Commissioner. In these reports the auditors should give details of the period spent, and of the work done on each day. They should also state the total number of cases examined by them and note separately for each district the total number of deficient stamp duty discovered and recovered at their instance under the following heads : (1) On plaints; (2) On copies; (3) On applications, etc.; (4) On process fees; (5) On objection petitions; (6) On powers of attorney; (7) On security bonds, etc., filed in Courts; (8) On miscellaneous petitions in the English record; and (9) On documents filed by the parties. The report shall be accompanied by a statement in Form S.A. 4 showing district totals and also copies of the audit notes on the Courts and offices audited. 19. Certificate in Form S.A. 6 to be attached to travelling allowance, bills by auditors In support of their claims for travelling allowance the auditors will obtain from the presiding officers of Courts and Collectors a certificate in Form S.A. 6 and attach it to their monthly travelling allowance bills. 20. Review of stamp audit system by Financial CommissionerThe Local Audit Department is relieved of the audit of stamp duty and Court-fees. A brief account of the work done under this system shall be included by the Financial Commissioners in their annual note on the Stamp Administration. (Punjab Government U.O. No. 418-P. F-47-S, dated the 19th May, 1933). 2. The forms prescribed in these rules may be obtained on indent from the Controller of Printing and Stationery, Punjab.

F.C.s Stereo A & T No. 353 (Form S.A. 3.)

NOTE OF DEFICIENCIES DISCOVERED IN AUDIT TO BE SUBMITTED TO COURT OR OFFICE CONCERNED WITH HIS INSPECTION NOTE BY THE AUDITOR District ............................................ Court of Office.............................................
Serial No. No. in of suit civil register XVIII Brief particulars of suit or case Deficiency in stamp duty or Court-fees Serial No. in register S.A. 1 State if sent to Collector under Section 33 of Stamp Act 6 Duty recoverable under Section 35 of Stamp Act or under the Courtfees Act

Penalty Recovered imposed under Section 35 of Stamp Act Duty Penalty

Written off as Balance irrecoverable by competent authority Duty Penalty Duty (column Penalty (column 7columns 9 8columns 10 and 11) and 12)

Remarks

10

11

12

13

14

15

F.C.s Stereo A & T No. 351 (Form S.A. 1.) District of ............................................
REGISTER OF STAMP DEFICIENCIES DISCOVERED BY THE AUDITOR (AUDITORS REGISTER)
Serial Court or No. of Brief No. office and suit particulars name of of suit or case presiding officer 1 2 3 4 Deficiency in State if case has Penalty if any stamp duty or been sent to under Section 35 Court-fees Collector under of Stamp Act discovered Section 38 of Stamp Act 5 6 7

By Court or Office

By Collector

Amount recovered at the Amount recovered Amount written off Remarks instance of the auditor at the instance of the auditor as irrecoverable by competent authority Duty Penalty under Duty Section 35 of Stamp Act 9 10 Penalty under Duty Section 35 or 40 of Stamp Act 11 12 Penalty

13

14

F.C.s Stereo A & T No. 354 (Form S.A. 4)

STATEMENT SHOWING DEFICIENCIES IN STAMP DUTY AND COURT-FEES DISCOVERED BY . . . . . . . . . . . . . . . . . . STAMP AUDITOR, AND RECOVERIES MADE BY COURTS AND COLLECTORS OF THE . . . . . . . . . . . . . . . . . . DISTRICT DURING THE MONTH 19 . . . . . . . . . (To be submitted by the Auditors to the Financial Commissioners Monthly )
District Deficiencies in Courtfees and stamp duty discovered during the month Deficiencies in Courtfees and stamp duty discovered during the previous month Total Columns 2&4 Duty 6 3&5 Penalty 7 of Recoveries made by Courts and Collectors at the instance of the auditor during the month Recoveries made during previous months

Duty 1 2

Penalty 3

Duty 4

Penalty 5

Duty 8

Penalty 9

Duty 10

Penalty 11

Amount written off irrecoverable during month

as the

Amount written off as irrecoverable during the previous month

Total of Columns 8, 10, 12 & 14 Duty 16

Balance Column 6 column 16 Duty 18 Column 7 column 17 Penalty 19

Remarks

9, 11, 13 & 15

Duty 12

Penalty 13

Duty 14

Penalty 15

Penalty 17

20

F.C.s Stereo A & T No. 335 (Form S.A. 5.) District ....................................................
REGISTER OF DEFICIENCIES IN STAMP DUTY DEALT WITH BY THE COLLECTOR
Brief Particulars of case Demand

Name of plaintiff or appellant

Name of plaintiff or respondent

Court or office from which sent Section under which sent

Description of document impounded and nature of deficiency

Name and address of the person presenting the document

If discovered in audit, state date and serial No. in register S.A. 1.

Duty

Penalty

Serial No. 1 2 3 4 5

10

F.C.s Stereo A & T No. 356 (FORM S.A. 6.)

Certified that . . . . . . . . . . . . . . . . . . . ., Stamp auditor, started audit in this Court/office on . . . . . . . . . . . . . . . . . . . and audited the stamp and Court-fee accounts of this Court or place/office for . . . . . . . . . . . .. days. Dated . . . . . . . . . . Place . . . . . . . . . . . Signature of Officer of Court, or Head of Office.
Part G]

Presiding

PART AUDIT AND CONTROL OF STAMP REVENUE IN DELHI

The following instructions for the audit and control of the stamp revenue in Delhi are issued by the Chief Controlling Revenue Authority in consultation with the Honourable Judges of the High Court for the guidance of all officers and Courts under their respective control:

RULES
1. TitleThese rules shall be termed The Delhi Stamp Audit Instructions, 1939. 2. Appointment of Stamp AuditorsThere shall be appointed a stamp-auditor for the purpose of the audit of every document requiring a stamp which is presented to a Court of law other than the High Court, or to a public officer. 3. Controlling authorityThe auditor shall be under the direct control of the Chief Controlling Revenue Authority and shall be authorised by the Collector in writing in the terms of Section 73 of the Indian Stamp Act. 4. Monthly programme of auditorThe auditor shall prepare a monthly programme of audit and after obtaining the approval of the Chief Controlling Revenue Authority to it, give due notice to Presiding Officers of Courts and heads of offices of the work which he proposes to do. 5. Scope of auditThe auditor shall audit all fresh institutions, documents, and files pending or otherwise in all Courts and registration and other offices including record rooms. Such inspection shall be from the date on which the last audit terminated. The auditor shall, in particular, see that the stamps used are genuine and have not been removed from files and re-used. 6. Registers of stamp deficiencyEvery person described in Section 33 of the Indian Stamp Act and every public official referred to in Section 6 of the Court-fees Act shall maintain a record of stamp

deficiencies in Civil Register No. XVIII. The Collector shall, in addition to the said register maintained by him in respect of his own Court, maintain a register in Form S.A. 5 of documents sent to him under Section 38 of the Stamp Act. These registers shall be maintained in respect of all deficiencies whether found in audit or independently. 7. Register to be checked by auditorThe auditor shall examine the Register No. XVIII maintained by each Court or office with a view to seeing that it is properly maintained and that collections are made not only on account of deficiencies detected in audit but on account of deficiencies detected independently. He shall also examine the register maintained by the Collector in Form S.A. 5. 8. Deficiencies in stamps to be notified to the CollectorOnce a case has been decided and consigned to the record-room, deficient Court-fees are not recoverable under the existing law, instances, therefore, of such short recoveries in Court-fees as may be brought to light in the general record-room will merely serve the purpose of educating readers and moharrirs or taking disciplianry action against them. But deficiencies in stamp duty may be brought to the notice of the Collector with a view to action under Section 61 of the Stamp Act. 9. Facilities to be afforded to the auditorThe presiding officers of all Courts and heads of offices will give the auditor access to all records and accounts, etc., and, so far as lies in their power, assist him in the performance of his duties. 10. Auditor to draw attention of officers to their powers and duties re : insufficiently stamped documentsIn the course of his audit the auditor shall draw the attention of presiding officers of Courts and heads of offices to documents before them which are insufficiently stamped, and shall advise them where necessary in relation to their powers and obligations as follows (i) Under the Stamp Act (a) To inpound documents under Section 33 of the Stamp Act. (b) To admit unstamped documents in evidence under Section 35. (c) To dispose of impounded documents under Section 38. The Collector may also ask the auditor to note on cases coming before him under Sections 39 to 43 and also seek any other assistance which he may consider necessary. (ii) Under the Court-fees Act To determine correct fee leviable on any document. The auditor, if necessary, will discuss the point at issue with the presiding officer and, if required by him, be present at the discussion in Court before orders are passed. 11. Register S.A. 1The auditor will maintain a register in Form S.A. 1, in which he will note as it is discovered, each deficiency in stamp duty and Court-fees. 12. Officers to whom copy of audit note is to be sentAfter discussion of his preliminary notes with the presiding officer or head of office, the auditor will prepare a formal audit note and send typewritten copies to the presiding officer or the head of the office, as the case may be, and to the

Collector. This note will include a statement in Form S.A. 3 of deficiencies discovered, and columns 1 and 6 to 15 will be left blank. Copies of audit notes on revenue Courts and offices, including Sub-Registrars, should also be sent to the Chief Controlling Revenue Authority, Delhi. In the case of Civil Courts, where the audit discloses some serious defects, a copy of the audit note should be sent to the District and Sessions Judge through the Collector. 13. Action to be taken on audit note Form S.A. 3The presiding officer of the Court or the head of the office shall transfer columns 2 to 5 of Forms S.A. 3 of Civil Register No. XVIII and proceed to take necessary action on the note. In cases where he does not agree with the auditor or where he considers it necessary to hear the party concerned before passing orders, he shall, where possible, discuss the matter with the auditor. The presiding officer or head of the office will return the Form S.A. 3 to the auditor after completing columns 1 and 6 to 8 and noting in column 15, the cases, if any, in which he disagrees with the auditor, but without necessarily completing columns 9 to 14. The auditor after completing his register will return the form to the Court or office and report to the Collector any case in which the presiding officer or head of the office has been unable to take the advice of the auditor. The Collector (if he thinks fit and after consulting the Chief Controlling Revenue Authority, if necessary) will take action under Section 61 of the Stamp Act, or in the case of the Court-fees Act, address the appellate Court or take other appropriate action in the case of other offices. 14. Posting of recoveries proper registers and writing off irrecoverable items All Courts and offices shall, in addition to the account of recoveries effected by them in civil register XVIII, show recoveries effected at the instance of the Stamp auditor in columns 10 and 11 of the said register and also in register S.A. 3. Irrecoverable loss of stamp revenue is required to be written off under Article 227 of Civil Account Code, Volume I, and shall be entered in columns 18 and 19 of register No. XVIII and columns 11 and 12 of Register S.A. 3. They shall also send to the auditor at the end of each month, their copies of Register S.A. 3. So that he may complete his returns of recoveries made at his instance from time to time and irrecoverable items written off, after which he will return the form to the Court or office. If the Court or office has sent a document to the Collector under Section 38 of the Stamp Act, it will have no concern with columns 9 to 12. 15. Action to be taken by ancestors re: pauper suits Register S.A. 5Special attention shall be paid by the auditor to pauper suits and all their stages carefully watched while they are pending in Courts. After their disposal the auditor shall draw the attention of the Collector to the Court-fees realizable, and shall suggest to him what steps will ensure early realiztion. When a Court fails to pass an order for the auditor shall advise the Collector to move the Court concerned under Order 33, Rule 12, Civil Procedure Code. The auditor shall keep a register of all such cases in form S.A. 5. 16. Auditor to check applications for refund of value of stamps and also register of stamp vendorsThe auditor shall also inspect the applications for grant of refund of the value or renewal of spoilt and unused Court-fee and non-judicial stamps and register maintained by the Refund Clerk and report the result of his inspection to the Collector. The auditor shall also inspect the registers of stamp vendors and check their stock of stamps. 17. Defects in the vend Managements for sale of stampsThe auditor shall being to the notice of the Collector defects in the vend arrangements and make suggestions where necessary for improvements of the arrangements.

18. Monthly reports by auditors Form S.A. 4The auditor shall monthly submit report to the Chief Controlling Revenue Authority through the Collector. In these reports the auditor should give details of the period spent, and of the work done on each day. He should also state the total number of cases examined by him and note the total number of deficient stamp duty discovered and recovered at his instance. The report shall be accompanied by a statement in Form S.A. 4. 19. Certificate to be attached to travelling allowance billsIn support of his claims for travelling allowance the auditor will obtain from the presiding officers of Courts and Collector a certificate in Form S.A. 6 and attach it to his monthly travelling allowance bills. 20. Review of stamp Audit SystemThe total Audit Department is relieved of the audit of stamp duty and Court-fee. A brief account of the work done under this system shall be included in the Annual Administration Report.
1. The term Settlement Courts has been used to indicate Revenue Courts presided over by revenue officers conducting settlement operations. 1. Note to Item No. 27The register of mutation is one of the records maintained under Chapter IV of the Punjab Land Revenue Act, 1887, and no Court-fee is, therefore, chargeable on a copy thereof. This item also operates to remit the fee otherwise due on a copy of the mutation proceeding when presented with an appeal against the mutation orders. (Financial Commissioners Letter No. 4693-E. & S., dated the 31st August, 1932).

CHAPTER 7
Ch. 7

ProcessesCivil Courts
Part A]

Part GENERAL

1. General provisions, regarding services of summonsThe provisions regarding the service of summons on the parties, contained in Sections 27, 28, 29 and 143, Order V, Rules 9 to 30, Order XXVII, Rule 4, Order XXIX, Rule 2, Order XLVIII, Rules 1, 2 and 3, Order III. Rules 3, 5 and 6, Order XXVIII, Rules 3, Order XXX, Rule 3, and Order XLI, Rule 14 of the Civil Procedure Code as amended by the High Court should be strictly observed, as neglect of them may often render the service ineffectual, especially when person service cannot be made. 2. Rules regarding service in particular casesAttention is drawn to the following rules regarding service in particular cases Re : Service on agents. Order III, Rules 3 and 6, and Order V, Rules 12, 13 and 14. Order III, Rule 5. Order XXIX, Rule 2. Order XXX, Rule 3. Order XXVII, Rule 4 and Chapter 8 of Volume I. Order XXVIII, Rule 3, Order V, Rules 28 and 29 and Chapter 7-D of this volume.

Re : Service on pleaders. Re : Service on Corporation. Re : Service on Firms. Re : Service in suits against the Government. Re : Service in suits against Military or Naval men or Airmen. Re : Service by post.

Order V, Rule 10, as amended by the High Court and Rules 20-A, 21, 24 and 25. Chapter 14-B, Volume I. Chapter 12-E, paragraph 11, Volume I.

Re : Service re : appeals. Re : Service re : execution.

3. Service in cantonmentsSummonses for service on persons residing within the limits of cantonments should not be sent to Executive Officers of cantonments. 4. Service on witnessesThe general procedure of serving processes on witnesses is the same as in the case of defendants, (see Order XVI, Rule 8, and also Volume I, Chapter 5 WitnessesCivil Courts.) 5. Service of orders and noticesAll orders and notices issued under the Code are to be served in the manner provided for the service of summons (Order XLVIII, Rule 2). 6. Service of processes during trial, appeal and executionIn connection with the service of processes during the trial, attention is invited to Rules 19 to 25 of Order VII, Rules 11 and 12 of Order VIII and Order XLI (appeals), Rule 38 of the Code framed by the High Court under Section 122 of the Code of Civil Procedure. Under the new rules parties are required to file addresses for the purposes of serving notices on them during the trial. If the party concerned is not found at the address given, the procedure laid down in Order VII, Rule 22, should be followed, and if the party fails to appear on the date fixed notice should be sent to the address by registered post. Such service is then taken to be as effectual as personal service. The new rules are intended to facilitate service of processes on parties throughout the trial including appeals and executions and should be carefully studied. 7. Form of processesForms of processes will be found in Appendix B to Schedule I of the Code of Civil Procedure. In the case of persons of distinction a letter may be substituted for a summons if the Court thinks fit (Order V, Rule 30). 8. Form for return of processesThe forms prescribed for the return of processes by processservers (as amended by the High Court) should be followed as nearly as the circumstances of the case permit. These forms are reproduced in Appendix I to this Chapter. 9. Scale of process-feesFor the scale of process-fees see Chapter 5 of this Volume. For instructions as to the levy of fresh process-fees in certain cases and fees for substituted service see Part A of Chapter 5 of this Volume. 10. Processes sent by postWhen processes are transmitted by post, they should be sent under service covers, and should ordinarily be registered. (Section 143, Civil Procedure Code.) 11. Employment of process-servers for execution of warrants of attachment, arrest and sale Ordinarily bailiffs are to be employed for the execution of warrants of attachment, arrest and delivery of possession, etc., but process-servers may be employed for this purpose with the permission of the officerin-charge of the Nazarrat where the value of property involved is not high. Re : execution of warrants of sale by process-servers see Rule 24 (iv) Chapter 12-L, Volume I.

Part B]

Part SERVICE OF PROCESS (a) Mode of Service

1. Service by affixation not be made before the date fixed for scrutiny of service (i) Every attempt should be made to effect personal service in the first instance and failing that service on an agent or a member of the family. The process-server should go again and again for this purpose, if there is time before the date fixed for scrutiny of service, and obtain for each successive attempt at service, attestation of witnesses different from those who have attested reports of previous attempt(s). In other words service in any of the ways enumerated in Order V, Rules 12 to 16 of the Code of Civil Procedure, should be insisted upon and service by affixation as provided in Order V, Rule 17, Civil Procedure Code, should not be allowed till after the day fixed for scrutiny. (ii) Service by postAs for service by post, Order V, Rule 10 of the Code as amended in Punjab, provides that where the plaintiff so wishes, the Court may serve the summons in the first instance by registered post (acknowledgement due) instead of in the mode of service laid down in that rule. Order V, Rule 20-A now enables the Court to direct the summons to be served by registered post after it has been returned unserved for any reason whatsoever.
COMMENTS The Court should not proceed to hear a suit ex parte until it is proved to its satisfaction that summons has been duly served strictly in the manner provided in the High Court Rules and orders. The requirement of personal service has its roots in the fundamental rule of natural justice which demands that proceeding effecting mens rights should not continue in their absence without reasonably prior notice to them to present their case. Those whose interests may be directly affected by an order are entitled under the law to adequate opportunity to be headed. Arjan Singh v. Hazara Smgh, (1965)7 P.LR. 643.

2. Substituted serviceOrder V, Rule 20(1), of the Code of Civil Procedure, provides that when the Court is satisfied that the defendant is keeping out of the way for the purpose of avoiding service, or that, for any other sufficient reason the summons cannot be served in the ordinary way, service may be effected by affixing a copy of the summons in some conspicuous place in the Court house, and also in some conspicuous place of the house, if any, in which the defendant is known to have last resided, or carried on business, or personally worked for gain, or in such other manner as the Court thinks fit. 3. Plaintifs duty before obtaining orders substituted serviceIt should be noted, in this connection, that it is the plaintiffs duty to use his best endeavours to discover the de fendants residence and to satisfy the Court that he has done so and that the defendant is evading service or for any other sufficient reason cannot be served in the ordinary way. It is only after all the other prescribed methods of effecting service have been tried and have failed that it is open to the Court to exercise the discretionary power conferred by the concluding words of Order V, Rule 20(1), of the Code.
COMMENTS For the purpose of ensuring that every effort is made to effect personal service, the Court has a duty to pay personal attention to matters connected with the issue and service of processes and it may well be considered a dereliction of duty to leave this important function exclusively to the ministerial staff of the Court. Punjab Oil Expellers Co. v. Madan Lal Nanda &. Sons, AIR 1967 Delhi 28. Rule 3 also imposes a duty on the plaintiff to his best endeavour to discover the defendants residence and satisfy the Court that the defendant is evading service and cannot be served in the ordinary way. The matter of service is thus of primary importance as it is one of the fundamentals rules of our law of procedure that parties should have a fair and reasonable notice of

legal proceedings against them which they are entitled to defend. Punjab Oil Expellers Co. v. Madan Lal Nanda & Sons, AIR 1967 Delhi 28.

4. Publication in newspaperThe discretionary power alluded to above is frequently exercised by Courts by publication in one or more newspapers of a notice calling upon the defendant to appear. But in many cases this method is quite unsuitable. When, for example, the defendant is illiterate or belongs to a class which cannot be expected to read newspapers such notice is obviously useless. In the case of educated persons likely to read newspapers it may be proper to resort to this method, but even in such cases the practice should only be adopted as a last resort. 5. Publication allowed in approved paper onlyWhenever notice is to be published in a newspaper it should be published in newspaper approved by the High Court. A list of approved newspapers is circulated to subordinate Courts periodically. 6. Selection of paper to be made by the Presiding OfficerThe object of effecting substituted service by advertisement in a newspaper is to inform the defendant that proceedings are pending against him and that he should appear in Court. This object can only be achieved by publication in a newspaper of wide circulation, which is likely to be read by the defendant or the class to which he belongs. The selection of newspapers in which it is proposed to advertise should, therefore, be made by the Presiding Officer himself and not by a clerk of his office. 7. Preference to vernacular papers printed in the district of the person to be notified Care should also be taken that such notices are published as far as possible in vernacular papers, vernacular being the language of the subordinate Courts. They should only be published in papers printed in English if there is good reason to suppose that the persons concerned read English papers and are more likely to be reached in that way. Preference should be given to such papers as are printed in the District where the person notified resides; or if no news paper is printed in that District, to those printed in the District nearest to it, provided such papers have a good circulation and are likely to be read by the defendant or the class to which he belongs. 8. Duties of Manager of newspaperIn sending a judicial notice for publication in a newspaper, the Court should, in the Governing letter require the manager of the newspaper to send an intimation immediately after publication of notice to the Court and to send, under postal certificate, the copy of paper containing the notice to the party for whose perusal it is intended at the address given in the notice, marking the notice in question with red ink. He should also be required, as proof of compliance with this order, to attach the postal certificate to his bill when submitting the latter to the Court for payment. 9. Covering letter to be forwarded to the Director, Public Relations and action to be taken by himThis covering letter (for sending notice for publication) should be addressed to the Director, Public Relations, Punjab, and not to the Manager of the selected newspaper. The Director, Public Relations, will arrange for the publication of Court Notice in the newspaper indicated. If the publication charges are to the extent of the minimum amount fixed, he will direct the management of the newspaper to send the bill/bills for this publication direct to the Court concerned for payment. The bill/bills for publication charges above the minimum amount fixed will be received by the Director, Public Relations, Punjab. He will check and verify the publication charges and forward the bill to the Court concerned for payment. Court should pay the amount after checking the correctness of the Court notice published by the newspaper. 10. Advertisements in papers not on the approved listIf it is proposed for any special reasons to advertise in any paper, not on the approved list whether published in the Punjab as elsewhere, a

reference should first be made to the High Court to ascertain whether there is any objection to the course proposed.

(b) Personal attention to service

1. GeneralIt has been found by experience that delays in the disposal of civil suits are very often due to the failure of Presiding Officers to pay personal attention to matters connected with the issue and service of processes. The following instructions, must therefore, be strictly observed in future. 2. The Judge should watch process of service before date of hearingBetween the date of the issue of process and the date of hearing. Presiding Officers of Court must personally satisfy themselves that service is being effectually carried out and not content themselves with looking into the matter only on the date of hearing. 3. Court to fix dates for furnishing talbana, etc., and date for return of processIn order to achieve this object the following procedure shall ordinarily be observed in respect of service of all processes for attendance of parties or their witnesses (a) A very-near date shall be fixed for payment of process-fees and for the giving of adequate details of the persons to be served. On this date, the Judge shall satisfy himself that the fees, diet money, etc., have been paid and that the name, address and other particulars of the person to be summoned are reasonably sufficient to secure service. If these conditions have been satisfied, process shall then issue and two dates shall be fixed, the first for the return of the process with a report of the process-serving agency, and the other for the hearing of the case. The interval between the dates of issue and return on the one hand and between the dates of return and hearing on the other, shall in each case leave adequate time for the service of the process. It is not to be left to the discretion of the process-server to decide whether he shall effect personal or substituted service. (b) The date of the return should be clearly written on the summons and the Nazir should be warned to return the process before the said date. (c) Readers note about serviceA printed slip showing the following particulars should be filled in by the Reader of the Court and pasted below each order for issuing a process against a party or a witness: (1) The date when Talbana and address were put in. (2) The date on which the summonses were delivered by the Ahlmad to the Nazir. (3) The date on which the Nazir delivered the process to the process-server or sent it to any other agent. (4) The date of return by the process-server, or agent. (5) The date of return by the Nazir. (6) The name of the official who is to blame for non-service.

NoteIf the interval between the date of return and hearing is sufficient, a second date for return may be fixed. (d) Parties and Judges duty as to scrutiny of service on date of returnParties should be invited and encouraged to attend in person or by pleader on the date fixed for return of the summons. Whether they do so attend or not, the Presiding Officer should scrutinize the record and pass any order which may be required, such as an order for the issue of a fresh process. Parties should be encouraged throughout to take dasti summons to accompany the process-servers and to render all assistance in their power. (e) Judge to take into consideration partys conduct in deciding about adjournmentIn deciding whether to give a further adjournment when a process is not served, the Presiding Officer will be justified in taking into consideration whether the party asking for an adjournment had complied with the orders of the Court in paying process fees, diet money, etc., and in giving correctly and promptly the names and addresses of the persons to be served. 4. Process-servers affidavit re service of processA form of affidavit of the process-server which should accompany the return of the summons has been prescribed by the High Court. See Appendix I to this Chapter. Before passing an ex parte order the Court should make it a point to see that this affidavit duly filled in, is with the report of the process-server.
COMMENTS Rules 1 to 4, High Court Rules and Orders, Chapter 7-B(b) of Vol. IV contain important directions for the trial Court which deserve compliance. Punjab Oil Expellers Co. v. Madan Lal Nanda & Sons, AIR 1967 Delhi 28.

(c) Proof of Service

1. Court shall not proceed ex parte, if summons has not been duly served.No Court can rightly proceed to hear a suit ex parte until it has been proved to the satisfaction of such Court that the summons to a defendant to appear has been duly served, that is, has been served strictly in such manner as the law provides. 2. Process-servers report to be proved by affidavit or examination in CourtWhenever it is necessary, in ex parte proceedings, under Order IX, Rule 6, of the Code of Civil Procedure, to have the report of service of summons proved by the affidavit or statement in Court of the process-server he should be ordered by the Court to appear before the proper officer or Court. 3. Nature of proof of service in different casesThe nature of the proof of service which the Court ought to require in each case, according as it falls under one or other of the various relevant provisions of the Code of Civil Procedure relating to service of summons, may be shortly stated as follows: (i) Personal serviceWhen the summons or notice is served on the defendant or respondent personally, the service and the signature of the defendant or respondent on the back of the process should be proved. (ii) Service on agentIf the service be made under Order V, Rule 12, on an agent, it should be proved that this person was empowered to accept service, under Order III, Rules 2, 5 or 6, or Order V, Rule 13, of the Code, as the case may be. The party causing the service to be effected must give proof to this effect. It is a matter of which, ordinarily speaking, the serving officer would have no knowledge.

(iii) Service on incharge of propertyIf the service be made under Order V, Rule 14, it should be proved in like manner that the summons or notice could not be served on the defendant or respondent in person, and that he had no agent empowered to accept the service and that the person to whom the process was delivered was an agent of the defendant or respondent in charge of the land or other immovable property forming the subject matter of the suit. (iv) Service on adult male member of the amilyIf the service be made under Order V, Rule 15, it should be proved that the defendant could not be found or was absent from his residence and had no agent empowered to accept the service, and that the person to whom the process was delivered was an adult male member of his family, and was actually residing with him at the time of such service. It is to be noted that a servant is not a member of the family within the meaning of this rule. (v) Service by affixation under Order 5, Rule 17If the service be made under Older V, Rule 17, it should, in like manner, be proved .according to the circumstances of the case, either that the persons to whom the summons or notice was tendered refused to sign the acknowledgement, though he was informed of the nature and contents of the document, or that the defendant could not be found or was absent from his residence, and that there was no agent empowered to accept service, nor any other person on whom the service could be made; and, in either case, that the house, on the outer door of which a copy of the process was affixed, was the ordinary residence or place of business of the defendant at the time when it was so affixed. It is the duty of the Court in such cases to satisfy itself after taking the processservers affidavit or statement on solemn affirmation and after such further enquiry as may be necessary, that reasonable efforts were made without success to serve the defendant personally, and then declare whether the summons was duly served. Without such a declaration under Order V, Rule 19, the summons cannot be held to be duly served.
COMMENTS Rule 3(v) is directly in point which imposes an obligation on the Court to satisfy itself after taking the process-servers affidavit or statement on solemn affirmation and after further inquiry as may be necessary, that reasonable efforts were made without success to serve the defendant personally and then declare whether the summons was duly served. Punjab Oil Expellers Co. v. Madan Lal Nanda & Sons, AIR 1967 Delhi 28.

(vi) Substituted service under Order 5, Rule 20If the service be made under Order V, Rule 20, it should, in like manner, be proved that the house upon the door of which a copy of the process was affixed, was the house in which the defendant last resided or carried on business or personally worked for gain, and that the service was made in all respects in conformity with the order for substituted service which should accompany the process. (vii) Service by registered post under Order 5, Rule 20 AIf the service has been effected by registered post under Order V, Rule 20 A, an acknowledgement purporting to be signed by the defendant or his agent or an endorsement by a postal employee that the defendant or the agent refused to take delivery may be deemed by the Court issuing the summons to be prima facie proof of service. (viii) Service at address given by partiesIf service has been effected under Order 8, Rule 12, read with Order 7, Rule 22 (as framed by the High Court), it should be proved that the defendant was not found at the address given by him for service, that there was no agent or adult male member of his family on whom service would be made, that a copy of the summons or notice was affixed on the outer door of his house, and that on his failure to appear on the fixed date, summons or notice was sent to the registered address by registered post for the next date. (ix) Service on a firmIf the service be made under Order XXX, Rule 3, it should be proved that the summons or notice was served upon any one or more of the partners of the firm concerned, or at the

principal place at which the partnership business is carried on within India, on any persons having, at the time of service, the control or management of the partnership business there. In the case of a partnership which has been dissolved, the summons shall be served on every person within India, whom it is sought to make liable. 4. Proof of service is imperativeThe Court should in all cases obtain the proof which is above described as requisite by the verified statement, recorded in writing, of the person by whom the service was effected, or, if deemed necessary, by the examination in Court, as witnesses, of such persons as the Court may think fit to examine.
Part C]

Part C ISSUE OF SUMMONS OR OTHER PROCESS FOR SERVICE ON A PERSON EMPLOYED IN THE PUBLIC SERVICE
1. Service of summons on public officers or servant of local or railway company In regard to the service of summons upon the party or witness who is a public officer (not belonging to the Indian Military, Naval or Air Forces) or is the servant of a railway company or local authority it is open to the Court as provided under Order V, Rule 27 of the Code of Civil Procedure to serve the summons through the head of the office in which the said party or witness is employed if this course is considered more convenient. Ordinarily the summons should be served on the defendant or witness in the ordinary way and a copy sent to the head of the office or department at least 15 days (10 days in the case of local officers) before the date fixed for the hearing.
1

The method of effecting service through the head of the office will probably be found the most convenient in the case of defendants or witnesses employed in large administrative offices. In all cases where the summons is ordered to be served through the head of the office, an endorsement should be attached to, or written in the body of the summons, conspicuously in red ink, quoting the exact words of sub-rules 1 and 2 of Rule 29, Order V, Civil Procedure Code, which (in the case of witnesses read with Order XVI, Rule 8, Civil Procedure Code) imposes a duty on the head of the office to serve the summons on the subordinate to whom it relates if possible and to return it under his signature with the written acknowledgment of the defendant or witness; or if service is not possible, to return the summons to the Court with a full statement of the reasons for non-service. NoteThe case of Patwaris forms an exception to the above rule, and is governed by the rules in Chapter 5-B of Volume I. It should be noted that in such cases the summons should be forwarded to the Tahsildar for service, and should not be served direct or through the Deputy Commissioner. 2. Service of summons in suits against railway companiesIn the case of suits against railway companies, in addition to service in the usual way, a copy of the summons should be sent by post under Order XXIX, Rule 2(b): provided that if the summons is sent by registered post, service in the usual way may be dispensed with. 3. Sufficient time to be allowed for the official superior to arrange for relief of the person summonedA reasonable time should be allowed for the attendance of the person summoned, in order that his official superior may be able to make suitable arrangements for the conduct of his duties during his absence. 4. Vernacular RobkarsVernacular robkars may be sent to a Kanungo or any other official subordinate to a Deputy Commissioner, to give evidence. Robkars should not be addressed to the heads of

public offices and departments in which business is transacted in English. A covering letter or docket in English should be used.
Part D]

Part D ISSUE OR SUMMONS OR OTHER PROCESS FOR SERVICE ON PERSONS IN THE ARMY, NAVY OR AIR FORCE
1. Service of processes on employees in the Army, Navy and Air Forces(1) Order V, Rules 28 and 29, of the Code of Civil Procedure, provide for the service of processes on soldiers, sailors or airmen other than commissioned officers. Such processes should invariably be transmitted for service to the proper military authority. (2) Sufficient time to be allowed in fixing datesThere is no special provision in the Code for the service of processes on officers as distinct from soldiers; and such processes should ordinarily be served personally by the European Bailiff of the Court. If there is no European Bailiff attached to the Court, it will be convenient to sent the process to the commanding officer or the officer concerned for service in the manner indicated in Order V, Rules 28 and 29. 2. Fresh date should be given if time allowed proves insufficient In fixing dates for the attendance of persons in the Army, Navy or Air Force, the Courts should be careful to allow sufficient time. It should be remembered that in fixing a date for the appearance of the defendant in such cases, the time necessary for the transmission of the summons, through the usual channels, for service on the defendant must be taken into consideration, as well as the time which the defendant may, after service, reasonably require to make arrangements for obtaining leave and appearing in person or for appointing and giving instructions to an agent to represent him in the case. 3. On the day fixed for hearing, if it appear that from any cause the summons was not served in sufficient time to enable the defendant to make the necessary arrangements for appearing in person, or by agent, a fresh date must be fixed and notice given to the defendant, but this will seldom be necessary if Courts are careful in the first instance to allow sufficient time, as required by Order V, Rule 6, of the Code of Civil Procedure, and explained in the above remarks. 4. Service on agent or pleaderIt may be noted that when an officer, soldier, sailor or airman has authorised any person under Order XXVIII, Rule 1, to sue or defend in his stead processes may be served on such agent or upon any pleader appointed by such agent (Order XXVIII, Rule 3).
Part E]

Part E ISSUE OF SUMMONS OR OTHER PROCESSES FOR SERVICE ON A PERSON RESIDING WITHIN THE JURISDICTION OF ANOTHER COURT IN THE SAME OR ANOTHER STATE OR TERRITORY WHO HAS NO AGENT TO ACCEPT SERVICE WITHIN THE JURISDICTION OF THE COURT ISSUING THE PROCESS. SERVICE OF PROCESSES ISSUING TO OR FROM OTHER STATES AND TERRITORIES General
1. Different modes of serviceWhen the person to be served resides within the jurisdiction of another Court the Judge must decide how service is to be effected, and pass orders accordingly.

If the process has to be served within the jurisdiction of another Court but within the same district, the agencies located at tahsils will be employed, the processes being transmitted by post from one agency to another. If the process has to be served in another district, but within the State or Union territory it should be transmitted by post to the Senior Sub-Judge for service and return. But no Court should refuse to serve any process received for service within its jurisdiction from a Court in another district or State, or Union territory merely by reason of the process not having been sent through the senior Subordinate Judge. Processes issued to districts in other States or Union territories should be forwarded for execution to the District Judge of the district in which service of such process is desired, except where they are to be served within one of the Presidency towns (Order V, Rule 22, Civil Procedure Code), when they should be transmitted for service to the Judge of the Court of Small Causes. The Government of Bengal have decided that in the case of all warrants or other processes which are required to be executed or served by the Court of Small Causes, Calcutta, on or after the 1st June, 1942, conveyance charges at the rate of Rs. 1.50 nP. per warrant and annas 4 per copy of summons or other process shall be realised and paid in Court-fee stamps in advance and that before warrants or other processes are transmitted to that Court for execution of service, a certificate of realisation of the charge should be endorsed on the warrants or other processes, as the case may be, for the information of the Court of Small Causes, Calcutta, in the absence of which certificate it will not be possible for that Court to execute or serve warrants or processesGeneral Letter No. 4 (Civil) of 1942, from the Registrar of the High Court of Judicature at Fort William in Bengal, Appellate Side, copy endorsed to all District and Sessions Judges in the Punjab and Delhi with High Court endorsement No. 7391-R/XIX-F-2, dated the 4th August, 1942. 2. Full description to be give of person summonedIn issuing processes for service in other States or Union territories the presiding officer of the Court issuing the process should personally satisfy himself that such full particulars of the description of the person summoned are entered in the process as will render it unlikely that the serving officer should mistake the identity of the person summoned. The name, occupation and address should be recorded in the summons, together with any further particulars which, in the opinion of the Court, will facilitate service of the process. The issue of the process should be delayed until such particulars are satisfactorily furnished by the person applying therefor. The same should be taken in regarding to all processes which are to be served outside the jurisdiction of the Court issuing the process. 3. Processes should bear the seal and signature of the Court and show the name of the Court and DistrictAll processes should set forth distinctly both the Court from which the process issues and the name of the district. They should bear the seal of the Court and should be signed legibly. 4. Cases where in processes should be accompanied by translation in EnglishAll processes sent for service to any district, the vernacular of which differs from that in which, the process is written, should be in duplicate and accompanied by a translation in English. All reports made on the processes received for service from any district or State or Union territory the vernacular of which differs from that of the district in which the report is written, shall be translated into English, which translation shall accompany the process when returned to the Court issuing it. 5. Note on the Process that proper fee has been leviedIn every case in which application is made for the issue of a process to a place in India, but beyond the limits of the jurisdiction of the Court, the stamp requisite for the issue of such process, under the rules in force in the Punjab will be levied and affixed to the diary of process fees; and a note will be made on the process to the effect that the proper fee has been paid. A process issued by any Court in the Punjab will be served or executed free of charge in

any other part of India, if it be certified on the process that the proper fee has been levied under the rules in force in the Punjab (see also Chapter 5). 6. Process issued to or by any Court in India to be served free charge Process issued by any Courts in India will be served free of charge by the Punjab Courts under the same conditions as are mentioned in the proceeding paragraph, i.e., if it be certified on the process that the proper fee has been levied under the rules in force in that state or territory. 7. Summons to defendant but of India to be sent by postSummonses issued for service on a defendant residing out of India who has no agent in India empowered to accept service, shall be addressed to him at the place in which he is residing and sent by post in accordance with Order V, Rule 25 of the Code of Civil Procedure. 8. Correspondence with Courts in other States etc.All correspondence between judicial officers in Punjab and the Courts in other States and territories should be conducted in the English language. 9. Service of processes received from other districts should be watched by the presiding officerComplaints are frequently received that the processes sent for service to other district are not properly attended to. All processes received from other district should be shown regularly in the register Tamil Zilla Ghair and the disposal of the process should be watched by the presiding officer of the Court from time to time. 10. Duty of Court receiving summons from another Court for service If a summons is issued under the provision of Order V, Rule 21, of the Code of Civil Procedure, it is the duty of the Court serving the summons (a) to proceed as if it had been issued by such Court, (b) to return the summons to the Court of issue together with the record (if any) of its proceedings with regard thereto, and (c) to make the declaration referred to in Order V, Rule 19. In returning the summons from 10 of Schedule I, Appendix B of the Civil Procedure Code, should be used and should be duly signed and sealed. 11. Service in territories in India to which the Code does not extendAttention is invited to Section 28 of the Code which provides that such summonses and processes may be sent for service in another State to such Court as may be prescribed by rule in force in that State. The word State in this Section is to be construed according to the definitions contained in Section 3(58) and (41) of the General Clauses Act, 1897 (X of 1897). So construed, the provisions of the Section apply to service in territories forming part of India to which the Code does not extend as such territories are either included in or form a State. (Government of India Letter No. F-80(49)/55-G, dated the 29th February, 1956).
Part F]

Part F SERVICE OF THE PROCESSES OF THE COURTS IN INDIA IN PLACES BEYOND INDIA AND VICE VERSA
1. Service of summonses by postOrder V, Rule 25, of the Code of Civil Procedure provides, generally, that if the defendant resides out of India, and has no agent in India empowered to accept the

service, the summons shall be addressed to the defendant at the place where he is residing, and forwarded to him by post, if there be postal communication between such place and the place where the Court is situate. In practice, all summonses so sent should, where possible, be sent by registered post, and should be registered acknowledgement due. The letter containing the summons which should always be sent in an envelope, should be properly and fully addressed and prepaid. A copy of the address on the letter should also kept on the judicial record and care should be taken that the certificate given by the Postal authorities also contains the full address on the letter. 2. Service under Order V, Rule 26If it is not possible to effect service under Order V, Rule 25, advantage may be taken of the provisions of Order V, Rule 26. As regards clause (a) of this rule, no Political Agent has, so far, been appointed or a Court established with power to serve in any foreign country in which the defendant resides, a summons issued by a Court in India under the provisions of the Code. It is for the State Government to take the necessary action under clause (b) of this rule. 3. Service under Order V, Rule 20Where service by post has been tried and has failed and the mode of service, if any, provided by Order V, Rule 26 have been availed of, action may be taken under Order V, Rule 20 of the Code of Civil Procedure. 4. Instruction re : service under Order 5, Rule 26 Cr. P.C.In cases where service is desired to be effected under Order V, Rule 26, the following instructions should be followed: (a) Channel of correspondenceThe summons should be forwarded in an envelope through the District Judge, with a covering letter to the High Court for transmission to the State Government, duly certified that service by post has been tried and failed and in what manner it has failed. The channel of communication within India of summonses for service in foreign countries is the State Government and the Government of India, Ministry of External Affairs. The summons should never be sent direct. An exception is made in the case of certain countries, viz., the Federation of Malaya, Iraq and Nepal to which processes may be forwarded direct by the Indian Court. (b) Date of returns of SummonsesIn no case should be precise date be fixed in the summons or forwarding letter for the return of the service. It is impossible for a Court in India to order a date before which a foreign judicial authority must execute a request which the foreign judicial authority is under no obligation to execute at all. A sufficiently long date, however, (in any case not less than four months) may be fixed for the appearance of the parties before the Court in expectation or the return of the service after making allowance (a) for the time which is bound to be taken by the various channels through which the documents have to pass, and (b) the time which should be given to the person on whom service is effected to prepare his case and attend the Court. (c) Duplicate copies and translationThe covering letter, both copies of the summonses and all other documents should be prepared in ducplicate and translated in English and type-written and must be checked and legibly signed by the presiding officer of the Court and should bear the seal of the Court. Where it is not possible to type them in English they should be neatly and legibly written by the presiding officer in his own hand writing. All translations should be certified to be correct. (d) Names and addresses and translation in foreign languageThe names and addresses of the persons on whom service of summonses is desired should be neatly and legibly written and should also be

given in the forwarding letter. The name and address of the Court should be legible, and its seal should also be legible and properly affixed. Summonses, notices, copies of plaint and other judicial documents should be accompanied by translation in duplicate in the language of the country in which service is to be effected, at the expense of the party at whose instance summonses, etc., are issued. Where the party concerned is unable to prepare such translation a request should be made that translation be arranged by the Foreign Office. The approximate charges for translation into certain foregin language are the same as given in paragraph 27 of Chapter 10-D, Volume I. Similarly, request should be made that the executing officer should cause translations of all the documents sent by him to be made in English and money for this purpose should be recovered in advance from the party concerned. (e) Cost of translation and serviceAn amount equal to 50 per cent more than the estimated cost of effecting service and translation should be recovered from the party concerned in advance and deposited. This amount need not be sent along with the process as heretofore but should be sent when a demand is made to that effect. (f) Presiding officer responsible for completion of the documentsThe preparation of summonses must not be left to clerks. The presiding officer of the issuing Court primarily be held responsible for its accuracy and completeness in every respect before transmission to the High Court and it is the duty of the Superintendent to the District Judge to examine the summonses and its accompaniments carefully and to see that all instructions have been complied with. (g) Index and schedule of documents sentThe forwarding letter should either at the foot thereof contain a schedule of all the documents sent alongwith it or be followed immediately by an index of such documents. The first document should be a concise narrative of the action of the parties thereto and of the course to be pursued. The documents should be numbered or lettered so as to correspond with the schedule or index mentioned above. (h) Copies to be certifiedAll copies should be certified by an official of the Court that they have been examined and are true copies. Such certified copies should also bear the seal of the Court. (i) Stitching of papers sentThe forwarding letter and all its accompaniments should be on strong paper and sewn together in a parchment paper cover down the left hand side, the end of the silk, tape or thread with which they are sewn being brought out on the front cover and the ends sealed down and the binding signed and sealed by the Judge so that there is no possibility of the removal substitution or addition of any sheet without breaking the seal. (j) Directions to be given in forwarding letterThe forwarding letter or the first annexed document should indicate clearly (a) which is the actual document (or documents) to be served, and (b) if any special method of service is desired (as opposed to a case where any method usually employed by the Courts of the foreign country in question will suffice) the method of service desired : (viz., that one copy of the documents to be served should be left with the intended recipient; that a certificate of service by the process-server should be written on the copy of the documents to be served; that the recipient should be asked to sign a copy of the document served, etc., as the case may be).

(k) AddressThe letter to a Foreign Court, where the proper description of the Foreign Judicial Authority in question is not known, should be addressed to the competent Judicial Authority in . . . . . . . . (Name of the country concerned). 5. Service in the State of Punjab of processes of Courts outside India Summonses and other processes issued by Civil or Revenue Courts outside India may be sent to the Courts in the territories to which Code of Civil Procedure extends and may be served as if they were summonses issued by such Courts in accordance with the provisions of Section 29 of the Code. Clause (a) of the Section refers to Courts in territories specified in clauses (a) to (d) of Section 1(3) of the Code. As regards clause (b), Civil and Revenue Courts in the State of Pondicherry are only Courts outside India which are continued by the authority of the Central Government outside India, vide clause (4) of the French Establishments (Administration, Order, 1954, issued under the Foreign Jurisdiction Act, 1947) {see Chapter 15). With reference to clause (c) the provisions of Section 29 have been applied to Courts in the following countries :
Sl. No. Name country of Number and date of notification Courts in respect of which notification has been issued All Civil Courts Ditto Civil Courts Ditto Ditto Ditto Ditto Civil and Revenue Courts Civil Courts Mixed Courts Civil Courts Ditto Ditto

1. 2. 3. 4. 5. 6. 7. 8.

Singapore Ceylone France Spain Belgium Russia Portugal Iraq

S.R.O. 1233, dated 29th May, 1956 No. 247, dated 16-2-1909 No. 852-C, dated 3-2-1913 No. 852-C, dated 3-2-1913 No. 852-C, dated 3-2-1913 No. 852-C, dated 3-2-1913 No. 852-C, dated 3-2-1913 No. F. 209-23, dated 6-6-1923

9. 10. 11. 12. 13.

Kenya Egypt Japan Sweden Persia

No. F. 811-23, dated 4-6-1924 No. 369, dated 31-5-1938 No. 1924, dated 25-11-1920 No. F. 12/17/35, dated 20-1-1936 No. F. 840/25, dated 3-5-1928

14.

Nepal

No. F. 576/24, dated 15-8-1925

Courts specified in the Schedule to the Notification Civil and Revenue Courts All Civil Courts

15.

Pakistan

No. S.R.O. 1340, dated 1-9-1951

16.

Federation Malaya Sikkim

of No. S.R.O. 223, dated 1-9-1956

17.

No. S.R.O. 63, dated 6-1-1956

High Court of Sikkim in the exercise of its civil jurisdiction. All Civil and Revenue Courts

6. Special procedure in regard to some particular foreign countries is given below :

(i) Afghanistan
Procedure with regard to particular foreign countryThere is no agency in Afghanistan for the service of summonses on witnesses issued by the Punjab Courts. It is, therefore, useless to issue such summonses. Defendants can only be summoned under Rule 25 of Order V of the Civil Procedure Code : in other words by issue of a summons direct to them by post and not through any agency. If action under Rule 25 of Order V, fails Order V, Rule 26 does not apply for the service of such summonses in Afghanistan. The Punjab Courts should in so case, address Afghanistan Courts or officials or the authorities in Kabul direct. Violation of these instructions by Subordinate Judges, Magistrates and members of their staff, concerned with the despatch of summonses cause much embarrassment to the Government of India. It will be impossible to treat breaches of them with leniency even though they may have been the result of mere carelessness. In cases of any further contravention, disciplinary action will be taken by way of stopping the increments of the official or officials concerned or otherwise as may be considered suitable.

(ii) Mauritius
Every process for service in the town of Mauritius shall be accompanied by a remittance of Rs. 3 per person to be served. If the process is to be served in the country, a further sum at the rate of 75 cents or about two rupees per mile (to and from) should be remitted. When documents are written in the vernacular, a sum of Rs. 10 should be remitted as translation charges. But in all cases an English translation should be sent.

(iii) United State of America

Service in this country is normally done by appointing a local lawyer acting as agent for the parties. Where desired Indian Consular Officer will recommend suitable firm of local lawyers.

(iv) Kenya
Processes for service should be sent in duplicate; the copies to be identified original and duplicate and should be sealed with the Courts Seal. A Postal Order of 10 Shillings for expenses of service should accompany the process.

(v) Union of South Africa

Summonses and the processes should not be sent direct to that country but should be sent as mentioned in Rule 4(a). The returnable date of the summonses or other processes should be at least six months. The charges for service should be sent along with the summonses or other processes. The fees ordinarily charged by the Courts in the various provinces of the Union of South Africa for the service of summonses issued by Courts in India are given as under:
Province Fees for service Travelling (per mile of a mile) allowance Radius (from Deputy fraction Sheriffs office) within which no transport allowance allowed Miles Cape Orange Free State Natal Transval 5 6/3 Civil Matters l/6d Criminal I. l/3d 3 1

or,

5 7

2 (for outward journey only) l/3d

1 3

For procedure for service in Japan, Thailand, Netherland, East Indies, Iran, Nepal, Federated Malaya States, Iraq, etc. see Chapter 10-F, Volume I.

(vi) Pakistan
1. Service PakistanIt is provided by the proviso, to Rule 25 of Order V, of the Code that where a defendant resides in Pakistan, the summons, together with a copy thereof, may be sent for service on the defendant to any Court in that country (not being the High Court) having jurisdiction in the place where the defendant resides; and further that where any such defendant is a public officer in Pakistan (not belonging to the Pakistan Military, Naval or Air Forces) or is a servant of a railway company or local

authority in that Country, the summons, together with a copy thereof, may be sent for service on the defendants, to such officer or authority in that country as the Central Government may, by notification in the Official Gazette, specify in this behalf. 2. Notification under second provisons to Order V, Rule 25The Central Government has issued the following notification under the second proviso to Order V, Rule 26 of the Code S.R.O. 1342, dated 1st September, 1951In pursuance of the second proviso to Rule 26 or Order V in the First Schedule to the Code of Civil Procedure, 1908 (V of 1908), the Central Government hereby specifies the following officers in Pakistan to whom summons may be sent for service on defendant who is a public officer in Pakistan (not belonging to the Pakistan Military, Naval or Air Forces), namely (a) Where the defendant is a public officer serving in connection with the affairs of the Dominion of Pakistan or is a servant of a Railway in Pakistan, to the Secretary to the Government of Pakistan in the Ministry of the Interior. (b) Where such defendant is serving in connection with the affairs of any other Government in Pakistan or under any local authority in Pakistan, to the Home Secretary to that Government or, as the case may be, to the Home Secretary to the Government within whose territory the local authority has its jurisdiction. 3. Whenever a summons issued by a Court in Pakistan is served on a person in India and the report of the service is made in a language other than English the report should also be translated into English and the translation sent with the summons to the issuing Court. The Government of Pakistan have also agreed to offer similar facilities in such matters. (Government of India, Ministry of Home Affairs, Letter No. D-3105/J/II/56, dated the 1st September, 1956 and Punjab Government Endorsement No. 9360-J56/76708-A, dated the 17th October, 1956).
Part G]

Part ASSISTANCE BY VILLAGE OFFICERS IN PROCESS-SERVING

1. The Financial Commissioners have invited the attention of all the Collectors in the Punjab to the necessity of impressing upon the Lambardars that as one of their duties under Rule 20 of the Land Revenue Rules, is to assist all officers of the Government in the execution of their public duties, they are expected to assist the process-servers in serving processes in Civil and Criminal cases and that the more care they devote to this branch of the administration, the more expeditiously will the suits be decided. It was further pointed out that it was obviously to the beniefit of the village that the Lambardar should do his best to assist in the service of the processes. Subordinate Courts should bring to the notice of the Collectors case of wilful negligence of duty in this direction on the part of Lambardars and should not hesitate to move the High Court through the proper channel if matters do not improve even then. 2. In order to reduce the possibly of false reports being made on notices of sale, which are not uncommon, it has been decided that the process-servers report on a notice of sale should be attested by a Lambardar and, whenever possible, also by the village patwari or school master. The Financial Commissioner, Revenue, and the Director of Public Instruction have respectively instructed patwaris and school masters to attest such reports when asked. The absence of attestation by a patwari or school master should not necessarily be regarded as proof that the process-servers report is false.

Part H]

Part H COST OF POSTAGE AND REGISTRATION ON PROCESSES FORWARDED BY POST, HOW TO BE DEFRAYED
1. Service stamps to be used. Party not required to pay postal charges except under Order 5, Rules 10 and 20-A C.P.C.Postal charges on all processes, notices, and other such documents, issued from any Court and transmitted by post, are to be paid by means of service postage stamps, without any additional charge being levied from the parties at whose instance the process or document is issued. In cases in which it is considered necessary to register the cover, the fee for registering it will also be paid by means of service postage stamps (see Section 143 of the Code of Civil Procedure). In the case of process transmitted by post under the proviso to Rule 10 or under Rule 20-A of Order V of the First Schedule to the Code of Civil Procedure, the party at whose instance the process is issued will be required to pay all postal charges for postage and registration. The party will be required to pay only the normal process fee when service by post is ordered either in lieu of or in addition to the service in the ordinary manner. When the party concerned puts in a stamped postal envelope, the Ahlmad or the Moharrir should give him a receipt for the same. 2. Service stamps to be used for transmission of processes to another ProvinceProcesses received for service from Courts in other States should be returned in service postage paid covers, the stamps being provided by the returning Court. Similarly, processes returned to Punjab Courts from Courts in other States will be sent in service postage paid covers. The same rule, of course, applies to processes returned by or to other Courts in the same State. Service postage labels required for this purpose will be obtained in the usual way.
Part J]

Part POLICE ASSISTANCE

1. The Punjab Government has decided that the following conditions should govern the rendering of Police assistance to the Civil Courts in the execution of warrants of arrest and distress or of warrants for the delivery of possession of immovable property. 2. When request may be made for Police AssistanceA Subordinate Judge may move the District Judge, or in his absence from the district, the Senior Subordinate Judge to ask the District Magistrate for Police Assistance. The request must be accompanied by evidence of the circumstances sufficient to satisfy the District Magistrate that there is a design to commit a cognizable offence or that there is a likelihood of the commission of a cognizable offence by the person or persons on whom a warrant of arrest or distress or for the possession of immovable property is to be served. 3. Government should be informed when Police Assistance permittedIn all cases in which the District Magistrate has given permission for the employment of Police for the assistance of the Civil Courts in the execution of warrants, a report of the circumstances should be submitted by him through the Commissioner to the State Government.

Part K]

Part FILLING UP OF FORMS OF PROCESS

1. Option of a party to fill up formsWith their applications for the issue of process, parties may, if they so desire, file printed forms of the same duly filled up in accordance with the rules of the High Court regarding the issue of the process. The date of appearance and the date of the process will be left blank. 2. Responsibility for accuracy of contentsThe parties or their pleaders shall sign the forms thus filed in the left bottom corner, and will be held responsible for the accuracy of the information entered in the forms. 3. Legible handwritingThe forms must be filled up in a bold, clear and easily legible handwriting. 4. Dates to be filled in by officeWhen orders for the issue of process are passed by the Court, the date fixed for appearance will be inserted in the form and the process will be dated by an officer of the Court before the processes are signed. 5. Free supply of formsThe necessary number of printed forms of process will be supplied to the parties or their pleaders, free of cost, on application to such officer of the Court as the Presiding Judge shall direct.
APPENDIX I

Affidavit of Process (Order 5, Rule 18) (Title)

server

to

accompany

Return

of

Summons

or

Notice

The Affidavit of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .son of

I..................

and say as follows:

(1) I am a process server of this Court. (2) On the . . . . . . . . . . . . . . . .day of . . . .. . .19 . . . . . .1 received a issued by the Court of .. . . . . . . . . . . ..in Suit No . . . .. . . . .. . .of . . . . .19 . . . . . in the said Court, dated the . . . . . . .. . . day of . . . . . .. .19 . . . . for service on.

(3) The said . .. . . . . . . . ..was at the time personally known to me and I served the said on on the . . . . . . . .day of . . . . . . ..19 . .. .at about. . . . oclock on the . . . . . .noon at . . . . . . . ..by and requiring signature to the original

tendering a copy thereof to (a) (b)

(a) Here state whether the persons served signed or refused to sign the process and in whose presence. (b) Signature of process server. or (3) The said . . . . . . . . . . . . . . . .not being personally known to me accompanied me to . . . . . . . . . . . ..and pointed out me a person whom he

stated to be the said . . . . . . . . . . . . . . . .and I served the said

on

on the . . . . . . day of . . .

. . ..19 . . .at about . . . . . . . . oclock in the . . . . . . . . noon at . . . . . ..at tendering a copy thereof to and requiring (a) (b) (a) Here state whether the persons served signed or refused to sign the process and in whose presence. (b) Signature of process server. or (3) The said . . . . . . . . . ..and his house in which he ordinarily resides being I went to said pointed out to me by house in . . . . . . . . . . . ..and there on the . . . . . . . . . .day of . . . . . . . .. 19 . . . . . .. at . . . . . . . . . . oclock in the noon I did not signature to the original

neighbours I was told that . . . . . . . . . . . . . . . . . . . . . . . .had gone to and would not be back till . . . . . . . . . . Signature of process server. or If substituted service has been ordered, state fully and exactly the manner in which the summons was served with special reference to the terms of order for substituted service.

by the said . . . . . . . . . . . .. . . . . .before me this . . . . . . . . . .day . . . . . of 19 . . . .. Empowered under of the Code of to administer the oath to deponents
APPENDIX II

Section Civil

139 Procedure

List of Civil Courts in the Jammu and Kashmir State

Sl. Name of the Court No. Jammu Province 1. 2. 3. 4. 5. 6. 7. 8. 9. District Judge, Jammu. Muiisiff, Ranbir Singh Pura. Munsiff, Samba. Munsiff, Akhnoor. Sub-Judge, Udhampur. Sub-Judge, Reasi. Sub-Judge, Ramnagar. Sub-Judge, Bhaderwah. Munsiff, Kishtwar. Jammu excluding Tahsil R.S. Pura and Akhnoor. Tahsil R.S. Pura. Tahsil Samba. Tahsil Akhnoor. Udhampur District excluding Ramnagar and Reasi Tahsils. Reasi. Ramnagar. Doda District excluding Kishtwar, and Ramban. Kishtwar. Ramban. Territorial Jurisdiction

10. Munsiff, Ramban.

11. Sub-Judge, Poonch. 12. Sub-Judge, Rajouri. 13. Sub-Judge, Kathua. Kashmir Province 14. District Judge, Srinagar. 15. Sub-Judge, Anantnag. 16. Munsiff, Shopian. 17. Sub-Judge, Baramulla. 18. Munsiff, Sopore. 19. Munsiff, Handwara. 20. Deputy Leh. Commissioner,

Poonch District excluding Rajouri. Rajouri. Kathua District.

Srinagar District. Anantnag District and excluding Shopian and Phulwama Tahsils. Shopian and Phulwama Tahsils. Baramulla District excluding Sopore and Handwara. Sopore. Handwara. Ladakh District.

1. In the case of employees of the Northern Railway, a copy of the summons should be addressed to the Divisional Superintendent or other superior officer concerned according to the list given in the appendix to Chapter 8.

CHAPTER 8
Ch. 8

ProcessesCriminal Courts
Part A]

Part ISSUE AND SERVICE OF SUMMONS

1. Signing of summonsEvery summons in a Criminal case should be signed legibly and in full by the Magistrate by whom it is issued, with the name of his office or the capacity in which he acts. The practice of signing initials only or of using a stamp is objectionable and should not be adopted. 2. Regarding service of summons in non-cognizable casesIn Criminal cases which are not congnizable by the Police, within the meaning of Section 4, clause (f) (see Section 2 of New Code) of the Code of Criminal Procedure, summonses are to be served through the civil process-serving establishment attached to the Courts. District Magistrate shall see that the prescribed fee, if any, is duly paid in such cases. 3. Fee of twelve annas to be paid for such processRules under the Court-fees Act, 1870, for the realization of process fee, will be found in Chapter 5, Process Fees. Rule 5 of the rules in Part B of that Chapter prescribes a fee of twelve annas for every summons issued by a Criminal Court in a noncognizable case unless it falls within one of the exceptions set out therein. By the notification of the Punjab Government No. 314 of the 21st March, 1883, issued under Section 68 of the Code, every Criminal summons for the service of which a fee is levied under rules made by the High Court under the Court-fees Act, shall be served by the process serving establishment of the Court issuing the summons. 4. Service of summons sent by a Court to a place outside its jurisdiction (a) Under Section 73 (see Section 67 of New Code) of the Code of Criminal Procedure, a summons issued by a Court for service at any place outside the local limits of its jurisdiction, should ordinarily be sent in duplicate to a magistrate Within the local limits of whose jurisdiction the person summoned resides or is to be there served. In special cases, however, e.g., when particular urgency in service is required the Courts may, subject to the general control of the District Magistrate and to any general or special orders issued by him, permit the prosecuting agency to send summonses direct by registered post, acknowledgment due, to the police station concerned. (b) When the summons has to be sent for service from a Court to any district, the vernacular of which differs from that in which the process is written, it should be accompanied by a translation in English. (c) All reports made on summons received for service from any district or State the vernacular of which differs from that of the district in which the report is written shall be translated into English which translation shall accompany the summons when returned to the Court issuing it.

5. Affidavits by Police officers and process-servers who serve summonsAttention is invited to the provisions of Section 74 of the Code of Criminal Procedure, which makes an affidavit of service admissible in evidence in cetain cases. When the Police serve a summons outside the local limits of the jurisdiction of the Court from which it issued, and in all cases in which it is probable that the police officer who serves summons will not be present at the hearing of the case, the police officer, who has served such summons should make an affidavit in the form given below before the nearest Magistrate. The affidavit, and a duplicate of the summons endorsed in the manner provided by Section 69 or Section 70 (see Sections 62, 63, 64 of new Code) of the Code, should then be forwarded to the Court, which issued the summons. (ii) The same procedure will be observed by process-servers in regard to criminal processes in similar circumstances. (iii) Printed forms of the affidavits mentioned above will be provided. These should be supplied to all officers in charge of police stations. (iv) Magistrates must not detain police officers and process-servers who attend their Courts merely to make affidavits, longer than is necessary for that purpose.

Declaration of service of summons

I . . . . . . . . . . . . son of . . . . . . . . . . . . . . do hereby solemnly declare that I did on . . . . . . . . . . . . the . . . . . . . . . . . ..day of . . . . . . . .serve of . . . . . . . . . . . . . . . .. son of . . . . . . . . . . . . . . . . . . . . . .. with the summons now shown to me and marked A, by delivering (or tendering) a duplicate to him [or, by leaving a duplicate for him with . . . . . . . . . . . . . . . . . . . . . . . .. an adult male member of his family residing with him or by affixing duplicate to a conspicuous part of his house or homestead]. (Signed). Declared before me at . . . . . . . . . .. by . . . . . . . . this . . . . . .. . .day of . . . . . 19 . . . . . . Magistrate. 6. Instructions reissue of summons for particular class of personsThe following instructions are issued with regard to the issue of summons for particular classes of persons (i) Government servants generallyWhen the person summoned is in the active service of the Government, the Court or Magistrate issuing the summons should, in accordance with the provisions of Section 72 (see Section 66 of New Code) of the Code of Criminal Procedure, ordinarily send it in duplicate, to the head of the office in which the person summoned is employed, who will cause the summons to be served on the person named therein. This rule applies to every summons issued under the Code (Section 93) (see Section 90 of new Code). (ii) Bodies corporateWhen the summons has to be served on an Incorporated Company or other body corporate, such as a Municipal Committee, service may be effected by serving the summons on the Secretary, Local Manager or other principal officer of the Corporation, or by registered post letter addressed to the chief officer of the Corporation in India. In such cases the service should be deemed to have been effected when the letter would arrive in ordinary course of post [vide Section 69(3) (Sections 62 and 63 of new Code) of the Code of Criminal Procedure].

(iii) Soldiers in Military EmployWhen a Criminal Court issues a summons for the appearance of a soldier in military employ, the summons should be sent for service to the Officer Commanding the Regiment in which such soldier is serving. The provisions of Section 72 (Section, 66 of new Code) of the Code of Criminal Procedure, are wide enough to include persons in miliary employ; and whenever it is necessary to summon an officer or soldier or other person in military employ, the summons should always be sent for service to the head of the Office or Head of Department or Officer Commanding the Regiment in which such officer, soldier or other person is serving, unless there are special reasons, which should be recorded, for proceeding otherwise. (iv) Railway officials(a) Persons in the active service of any Railway Company or Administration are subject to the same rules regarding the issue of summons as Government servants [see (i) above]. (b) Considerable inconvenience results from the indiscriminate summoning of the superior officers of the Railway to give evidence on points of railway practice, customs, orders etc., which could equally well be done by subordinate Railway officials at or near the place where the trial is being held, and subordinate Courts should, in the exercise of their discretion, abstain from requiring the attendance of the Manager or other high officials of the Railway, except in special cases in which their evidence is absolutely necessary. (c) To assist the Courts in summoning the subordinate officials who would most probably be able to give the evidence required with the smallest inconvenience to the Railway a list of the superior officers under whose immediate orders the Railway subordinates are, is given in the Appendix to this chapter, and, except where a strict adherence to this rule would cause delay or inconvenience, all processes for the attendance of any subordinate official should ordinarily be served through his immediate superior. (v) PoliceWhenever a summons is issued to an officer of Police to appear as a witness it should be served upon such officer through the Superintendent of Police, or, in the case of an outpost, the Assistant or Deputy Superintendent in charge of the outpost to which the individual summoned may belong. (vi) Medical OfficersThe following instructions regarding the summoning of Medical Officers and their subordinates to give evidence in Criminal cases should be observed (i) On all summonses intended for service on officials of the Medical Department it should be stated whether the Official concerned is being called to give evidence as an expert, or to give evidence in a case with which he has had to deal in the ordinary course of his duties as a Medical Officer. (ii) Summonses for Medical Officers and subordinates in cases in which their evidence as experts is not required, whether the Court is in their own district or not, should be forwarded to the Civil Surgeon concerned for service. (iii) Notice should be given to the Director of Health Services whenever a summons has been issued to a medical man in civil employ under the Punjab Government to give evidence as an expert outside his district. (iv) The evidence of medical officers under orders of transfer should, whenever possible, be taken before they hand over charge. With this object in view, the Director of Health Services has been requested to communicate to the District Magistrates information about impending transfer of medical officers as soon as orders are received in his office. When the orders are so communicated, the Magistrates of the district, the Superintendent of Police, and the medical officer concerned should be consulted and the evidence of the medical officer in pending cases should be recorded, so far as it may be practicable,

before he hands over charge. For the remaining cases, in which it would be necessary for the medical officer to return in order to give his evidence, effort should be made to fix one or two suitable days for the evidence being recorded by all the Courts concerned, so as to avoid the necessity of frequent trips to the district for that purpose. (High Court Circular Letter No. 1417-R/XXV-5, dated the 18th February, 1942.) (vii) Consuls-GeneralWhen it is necessary to summon certain Consuls-General residing in or visiting the Punjab to give evidence in a criminal case, the summons should issue in the form of a letter. The form of summons given in Form XXXI of Schedule V (Schedule II of new Code) attached to the Code of Criminal Procedure, will be used, except that it will begin and end as a letter, and the body of the letter need not be so abrupt as the form itself is. Before summoning a Consular Officer whose office is at a distance from the Court, the Magistrate should consider the possibility of taking evidence on commission as provided by Section 503(Section 284 of New Code) of the Code of Criminal Procedure. This privilege should be confined to the Consuls-General of Afghanistan, Persia, America, Holland, Germany, Japan and Italy. Other consular officers may continue to be summoned in the ordinary way.
Part B]

Part PREPARATION AND ARREST AND OTHER PROCESSES

ISSUE

OF

WARRANTS

B OF

1. General warrantsGeneral warrants for arrest should never be issued by a Court of Justice. 2. Prescribed form of warrants which should state the special cause on which it is granted Every warrant should state as shortly as possible the special matter on which it proceeds, and should be in the Form II given in Schedule V (Schedule II of New Code) of the Code of Criminal Procedure. This form expresses on the face of it the special cause on which it is granted, viz., that the party stands charged with the offence of (Stating the offence). A warrant issued under Section 90 (Section 87 of New Code), should in like manner to made out in Form VII. A strict adherence to the form of warrants of arrest prescribed by the Code will tend to prevent their being granted irregularly and without inquiry as to whether the circumstances justify their issue. 3. What a warrant or process should containIn all warrants and processes of every description, whether under the Code of Criminal Procedure or any other law in force, the fathers name, caste, tribe or nationality, and residence of the person to be arrested, summoned, etc., should be entered, so as to place his identity beyond all doubt. The warrant should also set forth the Court from which it issues, and the name of the district. 4. Care to be exercised in distinguishing forms of warrants and summons(i) Great care should be exercised in distinguishing forms of warrants from forms of summons, and in making the Police and the public acquainted with the difference, different tinted paper and lithographed or printed forms should always be used. The people of the country will gradually become familiar with the appearance of each sort of process and know how to act.

(ii) All vernacular warrants of commitment to jail should be drawn up in the Roman character, except in the case of Indian Magistrates who are unable to read this character, and ordinary country ink should never to be used in filling up the blanks in the printed form of warrant, or in warrants drawn up upon English paper. [5. A warrant should not be issued where a summons can serve the purposeGreat care should also be taken that a warrant, which always implies personal arrest and restraint, in never issued when a summons to attend would be sufficient for the ends of justice; and any attempt to coerce or restrain a party called upon to appear in obedience to a summons should be checked and punished. It must be understood that the Police will carry out to the letter the instructions issued in the writ handed over to them, but the Magistrate is responsible for the consequences of an informal or illegal process bearing his official seal and signature.
1

The Honble Judges wish to impress upon the Subordinate Courts the desirability of caution in issuing warrant of arrest against a person in public service unless and until the Court is fully satisfied that he is wilfully omitting to obey the summons. In most cases it will produce the desired effect if the attention of the superior officer is drawn to the conduct of his subordinate, and the witness is warned that his wilfull non-attendance might entail coercive and penal action against him. Of course, in cases of pronounced refractoriness, the Courts can set the law in motion in any one or all of the forms available to them]. 6. Service of warrants on Railway servantWarrants issued against Railway servants should be entrusted for execution to some Police officer of superior grade, who shall, if he finds on proceeding to execute the warrant, that the immediate arrest of the Railway servant would occasion risk or inconvenience, make all arrangements necessary to prevent escape, and apply to the proper quarter to have the accused relieved, deferring arrest until he is relieved. 7. Execution of a warrant outside jurisdiction of the CourtUnder Section 83(1) (see Section 78 of the New Code) of the Code a warrant to be executed outside the local limits of the jurisdiction of the Court issuing it, may be forwarded by post or otherwise to the Superintendent of Police of the district in which it is to be executed. Similarly, by Section 85 (Section 80 of the New Code) an offender when arrested may be taken before the Superintendent of Police instead of a Magistrate, and by Section 86, the Superintendent of Police may send the offender to the Court issuing the warrant. 8. Warrants under the Gambling ActEvery warrant issued under the Public Gambling Act, 1867, if not executed, shall be returned to the Magistrate or Superintendent of Police, who issued it, within a period of not more than fifteen days from the date of issue. The Magistrate or Superintendent of Police will then cancel the warrant, but a fresh warrant can immediately be applied for or issued, if necessary. (Chief Court Circular Memo. No. 9-1970-G, dated the 4th June, 1896.) 9. Some rules from the Punjab Rules, 1934, dealing with handcuffing of prisoners are reproduced below for the information of the Courts : 26.22 (1) Every male person falling within the following category, who has to be escorted in police custody and whether under police arrest, remand or trial, shall provided that he appears to be in health and not incapable of offering effective resistance by reason of age be carefully handcuffed on arrest and before removal from any building from which he may be taken after arrest : (a) Persons accused of a non-bailable offence punishable with any sentence exceeding in severity a term of three years imprisonment.

(b) Persons accused of an offence punishable under Section 148 or 226, Indian Penal Code. (c) Persons accused of, and previously convicted of, such an offence as to bring the case under Section 75, Indian Penal Code. (d) Desperate Characters. (e) Persons who are violent, disorderly or obstructive or acting in a manner calculated to provoke popular demonstration. (f) Persons who are likely to attempt to escape or to commit suicide or to be the object of an attempt at rescue. This rule shall apply whether the prisoners are escorted by road or in a vehicle. (2) Better class under trial prisoners must only be handcuffed when this is regarded as necessary for safe custody. When a better class prisoner is handcuffed for reasons other than those contained in (a), (b) and (c) of sub-rule (1) the officer responsible shall enter in the station Daily Diary or other appropriate record his reasons for considering the use of handcuffs necessary. 27.12 * * * * If, in accordance with Rule 26.23 prisoners have been brought to the Court in handcuffs, the handcuffs shall not removed in Court unless this is specially ordered by the presiding officer. NoteIn this connection Rule 26.21-A of Punjab Police Rule, 1934 is as follows: 26.21-AUndertrail prisoners are divided into two classes based on previous standard of living. The classifying authority is the trying Court subject to the approval of the District Magistrate, but during the period before a prisoner is brought before a competent Court, discretion shall be exercised by the officer incharge of the Police Station concerned to classify him as either better class or ordinary. Only those prisoners should be classified provisionally as better class who by social status, education or habit of life have been accustomed to a superior mode of living. The fact that prisoner is to be tried for the commission of any particular class of offence is not to be considered. The possession of a certain degree of literacy is in itself not sufficient for better class classification and no under -trial prisoner shall be so classified whose mode of living does not appear to the Police Officer concerned to have been definitely superior to that of the ordinary run of the population, whether urban or rural.
Part C]

Part C ATTENDANCE AS WITNESSES AND EVIDENCE OF PERSONS RESIDING BEYOND THE LIMITS OF INDIA
1. Warrant for the arrest of a witness outside IndiaThe issue of warrants for the arrest beyond the limits of India of persons whose attendance is required to give evidence but who are at the time resident beyond the limits of India is illegal and should not be resorted to as warrants for the arrest of a witness can under Section 82 (Section 77 of the new Code) of the Code of Criminal Procedure, only be executed at some place in India. 2. If the witness does not comply, commission may be issued to the Political Officer to record evidenceIf the person whose attendance is required does not comply with the directions contained in

the letter no further steps to compel him to appear can be taken. But if his evidence is shown to be necessary for the ends of justice a Commission to take it may be issued under Section 503 (Section 284 of the New Code) of the Code of Criminal Procedure. The commission should be directed to a Court or officer as laid down in Section 504 (Section 285 of the New Code) of the Code. In this connection see Chapter 9-C of Volume III. If there is no arrangement for the issue and execution of such a commission the case must be decided without the testimony of such person. 3. Commission to issue only when evidence is indispensableOfficers presiding over Criminal Court are reminded that Criminal proceedings ought not to be unduly prolonged for the attendance as witnesses of person whose attendance the Courts are not competent to compel if they fail to attend voluntarily and that the discretionary power to issue a Commission for the examination of an absent witness should be exercised only when the evidence appears to be necessary for the ends of justice. When a Commission is refused the grounds for refusal should be briefly recorded to anticipate subsequent objections on the ground of such refusal.
APPENDIX LIST OF NORTHERN RAILWAY OFFICIALS TO WHOM SUMMONS SHOULD ORDINARILY BE ADDRESSED Statement showing designation of Heads of Offices of Operating, Locomotive and Engineering Departments through whom summonses are to be served
Head of Office Officers through whom summons should be served Staff employed under each

Ferozepore Division 1. Sub-Divisional Officer of Ferozepore, Kanpur, Ludhiana, Jullundur Sub-Divisional Officer of these places Permanent way inspectors, sub-way inspectors of works, sub-inspectors of works, overseers, works clerks, mistris, carpenters, keymen, gangmen, mates, surveyors and sanitary inspectors. Block inspectors, sub-assistant block inspectors, assistant signal and Interlocking inspectors, sub-assistant interlocking inspectors, time-keepres, mistris, carpenters, painters, blacksmiths, hammermen, fitters, coolies, cleaners, batterymen, linemen, trolymen, khalasis.

2. Assistant Engineer, Ferozepore

Signal

Assistant Engineer

Signal

3. Loco. Foreman of Ludhiana, Ferozepore, Jullundur. 4. Head Examiner Ferozepore, Train of

Loco. Foreman at these places.

Drivers shunters, firemen, shedmen, fuel munshis, school masters, fitter and fitter coolies, store munshis, shed menial staff.

Head train examiners at these places.

Train examiners, number takers, storemen, wheelmen, cleaners, wrenchmen, greasers, hammermen, carpenters, blacksmiths and

Jullundur, Hissar. 5. Divisional Inspector, Power(Fuel) S, (Fuel) N, Pumps, Rolling stock Divisional InspectorLoco. Ferozepore pumps, Ferozepore, Rolling stock, Ferozepore. Traffic Inspector at these places

bhishtis and box porters. Box porters.

6. Traffic Inspector ofFerozepore, Jullundur, Ludhiana. 7. Train lighting Electrician, Ferozepore. 8. Station Master of Ferozepore Cantonment, Ferozepore City, Macleod Ganj Road, Abohar, Lohian Khas, Nawanshahr, Doaba, Hoshiarpur, Taran Taran, Pati, Moga Tahsil, Jagraon City, Jullundur, Ludhiana, Amritsar. Controller of Stores Foreman, Kalka

Shunting jamadars, pointsmen, cabinmen, shunting porters

Train Lighting Electrician, Ferozepore. Station Masters at these place

Electricians, electric examiners, assistant electric coolies and number takers.

Station master, assistant station masters, signallers, goods clerks, parcel clerks, transit clerks, clerks booking correspondence clerks, yard foremen, shunting jamadars, shunting porters, cabinmen, signal and pointsmen, luggage porters, gatemen, sweepers.

Foreman, Kalka

Clerk, motor fitters, carpenters, riverters, painters, shop jamadar, lifters, repackers, machineman blacksmiths, hammermen, copper and tin smiths, millwright, moulders, cranemen

Delhi Division Sub-Divisional Sub-Divisional OfficerSaharanpur, Officer of these Ambala, Bhatinda, places Jind, Dharampur. Permanent-way inspectors, sub-ways inspectors, sub-inspectors, of works, overseers, time-keepers, mistris, carpenters, keymen, gangmen, gatemen, mates, sub-engineers surveyors and sanitary inspectors. Drivers, shunters, firemen, shedmen fuel munshis, school masters, fitters and fitter coolies, store munshis, and shed menial staff.

Loco Foremen, Delhi, Ghaziabad, Saharanpur, Ambala, Bhatinda, Jind, Shakur Basti, Kalka.

Loco Foreman at these places

Station Master Meerut Cantonment, Meerut City, Saharanpur, Ambala Cantonment, Rajpura, Ludhiana, Bhatinda, Jind, Shakur Basti, Kalka, Simla, Ghaziabad, N.W. Rly., Delhi and Goods Supervisor, Delhi, Sadar Station, Superintendent, Delhi. 4. Head Train ExaminerDelhi, Ghaziabad, Saharanpur, Ludhiana, Bhatinda, Kalka 5. Divisional Electrician Delhi

Station Master at these places

Station master, assistant station master, signallers, goods clerks, transit clerks, train clerks booking clerks, parcel clerks, ticket collector, phone clerks, correspondence clerk, yard foremen, chaukidars, shunting jamadars, shunting porters, cabinmen, signal and points men, luggage porters, gatemen, sweepers, watermen, waiting room staff, running room staff, guards and second guards, gunners, markers, telegraph peons and station peons.

Head Train Examiners at these places

Train examiners, number takers, store men, wheel men, cleaners, wrenchmen, greasers, hammer men, carpenters, blacksmiths and bhishits.

Divisional Electrician

Electricians, electric examiners, assistant electric examiners, electric coolies, and number takers.

1. Substituted by C.S. No. 18, dated 11th May, 1966.

CHAPTER 9
Ch. 9

Finger Impressions; Handwriting; Forged Stamps and Currency and Bank Notes
Part A]

Part A DOCUMENTS AND PAPERS ON WHICH THUMB AND FINGER MARKS SHOULD BE AFFIXED
1. Documents on which thumb impressions are to be affixedThe Judges having considered the reports submitted from time to time on the working of the system of taking thumb and finger impressions on judicial records as a means of identification of individuals are pleased to direct that such impressions be affixed to the following documents and papers, viz., (1) Petitions; (2) Entries in Petition-writers Registers; (3) Statements and confessions by accused persons; (4) Statements by persons against their own interests; (5) Compromises; (6) References to arbitration; (7) Withdrawals of suits under Order XXIII, Rule 1, Civil Procedure Code, 1908, and of complaints under Section 248, Criminal Procedure Code; (8) Security bonds; (9) Receipts filed in Court. 2. Appliances required and mode of taking impressionsFor taking thumb and finger impressions the following appliances are required: (1)A tin slab; (2) Printers ink;

(3) A rubber roller (to spread the ink). A very small quantity of printers ink should be poured on the slab and spread thereon with the rubber roller till it forms into a very thin film. The bulbs of the thumb and all the fingers of one hand after being carefully wiped should be laid lightly over the inky film and then impressed on the paper. 3. Further directionsThe film once spread is sufficient for taking a large number of impressions at a time but should the ink become too thick a drop or two of common sweet oil may be added and rubbed over again with the rubber roller. The tin slab should be properly cleaned every day before the ink is poured on it. 4. Appliances required for reading impressionsFor reading impressions the following appliances are required (1) A pointer; (2) A reading glass; (3) A pocket lens. (2) and (3) need only be kept by District Judges and District Magistrates. 5. Henrys treaties on impressionsA Manual on the classification and uses of finger prints by Mr. E.R. Henry has been circulated to all Sessions Judges, District Magistrates and District Judges in the Punjab. It contains full instructions for taking impressions. 6. Petition writers to obtain proper apparatus and apply proper impressions District Judges should make a point of seeing that Petition writers obtain proper apparatus and apply proper impressions to petitions and on their registers. 7. Appellate Courts to see that these instructions are followedAppellate Courts are requested to see that a subordinate Courts comply with these instructions. 8. Impressions should be affixed on a documents on a space not occupied by the stamp Persons responsible for affixing thumb and finger impressions on documents which bear receipt or Courtfee stamps should be careful to take such impressions on the actual document itself in a place where the paper is clean and free from writing or other marks, and not on the stamp.
Part B]

Part PHILLAUR FINGER PRINT BUREAU

1. Examination FeesThe following are the fees for the examination of impressions by Experts of the Finger Print Bureau, Phillaur: Rs. 16 for every reference and a further fee of Rs. 4 for each finger impression sent for examination when the total number so sent exceeds five. (Punjab Government Letter No. 9076-Police, dated the 25th March, 1924).

These fees shall be credited to Government in the local treasury under the head XXIIIPolice Fees, Fines and Forfeiture. The treasury receipt shall be sent with the exhibits to the Bureau and the fact mentioned in the letter forwarding the exhibits for expert opinion. 2. Fees payable to the Police Finger Print ProficientsAs the work of taking thumb impressions in civil cases for transmission to Phillaur is not one of the regular duties of a Police officer, the Governor has been pleased to decide that Police Finger Print Proficients who are required to take such impressions shall be paid a fee of Re. 1 for each set of impressions taken and that such fee shall be paid by litigants themselves in addition to the other charges. (Punjab Government Letter No. 2830-H.Judl., dated the 27th January, 1927) NoteThe fee of one rupee prescribed in this paragraph is for a complete set of plain and rolled prints of both hands of a person. 3. Instructions re: evidence of a Phillaur expertThe following instructions have been framed for the guidance of civil Courts when the evidence of a Bureau Expert is required:

Instructions
(i) Evidence to be taken on commission through Sub-Judge, PhillaurWhen the evidence of a Bureau Expert is required in a civil case the Sub-Judge of Phillaur shall be appointed to be the Commissioner to record it. (ii) Documents may be sent in the first instance direct to the experts for examination and opinion Courts shall continue to send exhibits in civil cases direct in the first instance to the Bureau for examination and opinion by experts. (iii) Sub-Judge, Phillaur, to set apart a day each week for examination of Phillaur expertsIf party to a suit desire such opinion to be received in evidence, and expert of the Bureau staff shall be summoned to the Court of the Sub-Judge at Phillaur and examined on Commission on a day to be set apart each week for the hearing of evidence in such cases. (iv) Bureau shall decide the name of the expert deputed to be examinedIt shall be left to the Bureau to enter on the summons the name of the expert deputed to be examined. (v) Commissioners feesThe fee to be paid for the Commissioners work shall vary with the value of the civil suit in connection with which the Commission is issued subject to a maximum of Rs. 20; for suits of small value a small fee shall be charged but the maximum fee shall be charged in suits of large value; the amount of the fee shall in each case be fixed by the Court issuing the Commission, and it shall all be credited to Government in the local treasury under the head XXIAdministration of Justice General Fees, Fines and ForfeituresOther General Fees, Fines and Forfeitures. (vi) Fees for the evidence of expertsAs regards the fee to be paid for the experts scrutiny of finger impressions and for their examination in Court, the present fee for the scrutiny (plus written opinion) shall stand and an additional fee to be fixed by the Court issuing the Commission, subject to a maximum of Rs. 16, shall be levied for the attendance of the expert in Court, one-third of which shall be paid to the expert (being remitted by the Court issuing the Commission direct to the Sub-Judge at Phillaur who will make it over to the expert), and two-third credited by the Court into the local treasury under the head XXIII PoliceFees, Fines and Forfeitures, the treasury receipt being forwarded with the commiss ion to the Sub-Judge at Phillaur who will send it to the Bureau when summoning the expert.

In respect of the Civil Courts at Delhi, the fee shall be remitted in cash by money order to the Superintendent of Police, Incharge Finger Print Bureau, Phillaur, exclusive of the money order commission at the expense of the parties concerned. (vii) Summoning of experts in criminal casesExperts may continue to be summoned to give evidence in Courts in criminal cases, and no fee shall be leviable in criminal cases prosecuted by Government. (viii) Instructions re: despatch of documents to PhillaurIn order to ensure the protection of documents accompanying interrogatories sent by Civil Courts to the Sub-Judge, Phillaur, care must be taken to see that they are sent in stout envelopes or strong paper or cloth wrapping. They should be sent by registered post; acknowledgement due, at Government expense, both to and from Phillaur. For the return of the documents to the Courts concerned, the Sub-Judge, Phillaur, will use both lined envelopes of appropriate size to be obtained on indent for universal forms from the Controller of Printing and Stationery, Punjab.
Part C]

Part C RULES REGULATING APPLICATIONS FOR AND PAYMENT OF THE SERVICES OF THE GOVERNMENT EXAMINER OF QUESTIONED DOCUMENTS
The rules on the above subject were circulated to all Civil and Criminal Courts with Punjab Government Endorsement No. 7206-H- 53/62203, dated the 28th August, 1953 on letter No. 41/3/50Police-11, dated the 6th July, 1953 from the Government of India, Ministry of Home Affairs, to all State Governments and are printed as Annexure to Chapter 9-A of High Court Rules and Orders, Volume III. The services of the Government Examiner of Questioned Documents can be availed of by Civil Courts in accordance with those rules.
Part D]

Part D EXPERT OPINION IN FORGERIES RELATING TO STAMP AND CURRENCY AND BANK NOTES
The Central Government has suggested that in any cases of doubt in which the opinion of an expert may be required on the question whether stamps are genuine or forged, reference, should be made to the Master, Security Printing, India, Nasik Road, for his or his nominees report. 1. Fees chargeable by the Master, Security PrintingThe following fees will be charged by the Master, Security Printing, for the examination of stamps and for giving evidence on commission: (1) For each stamp examined, Rs. 10, but where the stamps to be examined consist of a block or blocks from the same sheet this fee will be charged for the examination of each block, as any one of the stamps is representative of the whole block. (2) For stamps examined on commission, Rs. 20 per document, irrespective of the number of stamps requiring examination on each document; provided that where more than one document relating to the same case is to be examined on the same day, the charges will be Rs. 20 for the first and Rs. 10 for each subsequent document.

These fees will be credited to VIIStampsCentralSecurity Printing PressMiscellaneous. (Government of India, Finance Department, Letter No. R.-Dis. No. 44-Stamps/35, dated the 26th April, 1935, to all State Governments, etc). 2. Expert opinion about genuineness of currency and Bank Notes. Fees of the expertThe Government of India have approved of the following scale of charges to be made by the Master, Security Printing, India, Nasik Road, for the examination of currency and bank notes and for giving evidence on commission: (1) For each note examination, Rs. 10 per note. (2) For notes examined on commission in connection with forgery cases, Rs. 20 per case. These fees will be credited to XXVIICurrencyMiscellaneous. (Government of India, Finance Department, Letter No. D-5227- F., dated the 1st August, 1936, to all State Governments, etc.) 3. Fees of expert when opinion is required by the Police or the Reserve Bank The Central Government have decided that no charge should ordinarily be made by the Master, Security Printing, India, for giving expert assistance to the Police or to the Reserve Bank in connection with any criminal prosecution. In any case, however, where the Master, Security Printing, India, considers that his free services are being abused, he will bring the matter to the notice of Central Government. He will, of course, be entitled to charge for assistance given to private parties or in civil suits in which Government is not of the parties. (Government of India, Finance Department, Letter No. D/1880-F., dated the 12th March 1937, to all State Governments, etc.)

CHAPTER 10
Ch. 10

Forfeited and Unclaimed Property and Malkhanas

Part A]

Part A ITEMS OF ACCOUNT CONNECTED WITH LAW AND JUSTICE, SALES OF UNCLAIMED PROPERTY, JUDICIAL FORFEITURES & C.
(i) GeneralThe annexed rules, framed at the instance and with the approval of the State Government, aim at the prevention of fraud so far as items of account connected with law and justice are concerned. (ii) Subjects dealt withThey deal with (1) Sale-proceeds of unclaimed and escheated property; and (2) Judicial forfeitures, including (a) the proceeds of property of absconding offenders and witnesses, sold under the provisions of Section 88 of the Code of Criminal Procedure; (b) forfeitures of earnest money deposited at sales of immovable property in execution of decrees; and (c) sums realised under forfeited security and bail-bonds. (iii) Officer-in-chargeHeads of offices will take particular note of the instructions contained in Rules 1 to 4 inclusive, and will not fail to appoint an officer of the headquarters staff to supervise the Nazirs Store-room and Miscellaneous Register F as required by Rule 4.

(iv) Directions as to preparation of returnsThe principles underlying Rules 6 and 7 for the preparation of the returns thereby required, are those which regulate the monthly Fine Statements. As Subordinate Judges are under the operation of Rule 6 required to furnish a return of the forfeiture of earnest money deposited at sales of immovable property in execution of decrees, District Judges should take steps to instruct Subordinate Judges in the rules, regulating the preparation and submission of fine statements, and direct strict compliance therewith, mutatis mutandis, for the preparation and submission of the statement prescribed in Rule 6. It will not escape notice that the statements required by Rules 6 and 7 must be separate and distinct from each other, and from the statement of fines. The caution to Record-keepers at the end of Rule 6 should be brought prominently to the notice of those officials. (v) Statements to be submitted monthlyThe statements should be submitted monthly to the Accountant-General, as soon as possible after the close of the month to which they refer. (vi) Items of uncertain revenue, stamps, etc., require special attentionThe attention of Deputy Commissioners is specially invited to the following remarks, regarding items of uncertain revenue, recorded by the Accountant-General: All items of uncertain revenue for which there is no fixed demand, or for which there are no vouchers, as in the case of stamps, are liable to be misappopriated in the first instance by the establishment which collects them, the statements of receipts being falsified in its preparation and made to agree with the sum actually paid into the Treasury. The system of check now proposed will reveal no fraud designed and perpetrated at this stage; and with the knowledge before them, that independent statements of realisations by the collecting officers, and of Treasury credits, exist for comparison, the perpetrators of such frauds would be careful to see that the statement of receipts corresponds with the sums actually paid in by them. (vii) Portions of bail and security bonds forfeitedDemands on account of amounts forfeited on bail and security bonds should be entered in Criminal Register No. XIV, and realizations of such demands in Fine Register No. XV. (viii) Nazirs strong box not to contain property exceeding Rs. 1,000. Nazirs store -room and Police guardEvery Nazir shall be provided with a strong box and store-room for the custody of all property made over to him, including bullion or jewels of less value than one thousand rupees. The bullion or jewels shall be kept in the strong box which shall be deposited in the Treasury under single lock, while the other property shall be kept in the store-room which shall be guarded by the police with Government property. It shall be the duty of the officer-incharge of the store-room to see that the value of valuable property, such as, bullion or jewels lying with the Nazir at any time does not exceed Rs. 1,000. If at any time this limit is exceeded the property shall be sent to the Treasury Officer for safe custody. (ix) Disposal of property attached and subsequently found to be unclaimedIf there is any property which has been attached by a Court in execution of decree and is subsequently found to be unclaimed and incapable of being returned, it should be disposed of under Sections 25 to 27 of the Police Act.

Rules
1. Entry of property made over to Nazir in Register K and its safe custodyAll property made over to the Nazir under the rules contained in Chapter 11-E of Volume III of the Rules and Orders, or otherwise under the orders of a Judicial Officer acting as such, after each article has been entered in Miscellaneous Register F, be kept in such place as may be appointed by the head of the office concerned in consultation with the Police authorities. 2. Articles forfeited and made over to the Nazir to be entered in one register, etc., and directions re. the entries to be made in this registerOne register in 2 volumes shall be maintained in each office for both the Civil and Criminal Departments, the first volume for articles which have been forfeited and the second for articles which have been made over the Nazir pending the decision of a case. If it is subsequently decided that an article entered in the 2nd volume should be forfeited, it should be entered in the 1st volume. Columns 1 to 5 of this register shall be filled up on receipt of the property. When the property is received from the Police the number given to the deposit in column 1 shall be entered by the Nazir in the Police register in which he acknowledges the receipt of the property. When the property is received otherwise than through the Police, the number given to the deposit in column 1 shall be noted by the Nazir on the record of the proceedings ordering the property to be made over to him. To ensure due compliance with these instructions, the Police Registers should occasionally be compared with the Nazirs registers and Record-keepers should be instructed not to receive into their record-rooms any record in which property appears to have been made over to the Nazir, otherwise than through the Police, unless the acknowledgement of the Nazir and the number given to the deposit in his register have been duly entered on the record. 3. Directions with regard to the above-mentioned registerColumns 6 to 8 of the register will be filled up when the property is disposed of. If the property is disposed of by delivery to a private person, the delivery shall always take place in the presence of the officer ordering the delivery and be attested by his initials in column 6. In cases in which the sale-proceeds of property or the property itself, where it consists of cash, are paid into the Treasury, the date of payment and number of the Treasury receipt shall be entered in column 8, in addition to the Treasurers signature; and when items pertaining to several cases are acknowledged in one receipt, the register number of the different cases and the amount paid in each shall be endorsed on the Treasury receipt. 4. Monthly statement by Nazir and its verification by the officer-in-charge. Six-monthly inspection of store-room and monthly inspection of Register KThe Nazirs store-room and Miscellaneous Register F shall always be placed under the special supervision of an officer of the headquarters staff, who shall examine and countersign the register at least once a month, and inspect the contents of the store-room at least once in 6 months. The District Nazir shall be responsible under the officer-in-charge for the disposal of such property and he will prepare the monthly statement of sale-proceeds of unclaimed and escheated property credited into the Treasury for submission to the Accountant-General. The office copy of the statement will be used for the purposes of checking the Treasury credits and a reference to the number of the entry in Miscellaneous Register F should therefore be made in the last column of the office copy. The officer-in-charge should, when signing the monthly statement after verification by the Treasury, compare the entries in the office copy with those in the Miscellaneous Register F and initial in columns 6 of the Register all entries of sale of unclaimed property brought to account in the monthly statement and also all orders of competent authority to destroy such property. Papers relating to orders authorizing destruction or those relating to sale fetching less than Re. 1 should be kept

by the Nazir in quarterly files till the accounts have the audited, when those with regard to which no objection has been raised may be destroyed and the others kept pending till the next audit. The rest should be arranged in monthly files and sent to the Record-room. Note 1The officer-in-charge at the time of the six-monthly inspection, required by this rule, should report to the District Magistrate the total value of the property lying with the Nazir and the District Magistrate should satisfy himself that proper steps have been taken to return the articles of private property to their owners and to dispose of unclaimed property by auction. Note 2To safeguard against any loss of property, the personal control of the Nazarat Officer over the store-room is imperative and should be exercised by keeping the store-room, like the district armoury, under double lock, one key of which should remain with the District Nazir and the other with the Nazarat Officer. 5. Judicial forfeituresDuty of Courts to send monthly statements and verify Nazirs District statement The papers relating to the disposal of property forfeited in judicial cases are included in the proceedings in which the order of forfeiture is given. Each Court shall send to the Nazir a monthly statement of such realizations. From these statements the Nazir will compile the District statement, but the comparison of entries in the office copy with those in Miscellaneous Register F and the initialling of entries in column 6 of Miscellaneous Register F shall be the duty of the Court dealing with the proceedings for forfeiture. 6. Forfeiture of earnest money in auction sales in executionDuty of Court to submit statement. Duty of record-keeper on receipt of execution recordIn the event of an order of forfeiture of the earnest money mentioned in Order XXI, Rule 84, Civil Procedure Code, becoming necessary under the operation of Order XXI, Rule 85, the presiding officer of the Court ordering the sale and subsequent forfeiture shall prepare, for submission to the Accountant-General, according to the present procedure for the preparation and submission of the monthly statement of realization of fine by each Court, at the beginning of the month next following that in which the forfeiture occurred, a statement of the sum credited to Government under the provisions of Order XXI, Rule 86; and such presiding officer will be responsible that the le gitimate expenses of the sale only have been deducted from the amount deposited. The Treasury receipt for the amount actually credited to Government shall remain in the record of proceedings, and Record-keepers shall not receive into the record office any record which is not accompanied by such receipt. 7. Statement of sums realized under forfeited security and bail bondsSum realized under forfeited security and bail bonds shall be entered in the Register of Fine Realizations (Criminal Register No. XV) maintained by the District Fine Moharrir for all Courts in the District. Each Court shall, at the beginning of every month, prepare, for submission to the Accountant-General, according to the present procedure for the preparation and submission of the monthly statement of realizations of fines by each Court a list of all sums so realized by it during the month preceding. NoteThe statement mentioned in Rule 6 and the list in Rule 7 will be separate from each other and from the monthly statement of fines realised, sent to the Accountant-General in accordance with paragraph 20(i) of Chapter 11 of this volume.

Part B]

Part CUSTODY AND DISPOSAL OF THE PROPERTY ATTACHED UNDER THE CRIMINAL PROCEDURE CODE

In order that all property which is at the disposal of the Government under Section 88 or attached under Sections 386 or 332 or any other section of the Criminal Procedure Code may be brought to account and the responsibility of the Government may be properly discharged, the following rules have been made under Article 227 of the Constitution of India, by the High Court with the approval of the State Government:

Rules
1. Arrangements for the safe custody, preservation and proper management of the property attachedWhenever property is attached under the order of a Criminal Court, the Court shall make suitable arrangement for its safe custody, preservation and proper management. 2. Registers to be maintainedThe Court shall maintained the following registers in which all property attached shall be entered: (i) Miscellaneous Register K/l. (ii) Index Register. The forms of these register are appended to these rules. In the Index Register the names of the persons whose property is attached should be entered in chronological order and an alphabetical Index giving reference to the pages of the register should be maintained in the beginning. 3. Time for the disposal of the attached property by saleThe attached property of a proclaimed offender other than that ordered by the Court immediately to be sold under the provisions of Section 88(5), (Section 83 of the New Code) Criminal Procedure Code, shall not be sold until the expiration of six months from the date of attachment and until all claims preferred or objections made under Section 88 have been disposed of. 4. Time for the disposal of the attached property by saleIf the proclaimed offender does not appear before the Court within six months from the date of attachment and after all the objections, if any, made under Section 88 (Section 83 of the New Code) have been disposed of, the Court shall take steps to sell the property unless for sufficient reasons it deems fit to postpone the sale. 5. Directions as to the delivery of property releasedWhenever the Court directs the release of the property attached in favour of any person, in whole or in part, it shall be delivered to him or his authorized agent in the presence of the Court or by an officer of the Court in the presence of respectable witnesses.

6. Deposit or sale-proceeds of income of property in TreasuryThe price realized from sale of the property attached or its income shall be forthwith deposited in Government Treasury under the head XXIAdministration of Justice. 7. Refund of sale-proceeds incomeWhenever the price or income of the property is ordered to be delivered to a person, it shall be paid to him by means of a refund voucher.

INDEX REGISTER
Date of Name and Particulars Reference Dateofrelease Remarks attachment address of the ofthe case toMiscellaneousRegister K/l person whoseproperty has beenattached

MISCELLANEOUS REGISTER K/1 OF THE MOVABLE AND IMMOVABLE PROPERTY

Serial No. in Name and No. Index address of the Register person whose property has been attached 1 2 3 Particulars of Details of Estimated Arrangement the case and property value and for custody and management date of attached and income attachment marks of identification 4 5 6 7 How Amount disposed realized of and when Signature of Remarks person to whom property is delivered 10 11

Notes1. In column 8, if released, give reference to date of order. If sold, mention the agency through which it has been disposed of. State also for what price sold and whether by public auction or private. 2. In column 9 give the number of the Treasury receipt. 3. In column 11 mention the various orders passed by the Court.

Part C]

Part ARMS AND AMMUNITION

The following rules have been framed by the Punjab Government for the guidance of officers dealing with arms, ammunition and military stores deposited in district malkhanas:

Rules
1. Nazarat OfficerSeparate room in Malkhana under double lock to be provided for custody of arms, etc.A separate room in every district malkhana shall, if possible, be set apart for the deposit of arms, ammunition and military stores. Where such a separate room is used, it shall be kept under double lock, one key being retained by the officer of the headquarters staff responsible for the supervision of the malkhana, who is referred to in these rules as the Nazarat Officer, and the other by the District Nazir. 2. Responsibility of the Nazarat OfficerThe Nazarat Officer shall be generally responsible for the supervision and disposal of arms, ammunition and military stores deposited in the malkhana. He shall compare the arms, ammunition and military stores in stock in the malkhana with the register prescribed by rule 4 once a month, and shall submit a report of this inspection to the District Magistrate by the 10th of each month. 3. Responsibility of the District NazirSubject to the control of the Nazarat Officer, the District Nazir, and not any of his assistants, shall be held personally responsible for the proper receipt, safe custody and disposal of all arms, ammunition and military stores. 4. Register of Arms, etc., deposited in malkhanaParticulars of all arms, ammunition or military stores received in the malkhana shall at once be entered in register to be kept for this purpose, in addition to Miscellaneous Register F, in form I appended to these rules. On the receipt of any arms, ammunition or military stores, columns 1 to 13 shall forthwith be filled up, and the register shall then be submitted to the Nazarat Officer who, after satisfying himself as to the accuracy of the entries, shall place his initials in columns 14. 5. Return of arms, etc., deposited in the malkhanaArms, ammunition and military stores which have been deposited in the malkhana, and have not been forfeited to Government, shall be returned to the persons entitled to possess them in cases in which the deposit was made by a Court, under the orders in writing of that Court and in other cases under the orders in writing of the Nazarat Officer. The return of all arms, ammunition and military stores under this rule shall take place in the presence of a Gazetted Officer, who shall be responsible for seeing that the relevant columns of the register are filled up.

6. Sale of arms, etc., forfeited and not ordered to be destroyedAll arms, ammunition and military stores which have been deposited in the malkhana, and have been forfeited to Government, and have not been ordered by a Court to be destroyed, may be sold under the orders in writing of the District Magistrate to persons entitled to possess them. A specific and distinct order must be passed with respect to the sale of each weapon or of each lot of ammunition or military stores proposed to be sold, and the sale price must be fixed by the District Magistrate unless the sale is to be by auction. In passing orders for the sale of arms, ammunition and military stores, the District Magistrate should remember that arms, ammunition and stores which can be utilized by the police or by any department under Government may be retained and brought into use with the sanction of the State Government, and should refer for orders any case in which it appears that it would be to the advantage of Government that the arms, ammunition or stores should be retained. 7. Magistrate dealing with administration of the Indian Arms Act to be informed of the sale The officer of the headquarters staff who, under the orders of the District Magistrate, deals in the first instance with questions relating to the administration of the Indian Arms Act, 1878, and of the rules thereunder, shall be informed of the sale of all arms, ammunition and military stores, and shall be furnished with a full description of the articles sold and with information as to the address of the purchaser. 8. Procedure for destruction of arms, ammunition and military stores All arms, ammunition and military stores which have been ordered by a Court to be destroyed, or for the destruction of which the District Magistrate, after considering the possibility of their disposal under Rule 5, has passed express orders, shall be dealt with as follows : (a) All rifled fire-arms and fire-barrels, pistols and revolvers shall be sent to the nearest Ordnance Officer, under proper precautions, to be broken up. The Nazarat Officer shall advise the Ordnance Officer concerned of the despatch of such arms, and shall personally supervise their desptach. He shall also inform the District Magistrate as soon as he has actually despatched them, and shall, in due course, submit the receipt of the Ordnance Officer to the District Magistrate for his information. (b) All arms, other than those referred to in clause (a) of this rule, ammunition and military stores shall be broken up or destroyed locally in the presence of the Nazarat Officer and the materials (if any) remaining shall be sold. When the procedure prescribed by this rule has been completed, the relevant columns of the register shall be filled up. It is of great importance that the number of articles awaiting disposal under this rule should not be allowed to become excessive. Articles, the destruction of which has been ordered, should be kept as far as possible separate from the remainder of the arms, ammunition and military stores in the malkhana, and should be despatched to the Arsenal or destroyed locally, as the case may be, at least once a month. A simple register of such articles should be kept in Form II appended to these rules. 9. Register No. 1 to be opened a new every year. Its checking by the Nazarat Officer and the District Magistrate The register mentioned in Rule 4 shall be an annual register. At the beginning of each year a new register shall be opened on to which all arms, ammunition and military stores lying in the malkhana shall be brought before the 10th of January. The Nazarat Officer shall be personally responsible for seeing that all arms, ammunition and military stores not shown as disposed of in the previous years register are in the malk hana, and he shall at

once report if there is any deficiency. The District Magistrate shall, during the month of January, check the entries in the register with the arms in the malkhana, and, in order to satisfy himself that the register has been properly prepared, he shall examine a sufficient number of entries in the previous years register. He shall specially arrange for the disposal of arms liable to sale or destruction if their number i s excessive.

FORM I (See Rule 4) Register Showing Arms, Ammunition and Military Stores in the Malkhana at .....................
For what object Received Date of Disposal Ini tia ls of N az ar at or G az ett ed Of fic er in w ho se pr es en ce ar m s w er e

S e r i a l N o .

D a t e o f r e c e i p t

C la ss of w ea p o n

N o. of w ea p o n

Clas s and num ber of am mun ition , or natu re and qua ntity of mili tary stor es

Fr o m w ho m re ce iv ed

U nd er w ho se or dr es re ce iv ed

N a m e a n d a d dr es s of o w n er ( w h er e k n o w n)

Des truc tion

D e p os it

Da te on wh ich lia ble to for fei tur e

Dat e on whi ch liab le to des truc tion

Ini tial s of Re cei vin g Of fic er

In iti al s of N az ar at O ff ic er

De sp atc h to Ar se na l

Dist rict Ma gist rate' s san ctio n to sale and actu al sale

Des truc tion

Res tora tion to ow ner

Sig nat ure of des pat che r

Si gn atu re of rec eiv er, or dat e of rec eip t at Ar se nal

Sa le pri ce wi th N o. of ch al an an d da te of de po sit in Tr ea su ry

Re m ar ks

ret ur ne d to o w ne r

10

11

12

13

14

15

16

17

18

19

20

21

22

23

FORM (See Rule 8) Register of Arms, of which has been ordered

1 Serial No. 2 3 4

II

Ammunition
5 6

and

Military

Stores,

the

Distribution

Reference to the serial Description number in the register of article in Form I

Date of Date of Initials despatch to destruction Nazarat Arsenal Officer

of

Part D]

Part CIVIL COURTS MALKHANAS

1. Custody and supervision of MalkhanasThere shall be one common store-room at the District Headquarters for all the Civil Courts of a district under the control of the Civil Nazir to be known as the Civil Nazirs malkhana. The malkhana shall be placed under the direct

supervision of the Senior Subordinate Judge (or the Administrative Sub-Judge in the districts where one has been appointed) or any other whom the High Court may, by general or special directions appoint. This officer shall be known as the officer-in-charge for the purpose of these rules. 2. Custody of property with the Civil NazirEvery Civil Nazir shall be provided with a strong box for the custody of all light property such as jewels, bullion, etc., up to the value of one thousand rupees. This strong box may be placed in the outer room of the Treasury, if it is open, as provided in Chapter 3 of the Punjab Financial Rules and if it is closed, the officer-in-charge should arrange for its safe custody in the Civil Nazirs malkhana, subject to the provision of Rule 8. The Civil Nazir shall be primarily responsible for the safe custody of the malkhana, the strong box, and the keys thereof subject to the general Superintendence of the officer-in-charge. It shall be the duty of the officer-in-charge to see that the aggregate value of property such as jewels, bullion, etc., in custody of the Civil Nazir, does not at any time exceed Rs. 1,000. 3. Custody of property with the Treasury OfficerWhere the property consists of bullion, coin, currency notes, valuable securities or jewels, and its value exceeds one thousand rupees, it should, instead of being kept in the custody of the Civil Nazir, be made over to the Treasury Officer for safe custody in the Treasury; coin or currency notes (other than counterfeit coin and notes) will be treated as regular deposits under the rules in Chapter XII of the Punjab Financial Rules; bullion at its estimated value, securities, irrespective of their face value, and jewels will be deposited for safe custody, and an entry made by the Treasury Officer in the special register kept in Form P.F.R. 2 which should be countersigned every month by the District Magistrate, or of the Additional District Magistrate. The orders of the Deputy Commissioner must be obtained before placing bullion or jewellery, etc., for safe custody in the Treasury. 4. Miscellaneous Register FColumns 1 to 5 of the Miscellaneous Register F shall be filled up by the Civil Nazir on receipt of the property. The number given to the deposit in column No. 1 shall be noted by the Nazir on the record, of the proceedings ordering the property to be made over to him. 5. Record-keepers responsibilityRecord-keepers should be instructed not to receive into their record rooms any record in which property appears to have been made over to the Civil Nazir, unless the Acknowledgement of the Civil Nazir, the number given to the deposit in its register have been duly entered on the record. 6. Disposal of the propertyColumns 6 to 8 of the register will be filled up after the disposal of the property. If the property is delivered to a private person, the delivery shall take place in the presence of the Court ordering the delivery or of the officer-in-charge of the malkhana as may be convenient and shall be attested in column 6 by the initials of the officer responsible for the delivery. 7. Duties of the officer-in-charge, MalkhanaThe officer-in-charge shall examine and countersign the register at least once a month and inspect the contents of malkhana at least once in six months. He shall at the time of the six-monthly inspection, report to the District Judge the total value of property lying with the Civil Nazir and the efforts made to dispose of the property.

8. Guarding of MalkhanaThe Civil Nazirs malkhana shall be guarded by a Chaukidar but if the value of the property is large and the property is not of such a nature that it can be conveniently deposited in the Treasury or kept in the Civil Nazirs strong bo x, the officer-in-charge may appoint temporary additional guard or guards. 9. Control and supervision of outlying store-roomsWhere there is a store-room attached to the Court of an outlying Civil Court, it shall be under the immediate control and supervision of the Naib-Nazir, who shall be responsible for the safe custody of the contents thereof and the keys, subject to the general Superintendence of the officer-in-charge. 10. Custody of valuable securities, jewels, etc., in outlying CourtsValuable securities or jewels shall not be kept in outlying storerooms. Where there is a sub-treasury near the Court, such valuable property shall be treated as subject to the provisions of Rule 3 and be kept in the local sub-treasury, or where there is no such sub-treasury it shall be transferred for safe custody at District Headquarters according to the foregoing rules.

General
11. Custody of perishable property and livestockPerishable property or livestock shall be retained by the Civil Nazir or Naib-Nazir for custody in a malkhana, but made over to a Sapurdar.

Stereo Register of Bullion, to be Taken out Frequently

Jewellery

and

other

P.F.R. Valuables

Connected

with

Cases

2 Required

D at e of re ce ipt

S er ia l N o.

Fro m wh om rec eiv ed

Desc riptio n of the case conc erned

Desc riptio n of articl e

Init ials of Tre asu ry Off icer on rec eipt

Sig natu re of reci pien t with date initi als of the Tre asur y Offi cer 7 8

Init ials of Tre asu ry offi cer on retu rn

Sig natu re of reci pien t with date initi als of Tre asur y offi cer

Init ials of Tre asu ry Off icer on retu rn

Sig natu re of reci pien t with date initi als of Tre asur y Offi cer

Init ials of Tre asu ry Off icer on retu rn

Sig natu re of reci pien t with date initi als of Tre asur y Offi cer

Init ials of Tre asu ry Off icer on retu rn

Sig natu re of reci pien t with date initi als of Tre asur y Offi cer

Init ials of Tre asu ry Off icer on retu rn

Sig natu re of reci pien t with date initi als of Tre asur y Offi cer

10

11

12

13

14

15

16

17

CHAPTER 11
Ch. 11]

Realization of Fines
1. Discretion to be used in making further efforts to realize fines if sufficient efforts made have failedAlthough Section 70 of the Indian Penal Code gives the power to levy a fine at any time within six years or during the term of imprisonment of the offender, if this be more than six years, neither that Section nor Section 386 of the Code of Criminal Procedure requires that the power should be exercised in every case. The law is permissive and not imperative. When sufficient efforts have been made to realize a fine by distress and sale, but without any success, the Court should exercise its discretion, according to the circumstances of each particular case, as to whether any further steps should be taken towards the realization of the fine within the period allowed by law. If there is reason to believe that the offender is able to pay, but will not do so preferring to undergo imprisonment, the law should be strictly enforced; but if it appears that the fine was not paid for want of means or that its full realization would be ruinous to the offender or his family, it is not desirable that further steps should be taken. 2. Warrant for recovery of fine to be issued only for special reasons if accused has undergone imprisonment in lieu of fineUnder Section 386, as amended in 1923, the offenders, movable as well as immovable property is now liable to be sold for realization of the fine. But sale of immovable property must be made through the Collector of the District. When an offender has undergone the sentence of imprisonment awarded in default of payment of the fine, no Court can issue a warrant for realization of the fine unless for special reasons to be recorded in writing, it considers it fit to do so. 3. Fine Register. Its scope and inspectionEvery Court, whether Criminal or Civil, will keep up in the vernacular a separate Fine Register (No. XIV Criminal), and it will be the duty of the Reader of each Court to see that all fines imposed by the Judge or Magistrate are entered the same day in this register. Compensation awarded under Section 545 (Section 357 of the New Code) of the Code of Criminal Procedure will be treated as a fine imposed in a case instituted on complaint by the original defendant. Fines imposed under Section 480 (Section 354(1) of the New Code) of the Code of Criminal Procedure, or under Order XVI, Rules 12, 17, of the Code of Civil Procedure, will also be entered in the register and dealt with according to the instructions laid down in these directions. The register should be inspected and signed, in the case of Sessions Courts, by the Judge once a month, and, in other Courts, by the Presiding Officer once a week. 4. General Register of fines. Its scope and inspectionIn addition to the above register there will also be kept up in the same form, at the headquarters of each District, a General Register of Fines. This register will be under the special charge of the Fine Moharrir, whose duty it will be to see that the register is correctly maintained, that the necessary measures are taken from time to time to realize the fines, and that sums realized are duly disposed of. He should in each case look for his orders to the officer who, under these directions, is responsible for the due execution of the sentences of fine. Separate pages of this register and separate serial numbers should be assigned to the Court of each Magistrate and each Civil Court in the District, and also to the Sessions Court exercising jurisdiction therein. The Presiding Officer of each Court will send to the Fine Moharrir a copy of all entries made in his separate register on the day

on which they are made. Fines imposed by the Sessions Court will be entered in accordance with the rules hereinafter provided. This register should be inspected and signed by the Magistrate of the District, or the Assistant Commissioner or Extra Assistant Commissioner specially charged with the supervision of the Fine Department, once a week at least. 5. Payment of fine at the time of pronouncing sentence procedure(i) If a person, at the time of being sentenced to fine, whether or not in addition to other punishment, tenders payment, in whole or in part, to the Judge or Magistrate imposing the fine, such Judge or Magistrate will receive the amount tendered and grant, under his hand, a receipt in the form prescribed for the same. (ii) If the fine has been paid in full, the Court will cause an entry to that effect to be made on the file of the case and will sign such entry; and, if the Court is a Court of Session, will, in forwarding a copy of the sentence to the Magistrate of the District, under Section 373 (Section 365 of the New Code) of the Code of Criminal Procedure, notify the fact of payment with a view to the necessary entry being made in the District Register of Fines. If the fine has been paid only in part, the Court will likewise cause such payment to be entered on the file of the case and will then proceed as provided hereinafter. (iii) Fines thus paid direct into Court at the time of sentence should be entered at once in the Courts Fine Register, the amount received being noted by the Presiding Officer with his own hand in column 12, and should be then dealt with in the manner provided in paragraph 19 of these directions. 6. Procedure for recovery of fines imposed by the Sessions JudgeUnder Section 386 (Section 421 of the New Code) of the Code of Criminal Procedure it is in the discretion of the Court passing a sentence of fine to issue a warrant for the levy of the amount by distress and sale of movable property belonging to the offender, although the sentence provides for his imprisonment in default. If the fine is imposed by a Court Session, the Judge should, in the absence of any special direction to the contrary in the law under which the fine is imposed, direct the warrant to the Magistrate of the District. If the whole or a portion of the fine has been awarded in compensation or reward, this fact should be communicated, along with the warrant. The Magistrate of the District to whom the warrant is addressed will, on receipt, cause the particulars to be entered in the proper page of the General Fine Register, and the Fine Moharrir will then be responsible that the proper steps are taken for the realization of the fine. 7. Procedure for recovery of fine imposed by MagistratesIf the fine is imposed by a Magistrate the warrant should, except when issued by a Tahsildar for execution in his own tahsil, or as hereinafter provided in paragraph 11, ordinarily be addressed to the Tahsildar within whose jurisdiction the offender resides. Warrants for the levy of fine, received by a District Magistrate under the preceding paragarph, should also be executed through the Tahsildars in the same manner as the warrants issued by Magistrates. 8. Warrants for recovery of fine not to be sent to PoliceThe practice of issuing a written order to the police for the realization of the fine has been discontinued under the orders of the State Government. In considering whether a warrant of distress should or should not be issued, the Court will bear in mind the provisions of Section 386 (Section 421 of the New Code) of the Code of Criminal Procedure. 9. Recovery of fine in instalments and suspension of execution of sentence of imprisonment Section 388 (Section 424 of the New Code) of the Code (as recently amended) provides for the realization of fine in instalments and suspension of the execution of the sentence of imprisonment in default of payment of the fine, when an offender is sentenced to fine only.

10. Recovery of fine in CantonmentsWarrants issued for the levy of fines by distress and sale of movable property situate in Cantonments will not be executed by the Tahsildar, but through the Magistrate entrusted with the Judicial work of the Cantonment concerned. 11. Procedure for attachment, sale and objections as laid down in CPCFormalities will be observed in attachment, sale and adjudicating upon objections similar to those in force in the execution of Civil decrees, with this difference, that the process issues on the Criminal side. 12. Attachment agricultural implements should be rarely resorted toAlthough agricultural implements are not exempt from distress and sale in realization of a fine, the measure is one which should be resorted to with discretion; otherwise it may entail undue hardship. 13. Objections attachmentWhen an objector comes forward, he should be warned of the penalties prescribed in Section 207 of the Indian Penal Code for a fraudulent claim to property to prevent its seizure in satisfaction of fine. After this warning, the objection should be inquired into and disposed of, either by admitting the claim or referring the objector, to a civil action if his claim seems prima facie groundless. 14. Commission on saleThe officer employed on the duty of selling property attached in default of payment of fines will receive a commission at the following rate, to be deducted from the saleproceeds if the sale-proceeds do not exceed Rs. 5,000, at 5 per cent. if the sale-proceeds exceed Rs. 5,000, 5 per cent on Rs. 5,000 and at per cent on the remainder. 15. Action to be taken subsequent to the realization of a fineWhen a Tahsildar has realized a fine or part of a fine, in the manner above provided, he will forthwith dispose of it as hereinafter directed in paragraph 19 below, and return the warrant to the Magistrate who issued it with an endorsement that he has done so. In the endorsement should be noted the date of payment into the Treasury and the number of the Treasury receipt. On the return of the warrant the Magistrate will at once notify in the form prescribed, under his hand and seal, the payment endorsed thereon to the Superintendent of the Jail in which the offender is confined, if he is in prison, and, after causing the necessary entries to be made in his Fine Register and attaching the warrant to the file of the case, will pass on the papers to the Fine Moharrir with a view to the results reported by the Tahsildar being noted in the General Fine Register, a fresh warrant being prepared if further proceedings appear to be called for. NoteThe notice (see Form No. 93 of Rules and Orders, Volume VI-B, Part B-I) of payment to the Superintendent of the Jail shall be sent by the Magistrate by registered post, or by a special messenger if the offender is confined in the local jail. 16. Fine may be tendered at any time to Magistrate, Tahsildar and Superintendent of Jail and District Magistrate(i) All Magistrates will, at any stage of the proceedings, receive fines imposed by themselves or their predecessors in office, if tendered in their Court, and proceed in the manner described in paragraph 5, and, if the offender is in prison, intimate the payment in the prescribed way to the Superintendent of the Jail in which he is confined. (ii) Magistrates of Districts will likewise receive fines tendered to them in satisfaction of warrant received from the Courts of Sessions, under the provisions of paragraph 6.

(iii) Tahsildars will always receive fines by whomsoever tendered and will grant receipts. These receipts must be in the prescribed form and be signed by the Tahsildar in full, and will then be admitted by the Magistrate executing the sentence as proof of payment. (iv) Superintendents of Jails will also receive fines in respect of prisoners in their Jails, and send the money with a report to the Magistrate of the District. The Magistrate of the District will make over sums so received to the Nazir, to be dealt with according to the provisions of paragraph 19, and when this has been done, will forward the report of the Superintendent of the Jail, duly endorsed with the date on which the fine was paid into the Treasury and the number of the Treasury receipt, to the Magistrate executing the sentence, who will inform the Tahsildar, and cause the necessary entries to be made in his Fine Register and the report to be attached to the file of the case. 17. Form of receipt of fine. Number of copies to be preparedA form of receipt has been prescribed. When a fine is received by a Tahsildar on behalf of another Magistrate, the receipt should be prepared in triplicate; one part should be given to the person paying the fine; the second part should be sent to the Court which imposed it, the third part being retained by the Tahsildar himself. Where the fine is paid direct to the Court which imposed it, the receipt need only be prepared in duplicate, one copy being given to the person paying the fine and the counterfoil being retained for record by the Court. Where a fine is remitted by a Superintendent of a Jail to the Magistrate of the District as provided in sub-paragraph (iv) to paragraph 16, the receipt will also prepared in duplicate, one copy being sent to the Superintendent of the Jail and the counterfoil being retained by the Magistrate of the District. The form of receipt referred to in this paragraph will be found at No. 142 of Part B-III, Rules and Orders, Volume VIB. 18. Procedure to be followed when fine is paid in another districtFines may be paid in any district, but if paid in any district other than that in which the offender was sentenced, the following procedure should be carefully observed : (a) When a warrant or intimation has been received from the district where the fine was imposed the amount received or realized should either be at once credited to Government and intimation sent to the Magistrate of that district, or in case the whole or any part of the fine is to be paid in compensation or to be credited to any Local Fund, so much should be remitted to the Magistrate of that District, and intimation sent to him that the remainder has been credited to Government. In case the fine is only partially realized, and it is not clear in what way the amount should be disposed of, it should be kept in deposit pending instructions from the Magistrate of the District concerned, to whom reference should at once be made. (b) In case no warrant or intimation has been received, the amount received or realized should be placed in deposit and intimation at once sent to the Magistrate of the District where the fine was imposed with a request for instructions as to its disposal. (c) Any fine, or portion of a fine, which has to be finally credited to Government, should be credited in the District in which it is levied, and the Magistrate of the District in which the fine was imposed, should, when communicating, as laid down in clauses (a) and (b) of this paragraph, with the District Magistrate who has received the fine, notify to him the amount to be so credited. (d) Unless the payment is made to the Jail authorities, notice of the realization should at once be sent in the manner prescribed in the note to paragraph 15 to the Superintendent of the Jail in which the

prisoner is confined, either by the Magistrate of the District where the offender was sentenced, or by the Magistrate of the District where the offender is confined, in case the fine is paid in that district. 19. Sums received by Courts in payment of fine shall be paid into the Treasury (i) Every sum received by a Judicial Officer in payment of fine will be taken charge of by the Nazir of his Court, or by the Assistant Nazir or other officer performing the duties of Nazir. If the officer holds his Court in the immediate vicinity of a Government Treasury, whether District, Sub-Divisional or Tahsil, the realizations of each day will be paid into the Treasury at the close of the day. If the officer holds his Court at a distance from a Government Treasury, sums received in payment of fine will be paid into the nearest Treasury once a month at least, on the 25th day of each month, and oftener if the amount received since the last payment exceeds Rs. 100 in all. When the payment into the Treasury is made on account of fines which have been paid direct to the Court which imposed them, or if imposed by the Court of Session, to the Magistrate of the District acting under paragraph 6, the date of payment into the Treasury with the number of the Treasury receipt will be noted in respect of each fine so paid in the Courts Fine Register and on the record of the case. (ii) Directions as to the credit of the sums sent to the TreasurySums thus paid into the Treasury will be paid to the credit of Government, or as a deposit, according as the fine is, under the terms of the sentence or the orders relating thereto, to be credited to Government or to be paid in compensation or reward. (iii) Refund of fines credited to GovernmentSums paid into the Treasury for credit to Government should, even in appealable cases, be credited at once to Government, and will be subject to refund if remitted on appeal or in revision. A form of certificate for refund of fine has been prescribed. Before the amount of the remitted fine, or any portion of it, can be refunded, the exact amount realized and credited in the accounts of the Treasury must be ascertained and certified by the Superintendent of the Deputy Commissioners Office, and the certificate must be passed for payment by the officer -in-charge of the Treasury to which it is presented for that purpose. (iv) Withdrawal of fines paid in Treasury as depositSums paid into the Treasury as deposits will be withdrawable on the order of the Court executing the sentence, on application being made therefore by the party or parties entitled to receive the same, after the expiry of the period of appeal or, if an appeal has been presented, after the decision of the appeal. When sums are realized which, under the term of the sentence, are payable in compensation or reward, intimation should be given to the party or parties concerned by the Court which is executing the sentence. (v) Consequences of neglect to follow the directionsA strict observance of the foregoing directions is necessary, as the Code of Criminal Procedure contains no provision for recovering sums once paid away in compensation or reward. 20. (i) Statement of fines imposed, realized and credited to Government to be sent to the AccountantGeneral every monthFurther rules on the subject of crediting and accounting for fines have been issued by the Accounts Department, and these rules must be strictly observed. At the close of each month a statement, for the whole District, of all the fines imposed by Courts, which were realized, and credited to Government during the month, should be prepared and submitted to the Accountant-General or, if no fines were so realized, a certificate that no realizations were effected, should be submitted. The statement for the Sessions Court will be prepared by the District Moharrir of Fines and signed by the Magistrate of the District. The officer who signs the statement will be responsible for its accuracy. The certifying officer should at the same time satisfy himself that realizations excluded from the statement have been duly accounted for.

(ii) Register XV of fine realizationsTo facilitate the preparation of these statements and the checking of the items excluded from them a register of fine realizations, No. XV, will be kept by the District Fine Moharrir for all Courts in the District and for the Sessions Court. The entries in this register should invariably be made at the same time as the corresponding entries are made in the General Register of Fines, No. XIV, prescribed in paragraph 4 above. The register should be totalled at the end of each month and should then be examined and checked by the officer-in-charge of fines with reference to the Treasury certificate-in-regard to credit of fines in the Treasury during the month. Register No. XV is not to be maintained in future by Courts. 21. Duty of Fine Moharrir to draw the attention of the Magistrate to unrealized finesUnder the foregoing rules, as each fine has been realized, the Fine Moharrir will have noted the fact in the proper column of his register, after satisfying himself that the amount has been credited to Government or otherwise duly dealt with; if a Tahsildar has reported that there are no effects, this also will have been noted; if payment has been made, this will also have been noted. It is also the duty of the Fine Moharrir, from time to time, to draw the attention of the Magistrate to unrealized fines, in order that fresh processes may issue as assets are indicated. 22. Quarterly statement of fine realized to be sent to Sessions Judge. Action to be taken by Sessions JudgeAt the close of each quarter, a return will be submitted to the Sessions Judge, in the prescribed form, showing the progress which has been made during the quarter in realizing the fines imposed by his Court. The realizations shown in this return should be carefully noted in the appropriate column of the Sessions Court's Fine Register, and explanations should be called for or instructions issued in cases in which failure to realize seems to call for explanation or order. The result of this return will be embodied in the Sessions Judge's Annual Statements. 23. Illegal detention after the fine has been recovered should be prevented Care should be taken to prevent illegal detentions in prison. When the Superintendent of a jail receives a fine or a notice, in the prescribed form, that a fine has been realized, he will note the realization in the warrant of imprisonment, and, if the prisoner is entitled to his release, will release him and return the warrant, duly endorsed, to the Magistrate. 24. Precautions to be taken as to noting of fines as to prisoners transferred to another jail Whenever prisoners under sentence of fine are transferred to a Jail in another district, care should be taken to notify on the back of the warrant the amount of fine realized if any realization has been effected. The name of a transferred prisoner who is sentenced to fine must necessarily remain on the Fine Register of the District in which sentence was passed until the whole of the fine has been paid, or until the period within which it can be realized has expired. 25. A General result of the directionsA careful observance of the foregoing directions will result in the following checks: I. Duty of officer-in-charge of the Fine Department to check the District Fine RegisterEvery fine imposed by Courts exercising jurisdiction in the District will be entered in the Fine Registers. II. When the fine has been paid into Court, the fact will appear in the proper register, under the hand of the Judge or Magistrate, and on the file of the case. III. In other cases, the proceedings of the Tahsildar will show what steps have been taken for forcible leavy.

IV. Each realization will be checked by the Fine Moharrir. V. The realizations of each Court will be checked and certified once a month by the Presiding Officer of the Court, or, in the case of fines imposed by the Sessions Court, by the Magistrate of the District. VI. An inspection of the District Register of Fines will always at once show every stage of each transaction, and quarterly, half-yearly or annual audit can be held of the whole fine transactions of the period, by comparing each entry of the register with the record of the case and the credit in the Treasury. The officer-in-charge of the Fine Department should occasionally test the correctness of the entries in the District Fine Register by comparing some of them with the records of the cases to which they relate and with the credits in the Treasury. 26. Some directions apply to fines imposed by Civil Courts for contempt of court It will be observed that fines imposed by Civil Courts under the powers conferred by Section 480 (Section 354 (i) of the New Code) of the Code of Criminal Procedure, must be dealt with in accordance with the instructions laid down in this Chapter so far as they are applicable. It will accordingly be necessary for Courts of purely Civil jurisdiction to keep up Criminal Register No. XIV. 27. Appointment of an officer to supervise the Fine Department. Duty of District Magistrate and controlling officers re. supervisionDistrict Magistrates should invariably appoint an Assistant or an Extra Assistant Commissioner to supervise the Fine Department, and should themselves, from time to time, see that these directions are understood and carried out. Whenever any Court is inspected by a controlling officer, special attention should be given to the subject.

CHAPTER 12
Ch. 12

Oaths, Affirmations and Affidavits

Part A]

Part OATHS AND AFFIRMATIONS

1. In the exercise of the power conferred by Section 7 of the Indian Oaths Act, 1873, the High Court hereby prescribes the following forms for oaths and affirmations, to be made by witnesses, who may be required to give evidence by or before any Court or duly authorised person, and by Interpreters and Jurors (1) Appropriate FormThe first column in each table indicates what is the appropriate form for the persons there described. (2) Suitable forms to meet different casesOne or other of the forms prescribed is suitable for administration to any person who is competent to testify, or to interpret, or to act as a Juror. The forms have been adapted to meet all objections which can be raised by a Court or by a person required to give evidence, to interpret or to act as Juror, to administering or to making (as the case may be) an oath or a solemn affirmation on the ground of immature age, want of or defect in religious belief, or any similar ground, in respect of the person, to be affirmed or sworn. (3) Oaths under Section 8 of the Oaths Act not affectedThe oaths and solemn affirmations referred to in Section 8 of the Indian Oaths Act, 1873, are not in any way affected by these instructions. (4) Manner of administering oathBefore a witness is called on to give evidence he should himself administer the oath or affirmation to him solemnly and impressively, making the witness repeat the words in a clear voice, phrase for phrase. While the oath or affirmation is thus being administered every one in Court shall be made to stand in complete silence. 2. Oaths taken on Guru Granth SahibIf in case an oath is to be taken on Guru Granth Sahib, it should be taken in a Gurdwara with the permission and in the presence of the Granthi or an authorized representative of the Gurdwara Committee, as the case may be. Guru Granth Sahib should in no case be brought into Court for this purpose. 3. When oath or affirmation may be dispensed withWhen a witness is under 12 years of age and the Court has reason to believe, that though he understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation, he shall not be asked to make an oath or affirmation, but in any such case the absence of an oath or affirmation shall not render inadmissible any evidence given by such witness nor affect the obligation of the witness to state the truth. (Section 5 of the Indian Oaths Act, 1873, as amended by Act No. XXXIX of 1939).

IForms of Oaths and Affirmations to be Administered to Witnesses

Whether oath or affirmation Form of oath or affirmation to be administered to witness in civil cases and in criminal cases (other than cases tried by a Jury) or in a proceedings before any other authority empow-ered to administer an oath or affirmation and to take evidence Form of oath or affirmation to be administered to a witness in a criminal case tried by a Jury

ASimple Affirmation For a person who has an objection to making an oath or solemn affirmation, or who by reason of immature age, or of the want of or defect in religious belief, ought not, in the opinion of the Court or person authorised to administer an oath of affirmation, to be permitted to take an oath or solemn affirmation BSolemn Affirmation For a person who is a Hindu or Muhammadan and who has an objection to making an oath. I solemnly affirm, in the presence of Almighty God that the evidence which I shall give to the Court (or as the case may be) in this case (or matter) shall be the truth, the whole truth, and nothing but the truth. I solemnly affirm, in the presence of Almighty God that the evidence which I shall give to the Court and Jury touching the matters in question between the State and the prisoner at the bar, shall be the truth, the whole truth, and nothing but the truth. I solemnly affirm that the evidence which I shall give to the Court (or as the case may be), in this case (or matter) shall be the truth, the whole truth, and nothing but the truth. I solemnly affirm that the evidence which I shall give to the Court and Jury touching the matters in question between the State and the prisoner at the bar, shall be the truth, the whole truth, and nothing but the truth.

COath For a person who is not a Hindu or Muhammadan, and who has no objection to making an oath. I solemnly swear that the evidence which I shall give to the Court (or as the case may be) in this case (or matter) shall be I solemnly swear that the evidence which I shall give to the Court and Jury touching the matters in question

the truth; the whole truth and nothing but the truth: so help me God!

between the State and the prisoner at the bar, shall be the truth, the whole truth, and nothing but the truth, so help me God.

IIForm of Oaths and Affirmation to be Administered to Interpreters

Whether oath or affirmation Form of oath or affirmation to be adm-inistered to Interpreter in civil cases and in criminal cases (other than cases tried by a Jury) or in a proceedings before any person authorised to administer an oath or affirmation and to take evidence Form of oath or affirmation to be administered to an Interpreter in a criminal case tried by a Jury

ASimple Affirmation For a person who has an objection to making an oath or affirmation, or who, by reason of the want of or defect in religious belief, ought not, in the opinion of the Court or person authorised to administer an oath or affirmation, to be permitted to make an oath or solemn affirmation. BSolemn Affirmation For a person is Hindu or Muham-madan and who has an objection to making an oath. I solemnly affirm in the presence of Almighty God that I shall well and truly interpret what is deposed by the witness before the Court (or as the case may be) and as may be required by the Court. I solemnly affirm, in the presence of Almighty God that I shall well and truly interpret what is deposed by the witness as between the State and the prisoner at the bar. I solemnly affirm that I shall well and truly interpret what is deposed by the witness before the Court (or as the case may be) and as may be required by the Court. I solemnly affirm that I shall well and truly interpret what is deposed by the witness as between the State and the prisoner at the bar.

COath For a person who is not a I solemnly swear that I I solemnly swear that

Hindu or Muhammadan and who has no objection to making an oath.

shall well and truly interpret what is deposed by the witness before the Court (or as the case may be) and as may be required by the Court; so help me God !

I shall well and truly interpret what is deposed by the witness as between the State and the prisoner at the bar; so help me God!

Part B]

Part AFFIDAVITS

1. Relevant lawThe provisions of the Code of Civil Procedure, 1908, on the subject of affidavits, are contained in Section 139 and Order XIX of the Code. 2. Superior Court may send affidavit for attestation to a lower Court When an application for the attestation of an affidavit is presented to any Court superior to the Court of Sub-Judge, 4th Class, such Court may, if convenient, refer it for disposal to an inferior Court sitting at the same place. 3. Affidavit exempted from Court-feesNo Court-fee or other stamp is required upon an affidavit made for the immediate purpose of being filed and used in any Court or before and other of any Court [(Indian Stamp Act, 1899, Schedule I, Article 4, exemption (b)] and no fee has been prescribed as chargeable for the attestation of an affidavit except as laid down in paragraph 5 below. 4. Joint AffidavitThere is no legal objection to persons joining in a single affidavit in whole or in part; but Courts or Magistrates should, in such cases, be careful that each declarant deposes separately, and that the certificate is adapted to the actual circumstances of the particular case. 5. (i) Under Section 139 (b) of the Code of Civil Procedure approximately two to four legal practitioners at the Headquarters of each district and one at each station where there is a Subordinate Judge, are appointed as Commissioners for the purpose of administering oaths and affirmations with the previous approval of the High Court. Oath Commissioners may also be appointed at Headquarters of Tahsils where there are no Subordinate Judges. At each of the District Headquarters in Punjab and Delhi, one of the Oath Commissioners appointed should be a lady lawyer, if one is available for appointment. (ii) Such Commissioners are ordinarily appointed from among legal practitioners but not men in large practice. They will ordinarily be appointed for a period of three years in the first instance, but if their work is satisfactory, their appointment may be renewed from time to time for further periods of three years each, or until the further orders of the High Court, whichever is earlier. (iii) Commissioners may charge a remuneration of annas eight in cash for each affidavit and shall keep a register in the form prescribed in paragraph 7 infra in which all affidavits shall be entered. A written receipt for the amount paid shall be given by the Commissioner to the deponent. The receipt shall be in a printed form consisting of foil and counterfoil, the foil being handed over to the person paying the money and the counterfoil being kept by the Commissioner for purposes of inspection. The above charge will be in addition to any stamp duty payable on the affidavit under the Indian Stamp Act, 1899, Schedule I, Article 4.

Note 1The Commissioner will be entitled to an additional [Rs. ten] from a deponent when he is required to attend the deponents residence.

fee

of

Note 2With a view to ensure that all affidavits which are attested by an Oath Commissioner are entered in the register and receipts for the money received are given by him each District and Sessions Judge will obtain such certificate from Oath Commissioners under his control and make such periodical inspections of their registers and receipt books containing counterfoils, as may be considered necessary.
COMMENTS The provisions of Section 139(b) of Civil Procedure Code, paragraph 5 of Chapter 12-B of High Court Rules and Orders Volume IV and the notification appointing oaths Commissioners issued, leave no doubt that the Oaths Commissioners are not authorised to administer oaths and affirmations other than those required under C.P.C. or to do any other judicial act. Ahmad Din v. Abdul Salem, AIR 1966 Punjab 528.

5A. All Official Receivers in the Punjab and Delhi have been appointed ex-offico Oath Commissioners in their respective districts. They will continue as such for the period they hold the office of Official Receiver or until the further orders of the High Court, whichever is earlier. [High Court Notification No. 205-R/X-B.9(b), dated the 16th July, 1943]. 6. Attestation of affidavits by process serving and other officialsIn order to facilitate the verification of affidavits of serving officers made under Order V, Rule 19, or Order XVI, Rule 10, of the Code of Civil Procedure, the State Government has empowered the Court of the Subordinate Judge of the First Class in charge of the Nazarat to appoint an officer subordinate to itself to administer oaths to process-servers, bailiffs, naib-nazirs and nazirs making affidavits of service of summons, notices and other processes under the Code of Civil Procedure. (Punjab Government Notification No. 21619, dated the 20th June, 1931). In the case of such affidavits and of all other affidavits made by officers of the Courts in their official capacity, no application, such as is referred to in paragraph 2 is necessary. 7. Register of affidavitsA register of affidavits, in the following form, should be maintained at the head quarters of every district and at each Court at a distance from headquarters in which every application to have an affidavit attested and every affidavit verified, should be entered:

Form of Register Register of Affidavit Attested in the . . . . . . . . . . . . . . . . . . . . . . . .Court of the . . . . . . . . .in the . . . . . . . . . . . . . . . . . .District
Name and address of the person tendieri ng an applica tion (if any) or affidavi t Natur e of affida vit briefl y stated : if the affida vit relate Detai ls of exhib its if any attac hed to affid avit Civil Court, Magistrat e or other officer empower ed in that behalf administe ring the oath or affirmati Name and address of witness identifyin g the Deponen: if he is not known to Officer Nam e of the Court or office , in whic h the affida vit is inten Signatu re and designa tion of Civil Court, Magistr ate or other officer

Ser ial No.

Date of applica tion or of tenderi ng affidavi t

Date of administe ring oath or affirmati on

Signatu re or thumbimpres sion of the Depon ent

s to a cause in Court , the cause shoul d be specif ied

on

administe ring oath and his signature of thumbimpressio n

ded to be filed

10

11

8. Title of affidavits(i) Every affidavit to be used in a Civil Court shall be entitled: In the Court of . . . . . . . . . at . . . . . . . . . . . . (naming the Court and place of sitting). (ii) If there be a cause in Court, the affidavit in support of or in opposition to an application respecting it shall also be entitled in the cause, thus : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Plaintiff against . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defendant Claim: . . . . . . . . . . . (naming the parties and stating the nature of the claim). (iii) If there be no cause in Court, the affidavit shall be entitled : In the matter of the petition of . . . . . . . . . . . . (name) paying . . . . . . .

(brief statement of subject)

(iv) Every affidavit shall be further entitled : Affidavit of . . . . . . . .. .(name) made on this . . . . . . . ..day of . . . . . . 19 . . . . (date) before . . . . . . . . (name of attesting officer), at . . . . . . (place).

9. Contents of affidavits(i) Every affidavit containing any statement of facts shall be divided into paragraphs, and every paragraph shall be numbered consecutively, and, as nearly as may be, shall be confined to a distinct portion of the subject. (ii) Every person, other than a plaintiff or defendant in a suit in which the application is made, making any affidavit, shall be described in such manner as will serve to identify him clearly : that is to say, by the statement of his full name, the name of his father, his profession or trade, and the place of his residence. (iii) When the declarant in any affidavit speaks to any facts within his own knowledge, he must do so directly and positively, using the words I affirm or I make oath any say. (iv) When the particular fact is not within the declarants own knowledge, but is stated from information obtained from others, the declarant must use the expression I am informed,and, if such be the case, should add and verily believe it to be trueor he may state the source from which he received such information. When the statement rests on facts disclosed in documents, or copies of documents procured from any Court of Justice or other source, the declarant shall specify the source from which they were procured, and state his information or belief as to the truth of the facts disclosed in such documents. 10. Affidavits generally to be confined to facts which are within defendants knowledge(i) Attention is drawn to Order XIX, Rule 3, which lays down that affidavits shall be confined to such facts, as the deponent is able of his own knowledge to prove, except interlocutory applications ( See Order XXXIX, Rules 6 to 10), on which statements of his belief may be admitted : provided that the grounds thereof are stated. (ii) All interlineations, alterations or erasures in an affidavit shall be initialled by the person swearing it and the person before whom it is sworn. Such interlineations, alterations or erasures shall be made in such manner as not to obliterate or render it impossible or difficult to read the original matter. In case such matter has been obliterated so as to make it impossible or difficult to read it, it shall be rewritten on the margin and initialled by the person before whom the affidavit is sworn. 11. Identification of deponentEvery person making an affidavit shall, if not personally known to the Court, Magistrate or other officer appointed to administer the oath or affirmation, be identified to such Court, Magistrate or officer by some person known to him; and such Court, Magistrate or officer shall specify, at the foot at the affidavit, the name and description of the person by whom the identification is made, as well as the time and place of the identification and of the making of the affidavit.
COMMENTS Where the affidavit shows that the deponent had been identified before the learned Magistrate by the Sub Inspector and the Magistrate had attested the affidavit. The requirement of Rule 11 appears to be well met. The word "attest" according to Concise Oxford Dictionary means "testify, certify, put (person) on oath or solemn declaration, administer oath or solemn declaration, administer oath of allegiance to, bear witness to". The word "attestation" means "act of testifying, testimony, evidence, formal confirmation by signature, oath, etc, administration of an oath". The word "testify" means "bear witness to fact, give evidence". So, the word "attested" written by the Magistrate would mean that the deponent had been identified before him and he had administered oath to him and testimony of deponent had been incorporated in the affidavit. It was not necessary for the Magistrate to have appended any certificate that he had read over and explained the contents of the affidavit to the deponent who admitted the same as correct. The moment the Magistrate attested the affidavit the legal inference is that he administered the oath to the deponent and also got affirmed from the deponent that whatever is stated by him in the affidavit is known to the deponent and the deponent was identified by a person known to the Magistrate. Waisuddin vs. State (Delhi Admn.) 1990 (19) DRJ 85 : 1990 (42) DLT 176 : 1991 CrLJ 134.

12. Mode of attestationThe Court, Magistrate, or other officer as aforesaid, before whom an affidavit is made, shall certify at the foot of the affidavit the fact of the making of such affidavit before him, and shall enter the date and subscribe his signature to such certificate, and shall, for the purpose of identification, mark, date, and initial every exhibit referred to in the affidavit. The name of the verifying authority must be signed in full, and care must be taken that his proper designation as a Civil Court or Magistrate is added. 13. Female deponentsAn affidavit purporting to have been made by a female declarant, who has not appeared unveiled before the Court, Magistrate, or other officer as aforesaid, before whom the affidavit is made, shall not be certified, unless and until she has been duly identified before, and an affidavit of her identity by the person identifying her has been made before, and certified by such Court, Magistrate, or officer. 14. Attesting officers dutyIf any person making an affidavit appears to the Court, Magistrate, or other officer administering the oath or affirmation, to be ignorant of the language in which it is written, or to be illiterate, or not fully to understand the contents of the affidavit, such Court, Magistrate, or officer shall cause the affidavit to be read and explained to him in a language which both he and such Court, Magistrate or officer understand; either doing so himself, or causing another person to do so in his presence. When an affidavit is read and explained as herein provided, such Court, Magistrate or other officer as aforesaid shall certify in writing at the foot of the affidavit that it has been so read and explained, and that the declarant seemed perfectly to understand the same at the time of making it. 15. Attesting signing and verification of affidavitsEvery affidavit shall be signed or marked and verified at foot by the deponent and attested by the Court, Magistrate or other officer administering the oath or affirmation. Every page of the affidavit shall be signed by the deponent and initialled by the attesting Officer. The verification by the deponent shall be in one of the forms attached hereto, and shall be signed or marked by the deponent. The attestation of the Court, Magistrate or other officer administering the oath or affirmation shall also be in the form prescribed below. 16. Manner of administering oath to deponentIn administering an oath or affirmation to the declarant in the case of any affidavit under the Code of Civil Procedure, the Court, Magistrate or other officer appointed in that behalf shall be guided by the rules under the Indian Oaths Act, 1873, printed in Part A of this Chapter and shall follow the form of verification by oath or affirmation hereto appended.

IForm of Verification of Oath or Affirmation (Vide Paragraph 15 Above) Oath

I solemnly swear that this my delcaration is true, that it conceals nothing, and that no part of it is falseso help me God !

Affirmation
I solemnly affirm that this my declaration is true, that it conceals nothing, and that no part of it is false.

IIForm of Certificate (Vide Paragraph 12, 14 and 15 above)

Certified that the above was declared on (a) . . . . . . . . . before me this (b) . . . . . . day of (c) . . . . . . 19 . . . at (d) . . . . . . in the district of (e) . . . . . . by (f) . . . . . . . who is (g) . . . . . . . . .

(Full signature) A.B.

(Office) District Judge (or as the case may be) of . . . . . . . . . . . . . . . . . . . . .

(a) here enter (b) date, (c) month, (d) place, (e) name of district,

as the case may be,

(f) full name and description of declarant. (g) here enter personally known to me or identified at (time and place of identification) by (full name and description of person making the identification who is personally known to me.).

II-A
The exhibits marked A, B, C (as the case may be) above referred to are annexed hereto under this date and my initials.

II-B
Certified further that this affidavit has been read and explained to (name) . . . . . . . . . the declarant who seemed perfectly to understand the same at the time of making thereof.
1. Substituted for the words Rupees five vide Notification No. 203/Rules/DHC dated 14.12.2001.

CHAPTER 13
Ch. 13]

Touting
1. Definition of a toutThe attention of all District Judges and Deputy Commissioners is directed to the definition of a tout in Section 3, and the provision of Section 36 of the Legal Practitioners Act, 1879, as amended by Act XI of 1896 and Act XV of 1926.

In Section 3 a tout is defined as a person : (a) who procures, in consideration of any remuneration moving from any legal practitioner, the employment of the legal practitioner in any legal business; or who proposes to any legal practitioner or to any person interested in any legal business to procure, in consideration of any remuneration moving from either of them, the employment of the legal practitioner in such business; or (b) who for the purposes of such procurement frequents the precincts of Civil and Criminal Courts or of revenue offices, or railway stations, landing stages, lodging places or other places of public resort. 2. Stopping toutismIt is very desirable that use should be made of Section 36, as it enables Courts to protect suitors and respectable members of the bar, at least to the extent of stopping touting within the precincts of the Courts. 3. List of touts to be prepared by CourtSection 36 only requires that the Court preparing a list of touts should satisfy itself that persons habitually act as touts, and should give them an apportunity of showing cause against the inclusion of their names. A wide discretion is left to the Court as to the method in which it may so satisfy itself.
4. Punishment for acting as toutParticular attention is drawn to clause (6) of Section 36, as it now stands. This clause provides that if a person, whose name is on the list of touts, acts as a tout, he is liable to punishment. This provision is not sufficiently known, and it is desirable that it should be enforced.

CHAPTER 14
Ch. 14]

Legal Proceedings by or Against Judicial Officers

1. Institution of proceedings by Government servant against defamatory attacks on his public acts with the sanction of GovernmentWithout obtaining the authorisation of the Government to which he is immediately subordinate, no Government servant is permitted to have recourse to the Courts for the vindication of his public acts or of his character as a public functionary, from defamatory attacks. In giving authority to institute proceedings the State Government concerned will decide whether the circumstances of the case are that the Government should bear the cost of the proceedings. Civil or Criminal, or leave the officer to institute the prosecution or suit at his own expense, and in the latter case it will also determine, in the event of the matter being decided by the Courts in the officers favour whether he should be recouped by Government the whole or any part of the cost of the action. 2. No sanction required for private casesThe ruling above laid down does not affect an officers right to defend his private dealings or behaviour in any way that he may be advised; but his official reputation is in the charge of the Government which he serves, and it is for that Government to decide in each case whether the institution of proceedings to vindicate his public acts or character is necessary or expedient. Section 198-B (see Section 198(2) to (6) of the new Code) of the Code of Criminal Procedure inserted by the Act No. 26 of 1955, now provides a speedy remedy for such cases. 3. Detailed rulesDetailed rules in connection with suits by or against Public Officers will be found in Part III, paragraphs 20 to 23, of the Punjab Law Department Manual, 1926 (pages 61 to 63). 4. No criminal prosecution of a Government servant for official acts without sanction of the GovernmentAttention is also invited to Section 197 of the Code of Criminal Procedure, which prohibits any Criminal Court from taking cognizance of an offence alleged to have been committed by a Judicial Officer while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the appropriate Government exercising its individual judgment; and to Section 80 of the Code of Civil Procedure, which requires two months notice of a suit against a public officer in respect of any act purporting to be done by him in his official capacity. 5. Report about legal proceedings by or against judicial officer in his official capacity to be sent to RegistrarA detailed report in respect of any legal proceedings civil or criminal which may be brought by or against a Judicial Officer in his official capacity, should be submitted through the usual channels to the Registrar, High Court, by the officer concerned, as soon as the question of their institution arises.

CHAPTER 15
Ch. 15]

Foreign Jurisdiction
I. Origin of foreign jurisdictionThe Central Government has and may hereafter acquire jurisdiction in and in relation to areas outside India by treaty, agreement, grant, usage, sufferance and other lawful means. Vide, preamble and Section 2(a) of the Foreign Jurisdiction Act, 1947. (XL VII of 1947). II. Manner of its exerciseIt shall be lawful for the Central Government to exercise foreign jurisdiction in such manner as it thinks fit [Section 3(i), ibid]. III. Notifications and orders by Central GovernmentThe Central Government may, by notification in the official Gazette, make such orders as may seem to it expedient for the effective exercise of any foreign jurisdiction of the Central Government [Section 4(1), ibid}. IV. French Establishments (Administration) Order, 1954Whereas by virtue of the agreement dated the 21st day of October, 1954, entered into between the Government of India and the Government of France, the Central Government has jurisdiction in and in relation to the French Establishments in India; And whereas it is expedient that provision should be made by the Central Government for the administration of the said Establishment; Now, therefore, in exercise of the powers conferred by Section 3 and 4 of the Foreign Jurisdiction Act, 1947 (XLVII of 1947), and of all other powers enabling it in this behalf, the Central Government is pleased to make the following Order, namely: 1. (1) This order may be called the French Establishment (Administration) Order, 1954. (2) It extends to the whole of the French Establishments. (3) It shall come into force on the 1st day of November, 1954. 2. In this order French Establishments mean the areas comprised in the French Establishments in India known as Pondicherry, Karaikal, Mahe and Yanam. 3. There shall be a Chief Commissioner at the head of the administration of the French Establishments appointed by the Central Government. 4. (1) Subject to the direction and control of the Central Government the Chief Commissioner may, from time to time appoint such Judges, Magistrates and other authorities as may be necessary for the

administration of the French Establishments and may, by general or special order, determine their jurisdiction, powers, duties and functions. (2) Without prejudice to the provisions of sub-paragraph (1) but subject to any law for the time being in force in the French Establishments, all Judges, Magistrates and other authorities of the French Establishments who, immediately before the commencement of this order, were exercising lawful functions in the said Establishments or any part thereof, shall, until other provision is made by the Chief Commissioner continue to exercise their respective powers and jurisdiction and perform their respective duties and functions in the same manner and to the same extent as they were doing before the commencement of this Order. 5. All laws in force in the French Establishments or any part thereof immediately before the commencement of this order and not repealed by paragraph 6 of the French Establishments (Application of laws) Order, 1954, shall continue to be in force until repealed or amended by a competent authority. Provided that all functions exercisable under the said laws by the Commissioner of the Republic for the French Establishments in India shall be exercisable by the Chief Commissioner. 6. All taxes, duties, cesses or fees which, immediately before the commencement of this Order, were being lawfully levied in the French Establishments or any part thereof shall, in so far such levy has not been discontinued by any of the laws extended to the French Establishments by the French Establishments (Application of Laws) Order 1954, continue to be levied and applied for the same purposes until other provisions are made by a competent Legislature or authority. (Government of India, Ministry of External Affairs, Notification No. S.R.O. 3314, dated the 30th October, 1954). V. Notification under Section 79 of the Indian Evidence ActThe following persons in Jammu and Kashmir State are authorised to certify documents for the purposes of Section 79 of the Indian Evidence Act: 1. Registrar, High Court, Jammu and Kashmir, 2. District and Sessions Judge, Srinagar. 3. District and Sessions Judge, Jammu. 4. Wazir Wazarat, Gilgit. 5. Wazir Wazarat, Ladakh. (Government of India, Notification No. 417-1, dated the 6th August, 1932).

CHAPTER 16
Ch. 16

Records
Part A]

Part PREPARATION OF JUDICIAL RECORDS IGeneral Directions

1. Quality of paper to be used for applications, etc.All applications and petitions presented to Civil and Criminal Courts shall be written on water-marked plain paper (formerly styled as watermarked petition paper). This paper is sold at all treasuries. All petition-writers should be required to use it. The use of petition paper is not necessary for powers of attorney filed by counsel, Fard Talbanas, and lists of documents, the Courts should, however, insist on foolscap paper of good quality being used for such documents. 2. Paper to be used for English recordThe official foolscape half-sheet, which is very nearly the same size as the petition paper alluded to in to last paragraph, should be used for all English portions of the record. 3. Paper to be used for formsAll Judicial forms which are in the English language are supplied on paper of the size of half a sheet of foolscape. Forms which are in the Vernacular should be printed on paper of the size of the standard petition paper, or of a quarter sheet of standard Jail paper as may be most convenient. 4. Paper to be used for vernacular records of CourtThe Vernacular portion of the record should be written on B quality paper as supplied by the Jail Department, folded to quarter sheet, which will be as nearly as possible of the same size as a half of ordinary foolscape, and as the standard pattern petition paper. There is no objection to paper of lighter texture being used for forms of processes which may have to be transmitted by post, but the size should always be that prescribed above. Decretal order forms and other forms used for purposes of records should always be printed on stout durable paper. B standard quality paper supplied by the Jail Department should be used exclusively for all Vernacular Records, Proceedings and Registers. 5. Paper to be used for vernacular autograph records of CourtsCountry-milled Badami paper may be used for the autograph records of Judges and Magistrates who do not write records in English. This paper is obtainable on indent from the Collector, Printing and Stationery, Punjab, in accordance with the rules in the Punjab Printing and Stationery Manual.

6. General instructions for preparation of recordsAttention should be paid to the following matters: (a) Writing on top and sidesThe practice of writing orders and other matters across the top and along the sides of a page is forbidden; (b) Margin to be left on either sidesIn all Vernacular proceedings a sufficient margin should be left on each side of the paper, so that writing may not be obliterated by fraying at the edges; (c) How records should be tied and kept between stiff coversRecords in use in Courts should be placed between stiff wooden or cardboard protectors of the standard size so that the strain of the cloth or other covering, or of the string or tape, does not fall on the papers within. It is not intended that the record of each case should be placed between stiff covers; all that is necessary is to tie each record with broad tape or newar instead of string. But each bundle of records should, until consigned to the Record-room, be kept between stiff covers to prevent fraying, folding, etc; (d) English papersAll English papers should be placed full size, unfolded and, tagged together within a cover of strong country paper; (e) ExhibitsExhibits should be folded to as nearly as possible the same size and placed in envelopes of the size of the record; (f) Abstracts of the case evidence and judgmentThe abstract of the case, depositions of witnesses and judgments must in every instance be written on paper of good quality of uniform foolscap size. On no account should judgments ever be written on scrap of paper, or on the back of the Vernacular petition or order. (g) Numbering of pagesEvery page (not sheet) should be consecutively numbered; (h) HandwritingIt should be remembered that one of the essentials of a good record is that it can be read without difficulty by others. Cases sometimes come before the High Court in which the record is so illegible as to cause serious inconvenience.

IIIndex of Papers, Consigning and Checking of Record

1. IndexEach civil and criminal record should have prefixed to it an index of its contents, and such index should be in the prescribed form. 2. Directions as to preparation of indexEach paper admitted should be entered in the index on the day on which it is so admitted by the official in charge. The autograph record of the presiding officer should be entered, as a single paper, as soon as the case is concluded. The entries in column 4 must be in sufficient detail to allow of the papers described being readily identified, e.g., the entry regarding a power of attorney should specify by whom the power is granted and whom it empowers; the entry regarding a deposition sheet should note the name of the deponent etc. 3. Index number on record. Withdrawal of documents to be noted on indexEach paper on being entered in the index should be marked with its index number. Where a paper consists of more than one sheet, each sheet should be thus marked. Whenever documents used in evidence are withdrawn, whether before or after judgment, a note of such withdrawal should be made in the column or remarks, and it should be stated whether a copy has been substituted or not.

4. Separate index for each part. Note about destruction and certificatesAt the conclusion of the case, the official who has had charge of the record should separate the papers and arrange them into two or three parts (Part A, and Part B, or Part A Part A(i) and Part B, as the case may be) according to Rules 3 and 4 of Part F of this chapter. For each Part there shall be a separate index. The index on Part A will show all the papers which were originally on the record, while those on Part A(i) and Part B will only show those papers which are transferred to those parts. When any paper is transferred to Part A(i) or Part B, an entry should be made in the Remarks column of the index of Part A showing the Part to which the paper has been transferred. The said official should also enter in red ink the words Not to be destroyed in the remarks column of the index of Part A of the record against any paper which is to be preserved under Rule 17 of Part F of this chapter. The certificate at the foot of the index should be signed and the record should then be made over to the record department. 5. Consigning records to record roomRecord of cases decided by all criminal and Civil Court excepting those Courts which have separate record-room of their own {e.g., the Courts of District and Session Judges and Courts of Small Causes at Amritsar) are consigned to the District Record Room under the control of the Deputy Commissioner. Notes 1. Records of Small Cause CourtThe records of a suit decided by a Sub-Judge in exercise of the powers of a Judge or Registrar which have been specially conferred, or of a Judge or Registrar of a Court of Small Causes in exercise of the powers of a Sub-Judge, are consigned to the record of the Deputy Commissioner. 2. Insolvency and Guardianship recordRecords of cases under the Guardians and Wards Act and the Provincial Insolvency Act decided by a Sub-Judge specially empowered in this behalf, are consigned to the record room of the Deputy Commissioner. 3. Records of a civil appeal or revision decided by a Sub-Judge specially empoweredRecords of Civil Appeals and Civil Revisions decided by a Sub-Judge specially empowered, are consigned to the record room of the District Judge except in the districts which are not the headquarters of a District Judge where they are consigned to the record room of the Deputy Commissioner. 5-A. Civil and Criminal Courts while sending records for consignment to the District Record Room under the control of the Deputy Commissioner, shall comply with the following instruction: (i) In the case of Courts at headquarters of districts, a challan in duplicate in form given hereinafter, along with the Court registers, duly completed, will accompany the records. The Court registers will be immediately returned after being signed by the Record Room Clerk receiving the records. One copy of the challan will be returned later, after entry of Goshwara number with date against each record and signature in full of the Record Room Clerk. The other copy of the challan will be retained by Record Room staff. (ii) In the case of outlying Courts, the challan will be prepared in triplicate and sent to the District Record Room along with the records sought to be consigned. The Record Room Clerk will acknowledge receipt of the records by signing and immediately returning one copy of the challan without waiting to enter the Goshwara number and date to the Court concerned. The second copy will be returned later after entry of the Goshwara number with date against each record and signature in full of the Record Room Clerk. The third copy will be retained by the Record Room staff. (iii) The Goshwara numbers given by the Record Office in the challan will be entered in the Court registers by the Ahlmad. Presiding Officers of Court should, on the forst working day in the months of

February, May, August and November check the Goshwara numbers given in the Court registers by Ahlmads with those entered in the challan in order to see that entries are correctly made in the Court registers, and sign the Court registers in token of their check; (iv) Copies of challans retained by the Record Room staff will be kept for 3 years and destroyed thereafter. 6. Checking of records by the record-keeperOn receipt of the case in the record room, the Record-keeper will examine the index and check the entries in columns 1, 2 and 6 with the papers and stamps in the record. He will then, if the record is complete, sign the certificate to that effect at the foot of the index, and enter the case in its appropriate Register; if any papers or Court-fee stamps are missing he will at once bring the deficiency to notice. 7. Checking of record on its passing from one official to anotherIn every office there should be a responsible Despatcher and Receiver of Judicial records, whose duty should be to check the papers in each record which passes through his hands, and either certify, in the manner provided in Part B that the index is correct and the record complete, if this is the case, or immediately bring to notice any deficiency in papers or Court-fee stamps. This course will be followed by every succeeding official into whose hands the record passes for any purpose unless such official has been specially exempted by the head of the office from complying

(Form of Challan) Court of . . . . . . . . . . in . . . . . . . . . . District CHALLAN OF FILES CONSIGNED TO DISTRICT RECORD-ROOM

Date of Despatc h of records to District Record Room Signatur e in full of Record Room Clerk receivin g the file with date

Serial Numbe r

Case Numbe r

Name s of partie s

Natur e of case

Date of decisio n

Name of village Basta in which record consigne d

Goshwar a number with date

with this rule. Heads of offices should only permit exemptions in cases in which the purpose for which the record is required is of so temporary or special a nature as to render compliance with the rule

unnecessary. The last certifying official will ordinarily be held responsible in the event of any deficiency in papers or Court-fee stamps being subsequently discovered.

IIIExecution Records
1. Statements of case in which decrees have been satisfied or have become incapable of execution to be sent to record-keeperTo enable proper destruction of records in accordance with subrule (1) of rule 12 of Chapter 16-F, Rules and Orders, Volume IV, all Civil Courts will, in January, April, July, and October each year, send to the record-keeper a list of their execution cases in respect of records which are six years old or are about to become 6 years old in which the decrees have been fully executed or have become incapable of further execution. For the preparation of these lists, reference should be made to Civil Register No. I (civil suits) and to Civil Register No. X (execution of decrees) as prescribed in Part A-IV of Rules and Orders, Volume VI, Part A. Columns 16 to 18 and 20 Register No. I show what happens in execution while column 22 of Register No. 10 contains the date on which an execution case struck off the file and the purport of the final order. It is the duty of each presiding officer to see that the registers of his Court are properly maintained, and that the quarterly statement prescribed herein is correctly prepared and despatched to the record-keeper promptly.
Part B]

Part TRANSMISSION OF JUDICIAL RECORDS

1. Duplicate ChallansWhen records are transmitted from one office to another, a list of the records transmitted should be prepared in duplicate in the Vernacular in the prescribed form and be sent with them. This list will be in addition to the regular index of papers attached to each record. The signature of the Despatcher in column 9 will, in the absence of a report to the contrary, operate as a certificate that the record is complete according to the index. 2. Checking of recordOn receipt of the record the proper official of the receiving office should check the list referred to in the preceding rule. If the list is correct, he should note the date of receipt of the record in the appropriate column of both copies and sign the entry; if the list is incorrect, he should make a note to that effect thereon, and forthwith report the fact to the head of the office for orders. One copy of the list will returned to the despatching office immediately after examination, with the intimation that the papers received are correct, or, if this is not the case, with a note of objection. A similar note of receipts, etc., should be made (column 11) by each succeeding official into whose hands the records pass, unless he has been exempted under Rule 7, Part A. When the records are no longer required, the second copy of the list will be returned with the records to the office from which they were received. Here the list will again be checked; and, if found to be correct, will be returned, attested as such, to the office to which the records went to be kept with the record of the proceedings in connection with which the records were required. 3. Docket to accompany recordsAll records transmitted from one office to another should, except in the case of records transmitted to or from a Tahsil be sent under cover of an English docket in which an indication must be given of the No. and date of the requisition and the class and No. of the case in the Court for which the records are being transmitted. 4. Transmission of record to appellate Courts in partsIn transmitting the record of an original Court to an appellate Court where there are duplicate records in English and Urdu, one part should be sent to the appellate Court at one time and the other part separately thereafter.

5. Precepts of High CourtAs regards compliance with the precepts of the High Court, see Chapter 20, Volume IV. 6. Quarterly list of record sent from record room but not returnedOn the 2nd day of the first month of each quarter, the register of files taken out of the Record Room (Form No. B on page 33 of Part A-IV, Rules and Orders, Volume VI, Part A) should be checked by the Record Keeper and a list of the files not returned to the Record Room should be prepared and forwarded to each Court for verification in the form annexed, which is a revenue standard form No. 71.

List of Files Issued To the Court of........ .Dated. .....

Number of RecordName file in issue room No. parties register of file of Description Date Date on which Verification of case fixed for the file left the of Ahlmad hearing record- room of Court

Part C]

Part INSPECTION OF JUDICIAL RECORDS

Rules made by the High Court under Article 227 of the Constitution of India, regulating the procedure in Courts subordinate to the High Court, in cases where any person is entitled to inspect a record of any such Court, and prescribing the fee payable by such persons for inspection.

Rules
1. Inspection of decided casesRecords of decided cases shall be open to the inspection of the public, subject to the general control of the head of the office. The District Judge for the records of his own Court, the Deputy Commissioner for the records of all District Courts, and the Judge of a Court of Small Causes for the records of such Court, shall be deemed to be the head of the office. 2. Inspection of pending casesRecords of pending cases shall be open to the inspection of the parties or their pleaders or agents alone, subject to the general control of the Judge of the Court in which the case is pending. Inspection by petition-writers is absolutely forbidden; and Legal Practitioners Clerks may only inspect records when the Legal Practitioner concerned is present. Inspection shall not be allowed on the day fixed for the hearing of the case without the special permission of the presiding Judge, and then only if the urgent fee is paid (vide Rule 5 below), except in challan cases which may be inspected at ordinary fees even on the date of hearing. 3. Time and place for inspection. Inspection by Government Law OfficersThe inspection of records shall be made at such time, in such place, and in the presence of such official as the head of the

office, in the case of records of decided cases, and the presiding Judge, in the case of records of pending cases, may direct; if the record is not inspected on the date fixed by the proper officer it shall be restored and a fresh application must be submitted before the record can again be taken out for inspection: Provided that records of cases, to which Government is a party, may be inspected by the AdvocateGeneral or the Assistant Legal Remembrancer of the Punjab at the office of the Deputy Registrar of the High Court. The Deputy Registrar will, on the application of the Advocate-General, call for the records of any case required from the District in which such, case is pending, or is on record, and will cause the records to be returned in due course after inspection. 4. Application for inspection of records shall be made in writing and shall distinctly specify the record which it is desired to inspect, and shall bear, if inspection is required of the records of a decided civil case, one rupee Court-fee stamp and, if inspection is required of the records of a decided case other than a civil case, two rupees Court-fee stamp, being the amount of the fee charged for search. Punjab Government Revenue Department Memo. No. 4426-E-53/1834, dated the 4th April, 1953. 4-A. Day-to-day inspection.When any person inspecting the record of a case desired to continue inspection of the same record on the following day, he may give notice of his intention to the official in whose presence inspection is made; and in such case no fresh application need be made in writing; provided that the inspection is continued from day-to-day. This will nor affect the fees payable under Rule 5. 5. Inspection fees. Amount and mode of paymentThe inspection fee for each hour or part of an hour is one rupee and fifty nP. for ordinary, and three rupees for urgent inspection, i.e., on the date of hearing but urgent fee is not to be recovered when inspection is carried out after the heating is over even though it be done on the date of hearing. Inspection of challan cases should however be allowed at ordinary fees even before the case is heard on the date to hearing. The fee shall be paid by means of an additional Court-fee stamp or stamps affixed to the original application before the record is handed-over to the applicant. If more time than is covered by the above fee is occupied in the inspection, the balance shall be paid at the close of the inspection by affixing an additional stamp or stamps to the application. Note 1No fees when a record is sent for under Order 13, Rule 10, C.P.C.These rules do not authorise a Court to charge a fee when a record is sent for and inspected by a Court of first instance on the application of a party, under the provisions of Order XIII, Rule 10, of the Code of Civil Procedure, 1908. But every application made under Order XIII, Rule 10, must (unless the Court otherwise directs) be supported by an affidavit of the applicant or his pleader, showing that the production of the record is necessary. Note 2No fee should be charged for the inspection of records in civil and criminal cases by the Advocate-General or public prosecutor as such or by any counsel appearing for Government in such cases or by counsel appearing for accused who is a pauper or is defended by counsel provided at Government expense. Note 3In pending civil cases, where a serving Indian soldier is either a party to the proceedings or is materially concerned in the outcome of the proceedings, no fee shall be charged under these rules when a record is inspected on behalf of such a soldier by counsel engaged by District Soldiers Boards which have been approved by the High Court.

Note 4No fee shall be charged for inspection of insolvency proceedings made by the Receiver, as provided in Rule 6 of Chapter 4-C, High Court Rules and Orders, Volume II. 6. Inspection of separate recordsA separate application shall be made and a separate fee paid for each record which it is desired to inspect, unless the records are so closely connected that, in the opinion of the head of the office or presiding Judge, they will be regarded as one, in which case one application and one fee will suffice. 7. No mark shall be made on any record or paper inspected, and no servant of any member of the Bar shall be allowed on any account to take notes for his master except in the presence and under the supervision of his master. The copying of any document or portion of the record in pen and ink is strictly prohibited; but pencil copies of a document or portion of the record may be made by counsel or under his supervision and his presence, by his clerk or servant. Any person infringing or attempting to infringe the rule, shall be liable to be deprived of the right to inspect records for such period as the head of the office or Presiding Officer of the Court concerned may think fit. 8. Fees in Court-fee stampsFees under these rules are realized in Court-fee stamps. All Courts should keep an account of receipts from inspection fee so realized. 9. Free inspection of Court registersIn order to trace particulars of a suit or document, Counsel may, with the previous permission in writing of the Presiding Officer of the Court concerned and in the presence of a Court official, inspect the civil or criminal registers of the Court on behalf of parties, free of charge. NoteFor inspection of Records by the Police, see Chapter 11-F of Volume III.
Part D]

Part D CUSTODY OF JUDICIAL RECORDS

1. The following orders as to the assumption and relinquishment of charge of judicial records shall apply to holders of the undermentioned posts: (a) Courts of District and Sessions Judges, Additional District and Sessions Judges. Courts of Senior Subordinate Judges, Administrative Subordinate Judges and other Subordinate Judges. 1. 2. 1. 2. 3. 4. Ahlmads. Record Keepers. Ahlmads. Execution Moharrirs. Guardian Moharrirs. Readers to Administrative Subordinate Judges. Ahlmads.

(b)

(c)

Small Cause Courts.

1.

2.

Naib-Sheriffs-in-charge execution work. Insolvency Clerks.

of

3.

2. When any of the officials named in Rule 1, having custody of pending judicial records is transferred to another office permanently, or proceeds on leave for a period of two months or more, he shall make over full and complete charge of the records in his custody to the official relieving him. 3. The relieving official shall, in the presence of the official to be relieved, check all the records leaf by leaf with the indices attached thereto, see that no document is missing, and then sign a certificate to the effect that he has carefully checked all the records made over to him, and has received the documents mentioned in the indices attached to them. If any part of any record or any document is found to be missing the matter shall immediately be brought to the notice of the Presiding Officer of the Court. 4. If any document or part of the record is subsequently found to be missing, the Presiding Officer of the Court shall immediately take action for its recovery or reconstruction. He shall also fix responsibility on the custodian if the document was on the index, or on the official whom the custodian relieved, if it was not on the index. 5. When an official having charge of such records is granted leave for a period of less than two months or is temporarily transferred to another post, those records only which are required for cases which are likely to come up for hearing in the ordinary course during his absence shall be taken over by the relieving official and the procedure laid down in paragraphs 2 and 3 adopted. The remaining records shall be locked up the key of the lock being kept by the Presiding Officer of the Court. If any further records are needed during the absence of the permanent custodian, they shall be taken out and properly checked under the supervision of the Presiding Officer before being taken over by the temporary custodian. 6. So far as the record room is concerned, only the files not yet acknowledged by the Record Keeper need be checked. 7. For the purpose of paragraphs 2 to 6, both the relieved and relieving official will be regarded as on duty in the same post while charge is being transferred. In cases covered by paragraph 2, the transfer of charge shall not ordinarily take more than four days, but this period may be extended to 7 days under the written sanction of the Presiding Officer of the Court, and to 10 days under the written sanction of the District and Sessions Judge. In cases under paragraph 5, not more than half a day should be allowed for the transfer of charge. 8. Frequent transfers of officials holding charge of records should be avoided. 9. These instructions do not apply to the transfer of charge of administrative files.
Part E]

Part PRODUCTION OF REVENUE RECORDS

1. Requisition to be made to Deputy CommissionerRequisitions by the High Court or by Courts subordinate thereto for original Revenue records will be addressed to the Deputy Commissioner,

who will take measures to transmit such records to the Court calling for them. Such Court will be responsible for the safe custody of the records, and if in any case a record is found to have been damaged in the Court concerned, the Deputy Commissioner will report the fact to such Court and to the Financial Commissioner within twenty-four hours of its being returned. 2. Production of records by a revenue officialOriginal Revenue records will be produced in Courts of first instance by the Special Kanungo, or Patwari Moharrir in accordance with the instructions mentioned in paragraph 5 below. 3. Measures to obviate production of revenue recordIn every case it is the duty of the Court to insist (a) On the plaintiff filing with the plaint the statement required by paragraph 9 (ii) of Chapter 1-C, Rules and Orders, Vol. I; (b) On both parties filing certified copies or extracts of all relevant entries on which they rely. 4. Appellate Courts to avoid calling for original revenue recordAppellate Courts should refrain from calling for original records unless it is absolutely necessary for a determination of the case, and if the necessity arises from the neglect of a Court of first instance to comply with the instructions here issued, such Courts should be severely dealt with by the Appellate Court in the exercise of the functions of administrative control vested in it. 5. Excerpts from revenue recordsFor the convenience of the public, excerpts from the Revenue records are prepared by the Special Kanungo. For detailed instructions regarding the manner in which the services of the Special Kanungo are to be utilised, see Chapter 8, Volume I, of the Rules and Orders. Rules made by the High Court of Punjab under Section 3 of the Destruction of Records Act, 1917, with the previous sanction of the State Government for the disposal, by destruction or otherwise, of such documents in the possession or custody of the Courts of Civil and Criminal jurisdiction subordinate to the High Court as are, in the opinion of the High Court, not of sufficient public value to justify their preservation.

Rules AGeneral
1. Timely destruction of recordsAll judicial records and registers which, under these rules, become liable to destruction, shall be destroyed as soon as the period for their retention has expired : Provided that the District Judge in the case of Civil Judicial records, the Sessions Judge in the case of records of the Court of Sessions and the District Magistrate in the case of Magisterial records may order, for reasons to be specified, that any particular paper or the record of any particular case be preserved beyond such period. 2. Manner of destruction and disposal of waste paperThe destruction of such records and registers shall be carried out under the supervision of the Record Keeper and shall be effected by tearing, care being taken that all Court-fee stamps have been duly cancelled. The paper shall then be sent to the nearest paper-making Jail [list given in note (ii) below] after ascertaining from the Jail concerned whether

it does require the waste paper. The paper should be sold in the open market if the reply of the Jail is in the negative; the sale-proceeds being credited to the head XXIAdministration of Justice Miscellaneous Fees and FinesJudicial Record Room Receipts. Note (i)In the case of Small Cause Courts the work of destruction shall be carried out under the supervision of the Register. Note (ii)The following are the paper-making Jails: (1) Ambala District Jail. (2) Hissar District Jail. (3) Gurdaspur District Jail. 2-A. Documents of a secret or confidential nature should not be sold but destroyed by being burnt under proper supervision.

BRecords
3. Arrangement of certain civil records in three partsThe following Civil Records shall be arranged in three Parts, A, A(i) and B, namely, those of (1) Suits involving the title to immovable property as defined in Section 3, Clause 25, of the General Clauses Act, 1897, other than suits for arrears of rent, or for a share in the produce, when the right is not disputed and only the amount contested; (2) Suits relating to succession to an office, or to establish or set aside an adoption, or otherwise determine the status of an individual, and all suits relating to trusts or religious endowments; (3) Proceedings under the Indian Succession Act, 1925 and under the repealed Acts entered in Schedule 9 of that Act; (4) Proceedings under the Indian Divorce Act, 1869. Part A shall contain the following papers : (1) The index of papers. (2) The order sheet or chronological abstract of order. (3) The plaint together with any schedule annexed thereto. NoteIn miscellaneous cases the petition or written application of the party setting the Court in motion will take the place of the plaint. (4) The written statements and pleadings of the parties. (5) The memorandum of issues with amended or additional issues, if any.

(6) All depositions of witnesses. (7) All documents received by the Court during the trial, as evidence between the parties other than copies of Civil, Revenue or Municipal records. (8) Commissions, proceedings held thereunder, and reports of Commissioners. (9) Applications to refer to arbitration, the award of other final return of the arbitrators, with the proceedings, depositions and documents submitted therewith, and any application to set aside the award with the Courts orders thereon. (10) Instruments of withdrawal, compromise or confession of judgment. (11) The Judgment or other final order. (12) The decree and all documents relating to the preparation or amendment thereof. (13) All notes in the handwriting of the Judge. (14) Any order by the Court accepting an application for review of judgment or for a new trial. (15) Judgment and decrees of appellate Courts, if any. (16) All orders passed in execution proceedings with applications, objections, writs of which service has been effected, notices, reports and returns relating thereto. (17) All receipts and acknowledgements filed in execution proceedings. (18) Processes by which service is effected on the defendants in civil suits decided ex parte. (19) Powers of attorney of Counsel or agents of parties. Part A(i) shall contain the following papers : (1) Copies of Civil, Revenue and municipal record received by the Court during the trial as evidence between the parties. (2) Applications of parties who are strangers to the suit with the Courts orders thereon. (3) Reports furnished by the Record Department. (4) Orders of arrest or attachment before judgment with all documents relating thereto. (5) Applications for review of judgment or for a new trial, with the Courts orders thereon, other than orders accepting such applications. Part B shall consist of all papers not included in Parts A and A(i).

4. Records to be divided into two partsA and BAll other Civil records and all Criminal records shall be arranged in two parts A and B. 5. Papers included in partsA and B of Civil recordIn the case of such other Civil Records Part A shall contain the following paper: (a) In original cases, other than those to which Rule 3 applies, heard by any Court other than Court of Small Causes. Those papers specified in Rule 3 as contained in Parts A and A(i). (b) In cases heard by a Court of Small Causes (1) The index of papers. (2) The order sheet or chronological abstract of orders. (3) The plaint with the papers annexed thereto. (4) Any cross-claim set up by the defendant by way of set-off. (5) All documents received by the Court during the trial as evidence between the parties. (6) Any award of arbitrators, or deed of withdrawal, compromise or confession of judgment. (7) The judgment or other final order. (8) The decree. (9) All notes in the handwriting of the Judge. (10) Any application for review of judgment, or for a new trial, with the Courts orders thereon. (11) Any order passed by the High Court as a Court of reference or revision. (12) All orders passed in execution proceedings with all applications, writs of which service has been affected, notices, reports and returns relating thereto. (13) All receipts and acknowledgements filed in execution proceedings. (14) Written statements of parties. (15) Processes by which service is effected on the defendants in suits decided ex parte. (16) Powers of attorney of Counsel or agents of parties. (c) In appeal cases

(1) The index of papers. (2) The order sheet or chronological abstract of orders. (3) The petition of appeal. (4) Copies of judgments and decrees of Lower Courts. (5) Any cross-objection filed by the respondent under Order XLI, Rule 22, of the Code of Civil Procedure. (6) Issues referred for trial by the Appellate Court, with the evidence and findings thereon. (7) Commissioners proceedings held thereunder, and reports of Commissioners. (8) Any additional evidence, oral or documentary admitted by the Appellate Court under Order XLI, Rule 27, of the Code of Civil Procedure. (9) Application to the Appellate Court to refer to arbitration, reference, the award or other final return of the arbitration with the proceedings, depositions and documents submitted therewith and any applications to set aside the award, with the Courts orders thereon. (10) Deeds of withdrawl, compromise or confession or judgment. (11) The judgment or other final order. (12) The decree of the Appellate Court. (13) All notes in the handwriting of the Judge. (14) Applications for review of judgment, with the Courts orders thereon. (15) Any judgment and decree of a superior Court of appeal. (16) Powers of attorney of Counsel or agents of parties. Part B shall consist of all papers not included in Part A. 6. Papers included in parts A and B of Criminal recordIn the case of criminal records Part A shall contain the papers noted below: (a) In original cases tried by a Court of Session (1) The index of papers. (2) The order sheet or chronological abstract of order. (3) The charge, original and as amended by the Sessions Judge.

(4) All depositions of witnesses and statements of accused persons, including depositions and statements transferred from the file of the Committing Magistrate. (5) All documentary evidence. (6) The final order. (7) The verdict of the jury. (8) All notes in the handwriting of the Judge. (9) The judgment or order of the High Court as a Court of appeal, reference or revision. (10) Warrants returned after execution of sentence. (11) All proceedings relating to the realization of fines. (b) In Magisterial inquiries and trials (1) The index of papers. (2) The order sheet or chronological abstract of orders. (3) The final Police report (Challan), or petition of complaint. (4) All depositions of witnesses and statements of accused persons. (5) All documentary evidence. (6) The charge, where a formal charge is drawn up. (7) The final order of the Court. (8) All notes in the handwriting of the Magistrate. (9) The judgment of the Appellate Court, if any. (10) The judgment of the High Court in revision, if any. (11) Warrants returned after execution of sentence. (12) All proceedings relating to the realization of fines. (13) Bonds for good behaviour taken under Section 110 of the Code of Criminal Procedure. (c) In appeal cases (1) The index of papers.

(2) The order sheet or chronological abstract of orders. (3) The petition of appeal. (4) Copy of the judgment of the Lower Court. (5) Any additional evidence taken under Section 428 of the Code of Criminal Procedure. (6) The final order of the Court. (7) All notes in the handwriting of the Judge. Part B shall consist of all papers not included in Part A. 7. Records to be preserved in perpetuityThe following records shall be preserved in perpetuity : (1) Part A of all suits and appeals involving title to immovable property as defined in Section 3, Clause 25, of the General Clauses Act, 1897. NoteIn suits for arrears of rent or for a share in the produce, when the right is not disputed and only the amount is contested clause I of Rule 12 will apply. (2) Part A of all suits and appeals relating to the succession to an office or to establish or set aside an adoption or otherwise determine the status of an individual and of all suits and appeals relating to trusts or religious endowments. (3) Records of attachment, sale and delivery of immovable property in execution of decrees, including all objections, proceedings and orders thereon. (4) Part A of proceedings under the Indian Succession Act of 1925, and the repealed Acts entered in Schedule 9 of that Act. (5) Part A of proceedings under the Indian Divorce Act, 1869. (6) Records relating to the disposal of immovable property forfeited to Government under Section 62 of Indian Penal Code. (7) Insolvency proceeding under the Provincial Insolvency Act, 1920, where the Court has decided a question of title to immovable property under Section 4 of the Act (8) Correspondence with other offices on matters connected with the administration of justice, including annual reports and the statements appended thereto: provided that heads of offices may, with the previous sanction of the District Judge, order the destruction after three years, of any correspondence of a merely formal or ephemeral character, after personally satisfying themselves, in regard to each paper ordered to be destroyed, that its retention is no longer necessary. Also, annual confidential reports on the work of Magistrates and subordinate Judges, stipendiary and honorary, may be destroyed five years after the end of the year to which they relate.

(9) Part A of proceedings under the Indian Lunacy Act (IV of 1912). (10) Part A proceedings under the Companies Act, 1956 (No. I of 1956) or under the Banking Companies Act (X of 1949). NoteA list of all papers which it is proposed to destroy under this clause must be prepared and, in the case of a subordinate office, be submitted to the District Court for sanction. This list will be preserved in perpetuity. 8. Records to be preserved for 60 yearsThe following records shall be preserved for sixty years and shall then be destroyed: (1) Part A of proceedings under Sections 1 and 8 of Regulation XVII of 1806. 9. Records to be preserved for 50 yearsThe following records shall be preserved for fifty years and shall then be destroyed : (1) Part A of proceedings under the Guardians and Wards Act, 1890, and under Act XL of 1858 and IX of 1861, other than those in which the petitions have been rejected. (2) Records of Insolvency proceedings under all Acts other than those falling within Rule 7(7) which have not been destroyed previously under Rules 11 and 13. The period of fifty years shall be taken to run from date of the order of adjudication. (3) Part A of the cases relating to any of the offences specified in Section 44 (see Section 39 of the new Code) of the Code of Criminal Procedure, as offences of which all persons are bound to give information, in which any of the suspected persons have escaped apprehension : provided that, whenever it is known that the offender or offenders on whose account such records are kept, are dead, the records may be destroyed. (4) Part A of criminal cases in which the offence is punishable with death, and it is not known who the offender is. NoteThe records specified in clauses 3 and 4 when the time comes, when under ordinary circumstances they would be liable to destruction, shall be removed to a separate bundle of cases of absconding and unknown offenders. (5) Part A of criminal cases in which a lunatic is concerned, unless the lunatic shall have been subsequently tried or have died. 10. Records to be preserved for 20 yearsThe following records shall be preserved for twenty years and shall then be destroyed : (1) Part A(i) the Civil records specified in Rule 3 above. (2) The charge, finding and sentence in cases in which conviction has been had of an offence for which enhanced punishment is provided on a second or subsequent conviction.

(3) Part A of cases in which any public servant has been tried, whatever may have been the result of the case. (4) Part A of all Civil suits and appeals, other than suits and appeals falling under Rule 7, where one of the parties is a minor suing or sued through a guardian under Order XXXII of the Code of Civil Procedure. (5) Part A of Criminal cases relating to any offences other than those specified in Section 44 (See Section 39 of the New Code) of the Code of Criminal Procedure in which any suspected persons have escaped apprehension provided that, whenever it is known that the suspected offender or offenders on whose account such records are kept, are dead, the records may be destroyed. 11. Records to be preserved for 12 yearsThe following records shall be preserved for twelve years and shall then be destroyed unless their preservation for a longer period is necessary on the special grounds noted below : (1) Part A of Sessions cases : provided that, if the sentence has not been fully executed, the record shall be preserved until the return of the warrants, and then destroyed. (2) Part A of cases under Chapter XXXVI of the Code of Criminal Procedure in which maintenance is awarded. (3) Insolvency proceedings under the Provincial Insolvency Acts where immovable property is involved. The period shall be taken to run from the date of the order of the Court declaring the insolvent discharged from further liability in respect of the scheduled debts. (4) Part A of proceedings under the Guardians and Wards Act, 1809, and under Act XL of 1858 and IX of 1861 in which the petitions have been rejected. 12. Records to be preserved for 6 yearsThe following records shall be preserved for six years and shall then be destroyed unless their preservation for a longer period is necessary on any of the special grounds noted below : (1) Part A of all Civil suits and appeals other than suits and appeals falling under Rule 7 : provided that, if the decree has not been fully executed or become incapable of further execution. Part A must be preserved until such time as the decree has been fully executed or become incapable of further execution. Note 1A note of all cases destroyed in District offices under this clause shall be made at the time of destruction in the list of cases put up with the village bundle. Note 2In January, April, July and October, each the record-keeper will receive from Civil Courts,vide paragraph 1 of Chapter 16-A, Part III, Rules and Orders, Volume IV, lists of execution cases in respect of records which are six years old or about to become six years old in which decr ees have been fully executed or have become incapable of further execution. On the receipt of these lists, the record-keeper should make a note to this effect on each file and he should not destroy any file unless it contains this note without ascertaining whether the decree has been fully executed or has become incapable of further execution.

Note 3Only such portion of the record, if any, as relates to the attachment, sale and delivery of immovable property in execution of decrees, including all objections, proceedings, and orders thereon should be taken out and preserved permanently as required by Rule 7 when the record is destroyed under Rule 12. (2) Part A of cases tried by the Magistrate of the District under Section 30 of the Code of Criminal Procedure, in which he has inflicted a heavier punishment than might have been inflicted by a Magistrate of the first class: provided that, if the sentence has not been fully executed, the record shall be preserved until the return of the warrant and then destroyed. (3) Records relating to the realization of fines of Criminal Courts. 13. Records to be preserved for 3 yearsThe following records shall be preserved for three years and shall then be destroyed : (1) Insolvency proceedings under the Provincial Insolvency Acts where no immovable property is involved. The period shall be taken to run from the date of the order of the Court declaring the insolvent discharged from further liability in respect of the scheduled debts. (2) Records of criminal cases inquired into or tried by Magistrates and not otherwise provided for in these rules. (3) Part A of appeals from orders passed by the Magistrates. (4) All correspondence between the District Magistrate or District Judge and Subordinate Courts, and other records, periodical statements, reports, proceedings, applications, etc., not expressly provided for in these rules; provided that, in respect of records falling under this clause, heads of offices must exercise their discretion in preserving reports, returns and proceedings likely to be useful in the future, as containing the result of inquiries or other information, or the opinions of experienced officers on matter connected with the general administration of justice. 14. Records to be preserved for 1 yearThe following records shall be preserved for one year and shall then be destroyed : (1) Part B of civil and criminal cases and appeal provided that papers relating to deposits and payments thereof shall be separated and preserved until such time as the accounts of the deposits and repayments concerned have been audited and any objections raised in connection therewith have been finally settled and that Part B of civil cases, and civil appeals in which a first or a second appeal lies to the High Court, shall not be destroyed until the period of limitation for instituting such an appeal has expired or until the appeal, if instituted, is decided by the High Court. (2) Proceedings of other Courts and officers forwarding notices, proclamations, calling for records, etc. 15. Mode of reckoning periodThe period prescribed above shall except in the case noted below, be taken to run from the date of the final order of the Court of first instance, or, in the event of an appeal, from that of decision of the appeal.

In cases under Chapter XXXVI of the Code of Criminal Procedure, in which maintenance is awarded the period shall be taken to run from the date of the last order passed for the enforcement of the award. 16. Notes of destruction(i) When under the above rules the whole of the papers of Part A of the record are destroyed, a note to the effect shall be made at the time of destruction, against the entry of the case in the Goshwara. In the case of the record offices of District and Sessions Courts where no Goshwaras are kept, the note shall be made against the entry of the case in the General Register. (ii) When some only of the papers of Part A of the record are destroyed and some are retained, a note of the papers destroyed shall be made, at the time of destruction, on the fly index of the case. (iii) All notes made under the above instructions (i) and (ii) shall be attested by the Record-keeper. (iv) No note whatever need be made of the destruction of Part B of a record. Such destruction will be presumed to have been effected in accordance with Rule 14 above. 17. Preservation of papers belonging to Government or private personsBefore destroying Part A of any judicial proceedings, care must be taken to separate and remove from the record all documents belonging to private persons or to Government, as a party to the proceedings, which have not been superseded by the decree or impounded in the case in which they were produced. These documents shall be preserved and tied up in a separate parcel, and notice shall, whenever practicable, be given to the persons who produced them in Court, requiring them to take them back into their own keeping within six months from the date of the notice, and warning them that they will be kept at their risk, and that the Court declines all responsibility for them. Copies of this notice should also be put up in a conspicuous place of the Court-house of the Deputy Commissioner of the district and of the Court in which the suit was tried or, if such Court has been abolished of such other Court or Courts as may be exercising jurisdiction in lieu of it. Heads of offices must make the best arrangements for the custody of these documents that the circumstances admit of. In District offices it will probably be most convenient to keep them with the appropriate village bundles.

CRegisters
18. Registers to be preserved in perpetuityThe following judicial registers shall be preserved in perpetuity : Civil Register Nos. I, II, III, IV, V, XV and XXIV. Criminal Register Nos. VII, VIII, and XVI. 19. Registers to be preserved for 50 yearsThe following judicial registers shall be preserved for fifty years from the date of the last entry and shall then be destroyed: Civil Register Nos. XXVI and XXVII. Criminal Register No. IX. Miscellaneous Register G and I.

20. Registers to be preserved for 20 yearsThe following judicial registers shall be preserved for twenty years from the date of the last entry and shall then be destroyed: Civil Register Nos. X, XI and XIII. Criminal Register Nos. II and X. Miscellaneous Register Nos. A and H. 21. Registers to be preserved for 12 yearsThe following judicial registers shall be preserved for twelve years from the date of the entry and shall then be destroyed: Civil Register Nos. VI and XIV. Criminal Register Nos. I, III, IV and XIV. 22. Registers to be preserved for 6 yearsThe following judicial registers shall be preserved for six years from the last date of the entry and shall then be destroyed : Civil Register Nos. XVI, XVIII, XXI-A, XXI-B and XXV. Criminal Register No. XV. Miscellaneous Register B. Provided that Civil Register No. XVIII and other registers mentioned in this Rule shall be preserved for a longer period, if necessary. Such registers shall be preserved for a period of at least 3 years after the date on which all dues in respect of deficiencies in stamp duty and Court fees pointed out by Stamp Auditors are recovered or written off. 23. Registers to be preserved for 3 yearsThe following judicial registers shall be preserved for three years from the date of the last entry and shall then be destroyed: Civil Register Nos. VII, VIII, IX, XII, XVII, XXI-C, XXII and XXIII. Criminal Register Nos. V, VI, XI, XII, and XIII. Miscellaneous Register C, D, E and F. 24. Instructions regarding destruction of Civil Register No. XX and Miscellaneous Register MCivil Register No. XX and Miscellaneous Register should be treated as follows : When a book is full, the names of the peons still in service or of the petition-writers still holding licences should be copied into a new register and the old register destroyed. 25. Judicial register to be destroyedNo Judicial Registers shall be destroyed except as directed above.

DOther Papers
26. Regarding personal file of officers, and ministerial and menial servantsPersonal files of all officers and ministerial and menial servants of Government: (a) Who die while in service, shall be preserved for three years after their death and then destroyed, provided there are no outstanding claims on the part of their heirs; and (b) Who have retired, shall be preserved until their death and then destroyed, provided that no file shall be destroyed before three years from date of retirement when death occurs within three years of retirement. 27. Destruction of voucher relating to contingenciesVouchers relating to contingencies should be preserved for 3 years and then destroyed, this period being reckoned from 1st January following the date of payment. 28. Preservation of records relating to Sheriffs Petty and Civil Court Deposit AccountsThe records relating to Sheriffs Petty and Civil Court Deposit Accounts shall be preserved for the period noted against each in the sub-joined statements.
Civil Court Deposit Accounts Register and Forms Number Heading Period for which it is proposed to preserve the register etc. 3 years Permanently Do 12 years Permanently 6 years One year from tlie date of last audit 3 years 6 years Permanently

Form No. 1 Form No. 2 Form No. 3 Form No. 4 Form No. 5 Form No. 6 Form No. 7 Form No. 8 Form No. 9 Form No . 11 Form No. 12 Form No. 13 Form No. 14 Form No. 15

Note Book of Execution Bailiff Register of Receipts (Cash system) Register of Receipts (Voucher system) Register of Distribution (Cash system) Cash Book (Cash system) Receipt Form (Cash system) Voucher Form (Cash and voucher systems) Cheque Form (Cash system) Challan Form (Cash and voucher systems) Treasury Pass Book (Cash system)

Extract register of receipts (Cash system) (Form 6 years 28 Civil Account Code, Volume I) Clearance Register (Cash system) Do

List of repayments (Cash system) (Form 47, Civil 3 years Account Code, Volume II) Lapsed Deposits (Cash system) (Form No. 29 Permanently

Civil Account Code, Volume I) Form No. 16 Refund of lapsed deposit (Cash and voucher 3 years systems) (Form No. 30, Civil Account Code, Volume I) Intermediate Register of money-orders, etc. One year from the date of last audit

Form No. 17 Form No. 18

Stock Book of Forms of Reciept Book/Cheque One year from the Books date of last audit

SHERIFFS PETTY ACCOUNTS Sheriffs Petty Accounts Register and Forms

New Number Heading Old Number Heading Period for which it is proposed to preserve the Register Permanently

Form No. 1

Register Receipts

of Register A

Register of Receipts

Form No. 2

Register of Register Disbursement B Cash Book Register C

Showing payments

12 years

Form No. 3

Showing receipts and disbursements and cash balance in hand of Agent each day

Permanently

Form No. 4

Treasury Books

Pass

Permanently

Form No. 5

Receipts Form

Form G

Receipt Book

Six year from the date of last entry in the cash book Three years from the date of its last entry, but subject to the condition mentioned against Form No. 8

Form No. 6

Register of Register D Processes Including warrants, etc.

Register of processes and warrants etc.

Form No. 7

Note Book of Form H Process Servers Payment Order Form Form I

Note Book Process Servers

of As against Form No. 6

Form No. 8

Court Payment Order

One year from the date of last audit and if at the last audit any objection was raised in connection with any

documents or records they should be retained until the next audit, and should not be destroyed until one year has elapsed since the removal of the objection originally raised

Form No. 9

Challan Form

Form J

(a) Memo to accompany remittance of surplus money to the treasury (b) Of balance treasury monthly 6 years to the

Form K

(c) Consolidated Memo of remitt-ance to the treasury

Form No. 10 Cheque Form Form No. 11 Statement

of lapsed deposit (Form 29 Civil Account Code, Volume I)

Form L

3 years Permanently

Form No. 12 Voucher

for Refund of lapsed deposits Form No. 30, Civil Account Code, Volume I Stock Book of Forms

3 years

Form No. 13 Stock Book of Form M

Forms of Receipt Books and Cheque Books

As against Form No. 8

NoteThe main principal which should guide the destructions of accounts record should be that so long as an objection is outstanding and the accounts have not been completely checked and accepted in audit, they and the supporting documents should not be destroyed even though the period of preservation prescribed in the rules may have expired.

(Punjab Government Letter No. 8026-FR-53/8147, dated the 4th November, 1953)
Part F]

Part RULES UNDER OF RECORDS ACT, 1917 Notification

SECTION

OF

F DESTRUCTION

Rules made by the High Court of Punjab under Section 3 of the Destruction of Records Act 1917, with the previous sanction of the State Government for the disposal, by destruction or otherwise, of such documents in the possession or custody of the Courts of civil and criminal jurisdiction subordinate to the High Court as are, in the opinion of the High Court, not of sufficient public value of justify their preservation.

Rules A. General
1. Timely destruction of recordsAll judicial records and registers which, under these rules, become liable to destruction, shall be destroyed as soon as the period for their retention has expired: Provided that the District Judge in the case of Civil Judicial records, the Sessions Judge in the case of records of the Court of Sessions and the District Magistrate in the case of Magisterial records may order, for reasons to be specified, that any particular paper or the record of any particular case be preserved beyond such period. 2. Manner of destruction and disposal of waste paperThe destruction of such records and registers shall be carried out under the supervision of the Record Keeper and shall be effected by tearing, care being taken that all court-fee stamps have been duly cancelled. The paper shall then be sent to the nearest paper-making jail [list given in note (II) below after ascertaining from the jail concerned whether it does require the waste paper. The paper should be sold in the open market if the reply of the Jail is in the negative; the sale proceedings being credited to the head XXI. Administration of Justice Miscellaneous Fees and FinesJudicial Record Room Receipts. Notes (i) In the case of Small Cause Courts the work of destruction shall be carried out under the supervision of the Registrar. (ii) The following are the paper-making jails: (1) Ambala District Jail. (2) Hissar District Jail. (3) Gurdaspur District Jail. 2-A. Documents of a secret or confidential nature should not be sold but destroyed by being burnt under proper supervision.

3. Arrangement of certain civil records in three partsThe following Civil Records shall be arranged in three parts A, A(i) and B, namely, those of (1) suits involving the title to immovable property as defined in Section 3, clause 25 of the General Clauses Act, 1897, other than suits for arrears of rent, or for a share in the produce, when the right is not disputed and only the amount contested; (2) suits relating to succession to an office, or to establish or set aside an adoption, or otherwise determine the status of an individual, and all suits relating to trusts or religious endowments; (3) Proceedings under the Indian Succession Act, 1925 and under the repealed Acts entered in Schedule 9 of that Act; (4) Proceedings under the Indian Divorce Act, 1869. Part A shall contain the following papers: (1) The index of papers. (2) The order sheet or chronological abstract of order. (3) The plaint together with any schedule annexed thereto. NoteIn miscellaneous cases the petition or written application of the party setting the Court in motion will take the place of the plaint. (4) The written statements and pleadings of the parties. (5) The memorandum of issues with amended or additional issues, if any. (6) All depositions of witnesses. (7) All documents received by the Court during the trial, as evidence between the parties other than copies of Civil, Revenue or Municipal records. (8) Commissions proceedings held thereunder, and reports of Commissioners. (9) Applications to refer to arbitration, the award of other final return of the arbitrators, with the proceedings, dispositions and documents submitted therewith and, any application to set aside the award with the Courts orders thereon. (10) Instruments of withdrawal, compromise or confession of judgment. (11) The Judgment or other final order. (12) The decree and all documents relating to the preparation or amendment thereof. (13) All notes in the handwriting of the Judge.

(14) Any order by the Court accepting an application for review of judgment or for a new trial. (15) Judgments and decrees of Appellate Courts, if any. (16) All orders passed in execution proceedings with applications, objections, writs of which service has been effected, notices, reports and returns relating thereto. (17) All receipts and acknowledgements filed in execution proceedings. (18) Processes by which service is effected on the defendants in civil suits decided ex parte. (19) Powers of attorney of Counsel or agents of parties. Part A (i) shall contain the following papers: (1) Copies of Civil, Revenue and municipal record received by the Court during the trial as evidence between the parties. (2) Applications of parties who are strangers to the suit with the Courts orders thereon. (3) Reports furnished by the Record Department. (4) Orders of arrest or attachment before judgment with all documents relating thereto. (5) Applications for review of judgment or for a new trial, with the Courts orders thereon, other than orders accepting such applications. Part B shall consist of all papers not included in Parts A and A(i)

B. Judicial Records
[4. Records to be divided into two parts A and BAll other Civil records and proceedings under the Delhi Rent Control Act, 1958 and all Criminal records shall be arranged in two partsA and B.]
1

5. Papers included in parts A and B of Civil record.In the case of such other Civil Records Part A shall contain the following paper: (a) In original cases, other than those to which Rule 3 applies, heard by any Court other than a Court of Small Causes. Those papers specified in Rule 2 as contained in Parts A and A(i) (b) In cases heard by a Court of Small Causes (1) The index of papers. (2) The order sheet or chronological abstract of orders. (3) The plaint with the papers annexed thereto.

(4) Any cross-claim set up by the defendant by way of set-off. (5) All documents received by the Court during the trial as evidence between the parties. (6) Any award of arbitrators, or deed of withdrawal, compromise or confession of judgment. (7) The judgment or other final order. (8) The decree. (9) All notes in the handwriting of the Judge. (10) Any application for review of judgment, or for a new trail, with the Courts orders thereon. (11) Any order passed by the High Court as a Court of reference or revision. (12) All orders passed in execution proceedings with all applications, writs of which service has been affected, notices, reports and returns relating thereto. (13) All receipts and acknowledgements filed in execution proceedings. (14) Written statements of parties. (15) Processes by which service is effected on the defendants in suits decided ex parte. (16) Powers of attorney of Counsel or agents of parties. (c) In appeals cases (1) The index of papers. (2) The order sheet or chronological abstract of orders. (3) The petition of appeal. (4) Copies of judgments and decrees of Lower Courts. (5) Any cross-objection filed by the respondent under Order XLI, Rule 22 of the Code of Civil Procedure. (6) Issues referred for trial by the Appellate Court, with the evidence and findings thereon. (7) Commissioners proceedings held thereunder, and reports of Commissioners. (8) Any additional evidence, oral or documentary admitted by the Appellate Court under Order XLI, Rule 27, of the Code of Civil Procedure.

(9) Application to the Appellate Court to refer to arbitration, references, the award or other final return of the arbitration with the proceedings, despositions and documents submitted therewith and any applications to set aside they award, with the Courts order thereon. (10) Deeds of withdrawal, compromise or confession of judgment. (11) The judgment or other final order. (12) The decree of the Appellate Court. (13) All notes in the handwriting of the Judge. (14) Applications for review of judgment, with the Courts orders thereon. (15) Any judgment and decree of a superior Court of appeal. (16) Powers of attorney of Counsel or agents of parties. Part B shall consist of all papers not included in Part A. 6. Papers included in Parts A and B of Criminal recordIn the case of criminal records Part A shall contain the papers noted below: (a) In original cases tried by a Court of Session (1) The index of papers. (2) The order sheet or chronological abstract of order. (3) The charge, original and as amended by the Sessions Judge. (4) All depositions of witnesses and statements of accused persons, including depositions and statements transferred from the file of the Committing Magistrate. (5) All documentary evidence. (6) The final order. (7) The verdict of the jury. (8) All notes in the handwriting of the Judge. (9) The judgment or order of the High Court as a Court of Appeal, reference or revision. (10) Warrants returned after execution of sentence. (11) All proceedings relating to the realization of fines.

(b) In Magisterial inquiries and trials (1) The index of papers. (2) The order sheet or chronological abstract of orders. (3) The final Police report (Challan), or petition of complaint. (4) All depositions of witnesses and statements of accused persons. (5) All documentary evidence. (6) The charge, where a formal charge is drawn up. (7) The final order of the Court. (8) All notes in the handwriting of the Magistrate. (9) The judgment of the Appellate Court, if any. (10) The judgment of the High Court in revision, if any. (11) Warrants returned after execution of sentence. (12) All proceedings relating to the realization of fines. (13) Bonds for good behaviour taken under Section 110 of the Code of Criminal Procedure. (c) In appeal cases (1) The index of papers. (2) The order sheet or chronological abstract of orders. (3) The petition of appeal. (4) Copy of the judgment of the Lower Court. (5) Any additional evidence taken under Section 428 of the Code of Criminal Procedure. (6) The final order of the Court. (7) All notes in the handwriting of the Judge. Part B shall consist of all papers not included in Part A. 7. Records to be preserved in perpetuityThe following records shall be preserved in perpetuity:

(1) Part A of all suits and appeals involving title to immovable property as defined in Section 3, clause 25, of the General Clauses Act, 1897. NoteIn suits for arrears of rent or for a share in the produce, when the right is not disputed and only the amount is contested clause 1 of Rule 12 will apply. (2) Part A of all suits and appeals relating to the succession to an office or to establish or set aside an adoption or otherwise determine the status of an individual and of all suits and appeals relating to trusts or religious endowments. (3) Records of attachment, sale and delivery of immovable property in execution of decrees, including all objections, proceedings and orders thereon. (4) Part A of proceedings under the Indian Succession Act of 1925, and the repealed Acts entered in Schedule 9 of that Act. (5) Part A of proceedings under the Indian Divorce Act, 1869. (6) Records relating to the disposal of immovable property forfeited to Government under Section 62 of Indian Penal Code. (7) Insolvency proceedings under the Provincial Insolvency Act, 1920, where the Court has decided a question of title to immovable property under Section 4 of the Act. (8) Correspondence with other offices on matters connected with the administration of justice, including annual reports and the statements appended thereto: provided that heads of offices may, with the previous sanction of the District Judge, order the destruction after three years, of any correspondence of a merely formal or ephemeral character, after personally satisfying themselves, in regard to each paper ordered to be destroyed, that its retention is no longer necessary. Also, annual confidential reports on the work of Magistrates and subordinate Judges, stipendiary and honorary, may be destroyed five years after the end of the year of which they relate. (9) Part A of proceedings under the Indian Lunacy Act IV of 1912. (10) Part A proceedings under the Companies Act, 1956 (No. I of 1956) or under the Banking Companies Act (X of 1949). NoteA list of all papers which it is proposed to destroy under this clause must be prepared and, in the case of a subordinate office, be submitted to the District Court for sanction. This list will be preserved in perpetuity. 8. Records to be preserved for 60 yearsThe following records shall be preserved for sixty years and shall then be destroyed: (1) Part A of proceedings under Sections 1 and 8 of Regulation XVII of 1806. 9. Records to be preserved for 50 yearsThe following records shall be preserved for fifty years and shall then be destroyed:

(1) Part A of proceedings under the Guardians and Wards Act, 1890, and under Act XL of 1858 and IX of 1861, other than those in which the petitions have been rejected. (2) Records of Insolvency proceedings under all Acts other than those falling within Rule 7(7) which have not been destroyed previously under Rules 11 and 13. The period of fifty years shall be taken in run from date of the order of adjudication. (3) Part A of the cases relating to any of the offences specified in Section 44 of the Code of Criminal Procedure, as offences of which all persons are bound to give information, in which any of the suspected persons have escaped apprehension: provided that, whenever it is known that the offender or offenders on whose account such records are kept, are dead, the records may be destroyed. (4) Part A of criminal cases in which the offence is punishable with death, and it is not known who the offender is. NoteThe records specified in clauses 3 and 4 when the time comes, when under ordinary circumstances they would be liable to destruction, shall be removed to a separate bundle of cases of absconding and unknown offenders. (5) Part A of criminal cases in which a lunatic is concerned, unless the lunatic shall have been subsequently tried or have died. 10. Records to be preserved for 20 years.The following records shall be preserved for twenty years and shall then be destroyed: (1) Part A(i) the Civil records specified in Rule 3 above. (2) The charge, finding and sentence in cases in which conviction has been had of an offence for which enhanced punishment is provided on a second or subsequent conviction. (3) Part A of cases in which any public servant has been tried, whatever may have been the result of the case. (4) Part A of all Civil suits and appeals, other than suits and appeals falling under Rule 7, where one of the parties is a minor suing or sued through a guardian under Order XXXII of the Code of Civil Procedure. (5) Part A of Criminal cases relating to any offences other than those specified in Section 44 of the Code of Criminal Procedure in which any suspected persons have escaped apprehension provided that, whenever it is known that the suspected offender or offenders on whose account such records are kept, are dead, the records may be destroyed. [(6) Part A of all proceedings under Delhi Rent Control Act, 1958 seeking possession including Sections 14, 14A, 14B, 14C, 14D, Sections 21, 22, 24 of the Act and all proceedings for fixation of standard rent under Section 6 and Section 9(4) of the Delhi Rent Control Act].
1

11. Records to be preserved for 12 yearsThe following records shall be preserved for twelve years and shall then be destroyed unless their preservation for a longer period is necessary on the special grounds noted below:

(1) Part A of Sessions cases: provided that, if the sentence has not been fully executed, the record shall be preserved until the return of the warrants, and then destroyed. (2) Part A of cases under Chapter XXXVI of the Code of Criminal Procedure in which maintenance is awarded. (3) Insolvency proceedings under the Provincial Insolvency Acts where immovable property is involved. The period shall be taken to run from the date of the order of the Court declaring the insolvent discharged from further liability in respect of the scheduled debts. (4) Part A of proceedings under the Guardians and Wards Act, 1809, and under Act XL of 1858 and IX of 1861 in which the petitions have been rejected. 12. Records to be preserved for 6 yearsThe following records shall be preserved for six years and shall then be destroyed unless their preservation for a longer period is necessary on any of the special grounds noted below: (1) Part A of all Civil suits and appeals other than suits and appeals falling under Rule 7: provided that, if the decree has not been fully executed or become incapable of further execution. Part A must be preserved until such time as the decree has been fully executed or become incapable of further execution. Note 1A note of all cases destroyed in District offices under this clause shall be made at the time of destruction in the list of cases put up with the village bundle. Note 2In January, April, July and October, each the record-keeper will receive from Civil Courts vide paragraph 1 of Chapter 16-A, Part III, Rules and Orders, Volume IV, lists of execution cases in respect of records which are six years old or about to become six years old in which decrees have been fully executed or have become incapable of further execution. On the receipt of these lists, the recordkeeper should make a note to this effect on each file and he should not destroy and file unless it contains this note without ascertaining whether the decree has been fully executed or has become incapable of further execution. Note 3Only such portion of the record, if any, as relates to the attachment, sale and delivery of immovable property in execution of decrees, including all objections, proceedings, and orders thereon should be taken out and preserved permanently as required by Rule 7 when the record is destroyed under Rule 12. (2) Part A of cases trial by the Magistrate of the District under Section 30 of the Code of Criminal Procedure, in which he has inflicted a heavier punishment than might have been inflicted by a Magistrate of the first class: provided that, if the sentence has not been fully executed, the record shall be preserved until the return of the warrant and then destroyed. (3) Records relating to the realization of fines of Criminal Courts. [(4) Part A of proceedings under Delhi Rent Control Act, 1958 other than proceedings mentioned under Rule 10(6) including proceedings under Sections 13, 23, 26, 27, 31, 34, 44 and 45 of Delhi Rent Control Act, 1958]
1

13. Records to be preserved for 3 yearsThe following records shall be preserved for three years and shall then be destroyed: (1) Insolvency proceedings under the Provincial Insolvency Acts where no immovable property is involved. The period shall be taken to run from the date of the order of the Court declaring the insolvent discharged from further liability in respect of the scheduled debts. (2) Records of Criminal cases inquired into or tried by Magistrates and not otherwise provided for in these rules. (3) Part A of appeals from orders passed by the Magistrates. (4) All correspondence between the District Magistrate or District Judge and Subordinate Courts, and other records, periodical statements, reports, proceedings, applications, etc., not expressly provided for in these rules: provided that, in respect of records falling under this clause, heads of offices must exercise their discretion in preserving reports, returns and proceedings likely to be useful in the future, as containing the result of inquiries or other information, or the opinions of experienced officers on matters connected with the general administration of justice. 14. Records to be preserved for 1 yearThe following records shall be preserved for one year and shall be destroyed: (1) Part B of all civil and [proceedings under the Delhi Rent Control Act, 1958 and] criminal cases and appeals provided that papers relating to deposits and payments thereof shall be separated and preserved until such time as the accounts of the deposits and repayments concerned have been audited and any objections raised in connection therewith have been finally settled and that Part B of civil cases, and civil appeals in which a first or a second appeal lies to the High Court, shall not be destroyed until the period of limitation for instituting such an appeal has expired or until the appeal, if instituted, is decided by the High Court.
1

(2) Proceedings of other Courts and officers forwarding notices, proclamations, calling for records, etc. 15. Mode of reckoning periodThe periods prescribed above shall except in the case noted below, be taken to run from the date of the final order of the Court of first instance, or, in the event of an appeal, from that of decision of appeal. In cases under Chapter XXXVI of the Code of Criminal Procedure, in which maintenances is awarded the period shall be taken to run from the date of the last order passed for the enforcement of the award. 16. Notes of destruction(i) When under the above rules the whole of the papers of Part A of the record are destroyed, a note to the effect shall be made at the time of destruction, against the entry of the case in the Goshwara. In the case of the record offices of District and Sessions Courts where no Goshwaras are kept, the note shall be made against the entry of the case in the General Register. (ii) When some only of the papers of Part A of the record are destroyed and some are retained, a note of the papers destroyed shall be made, at the time of destruction, on the fly index of the case.

(iii) All notes made under the above instructions (i) and (ii) shall be attested by the Record-keeper. (iv) No note whatever need be made of the destruction of Part B of a record. Such destruction will be presumed to have been effected in accordance with Rule 14 above. 17. Preservation of papers belonging to Government or private personsBefore destroying Part A of any judicial proceedings, care must be taken to separate and remove from the record all documents belonging to private persons or to Government, as a party to the proceedings, which have not been superseded by the decree or impounded in the case in which they were produced. These documents shall be preserved and tied up in a separate parcel, and notice shall, whenever practicable, be given to the persons who produced them in Court, requiring them to take them back into their own keeping within six months from the date of the notice, and warning them that they will be kept at their risk, and that the Court declines all responsibility for them. Copies of this notice should also be put up in conspicuous place of the Court-house of the Deputy Commissioner of the district and of the Court in which the suit was tried or, if such Court has been abolished of such other Court or Courts as may be exercising jurisdiction in lien of it. Heads of offices must make the best arrangements for the custody of these documents that the circumstances admit of. In District offices it will probably be most convenient to keep them with the appropriate village bundles.

C. Registers
18. Registers to be preserved in perpetuityThe following judicial registers shall be preserved in perpetuity: Civil Register Nos. I, II, III, IV, V, XV and XXIV. Criminal Registers Nos. VII, VIII and XVI. 19. Registers to be preserved for 50 yearsThe following judicial registers shall be preserved for fifty years from the date of the last entry and shall then be destroyed: Civil Registers Nos. XXVI and XXVIII. Criminal Register No. IX. Miscellaneous Registers G and I. 20. Registers to be preserved for 20 yearsThe following judicial registers shall be preserved for twenty years from the date of the last entry and shall then be destroyed: Civil Registers Nos. X, XI and XIII. Criminal Register Nos. II and X. Miscellaneous Registers Nos. A and H. 21. Registers to be preserved for 12 yearsThe following judicial registers shall be preserved for twelve years from the date of the last entry and shall then be destroyed:

Civil Registers Nos. VI and XIV. Criminal Registers Nos. I, III, VI and XIV. 22. Registers to be preserved for 6 yearsThe following judicial registers shall be preserved for six years from the date of the last entry and shall then be destroyed: Civil Registers Nos. XVI, XVIII, XXI-A, XXI-B and XXV. Criminal Register No. XV. Miscellaneous Register B. Provided that Civil Register No. XVIII and other registers mentioned in this Rule shall be preserved for a longer period, if necessary. Such registers shall be preserved for a period of at least 3 years after the date on which all dues in respect of deficiencies in stamp duty and Court-fees pointed out by Stamp Auditors are recovered or written off. 23. Registers to be preserved for 3 yearsThe following judicial registers shall be preserved for three years from the date of the last entry and shall then be destroyed: Civil Registers Nos. VII, VIII, IX, XII, XVII, XXI-C, XXII and XIII. Criminal Registers Nos. V, VI, XI, XII and XIII. Miscellaneous Registers C, D, E and F. 24. Instructions regarding destruction of Civil Register No. XX and Miscellaneous Register M.Civil Register No. XX and Miscellaneous Register should be treated as follows: When a book is full, the names of the peons still in service or of the petition-writers still holding licences should be copied into a new register and the old register destroyed. 25. No Judicial register to be destroyed.No Judicial Registers shall be destroyed except as directed above.

D. Other Papers
26. Regarding personal file of officers, and ministerial and menial servantsPersonal files of all officers and ministerial and menial servants of Government: (a) who die while in service, shall be preserved for three years after their death and then destroyed, provided there are no outstanding claims on the part of their heirs; and (b) who have retired, shall be preserved until their death and then destroyed, provided that no file shall be destroyed before three years from date of retirement when death occurs within three years of retirement.

27. Destruction of vouchers relating to contingenciesVouchers relating to contingencies should be preserved for 3 years and then destroyed, this period being reckoned from 1st January following the date of payment. 28. Preservation of records relating to Sheriffs Petty and Civil Court Deposit AccountsThe records relating to Sheriffs Petty and Civil Court Deposit Accounts shall be preserved for the period noted against each in the subjoined statements. Civil Court and Forms
Number Form No. 1 Form No. 2 Form No. 3

Deposit

Accounts

Registers

Period for which it is proposed to preserve the registers etc.

Heading Note Book of Execution Bailiff Register of Receipts (Cash system) Register of Receipts (Voucher system) Register of Disbursement (Cash system) Cash Book (Cash system) Receipt Form (Cash system) Voucher Form (Cash and voucher systems) Cheque Form (Cash system) Challan Form (Cash and voucher systems) Treasury Pass Book (Cash system) Extract register of receipts (Cash system) (From 28 Civil Account Code, Volume I). Clearance Register (Cash system) List of repayments (Cash system) (Form No. 47, Civil Account Code, Volume II) 3 years Permanently Do

Form No. 4

12 years

Form No. 5 Form No. 6 Form No. 7

Permanently 6 years One year from the date of last audit 3 years 6 years

Form No. 8 Form No. 9

Form No. 11 Form No. 12

Permanently 6 years

Form No. 13 Form No. 14

Do 3 years

Civil Court and Forms

Number Form No. 15

Deposit

Accounts

Registers

Period for which it is proposed to preserve the registers etc.

Heading Lapsed Deposits (Cash system) (Form No. 29, Civil Account Code, Volume I) Refund of lapsed deposit (Cash and Voucher system) (Form No. 30, Civil Account Code, Volume I). Intermediate Register of moneyorders, etc. Stock Book of Forms of Receipt Books/Cheque Books. Permanently

Form No. 16

3 years

Form No. 17

One year from the date of last audit. One year from the date of last audit.

Form No. 18

SHERIFFS PETTY ACCOUNTS Sheriffs Petty Accounts Registers and Forms

New Number Form No. 1 Heading Old Number Heading Period for which it is proposed to preserve the Registers of Permanently

Register Receipts

of

Register A

Register Receipts Showing payments

Form No. 2

Register of Disbursement Cash Book

Register B

12 years.

Form No. 3

Register C

Showing receipts Permanently and disbursements and cash balance in hand of Agent each day Permanently

Form No. 4

Treasury Pass Books Receipt Form Form G Receipt Book

Form No. 5

Six years from the date of last entry in the cash book Three years from the date of its last entry, but subject to the condition mentioned against Form 8.

Form No. 6

Register processes including

of

Register D

Register of processes and warrants etc.

New Number

Heading

Old Number

Heading

Period for which it is proposed to preserve the Registers

warrants, etc. Form No. 7 Note Book of Form H Process Servers Payment Order Form Form I Note Book of As Against Form No. 6 Process Servers

Form No. 8

Court Payment Order

One Year from the date of last audit and if at the last audit any objection was raised in connection with any documents or records they should be retained until the next audit, and should not be destroyed until one year has elapsed since the removal of the objection originally raised. 6 Years

Form No. 9

Challan Form

Form J

(a) Memo to accompany remittance of surplus money to the treasury

Form K

(b) Of monthly balance to the treasury (c) Consolidated Memo of remittance to the treasury. 3 years Permanently

Form L

Form No. 10 Cheque Form Form No. 11 Statement of lapsed deposit (Form 29, Civil Account Code, Volume I) Form No. 12 Voucher for Refund of lapsed deposits Form No. 30, Civil Account Code, Volume I Form 13 No. Stock Book of Form M Form of

3 years

Stock Book of As against Form No. 8 Forms

New Number

Heading

Old Number

Heading

Period for which it is proposed to preserve the Registers

Receipt Books and Cheque Books

NoteThe main principle which should guide the destructions of accounts records should be that so long as an objection is outstanding and the accounts have not been completely checked and accepted in audit, they and the supporting documents should not be destroyed even though the period of preservation prescribed in the rules may have expired. (Punjab Government letter No. 8026-FR-53/8147, dated the 4th November, 1953)
1 Substituted vide Notification No. 205/Rules/DHC dated 16-10-2003. 1. Inserted vide Notification No. 205/Rules/DHC dated 16-10-2003. 1. Inserted vide Notification No. 205/Rules/DHC dated 16-10-2003. 1 . Inserted vide Notification No. 205/Rules/DHC dated 16-10-2003.

CHAPTER 17
Ch. 17]

Preparation and Supply of Copies

Notification

Rules made by the High Court under the power conferred by Article 227 of the Constitution of India with the previous approval of the State Government, for regulating the preparation and supply of copies of records of Civil and Criminal Courts by the copying agencies under the control of the District and Sessions Judges and the Judge, Small Cause Court, Amritsar.

Rules
1. Short TitleThese rules may be called the Punjab Civil and Criminal Courts Preparation and Supply of Copies of Records Rules, 1965. 2. DefinitionsIn these rules, unless the context otherwise requires (a) copy means a certified copy of any record prepared in accordance with these rules; (b) form means a form appended to these rules; (c) record means and includes any portion of a record and any document, map, plan or other paper attached to, or forming part, of the record of any suit, appeal, inquiry, trial or other proceeding in any Civil or Criminal Court. 3. Persons entitle to obtain copiesA copy of a record shall be granted in the manner prescribed by these rules to any person who, under the law for the time being in force, or under these rules, is entitled to get it. In particular, copies may be granted as follows : (1) Any party to a civil or criminal case is entitled at any stage of the suit or complaint to obtain copies of the record of the case including documents exhibited and finally accepted by the Court as evidence : Explanation(i) Complaints include challans. (ii) A party to a suit or complaint who has been ordered to file a written statement is not entitled to a copy of the written statement of his opponent until he has first filed his own.

(2) A stranger to a civil or criminal case may, after decree or judgment, obtain copies of the plaint or complaint, written statement, affidavits and petitions filed in the case, as also of the evidence recorded by the Court, and may, for sufficient reasons shown to the satisfaction of the Court, obtain copies of any documents before the final order is passed. He may also obtain copies of any judgment, decree or order, at any time after the same has been passed or made, but he shall not be granted copies of exhibits put in as evidence except with the consent of the person by whom they were produced or under the orders of the Court. (3) Official letters shall be treated as privileged documents and copies thereof shall not be ordinarily granted. Should it be necessary to grant a copy of a letter, or of an extract of a letter, received by a subordinate form a superior officer reference shall, in every case, be made to the superior officer for permission to grant copy thereof. 4. Supply of copies free of charge to persons accused or convicted and to public Officers Copies shall be supplied free of charge in the following cases: (1) If a person convicted in a summons case is in Jail and requires a copy for purposes of appeal or revision he or his agent shall be allowed a copy of the judgment free of charge. (2) Copies of judgment and other documents required to be supplied to the accused under Section 371 (see Section 363 of the new Code) of the Code of Criminal Procedure, 1898, shall be prepared by the Court Stenographer and supplied free of charge to the accused, after having been duly attested by the Reader of the Court, in accordance with the provisions of the said Section. In Courts having no Stenographers, such copies shall be prepared and duly attested by the Copyists and supplied free of charge. (3) Copies of judgements or orders, or English translations of vernacular judgements or orders, convicting, acquitting or discharging Government servants, including a person subject to military law or a civilian in military employ, of criminal offences, shall be supplied free of charge of the Heads of Departments of Offices concerned. (4) Copies required for official purposes by Public Officers in Punjab shall be supplied free of cost if the application for the supply of copy is endorsed by the Head of the Department concerned. 5. Procedure for submission of application for copyAn application for a copy of any record, including requisition for a free copy may be made personally, or through an agent, or may be sent by post. NoteThe authority of the agent need not be a formal power of attorney. 6. Officers authorised to receive applications(1) An application for a copy of any record of District and Sessions Judges Court shall be received by the Superintendent of that Court. (2) An application for a copy of any record of Court of Small Causes, Amritsar, shall be received by the Clerk of the Court, provided that the record, a copy whereof is applied for, is in the possession of the Court. 7. Copy to be supplied with permission of officers concernedAn application for a copy of a record of the High Court, or of a District and Sessions Court, or of an Office or Court of Commissioner or of the Financial Commissioner made to a lower Court, or office, in which the record may be lying at the time of the application, shall be complied with only with the permission of the Court or officer concerned.

NoteIn no case shall a record be sent from the headquarters of a districts, to a sub-division or tahsil, or a muffasil Court, for being copied. 8. Procedure where record is before High CourtWhenever an application is made for a copy of record in case in which the record is before the High Court, the application shall be forwarded to the High Court for disposal. If the application be made under Section 548 (see Section 363 of the New Code) of the Code of Criminal Procedure, 1898, by a prisoner in Jail and is submitted with the grounds of appeal or for revision, the memorandum of appeal for the petition for revision, as the case may be, shall also be forwarded along with the application. 9. Form for application and Court-fee Stamp to be affixed (1) Every application shall, as far as possible, be in Form C.D.I. and bear a forty paise Court-fee stamp, apart from the Court-fee stamps, if any, to cover the cost of the copy. Note(i) The applicant shall give full particulars of the record copy whereof is required so that the record may be easily traced, but no application shall be returned unless it fails to give the minimum information required to trace the record. (ii) The form C.D.I. shall be stocked with the Controller of Printing and Stationery, Punjab, Chandigarh, from where all supplies shall be obtained on indent. These forms shall be supplied by licensed stamps-vendors at a rate of three paise per form. Such discount shall be allowed to the stamp vendors at the time of purchase of forms worth Rs. 5 and above by deduction from the purchase money as may be fixed by the Punjab Government in the Revenue Department from time to time. This commission shall be debited to the head 19General AdministrationEDistrict AdministrationSOther Establishment. The receipts on the sale of these forms shall be credited to the head L.IIC. Misc., Copying Agency Accounts. (2) Applications shall not be returned where the Court-fee stamps borne on them are not properly endorsed by the stamp vendors. In such cases the stamp-vendors concerned shall be proceeded against under Section 34 of the Court-fees Act, 1870. (3) Immediately on receipt of the application the receiving official shall satisfy himself that the applicant is entitled to the copy applied for by him, and shall forthwith effect cancellation of the Court-fee stamps in the manner prescribed in Section 30 of the Court-fees Act, 1870, read with Rules 1 and 2 in Chapter 4-C of the High Court Rules and Orders, Volume IV. 10. One application for copies of record concerning single cause or matterOnly one application shall be made for copies of any number of papers concerning a single cause or matter which are in the same record, e.g., if copies are required of four separate papers in one record, only one application is necessary. [11. Charges for copies and manner of payment thereofThe charges for obtaining copies for records which one detailed in the Schedule appended to this chapter, shall be deposited by the applicant in advance. If ordinary copy is to be obtained, advance deposit of Rs. 5/- and if urgent copy is to be obtained, advance deposit of Rs. 10/- should be made by the applicant.
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(a) If the applicant desires that the receipt in Form C.D. 10 be posted to him immediately on the receipt of his application, he should also affix to his application extra Court-fee stamps of such amount which are sufficient enough to cover the postal charges.

(b) The applicant may remit the advance deposit money order to the Copying Supervisor. (c) If the applicant desires that the copy be sent to him by post, he should also affix to his application extra Court-fee stamps of such amount which are sufficient enough to cover the registration and other postal charges. (d) If the applicant desires that the copy be sent to him per V.P.P. he should also affix to his application extra Court-fee stamps of such amount which are sufficient enough to cover the V.P.P. charges]. 12. Scrutiny of application(1) On receipt of an application, the Copying Agent shall scrutinize it as to whether: (a) The copy applied for can be supplied under these rules; (b) The application has been duly stamped with forty paise Court-fee stamp and gives the necessary particulars for tracing the record; (c) The fee, if prepaid has been correctly assessed, in accordance with the scale laid down in Schedule A. (2) Whenever an application is made for a copy of a civil judgment for the purpose of appeal, the applicant shall be informed that a copy of the decree is also necessary and he shall be supplied with such copy, unless he declines to pay the necessary fees, in which case a certificate, under the signature of the officer-in-charge of the copying department, shall be endorsed on the copy of the judgment supplied to the applicant to the effect that he was duly informed that a copy of the decree was also necessary, and after being so informed, declined to pay fees for the same. (3) The applicant who applies for a copy of an appellate judgment for the purposes of a second appeal shall be intimated that a copy of the trial Courts judgment is also necessary and the procedure of sub-rule (2) shall, as far as may be, apply to such an application. 13. Rejection of applicationIf an application is rejected or is not in order, or if for any reason it is not possible to prepare the copy asked for, the application may be filed after being kept pending for fifteen days, or returned by registered post if the applicant has paid extra fee for registered post or V.P.P. NoteThe Court-fee label of forty paise affixed to the application shall be destroyed by the Copying Agent in the presence of the Copying Supervisor in the manner laid down in Rule 39. 14. Presiding Officer to be consulted in case of doubtIf it is clear that the copy can be supplied as a matter of routine and the application is in order, the officer receiving the application shall order the copy to be prepared. If, however, he is doubtful on any point he shall put up the application for the orders of the District and Sessions Judge or the Register of the Small Cause Court, as the case may be. 15. Duties of Officer receiving applicationIf a copy is ordered to be prepared, the officer receiving the application shall: (a) Endorse or cause to be endorsed thereon the dated and in the case of urgent applications the time of presentation;

(b) Initial the endorsement; (c) Cancel the Court-fee stamps in the manner prescribed in Rule 33; (d) Issue receipt of the application in form C.D. 10; (e) Cause the application to be registered in Form C.D. 2 and the serial number of the register given in red ink on the reverse of the application; and (f) Cause the application to be made over to the Record Keeper if it relates to a decided case, or to Ahlmad, if it relates to a pending cause. NoteThe number of copies asked for, it more than one, shall be recorded in the remarks column of the register in Form C.D. 2. 16. Record Keeper or Ahlmad to make over record on the same or next working day It shall be the duty of the Record Keeper of Ahlmad to see that the records are made over to the senior copyist on the day he receives the application or in the morning of the next working day at the latest. The senior copyist shall maintain a register in Form C.D. 7. 17. Delivery of urgent copiesIf the record, copy whereof is required, is too lengthy to be copies within the fixed time, or if, after sanction of an application for an urgent copy it is found subsequently not possible to supply the copy within the fixed time, the applicant shall be enquired as to whether he agrees to the application being treated as an ordinary application; and, if he so agrees, the difference between the fee paid by him and the fee which would have been payable if the application had been for an ordinary copy shall be refunded. If he still desires to have his application treated as urgent and given priority over ordinary applications, he shall forego all claims to the refund. 18. Instructions regarding preparation of copiesEvery copy, made under these rules, shall: (a) If in English, be invariably prepared on a typewriter; (b) If in vernacular be written in good legible hand, in case it cannot be prepared on a typewriter; (c) Be written with ink of a good quality; (d) Be prepared on Government water-marked paper, except in cases in which copies are allowed on printed forms; (e) Have a margin of one-fourth of the sheet on the left; (f) Be written on both sides of the paper in such a manner that the margin on turning over the page is on the right hand side; (g) Have a space between the lines equal to the second space of a typewriting machine; (h) Have marginal reference to the paging of the original; (i) Be duplicate if more than one copy of the same record is ordered to be prepared at the same time;

(j) Have, as far as may be, the following number of words and lines on each page (i) Typewritten360 words in 35 lines; (ii) English writing240 words in 22 lines; and (iii) Vernacular writing250 words in 22 lines. 19. Heading to be prefixed to copiesTo every copy, made under these rules, shall be prefixed a heading containing the following particulars: (a) the Court or office by which the case was decided, giving the name and powers of the presiding officer and, in an appeal case, the name and official designation of the officer whose order was appealed against, and the date of that order; (b) the date of the institution of the suit, proceeding or appeal, as the case may be; (c) the name, parentage, trade or occupation, and place of residence with tahsil and district of the parties; and (e) the subject matter of the case. 20. Certain copies to be prepared on forms prescribed for original documents Copies of records which are maintained in a tabular or printed form, shall be supplied on the forms used in the Courts. The following are, among others, documents, copies whereof should be given on such forms: Decrees, Notices of ejectment, Criminal charges, Headings of opening sheets in Judicial records. 21. Copy of copyA copy of a copy shall not be supplied unless expressly asked for as such, as, for instance, in order to call question the correctness of the copy granted. The said fact shall be entered in the heading of the copy and marked as the copy of a copy. 22. Stitching of copies in book formIf a copy covers more than one sheet of paper, the sheets of paper, on which the copy is prepared shall be stitched together in a book form, and shall not be attached one to the end of another so as to form a roll. 23. Particulars to be endorsed on copyAfter a copy has been prepared but before it is revised and attested, the following particulars shall be endorsed thereon in the language in which the copy is prepared : (a) The number of the application in register C.D. 2. (b) The date of presentation of the application for a copy.

(c) The name of the copyist. (d) The date on which the copy was completed. (e) The date on which the copy was examined and attested. (f) The cause of delay if the copy has been completed after the third day from the date of the application. (g) The number of words or pages. (h) (1) The cost of the copy as prescribed in the schedule annexed to these rules; (2) Urgent fee; . . . . . . (3) Search fee; . . . . . . (4) Registration and postal charges; and . . . . . . (5) V.P.P. Charges . . . . . . _____________ Total recovery . . . . . . _____________ (i) Date of delivery or despatch. 24. Delay in preparation of copy(1) A copy shall ordinarily be ready by the third working day of the receipt of application, but an urgent copy shall be ready before the close of the same day, if possible, provided the application is presented with the urgent fee within the first two hours of the same day. If the application is presented later, the copy shall be furnished, if possible, in the forenoon of the following working day. Any case of delay shall be verified and certified by the Examiner, or Copying Agent, before the copy is attested and delivered. (2) Any complaint by Copyist or applicant shall be made in writing to the Officer-in-charge who shall take such action thereon as he may deem proper.

COMMENTS Delhi High Court Preparation & Supply of Copies Rules 1972, Rule 15 superseeds Rule 24 of the Punjab High Court Rules of 1965 and hence former not latter governs the matter of supply of copies. Khushbir Singh v. Ajaib Singh, 1982 Raj. LR. 534.

25. Applicant to be informed by post if copy is not expected to be ready on appointed day The applicant shall be entitled to have his copy furnished to him, as far as possible, on the day appointed for delivery of the copy. If, for any reasons, it is not possible to prepare the copy asked for by the appointed day, the Officer-in-charge shall send an intimation by post to the applicant fixing another day for its delivery so that he does not unnecessarily visit the Agency.

COMMENTS Rules 24 and 25 of the Punjab High Court Rules and Orders Vol. IV Chapter 17 are not binding on the subordinate Courts at Delhi inlcuding the copying agencies functioning under the subordinate Courts. Kulwant Kaur v. Jiwan Singh, ILR (1972) 1 Delhi 75.

26. Revision and attestation of copiesEvery copy shall be revised and attested by the Superintendent in an agency under the control of a District and Sessions Judge and by the Clerk of Court in the agency under the control of the Judge, Small Cause Court, Amritsar. 27. Examination, certification and stamping etc., of attested copiesIn the case of applications of attested copies no copy shall be delivered to any person uptil it has been examined, certified, stamped and paged. The examiner shall see that the provisions of these rules have been complied with in all respects. 28. Duties of ExaminerEvery Examiner, before he attests any copy in accordance with the manner prescribed by these rules, shall (a) personally compare such copy with the original record from which it has been made, with the help of the copyist who prepared it, who shall read out the original; (b) attest every alteration made in such copy by initialling the same; (c) examine and initial the endorsement made upon the copy in accordance with these rules; (d) examine the headings and form of the copy, and see that they are in accordance with the law, rules and directions applicable to such copy; (e) see that the provisions of Rule 18 have been fully complied with; (f) see that the Court-fee stamps affixed to copies are punched, cancelled and initialled; (g) make an entry in register C.D. 5 as to the out-turn of the copyist as required by Rule 48. 29. Endorsement on copies by Examiner(1) When the Examiner is satisfied that a copy is correct in all respects and ready for delivery to the applicant, he shall make thereon the following endorsement: Certified to be a true Copy; and shall sign and date the endorsement, and also subscribe his official designation below which he shall make the following further endorsement: Authorised by Section 76 of Indian Evidence Act, 1872. He shall then cause the p roper seal to be affixed to the copy. (2) If the copy more than one sheet of paper, the Examiner shall endorse the word attest on every such sheet, and shall enter his initials and the date thereunder. He shall at the same time cancel the Courtfee stamps, if not already done, representing the cost of the copy.

30. Cancellation of defective copiesIn the event of any copy being found to be unfit for issue by reason, that it: (a) has not been legibly and neatly written; (b) is not in the prescribed form or on paper of the prescribed quality; (c) is so incorrect that revision has rendered it unfit for issue; (d) does not conform to these rules; or (e) is defective or otherwise open to objection, the Examiner shall forthwith write the word cancelled across the copy; and a fresh copy shall be made without further charge. At the same time he shall submit a separate report against the copyist for his carelessness. 31. Examiners signature to denote that he has satisfied himself about accuracy of copyThe affixing, by the Examiner, of a signature to copy is a certificate that the official has personally satisfied himself of its accuracy, and that the copy has been personally compared by him, and is suitable for delivery. 32. Unattested copies of depositions etc.The Copying Agent may deliver, unattested by the Examiner, of the record specified in item 9 of the Schedule annexed to these rules. 33. Register C.D. 6 and guard-file and punching and cancellation of stamps(1) The Copying Supervisor shall maintain a register in Form C.D. 6 for payments received by money order or through V.P.P. He shall convert all such payments into Court-fee stamps. Affix them to the application, and then cancel them by punching out the figure-head so as to leave the amount designated on the stamp untouched. The part removed by punching shall be burnt or otherwise destroyed. As an additional precaution, the cancelling officer shall affix his signature and the date across each label, at the time of cancellation, in durable ink. (2) After complying with the formalities laid down in sub-rule (1) the Copying Supervisor shall hand over the application to the copying Agent by obtaining his receipt in the register maintained in Form C.D. 6. (3) The money order and V.P.P. coupons shall be pasted in a separate guard file and numbered serially. 34. Register C.D. 8, search fee, duties of copying agents, etc.(1) Copying shall in no circumstances be allowed access to the Record Room and the records shall be made over to the Copying Agent by the Ahlmad or the Record Keeper according as the case is pending or a decided one, and receipts taken in the Register maintained in Form C.D. 8. (2) The Record Keeper shall recommend on the application itself that a search fee of fifty paise should be imposed in every case in which an unreasonable amount of trouble has been caused in finding the original record by the failure of the applicant to give correct particulars, and this fee shall be

recovered as part of the copying fee in Court-fee stamps and affixed to the application concerned. Such Court-fee labels shall also be punched and cancelled as provided in Rule 33. (3) If it is not possible or desirable to send the file to the Copying Agency, the file-fetcher shall, if possible, be given the particular record only from the file, by obtaining receipt from him. (4) The Copying Agent shall be responsible (i) that no file is taken out of the copying room by any one; (ii) that all files are locked up in an almirah with the key in his possession before leaving office; (iii) for the proper and equal distribution of work among the copyists; (iv) for the proper maintenance of accounts, and preparation of return; and (v) for the regular and proper delivery of copies. 35. Despatch or delivery of copiesCopies when prepared shall be delivered or despatched by the Copying Agent. 36. Recovery of fee by Copying Agent(1) The Copying Agency, before delivering a copy, shall make sure that all fees chargeable according to the Schedule annexed to these rules have been only recovered. (2) In cases of refusal to pay the Copying fee wholly or partly, either personally or when sent by V.P.P., the Copying Agent shall arrange to recover the same in accordance with the provisions of Rule 53. (3) The Copying Agent, before any copy is delivered, shall endorse thereon the date of delivery and verify the cancellation of the Court-fee stamps. 37. Refunds(1) In the following cases, the refund of Court-fee stamps [or cash] tendered in the payment of copying fees shall be allowed in cash under orders of the Office-in-charge, provided an application for refund is made [within three months of the refund becoming payable]
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(a) when an application for a copy has been rejected; (b) when an application is withdrawn before a copy has been prepared; (c) when for any reason it is not possible to prepare the copy asked for; (d) when an excess payment is made [* * * * *]
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(e) under Rule 17; and (f) when the applicant takes delivery of a copy personally and applies for refund of the V.P.P. or registeration charges already deposited under Rule 11(3).

NoteThe refund shall be subject to the deduction of six paise in a rupee or a fraction of a rupee in the cases mentioned in clauses (a) and (b) above. (2) Refunds shall be made on Form C.D. 9 by the Copying Supervisor out of his imprest, which shall be recouped by means of a contingent bill on the last working day of the month or earlier, if necessary, as in the case of the permanent advance. The contingent bill shall be classified as debitable to head L.II.H. Misc. Deduct Refund. The refund vouchers in Form C.D. 9 shall be prepared in all cases in which a refund is actually made either in person or by money order. (3) The particulars entered in the refund bill shall be verified by the Copying Agent, countersigned by the Copying Supervisor and the pay order passed by the Officer-in-charge. (4) All the refund order shall be cancelled at the time of recouping the advance. The word Cancelled shall be written in red ink, or stamped with a rubber stamp of suitable size across each order, by the Copying Agent, and initialled by the copying Supervisor. The refund vouchers not exceeding Rs. 25 in amount shall be retained. (5) When the applicant is not present in person, the amount refundable to him shall be remitted by money order, at his expense, but when the balance of any deposit received by money order and converted into Court-fee stamps, amounting to less than twenty paise, remains unclaimed personally for fourteen days, it shall be disallowed. [(6) Account Register in Form CD-13 and Refund Register in Form CD-14 shall also be maintained.]
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38. Procedure when applicant fails to receive copies on appointed day(1) Should the applicant be not present when first called to receive the copy, his copy shall be kept pending delivery for ten days. After ten days the copy with the application shall be filed and the copy shall not be given to him unless a fresh application with a forty paise Court-fee stamp is made. (2) In the event of failure to put in a fresh application referred to in sub-rule (1) action under Rule 53(2) shall be taken to recover the balance due, if any, against the applicant. (3) If a copy is required to be despatched by post or V.P.P. it shall be despatched as soon as it is ready. (4) The copying Agent shall maintain a separate register in Form C.D. 11, in which he shall enter the balance of fees recoverable in each case and refused V.P.Ps. and from which he shall prepare the statement required by Rule 53(2). 39. Limitation for preservation of sanctioned applications and destruction of cancelled stamps by Stamp AuditorSanctioned applications for copies shall not be destroyed until a stamp auditor has audited the records and registers concerning them or until the expiry of three years, whichever is later. At the end of this period or after the audit, if the audit is not completed within three years, the Officer-incharge shall have such applications destroyed in his presence and shall certify their destruction in the manner prescribed in Rule 27 of the Punjab Stamp Refund Renewal and Disposal Rules, 1934. 40. Account of service postage stampsService postage stamps shall be supplied to copying Section and an account shall be kept therefore. The serial number of register C.D. 2 shall also be recorded in the despatch register maintained for this purpose.

41. Constitution of copying agenciesWhile the District and Sessions Judges and the Judge Small Cause Court, Amritsar, shall be responsible for the supply of copies, there shall be an officer-in-charge in each of these agencies, as follows:
Agency (A) All District and Sessions Judges Courts. Officer-in-charge (i) The Additional District and Sessions Judge, or the Superintendent when there is no Additional District and Sessions Judge. (ii) The Registrar of the Court.

(B) Court of Small Causes, Amritsar.

42. Copying Supervisor and ExaminerThe Superintendent in District and Sessions Judges Court and the Clerk of Court in the Court of Small Causes, Amritsar, shall be the Copying Supervisor and the Examiner in the Copying Agencies of their respective Courts. 43. Copying AgentThe Senior Copyist in each agency shall be the Copying Agent and filefetcher and shall be subject to the control of the Copying Supervisor. 44. Pay and leave rules applicableThe Copyists, shall be on the cadre of permanent pensionable establishment, shall be eligible to subscribe to the provident fund, shall receive such pay as may be sanctioned by the State Government from time to time and in the matter of leave shall be governed by the Punjab Revised Leave Rules, 1936. The Punjab Civil Services Rules shall also be applicable to them. 45. Qualifications for appointment of CopyistsThe Copyists should be qualified for both English and vernacular copying work and will be eligible for appointment to regular permanent pensionable establishment, if otherwise qualified. No person shall in future be appointed as copyist unless he possesses the minimum educational qualifications prescribed for recruitment to a clerical ministerial post in Chapter XVIII-A of High Court Rules and Orders, Volume I. 46. Number of copyists and their daily out-turn(1) The number of copyists, as fixed for each agency shall not be varied except with the sanction of the High Court. (2) The following minimum daily out-turn is prescribed for each copyists : Words Pages Typewritten 7,200 20 Handwritten (1) English 3,600 15 (2) Vernacular 3,750 15 ExplanationThis standard includes the work of comparison of the copies prepared by each copyist with the Examiner.

(3) The Senior Copyist acting as Copying Agent and file-fetcher shall be required to give only half the standard prescribed in sub-rule (2). (4) The working hours of the staff working in Copying agencies shall be each such as may be fixed by the High Court from time to time for the staff of the Courts subordinate to it. 47. Employment of copyists on other work for short periodsIf for a short period, e.g., during the month of September, there is not sufficient copying work, copyists shall with the permission of the District and Sessions Judge, or the Judge Small Cause Court, as the case may be, be employed on some other work. 48. Register of daily out-turnA register of daily work done by copyists shall be maintained by each copyist in Form C.D. 5. The register shall be written up daily by the Examiner who shall, at the end of the month, prepare a statement and submit a report on the adequacy or inadequacy of the monthly outturn, of each copyist to the District and Sessions Judge or the Judge, Small Cause Court, Amritsar, as the case may be. 49. Character rollsCharacter rolls of the copyists shall be maintained in the same manner as are kept in the case of other Clerks. 50. Head of account to which pay of copyist shall be chargedThe pay of copyist shall be charged to minor head Copying Agencies (District and Sessions and Small Cause Court) under the major head 21Administration of Justice. 51. Inspection by District and Sessions Judge or the Judge, Small Cause Court, AmritsarThe District and Sessions Judge or the Judge, Small Cause Court, Amritsar, as the case may be, shall examine the registers of his copying department once a month (a) to see that copies are supplied within the time prescribed in Rule 24 unless for some special reasons extra time was allowed in any particular cause; (b) to see that Court-fee is correctly affixed to the copies; and (c) to take necessary measures to enforce compliance of these rules. 52. SupervisionThe Copying Supervisor shall be in immediate charge of the internal organization of the copying agency and shall be responsible for discipline and control of the copyists and other staff. He shall witness all refunds, and receive cash payments for the purpose of converting them into Court-fee stamps. He shall hold a permanent advance of such amount may be considered sufficient by the District and Sessions Judge or the Judge, Small Cause Court, as the case may be. He shall report to the officer-incharge or where he himself is the officer-in-charge to the District and Sessions Judge on all complaints and cases of deriliction of duty on the part of any member of the copying agency, Record branch or Court staff. He shall examine registers daily, deal with delays and whenever he proposes to recoup the imprest he shall render an account to the officer-in-charge. 53. Accounts of income in Register C.D. 3(1) A separate income account shall be kept by the Copying Agent in Register C.D. 3 in which each days income shall be recorded by the Copying Agent and totalled monthly.

ExplanationThe daily income means all payments received daily, whether copies for such payments have been made or not. (2) After the close of each month the Copying Agent shall prepare a statement showing the cases in which the fee or any portion thereof remains to be realised. The statement shall be checked by the Copying Supervisor and submitted to the Collector through the District and Sessions Judge or Judge, Small Cause Court, as the case may be, for recovery of fees as arrears of land revenue. (3) The Copying Agent shall keep a duplicate copy of the statement referred to in sub-rule (2) with him and shall be responsible for reminding the Collector at regular intervals. NoteOnly cases in which a copy was prepared more than 10 days back or in which a copy, sent out by V.P.P. has been refused shall be included in this Statement. 54. Permanent Advance Register C.D. 4The Permanent Advance Register C.D. 4 shall be kept and maintained personally by the Copying Supervisor. This imprest is intended for refunds and contingent expenditure. 55. Drawing of establishment chargesThe establishment charges shall be drawn on the usual establishment bill forms. 56. Income and expenditure account(1) A separate monthly account of income and expenditure shall be kept in the Court of each District and Sessions Judge and Judge, Small Cause Court, Amritsar, in Form C.D. 12. (2) A copy of the monthly account referred to in sub-rule (1) shall be submitted to the High Court by the 15th of the following month. 57. Compilation of statement for the whole State(1) The total income of the copying agencies that is the copying fees excluding search fees, if any, shall be credited to the head XIVStamps. (2) In order to enable the Accountant-General, Punjab, to afford credit of such receipts to the head L.IIC. Misc.Copying Agency Accounts, the District and Sessions Judge and Judge, Small Cause Court, shall, immediately after the close of the financial year, submit to the High Court a statement of receipts of the copying agencies of their Courts for the year to which it relates. (3) The High Court shall on receipt of the Statement referred to in sub-rule (2) compile a statement for the whole of Punjab State and send it to the Financial Commissioner, Punjab, who shall specify the amount of discount allowed to stamp vendors and forward the statement to the Accountant-General, Punjab. (4) The Accountant-General shall credit the net amount (after deducting the discount intimated by the Financial Commissioner) to the head L.IIC.Misc.Copying Agency Accounts. 58. Copies of translationsWhere a copy is asked for in English or Vernacular but in a language other than that of the original, the copying fee shall be as indicated in Rule 61 whether a translation is already in existence on the file or not. Such applications shall be entered in the ordinary register C.D. 2 in which applications for copies are entered, and shall be distinguished by the letter T.

59. Special TranslatorThe District and Sessions Judge and the Judge, Small Cause Court, Amritsar, shall, if the work is sufficient, appoint special translator for the work otherwise he shall entrust the work to any clerk (not a copyist) in addition to his own duties, provided that he does the work after office hours. 60. Procedure when translation is not on recordWhere a translation is already in existence, the translator shall copy such translation and check it. Where a translation is not in existence, the translator shall make a translation, place it on the record, and copy it for the applicant. 61. Translation chargesThe translation charges payable in Court- fee stamps shall be as follows : For first 200 words or under 75 paise For every additional 100 words or a fraction thereof 40 paise 62. Translator to be paid half the translation fee(1) The translator shall receive half of the fees mentioned in the preceding rule, payments being made in cash out of the imprest of the Copying Supervisor and re-couped as Refunds. (2) The Examiner shall attest the Correctness of the copy in the usual way, but such copies shall be distinctly noted in the heading to be copies of a transation. Necessary entries shall be made in Registers C.D. 2 and C.D. 3. 63. Application of Punjab Copying Agency ManualIn so far as these rules make no provision or make an insufficient provision on any subject and a provision is made on that subject in the Punjab Copying Agencies Manual (1947), as amended from time to time, the provision made in the said Manual shall, with necessary modifications, apply to the extent it is not inconsistent with these rules.

[SCHEDULE (See Rule 11)

6

(a) Fee charged/or ordinary Attested CopiesOn an application for Ordinary Attested Copies Rs. 5/- per page irrespective of number of words/lines shall be charged and a uniform extra fee of Rs. 10/shall be charged as Processing Fee. (b) Fee charged for Urgent Attested Copies9On an application for Urgent Attested Copies, i.e.. Copies to take precedence of other copying work, Rs. 5/- per page irrespective of number of words/lines shall be charged and a uniform extra fee of Rs. 25/- shall be charged as Processing Fee.]
1. Substituted vide Notification No. 209/DHC/Rules Dated 15-9-1988. 2. Words added by Notification No. 23/Rules/DHC dated 9-2-1996. 3. Substituted vide Notification No. 23/Rules/DHC dated 9-2-1996. 4. Words by mistake omitted vide Notification No. 23/Rules/DHC dated 9 -2-1996. 5. Added vide Notification No. 23/Rules/DHC dated 9-2-1996. 6. Substituted vide Notification No. 134/Estt./E-6/DHC dated 6-8-2001 (w.e.f. 6-8-2001).

CHAPTER 18
Ch. 18]

Libraries
Instructions regulating the supply, care and custody of books of reference, Acts of the Legislature and legal periodicals required for use of Civil Criminal Courts under the High Court. 1. Books of reference, Acts of the Legislature and legal periodicals required for the use of civil and criminal Courts are to be obtained as follows : (a) Books of reference and Acts of the Legislature entered in the lists in paragraphs 4 and 5 in the Appendix to these rules may, subject to budget provision, be purchased from any law publisher in India. Books not on the lists cannot be purchased without the previous sanction of the High Court and no book can be added to the lists without similar sanction. (b) District and Sessions Judges alone have the power to sanction purchase of prescribed books for their own Courts and Courts of Small Causes and Courts of Subordinate Judges under paragraph 20.8 (Serial No. 18) of the Punjab Financial Rules, Volume I. Payment, however, will be made by a District and Sessions Judge only in respect of books required by him or by an Additional District and Sessions Judge, by a Senior Subordinate Judge in respect of books required by him and by all Subordinate Judges in his district, and by a Judge, Court of Small Causes, in respect of books required for that Court, the expenditure, in each case being debited to the grants for Other Contingencies under District and Sessions Judges, Subordinate Judges for Courts of Small Causes, as the case may be, in respect of which the officers named are disbursing officers under paragraph 20.8 (Serial No. 1) of the Punjab Financial Rules, Volume I. Criminal Courts other than those of Sessions Judges being under the control of the District Magistrate for purposes of budget, will be governed by the procedure laid down in Chapter 7 of the District Office Manual. (c) Acts of the Legislature, Codes and Manuals as published by the State Government are supplied free of cost by the Controller of Printing and Stationery, Punjab, to Courts approved by the State Government. (d) Acts of the Legislature and all official publications of the Government of India and Governments of other States are obtained on payment from the Superintendent of the Press or Book Depot of the Government concerned, the cost being debited to 57-MiscellaneousCost of Books and Periodicals where payment is required to be made by book adjustment, or as provided in sub -paragraph (b) where cash payment is required to be made such payment being remitted either by money order, or by cheque on the State Bank of India or on any other local bank or Remittance Transfer Receipt, direct to the Superintendent, Government Printing, or to the Book Depot, of the Government concerned. This applies also to all Codes and Manuals, etc., issued by the Comptroller and Auditor General and his subordinate audit officers, and by the Defence Department.

(e) Indian Law Reports, all series, which are also official publications of the various Governments in India are obtainable and paid for as provided in sub-paragraph (d). (f) The Indian Post and Telegraph Guide and the Telephone Directory are to be obtained on cash payment from the post and Telegraph Department. 2. Nothing in the foregoing instructions is to be deemed to sanction the purchase of any book from a publisher not in India. Special application must be made to the High Court in the event of it becoming necessary to obtain for any Civil or Criminal Court a book not procurable in India, whether such book is or is not on the lists of approved books. In submitting such applications the District and Sessions Judge or the District Magistrate, as the case may be, should specify the name of the Publisher, the published price, and whether budget provision is sufficient to meet the cost of the book and all incidental charges connected therewith. Such books will not be purchased by placing an order direct with the publisher but by addressing the indent to the Director General, India Store Department, Government Building, Bromyard Avenue, Acton, London, W 3, it is possible to obtain them at a discount on publishers prices. 3. The responsibility for the existence of sufficient budget provision to meet the cost of books. Acts and legal periodicals purchased under these rules rests entirely with the disbursing officers, that is, the District and Sessions Judge, the District Magistrate, the Judge Court of Small Causes, and the Senior Subordinate Judge, as the case may be. These officers are also responsible to see that adequate provision for books admissible to Courts under these rules is suggested at the time of the preparation of budget estimates each year. 4. The following minimum books have been prescribed by the High Court for the library of each Civil and Criminal Court: ABooks for libraries of every Civil Court (1) Annotated editions of (a) The Code of Civil Procedure. (b) The Indian Evidence Act. (c) The Indian Contract Act. (d) The Indian Limitation Act. (e) The Specific Relief Act. (f) The Punjab Pre-emption Act. (g) The Court-fees Act. (h) The Indian Registration Act. (i) The Punjab Land Revenue and Tenancy Act. (j) The Indian Stamps Act, 1899.

(k) The East Punjab Urban Rent Restriction Act, 1949. (1) The Indian Penal Code. (m) The Code of Criminal Procedure. (2) Rattigans Digest of Customary Law, 2nd Customary Law or Riwaj-i-Am of the district. (3) Civil Digest of the Punjab Record and Indian Law Reports, Punjab Series. (4) Manuals on (a) Muhammadan Law. (b) Hindu Law and Usage. (5) The All-India Civil Court Manual. (6) The Punjab Code. (7) The High Court Rules and Orders, Volumes I, II, IV and VI-A. (8) Punjab Law Reporter. BBooks for libraries of every Criminal Court (1) Annotated editions of (a) The Indian Penal Code. (b) The Code of Criminal Procedure. (c) The Indian Evidence Act. (d) The Indian Stamps Act, 1899. (2) Criminal Digest of the Punjab Record and Indian Law Reports, Lahore Series. (3) The Punjab Code. (4) Criminal Acts in force in the Punjab. (5) The High Court Rules and Orders, Volumes III, IV and VI-B. (6) A handbook for Magistrates by Rai Sahib Lala Labhu Ram. (7) Punjab Law Reporter.

Only those annotated editions of Acts, Codes, Digests and Manuals prescribed for libraries in this paragraph will be obtained as are specified in the Appendix to these rules. 5. The Appendix to these rules contains lists of books which may be purchased in accordance with paragrpahs 1 and 2 for various classes of Civil and Criminal Courts in addition to those mentioned in paragraph 4. A new edition on publication or vernacular edition of any work may be substituted for the edition or work specified in the lists. 6. The arrangement of libraries of Criminal Courts other than Sessions Courts will be governed by the instructions contained in Chapter 7 of the District Office Manual. 7. An accession register shall be maintained in all District and Sessions Courts and Courts of Small Causes in respect of books, Acts and other publications supplied or obtained for their use, and all Senior Subordinate Judges Courts for these Courts and all Subordinate Judges in the same district. The accession register maintained in Senior Subordinate Judges Courts shall contain separate lists for each Court of Subordinate Judge to which books, etc., have been supplied by the Senior Subordinate Judge, a copy of such lists being supplied to the presiding officer of each such Court; similar procedure will be adopted where a District and Sessions Judges Court supplies books to an Additional District and Sessions Judge and where a Court of Small Causes supplies books to an Additional Judge of Sub-Court. The accession register which should be a blank register carefully rules out, will contain the following columns : (a) Serial number. (b) Name of work. (c) The edition or date of publication. (d) The cost, if any. (e) Date of receipt. (f) Date when it ceases to be in the Court library, and reason for same, e.g., transfer, weeded out, lost; etc. (g) Remarks. 8. As soon as a new book is received either by purchase or otherwise it must be stamped on the title page and in several places in the volume with the seal of the purchasing or receiving (if not by purchase) office and entered in the accession register and when any book has from any cause ceased to be in the library of any Court a note should be made in the accession register of the manner in which it has been disposed of. 9. Presiding Officers of Courts will be held personally responsible for arrangement made in accordance with these rules for the custody of books and the maintenance of accession register and lists. The following officials shall hold charges of the library of a Court under the control of the Presiding Officer :
Court Official-in-charge

(i)

District and Sessions Judges Court. Court of Small Causes. Senior Court. Subordinate Judges

Superintendent and English Clerk.

(ii) (iii)

Clerk of Court. Clerk of Court.

(iv)

Subordinate Judges Court

Reader.

In the cases of (i) to (iii), the Presiding Officer may appoint any other clerk to assist the official-in-charge without any lessening of the responsibility of the latter, provided that the Reader in each case shall hold charge of books kept in a Court room for the Presiding Officers daily use and provided further that in no case shall a menial be required to perform any responsible duty connected with the custody of books other than what may ordinarily be expected of a menial. These officials shall be personally responsible to the Presiding Officer for the proper arrangement of books, for their receipt and issue, and for their protection from insects, etc. They should ensure that all books are removed from almirahs or other place of keep at least once a quarter and thoroughly dusted; the most convenient way to do this where large libraries are maintained is to remove the contents of shelves in rotation at fixed intervals, say, of a week or ten days, so that the turn of each shelf will come round at least once in three months. 10. It will be the duty of the Reader to each Court to see that no unauthorised persons are allowed to remove or otherwise tamper with the books in the Court room. He shall see that the Court room is locked before he leaves for the day. 11. A peon or an orderly of each Court will be responsible for the dusting of the books of the library or the Court room and he shall see that the dusting is done without disturbing the order of books. 12. No book shall be issued from the library without a written requisition for it. The requisition will be placed where the book was and should be destroyed or returned when the book is restored to its place. If a book is not returned, the official-in-charge as described in paragraph 9 will enquire for it and invariably submit monthly reports to the Presiding Officer of books removed and not returned. 13. Each series of Law Reports and other legal periodicals published serially will be kept on a separate file till the series is complete and when it is complete be bound into volumes and brought on to the accession registers and lists. 14. All correction slips to various Acts, Manuals, Codes and Rules and Orders of the High Court, shall be inserted as soon as they are received. To ensure that this is done in respect of the Rules and Orders of the High Court, a register shall be maintained in each Court by the officials named in paragraph 9 in which the number and date of every correction slip received shall be entered with the date of receipt also noted therein : they will have the entry, attested by the Presiding Officer of the Court in token of the correction slips having been pasted in the relevant volumes, and the Presiding Officer must see that no undue delay occurs in such pasting. 15. When a change of Presiding Officers of a Civil or Criminal Court takes place, the relieving officer will satisfy himself on taking over charge of office that the library of the Court is complete, that

the books are in good condition and that the accession registers or lists, as the case may be are up-to-date. Any deficiencies will at once be brought to the notice of the Court to which he is subordinate. 16. Once a year, as soon after the 1st January as possible, every Presiding Officer of a Civil Court shall submit through the District and Sessions Judge for the orders of the High Court, a list of books and publications which he thinks should be weeded out of his library. Books so weeded out with the sanction of the High Court shall be sold in the local market and the proceeds credited in the local treasury under the head XXIAdministration of JusticeMiscellaneous. All books sold to private persons must be endorsed sold with signature on the title page. Care must be taken by all concerned that no book is suggested for weeding out unless it is quite clear that it is of no use and that orders by the High Court for the sale of weeded out books is subject to the condition that the books are not of any use to other Courts or officers in the District Criminal Courts will act in this matter as provided in Chapter 7 of the District Office Manual. 17. The books in the library of every Court shall be checked annually in the month of March by the Presiding Officers and the result reported to the District and Sessions Judge and the District Magistrate by Civil Courts and Criminal Courts, respectively. The District and Sessions Judge and the District Magistrate shall then by the 31st of the same month, report to the High Court the result of the check including that of their own Courts. All Presiding Officers should remember that these annual inspections must not be performed perfunctorily. 18. Personal responsibility must be fixed for all losses of books and in doing so regard shall be paid whether the rules for the care, custody and checking of books have or have not been observed by all concerned. The State Government have decided that they will not hesitate to recover the cost of missing books from those concerned where the loss is found to be due to any failure even on the part of a Presiding Officer, to comply with rules. It will only be when personal responsibility is not enforceable that losses will be written offby the High Court where District and Sessions Courts and other Civil Courts are concerned, and by the Commissioner or the Deputy Commissioner where Criminal Courts are concerned, under paragraph 20.17 (Serial No. 6) of Punjab Financial Rules, Volume I. 19. Inspecting Officers should be careful to satisfy themselves that the accession registers or lists prescribed in these rules or in the District Office Manual, as the case may be in regard to a Civil Court or a Criminal Court, respectively are properly kept up, that the books, Acts and periodical publications are complete and in good condition, and that where Acts and periodical publications are required by these rules to be bound, they are duly bound into volumes.

APPENDIX LIST OF BOOKS AND ACTS WHICH MAY BE SUPPLIED TO COURTS IN THE STATE SUBJECT TO THERE BEING BUDGET PROVISION TO MEET THE COST
NoteNew editions or publications of any work mentioned in this list may be substituted for the edition or work here specified. Vernacular editions of any work specified in the list are included.

Part I (For the use of every Civil and Criminal Court)

1. Acts of the Legislature. 2. Indian Evidence Act (Woodroffe and Amir Ali or Sarkar or M. Monir), or commentary on the Evidence Act, by V. B. Raju in 3 Volumes, or the Law of Evidence by H.R. Mehta. 3. Income Tax Act (Sundaram or Pal, or S.C. Manchanda and S. K. Aiyar). 4. Law relating to Motor Vehicles in India, by K. C. Chakarabarty. 5. Punjab Code. 6. Punjab Records (Judicial part only). 7. Indian Law Reports (all series). 8. Complete Digest of the Punjab Case Law by A.N. Khanna and Vaid Vyas. 9. Punjab Digest, by Shamair Chand and Sagar Chand. 10. The Punjab Digest, by Anand Mohan Suri and Hari Das Suri. 11. Indian Digest (Civil, Criminal and Revenue); Quinquennial Digest, Decennial Digests and Yearly Digests by Chitale and Iyer. 12. High Court Rules and Orders, six volumes. 13. Concise Law Dictionary by Durga Parshad (English and Urdu). 14. Universal Ready Reckoner by C.W. Dudani and U.W. Dudani. 15. Concise Oxford Dictionary. 16. Rahnuma-i-amal-i-Muharran by Bhagat Singh. 17. Notable Judgments of Judge Young, edited by Bankey Behari and Siri Ram. 18. The Punjab and North-West Frontier Province Acts (Civil, Criminal and Revenue) by R. Narayanaswami lyer, and Anant Ram Khosla, or the Punjab Acts (Civil, Criminal and Revenue) by Shamair Chand, N. N. Sahni, Hari Dass Suri and Anand Mohan Suri, or Commentaries on the Punjab Act by Tek Chand, Harbans Lal Sarin and Kundan Lal Pandit. East Punjab Acts by Harbans Lal Mittal. 19. Indian Stamp Act, by Abdul Haque, or Pratt and Mulla or Chitaley and Appu Rao or the Indian Stamp Act by Gurdial Singh, Advocate and Vidya Prakash, Pleader.

20. A Treatise on the Law of Contempt of Court by Tek Chand. 21. Annual Medical List published by the Punjab Medical Council. 22. The Cantonments Act, 1924, and the Cantonments (House Accommodation) Act, 1923 by Jagan Nath Puri. 23. Holy Bible. 24. For Necessary Action speeches and Judgments by Sir Douglas Young edited by Shri Ram and V. M. Kulkarni. 25. Desais All-India Comparative Tables. 26. Table showing the corresponding dates of the Christian Era and the Hindi and Bankers Era by Rahmat Elahi. 27. Cross-examination by Daulat Ram Prem. 28. A.I.R. Manual by Chitaley and Appu Rao. 29. Punjab Land Reporter. 30. Current Law Journal. 31. Our Judicial System by Honourable Mr. Justice G.D. Khosla. 32. Punjab Gram Panchayat Act by H. S. Ahluwalia. 33. Municipal Law and Practice in the Punjab by Shri Lakhi Singh. 34. A Commentary on the Prevention of Food Adulteration by J.P. Gupta. 35. (Act XXXVII of 1964).

Part II (For the use of every Civil Court, in addition to works in Part I).
1. Code of Civil Procedure (Mulla or V.V. Chitaley and K. N. Annaji Rao or Sarkar). 2. Contract Act and Specific Relief Act (Pollock and Mulla) or the Law of Contracts by T.S. Venkatesa Iyer or Indian Contract Act by G. N. Sinha. 3. Indian Sale of Goods Act (Pollock and Mulla) or Om Parkash Aggarwal and Iyer or Rameshwar Dial or Ramaiyas Sale of Goods Act by Singhel.

4. Specific Relief Act (Sarkar or Hamam Singh or Ram Lal Anand and Iyer) Law Specific Relief by O.P. Aggarwal. 5. Limitation Act (Diwan Chand Obhrai or Rustomji or Chitaley) or U.N. Mitras Law of Limitation and Prescription in British Indian including Easements or Limitation Act by S. Row and revised by Mr. Krishana Swami, in two volumes. 6. Court-fees and Suits Valuation Acts in India & Pakistan (A.N. Khanna) or the Law regulating Court-fees and Jurisdiction (Students abridged edition) by D.C. Obhrai or Chitaley and Appu Rao. 7. Stamp Law (in Urdu) by Girdhari Lal. 8. Provincial Small Cause Courts Act, by Bhaumik or Mitra or Rangachariar, or Motiram & Sukhdev. 9. Registration Act (Rustomji or Mulla or Krishnamchariar) or Chitaley and Annaji Rao. 10. Usurious Loans Act (Walsh). 11. Negotiable Instruments Act (C.L. Aggarwala or Bhashyam or Khergamvala). 12. All India Civil Court Manual (Sanjiva Row) or the Civil Court Manual (published by the Madras Law Journal Office). 13. Punjab Courts Act (Shamair Chand and H. C. Mittal). 14. Punjab Pre-emption Act (Ellis or Sir Shadi Lal) or Rattan Lal Gupta. 15. Punjab Municipal Act with Small Towns Act and Executive Officers Act by Hari Chand or Municipal Law and Practice by Beazley or Punjab Municipal Act 1911 by Prem Dutt Mody. 16. Punjab Tenancy Act (Ram Lal or Arjan Das or Om Prakash). 17. Punjab Land Revenue Act (H.C. Mittal, Arjan Das or Om Parkash). 18. Hindu Law (Mulla). 19. Wilson's Angli-Muhammadan Law or Mulla's Muhammadan Law. 20. Marriage and Dower under the Mohammadan Law by Mirza Mahabub Beg. 21. Marriage and Dissolution of Marriage is Muslim Law by Muhammad Jamil. 22. Digest of Civil Law for the Punjab (Rattigan). 23. Customary Law in the Punjab by Om Parkash Aggarwal. 24. Transfer of Property Act (Mitra or Mulla) or (Chitley and Annaji Rao).

25. Law relating to mortgage in the Punjab (Rust). 26. Law of Execution (Krishanamchariar or Bhaumik). 27. Law of Torts (Rattan Lal, Bhopatkar or Iyer). 28. Rahnuma-i-Amla-Tamil by Bhagat Singh. 29. Law of Partnership by Tirth Das Sehgal or Indian Partnership Act by Pollock and Mulla or Sir M.N. Mukerji or S. K. Dutt or Law and Practice of Partnership and Private companies in India by K. L. Gauba, H. D. Suri and S. K. Iyer or Om Parkash Aggarwal. 30. Punjab Relief of Indebtedness Act by Khalifa Shuja-ud-Din and N.K. Iyer or B.K. Khanna or by R.B. Ch. Chhotu Ram or by Ram Rang Chhabra. 31. Customary Law Series (as published). 32. Handbook of procedure and every day civil law by Chhajju Ram. 33. Punjab Debtor's Protection Act by Kidar Nath. 34. Hire-Purchase, by V.S. Nayyar and C.L. Varma. 35. Relief Legislation in the Punjab by Khuda Bakhsh and Abdul Haque. 36. Easements and Licenses by K.N. Joshi, or Law of Easements by Amin and Sastri. 37. The Law Lexicon of India complied and edited by P. Ramanatha Aiyar and published by the Madras Law Journal Office. 38. Law of Arbitration by Sardari Lal Bhatia. 39. Law and Practice of Conveyancing by Sir Jai Lal or S. K. Dutt's Law of conveyancing in India. 40. Indian Soldiers (Litigation) Act by B.L. Goswamy. 41. Punjab Agricultural Produce Markets Act, 1939 by Abdul Haque. 42. Evacuees Legislation by P.S. Bindra or Administration of Evacuee Property Act by Bhiwani Lal and Harbans Lal Mittal or Evacuee Act, Ordinances Notifications by R.R. Chhabra or Anand Mohan Suri or H. L. Sarin. 43. Evacuee Interest (Separation) Act, 1955 and Displaced Persons (Debt Adjustment) Act, 1951 (No. LXIV and LXX of 1951) by Bhiwani Lal and Harbans Lal Mittal, or Evacuee's Acts, Ordinances and Notifications by R.R. Chhabra or Law relating to Administration of Evacuees Property by Anand Mohan Suri and H.L. Sarin.

Part III (For the use of every Criminal Court, in addition to works in Part I)
1. Law of Fatal Accidents in India, by M.M. Aslam Khan. 2. Indian Penal Code (Rattan Lal or Gour or Raju). 3. Code of Criminal Procedure (Sohni or Mitran or Ranganadhaiyer, or Dr. Nand Lal, or V.V. Chitaley and K.N. Annaji Rao). 4.' Indian Police Act (Roy or M.K.A. Khan or Hari Rao). 5. Public Gambling Act (Ram Lal Anand). 6. All India and Punjab Public Criminal Acts, by D.R. Prem, or Local and Special Laws (Criminal) by Bhup Chand Seth, or Criminal Court Manual (Imperial Acts) published by the Madras Law Journal Office, or all India Digest, 1931-1940 1941-50Second Decennial (Criminal) and Yearly Digest, published by Madras Weekly Notes Offices. 7. Administration of Cantonments (Linclon). 8. Police Diaries and Statements (M.K.A. Khan). 9. Handbook for Magistrates by R.S.L. Labhu Ram. 10. Medico-Legal Court Companion (Major Cox). 11. Outlines of Medical Jurisprudence (Lyon). 12. Tylor's Medical Jurisprudence. 13. Classification and Uses of Fingers Prints (Henry). 14. Criminal Practice by D.R. Prem. 15. Law relating to bails in criminal matters by Ram Lal Anand. 16. Roy's Arms Act Manual or Khan's Law of Arms and Explosives or Indian Arms Act by B.K. Khanna or Prem's Law of Arms and Explosives and Law and Practice of Arms and Explosives by R.B. Sethi. 17. Law relating to Electricity in India and Burma by S.K. Aiyar. 18. Extradition Manual, 1944, by Daulat Ram Prem. 19. Prem's Law of Defence of India.

20. Prem's Law and Methods of Police Investigation. 21. Criminal Investigation by S.N. Vinayek. 22. Law of Private Defence by Moitra. NoteAn officer exercising both Civil and Criminal powers will only be supplied with one annotated copy of each work contained in the above list.

Part IV [For the library of (1) District and Sessions Judges and (2) Senior Sub-Judges or Additional Judges, in addition to the works in Parts I, II and III]
1. A second annotated edition of Indian Penal Code. 2. A second annotated edition of Criminal Procedure Code. 3. A second annotated edition of Civil Procedure Code. 4. Negotiable Instruments Act (by Bhashyam and Adiga or Diwan Chand Obhrai, or Chiranjiv Lal Aggarwal or Khergamvala). 5. Land Acquisition Act, by Ghosh or Row's Law of Land Acquisition Compensation by J.P. Singhal. 6. Guardians and Wards Act, by B.B. Mitra or Manohar Lal Sachdeva or Guardian and Wards Act and Indian Majority Act with Law of Minors by Iyengar. 7. Law relating to Minors by Trevelyan or Pradhan. 8. Companies Act by Ghosh or Sarkar or Nand Lal Bhalla and Krishna Iyer. 9. Law of Transfer of Property in India (Gour) or Transfer of property Act by Darashaw Jivaji. 10. Law of Mortgages by Ghosh or Sachdeva. 11. Copyright Act and Regulations, 1914 and Laws relating to Press in India, by G.K. Roy. 12. The Law of Copyright in India by H.C. Mittal and B.D. Jain. 13. Legal Practitioner's Act by Chakravarti or Ram Lal Anand or Tek Chand or Law relating to Legal Protection in India and Pakistan by P.B. Iyer. 13-A. Advocacy, Its Principals and Practice, by P.K. Soonawala. 14. Professional Ethics, by P.R. Sundra Aiyar.

15. Provincial Insolvency Act by L. Subrahmanaya Sastri or A. Ghosh or Mulla or Rameshwar Dial. 16. Indian Succession Act (Act XXXIX of 1925) by N.C. Sen Gupta or Basu or P.L. Paruck. 17. Indian Railways Act, IX of 1890, by Mehta and Shah or P.S. Bindra. 18. Law of Carriers and Railways by Lahiri. 19. Law of Arbitration by D.C. Bannerji or by D.C. Obhrai or by Shambu Dayal Singh. 20. Law of Compromise in India by Srivastava. 21. Law of Principles of Co-operation in India by Calvert. 22. Stamp Law and Practice by Lincoln. 23. Jail Manual. 24. Police Rules. 25. Police Reports and Investigation by M.K.A. Khan, or Police Diaries, Statements, Reports, Investigation and Arrest by Krishnamurthi. 26. Police Diaries and Statements by M.K.A. Khan. 27. Law of Accomplice and Approver by M.K.A. Khan. 28. Registration Manual. 29. Law of Excise in the Punjab, by Pindi Das and Des Raj Bhasin. 30. Law of Contract by Leake. 31. Principles of Contract by Pollock. 32. Anson on Contracts. 33. Digest of the Law of Partnership by Lindley. 34. Law of Agency by Bowstead or Katiar. 35. Hindu Law by Mayne or Gour or S.V. Gupta. 36. Muhammadan Law by Amir Ali or Tyabji or Saxena. 37. Treatise on Customary Law in the Punjab by Rustomji. 38. Central Punjab Customs by N.H. Prenter.

39. Law of Torts, by Pollock or A Treatise on the Principles of the Law of Torts by J.P. Gupta. 40. Mayne on Damages, or A Treatise on the Damages and Compensation in India, by C. Kameswara Rao. 41. Kerr on Fraud and Mistake. 42. Banking Law and Practice in India, by M.L. Tandon. 43. Tagore Law Lectures (as published). 44. Cantonment Laws in India by Kidar Nath. 45. Science of Jurisprudence by Salmond. 46. Conflict of Laws by Dicey. 47. Doctrine of Res Judicata by Bower. 48. Mogha's Pleadings and Pleadings and Practice by N.A. Bindra. 49. Law of Estoppel by Bower or Everest and Stroud. 50. Law of Injunctions by Kerr or Basu. 51. Treatise on the Law of Easements and Licenses in India (Katiar). 52. Principles of Equity by Snell. 53. Common Law by Odgers. 54. Maxwell on Interpretation of Statutes. 55. Forbes Hindustani and English and English and Hindustani Dictionary. 56. Platt's Hindustani Dictionary. 57. Standard English Urdu Dictionary by Abdul Haq. 58. Law Lexicon by Wharton. 59. Stroud's Judicial Dictionary. 60. Legal Maxims by Broom. 61. All India Consolidation Digest (Criminal) three Volumes by Desai. 62. All India Consolidation Digest (Civil) 9 Volumes by Desai.

63. Pal's Civil and Criminal References. 64. Desai's Index of Cases Judicially noticed. 65. A compilation of orders on the subject of the personal conduct of Public Officers in their relation to Government by G.K. Roy. 66. Time and Fare Table of Northern Railway or in the case of districts served by Railways other than the Northern Railway, the time and Fare Table of the Railway concerned. 67. Law of adoption in India and Burma by J.L. Kapur. 68. Dr. Nand Lal's Law and Doctrine of Res Judicata. 69. Workmen's Compensation Act by P.R. Aiyar and S.K. lyer or by Narinjan Singh Keer or by A.G. Clow. 70. Commentaries on the Indian Trusts Act by S.K. Aiyar (as an alternative to Law or Trusts in India) comprising one of the series of Tagore Law Lecturers in item 43 above or Indian Trust Act by Om Parkash Aggarwal. 71. Northern Indian Canal and Drainage Act (R.N. Rao). 72. Hindu Law applicable to the Punjab (Rust). 73. Benami Transaction (Ghosh) or Law of Benami Transactions by Varkoba Rao. 74. The Constitution of India. 75. Contested Documents and Foregeries (Breweser). 76. Law and Procedure of Execution (Bhaumik). 77. Finger Print (Brewester). 78. Police Finger Print Bureau Manual. 79. Law of Fraud and Fraudulent Transfer (Dhodhi). 80. Law of Gift in India (Bimla Charan). 81. Indian Partition Act (Balwant Singh). 82. Law of Promissory Notes (Aiyar). 83. Law of Provident Fund (Dutt). 84. Law of Receivers (Basu).

85. Law relating to Official Receiver (Rao). 86. Law of Insurance by Bishan Nath or an Exhaustive and Critical Treatise on Insurance Law by Rameshwar Dial. 87. Laws of India by Daulat Ram Prem. 88. The Legal Phrase Book for Indian Shorthand Writers, and Rapid Methods in Recording Numerals by P.G. Subramania lyer. 89. Rent Restrictions in the Punjab by H.L. Sarin and K.L. Pandit or Law of Rent Restriction in the Punjab by Shri Jugal Kishore Goenka. 90. Vinayak's Criminal Investigation. 91. Rent Acts, Delhi, Ajmer and Punjab etc. by Tara Chand Aggarwal. 92. Prem's Civil Practice. 93. Century Digest of Statutory Notification 1854-1954 by Shri B.L. Goswami. 94. Commentry on Hindu Succession Act, 1956 (Act 30 of 1956) by Rameshwar Dial. 95. A Help Book on Pension Rules in Central Civil Service Regulations by K.C. Wadhawan. 96. Hindu Marriage Act (XXXV of 1955) by P.S. Bindra. 97. Law and Principles of Co-operation (Punjab) by Bishamber Dass Vij.

Part V (For the library in Parts I to IV) of District and Sessions Courts in addition to works

1. Dr. Nand Lal's Penal Law in India. 2. Indian Divorce Act (Rattigan) or the Law and Practice of Divorce by S.C. Manchanda. 3. Raydon on Divorce. 4. House Owners and Tenants in Cantonments (Lincoln). 5. Law of Compulsory Land Acquisition and Compensation or Ghosh's Land Acquisition Acts. 6. A Handbook of the Law relating to Press in India by G.K. Roy. 7. Law of Torts, by Salmond, Clerk and Lindsell, lyer. Underbill or Rattan Lal.

8. Smith's Leading Cases. 9. White and Tudor's Leading Cases on Equity. 10. The Shorter Oxford English Dictionary. 11. Wills on Circumstantial Evidence (Indian edited by Krishnama-chariar). 12. Law and Practice of Elections and Election Petitions by Pandit Nanak Chand and other or Mital's Election Practice. 13. Election CasesIndia and Burma 1920-1935 by Hammond and Election Law Reports. 14. Law (K. Venkoba Rao). Relating to Place of Entertainment and Amusement

15. Kerry's Indian Sale of Goods Act. 16. Kerry's Partnership Act. 17. Encyclopaedia of the General Acts and Codes of India (Published by Buttorworth and Co., India Ltd.) 18. Law of Identification (M.K.A. Khan). 19. Law of Homicide and Hurt in British India (Rust). 20. Law of Confessions (Roy or M.K.A. Khan). 21. The Payment of Wages Act (H.L. Sarin). 22. Prevention of Corruption Act by Jawahar Lal Kapur and Yogin Chand Pandit and Prevention of Corruption Act with Criminal Law (Amendment) Act by Sethi and Anand. 23. Constitution of India by Chitaley and Rao, 3 Volumes.

Part VI (For the library of District Magistrates in each District within the limits of which Military Forces are stationed and for the library of each Cantonment Magistrate.)
1. Army Regulations, India Volume 2 Discipline. 2. Army Act. 3. An Authorise Work on Military Law. 4. House Owners and Tenants in Cantonments by Lincoln.

Part VII (For the library of District Magistrates only)

1. Law and Practice of Elections and Elections Petitions by Pandit Nanak Chand. 2. Election Cases in India and Burma 1920-1935, by Hammond. 3. Law relating to places of entertainment and amusement (K. Venkoba Rao) 4. Law of Identification (M.K.A. Khan). 5. Law of Homicide and Hurt in India (Rust). 6. Law of Confessions (Roy or M.K.A. Khan).

CHAPTER 19
Ch. 19

Correspondence
Part A]

Part GENERAL DIRECTIONS

1. Correspondence with High CourtAll communications to and correspondence with the High Court should be in English, and should be addressed to the Registrar of the Punjab High Court at Chandigarh. 2. DittoThe orders contained in Punjab Government consolidated Circular No. 5 regarding the routine and procedure to be observed in the submission of correspondence, should be carefully observed by all officers of the Judicial Department. The directions relating to correspondence with the Punjab Civil Secretariat are to be followed, mutatis mutandis, in corresponding with the High Court. Judicial officers are not allowed to correspond direct with the Judges on matters affecting leave, transfer, etc., or other such official questions. 3. Letters(a) Every letter should have at the commencement its number, the name (when possible) as well as the office of both the writer and the officer addressed, and the place from which it is written, and its date. This rule applies as well to copies as to original documents. (b) Every letter should refer to the last preceding letter, if any, on the subject and also give, either as a heading or on the margin, a brief description of the subject; the subject in respect of a judicial case pertaining to the Court which is being addressed, will be the title of the case ( i.e., the class, number and year of the case and the parties' names). This will also be done when reminders are issued to facilitate the quick tracing of cases. (c) Use of service stamps for personal reference not allowedRule 2.42 of the Punjab Financial Rules, Volume 1, enjoins that all references by Government servants on personal matters, such as, leave, leave salary, pay increments, funds, subscriptions, house-rent, posting etc., must be submitted in covers stamped with ordinary postage stamps and not with service postage stamps. When, however, references are forwarded officially by a superior Officer the letter should be treated like any other official communication. (d) Representations by Government servants for settlement of claims etc.In cases of complaints of delays and unnecessary cuts by Accountant-General Punjab, Income Tax Department, P.W.D. and other Government offices, Government servants are at liberty to make a representation to the higher executive authorities of their departments for expeditious settlement of their claim and seeking redress of their legitimate grievances.

(Punjab Government Letter No. 2013-P-56/55959, dated the 7th July, 1956). 4. Margin size and filingCorrespondence should ordinarily be conducted on the 3/4 margin system. The docket size should ordinarily be used. For the filing of correspondence the flat file system will be found to be the most convenient (the size of a halfsheet of foolscap). 5. Loss or damageA report should be made to the High Court through the District and Sessions Judge whenever any judicial records or file or correspondence is found to have been seriously damaged, tampered with, destroyed lost or mislaid. Every effort should be made to replace missing or damaged papers from all available sources. 6. (i) ChalanWhen several papers or records are transmitted under one cover, a list or invoice (chalan) in duplicate, should accompany the parcel. In the case of judicial records each of which has an index to the papers contained in it, the files only need be entered in the chalan but in this chalan the No. and date of the requisition and the class and No. of the case in the Court by which each record is requisitioned, must be given for the convenience of that Court which may not otherwise know the purpose for which the records have been transmitted. (ii) Verification of chalanThe receiving officer should, on receipt, verify the list or invoice with the papers received and return one copy thereof after entering the date of receipt thereon and signing it. If any paper or record entered in the list of invoice has not come to hand, the fact should be noted on each copy of the list or invoice and the despatching office informed of the fact by letter also, as soon as possible. (iii) Checking of judicial records, received with chalanIn the case of judicial records the receiving officer will, after despatching a copy of the list or invoice, subject each record to examination in order to satisfy himself that the papers thereon correspond with those entered in the index; that the papers are not in a seriously damaged state; and that the court-fees are complete and in good condition. If any document or court-fee is missing or damaged, or appears to have been tampered with, intimation of the fact, should be sent, as soon as possible, to the office of despatch. Unless objection is taken within one week of receipt, responsibility will ordinarily be taken to have been transferred to the receiving office (see also Chapter 16, "Records", Part B, regarding the transmission of Judicial Records). 7. Destruction of correspondenceThe destruction of judicial records is governed by the rules in that behalf contained in Chapter 16 "Records" Part F. As regards ordinary official correspondence, routine, and ephemeral correspondence may be destroyed after one year, under the supervision of the head of the office, a note in red ink (under the signature of the head of the office) being made of the fact in the column of remarks of the register. 8. High Court Circulars and correction slips to Rules and Orders All High Court Circulars should be placed, as received, on a file. All correction slips relating to the Rules and Orders should be duly noted and the Volumes kept up-to-date. 9. Correspondence with places abroadSpecial directions regarding judicial communications intended for places outside India will be found in High Court Rules and Orders, Volume I, Chapter 10, Volume III, Chapter 9-C and 16 and Volume IV, Chapter 7-F and 8-C. 10. Precepts of High CourtFurther instructions regarding compliance with the precepts of the High Court will be found in Chapter 20.

11. Other referencesInstructions regarding the submission of building references will be found in Chapter 22, Judicial buildings, and with regard to submission of the annual budget in Chapter 21, 'Budget'. Attention is also drawn to Chapter 7-C, paragrapph 4 and Chapter 7-E, paragraph 8 on the subject of correspondence. 12. All letters received from mercantile bodies, firms, private individuals, etc., not under Government, should be replied to unless they are in reply to communications from the High Court or office itself and call for no further action. If there is likely to be any delay in disposing of such letters, an ad-interim acknowledgement should be sent as soon as possible. The acknowledgement should ordinarily issue in the form below.

I .. A reply will follow.

to acknowledge the receipt of your letter No. . . . . . . dated the . . . . . . . . . . . . . .

(Punjab Government Letter No. 3937 P.G. 41/58974, dated 12th November, 1941).
Part B]

Part VERNACULAR WITH JUDICIAL MATTERS

CORRESPONDENCE

B CONNECTED

1. When correspondence in vernacular advisableThe rule regarding correspondence being ordinarily conducted in English is not intended to require the use of the English language when the vernacular language is obviously the most expeditious and convenient vehicle of communication. 2. For instance, if a Judicial Officer requires further information on some subject from a subordinate in an adjoining district, he should so word and engross his enquiry in the Vernacular that the same sheet of paper which he sends may be forwarded to such subordinate, through the agency of, but without troubling, the Deputy Commissioner or District Judge of that District; and be returned, in the same way, with the information endorsed on it, but leaving no trace of itself but the receipt in the letter despatch book. 3. Correspondence regarding arrest and transmission of offendersSimilarly, whenever offenders have to be arrested or transmitted, a vernacular papers is the most convenient medium, so that there may be no mistake in the name and residence of the party, but the same paper which is sent will be received back with the proper endorsement. 4. Public notices and proclamationsIn like manner, when offenders have to be proclaimed or public notice given of any fact, the proclamations or notices should be prepared by the officer who has occasion for them in the jail press or elsewhere; he should use a proper selection in determining the places where the notices are to be published, and will then forward them by a vernacular docket to District Officers, Officers-in-charge of Sub-Divisions or Tahsildars, as the case may be, taking care not to entail on the office receiving the notice any more trouble than is involved in executing the order, and in endorsing the fact on the docket, and returning it.

5. English figuresEnglish figures alone shall be used in all official papers prepared and registers maintained in the Judicial Department, except in the case of vernacular summonses or notices, or in the vernacular judgments of Judicial Officers, or in vernacular translations of English Judgments. 6. Judicial orders and processes: Signatures and address of the officersJudicial Officers are reminded that, as a rule, every order passed by them, and every process issued from their Courts under their signatures, should be signed in full, with the name of their office, or the capacity in which they act, whether as Judge, Magistrate, Deputy Commissioner, etc. The practice adopted by many officers of endorsing important orders and issuing robkars with only the initial letters of their names and these often illegible, causes much inconvenience and it should be avoided. 7. Vernacular correspondence between officers of different ranksVernacular correspondence between an officer of superior rank and an officer of lower rank shall be conducted by parwana on the part of the former and by arzi on that of the latter. A Tahsildar or other officer of superior rank, when corresponding with an officer of equal rank with himself, will make use of the robkari form. The use of the word 'tum' should be avoided; the word 'ap' being used as far as practicable.

Part C THE USE OF RUBBER STAMPS FOR SIGNATURES IN OFFICIAL CORRESPONDENCE

Part C]

1. Rubber stamps for signatures not allowedThe Honourable Judges have observed the use by a certain District and Sessions Judge of a rubber stamp in place of signatures in correspondence addressed to this office. 2. This procedure in official correspondence, even in matters of a routine natures is objectionable for obvious reasons. Full signatures should always be affixed by the forwarding officer to all correspondence addressed to this Court. 3. When letters may be signed by an officialShould it not be possible for the forwarding officer to sign all letters, they should be signed for him by some responsible official.

CHAPTER 20
Ch. 20]

Compliance with the High Court Precepts

1. Language of preceptAll precepts issuing from the High Court are in English. The process or order enclosed within the precept for service or compliance is, in cases in which the parties are Indians, issued in the Vernacular. 2. Language of endorsement of returnIf in any case it is found inconvenient to make the endorsement of return of a precept in English, there is no objection to its being made in the Vernacular. In most cases, however, no difficulty should be found in making the return to the precept in English. The endorsement on the process or order of service or compliance (as the case may be) may be made in Vernacular. 3. Precept to be treated urgentExtreme inconvenience is caused by the failure on the part of lower Courts to attend promptly to High Court precepts, and orders should be issued to prevent such precepts from being lost sight of or treated in a leisurely or routine fashion. In criminal cases precepts are invariably urgent matters. 4. Papers sent to be entered in Despatch RegisterA Despatch Register should be maintained in each subordinate Court, showing records and other papers despatched (on requisition) to the High Court. The number and year of the case noted in the precept of the Court should be entered in the Register, and the number in the Register should be noted on the reverse of the precept, with the date of despatch of the records. 5. Despatch of connected recordsIt occasionally happens that in transmitting records all connected records are not submitted. In order to ensure the despatch of all the necessary records and papers, the Reader of every original Court should be required to attach a list of connected records to each original record, this list being initialled by the Reader. When a case is called for, the Record-keeper will then be able to decide at once what records it is necessary to despatch. The Record-keeper should be held responsible that no record of a decided case is received in his office without the list of connected records being attached, and that when a case is called for by an appellate Court all such records are despatched. 6. Checking of records received from High CourtIntimation should be given direct to the Registrar, within one month of the receipt of records returned from the High Court if, in any record, any papers, stamps or Court-fees are found to be missing, damaged or incomplete, otherwise than as noted on the "State of Record Sheet" transmitted with the record. Unless such intimation is given in due time the office of the High Court will not be held responsible.

7. Transmission of records to High CourtIn transmitting records to the High Court, the instructions regarding the preparation of an index and the transmission of records should be carefully complied with, and the list of the records should be submitted in duplicate. An indication must be given in the list of the No. and date of the requisitio and of the class and No. of the case in the High Court for which the records are transmitted. On receipt of the records in the High Court the Superintendent of the Judicial Branch will fill in columns 10 and 11, and return the duplicate copy to the office of the despatch. When the records are returned by the High Court, the receiving office will fill in columns 15 and 14 in the original list, and will return it for record as an acknowledgement. 8. Packing of records sentRecords despatched to the High Court should be packed in an inner cover of paper tied across with tape and secured in an outer cover of coarse cloth. During the rainy season wax-cloth should, if possible, be used for the outer covering. All parcels should be securely closed and sealed. 9. Despatch of connected recordsBefore records are despatched in civil or criminal cases they should be carefully examined with the chalan, and all the records of connected cases to which reference is made in the judgment of the Original Appellate Courts should also be sent up, as well as any special records and papers called for. In criminal cases care should be taken to see that the Police reports (first and intermediate) accompany the records. 10. Extract from Settlement records to be sentWhere an extract from the settlement records is not with the records it should be prepared and put up before despatch. 11. Requisition for records should be promptly complied withRequisition for records must be complied with within a week of the receipt of the precept or docket calling for them, except where compliance is desired by return of post. If there is likely to be delay in forwarding a record, or a record is still required by a lower Court, the fact should be intimated at once and the probable date of despatch of the record given.
12. High Court notices to be promptly servedNotices issued by the High Court in civil and criminal cases should be served and returned with promptitude.

CHAPTER 21
Ch. 21

Budget
Part A]

Part GENERAL

1. IntroductoryThe Punjab Budget Manual contains detailed instructions in regard to all matters concerning the preparation of budget estimates. This manual should be consulted whenever any question regarding the budget arises. The instructions given below are intended only for a brief summary of the principal points to be borne in mind by judicial officers in dealing with expenditure. 2. Sanction and budget provision necessary for expenditureThe mere fact that budget provision exists is no authority for incurring expenditure. Sanction of competent authority must in all cases be obtained before any expenditure is incurred; and the sanctioning authority must ascertain whether budget provision exists before according sanction. 3. Heads of departments, controlling and disbursing authoritiesFor the purposes of these rules the Head of the Department, Controlling Officer, and Disbursing Officer for each major or minor head of accounts concerning the Judicial Department shall be the authority named in the following statements:
1 2 3 4 5

Major Minor Heads including Disbursing Officer sub-heads thereunder Heads including group heads

Controlling Officer

Head of Department

thereunder

27 Adminstration Justice

AHigh Court of

Registrar, High Court

Registrar, High Chief Justice Court of the High Court

ECivil Courts

and

Session

1. District and Sessions District and Sessions Judges Judges

District and Chief Justice Sessions Judges of the High Court Ditto Ditto

2. Subordinate Judges

Senior Subordinate Judges

3.

Process-serving District and Sessions Ditto establishment, District Judges and Session Judges Courts Process-serving Senior establishment, District Judges and Session Judges Courts Subordinate Ditto

Ditto

4.

Ditto

5. Circuit and Sessions District and Session Houses Judges FCourts Causes of

Ditto

Ditto

Small Judges of Small Cause Ditto Courts Deputy ners CommissioDitto

Ditto

GCriminal Courts

Ditto

4. Responsibility for the preparation of the statements of estimated revenue and expenditure, as well as for applications for supplementary grants, or demands for excess grants lies with the Controlling and Disbursing Officers shown above.
Part B]

Part PREPARATION NEW EXPENDITURE

OF

BUDGET

ESTIMATES

AND

SCHEDULES

B OF

1. EstimatesAll demands for supply in the ensuing year must be entered in one of the following estimates: (1) Estimates of Ordinary Charges. (2) Schedule of New Expenditure. (3) Supplementary Schedule of New Expenditure. (4) List of Major and Minor Works. The list of Major and Minor Works is dealt with in Chapter 22-A.

2. Budget FormsBudget forms are supplied direct to District and Sessions Judges and Deputy Commissioners by the Finance Department. On their receipt, these officers should take immediate steps to collect the necessary material for compilation of the estimates. If forms are not received in time, copies should be typed from the specimens in the Budget Manual. 3. Date of submission of estimatesThe dates for submission of the estimates are printed at the top of the budget forms, and are also given in Appendix D of the Budget Manual. Controlling and Disbursing Officers are responsible for seeing that estimates are submitted punctually on the date fixed. 4. Classification of items of the estimatesThere is room for considerable misconception in the matter of distinguishing items which should appear in the estimates of ordinary expenditure and in the Schedule of New Expenditure, and particular care is necessary in this respect. The principle which should guide officers in deciding whether expenditure of a particular kind is to be included in the estimates of ordinary expenditure or in the Schedule of New Expenditure is laid down in detail in paragraphs 5.1, 5.4, 7.1, of the Budget Manual. The Schedule should be drawn up Form B.M. 16. 5. Estimates of ordinary expenditureParticular attention is drawn to the following points in connection with the estimates of ordinary expenditure:

Pay of Officers and Establishment

(i) Provision should be made with reference to the pay due on April 1 and increment which may be due during the year. (ii) The estimate should be supported by a nominal roll, prepared separately for gazetted and non-gazetted officers, showing the pay to be drawn by each officer during the year for which the estimate is made. (iii) The number of posts should be carefully checked. Any variations in the number of posts or pay should be explained, a reference being given to the orders of Government, if any. (iv) Permanent and temporary establishment should be shown separately. (v) Special care should be taken to show voted and charged expenditure separately.

Miscellaneous expenditure
(vi) All variations must be clearly explained in a separate note.

(vii) For fluctuating expenditure, the modified grant and last year's actuals should be taken as a guide, regard being had to any extraordinary expenditure had or anticipated. (viii) No change may be made in the contract contingent grants without the previous sanction of Government. (ix) with the estimates of ordinary expenditure estimates should be submitted for (a) Rewards for examinations in oriental languages. (b) Official publications the cost of which is adjusted, on the books of the Accountant-General, and not paid in cash.These estimates should be submitted in accordance with paragraphs 5.18 and 5.14 of the Budget Manual. (x) Under the head "Other contingencies" provision should be made for the cost of (a) Survey maps. (b) Bicycles. (c) Law books (including official publications) paid for in cash. 6. Schedule of New ExpenditureFor any item which it is proposed to include in the Schedule of New Expenditure, administrative approval must be obtained in good time before the Schedule is submitted. Any item not supported by administrative approval (which should be clearly quoted) will be automatically cut out. 7. Order estimatesIn addition to the estimates mentioned in paragraph 5 above, the following statements are also required: (1) Forecast of stores likely to be purchased through the High Commissioner in England. (2) Estimates of leave and deputation allowances to be drawn from the Home Treasury. (3) Stationery to be obtained from the Controller of Printing and Stationery, Punjab. (4) Estimates of advances payable to Government servants, e.g., house building, conveyance and purchase of typewriters.

(5) Estimates of superannuation allowances, pensions, and commuted value of pensions. Provisions should be made for all articles of Stationery which are obtainable from the Controller of Printing and Stationery so as to reduce local purchases of such articles to a minimum. Local purchases, due to a failure to make proper budget provisions are frequently brought to light during audit. 8. Instructions should be strictly followedAlthough the personal attention of District and Sessions Judges has been drawn to the necessity of complying with these instructions the Judges regret to notice that the estimates received continue to exhibit the same defects as before. The only conclusion to be drawn is that little or no trouble is taken to read and understand these instructions. 9. Importance of punctual submission of correct estimatesOwing to the submission of estimates to the Legislative Assembly on a fixed date, a great burden is thrown upon the Finance Department of the State Government in collecting and co-ordinating estimates received from all departments throughout the State within a time which is comparatively short for the work involved. The late submission of a single return relating to one head delays consideration of all the other returns which may have been received in time. Incorrect classification makes submission of the estimates in the form required by Assembly impossible; and when errors cannot be corrected at headquarters, the result is a final estimate which may lead to a reduced allotment of funds. 10. Common errorsThe Honourable Judges trust that District and Sessions Judges will bear these considerations in mind, and after taking a note of the dates on which the various estimates are due, they will themselves personally insist on the preparation of estimates by their office before these dates. Among errors which are most frequently noticed are the failure to distinguish between voted and charged expenditure, the failure to submit the names and designations of officers and the lack of explanations for variations in expenditure proposed compared with the modified grants for preious years. These are the principal omissions, but there are many others of the same kind which occur. Punishment has already been awarded to the ministerial officers responsible for delays, errors and omissions. It is, however, necessary to repeat that disciplinary action will again be taken if serious irregularities continue to occur.
Part C]

Part APPROPRIATIONS AND RE-APPROPRIATIONS

1. Primary units of appropriationWhen a grant has been voted by the Legislative Assembly, the amount voted, together with any sum assigned to the sum major head or heads of account which does not require the vote of the Assembly, is communicated to the Head Court by the Finance Department in the shape of lump sums allotted under minor and sub-heads of account distributed under one or more of the following heads:

Primary Units of Appropriation

1. Pay of Officers. 2. Pay of Establishments. 3. Travelling allowances. 4. Other allowances and honoraria. 5. Contingencies. 6. Grants-in-aid, contributions and donations. 7. Works. 8. Assignments and compensations. 9. Establishment charges paid to other Governments, Departments, etc. 10. Reserve. 11. Suspense. 2. Appropriation of the supplyOut of the supply allotted in each primary unit of appropriation, the High Court, and any officer to whom it has distributed supply, has full power to appropriate sums to meet expenditure falling under that unit, provided that: (a) supply provided for charged items of expenditure must not be appropriated to votable items, and without the previous consent of the Finance Department, supply provided for voted items must not be appropriated to charged items; (b) supply must not be appropriated to any item of expenditure which has not been sanctioned by an authority competent to sanction it; (c) supply shall be appropriated only to objects for which the grant is sanctioned;

(d) no expenditure shall be incurred without previous approval of competent authority on objects the demands for which have been specifically refused or the provisions for which has been specifically reduced either by the legislature or by the Government; (e) supply shall not be appropriated towards expenditure which should be met from a contract contingent grant beyond the amount specified in the grant. 3. Re-appropriationNo re-appropriation can be sanctioned by Controlling or Disbursing Officers, except from one secondary unit to another secondary unit subordinate to the same primary unit. 4. DittoOther re-appropriations require the sanction of the High Court, and are subject to the same rules as those set out in paragraph 2 above. 5. Application for additional appropriationApplications for additional appropriations shall be prepared in Form B.M. 33 and shall set forth the particular primary unit of appropriation, the provision for which has been exceeded or is likely to be exceeded. 6. ReasonsThe reasons for the insufficiency of the appropriation and remarks regarding re-appropriations should be given in the form by the Disbursing Officer, and also, if necessary, by Controlling Officer, and the Head of the Department. No separate re-appropriation statement or covering letter is required. 7. Additional appropriation already sanctioned should be mentionedIf the amount shown in column 2 includes any additional appropriation already sanctioned during the year, the number and date of the order sanctioning it should be quoted. 8. Submission of the applicationThe application will be numbered and dated by the Disbursing Officer, and subject to paragraph 11 below, forwarded through the Controlling Officer to the High Court. 9. Duty of forwarding authorityThe officer forwarding the application should endeavour to suggest a source of re-appropriation; and if he is competent to sanction it himself he should do so, instead of forwarding the application. 10. Prompt submission of the applicationAll applications for additional appropriations must be submitted by the Disbursing Officer as soon as the necessity can be foreseen and should not be postponed. 11. Additions to contract contingent grantsIn the case of applications for additions to contract contingent grants for the current year only, the Disbursing Officer should report the savings, if any, from his grant for the previous financial year.

Part D]

Part CONTROL AND DISTRIBUTION OF GRANTS

1. Communication of grant to the High CourtAs soon as the Legislative Assembly has voted a grant, the Finance Department communicates to the High Court the amount so voted, together with any sum assigned to the same major head or heads of accounts which does not require the vote of the Assembly. The amounts are communicated in the shape of lump sums allotted under minor and sub-heads of account and distributed over such of the prescribed primary units of appropriation as may be necessary. Such grants are communicated not latter than the 15th April in each year. 2. Grant for pay of officers and establishmentGrants under the primary units of appropriation "Pay of Officers" and "Pay of Establishment" which represents the cost of permanently sanctioned posts borne on State Service's Scales, are regarded as supply distributed by the Finance Department, and are not distributed. 3. Distribution by High CourtThe High Court, out of the supply allotted to it, distributes among the Controlling and Disbursing Officers concerned in such manner as may appear suitable (a) any portion of the grants for the primary unit Travelling Allowances. (b) any portion of the grant under the primary unit Contingencies other than sanctioned contract grants. (c) any portion of the grant under the primary units Other Allowances and Honoraria, Works, Contributions, Suspense or Reserve as is not excluded from distribution (see paragraphs 10.5 and 10.6 of the Punjab Budget Manual). 4. ReserveThe High Court may in carrying out such distribution retain a portion of the grant as a reserve in its own hands. The distribution is carried out not latter than the 15th May in each year. 5. General Control of High CourtThe High Court exercises general control over the actual expenditure incurred against grants communicated to Controlling and Disbursing Officers. Article 55 of the Audit Code lays down that the authority administering a grant and not the Audit Department is ultimately responsible for keeping expenditure within the grant. For this purpose monthly statements are prepared and forwarded to the Accountant-General for reconciliation. Both the Head of the Department and the Accountant-General are responsible for reconciling differences and correcting misclassifications. The High Court may issue such instructions to Controlling and Disbursing Officers in this matter as may appear necessary for carrying out the duty of control.

Should the grant under any minor head appear likely to be exceeded, the High Court will arrange for the excess being provided by a reappropriation or, if necessary, for the sub-mission of a supplementary demand. 6. Duty of controlling Officer to prevent expenditure beyond grantThe Controlling Officer is primarily responsible for watching the progress of expenditure against grants allotted to him under each primary unit of appropriation concerned and for taking necessary steps to prevent expenditure in excess of a grant (a) by transfer from one Disbursing Officer to another under his powers of appropriation within the primary unit of appropriation. (b) by exercise of his delegated powers of re-appropriation ; (c) by application for an excess grant under the prescribed rules as soon as the necessity arises for this course. The Accountant-General will on request supply him with the same information as to progress of actuals as is given to the High Court, and he may all for returns from Disbursing Officers. 7. Duty of Disbursing OfficerThe Disbursing Officer is the officer directly responsible for the expenditure incurred against the grants allotted to him under each primary unit of appropriation. He shall keep a close watch over the progress of expenditure, and in no case watch over the progress of expenditure, and in no case should he allow the appropriation for any unit to be exceeded without obtaining the approval of competent authority. He shall pay prompt attention to any warnings received from the Accountant-General and arrange to submit an application for an additional appropriation as soon as the necessity arises. 8. Money to be spent only on the objects for which sanctionedThe Disbursing Officer is required to utilise the appropriations placed at his disposal only towards-expenditure on the objects for which the grants are sanctioned and, in particular, no expenditure should be incurred without previous approval of competent authority on objects the demands for which have been specifically refused either by the Legislature or by the State Government. 9. Duty of Audit OfficerThe duty of the Audit Officer is to keep a close watch over orders of appropriation and re-appropriation and to pay attention to the progress of expenditure against (1) the grant as a whole, (2) the appropriations for primary units. The Accountant-General will report to the Head of the Department any excesses likely over the grant as a whole.

CHAPTER 22
Ch. 22

Judicial Buildings
Part A]

Part SUBMISSION OF PROPOSALS AND ESTIMATES

1. What are judicial buildingsThese instructions relate to buildings which are purely Judicial and not Judicial and General Administration jointly. The latter (e.g., the District Kutchery) are dealt with under the orders of the Financial Commissioners under paragraph 20.13 of the Book of Financial Powers. All buildings of which the Deputy Commissioner is incharge are General Administration buildings. Purely Judicial buildings include District and Sessions Judges' Courts, Sessions Houses, Courts of Small Causes and Subordinate Judges' Courts and subsidiary buildings attached to them, vide serial No. 6 of paragraph 20.13 of the Book of Financial Powers. Buildings which are both Judicial and General Administration, that is, buildings, which are used for both purposes and are not exclusively applied to judicial purposes (e.g., Sub-Judges' Court located in a Tahsil buildings), and buildings subsidiary to them will, for purposes of additions and alterations, be dealt with the department requiring the larger amount of accommodation, viz., the High Court, through the District of Sessions Judge, or the Financial Commissioners through the Deputy Commissioner, as the case may be. 2. Bar rooms and Waiting roomsAs regards Bar Rooms, that is, accommodation specially provided by the State Government for the convenience of Legal Practitioners, the Punjab Government have decided that Bar Rooms, which are detached buildings even though they may be situated in the compounds of a Tahsil or a Commissioner's office, etc., shall be classified as Judicial buildings under the control and management of the High Court. A Bar Room which forms part of another building, shall be classified in accordance with the classification of that building. Bar Rooms at the headquarters of districts and at outlying stations where there are more Courts than one will be of two classes according to standard plans which have been approved by the Punjab Government and are kept by the Public Works Department, viz., class A for stations where there are more than fifty lawyers, and class B where there are fifty or less. It is intended that Bar Rooms of this description should be situated in a central position within reasonable distance and roughly equidistant from the Civil, Criminal and Revenue Courts. When the Sessions Court is at some distance from the main Kutchery, a separate waiting room and bath room should be provided in the former, and similarly, in the rare cases where any one subordinate Court or block of Courts is far distant from the remainder similar provisions should be made. These waiting rooms will be under the entire control of the Court concerned and will ordinarily be open to respectable litigants as well as to members of the Bar. It should be understood that Bar Rooms and Waiting Rooms so provided will be open only to the members of the recognised local bar associations. 3. ReferenceLocal officers will be guided by Chapters II and III of the Public Works Department Code (2nd edition), and Chapter 7 and Appendix D of the Punjab Budget Manual in the matter of all definitions and proposals relating to works.

4. Procedure to be adopted whenever a work is to be proposedWhenever the necessity for a work other than a petty work, becomes apparent the District and Sessions Judge, before calling upon the Public Works Department to prepare rough plans and estimates for any work, should first of all obtain the consent of the High Court to taking up the scheme. If the Judges are of the opinion that the scheme for any reason is not likely to mature in the near future, they will veto it at this stage. Consent to proceed having been obtained, the next move of the local officer should be to prepare, in tabular form, a statement of accommodation required, and to convey, in a brief note, any remarks he may wish to make about special features and design, and whether cheapness, appearance or finish is a primary consideration. The requirements should be formulated as concisely as possible, e.g., so many rooms for accommodating so many officers of a certain standing or records of a certain quantity or other details which the Public Works Department might require to know; but all details which might unnecessarily tie the hands of the Public Works Department should be excluded, e.g., if it is stated that a room for two junior clerks is among the requirements, it need not be stated what its area or dimensions should be. At this stage the Executive Engineer or the Superintendent Engineer should be consulted personally and orally by the local officer himself if the latter has any difficulty in framing his list of requirements, but the system of deputing a subordinate to consult a Public Works Department subordinate should be rigorously avoided. The local officer should then submit his list of requirements to the Executive Engineer according to paragraph 2.10 of the Public Works Department Code; a rough estimate and pencil plan (unless a standard plan exists) will then be prepared by the Public Works Department after which the District and Sessions Judge will take steps to obtain the necessary administrative approval. 5. Submission of proposal of obtain High Courts sanctionIn applying to the High Court for administrative approval, the District and Sessions Judge will see that all proposals for new buildings, etc., are not submitted in a form which fails to explain clearly either the nature of the proposals or the reasons for making them. All proposals should, therefore, be submitted with a self-contained letter describing and nature and extent of the requirement with such plans and maps as may he required to understand them. The High Court should not be left to extricate the details from the plans and estimates supplied by the Public Works Department. When proposals are submitted relating to different Courts, these should be dealt with in separate letter whenever this can be conveniently done. It is sometimes necessary to refer to a scheme relating to several Courts as a whole, but the aim should be to keep works relating to different Courts distinct, and it should be borne in mind that when several proposals are submitted together each of them is likely to be delayed by this course. 6. Limits of High Court's power sanctionCertain powers to accord administrative approval have been delegated to the Judge of the High Court, viz.,(a) Works relating to judicial buildings other than resident buildings to the extent of Rs. 10,000 (that is Minor Works),vide serial No. 5 of paragraph 20.14 of the Book of Financial Powers; (b) Estimates of capital expenditure on the construction or purchase of residences of Government servants of the Judicial Department to the extent of Rs. 2,000,vide serial No. 23 of paragraph 20.13 of the Book of Financial Powers. Power to accord administrative approval in excess of the limits mentioned in (a) and (b) above vests with the State Government. Works under (a) above in excess of Rs. 10,000 are termed Major Works and those up to that limit Minor Works. In the case of alterations to existing residential buildings the power to accord administrative approval vests with

(1) The Superintending Engineer in the Public Works Department circle concerned up to a limit of Rs. 2,000; (2) The Chief Engineer, Public Works Department, up to a limit of Rs. 2,000; and (3) The State Government beyond Rs. 2,000;vide paragraph 20.13 of the Book of Financial Powers. 7. Date of submission of ProjectsLists of Major Works and of Minor Works for the whole of the Judicial Department are prepared annually in the High Court Office and forwarded to the State Government in the Administrative Department not later than the 1st September in each year. No work can be included in the list of Major Works unless it has first received the administrative approval of the competent authority and such approval is operative within the meaning of paragraph 18.16 of the Book of Financial Powers. The rules regulating the preparation and submission of these lists are laid down in Chapter 7 of the Punjab Budget Manual. A project for which funds are required in the following year must be forwarded to the High Court in time for administrative approval to be obtained before the beginning of September. As the preceding months are usually occupied by the Court vacation, it is advisable to forward the completed project for the orders of the Judges at least two or three weeks before the vacation begins. Unless this is done, it will not ordinarily be possible to provide funds during the following year unless (a) the work is a petty one the cost of which can be met from the reserve at the disposal of the Judges for Minor Works or (b) it is of sufficient urgency to justify a demand for a supplementary grant. 8. Allotment of funds for worksFunds for Major Works when voted by the Legislative Assembly are allotted by the State Government to the Public Works Department and that department then begins execution in respect of such works for which funds are assigned. In the case of Minor Works, however, funds are placed at the disposal of the High Court under the head 50Civil Works (Transferred) VotedOriginal WorksBuildings(G) Administration of Justice", and the Judges then proceed to select the works for execution during the year, due regard being paid to the relative urgency of projects and to the amount of funds available. 9. Intimation of adminstrative approval to P.W.D.Intimation of the administrative approvals to Minor Works will be given by the High Court, where the High Court accords such approval, to the Superintending Engineer of the Public Works Department circle concerned to whom also the plans and estimates will be forwarded for disposal under the rules of that department. Funds will either be allotted simultaneously or at a subsequent date when they are available. Such intimations will also be communicated to the District and Sessions Judge concerned. 10. Registers of works approvedIn the High Court registers will be maintained of (a) Major Works and (b) Minor Works in which all works will be entered as administrative approval is accorded and the entries therein will be completed as each event occurs. The registers will contain the following entries :

(a) Major Works

(1) Annual serial number. (2) High Court file number.

(3) Name of work. (4) Number and date of authority conveying administrative approval. (5) Amount of administrative approval. (6) Number and date of authority conveying technical sanction. (7) Amount of technical sanction with cost of "Original Works" and "Repairs" shown separately. (8) Remarks, viz., budget in which provision was suggested and provided, dates of commencement and completion of work, etc.

(b) Minor Works

(1) Annual serial number. (2) High Court file number. (3) Name of work. (4) Number and date of authority conveying administrative approval. (5) Amount of administrative approval with cost of Original Works and Repairs shown separately. (6) Remarks, viz; amount of funds allotted and date thereof. A third register in the prescribed form will be maintained for the purpose of keeping a running account of the allotment for Minor Works placed at the disposal of the Judges in each year.
Part B]

Part SESSIONS HOUSES

1. The following instructions have been issued by these Judges with regard to control over Sessions Houses. 2. ManagementIn accordance with Punjab Government Consolidated Circular No. 28, the management of Sessions Houses is vested in the Sessions Judges concerned. Funds are provided under the head 27Administration of JusticeCivil and Sessions Courts Circuit and Sessions Houses for which they are both the disbursing and the controlling officers,vide Appendix D to the Punjab Budget Manual (Fourth Edition), pages 258-59. 3. District Judges are disbursing officersIt has been brought to the notice of the Honourable Judges that in certain districts the allotment placed at the disposal of the Sessions Judges by this Court is, according to post practice, transferred to the Deputy Commissioners who incur expenditure therefrom on their own responsibility. This is perhaps due to misapprehension of the revised rules. They are, therefore,

pleased to direct that District and Sessions Judges should in future keep the allotment in their own hands, if they so desire. 4. Use of Sessions Houses by other officersIt should be made clear to all concerned that as laid down in the circular quoted, a Sessions House is primarily intended for the use of a Sessions Judge as a Sessions Court for disposal of his judicial work. These officers have therefore the first claim to use the Sessions House. But subject to this condition Financial Commissioners and Commissioners are also entitled to use the buildings when on tour but should first ascertain that it is not required by the Sessions Judge for the trial of cases. The management of Sessions Housed vests with the Sessions Judge whose permission must be obtained before a Sessions House is occupied by any one other than the Financial Commissioner or the Commissioner. When permission is given by a Sessions Judge to any person to occupy a Sessions House it will be subject to the rules given in the circular and to the condition that the occupant will vacate as soon as the building is required by the Sessions Judge, the Financial Commissioner or the Commissioner. The Financial Commissioner will be entitled to the occupation of the whole of the Sessions House while of Official tour. 5. Use of Sessions Houses by other officersWhenever the Financial Commissioner or the Commissioner requires the use of the Sessions House as his residence while on tour, the correct procedure would be for the Deputy Commissioner on his behalf or for the Financial Commissioner or the Commissioner direct to enquire whether cases have been fixed or not. In one instance a Sessions Judge was asked to postpone the cases, if fixed, as the Sessions House was required for the use of the Commissioner and in another case the same request was made as it was wanted by another higher officer, the excuse advanced for this being that Sessions Houses are shown in the list of Rest Houses and could, therefore be used as such by Government officers entitled to the use of Rest Houses. This view of the case is wrong. A Session House can be used as a Rest House only if it is not first required by the Sessions Judge and then by the Financial Commissioner or the Commissioner of the Division.
Part C]

Part COURT FURNITURE

1. ScaleThe following scale has been prescribed by the Judges for the furnishing of the Courts of Subordinate Judges :

Court Room
1. One writing table for Presiding Officer. 2. One table for Counsel. 3. One chair for Presiding Officer. 4. Six office chairs for Counsel. 5. Two office chairs for dais. 6. Matting.

7. Chicks, according to requirements. 8. Durrie for dais. 9. Bench for litigants.

Bathroom
1. Wash-hand stand, with crockery, consisting of bowl, jug, soap di:h and brush dish. 2. Commode. 3. Chamber utensil.

Retiring Room
1. One table with cloth. 2. Two ordinary chairs. 3. One arm chair. 4. One book case. 5. A row of pegs. 6. One durrie. 7. A curtain or curtains (according to requirements). 2. List of furniture for each yearA card must be placed on the wall of each Subordinate Judge's Court, showing the number of article supplied for the room. Inspecting Officers must satisfy themselves that all article are present at inspection; and in particular that chairs, tables and durries are not allowed to wander into office rooms, retiring rooms and residences. 3. Renewal of furnitureThe refurnishing of Subordinate Judge's Courts will be done by District Judges out of their grants. The Presiding Officer of each Court is responsible for seeing that all furniture is maintained in good condition, and he will apply to the District Judge for renewal when required. If any article of furniture is broken or becomes useless, immediate steps must be taken to mend it or replace it, if necessary. When any article is replaced the old article must be destroyed or sold. The storing of broken and useless chairs, etc., in godowns is absolutely for bidden.

CHAPTER 23
Ch. 23

Reports and Returns

Part A]

Part GENERAL

1. Different kinds of returnsThere are four main classes of returns relating to Judicial Work. These are: (i) The statements attached to the Annual Civil and Criminal District Reports, which are combined into the State's statements for the purpose of making a yearly survey of the Judicial administration. (ii) Periodical returns, usually monthly or quarterly, made to the High Court in order that the Judges may keep a check on the progress of judicial business. (iii) Periodical returns made by Subordinate Courts to the District and Sessions Judge or to the District Magistrate for the same purpose. (iv) Returns made to other departments, such as, the Police for their own use. 2. ReferencesThe purpose for which the returns are made should be clearly understood by the officers by whom they are prepared and to whom they are submitted. Annual reports and returns are dealt with in Part B of this Chapter. Classes (ii) and (iii) are dealt with in Part C. Instructions regarding information to be supplied to the police will be found in Part D. 3. ReferencesAppendix I to this Chapter gives a list of the reports and returns which are to be submitted to the High Court, and the dates on which they are due. Appendix II gives a list of returns for which blank forms will be supplied by the High Court without indent.
Part B]

Part ANNUAL DISTRICT CIVIL AND CRIMINAL REPORTS

1. Statements to be prepared strictly according to instructionsThe Annual Civil and Criminal Statement should be compiled with strict attention to the explanatory notes at the foot of the printed forms of each statement. To ensure this being done, reporting officers should each year, on receiving the blank forms, have each note carefully explained to the person whose duty it is to compile the statements, and again, before despatching the statements, satisfy themselves that all instructions as to compilation have been properly observed.

2. (i) Reports accompanying statementsThe reports which accompany the statements should be as concise as is consistent with the omission of nothing that really requires notice or explanation, and should be written on half sheets of foolscap and on one side of the paper only. Half sheets, with printed headings, will be supplied from the High Court office. Where the subject discussed requires more than one half sheet, other half sheets should be tacked on according to requirements. Where a subject calls for no remarks, the half sheet with the printed heading should still be inserted in its place, and enfaced with the words 'no remarks'. The subject heading will ordinarily be as shown in the annexure I to this part. (ii) The Annual District Civil and Criminal Reports should be limited to 15 pages, and the Annual Report of District and Sessions Judges on the work of their own Courts should be limited in the case of the Civil Report to 5 pages and in the case of the Criminal Report to 6 pages; and the rest will be in marginal comments on the reports of District Magistrates. 3. Date of submissionDistrict Magistrates Criminal statements and reports should be submitted to the Sessions Judge not later than the 1st February of each year, the office copies being despatched to the High Court at the same time. The Session statements should likewise be despatched to the High Court not later than the 15th February, and the Sessions Judges' report, with the fair copies of the District reports and statements, should follow not later than the 15th February. 4. Date of submissionDistrict Judges' Civil statements of reports for their own and for Subordinate Courts should be submitted to the High Court not later than the 15th February of each year. 5. Scope of statementsThe statements of Judicial business required annually from the Criminal and Civil Courts of the Punjab comprise : (a) statements prescribed by Governmentwhether Central or of the State; (b) statements prescribed by the High Court for submission by subordinate Court. 6. State's statementsNo special statements have been prescribed by the State Government, but the States' statements submitted by the High Court with the Annual Notes on Criminal and Civil Justice supply more detailed information under many heads than is required by the Central Government, and have been framed so as to supply all information required by the State Government. Excluding subdivisions of statements, there are six Criminal and eleven Civil (including five relating to Sikh Gurdwaras Tribunal five, to the other Civil Courts and one to Insolvency cases). 7. District statementsIn order to obtain the information necessary for the State Judicial Statements and the Annual Reports, statements are prescribed for submission by District and Sessions Courts. These are: 10 Civil Judicial Statements 6 Criminal Judicial Statements (Sessions Judges) 8 Criminal Judicial Statements (Courts subordinate to Sessions Judge). 8. Discrepancies between statements submitted by Police and District Magistrates As serious discrepancies often exist between the annual returns submitted by District Magistrates as to the state of crime in their districts, and the reports submitted by the local Police authorities, the attention of all

District Magistrates is called to the following points with a view to the prevention of such discrepancies in future : (i) In the District returns, cases which have actually been pending since the previous year, are shown as cases reported during the current year. (ii) When a charge is made of one offence, but the accused person is actually convicted of another offence, care is not always taken to note the change, with the result that the returns of the Police and the District Magistrate are mutually inconsistent. Both should, of course, return it as a case of the offence for which the accused stood convicted.; (iii) When Police authorities send in cases for cancellation at the end of the year, just before the Annual District and Police returns are due, it sometimes occurs that District Magistrates continue to cancel cases after their own District reports have been despatched. The result is that a case figures as true in the District reports and as false in the Police returns, which are delayed until every case sent up for cancellation has been received back from the District Magistrate. District Magistrates should either insist on all cases for cancellation being sent in to them in time to allow of the results being incorporated in the District returns, or should decline to continue to cancel cases after the despatch of their own District report. (iv) District Magistrates should show separately the number of police challans received, disposed of and pending. (v) Magistrates should not show separate cases when absconders are arrested and sent up after the main challan has been entertained or disposed of. (vi) A case should not be shown as pending in which actual trial has not been taken up. 9. ListA list of all the statements required will be found in annexure II to this part. The Provincial Statements are compiled in the High Court. 10. FormForms of the statements will be found in Volume VI of the Rules and Orders of the High Court.

ANNEXURE I SUBJECT HEADINGS

l 2 3 4 References to Statements Points to be noticed

No. SUBJECT Printed Head

AAdminisration of Civil Justice

Original Suits 1. Institutions Increase or decrease of litigation Statement IV (Part I)

l 2. 3. 4.

2 Classiffication of suits Value and cost of suits Details duration cases of disposals and pending

4 Statement II (Part I) Statement III Statement IV and VIII

5.

Agency by which suits were disposed of

Distribution of Civil business

Statement IV (Part I)

6.

Miscellaneous cases

Statements II (Part II) and IV (Part II)

7. 8. 9.

Execution of decrees Cancelled Working of Small Cause Courts (a) Institutions

Statements VI and VII

Statements II, III and IV

Statement V

10.

Appeals

(b) Details of disposals duration and pending files All or any of the following points may be noticed: (a) Issue of summons for final disposal Procedure Time allowed for appearance of defendant (b) Cause Lists (c) Adjournment, intimation to parties of time and place of hearing (d) Commissions for local investigations or to examine accounts Recording evidence and preparation and delivery of judgment Statement VIII

11.

(e)

(f) Any point or points of procedure not included in the above

Miscellaneous 12. Process Fees and Process- Number of civil, revenue and Statement IX serving Establishment criminal processes issued, Receipts and expenditure as compared with previous year

13. Supervision of civil work of subordinate Courts

14. Notice of Officers 15. Any Subject connected with the Administration of Civil Justice not included in the above

BAdministration of Criminal Justice

Original Jurisdiction 1. General review of Offences reported, struck of Statement II offences committed and register upon application of the brought to trial police, and admitted to have occurred Variation in crime Proportion of offences brought to trial to offences admitted to have occurred 2. Offences classified under the Indian Penal 1 Under the heads (viz, 2, 3 and 4) comment should be made, and, if possible, explanation given of Statement II

2 Code

3 the pre-dominance, or the increase or decrease of any special offence . . . . . and of anything that appears unusual in the disposal of any special offence or class of offences

3.

Offices classified Local and Special Laws Offices classified Miscellaneous proceedings under the Criminal Procedure Code General results inquiries and trials

4.

Statement III and VIII

5.

of Cases and persons for disposal Statement IV (Part I) and disposed of, with details of disposal, cases pending and duration cases Statement IV (Part I)

6.

Agency by which Criminal work was disposed of Special jurisdiction

7.

Trials under Section 30, Criminal Statement VIII Procedure Code Summary Trials Statement IV (Part I)

8.

Trials under Regulations

Frontier

9.

Witnesses

Number Detention Diaries Payment witnesses of expenses to

Statement IV, column 37

Service of summons by means of Process-serving Establish-ment and Police 10. Punishments ImprisonmentRigorous simple Solitary confinement FineAmount realised imposed and and Statement V (Part I)

Compensation realised

awarded

and

11. Appeals

Number of appeals Proportion of appeals appealable convictions to

Statement VI

Distribution of appellate business Details of disposal Pending files and duration of appeals 12. Procedure Examination of complainant and preliminary investigation by police (Sections 200 and 202, Criminal Procedure Code) Recording of evidence and of examination and confessions of accused persons Habitual offenders and offen-ders previously convicted Sections 348 and 349, Criminal Procedure Code Section 75, Indian Penal Code Proof of previous convictions, Sections 221 and 511 Criminal Procedure Code Any other points calling for notice 13. General Supervision Courts of subordinate

by means of appeals, by inspection of files and registers Cases referred for revision or criticised

14. Notice of Officers 15. Any other subject connected with the Administration of Criminal Justice Here insert any subject that is not directly connected with any subject contained in the first twelve heads and yet is connected with the Administration of Criminal Justice

ANNEXURE LIST OF ANNUAL STATEMENTS

1 Number 2 Brief description of contents

II

AStates Statements (a) Civil

I, Part I Showing the number of Judicial Divisions and numbers of officers exercising appellate or original jurisdiction in the Punjab on 31st December, 19 . . . Showing the number of cases decided in the Courts of the Punjab for the year 19 . . . ... Showing the number and description of civil suits instituted in the Civil Courts of the Punjab during the year 19 . . . Showing the number and value of civil suits instituted in Civil Courts of the Punjab during the year 19 . . . Showing the general result of the trail of civil cases in the Courts of original jurisdiction in the Punjab in the year . . . Showing the general result of the trail of civil cases in the Courts of original jurisdiction in the Punjab in the year . . . Showing the business of Civil Appellate Courts in the Punjab in the year 19. . . Showing the business of Civil Appellate Courts of the Province of the Punjab in the year . . .

I, Part II

II

III

IV, Part I IV, Part II V, Part I V, Part II

Supplementary Statement
Proceedings in Insolvency under the Provincial Insolvency Act, 1920 (V of 1920) in

the Civil Courts of the Punjab during the year 19 . . . Part I Showing number and results of Insolvency Petition presented under Section 7 of the Act and the number of Insolvents before the Courts Showing the number of estates in the hands of Receivers and the progress made in winding them up during the year 19 . . .

Part II

(b) Criminal
Showing the number of Judicial Divisions and number of officers exercising appellate or original jurisdiction in the Punjab during the year II Showing the number of cases decided by various classes of Tribunals in the Punjab during the year Showing the general results of trials of Criminal cases in the Punjab during the year Showing the results of appeals and revisions in (Criminal) cases in the Punjab during the year Showing nature of offences reported and number or persons tried, convicted and acquitted of each class of offence in the Punjab during the year Showing the punishments inflicted in Criminal cases by various Tribunals in the Punjab during the year

III IV

VI

BDistrict and Sessions Statements (A) District StatementsCivil

I Showing the number of officers exercising jurisdiction in civil cases on the last day of the year Showing the number and description of civil original cases instituted in Civil Courts Showing the number and description of miscellaneous cases instituted in the Civil Courts Showing the value of suits instituted Showing the general result of the trial of civil cases in the Civil Courts of original jurisdiction Showing the general result of miscellaneous cases

II, Part I II, Part II III IV, Part I IV, Part II V, Part I

Showing the business of the civil appellate courts

V, Part II VI VII, Part I

Miscellaneous appeals

Showing the result of proceedings on application for the execution of decrees Showing the number and result of Insolvency petitions presented under Section 7 of the Act and the number of insolvents before the Courts

VII, Part Showing the number of estates in the hands of Receivers and the progress made in II winding them up VIII Showing the final result of dismissals for default, ex parte decisions, references to arbitration, and applications for review of judgments with particulars regarding the issue of commissions, attachment before judgment, and the award of interest on decrees Showing the Income from process-fees and expenditure on account of the service of processES. Showing classification of suits

IX

(b) Sessions Statements

I II III General Sessions Statements Showing the punishments inflicted by the Session Court Showing the result of appeals and applications for revision preferred to the Sessions Court Showing persons convicted in murder cases

IV

(c) District StatementsCriminal

I Showing the number of officers exercising jurisdiction in Criminal cases on the last day of the year Showing the offences reported and persons tried, convicted and acquitted during the year Showing miscellaneous proceedings under the Code of Criminal Procedure Showing the general result of criminal trials in the various Courts (individual officers) Showing the general result of criminal trials in the Tribunals of various classes (Classes of Courts)

II

III IV, Part I

IV, Part II

V, Part I V, Part II VI

Showing the punishments inflicted by Magisterial Officers Showing punishments inflicted by the various Criminal Tribunals

Showing the result of appeals and applications for revision in criminal cases

Part C]

Part C PERIODICAL REPORTS AND RETURNS DUE TO DISTRICT AND SESSIONS JUDGES AND DISTRICT MAGISTRATES, AND BY THEM TO THE HIGH COURT
1. IntroductoryIn addition to the annual statements, certain monthly and quarterly returns have been prescribed by the High Court in order to enable the Judges to exercise a constant check upon the state of business in subordinate Courts and the manner in which that business is disposed of. 2. District and Sessions Judges statementsDistrict and Sessions Courts are required to submit the following monthly returns: No. 1.Statement of Sessions cases, Criminal appeals and Criminal References and of Civil appeals, Original Civil cases. Insolvency and Liquidation cases instituted, disposed of and pending in the Court of the District and Sessions Judge during the month. No. 2.Statement of persons punished and acquitted by the Sessions Court during the month. No. 3.Statement of persons awaiting trial by the Sessions Court. No. 4.Statement showing the number of civil suits instituted, disposed of and pending in the Courts of Subordinate Judges during the month (except for the month of September). 3. Monthly statements to be retained in High CourtAll monthly statements submitted to the High Court will be retained in the High Court Office. 4. Subordinate Judge's statementsThe following returns are required from Civil Courts subordinate to the District Judge:

Civil Quarterly District Statements

No. 1.Showing civil suits and appeals disposed of and pending and execution work, and the number of hearings fixed for civil cases in each Courts. No. 2.Showing the number of fresh Civil suits and Execution cases instituted in the Civil Courts. Note 3.Quarterly returns must reach the High Court by the 10th of the month succeeding the quarter to which they relate. 5. District Criminal Court's statementsDistrict Criminal Courts are required to submit the following returns:

Criminal Quarterly District Statements No. 1.Showing Criminal cases instituted, disposed of and pending. No. 2.Explanation of Criminal cases pending over four months. No. 3.Showing convictions of persons previously convicted. No. 4.Showing the number of fresh cases instituted. Note IDue by District Magistrates to Sessions Judges on the 5th and to High Court on the 10th of the month succeeding the quarter to which they relate. Note IIThe instructions given in Rule 8 of the Part B of this Chapter should, with necessary modifications, be followed by the Criminal Courts in preparing the monthly and quarterly statements. 6. Criminal Courts Statement No 2Magistrate's statement No. 2 should be prepared according to the following directions: (a) Columns 1 to 6 should be filled in by the official concerned. (b) the cases should be entered in the order in which they were instituted. (c) The Magistrate should sign the statement and he wil be responsible for the correctness of the entries thereof. (d) In column 7 the explanation for delay in the disposal of a case should be given in some detail. The circumstances in which service on witnesses or accused could not be effected, the time actually taken by the appellate Court in disposing of transfer application, etc., should be given. If the record was sent to some Court, the number and date of the letter by which it was requisitioned and also the number and date of the letter by which it was sent should be given. (e) History sheets containing abstracts of orders passed on different dates in all cases pending over one year (provided they are not stayed) should be furnished with the Statement. 7. RemarksDistrict Magistrates and District and Sessions Judges should carefully scrutinize the monthly statements of their Districts, as they come before them, in order to enable them to remark, upon anything that may appear to be irregular or unsatisfactory, and to take immediate steps to correct what is amiss. Their remarks and orders should be communicated at once to the officer concerned. The District Magistrate should forward a copy of his remarks and orders with the statements, to the Sessions Judge, the original draft being retained with the office copies of the statements in the District office for record. 8. Submission to High CourtOn receipt of the District Criminal Statements, the Sessions Judge should carefully review them, notice and take measures to correct any irregularities which have been passed over by the District Magistrate and forward at once a copy of his remarks to the District Magistrate, for communication to the officer concerned. When the Sessions Judge has thus disposed of the District Criminal Statements he will submit them, with the District Magistrate's remarks, and a copy of his own to the High Court, retaining a copy of his own remarks for record in his office.

The Sessions Judge should note in the covering letter whether a copy of the remarks recorded by him was sent to the District Magistrate. 9. Statement No. IIIWith reference to quarterly statement No. Ill of convictions of persons previously convicted, it is directed that, when intimation is received by a District Magistrate from the Sessions Judge or the High Court that the sentence passed by a subordinate Magistrate on a second conviction is light, without the records being called for, the District Magistrate shall look into the case himself and make such communication as he thinks proper to the Magistrate concerned; or, if he cosiders the punishment awarded completely inadequate, report the case for revision in the usual way. 10. FormsForms of the statements required in paragraphs 2, 4 and 5 above will be found in the Books of Forms given in the Rules and Orders, Volume VI. 11. ReferenceDetailed instructions regarding the annual reports and returns required for the preparation of the annual notes on the Administration of Civil and Criminal Justice will be found in Part B of this Chapter. 12. Certificate as to delivery of judgement(i) All District and Sessions Judges should, in their monthly statements of work, furnish a certificate to the following effect: Certified that judgments have been delivered within a month of the final hearing of arguments in all suits and appeals except in the following cases..... They should also append a certificate in the following form on the Subordinate Civil Courts statement referred at paragraph 2(4) above : (1) Certified that all Subordinate Judges have pronounced judgments within a month of the final hearing of arguments in all suits and appeals, except in the cases for which explanations are attached. (2) Certified that the provisions of Session 4 of the Punjab Regulation of Accounts Act were duly complied with in all suits for debts tried by all the Civil Courts. (ii) A certificate in the following form should also be furnished with the statements showing the work instituted, disposed of and pending in the Court of the District Judge and the Courts of Subordinate Judges during the month of August each year: Certified that decrees have been drawn up in all suits and appeals decided by the undersigned all Subordinate Judges before the vacation and that the records of all suits and appeals have been consigned to the Record Room except in the following cases for which explanations are attached
1

13. Remarks by District Judge on monthly statementsIt is the duty of the District Judge to control and adjust to the best advantage and equalize the work in subordinate Courts. He should watch institutions and disposals and see that each officer's outturn is normal. He should therefore make his remarks on the monthly pending file statements under the following heads: (i) Subordinate Judges who in his opinion have not given sufficient outturn and have therefore been warned. (ii) Steps taken or proposed to be taken to equalize work in different Courts.

(iii) Suggestions for investiture of or enhanced Small Cause powers in order to quicken of petty cases. (iv) Steps taken or proposed to be taken to prevent accumulation of execution cases where such work is heavy. (v) Steps taken to ensure that 3rd and 4th class cases are not neglected owing to higher class cases. 14. In order to put a stop to bad cases of delay in subordinate Courts, abstracts of order-sheets shall be submitted by each Subordinate Judge to his District Judge in respect of all original suits, appeals and execution cases pending over for more than a year. The District Judge shall examine them and after recording his remarks thereon, with details of action, if any taken, by him to prevent a recurrence of the same mistake, shall forward them to the High Court. They shall not be forwarded simply for examination by the Judges. District Judges shall similarly submit abstracts of order-sheets for their own Courts. 15. Date of submission of abstractAbstracts for the whole division shall be submitted at one and the same time and by the 15th of the month following the quarter to which they relate which shall be clearly specified in the forwarding letter.
Part D]

Part INFORMATION TO BE SUPPLIED REGARD TO CRIMINAL STATISTICS

TO

THE

POLICE

D IN

1. Statements to be supplied to PoliceThe Judges are pleased to direct, in accordance with the letter No. 277 (HomePolice), dated the 24th October, 1905, from the Secretary to Government, Punjab, that certain statements giving criminal statistics shall be supplied by each District Magistrate to the District Superintendent of Police in his district, as soon after the 1st January in each year as possible. The forms of these statements will be found in Volume VI-B, Part B-V. 2. Columns to be filled in by MagistratesIt should be noted that the only columns of State A, Parts I and II, which Magistrates are required to fill up, are columns 1, 2, 3, 15 and 16 of Part I, and columns 1, 2, 3, 13, 14 and 15 of Part II. But Magistrates are required to fill up the whole of Statement B, Parts I and II, and the whole of Statement C, which only refers to property stolen and recovered in cases taken up direct by Magistrates. 3. Directions as to certain columnsColumns 15 and 16 of Statement A, Part I, should show all cognizable offences taken up direct by Magistrates otherwise than on a Police report. Columns 13, 14 and 15 of Statement A, Part II, should show all persons concerned in cases taken up direct by Magistrates, otherwise than on a Police report. 4. Final order to be enteredIt should be noted that the order to be shown in these returns as the result of a trial is the final order in the case, and therefore the order in force at the close of the year should be shown. If the order of the Lower Courts has been reversed or modified within the year, it is the order of the Appellate or Revisional Court which must appear in the statement.

Part E]

Part INFORMATION TO BE SUPPLIED TO THE CANAL AUTHORITIES

The annual return showing the number and nature of judicial cases disposed of by the Canal Deputy Collectors and Sub-Divisional Officers during a year has been discontinued as a result of the withdrawal of Magisterial Powers from Canal Officers. It is, however, necessary, that the Irrigation Department should still continue to get information as to the number of cases instituted under the Canal Act, Section VIII of 1873, should be supplied by the District Magistrates to the Superintending Engineers of the Irrigation Department annually, as soon after the close of the calendar year as possible to enable the latter to submit the cases to the Chief Engineer by the 1st February.
Part F]

Part RETURNS IN CASES IN ACTS AS MINISTERIAL EXECUTION OF DECREES

WHICH THE OFFICER

F COLLECTOR IN THE

The Civil Courts should submit periodical returns concerning all cases in which the execution remains in the hands of the Court and the Collector only assists as a Ministerial Officer of the Court. Collectors have also been directed by the Financial Commissioners to furnish periodical returns relating to such cases. The Judges have, with the concurrence of Financial Commissioners, drawn up three forms of quarterly returns. In this connection see Chapter 12-M of High Court Rules and Orders, Volume I and the forms printed in Part A-V of High Court Rules and Orders of the High Court to execution of decrees in which the Collector is consulted.

APPENDIX LIST OF PERIODICAL TO THE HIGH ON WHICH THEY ARE DUE

Description of Report or Return

REPORTS COURT

AND RETURNS AND THE

I SUBMITTED DATES

Latest date submission High Court

of of

Remarks

Yearly
Statement of probates and letter of adminstration List of Legal Practitioners List of Pleaders and Mukhtars whose certificates have been renewed Criminal report and statements 10th April By District Judge.

10th January Diito

Ditto Ditto

1st February

By District Magistrate to Sessions Judge not later than 1st February, officer copies being sent to High

Description of Report or Return

Latest date submission High Court

of of

Remarks

Court at the same time. Fair copies are to be sent by Sessions Judge to High Court not late than 15th February. Civil Report and Statements Confidential list of certain persons who are considered fit to exercise or fit to be tried with certain judicial powers Report on the conditions of Libraries of Subordinate Courts. Reports on civil judicial work Reports on the Magisterial work of officers of the I.A.S. and P.C.S. 15th February 15th February By District Judge. By District Judge.

1st April

Ditto

2nd April 21st April

Ditto By Sessions Judge to whom they will be sent by District Magistrate by 2nd April. By District Judge.

Estimate of Stationery

Expenditure

for

15th July

Annual return of licensed Petitionwriters Budget estimate. Annual indent for Stationery for Subordinate Courts Recommendations for the issue of licenses to Petition-writers Cinage statement List of Judicial buildings Statement showing grants of probate and administration in estates of persons of European extraction

1st October

Ditto

15th September 1st September

Ditto Ditto

15th November

Ditto

15th January 1st July 7th of month succeeding quarter for which due

By District Magistrate direct. By District Judge. By District Judge.

Description of Report or Return

Latest date submission High Court

of of

Remarks

District Civil Statement No. I

10th of month succeeding quarter for which due Ditto

Ditto

District Criminal Statements I to III

By District Magistrate to Sessions Judge on 5th and to High Court on 10th District Judge and Subordinate Judge.

Abstract of order sheets of cases pending over a year.

15th of the month succeeding the quarter for which due Ditto

Notes about inspection of their Courts by the presiding officers

Ditto

Monthly
Statement of Civil and Criminal work of District and Sessions Courts District Criminal Statements I to III Return od suits pending in Courts of Subordinate Judges. 15th of next month By District and Sessions Judge.

7th of next month

By District Magistrate to Sessions Judge. By District Judge.

10th of month.

next

NoteIt is discretionary with District and Sessions Judges to call for either monthly or quarterly Civil Statements from Courts subordinate to them.

APPENDIX LIST OF PERIODICAL RETURNS WILL BE SUPPLIED BY WITHOUT INDENT

Description of Return

OF

WHICH THE

BLANK HIGH

II FORMS COURT

Number of copies supplied To District or Sessions Judge To District Magistrate

Yearly

District Criminal Statements Nos. I to VI, in English District Criminal Statements Nos. I to VI, in Vernacular District Civil Statements Nos. I to X, in English District Civil Statements Nos. I to X, in Vernacular Sessions Statements Nos. I to IV, in English Sessions Statements Nos. I to IV, in Vernacular Civil Appeal Statements Nos. I to IV, in English Civil Appeal Statements Nos. I to IV in Vernacular Subject headings for Civil and Criminal reports Statement of probates and letters of administration Coinage Statement in English Coinage Statement in Vernacular Statement of Cognizable Crimes, A, B, and C, in English Statement of Cognizable Crimes A, B, and C, in Vernacular

... ... 4 30 3 3 3 3 3 3 ... ... ... ...

4 30 ... ... ... ... ... ... ... ... 3 30 3 50

Quarterly
Statement of fines realized in Sessions cases Statement of grants of probate or letter of administration ... 8 11 ...

Monthly
District Criminal Statement Nos. I to IV, in English District Criminal Statements Nos. I to IV, in Vernacular District Civil Statement No. I, in English District Civil Statement No. I, in Vernacular Statement of Civil and Criminal work of District and Sessions Judge, Nos. I to III ... ... 16 45 30 22 43 ... ... ...

Return of suits pending in the Courts of Subordinate Judges

30

...

1. Delete if necessary.

CHAPTER 24
Ch. 24]

Registers
1. IndentsThe registers prescribed for use in all Civil and Criminal Courts will be obtained from the Controller of Printing and Stationery, Punjab at Chandigarh, to whom indents will be submitted by District and Sessions Judges in accordance with the instructions laid down in the Punjab Printing and Stationery Manual. 2. Binding size, etc.All registers will be made of convenient sizes with all headings and columns printed and ruled. The paper will be country-milled paper, known as Badami, and the binding will be of card board with leather backs and corners in the case of registers which are preserved for 12 years or more, and with Kharwa cloth in the case of other registers. 3. Suggestions for alterationsShould any officer desire to suggest alteration of a prescribed register, he should address the District and Sessions Judge who will make such recommendations as he thinks fit to the High Court. In no case should the Controller of Printing and Stationery be addressed direct in such a matter. 4. Explanation of the list given in the AppendixThe registers which have been prescribed by the High Court, with the sanction of the Provincial Government, for adoption in the subordinate Civil and Criminal Courts of the Punjab are enumerated in the appendix to this chapter in which is also indicated the Courts in which each register is to be maintained and the officials who will maintain them. Part I of the appendix enumerates the registers which are reproduced in Volumes VI-A and VI-B, Rules and Orders of the High Court; Part II of the Appendix enumerates the registers which are not reproduced in Volumes VI-A and VI-B but in the other Volumes I to IV. The remarks made in the column of remarks in the appendix should be read with the foot-notes, where they exist, to the registers reproduced in Volumes VI-A and VI-B for instrcutions as to the manner in which certain registers are to be maintained. 5. Registers to be kept in EnglishThe registers will have headings in English as well as Urdu, and they should be maintained in the former language except when the Presiding Officer of a Court, for reasons to be recorded, permits any of them to be maintained in Urdu. 6. Common mistakes in filling up registers Presiding Officers must remember that they are responsible to see that the registers of their Courts are correctly and regularly written up. The following is a list of the common mistakes made by officals in writing up registers. Mistakes of this kind must be avoided: (1) Many registers have no peshani or heading at all, while some of them are in such a torn and mutilated condition that they are of no practical value. It is impossible to maintain any register correctly unless it has a regular heading in good condition.

(2) Entries are sometimes made in a running order across several columns. Each individual column must be filled up separately. (3) Entries do not follow the column headings, but are made regardless of them. This creates confusion. (4) Some entries are written partly in English and partly in Urdu. (5) Entries cancelled do not bear any initials. (6) Persian raqums are used in filling some columns. English numerals should always be used. (7) Entries are sometimes made in pencil which is objectionable. (8) Separate serial number are not given for each calendar year. (9) Sometimes the serial number is changed with a change of register; it should only be changed with the new year. (10) In the several register in which an abstract of the orders passed is to be entered, the entry very often merely says dakhal dafter ho or consigned to the record room. This is not sufficient. The particulars of the orders passed should be entered in greater detail so as to show exactly how the case was disposed of or why it was consigned to the record room. (11) In the several registers in which the name of the Judge or Magistrate deciding the case is to be entered, the name should always be set out in full. Entries saying Lala Sahib or Sardar Sahib are meaningless and will not be understood after a few years if and when it becomes necessary to find out the name of the Presiding Officer. The name of an English Officer, or of an Indian Officer, who has anglicised his name, should be written in English characters, even if the register is kept in Urdu. 7. All civil and criminal registers shall be consigned to the record room to which judicial files are normally consigned; they should be destroyed under the supervision of the Record-keeper in accordance with the rules contained in Chapter 16-F, Volume IV. 8. The Execution Moharrir of each Court shall be responsible for the same custody of old volumes of civil Register No. 1 till they are consigned to the Record Room. The officials who maintian the other registers shall be responsible for the safe custody of old volumes of them. 9. The following registers shall be consigned to the Record Room 12 years after their completion: Civil Registers Nos. I and X. 10. The following registers shall be consigned to the Record Room 6 years after their completion: Civil Registers Nos. II, III, IV, VI, VII, XI, XII, XIII, XIV, XXVI and XXVII. NoteWhen Civil Register No. XXVI is sent to the Record Room .entries relating to properties of minors (not accounts) in cases still pending should be copied into the new register.

Miscellaneous Registers A and B 11. The following registers shall be consigned to the Record Room 3 years after their completion : Civil Registers Nos. XXV, XXVIII, XXIX, XXX and XXXII. Miscellaneous Registers C, D, E, F, G, H and I. Criminal Registers Nos. V, VI, VII, VIII, IX, X and XVIII. 12. The following registers shall be consigned to the Record Room 2 years after their completion : Criminal Registers Nos. I, II, III, IV, XI, XII and XVII. 13. The following registers shall be consigned to the Record Room one year after their completion : Civil Register Nos. V, VIII, IX, XVI, XVII, XVIII, XIX, XX, XXI-A, XXI-B, XXI-C, XXII, XXIII and XXIV. 14. Criminal Registers Nos. XIV and XV shall be consigned to the Record Room after the expiry of every calendar year; and criminal register No. XIII shall be consigned when it is finished. 15. No register should ordinarily be retained in a Court after the period prescribed for its consignment to the Record Room. If the Presiding Officer of a Court wishes to retain any register for a longer period, he should record his reasons for doing so in writing and communicate them to the Record Keeper concerned. Note : Appendix of Registers is not being published here.

CHAPTER 25
Ch. 25

Supply of Forms
Part A]

Part SUPPLY OF FORMS

1. IndentsThe forms prescribed for the use of Courts are printed by the form work contractors to the Punjab Government and despatched direct to indenting officers. All indents for such forms should be addressed to the Controller of Printing and Stationery, Punjab, who has been appointed the medium of communication between the indenting officers and the printers. 2. Date of submission of indentThe annual consolidated indent for such forms due with the Controller of Printing and Stationery, Punjab, by the 15th March and District and Sessions Judges are enjoined to see that this date is strictly adhered to or the Press will not be responsible for any delay that may occur in the supply of printed forms. District and Sessions Judges are included in the list of officers entitled to indent direct for Departmental English forms, vide Appendix D of the Punjab Printing and Stationery Manual (Third edition). 3. Instructions for preparing indentsThe indents will be prepared in duplicate in the prescribed form. One copy will be retained by the Press and the other will be forwarded by the Press to the High Court, at the close of the year for examination and record. Indenting officers should so frame their annual indents as to obviate the necessity for a large or frequent supplementary indents. Notice will be taken of any case in which these instructions are found to have been neglected. 4. Chalan of forms despatchedWhen despatching packages containing forms to indenting officers, the Contractors will also forward by a letter-post a despatch note or chalan. On receipt of the package the officer concerned should examine the contents carefully, and, after ascertaining that they are correct, return the chalan duly signed, to the despatching officer. 5. Periodical returnsThese instructions do not apply to periodical returns, forms for which will be supplied by the High Court without indents, according to the Appendix II attached to Chapter 23 of this Volume Reports and Returns. 6. List of form Stocked formsLists of the Civil and Criminal forms which have been prescribed by the High Court for general use in the Punjab will be found in the Books of Civil and Criminal Forms given in the Rules and Orders, Volumes VI-A and B.

It will be observed that only such forms as are in most general use and are marked Stocked will be supplied in print; the others must be prepared in manuscript whenever required. Books containing complete sets of Civil and Criminal forms are supplied to each Court, and should be kept carefully up to date. 7. Establishment and contingents billsForms of establishment and contingent bills will be supplied by the Accountant-General. 8. Civil Nazir to stock formsAll civil forms will be stocked by the Civil Nazir whose duty it will be to supply them to Subordinate Judges and Extra Assistant Commissioners when required. 9. Universal forms and envelopesInstructions for the submission of indents for universal forms and envelopes are contained in Chapter 3 of the Punjab Printing and Stationery Manual and should be carefully followed by officers entitled to indent direct for such. (Appendix D to the Manual).

Vernacular Forms for Judicial Purposes

10. Vernacular formsVernacular forms used by subordinate Courts are obtained locally by District Courts. Vernacular forms are to be printed on paper of the size of official petition paper, or a quarter of a sheet of the standard jail paper, as may be most convenient. The paper prescribed is "B" quality paper as supplied by the Jail Department. 11. Forms should be correctly preparedCare should be taken to adhere strictly to the wording of judicial forms prescribed by law or by the orders of the High Court. 12. IndentsIndents for vernacular forms should be submitted to the Controller of Printing and Stationery, Punjab, at Chandigarh by the 15th April, of each year at latest so as to enable that officer to comply with all indents in time. In preparing the indent care should be taken to form a proper estimate of the probable requirements for the year, so as to avoid the necessity of submitting supplementary indents.
Part B]

Part PRINTING

1. Lithographed formsAll lithographic printing has under the orders of the Punjab Government to be done as far as possible, at the Government press at Chandigarh. Lithographed forms, a revised list of which has been prepared by the Controller of Printing and Stationery, Punjab, and will be supplied to departments concerned, are to be obtained from the Government Press on indent to cover the annual requirements of each Department. Supplementary indents must be avoided as far as possible. 2. Date of submission of indentsThe annual indent of Civil and Criminal Vernacular forms from District and Sessions Judges, cover the requirement of the District, is due with the Controller of Printing and Stationery, by the 15th April. This date must be strictly adhered to or the Press will not be responsible for any delay that may occur in the supply of printed forms. 3. Printing by private press direct prohibitedUnless Government has specially permitted a deviation from the rule, no work must be sent direct to a private press. All indents for printing of every description whether typographic or lithographic should be sent to the Controller of Printing and Stationery, Punjab, who will decide with regard to the state of work in the various Government Presses

whether to carry out the work himself or place it at a private press. In the latter case he will pay the bill himself from the allotment for printing at private presses or lithography, as the case may be. 4. Emergent printingHeads of Departments and District and Sessions Judges have been delegated powers to sanction, expenditure in emergent cases on account of printing-typographic or lithographic at a private press, to a limit of Rs. 10 in each case. These orders will be paid, for by the officer concerned but a duplicate copy of the bill, together with a voucher copy of the work, should be forwarded to the Controller of Printing and Stationery, Punjab, for examination and record. Such expenditure should be charged to the head 56Stationery and Printing Minor heads, Printing at Private Presses or Lithography and should not be met from the contingent grant. 5. Complaints against Government PressIf the work supplied by the Government Press proves unsatisfactory or if it is done promptly the fact should be reported to the Controller of Printing and Stationery, Punjab, and the High Court is informed at the same time.

CHAPTER 1
Ch. 1

Judicial Business
Part A(a)]

Part A (a) THE PRESENTATION AND RECEPTION OF APPEALS, PETITIONS AND APPLICATIONS FOR REVIEW AND REVISION

1. To be deposited in petition box during Court hoursAll ordinary appeals, petitions and applications for review or revision, written statements, affidavits or other documents sought to be presented to the Court, shall be presented by litigants or their Advocates by depositing them in the petition box of the Court outside the room of the Deputy Registrar (now on the filing counter on the ground floor of new Delhi High Court building) between the hours of 10 a.m. to 4 p.m. on every day which is not a Court holiday. Petitions, written statements, affidavits or other documents sought to be presented to the Court, sent by litigants through post for taking some judicial action shall not be entertained by this Court but returned per bearing post. 2. Urgent and transfer applications to be presented personallyAppeals, applications, etc., accompanied by petition to be treated as urgent, as well as transfer applications, petitions for Writs and for Habeas Corpus which are ipso facto treated as urgent may be presented personally to the Reader to the Deputy Registrar on any working day during Court hours. Civil writs and transfer applications in civil cases are not, however, treated as urgent during the period the High Court is closed for the long vacation unless accompanied by a petition to be treated as urgent. No appeal, petition or application shall be received unless presented during the Court hours from 10 a.m. to 4 p.m. 2. (a) Every memorandum of appeal, and every application, written statement, affidavit, annexures to writ petitions, etc. shall be in the English language and shall be typed in double spacing on water marked plain paper, unless a printed form is prescribed for the purpose by the High Court. It shall be headed In the High Court of Delhi at New Delhi and signed by the appellant or applicant or by an Advocate entitled as of right to practise in the High Court on his behalf. The original typed copy and the carbon copy shall be filed in this Court. In case any document is required to be filed in duplicate copy shall be the first carbon copy. No memorandum or application or copy thereof will be entertained unless it is legible. (b) Every memorandum of appeal shall be accompanied by copies of the decree and judgment, as prescribed by Order XLI, Rule 1 of the Civil Procedure Code. In the case of Second Appeals, in addition to the documents prescribed by Order XLI, Rule 1 of the Code, memorandum shall be

accompanied by a copy of the judgment of the Court of First instance unless the appellate Court dispenses therewith. In all cases which are within the competence of Division Bench motion. Duplication type written copies of memorandum of appeal or revision and other essential documents shall be furnished by the appellant or applicant, as the case may be, both in Civil and Criminal cases.
COMMENTS Appeal was held incompetent where certified copy of trial Courts judgment and order was filed 2 years after admission of second appeal. 1979 (1) Rent. L.R. 614 (Delhi). In an appeal to High Court under Section 39(1) of Delhi Rent Control Act it was held that appeal memo must be accompanied by certified copies of Tribunals order and Rent Controllers order. Appeal filed without either of aforesaid copies is not vali dly presented unless High Court dispenses with filing of copy of Rent Controllers order under Rule 2(b). Lacchman Das v. Suraj Prakash, 1980 Raj. L.R. 525.

3. Section and enactment to be specifiedEvery memorandum of appeal or application shall specify the section of the enactment under which the appeal or application lies. The Deputy Registrar is authorised to refuse to receive any memorandum of appeal or application which does not comply with this rule. 4. Letter Patent appealsTime within which to be filed and documents to accompanyNo memorandum of appeal preferred under clause 10 of the Letters Patent shall be entertained if presented after the expiration of 30 days from date of the judgment appealed from, unless the admitting Bench in its discretion, for good cause shown, grants further time for the presentation. Such memorandum of appeal need not be accompanied by a copy of the judgment appealed from, but a memorandum of appeal for which a certificate is required under clause 10, must contain a declaration to the effect that the Judge, who passed the judgment, has certified that the case is a fit one for appeal. The time spent in obtaining the certificate from the Judge (including the date of application and the date on which the Judge passed the order) shall be excluded in computing the period of limitation. Section 12 of the Indian Limitation Act governs an appeal under the Letters Patent and the appellant in such a case is entitled to exclude the time requisite for obtaining a copy of the judgment appealed against whether such copy is filed or not) even though under the rules of the Court no copy of the judgment required to be filed with the memorandum of appeal. [Vide I.L.R. 1941, Lahore 191 (F.B.)].
COMMENTS The expression Admitting Bench in Rule 4 has very well recognised concept according to High Court Rules. It cannot hence be said that the Bench hearing an appeal after notice should be treated as the admitting Bench for the purpose of Rule 4. Matu Ram v. Union of India, AIR 1967 Delhi 58. It can not be argued that the Rule is ultra vires the Letters Patent (Lahore) in as much as clause 26 of the Letters Patent confers jurisdiction on Division Court to hear causes without any distinction which is sought to be created by Rule 4. Matu Ram v. Union of India, AIR 1967 Delhi 58. Section 12 of the Indian Limitation Act 1908, governs an appeal preferred under Section 202 of the Indian Companies Act 1913, from an order of a single Judge exercising original jurisdiction where the forum of appeal (as distinct from the right of appeal) is provided by the Letters Patent and therefor, the appellant in such a cas e is entitled to exclude the time requisite for obtaining a copy of the judgment appealed against, even though under the Rules and Orders of the High Court no copy of the judgment is required to be filed with the memorandum of appeal. The Punjab Co-Operative Bank. Ltd. Lahore v. The Official Liquidators The Punjab Cotton Press, Co. Ltd., (In Liquidation) and Others, (1941) I.L.R. XXII Lah. 191. (J. N. Surty v. T. S. Chettyar A

Firm, I.L.R. (1928) 6 Rang. 302 (P. C.), followed.) (Dayal Singh v. Budha Singh, I.L.R. (1921) 2 Lah. 127, and Jog Dhian v. Hussain, I.L.R. (1935) 16 Lah. 448 (F. B.), over-ruled.) Section 12 of the Indian Limitation Act 1908, governs an appeal under the Letters Patent in which not only the forum of appeal, but also the right of appeal is given by the Letters Patent and, therefore, the appellant in such a case is entitled to exclude the time requisite for obtaining a copy of the judgment whether such copy is filed or not. The Letters Patent and the statutory rules framed by the High Court under clause 27 thereof, are a special law within the meaning of Section 29 of the Indian Limitation Act. The Punjab Co-Operative Bank. Ltd. Lahore v. The Official Liquidators The Punjab Cotton Press, Co. Ltd., (In Liquidation) and Others, (1941) I.L.R. XXII Lah. 191. (S. R. Ganny v. I. M. Russell, I.L.R. (1930) 8 Rang. 380, (F. B.), and Mukund Mahto v. Niranjan Chakravarti, 1934 AIR (Pat.) 353, dissented from.) (Neelratan Ganguli v. Emperor, I.L.R. (1933) 60 Cal. 571, Kruse v. Johnson, (1898) L. R. 2. Q. B. 91, Willingale v. Norris, (1909) L. R. 1 K. B. 57, 64, Gosling v. Veley, (1847) L. R. 7 Q. B. 406 and Hopkins v. Mayor of Swansea, (1839) 4 M. & W. 640, relied upon.) If Rule 4 of Chapter l-A(a) of the High Court Rules and Orders Volume V applies to an appeal under clause 10 of the Letters Patent, or, in other words, if Indian Limitation Act of 1908 was in force when the said appeal was presented, the discretion to condone the delay in filing the appeal is confined to the admitting Bench only, and no Bench subsequently hearing the appeal would be competent to extent the time for presenting the appeal, otherwise out of time. But if such an appeal is governed by the Limitation Act No. 36 of 1963, or, in other words, when it has been presented on or after January 1, 1964, the Bench hearing the appeal has the jurisdiction to condone the delay after considering the sufficiency of cause for filing it beyond time. The admitting Bench may also condone the said delay while admitting the appeal, but then the respondent will be entitled to reopen the question and contend before the Bench hearing the appeal that there was no sufficient cause for condoning the delay. Similarly, if the admitting Bench omits to condone such delay while admitting the appeal the appellant can claim extension of time from the Bench hearing the appeal, of course, by showing sufficient cause for not filing it within time. Mahant Bikram Dass v. Financial Commissioner, Revenue Punjab, (1974) 76 P.L.R. 451. Where copy of the judgment appealed against was obtained the time requisite for securing the copy must be excluded and it is wholly immaterial whether the copy was applied for and obtained under Rule 11 in Chapter 5-B or whether the registry of the High Court should have refused the copy where Rule 11 was not applicable. No party can be made to suffer for any mistake made by the Court or its officials and even if the copy which was supplied to the appellant should not have been supplied, the appellant cannot be made to suffer for any such lapses. Employees State Insurance Corpn. v. M/s. Spangles & Glue Manufacturers, 1967 (69) PLR 433. Section 4 of the Limitation Act does not extend the period of limitation nor does it furnish any data for computation of time, what it really does is that if the time allowed by statute to do an act or to take a proceeding expires on a day when the Court is closed, it may be done on the next sitting of the Court. The appellant who had delayed the application for the grant of the certificate to the last day of limitation cannot be allowed to annex another set of holidays to bring the period of limitation up to 15th of July, 1968. Pirbhu v. Bhirkha, 1969 (71) PLR 587. It is to be borne in mind that the appellant had taken a calculated risk in filing the application for the grant of certificate on the last day of limitation. It should have been anticipated that the work after the grant of certificate could take more than a day and in failing to keep even a days margin, the appellant could not be said to have exercised the deligence which was expected from him. It was within the appellants knowledge that in making the application just in time he had exhausted the period of limitation for appeal, and it was his bounden duty in the circumstances to make arrangements, for the filing of the appeal on the day when the certificate was granted. Pirbhu v. Bhirkha, 1969 (71) PLR 587. Rule 4 authorises the admitting Bench alone to extend period of limitation. Neither the Single Judge who grants leave to appeal nor the Bench hearing the appeal has such power. Harnam Singh v. Karam Chand, AIR 1949 E.P. 299. Rule 4 in Chapter 1 of High Court Rules and Orders framed by the High Court in exercise of the legislative power conferred upon the High Court under Clause 27 of the Letters Patent, is a law made in respect of special cases covered by it and is a special law within the meaning of Section 29(2) of the Limitation Act. Union of India v. Ram Kanwar, AIR 1962 SC 247.

[5. AmendmentThe Deputy Registrar Assistant Registrar, Incharge of the Filing counter, may specify the objections (a copy of which will be kept for the Court Record) and return for amendment and re-filing within a time not exceeding 7 days at a time and 30 days in the
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aggregate to be fixed by him, any memorandum of appeal, for the reason specified in Order XLI, Rule 3, Civil Procedure Code. (2) If the memorandum of appeal is not taken back for amendment within the time allowed by the Deputy Registrar, Asstt. Registrar, in charge of the filing Counter under sub-rule (1), it shall be registered and listed before the Court for its dismissal for non-prosecution. (3) If the memorandum of appeal is filed beyond the time allowed by the Deputy Registrar, Asstt. Registrar in charge of the Filing Counter, under sub-rule (1) it shall be considered as fresh institution. NoteThe provisions contained in Rule 5(1), 5(2) and 5(3) shall mutatis mutandis apply to all matters, whether civil or criminal.]
COMMENTS Power under Rules 3, 5 and 9 can be exercised by Deputy Registrar and not by Assistant Registrar. Dewan Chand Choudhary v. R.L. Taluja, 1973 Raj. L.R. (Delhi) 449. If the memorandum of appeal is not amended and refiled within the time allowed by the Deputy Registrar, it does not become liable to dismissal automatically, it has to be listed for orders before the Court. This implies that the Court can in its discretion condone the delay if there is any. N.K. (P.) Ltd. v. Hotz Hotels Ltd., 1974 Raj. L.R. 153. Where no timely efforts were made by the counsel firstly to find out after filing application on 19th August, 1995 as to whether the Registry had raised any objection or not. Secondly, despite order of the Joint Registrar dated 9th January, 1996, the objection was removed only on 4th March, 1996 i.e. after the date which the Joint Registrar had fixed for the application being posted for hearing before the Court. When the application was refiled on 4th March, 1996, one would expect the person filing to be more careful thereby not giving an opportunity to the Registry to raise any other objection. But that was not so. The result was that the second objection was raised which, as noticed above, was removed on 21st March, 1996 but application was refiled only on 27th March, 1996. Apart from this casual approach, we do not find any mala fide intention on the part of the appellant to delay the proceedings. When there is negligence or causal approach in a matter like this in refiling of an application, though the Court may not be powerless to reject an application seeking condonation and may decline to condone the delay but at the same time, passing of any other appropriate order including imposition of cost can be considered by the Court to compensate the other party from delay which may occur on account of refiling of the application. S. R. Kulkarni v. Birla VXL Ltd., 1998 (5) AD (Delhi) 634 : 1998 RLR 519.

6. Particular ground to be specified in petition for revisionA petition to the High Court to exercise the powers conferred by Section 44 of the Punjab Courts Act specify the particular ground on which the aid of the High Court is invoked: (a) if the ground be that the Court which decided the case exercised a jurisdiction not vested in it by law, the petition shall set out clearly the particular exercise of jurisdiction complained of; (b) if it be that the Court which decided the case failed to exercise a jurisdiction so vested, the jurisdiction which ought, in the petitioners opinion, to have, and has not, been exercised shall be clearly set out; (c) if it be that the Court acted in the exercised of its jurisdiction with material irregularity, the particular irregularity complained of shall be similarly set out.

7. Documents to accompany such petitionEvery such petition shall be stamped as required by law and shall be accompanied by a copy of the decree or order in respect of which such application is made by a copy of the judgment upon which such decree is founded. Document to accompany petitions for revision of the decree or order of appellate Court. In the case of petition for revision of the decree for order of an appellate Court, a copy of the judgment or order of the Court of the first instance shall also be filed.
COMMENTS Rule 7, Part (a) Chapter 1-A, Volume V of the High Court Rules and Orders consist of two paragraphs. The second paragraph of the rule, applies on to those cases in which revision is sought of a decree or order which has been passed in appeal from a decree or order of a lower Court. The two paragraphs of the rule are supplemental to each other and must be read together so that a harmonious construction may be placed on them. The first paragraph applies to petition seeking revision of any decree or order and requires that such a petition shall be accompanied by a copy of the decree or order of which revision is sought along with a copy of the judgment upon which such decree is based, while the second paragraph therein requires that when the petition is one for revision of a decree or order of an appellate Court, an additional document, namely, the judgment or order of the Court of first instance shall also be filed. In the context in which the words appellate Court occur, they must be construed to mean a Court which has passed the order sought to be revised while hearing an appeal from an order of a subordinate Court. In other words, where the appellate Court passes an original order in connection with an appeal pending before it, the provisions of the second paragraph of the rule do not come into play for, in that case, there is no judgment or order of the Court of first instance in the sense in which those words are used in the rule and there is good reason for such interpretation being placed on the second paragraph of the rule, the object of which is to ensure that this Court has before it all the available material which is relevant to the decision of the matter requiring determination by it. Ram Nath & Other v. Murti Shri Krishan Maharaj, 1974 (76) P.L.R. 112. On the date of filing the petition, the petitioner had neither applied for the copies of the impugned orders nor informed this fact to this Court at the time of filing the petition. Rather she filed an application bearing CM. No. 2473/96 through which she mis-lead this Court in believing that she had applied for the certified copies of the impugned orders and further as and when the same will be procured those would be placed on record. Had she not represented so the Registry of this Court would not have entertained the revision petition. Because of the application seeking exemption from filing certified copies that case was listed before this Court. This Court under the impression that petitioner had applied for the certified copies allowed the exemption application subject to just exception. Subject to just exception does not mean that the petitioner was not to file certified copies at all or not within time. Just exception means that the certified copy has to be filed in accordance with rule and the law on the point. Rules have been laid under the Delhi High Court Rules, Practice & Procedure. Rule 7(1) of the said Rules clearly stipulate that for filing the revision petition, certified copy of the impugned order has to be filed. This, to my mind, was in the knowledge of the counsel for the petitioner when he applied for exemption vide application No.2473/96. Had he not been sure about this provision of law, he would not have written in para No.2 of the said application that petitioner undertakes to place on record the certified copy of the impugned order as and when procured. Instead he would have written that the certified copy was not necessary. The contention of counsel for the petitioner that there was fault of the lawyer and that petitioner should not be punished is without substance. The arguments of negligence of counsel cannot be inferred from the facts of this case nor such a negligence can be condemned as held by this Court in the case of Banwari Lal & Sons Pvt. Ltd. v. Union of India, AIR 1973 Delhi 24, where it was held that mistake of counsel should not be a device to conceal negligence or inaction. The Courts are meant for honest litigation. By misrepresenting the facts as mentioned in para No.2 of the application bearing CM.No.2478/96 the petitioner got the exemption. The revision was allowed to be filed without any objection. For such action of the petitioner she does not deserve any discretion. Revision petition without filing certified copy of impugned order is incompetent. Indira Khurana v. Prem Prakash, 1997 (40) DRJ 342 : 1997 (1) AD (Delhi) 236 : 1997 (65) DLT 36. (See also Jagdish Prasad Gupta v. Sh. Surinder Kumar & Others, 1979 (1) RCR 737.) It is not in each and every case the Court calls for the record. It is only where it is so required that the Court suo motu calls for the record. At the same time, duty is caste on the petitioner to file the certified copy with the petition. This Court in the case of Shafiq Ahmed v. Mst. Shah Jehan Begum, AIR 1981 Delhi 202 observed that in the absence of certified copy being accompanied with the revision petition, the revision was incompetent. To the same effect are the observations of this Court in the case of P. C. Puri v. Polyolefins Industries Ltd. & Ors., 37 (1989) DLT 315. In that case against temporary stay granted, revision was filed without filing the certified copies of the orders of the Trial Court. This Court held that the revision was liable to be dismissed. The Court relied on the provisions of High Court orders and Rules and in particular Rule 7 of Chapter-1 Volume 5. It was observed that:

It was encumbent on the petitioner to file certified copy of the lower Court judgment as required under rule 7 of Chapter 1-A
Volume 5 as applicable to this Court and failure to file such copy makes the revision incompetent. Indira Khurana v. Prem Prakash, 1997 (40) DRJ 342 : 1997 (1) AD (Delhi) 236 : 1997 (65) DLT 36.

8. Petition for revision of Small Cause Court decrees to specify the error in lawA petition to exercise the power conferred by Section 25 of the Provincial Small Cause Court Act, 1887, shall specify in what particular the decree or order of the Small Cause Court is not according to law. 9. Power to return petition for amendmentThe Deputy Registrar is authorised to return for amendment, within a time to be specified in an order to be recorded by him on the petition, any petition not down up in conformity with the foregoing directions. 10. Application for review to contain a certificate that there are sufficient groundsEvery application for review of a judgment or order of a Division Bench, or of a Single bench of the High Court presented an Advocate shall be signed by him, and he shall certify that the grounds contained therein are good and sufficient grounds for the review sought. No Advocate shall be heard in support of an application for review of any judgment or order unless and until he has certified in the manner above prescribed the grounds already taken or any amended grounds of application.
COMMENTS Order in review without notice to respondent is only a jurisdictional mistake and is not one without inherent jurisdiction hence respondent has no right to be heard before the writ is admitted. Yogesh Chander Bahree v. The Registrar Punjab University, (1966) 68 P.L.R. 718.

11. Court-feesNo petition, memorandum of appeal or other document, which ought to bear a stamp under the Court-fees Act, 1870 shall be received in the Court until it is properly stamped. 12. Taxing OfficerThe Chief Justice has been pleased to declare that the Registrar of the High Court shall be the Taxing Officer within the meaning of Section 5 the Court-fees Act. 13. Improperly stamped document remains invalid unless filed through mistake and time extended for making up deficiencyAttention is drawn to the provisions of Sections 4 and 28 of the Court-fees Act, and it must be understood in connection with Section 5 of the Indian Limitation Act that an improperly stamped document even though received, filed or used in the Court remains invalid, unless it is proved to the satisfaction of the Court that it was so filed or used through mistake or inadvertence, and time is extended for making up the deficiency in the Court fees. 14. Power to impound documents not duly stampedThe Deputy Registrar is authorised to examine and impound under Section 33(2) (b) of the Indian Stamp Act, 1899, any instrument not duly stamped. 15. If admitted the records in Civil Revisions, First Appeals from Orders, Second Appeals from Orders, First Appeals and Execution Second Appeals should be sent for automatically; provided

that where the case is proceeding in the lower Courts, the Bench admitting the case for hearing may direct that the record of the lower Courts may not be sent for.
Part A(b)]

Part A (b) PRESENTATION OF PETITIONS FOR REVISION IN CRIMINAL CASES AND CERTAIN OTHER CRIMINAL MATTERS

1. All ordinary petitions for revision under Section 436 (399 of the new Code) and 439 (401 of new Code) Code of Criminal Procedure, and other petitions connected with the judicial business of the Court shall be presented by litigants or their advocates by depositing them in the petition box of the Court outside the room of the Deputy Registrar (now on the filing counter on the ground floor of new Delhi High Court building) between the hours of 10 a.m. to 4 p.m. on every working day which is not a Court holiday. In every criminal appeal/revision application the appellant/petitioner shall state that no such appeal/revision application in the same matter has previously been filed, and without that statement such appeal/revision application shall not be accepted. [Appeals, Petitions and applications etc. accompanied by a petition to treat the same as urgent, shall be received at the Filing Counter only up to 12 noon. In exceptional cases, these may be received thereafter for hearing on the following day with the specific permission of Honble the Chief Justice.]
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No appeal or application shall be received unless presented during Court hours from 10 a.m. to 7 p.m. 2. Documents to accompany petition for revision of acquittal orderThe Deputy Registrar shall not in view of the provisions of Section 439(5) (401 of the new Code) of the Code of Criminal Procedure, receive any petition for revision of an order of acquittal passed in a case instituted on police report, unless it is accompanied by a copy of an order of Magistrate of the district, refusing to move the State Government to appeal under Section 417 (378 of the new Code) of the Code. NoteThe complainant has now a right of appeal from an order of acquittal passed in a case instituted upon complaint where the High Court has granted him special leave to appeal on an application made under Section 417(3)[378(4) of the new Code] of the Code (as amended by the Act No. 26 of 1955). [3. (a) Every petition of revision of an order shall be accompanied by a copy of the order in respect of which such application is made.
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(b) In the case of petition for revision of the order passed by Session Judge in revision a copy of the order of the Court of first instance shall also be filed. (c) In the case of petition for revision of the order of an appellate Court, a copy of the order of the Court of the first instance shall also be filed.]

COMMENTS Revision from a provisional order of Sessions Judge need not be accompanied with copy of order of Magistrate. Tokh Ram v. State, 1978 Raj. L.R. (Notes) 18. A revision petition would not be entertained by the High Court unless the aggrieved party has approached the inferior Court in the first instance. Even in cases where the Sessions Judge or the District Magistrate is not capable of passing effective orders and can only submit a report to the High Court it is practice in most of the High Courts to insist on the aggrieved party first approaching the inferior Court. The State of Haryana v. Shri Ram Niwas Biria, 1973 (75) P. L.R. 541. Revision petition is not entertainable by High Court unless party aggrieved had approached the inferior Court in the first instance. State of Haryana v. Shri Ran Nivas Biria, (1973) 75 P.L.R. 541. Rule 3 does not take away the jurisdiction of the High Court to entertain revision petition directly. Inderjit Singh v. Ch. Bansi Lal Chief Minister, Haryana, (1973) 75 P.L.R. 619. If a revision is filed directly to the High Court and that too without stating compelling circumstances, can be dismissed for a contravention of Rule 3 even at the time of hearing. Petitioner cannot be heard to say that a petition having been admitted should not be dismissed for non-compliance with Rule 3, ILR 1973(1) Punjab 385. Revision directly to High Court without approaching first to Session Judge is not maintainable. Vijay Pat v. The State through Delhi Admn., Delhi, 1972 Cr.LJ. 543 (Delhi). A petition under Section 482 Cr.P.C., if treated as a revision should not be rejected on the ground of non-filing of certified copy of the order impugned, specially when the original order is on the record. Raj Kapoor v. State, 1980 Raj. L.R. 222.

4. Copies of bail applications to be supplied to Advocate GeneralCopies of all bail applications received in the High Court relating to criminal cases pending in lower Courts, when bail has already been refused by the lower Courts, shall be supplied to the Advocate General by the Deputy Registrar to enable him to appear, if desired, on behalf of the Government provided that hearing of any particular case by the Judge to whom it is assigned is not delayed by the procedure. 5. Bail ApplicationsIn every application for bail presented to the High Court the petitioner shall state whether similar application has or has not been made to the Supreme Court, and if made shall state the result thereof. An application which does not contain this information shall be returned for re-submission with the necessary information. 6. Documents to accompany transfer applicationsWhere a petition or application for the transfer of a criminal case from one criminal Court to another criminal Court in the same Sessions division is made to the High Court, it shall contain an averment, supported by an affidavit or attested copies, that an application for the transfer of the case was made to the Sessions Judge and was rejected by him. [Vide sub-section (1-A) of Section 526 and sub-section (1-C) of Section 528 of the Code of Criminal Procedure, as inserted by Act No. 26 of 1955 (Section 407 of new Code)]. 7. Documents to accompany petition for transfer or for revision of interlocutory order Records not be sent forPetitions for transfer or for revision of an interlocutory order in a pending criminal case shall be refused by the Deputy Registrar unless accompanied by attested

copies of the documents relied on by the petitioner. If admitted the records should not be sent for unless Judge specifically so orders.
COMMENTS If in a revision against order in first appeal copy of order of trial Court is not filed within the limitation, then revision is not competent. Shafiq Ahmed v. Shah Jahan Begum, 1981 Raj. LR. 363.

8. Copies of certain petition to be supplied to Advocate-GeneralA copy of the petition for Transfer or for Habeas Corpus or for a Criminal Writ shall be supplied to Advocate-General before it is filed in Court. The petition shall state whether a copy has been supplied in accordance with this rule and if a copy has not been supplied the reasons for not supplying the same shall also be stated. 9. Procedure for notifying dates of hearing of urgent petitionsNotice of the hearing of urgent petitions shall not be given individually to the petitioner or his counsel but a list of such petitions shall be hung up for the purpose on the notice-board outside the Deputy Registrars room on the day preceding the date fixed for the hearing of these petitions giving the name of the Judge by whom the petition will be heard. 10. Service of notice in transfer petitionsIn petitions for transfer of cases under Section 526 (407 of new Code), Criminal Procedure Code, filed in the High Court, the District Magistrate shall, without fail, return all notices received by him from the High Court, whether for himself or for parties after service, within one week from the date of their receipt. 11. Submission of reports by District Magistrate on transfer petitionsThe District Magistrate shall, without fail, also submit, within one week from the date of receipt of the High Court letter, all reports of explanation called for by the High Court from himself or the Magistrate concerned with regard to allegations contained in the petitions for transfer or affidavit, copy whereof will accompany the said letter. [For instructions issued by the High Court to the lower Courts regarding submission of records under Section 438 (400 of new Code), Criminal Procedure Code, to the High Court for purposes of revision see Chapter 25-B Vol. III.] 12. Register of Summary trialsIn petitions under Section 439 (397 of new Code), Criminal Procedure Code, against the order of a Magistrate or a Bench of Magistrates, in cases tried summarily and in which there are no records except entries in the Register of summary Trials (Criminal Register No. XVII), certified copies of the relevant entries in the Register shall be called for, instead of the Register. 13. Copies of applications filed by complainants for special leave to appeal from orders of acquittal to be supplied to the Advocate-GeneralCopies of applications presented in the High Court by complainants under Section 417(3) [478(4) of new Code] of the Code of Criminal Procedure for special leave to appeal against the orders of acquittal shall be supplied to the Advocate-General and a certificate to that effect obtained from him before filing them in the High Court.

Part B]

Part B THE RECEPTION OF PAUPER APPEALS

1. Appeals to be accompanied by application for leave to appealNo application for leave to appeal as a pauper shall be received unless it is accompanied by a memorandum of appeal, nor shall a memorandum of appeal purporting to be on behalf of a pauper be received unless it is accompanied by an application for leave to appeal as a pauper. A schedule of any movable or immovable property belonging to the applicant, with the estimated value thereof shall be annexed thereto. The schedule shall also be signed and verified in the manner prescribed for the signing and verification of pleadings. 2.(a) Who can presentSuch application and memorandum shall be presented to the Court by the applicant in person, unless he is exempted from appearing in Court, under Section 132 or Section 133 of the Civil Procedure Code or any other provision of law. In the latter case the application and memorandum can be presented by an authorised agent who can answer all material questions relating to the application. Such agent may be examined in the same manner as the party represented by him might have been examined, had such party attended in person. (b) Grounds for exemption to be stated if not presented personallyEvery such application, if presented by an agent shall state on the face thereof, that the applicant is a person exempted from appearance under Section 132 or Section 133 of the Code or Civil Procedure or any other provision of law and shall not be received unless it contains such statement. 3. Treatment of petition not duly presentedWhen an application or memorandum of appeal is one that cannot be received under the foregoing directions the Deputy Registrar shall record, or cause to be recorded thereon, the name of the person presenting such application or memorandum, the date of its presentation, and an order returning the same for due presentation with the reason for such order, and shall sign and date such order with his own hand.
Part C]

Part C APPLICATIONS UNDER ORDER XXII, CODE OF CIVIL PROCEDURE (i) Legal representatives of deceased parties and appeals by persons who were not parties to the decree or order

1. Procedure to make respondent the legal representative of deceased party who died after the decree or order appealed fromWhenever a party to a decree or order, which is appealable to the High Court, desires to appeal therefrom and to make as a respondent to his appeal the legal representative of a person who, having been a party to such decree or order, has died after the date of such decree or order, and who, if alive, would be a necessary party as a respondent to such appeal, and whose legal representative has not as such been made a party to the decree or order, or to subsequent proceedings thereunder or thereon, the party so desiring to appeal may present to the High Court for admission a memorandum of appeal with the name of such legal representative mentioned therein as such as that of a respondent if at the time when he presents such memorandum of appeal for admission, he along with such memorandum of appeal,

presents an application for leave to make such legal representative as such a party as a respondent to his appeal, and, except as hereinafter provided, an affidavit stating such facts as may be necessary in support of his application: Provided always that a Judge of the High Court may, by an order, allow in his discretion reasonable time in that behalf for the presentation of such affidavit, if it appears to him that the applicant could not by the exercise of due diligence have procured such affidavit is time for presentation along with the memorandum of appeal. 2. Appeals by persons other than parties to the decree or order appealed fromWhenever by a decree or order which is appealable to the High Court the interest of: (a) a beneficiary in property which at the date of such decree or order was vested in or in the possession of a trustee, an executor, an administrator, or a receiver or manager appointed by a Court who as such was a party to such decree or order; or (b) a legal representative as such of a deceased party to such decree or order; or (c) an assignee of a party to such decree or order by assignment subsequent to the date of such decree or order; or (d) a person whose interest arose after the date of any such creation or devolution of interest by, through, or from any party to such decree or order is affected; and such beneficiary, legal representative, assignee, or person was not or has not been made a party to such decree or order or to proceedings thereunder or thereon, and desires to present to the High Court for admission a memorandum of appeals from such decree or order, he may name himself therein as an appellant if at time when he presents such memorandum of appeal for admission he along with such memorandum of appeal presents an application for leave to make himself an appellant, and, except as hereinafter provided, an affidavit stating such facts as may be necessary in support of his application: Provided always, that a Judge of the High Court may, by an order, allow in his discretion a reasonable time in that behalf for the presentation of such an affidavit if it appears to him that the applicant could not by the exercise of due diligence have procured such affidavit in time for presentation along with the memorandum of appeal.
COMMENTS Where a party to a decree which was appealable to the High Court, died before filing of the appeal and his legal representatives filed an appeal within the prescribed period of limitation showing themselves as his sons but failed to put in an application at the same time for permission to appeal as legal representatives as required by the rule, but they did so after objection was raised by the office. It was held that under the circumstances, putting in an application as contemplated by the rule was only a formality which also had been complied with on the objection being raised. In such a contingency the appeal neither abated nor was it incompetent and could not be dismissed that ground. Baton Singh v. Nathu Birju, AIR 1961 Punjab 503.

3. Procedure to make respondent the legal representative of a party who died before the decree or order appealed from but whose legal representative has not been brought on recordWhenever in any suit or appeal from the decree or order, in which an appeal may be

preferred to the High Court, a party has, before the appealable decree or order in such suit or appeal has been made, died, and the name of such deceased party appears in such decree or order as that of a party thereto, and his representative has not been brought upon the record, and such deceased party would, if alive, be necessary party to an appeal to the High Court from such decree or order, and any party to such decree or order, or the legal representative of any such party, having a right of appeal from such decree or order, desires to appeal from such decree or order, and to make the legal representative of such deceased party to the appeal, he may present to the High Court for admission a memorandum of appeal with the name of such legal representative mentioned therein as a party appeal for admission he along with such memorandum of appeal presents an application for leave to make such legal representative a party to the appeal, and except as hereinafter provided, an affidavit showing that he did not know, before the decree or order from which desires to appeal was made, that such deceased party had died, or that he had no reasonable opportunity of informing the Court which made the decree or order, before such decree or order was made that such deceased party was dead, and stating such other facts as may be necessary in support of his application; provided that a Judge of the High Court may, by an order allow in his discretion a reasonable time in that behalf for the presentation of such affidavit, if it appears to him that the applicant could not by the exercise of due diligence have procured such affidavit in time for presentation along with the memorandum of appeal. 4. Amendment of memorandum of appeal when a deceased person made a party in ignorance of deathWhenever, after a memorandum of appeal has been presented of the High Court, any appellant or any party interested in the maintenance of any objection filed in the appeal under Order XLI, Rule 22 or 26 of the Code of Civil Procedure first ascertains that a person, whose name appears in the memorandum of appeal, as that of a party to the appeal, and who, if alive, would be a necessary party to such appeal or objection, had died before the memorandum of appeal was presented to the High Court or admitted such appellant or party so interested as aforesaid may, but subject to the law of limitation, apply for an order that the memorandum of appeal be amended by substituting for the person, who has so died as aforesaid, his legal representative, if at the time when he presents such application, he along with such application, except as hereinafter provided, presents for filing an affidavit showing that such application is made will all reasonable diligence after the fact of the death of such person first came to the knowledge of such applicant or the agent, if any, acting on his behalf in the litigation; provided that a Judge of the High Court may, by an order, allow in his discretion a reasonable time in that behalf for the presentation of such affidavit, if it appears to him that the applicant could not by the exercise of due diligence have procured such affidavit in time for presentation along with the application.
(ii) General Rules as to Suits and Appeals

5. Application to bring on record legal representative of a party to show death of date Every application (a) under Order XXII, Rules 3(1) and 11 of the Code of Civil Procedure, by a person claiming to be legal representative of deceased plaintiff or appellant to enter his name on the record in place of the deceased party;

(b) under Order XXII, Rules 4 and 11 of the Code of Civil Procedure, to make the legal representative of a deceased defendant or respondent a party in place of the deceased; and (c) under the second clause of Order XXII, Rule 3 of the Code of Civil Procedure, by a defendant or respondent; shall, in addition to any particulars required by law, state approximately the date of the death of the deceased party.
COMMENTS Application to bring legal representatives of deceased defendant on record must be accompanied with ain affidavit. Rule 5 is mandatory, 1LR 1973 HP 1314.

6. Application to set aside order of abatement or dismissalEvery application under Order XXII, Rule 9 (read with Rule 11) of the Code of Civil Procedure, by a person claiming to be the legal representative of a deceased or the assignee or the receiver of an insolvent plaintiff or appellant, for an order to set aside an order of abatement or dismissal, shall state the cause which prevented him from continuing the suit or appeal. 7. Affidavit to accompany application made under Rules 5 and 6 and application to add or substitute a partyEvery application of the kind specified in Rules 5 and 6 of these rules and every application under Order XXII, Rule 10 of the Code of Civil Procedure, to make the petitioner or some other person an addition or substituted party in a suit or appeal, shall as to the allegations of fact contained in such application, be verified by affidavit. 8. Mode of presentationEvery application under Order XXII of the Code of Civil Procedure shall ordinarily be presented to the Deputy Registrar, who shall cause the date of presentation to be entered thereon. 9. Return for amendmentThe Deputy Registrar shall examine the application, and, if it does not satisfy the requirement of the Code or of these rules in that behalf, may return it to the person presenting it, for amendment and representation within a time to be noted on such application under his signature, or may refer application to a Judge for orders. 10. Effect of not presenting application before the date of hearingAny such application may be presented to a Judge or to Bench (as the case may be) on the date fixed for the hearing of the case; but unless sufficient cause be shown for the application not having been presented in the ordinary course to the Deputy Registrar, before such hearing, the applicant will become liable to pay the costs of any adjournment or postponement caused by the omission to present the application to the Deputy Registrar. 11. When an application to have the name of the legal representative of a deceased party, or the name of an additional or substituted party, brought on the record, or to have the name of a party struck off the record, is granted by order of a Judge or Bench (as the case may be), the Deputy Registrar shall cause the record of the proceeding in the High Court to be amended in conformity with such order.

12. Form of amendmentEvery person admitted on the record as the legal representative of a deceased plaintiff, defendant, appellant or respondent, shall be described as the legal representative of A.B. deceased plaintiff (or defendant, appellant or respondent, as the case may be); and, similarly in the case of an insolvent plaintiff, defendant, appellant, or respondent.
(iii) Special Rule as to Suits

13. Application in original suits to be granted by the trial JudgeApplication under Order XXII of the Code of Civil Procedure, in original suit, then presented of the Deputy Registrar, shall subject to Rule 9 of these rules, be laid by him for orders before a Judge who shall ordinarily be the Judge before whom the suit to which it relates is pending.
(iv) Special Rules as to Appeals

14. When an application of the kinds specified in Rule 5 of these rules is presented to the Deputy Registrar in relation to an appeal pending amendment, and the Deputy Registrar does not deem it necessary to refer the application for the order of a Judge, he is authorised to make an order granting the application Subject to all just exceptions and to cause the necessary amendments to be made in the memorandum of parties names and notices to be issued to the parties concerned to show cause on the date fixed for hearing the appeal. Where, however, the application is time-barred or affects a minor, the Deputy Registrar shall refer it for the order of a Judge. 15. Others to be granted by a JudgeEvery application under Order XXII of the Code of Civil Procedure, not falling within Rule 14 of the rules or not granted under that rule, shall be laid before a Judge for orders.
(v) Rules as to proceedings other than Suits and Appeals

16. Rules to apply to other proceedingsThe foregoing rules shall apply to all proceedings of a civil nature, other than suits on appeals, to which Order XXII of the Code of Civil Procedure is applicable.
Part D]

Part D THE REPRESENTATION OF MINORS AND PERSONS OF UNSOUND MIND

1. Appointment of next friend or guardianWhenever a Judge or Bench sees cause to appoint a next friend of a minor plaintiff or appellant or a guardian in the suit or appeal of a minor defendant or respondent, and an order to that effect is passed, the Deputy Registrar shall cause the memorandum of parties names in the suit or appeal to be amended accordingly. 2. Officer to note minority on memorandum of appeal for order of the JudgeIn every appeal presented to the Deputy Registrar in which it appears from the memorandum of appeal or the copies of the judgments filed therewith, that the appellant or respondent or any of the appellants or respondent is a minor, the Deputy Registrar shall cause a note to be made on such appeal for the information and orders of the Judge or Bench exercising jurisdiction in the appeal.

3. Notice of appeal to issue until guardian has been appointedNo notice in relation to an appeal shall be issued to any respondent who, from the memorandum of appeal of the proceedings of the lower Courts, appears to be a minor, unless and until a guardian for such minor has been appointed by an order of the Court or unless the issue of such notice be authorised by the special order of a Judge. 4. Rules to apply to proceedings other than appealsThe foregoing rules shall apply, so far as may be to proceedings in review of judgment or in revision and to proceedings of a civil nature other than suits or appeals, to which XXXII of the Code of Civil Procedure is applicable. 5. Rule to apply in case of persons of unsound mindThe foregoing rules relating to the representation of minors shall apply, mutatis mutandis, to the representation of persons of unsound mind, adjudged to be so under any law for the time being in force. 6. Savings for Princes and ChiefsThe foregoing rules are subject to the provisions of Order XXXII, Rule 16 of the Code of Civil Procedure. 7. A single Judge may pass ordersNothing in the foregoing rules shall be deemed to require that any order made thereunder shall be made or signed by more than one Judge of the Court.
Part E]

Part E THE MAKING AND FILING OF AFFIDAVITS IN THE HIGH COURT

1. Form and attestation affidavitsAffidavits intended to be presented in the High Court in support of an assertion of any fact shall be drawn up and attested in the manner prescribed in Chapter 12 of Volume IV of High Court Rules and Orders. Such affidavits shall be declared before some Court or officer appointed to administer the oath to the deponent. The affidavit shall be written in a language which the deponent understands. If the affidavit is in a language other than the English language then its translation in English shall also be filed in Court. 2. When affidavits necessaryWhen a memorandum of appeal, cross-objection, petition or application in any proceeding in the High Court contains an assertion of any fact or facts contrary to or outside the record or not supported by evidence already on record, such assertion shall be supported by one or more affidavits. 3. Affidavits when to be presentedSuch affidavit shall ordinarily be presented with the memorandum of appeal, cross-objection, application or petition. 4. Effect of absence of affidavitAny ground contained in any such memorandum of appeal, cross-objection, application, or petition containing an assertion of fact not supported by affidavit may on the hearing thereof be ordered, by the Judge or Bench to be struck out or amended summarily, unless leave be granted to present an affidavit in support thereof.

5. Counter-affidavitFacts asserted by a party showing cause against any appeal, application or petition supported by affidavit, shall likewise be supported by affidavit, whether the facts asserted be in contradiction of the facts asserted in support of the same or be fresh matter. Such affidavits must ordinarily be presented before the date fixed for the hearing but may with the permission of the Judge be presented at the hearing. 6. Evidence to be given by affidavitWhen upon any application any evidence to be given, such evidence shall ordinarily be given by affidavit as provided in Order XIX, Rule 2 of the Code of Civil Procedure, and not otherwise, unless by an order of a Judge or Bench Explanation : Evidence give in support of any of the following or similar applications should be given by affidavit unless otherwise ordered: (a) applications to admit an appeal or application, which is prima facie barred by time; (b) applications to add parties or to substitute representative of parties; (c) applications to re-admit an appeal or application which has been dismissed for default or to re-hear an appeal heard in the absence of the respondent. (d) applications to transfer or withdraw a suit or appeal; (e) applications to stay execution of decree or order; (f) applications for security of costs; and (g) applications for leave to appeal in forma pauperis. 7. Affidavits to be presented toAffidavits intended to be used in any proceeding before the High Court may be presented unless otherwise directed, to Judge or Bench at the time when the proceedings is called on, or before such time to the Registrar, or the Deputy Registrar, who shall thereupon file them with the proceeding after noting thereon the date of presentation. 8. No affidavit shall ordinarily be read at the hearing of any appeal, application or other proceeding unless a copy thereof has been served upon the other party or his Advocate at least three days before such hearing. Provided that this rule shall not apply to urgent application or to applications made ex parte. 9. Affidavit to be attested byUnder the provisions of Section 139, clause (b) of the Code of Civil Procedure, the following officers have been appointed by the High Court to administer the oath to the deponent in the case of any affidavit under the said Code: (1) The Registrar for the time being. (2) The Deputy Registrar for the time being.

(3) The Superintendent Judicial for the time being. (4) The Private Secretary to the Chief Justice.
Part F]

Part F PROCESSES ISSUED BY THE HIGH COURT IN THE EXERCISE OF ITS JURISDICTION

The following rules have been made by the High Court under clause 27 of the Letters Patent constituting, the High Court, for regulating the payment of process fee for processes issued by the Court in exercise of its jurisdiction 1. Amount of process-feeA fee of rupees three in Court-fee tables shall subject to rules in chapter 5-B, Rules and Orders of this Court, Volume IV, be charged for each summon, notice or other process issued by the Court. 2. Period allowed-Unless otherwise ordered by a Judge, process-fee shall be paid within a period not exceeding seven days from the date of the order admitting an appeal or application or of an order for notice or warrant; provided that if the office of the Court is closed on the seventh day, the fee shall be tendered on the next day the office is open. The office shall not be required to give any notice or intimation that such process-fee is payable. Note 1In motions which are admitted, the Court Reader will draw the attention of the appellant or petitioner, who appears in person and not through counsel, to rule and take his signature under the order of admission in token of communication. Note 2No process-fee shall be accepted unless it is accompanied by copies of the memorandum of appeal or concise statement, as the case may be in view of the provisions of Order XLI, Rule 14(6), Civil Procedure Code, as amended by this Court. Note 3No fee is charged for issue of process in criminal cases in this Court. 3. Receipt of the processNo process shall be prepared or issued until the proper fee for the service thereof has been paid, where necessary, but as soon as the process-fee is paid, a receipt in the form contained in the Appendix to these rules shall be granted by the official receiving the same and thereafter the Court-fee label denoting the fee shall be placed on the record of the case and immediately punched. 4. Action on defaultProcess-fee tendered after the expiration of the period fixed in Rule 2 shall be refused unless it is accompanied by an application, duly stamped with Rs. 2.65 paise Court-fee under Article I(d)(iii) of Schedule II to the Court-fees Act, 1870 and giving reasons for tendering process-fee late. 5. On the presentation of such application, the Deputy Registrar may, when he is satisfied that service of process can be effected before the date already fixed for hearing, accept the process-

fee so tendered and cause notice to be issued for the date of hearing already fixed. Where the Deputy Registrar is of opinion that service cannot be effected before the date of hearing, he will cause the application to be laid before a Judge for orders as to acceptance of be lated process-fee and the fixing of a fresh date of hearing. 6. Action on defaultIn the event of Process-fee not being paid and no application as provided in Rules 4 and 5 being made, the cause will be listed for a date soon after the original date of hearing before a single Judge or a Division Bench, as the case may be, for disposal according to Order 9, Rule 2, or Order 41 Rule 18, Civil Procedure Code, or otherwise, as the Court may order. Previous notice of the date so fixed will be given to the appellant or petitioner by listing the cause as a Motion Cause and, where the appellant or petitioner in the case is not represented by counsel, by registered post-card also. (High Court Notification No. 32-R/V/H/l 1, dated the 2nd February, 1943).
APPENDIX (Delhi High Court at New Delhi) Process-fee Receipt

Received on . . . . . . . (date) Court-fee stamp of the value of Rupees . . . . . . in case No. . . . . . . . . . . . . . . . . . . in re . . . . . . . . . . . . Versus . . . . . . . . . . . . . . . . . . . . . Signature of the Head Notice-writer. (. . . . . . . . . . . . . . . Branch) 1. Substituted vide Notification No. 208/DHC/Rules dated 5-8-1988 (w.e.f. 1-12-1988). 2. Substituted for third paragraph vide Notification No. 47/Rules/DHC dated 11.4.2002. 3. Substituted vide Notification No. 237/DHC/Rules dated 4-12-1976.

CHAPTER 2
Ch. 2

Preparation of Records
Part A]

Part A REPARATION OF RECORDS IN FIRST APPEALS

1. Cyclostyling of records in first appeals from ordersIn first appeals from orders, no cyclostyling will be required unless specially directed by the Judge admitting the appeal, who will in that case order at his discretion the cyclostyling of either (i) and ordinary paper book, or (ii) a cyclostyled record under these rules, to be done and filed by the appellant(s) within one month. 2. Cyclostyling of records in First Appeals from decreeIn first appeals from decrees admitted to a hearing, a cyclostyled record shall, unless special orders are given to the contrary, be prepared and filed by the appellant(s) within three months of the date of admission of appeal in accordance with the instructions hereinafter contained. [2A. If the appellant fails to prepare and file the cyclostyled record within the prescribed time, the respondent shall have right to file the same, at the expense of the appellant after due notice the appellant. The respondent shall have a right to file, at his cost, ten cyclostyled copies of additional record which he may like to be referred to at the hearing of the appeal within one month of the service of notice of appeal on him and in case where by a special order of the Court cyclostyling of record has been dispensed with six typed paper books of the additional record.]
2

3. Contents of cyclostyled record(1) In the absence of special order, the cyclostyled record under Rule 2 shall consist of.......... (i) (a) The plaint and pleas, (b) Documents either referred to in the plaint as forming the basis of the suit or considered by the Court in its judgement, or duly proved by either of the parties in the Court. Documents in the vernacular will be translated into and cyclostyled in English. (ii) The autograph record of the Court, translated into English, if in vernacular. (iii) The report of the local Commissioner, if any, appointed under Order XXVI of the Civil Procedure Code, translated into English, if in vernacular. With the report, should be cyclostyled

and statements of the parties recorded before the Commissioner and tabular statements prepared by him, if they form an integral portion of his report. (iv) Evidence taken on commission under Order XXVI of the Civil Procedure Code, translated into English, if in vernacular. (v) The grounds of appeal to the High Court, in English. (vi) The order of the Judge or Bench admitting the appeal. (2) The Court may, however, dispense with the inclusion of any document or translation of any document from being included in the paper book.
COMMENTS The party on whom the duty falls under Rule 3 of the Chapter 2-A of Volume V of the High Court Rules and Orders is not the party which relies on the document in the sense that he produced it, but the party for whose case in appeal the document is necessary and essential, and it is as necessary and essential to an appellant who impugns the correctness of a document or contends that it has not been correctly weighed and interpreted, that it should be printed. Of course, under Rule 5 of the said Rules the Court can permit at the hearing reference to a document not included in the printed record, but ordinarily, it is incumbent on a party who want to refer to a document at the hearing to have it printed as required by the Rules. Union of India v. Harnam Singh, (1966) II D.L.T. 586.

4. Contents of record where cyclostyling dispensed withIn case where, by a special order of the Court, cyclostyling of record has been dispensed with, six typed paper books will be prepared and filed by the appellant(s) within one month of admission of the appeal consisting of: (a) The plaint and pleas. (b) Issues. (c) Oral evidence whether recorded in Court or on commission. (d) Impugned Judgement/Decree. (e) Grounds of Appeal. (f) The order of the Bench admitting the appeal. 5. Case in which record not cyclostyled may be referred to at the hearingAny part of the record not cyclostyled under Rule 3 may be referred to at the hearing with the permission of the Court, but no party shall have a right to refer, during the hearing, to any document not cyclostyled: Provided that extracts from Revenue Records need not be cyclostyled in extenso. The parties may refer to the original record for such extracts, maps and plans. 6. Checking of cyclostyled record and cost of checking(1) The Registry shall, as soon as the record in a First Appeal has been received, check the cyclostyled record filed by the parties and

send a notice to the party concerned notifying its correctness or, as the case may be, pointing out discrepancy to be rectified within the time specified in the notice. (2) The cost of checking the cyclostyled record shall be borne by the party filing the same and shall be paid as provided for in Rules 9 and 10 below. 7. Order of documents in the cyclostyled recordAll documents included in the cyclostyled record shall be cyclostyled according to their serial order, first those produced by the plaintiff and then those produced by the defendant. On each document shall be endorsed the order by the date on, which it was admitted by the Court. Provided that when counsel for both the parties agree that the documents should be arranged for convenience in a different order, the documents shall be cyclostyled in that order. In that case, a foot-note shall be added on the first page of the volume of documents that the documents have been cyclostyled in the order suggested by counsel for the parties. 8. Translation of vernacular documentsIn every appeal in which under these rules a record has to be cyclostyled, vernacular documents included in the said record shall ordinarily be translated and not transliterated. Translation of the vernacular documents made by the parties for the purpose shall be got revised from the Registry of the Court before filing the cyclostyled record. The cost of the revision shall be borne by the parties by whom the vernacular documents are translated and filed.
COMMENTS The Rules made under paragraph 42 of Himachal Pradesh (Courts) order do not relate to the presentation of appeals, but only to the preparation of paper book for the hearing of appeals, which must have already been presented. In so far as such a rule requires the making of the deposit prior to the filing of the appeal, it should be construed as directory and not mandatory. Compliance with Rule 8 of Volume V Chapter 2-A of High Court Rules and Order (Punjab) is not intended to be a condition precedent to the viability of the appeal. Therefore, the rule is to be construed as directory and not mandatory. Shankar Dass v. Smt. Shanti Devi, 1969(71) P.LR. (Delhi) 155. Rule requiring deposit of typing charges before institution of appeal is not mandatory but directory. Shankar Dass v. Smt. Shanti Devi, 71 P.LR. (Delhi) 155

9. Initial deposit by appellantIn every appeal in which under these rules a cyclostyled record has to be filed, the appellant(s) shall, with the appeal, attach a receipt for a sum of one hundred rupees which should be deposited with the Treasurer of the High Court to cover the cost of checking of the translation and cyclostyled record. No first appeal from a decree shall be received unless it is accompanied by such receipt.
COMMENTS The right of appeal is given by Section 96 of C.P.C. and rule does not relate to presentation of memorandum of appeal but only to the preparation of paper-books for the hearing of appeals which must have already been presented and therefore, in so for as Rule 9 requires the receipt of advance printing charges to be filed, it should be considered as mandatory. Union Bank of India v. Jagan Nath Radhey Shyam & Co., AIR 1979 Delhi 36. Appeal filed without depositing requisite printing charges, does not prevent Court from condoning such lapse. Heemanshu Traders v. Delhi Electricals, 1976 Raj. LR 225.

10. Further Deposits(1) If the deposit required under Rule 9 proves insufficient to cover the cost of checking of the translation and the cyclostyled record, the Joint Registrar/Deputy Registrar may, by a notice in writing, required that such further deposit as seems to him necessary shall be made within one month. (2) If the further deposit be not made within one month of the date of receipt of the notice, the appeal shall, on the expiry of that period, be laid before a Judge for orders who may, in his discretion, grant further time or dismiss the appeal. The Judge may further, in his discretion discharge or modify and Ad interim orders passed earlier in the case. The case shall be laid before a Judge for orders every time the default is repeated. NoteIf the total sum required as deposited under Rules 9 and 10 exceeds Rs. 200/- the matter will be reported for the orders of a Judge. 11. Period for further deposit may be enlargedThe period fixed by Rule 10 for the payment of the deposit may, on cause being shown in an application duly stamped, he enlarged by an order of the Court so as to permit the amount of such deposit to be paid by instalments. 12. Number of copies cyclostyled recordSuch number of copies of the record shall be cyclostyled as the Court may, by general rule in this behalf or by special order in any particular case direct. NoteThe number of cyclostyled copies ordinarily to be filed has been fixed at 10. Enough copies should be cyclostyled and furnished if the number of respondents in appeal exceeds three. [Provided that appellants in Regular First Appeals in land acquisition cases will file three copies of paper books instead of the present ten.
3

Provided further that trial Court record in land acquisition cases should not be printed and filed with the paper books unless so ordered by the Court.] 13. Copies supplied free to parties. Price of additional copiesThe respondent(s) may each obtain two copies of cyclostyled record free of charge and one additional copy free of charge for each advocate or pleader employed in excess of two. The additional copies if available, may be purchased at 50 paise per page of cyclostyled matter. 14. Copies to be supplied before hearingParties and counsel shall be entitled to receive copies of the cyclostyled record on application to the Registrar or Deputy Registrar at least one month before the date fixed for hearing. 15. (1) Cyclostyling expenses to be included in costsAt the foot of every cyclostyled record shall be noted the amount of the cyclostyling and incidental charges, and the party hearing the same and such amount shall be included in the costs of the appeal unless the Court shall in any case otherwise direct.

(2) Refund of balance of costShould the amount so charged be less than the sum or sums deposited under Rules 6, 9 and 10, the Registrar or the Deputy Registrar shall refund the unexpanded balance to the party by whom the deposit was made. Should it be more he will take action under Rule 10 or 11. 16. Matters to be referred to CourtThe Registrar or the Deputy Registrar may, and if so required by either party by petition duly stamped shall refer to the Court any matter not herein expressly required to be referred. 17. Reference to dealt with by one JudgeFor the purposes of these rules, when an order, of the Court is required, the order of one Judge shall be sufficient and such order shall, subject to reconsideration by the Bench hearing the appeal, be conclusive. 18. Supplementary cyclostyled record(1) When an order has been made by a division or Full Bench, under Order XLI, Rule 25 or Rule 27 of the Code of Civil Procedure, in an appeal to which these rules have been applied, and additional evidence has been taken in pursuance of such order, a Judge may, at any time after completion of the records of the enquiry, make an order that a supplementary cyclostyled record be prepared and filed of (i) the order made under Order XLI, Rule 25 or Rule 27, of the Code of Civil Procedure, and (ii) the proceedings taken thereunder or any part thereof. (2) The order shall direct by which party or parties the expense of preparing the supplementary record of any part thereof shall be borne in the first instance. (3) When a Judges order for the preparation of a supplementary record has been made, the Registrar or the Deputy Registrar shall deal with the matter under the foregoing rules so far as applicable.
SCHEDULE A Index of the Papers Cyclostyled

First Appeal No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of (Name) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Plaintiff or Defendant-Appellant. (Name) . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Defendant or Plaintiff-Respondent. Serial No. Date of the document etc Description of the document etc. Page

Petition of Plaint

Serial No.

Date of the document etc

Description of the document etc.

Page

Written statement of defendants. Plaintiffs rejoinder to above. Defendants rejoinder to above. Issues. Plaintiffs oral evidence (each witness by name). Defendants oral evidence (each witness by name). Notes of the arguments advanced by the parties. Judgement of the Trial Court. Decree of the trial Court. Petition of appeal to the High Court. Order of the Judge admitting the appeal to a bench. (documents referred to in the plaint or considered in the Judgment or duly proved by either of the parties in the trial Court). NoteIntermediate orders of the Court should be inserted in Chronological order as they occur.
SCHEDULE B

The cost of transcribing, transliterating, translating and cyclostyling the record will be charged for at the following rates under Rules 6 and 10 above: Rs. Paise

Transcribing the record, per page 0-75 Transliterating the record, per 1,000 words 4-00 Translating and revising the record per 250 words or part thereof 4-00 Checking the cyclostyled record, per page 0-50 Paper, per sheet of cyclostyled matter 0-10 Typing charges of the record (six copies) to be prepared in 2 sets of 3 copies each at the rate of per 1,000 words or part thereof. 8-00
Part B]

Part B THE PRINTING OF PAPER-BOOKS IN SECOND APPEALS AND REVISIONS

1. Paper-books when to be printedPaper-books shall be printed in all second appeals which are admitted to a hearing before a Division Bench. In other cases typed paper-books shall be prepared unless the Motion Bench or the Bench referring the case to a Division Bench or a Full Bench orders that the paper-books shall be printed. 2. ContentsThe paper-book shall consist of: (a) copies or translations of the judgments of the Lower Courts and the decree of the Lower Appellate Court; (b) the grounds of appeal or revision and a memorandum of the names of the parties or, if the appeal or revision was filed in vernacular, a translation thereof; and (c) a copy of the order of the Judge admitting the case to a Bench. 3. Cost of printing paper(1) In every appeal in which a paper-book has under these rules to be printed, the appellant shall within fifteen days of the date of the order admitting the appeal, deposit with the Treasurer of the High Court, a sum of rupees fifty-five to cover the cost of the paper-book at the rates specified in the Schedule. In the case of cross-appeals, the cost of the paper-book shall, however, be paid by the parties in proportion to the amount involved, unless a Judge otherwise directs. (2) An additional sum of Rs. 10 for translating the plaint and pleas shall be similarly deposited in every case in which the plaint and the pleas are to be included in the paper-book. The plaint and pleas shall not, however, be printed except at the express request of the parties or their counsel, or, when so directed by the Judge or Judges admitting the appeal. NoteIn all appeals filed in the Circuit Court at Delhi, the sum mentioned in the rule shall be paid either in the form of Indian Postal Orders in the name of the Registrar, Punjab High Court at

Chandigarh or sent by money order to the High Court, Chandigarh, and money order receipt attached thereto (no significance now after the formation of Delhi High Court). 4. Procedure on non-payment of depositIf the applicant or respondent fails to deposit the sum or sums required under Rule 3 within the prescribed period the procedure laid down in clause (b) of Rule 10 of Part A of this Chapter shall be followed. 5. Number of copies to be printedSuch number of copies of the paper-book shall be printed as the Court may, by general rule in that behalf or special order in a particular case, direct. NoteThe number of copies ordinarily to be printed has been fixed at ten. Enough copies should be printed to enable juniors watching the case to be provided with a paper-book. 6. Supply of copies to partiesEach appellant and the respondent appearing separately may obtain two copies of the printed paper-book free of charge, and additional copies, if available, may be purchased at three rupees a copy. 7. Printing expenses to be included in costs(1) At the foot of every paper-book shall be noted the amount of printing and other charges, and the party from whom levied, and such amounts shall be included in the costs of appeal, unless the Court shall in any case otherwise direct. (2) Should the amount so charged be less than the sum or sums deposited under Rule 3, the Registrar or the Deputy Registrar shall refund the unexpended balance to the party by whom deposit was made. Should it be more, he will take action under Rule 4.
COMMENTS Without certified copy of impugned order it is not possible to competently, decide case. Moti Ram v. Ram Chand, 1972 Raj. LR. (notes) 238.

8. InterpretationFor the purpose of Rules 3 to 7, the expression Appeal shall include a petition for revision admitted to a hearing before a Division Bench or referred to a Full Bench and the expression Appellant shall include a petitioner in the revision petition.
Part C]

Part C PREPARATION OF PAPER-BOOKS IN LETTERS PATENT APPEALS

1. Ordinarily no paper-book requiredIn appeals under clause 10 of the Letters Patent the paper-book shall ordinarily be typed unless the Judge admitting the appeal specially directs that the paper-book shall be printed. 2. ContentsThe paper-book in such appeals shall ordinarily consists of: (a) the memorandum of appeal; (b) a copy of the judgment appealed from;

(c) copy of the judgment or other documents which were before the Judge from whose judgment the appeal is preferred. 3. No appeal under clause 10 of the Letters Patent will be received by the Deputy Registrar unless it is accompanied by [two typed, photostat or computerised copies] of the following:
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(a) Memorandum of appeal; (b) Judgment appealed from ; and (c) Paper-book which was before the Judge from whose judgment the appeal is preferred. Explanation: The paper-book in cases decided in exercise of original jurisdiction or in exercise of jurisdiction under Article 226 of the Constitution will mean copies of the petition, the written statement and application, if any.
COMMENTS The use of shall a word of slippery semantics in a rule is not decisive and the context of the statute, the purpose of the prescription, the public injury in the event of neglect of the rule and the conspectus of circumstances bearing on the importance of the condition have all to be considered before condemning a violation as fatal. It is obvious that even taking a stern view, every minor detail in Rule 3 cannot carry a compulsory or imperative import. Where copies of all the three documents prescribed have been furnished but not three copies of each, the omission or default is only a breach which can be characterised as an irregularity to be corrected by condonation on application by the party fulfilling the condition within a time allowed. State of Punjab v. Shamlal Murari, AIR 1976 SC 1177. A wrong practice of the High Court, which misleads an appellant or his Counsel is not filing the appeal complete in all respects (without three sets of spare paper-books) should be regarded as sufficient cause under Section 5 of the Limitation Act for enlarging the time prescribed for the appeal. Amar Nath v. Mul Raj, 1975 (77) P.L.R. 540. The practice prevailing in the Court before the decision of the Full Bench in Mahant Bikram Das Chela Mahant Lachhman Das v. The Financial Commissioner (1974 P.L.R. 451), in entertaining and even admitting the Letters Patent Appeals without being accompanied by three sets of spare paper-books and as required of High Court Rules and Orders Vol. V, Chapter 2-C Rule 3, complete in all respects beyond the expiry of the prescribed period of limitation, constitutes sufficient cause for grantin g extension of the time prescribed for appeal within the meaning or scope of Section 5 of the Limitation Act, 1963. Amarnath v. Mul Raj, 1975 (77) P.L.R. 540.
Part D]

Part D THE TRANSLATION OF CERTAIN VERNACULAR DOCUMENTS PRESENTED TO THE HIGH COURT

1. What documents to be translated and at whose expenseSuch vernacular documents filed in the High Court in its civil appellate or civil revisional jurisdiction, as may from time to time be prescribed by the Court, shall be translated, and, subject to Rule 4, the expense of such translation shall be paid by the appellant or petitioner. 2. Agency for translation and scale of chargesThe translation shall be made and certified by such agency as the Court may from time to time appoint, and the maximum total charge shall not exceed rupees seven for one thousand words.

3. Initial depositOn the presentation of an appeal or petition to which these rules apply, the person presenting the same shall deposit the amount required to defray the cost of translation, if any, and no appeal or petition will be accepted unless accompanied by such deposit. 4. Payment may be excused in certain casesThe Court in regard to any particular class or classes of cases, by a rule of Court, and a Judge, in respect of any particular case not provided for by rule of Court, by an order stating the grounds thereof, may dispense with the payment prescribed by these rules. The following vernacular documents are required to be translated (1) Memorandum of appeal. (2) Petition for revision. (3) Annexures to such memorandum or petition. (4) Copies of decrees, judgments or orders. (5) Application for: (i) review of judgments of the High Court; (ii) appointment of guardian and litem; (iii) appointment of new parties or representatives of existing or deceased parties; (iv) re-admission of case for (a) non-appearance, or (b) non-payment of translation, printing and process-fee; (v) stay of execution of decrees; (vi) transfer; (vii) alteration of dates of hearing; (viii) compliance with or connected with the rules relating to the preparation of printed records. (6) Returns to orders of remand of High Court. (7) Objections to orders of remand of High Court.

(8) Deed of compromise. 1. Part A of Chapter 2 substituted by Notification No. 182/Rules. Dated 19-6-1982. 2. Inserted by Notification No. 208/DHC/Rules dated 5-8-1988 (w.e.f. 1-12-1988). 3. Proviso added vide Notification No. 123/Rules/DHC dated 15-6-1991. 4. Substituted vide Notification No. 38/Rules/8425 dated 15-3-2002 for the words three typed copies.

CHAPTER 3
Ch. 3

Jurisdiction
Part A]

Part A RULES REGULATING THE PRACTICE OF THE HIGH COURT IN THE HEARING OF CAUSES AND OTHER MATTERS

1. Hours of businessThe Court will be open daily, except on authorized holidays, for the transaction of judicial business, between the hours of 10 a.m. and 4 p.m. No fresh case will ordinarily be called on for hearing after 4.30 p.m. but the hearing of a partheard case may be continued so long as the Court hearing it may deem necessary. 2. Roster of Single and Division BenchesThe Judges will sit singly or in Benches of two or more in accordance with a roster to be prepared from time to time. The roster will be prepared by the Deputy Registrar with the approval of the Honourable the Chief Justice. 3. Distribution of work to be made by the Deputy RegistrarPlaints appeals, applications and petitions for a preliminary hearing will be distributed by the Deputy Registrar two days previously. The distribution lists will be initiated by the Deputy Registrar and no change in them will be made without his authorization and initials. A copy of the list will be supplied to the Judges Readers and to the Bar room and the Judges Readers will bring to the notice of the Judges and the Deputy Registrar any alterations that appear unauthorized. 4. Hearing of ordinary and urgent petitionsOrdinary and urgent petitions shall be set down for hearing by the Deputy Registrar before Single and Division Benches in accordance with the roster for the time being prescribed under Rule 2 above. 5. Weekly and daily lists of civil and criminal cases and their adjustment(a) A register of civil cases, complete in every respect, will be maintained in the High Court. From this Register cases will be taken up according to the order of institution for incorporation in a weekly list of cases to be heard by Division and Single Benches. For the convenience of counsel, a copy of the weekly list of each Bench will be sent to the Bar seven days before the beginning of every week. When work is likely to run short, the weekly list will be supplemented by the Deputy Registrar. These weekly lists will be open to adjustment by counsel or parties on Fridays. The weekly list will be broken up into daily lists and the daily Lists will be sent to the Bar room at 4.15 p.m., on the day preceding the date of hearing, except the lists for Monday, which will be supplied to the Bar room at 12 noon the proceeding Saturday. Any cases not reached at the close of a day will

ordinarily be placed at the top of the lists for the next day and similarly any cases not reached at the close of the last day of the sitting of the Court in a week, will ordinarily be placed at the top of the following weeks list. NoteA case in which an application for the withdrawal of the case or passing a decree or order in accordance with a compromise arrived at between the parties has been made shall be placed in the daily list, after the part heard cases, even though the case may not otherwise be complete. (b) A separate register of criminal cases within the jurisdiction of Division and Single Benches complete in every respect, will be maintained in the High Court. From this register cases will be taken according to the order of institution for incorporation in weekly lists of cases to be heard by both Division and Single Benches. For the convenience of counsel a copy of the weekly list of each Bench will be sent to the Bar a week before the date of hearing. These weekly lists will be open to adjustment by counsel on Fridays. The weekly list will be broken up into daily list and dealt with as in paragraph 5 (a) above. (c) Full and Special Bench cases such as Matrimonial Reference, reviews and applications for leave to appeal to the Supreme Court, etc., which cannot conveniently be heard on ordinary Bench days, will be heard on the first Monday in every month or on such other day or days as the Chief Justice may direct in the event of the first Monday being a holiday, or the work being excessive for one day. 6. Cases to be heard in the order or date of admissionCases will be set down in the lists in the order of the date of admission except as directed below and will be heard in that order unless directed otherwise by the Court. Exceptions(a) Postponed cases take priority of all others in Division Bench lists, and in Single Bench lists of all others in their own class. (b) Remanded cases take priority of all others except postponed cases. (c) Cases fixed for actual dates under the second proviso to Rule 8 shall be listed first in the daily lists subject to part heard cases. Cases fixed by judges for actual dates shall be listed next. (d) Cases marked very early, or early by order of a Judge or Judges and commercial causes shall take priority over ordinary cases. (e) An appeal or petition against an order of remand of a lower Court shall be marked early and shall take priority over ordinary cases. (f) An appeal or petition in connection with which proceedings pending in the lower Court are ordered to be stayed or have to be stayed in consequence of the record being sent for the High Court for the disposal of such appeal or petition, shall be marked early, shall take priority over ordinary cases and shall be set down for hearing within a period of three months from the date of stay or admission.

7. Postponement of cases(i) An application for the postponement of a case shall be presented to the Deputy Registrar and shall not be taken direct to a Judge. (ii) Cases may be postponed by the Deputy Registrar, or, in his absence, under the orders of such other officer as may be in charge of the judicial department for the time being (a) If, two days before the date of hearing, the record has not been received, or the case is otherwise incomplete; (b) If, before the day of hearing, the death of a party is announced and an adjournment is thereby necessitated; (c) If the lower Courts have not complied with a precept or process. (iii) Except as provided above, no application for the adjournment of a case shall be entertained unless a Bench or Judge, as the case may be, is satisfied that by reason of recent death, sudden illness or domestic bereavement a party cannot be properly represented at the hearing unless such order is made. (iv) Ordinarily part-heard cases will be proceeded with on the following day or days till they are concluded. 8. Duty of counsel to attend on the date of hearingParties and their Advocates are required to attend the Court on the day or days for which their cases are set down, and on subsequent days until their cases are disposed of or are postponed: Provided that intimation of the pacca date fixed in a case will be sent by registered postcard (A.D.) to such parties as are not represented by counsel. Such postcard shall be sent to an address to be given by the party in response to the original notice of appeal calling upon him to furnish an address for service for the purposes of the appeal, or if he fails to give such address within one month of the service of such notice of appeal to his address as given by the appellant in the memorandum of appeal. The posting of such postcard shall be deemed to be sufficient intimation to the party of the date fixed in the case; Provided further that in a case in which an Advocate not ordinarily resident in Chandigarh (Delhi) has to appear, the Deputy Registrar may fix an actual date if such Advocate puts in a written request for that date to which he himself has obtained the consent of other counsel in the case. Such date shall not be altered except by any order or the Bench concerned, or of the first Division Motion Bench if the case is not listed before a particular Bench.
COMMENTS It is the duty of the Registrar of the Court (vide Rule 8 of Chapter 3-A of Volume V of the Rules and Orders of this Court) to issue notices to parties who are not represented by counsel by registered A/D post and to sent the same to an address as giv en by the appellant in the memorandum of appeal. It is the posting of only such a postcard which is deemed to be sufficient intimation to the party of the date fixed in the case. Smt. Rama Vanti v. Smt. Bal Kaur, 1968 (70) P.L.R. 357. Presumption of intimation to party does not arise if prescribed manner of intimation (by registered postcard and not cover) is not followed. Risal Singh v. Indraj, 1974 (76) P.L.R. (Delhi) 60.

When ignorance of lawyers is pleaded in seeking condonation of delay its basis must be given that lawyer was guilty of negligence or want of legal skill Riasat Ali v. Syeda Begum 2001 RLR 196. The above legal proposition cannot be questioned but the each case has to be judged on its own facts and circumstances. In the case in hand it is not disputed that another appeal relating to the adjoining property No. 35 Link Road, Lajpat Nagar-III, New Delhi being SAO filed by the same counsel was pending and it was disposed of pursuant to compromise reached between the parties. In such a situation possibility of a confusion entertained by the previous counsel in regard to the disposal/pendency of the present appeal could not be ruled out. The past conduct of the appellant would show that he was vigilant enough to prosecute the appeal inasmuch as he got the legal representative of the respondent substituted on the death of the deceased respondent. There is nothing to show that the appellant had lost interest in persecuting the matter. Even if it is assumed for the sake of argument that there was some amount of negligence on the part of the previous counsel in not keeping a track of the further proceedings of the appeal after the substitution of legal representatives and not putting appearance on the date of hearing of the appeal, I am of the considered opinion that the appellant should not be penalised for the same. Having regard to the entirety of facts and circumstances of the appeal, this Court is of the opinion that it would be expedient in the interest of justice to condone the delay in filing the application for restoration and to set aside the dismissal of the appeal and to restore the appeal for being heard and disposed of on merits. Mehant Joginder Singh v. Mrs. S. B. Naronha, 2002 (98) DLT 183 : 2002 (6) AD (Delhi) 545. According to the proviso appended to Rule 8 of the High Court Rules and Orders, it is imperative upon the office of the High Court to serve another notice for a pucca or an actual date to be fixed by the office if a party already served for a tentative date is not represented by a counsel. Earlier service of a notice for a tentative is no service at all if the party so served has not engaged any counsel and the counsel has not put in appearance to represent that party. State v. M/s. Rakesh Industries, (1970) 72 P.LR. 95. Non-service of the actual date notice really amounts to non-service of the notice intimating the date of hearing of the appeal to the respondent. It is not sufficient, for the respondent to be informed that an appeal has been filed against him. He has also to be informed of the date on which the appeal has to be heard and also informed that if he is not present on that date he may be penalised by an ex-parte, decision being passed against him. If the precise date is not intimated to him, he cannot be penalised. If the actual date notice had been sent in the prescribed form by a postcard duly addressed to the respondent, it would have been an intimation of the date of actual hearing even if the postcard had not been received by the respondent (and had only been received or seen by the members of his household or some other person connected with him. Application under Civil Procedure Code that the ex-parte proceedings ordered against the Respondent be set aside. Risal Singh v. Indraj, (1974) 76 P.L.R. 60 (Delhi). Notice of an actual date to a person who is unrepresented cannot be deemed to have been served if the registered envelope gets without being served. Risal Singh v. Indraj, 1974 Raj L.R. (notes) 92. Counsel for applicant was engaged in another Court is not a sufficient ground for application to set aside ex parte decree passed by single Judge of High Court on original side. Sangram Electronics v. M/s. Hyderabad Allwyn Metal Works, AIR 1984 Delhi 384. When the counsel dies, it is the duty of the Court to inform the party directly that his counsel is dead and arrangement for another counsel may be made, if this is not done and the appeal is disposed of ex parte, the party is entitled to get the appeal restored under Order-41, Rule 21, of the Code of Civil Procedure. Smt. Dropti v. Chinta, 1971 (73) P.L.R. 917.

9. Disposal of urgent petitions(i) Urgent petitions must ordinarily be presented before 11 a.m., but may, in exceptional cases, be received not later than 3 p.m. (ii) These petitions will be laid before the Deputy Registrar who shall ordinarily fix them for hearing on the next day. If, however, the Deputy Registrar is satisfied that there is sufficient urgency, he shall mark the petition for hearing on the same day.
Delhi High Court Notification Dated 12.12.1966

In exercise of the powers conferred by Section 7 of the Delhi High Court Act, 1966, the Honble the Chief Justice and Honble Judges of the Delhi High Court are pleased to issue the following instructions in regard to the preparation and publication of the cause list of the Court:

1. The Registrar shall keep a list of all cases pending before the Court, and shall, at the commencement of each class separately, to be called the ready list. The cases in the ready list shall be arranged year-wise in each class separately in the order of their registration, and the list shall be added to from time to time as and when fresh cases become ready for hearing. 2. Out of the ready list the Registrar shall publish on the notice board of the Court at the end of each month a list of cases to be heard during the following months. Subject to any general or special directions that may be given by the Honble the Chief Justice and subject to the orders of the Court, the cases listed for hearing in the monthly list in each class shall be in the order in which the cases have been registered. 3. From out of the monthly list, the Registrar shall publish at the end of each week a list of cases to be heard in the following week. This list, subject to the directions of the Chief Justice or any special direction of the Court, shall be arranged strictly in the order in which the cases appeared in the monthly list. 4. Out of the weekly list, the Registrar shall publish at the end of each day a daily list of cases to be heard by the Court on the following day. 5. The list shall be published in accordance with the roster settled by the Honble C.J. for the month and in the monthly list reasonable number of matter shall be shown which the Court can, taking into account the total days of the month, dispose of during the month. 6. In the weekly list also only such number of matters may be shown as can reasonably be disposed of by the Court during the said week. Ordinarily the cases in Daily Board will be listed in the order in which the cases have been shown in the weekly list. 7. So far as specially directed matters, appeals involving capital sentence, and the like are concerned these may be listed out of turn in the manner indicated below : (a) Capital Sentence Cases: These references and appeals may be added (after due notice to the parties within 7 days of their becoming ready for hearing) at the top of the Weekly list to be heard subject only to overnight part heard. (b) Expedited Appeal with Special Direction as to the date of hearing(i) Where the direction is to list the appeal or matter on a particular day, the matter shall be added to preceding days matters and, where the direction is to list the appeal in a particular week, it shall be listed in the weekly list after the preceding weeks residue. (ii) Other Expedited AppealsOnce the monthly programme is announced appeals falling in this category that become ready during the course of the month, shall be added to the subsequent months list. (iii) In arranging the monthly list the following principle may be followed:

Subject to special orders by the Chief Justice or by the concerned Bench all cases be listed strictly in accordance with their age. Motions for Adjournment and Adjustment Once the monthly programme is announced, any motion for adjournment or adjustment of a matter included in the monthly list should, if it relates to a matter which is more than two years old, be made on an application after notice to the opposite side. Such applications shall, if the matter is not on the Daily Board of a particular Bench be listed before the Bench presided by the Honble the Chief Justice. So also a motion for expediting the hearing of a particular cause or matter or for obtaining a direction for its hearing on a particular date shall be made by a written application after notice to the opposite party. Such application shall also be listed before the Honble the Chief Justice shall keep a proper record, in separate register of the direction given by the Honble the Chief Justice and submit the same to the Registrar for compliance. All the existing rules and procedure relating to the publication and preparation of Cause list shall so far as they are inconsistent with or contrary to these instructions be deemed to have been altered or superseded.
Part B]

Part B JURISDICTION OF A SINGLE JUDGE AND OF BENCHES OF THE COURT

1. Cases ordinarily to be heard by a single JudgeSubject to the provisos hereinafter set forth the following classes of cases shall ordinarily be heard and disposed of by a Judge setting alone: (i) a motion for the admission of
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[Omitted].

[(a)] an appeal from order under the Code of Civil Procedure and under any Act of the Central or State Legislature unless there is any thing of the contrary in the said act, or
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[(b)] a second appeal irrespective of the value of the subject matter :

COMMENTS

Company appeal against order of a company Judge awarding interest on principal amount of debt admitted by company in winding up petition by creditor; held not admissible as a matter of course, but liable to be listed for motional before a division bench, 1984(86) P.L.R. 681.
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(ii) a second appeal irrespective of the value of the subject matter;

(iii) an appeal from an order under the Code of Civil Procedure and from an order passed in the execution of a decree;

(iv) a civil appeal, application or reference under any Act of the Central or State Legislature other than Code of Civil Procedure and other than the Indian Divorce Act, if such appeal, application or reference is not otherwise expressly provided for; (v) 1[Omitted].
COMMENTS The use of the word ordinarily in Rule l(v). Chapter 3 -B, Volume V, High Court Rules and Orders indicates there is no absolute bar to an appeal under the Land Acquisition Act being heard by a Single Judge. Shri Chand v. Union of India and others, (64) P.L.R. 870. Under Chapter 3-B of Volume V a single Judge has jurisdiction only to admit applications under Order 22, Rule 9, of the High Court but not to adjudicate upon them. When he makes an order in such an application he does nothing more than admitting the petition and the order would be subject to all just exceptions. Even if he decides the matter it is open to the respondent to come and show cause against te order made ex parte. Committee of Management of Bunga Sarkar v. Raghbir Singh and others, A.I.R. 1951 Punjab. 257.

Explanation: [Nothing in sub-rules (i) and (ii) of Rule 1] shall prevent a Judge sitting alone to refer any appeal to a larger bench with the approval of Chief Justice.
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(vi) an appeal relating to costs only; (vii) an application, under Section 22 or 23 of the Code of Civil Procedure, for an order determining in which of several Courts having jurisdiction a suit shall be heard, and an application for an order for the transfer of a case from one subordinate Court to another; (viii) an application under Order 1, Rules 8, 10, or 11 read with Section 107 of the Code of Civil Procedure; (ix) an application for an order extending the time for, or directing any particular method of, service of notice on a respondent; (x) an application for the withdrawal of an appeal or application, or for a consent decree or order; (xi) a motion to admit an application and an application when admitted, for an order, under Order XXXII. Order XXXIX, Order XL, or Order XLI, Rule 5 or 6 of the Code of Civil Procedure, a motion to admit an application for an order under Order XXII or under Order XLI, Rule 10, and in a case in which the appeal is within the jurisdiction of a Judge sitting alone an application when admitted, for an order under Order XXII or under Order XLI, Rule 10; (xii) a motion to admit an application, and in a case in which the appeal is within the jurisdiction of a Judge sitting alone, an application when admitted, under Order XLIV, Rule 1 of the character of Civil Procedure for permission to appeal in forma pauperis; (xiii) an application under Order XLV of the Code of Civil Procedure, other than an application for a certificate under Order XLV, Rule 2 in a case disposed of by a Division Bench;

(xiv) a motion to admit an application, and an application when admitted, under Section 44 of the Punjab Courts Act or under Section 25 of the Provincial Small Cause Courts Act, 1887, or under the first proviso to sub-section (1) of Section 75 of the Provincial Insolvency Act, 1920 or under Article 227 of the Constitution of India; (xv) any other application (a) when under these rules is not expressly required to be made to a Bench of two or more Judges; or (b) which is made in any matter within the jurisdiction of a Judge sitting alone and which is otherwise expressly provided for; (xvi) a reference under Order XLVI of the Code of Civil Procedure or under Section 99 or Section 100 of the Punjab Tenancy Act; (xvii) a suit coming before the Court in the exercise of its extra-ordinary original civil jurisdiction; [(xviii) (a) Application or petition under Article 226 of the Constitution of India for the issue of any directions, orders or writs in the nature of Mandamus, prohibition, quo-warranto or certiorari for the enforcement of fundamental rights conferred by Part III of the Constitution of India or for any other purpose, except:
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[(i) Petitions where vires of Acts or statutory rules, regulations, or bye-laws are challenged.]
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(ii) Petitions where personal liberty is involved. (iii) Petitions pertaining to all Revenue/tax matters including entertainment taxes, except Municipal Tax. (iv) Petitions arising from the orders of the Board for Industrial and Financial Reconstruction/Appellate Authority for Industrial and Financial Reconstruction or seeking directions to them; and (v) Petitions pertaining to Public Interest litigation.
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[(vi) Petitions pertaining to the award to Tenders.

(vii) Petitions relating to Co-operative Societies. (viii) Petitions being service matters of Armed Forces of the Union. (ix) Petitions arising out of Land Acquisition.

(x) Petitions concerning orders passed by the High Court on the administrative side.] [Provided that as regards pending cases, the learned single Judge may hear the part-heard matters.]
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[Explanation: The preliminary hearing for admission and final disposal of applications and petitions pertaining to matters mentioned in clause (i) to (x) of sub-rule (xviii)(a) above shall however be before a Bench of two Judges and before a Single Bench when there is no sitting of Division Bench.]
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(b) A proceeding of a civil nature under a special Act of the Central or State Legislature coming before the Court in the exercise of its original jurisdiction, e.g., under the Indian Trusts Act, 1882, the Companies Act, 1956, the Inventions and Designs Act, the Indian Divorce Act, the Indian Succession Act, the Guardians and Wards Act or the Banking Companies Act, 1949; (xix) an appeal, petition or reference under the Code of Criminal Procedure, 1898, other than (a) an appeal or reference or a petition for enhancement of sentence in a case in which a sentence of death or of imprisonment for life has been passed; (aa) an application by the complainant, under Section 417(3) of the Code, for the grant of special leave to appeal from an order of acquittal; (b) an appeal under Section 417 of the Code from an order of acquittal; (c) a case submitted under Section 307 of the Code; (d) a case in which notice has issued to a convicted person who has been sentenced to imprisonment for a term of seven years or more to show cause why the sentence should not be enhanced; (e) a case in which notice has issued to a convicted person requiring him to show cause why his conviction should not be altered to one of an offence punishable only with death or imprisonment for life; ExplanationPreliminary hearings for admission of (i) a petition for enhancement referred to in sub-clause (a); and [(ii) an application for grant of special leave to appeal under sub-clause (aa) in a case where the offence is punishable with sentence of death or imprisonment for life; and
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(iii) an appeal under Section 417 (378 new) referred to in sub-clause (b) in a case where the offence is punishable with sentence of death or imprisonment for life;

shall be before of two judges and all other cases/application under sub-clause (aa) and appeals under sub-clause (b) shall be before a Single Judge.] (xx) A case coming before the High Court in the exercise of its ordinary or extra-ordinary original criminal jurisdiction (including a case under Article 226 of the Constitution of India).
1

[ExplanationThe preliminary and final hearing of cases under Article 226 of the Constitution of India, relating to habeas corpus and preventive detention, shall be before a Bench of two Judges.] Provided that (a) a Judge may, if he thinks fit, refer any matter mentioned in any of the clauses of this rule other than clauses (x), (xviii) or (xx) and with the sanction of the Chief Justice, any matter mentioned in clauses (xvii) and (xx) to a Division Bench of two Judges; (b) a Judge before whom any proceeding mentioned in clause (xviii) is pending, may, with the sanction of the Chief Justice, obtain the assistance of any other Judge or Judges for the hearing and determination of such proceeding or of any question or questions arising therein. 2. (i) Bench in cases of misconduct of AdvocatesEvery case for professional or other misconduct against an Advocate shall be laid before the Honourable the Chief Justice or a Judge nominated in this behalf for an order under Section 10(2) of the Indian Bar Councils Act, 1926, as to whether it be rejected summarily or whether an inquiry be held. If an inquiry is ordered, the case shall, after receipt of the findings of the Tribunal or the District Judge, be heard by a Bench of three Judges. (ii) Bench in cases of misconduct of PleadersA disciplinary case against a Pleader, under the Legal Practitioners Act, in which the Honourable the Chief Justice or a Judge nominated in this behalf considers that there are grounds for proceeding further shall be heard by a Bench of two Judges. (iii) Bench for review of orders in such casesAn application for the review of an order, passed in a case of misconduct against an Advocate or Pleader shall be laid before the Bench which made the order under review: Provided that if, for any reason, a member of the Bench is unable to sit on the Bench for the reconsideration of its order, the Honourable the Chief Justice may nominate another Judge in his place.
12

3. Jurisdiction of a Vacation Judge sitting singlyExcept in a case which the law requires to be heard by a Bench of two or more Judges, a singe Judge whilst acting in the long vacation as a Vacation Judge, may exercise the original and appellate jurisdiction vested in the Court (i) in any criminal case other than one mentioned in exceptions (a), (b), (c), (d), and (e) of clause (xix) of Rule 1; (ii) in any matter, which he considers urgent, connected with relating to arising out of the

execution of a decree; and (iii) in any miscellaneous business, which in his opinion requires immediate attention. Provided that in exercise of this power a case may be admitted or dismissed at the stage of preliminary hearing but a motion matter normally entertainable by a Bench of two Judges may only be admitted in the discretion of the Judge but not dismissed. 4. All cases to be disposed of by a Bench of two Judges save as provided by law or by these rulesSave as provided by law or by these rules or by special order of the Chief Justice, all cases shall be heard and disposed of by a Bench of two Judges. [5. Hearing of review applicationsIn cases not provided for by Order XL VII, Rule 5 of the Code of Civil Procedure, the following rule shall apply to an application for a review of a decree or order:
13

Where the Judge or Judges, or any of the Judges, who passed the decree or made the order, a review of which is applied for, continues or continue attached to the Court at the time when the application for a review is presented, and is not or are not precluded by absence or other cause for a period of six months after the application from considering the decree or order which the application refers, such Judge or Judges or any of them shall hear the application, and no other Judge or Judges of the Court shall hear the same. Provided that if the said Judge or Judges, or any one of the Judges, who passed the decree or made the order, is or are precluded by absence or other cause for a period of six months after the application from considering the decree or order to which the application refers, it shall be heard (a) if the decree was passed or the order was made by a Judge sitting alone, by a Judge sitting alone, (b) if the decree was passed or the order was made by a Bench of two or more Judges, by a Bench consisting of as many Judges as the Bench whose decree or order a review is applied for. The Judges who passed the decree or made the order, as are available, shall be members of the Bench.] 6. Constitution of Full BenchA Full Bench shall ordinarily be constituted of three Judges, but may be constituted of more than three Judges in pursuance of an order in writing by the Chief Justice. 7. Judges of Full Bench shall be nominated by the Chief JusticeThe Chief Justice shall nominate the Judges constituting a Full Bench. 8. Judge or Judges who refer a case shall ordinarily sit on the Bench which considers the referenceThe Judges of a Bench by whom any question or case is referred shall ordinarily be members of the Division Bench or Full Bench, as the case may be appointed to consider such question or case. 9. Case when a Full Bench shall consist of four or more JudgesIf a majority of a Full Bench of three Judges so determine, by order in writing at any time before final decision, the

Full Bench for the decision of any question or cases referred to a Full Bench of three Judges shall be constituted by four or more Judges according to such direction.
Part C]

Part C POWERS DELEGATED TO THE REGISTRAR FOR DISPOSAL OF CERTAIN JUDICIAL MATTERS

1. Powers delegated to the Registrar in civil casesIn accordance with the powers vested in them by clause 35 of the Letters Patent, the Honourable the Chief Justice and Judges of the Punjab High Court has been pleased to delegate the following functions to the Registrar. These functions shall be performed by the Registrar subject to such general or special orders as may, from time to time, be passed by the Honourable the Chief Justice: (i) Power to issue notices on an application for Probate or Letters of Administration or for revocation of the same. (ii) Power to dispose of all matters relating to the service of notices or other processes, including substituted service, except the power to dispense with service on pro forma respondents. (iii) Power to receive and dispose of an application under Order XXII, Rules 2, 3, 4 and 10 of the Code of Civil Procedure, and to amend the record, if necessary, except in cases under appeal to the Supreme Court. (iv) Power to appoint or discharge a next friend or guardian ad litem of a minor or person of unsound mind, except in cases under appeal to the Supreme Court, and to amend the record accordingly. (v) Power to receive and dispose of an application for the withdrawal of an appeal or a consentdecree or order. (vi) Power to receive and dispose of an application under Order XLI, Rule 10, of the Code of Civil Procedure. (vii) Power to receive an application under Order XLV, Rule 15, of the Code of Civil Procedure, and to issue notice thereon. (viii) Power to receive an application for substitution of names in an appeal to the Supreme Court, and to issue notice thereon. (ix) Power to receive and dispose of an application for the return of a document. (x) Power to require any person or party to file an affidavit with respect to any application or matter in respect of which he has power to exercise any discretion or to make any order. (xi) Power to call for a further deposit when the deposit already made by the appellant in an appeal to the Supreme Court is not sufficient to defray the cost of preparing the record.

(xii) Power to order payment of the interest accruing on Government Promissory Notes deposited under Order XLV, Rule 7, of the Code of Civil Procedure, and to order the refund of any unexpended balance under order XLV, Rule 12. (xiii) Power to direct in what newspapers the publication referred to in Order XLV, Rule 9A, of the Code of Civil Procedure, shall be made. (xiv) Power to pass orders under the note to Rule 10, Chapter 2-A, Rules and Orders, Volume V. (xv) Power to pass orders admitting those persons as Advocates and pleaders whose admission does not in any way conflict with any rule or order of the Court. Cases in which the rules and order of the Court are not fully satisfied should be referred to the Honourable the Chief Justice for orders. No person should be refused admission except by the order of a Judge. (xvi) Power to dispose to reference under Rule 2 of Chapter 6-F(b). Rules and Orders, Volume V, in cases in which it is considered that the license should be renewed with a formal warning without charging the fees for the period for which the license has been renewed. In any case in which it is considered that full fees for such period should be charged, the matter should be referred to the Honourable the Chief Justice for orders. (xvii) Power to grant time for making up deficiency in Court-fees in cases referred to him as Taxing Officer under Section 5 of the Court-fees Act, 1870. No application for extension of the time will be refused without the orders of the Court. Provided that the Registrar may refer any matter under this rule to the Court for orders. NoteThe powers delegated to the Registrar under clauses (i) to (xvi) may also be exercised by the Deputy Registrar subject to general or special orders passed from time to time by the Honourable the Chief Justice. 2. Power delegated to the Registrar in Criminal casesUnder the Code of Criminal Procedure, the Registrar has been delegated with the following functions: Power to sign complaints under the proviso to Section 476(1), Criminal Procedure Code. [New Code clause (a) of Sub-section (3) of Section 340]. 3. Duties which the Registrar may be empowered by name to performIn accordance with the powers vested in them by Clause 35 of the Letters Patent, the Honourable the Chief Justice and Judges of the Punjab High Court have been pleased to direct that any person holding the post of Registrar or the Deputy Registrar of the High Court may be empowered by name by the Honourable the Chief Justice to perform any of the following duties : (a) To decide the question of the necessity for transcribing and printing any documents not specifically applied for by the parties to an appeal to the Supreme Court.

(b) To enquire into complaints against legal practitioners and to dismiss in limine those in which no prima facie grounds appear to him to have been made out, either without or after reference to the Bar Council. (c) To issue notice to parties in Criminal References. (d) To hear motions for the admission of first appeals and either to admit them or to direct them to be laid before a Bench for orders. (e) To hear appeals from, or petitions for revision of the order of District Judges in cases affecting their establishment or those of the Courts subordinate to them and to advise the Chief Justice what orders should be passed. 4. The Registrar or the Deputy Registrar shall be deemed to be performing judicial or quasijudicial functions with the meaning of Section 128(2)(i) of the Code of Civil Procedure when exercising powers referred to in Rules 1 to 3 above and their proceedings will be subject to revision by a Single Judge on the motion of the party aggrieved. 5. The Registrar or the Deputy Registrar may exercise all the powers of a Court under Section 152 of the Civil Procedure Code in respect of their own judicial or quasi-judicial orders. NoteThe duties assigned to the Deputy Registrar in the various chapters of this Volume shall be performed by the Assistant Registrar in respect of appeals petitions and applications etc., filed in the Circuit Court at Delhi.
Part D APPEALS FROM DECREES IN COMMERCIAL MATTERS
Part D]

1. Commercial causes include causes arising out of the ordinary transactions of merchants, bankers and traders, such as those relating to the construction of mercantile documents, export or import of merchandize, affreightment, carriage of goods by land, insurance, banking and mercantile documents, export or import of merchandize, mercantile agency, mercantile usage and infringements of trade marks and passing off actions. Suits on ordinary loans and mortgages are not Commercial causes. 2. The Chief Justice shall, from time to time, nominate one of the Judges of the Court to hear Commercial causes. 3. (a) All cases under the Companies Act, 1956 and cases affecting the responsibility of a Railway Administration as carriers, will be treated as Commercial causes. (b) The Honourable Judges may, however, mark any other case as a Commercial cause either at the request of the parties or suo motu, if satisfied that the said case is a Commercial cause as defined in Rule 1.

4. All appeals, which have been marked as Commercial causes by order of a Judge under Rule 3 shall be brought to a hearing as early as may be practicable, and shall, as far as possible, be set down before the Judge appointed from time to time by the Chief Justice to hear Commercial causes, or before a Bench of which such Judge is a member. Such causes shall be given priority on the day of hearing over all other appeals except part-heard appeals and cases frequently postponed. 1. Omitted by Notification 490/Rules dated 19-5-81. 2. Clause (b) and (c) to be read as (a) and (b) due to omitting (a) vide Notification 490/Rules dated 19-5-81. 3. Clause (a) of sub-rule (iii) omitted, so clause (b), of sub-rule (ii) shall form sub-rule (ii) vide Notification No. 490
dated 19-5-81.

4. Added by Notification No. 813 dated 30-10-78. 5. Substituted by Notification No. 490/Rules dated 19-5-81. (Amendment shall also apply to pending appeals other
than in which regular hearing has commenced before coming into force these Rules.)

6. Substituted vide Notification No. 495/Rules/DHC, dated 17-11-95 (w.e.f. 1-1-1996). 7. Substituted vide Notification No. 47/Rules/DHC, dated 11-4-2002. 8. Clause (vi) to (x) added vide Notification No. 47/Rules/DHC, dated 11-4-2002. 9. Proviso added vide Notification No. 63/Rules/DHC, dated 30-5-2002. 10. Substituted vide Notification No. 47/Rules/DHC, dated 11-4-2002. 11. Substituted vide Notification No. 200/Rules/DHC dated 13-10-2003 (w.e.f. 13-10-2003). 12. Added vide Notification No. 55/Rulcs, dated 10-5-1973. 13. Substituted vide Notification No. 14/Rules/DHC dated 21-1-1993.

CHAPTER 4
Ch. 4

Special Procedure
PART ICRIMINAL Part A SPECIAL RULES OF PROCEDURE IN ORIGINAL CRIMINAL CASES [OMITTED]

[NoteIn view of the new Criminal Procedure Code Section 391 has replaced Section 428 of old Code so this Chapter is no importance because original Criminal Jurisdiction of High Courts has been abolished.]
Part B RULES REGARDING THE SUMMONING AND EMPANELLING OF JURORS [OMITTED]

[In view of the new Criminal Procedure Code, 1973 this Chapter has now become redundant].
Part C SUBSISTENCE AND TRAVELLING ALLOWANCE TO COMPLAINANTS AND WITNESSES ATTENDING TRIALS BEFORE THE HIGH COURT [OMITTED]

[By the new Criminal Procedure Code, original Criminal Jurisdiction of High Court has been abolished so this Chapter is not relevant now.]
Part D RULES OF PROCEDURE IN CASES UNDER SECTION 374 (366 NEW CODE) OF THE CODE OF CRIMINAL PROCEDURE

1. ProcedureThe rules of procedure to be followed by Sessions Judges in the submission of proceedings to the High Court under Section 374 (366 New Code) of the Code of Criminal Procedure are contained in Chapter 24B, Rules and Order, Volume III. 2. Printing of recordOn receipt of the proceedings the Deputy Registrar shall take immediate steps to have the record printed under the rules next following. 3. Contents of printed recordThe printed record in Murder Reference Cases shall consist of the following documents : 1. Opening sheet of Sessions record.

2. Notes and Orders of the Sessions Judge. 3. Charge Sheet. 4. First Information Report. 5. Inquest Report. 6. Report of Chemical Examiner and Serologist, if any. 7. Statements under Section 364 (New Code 281) Criminal Procedure Code. 8. Examination under Section 364 (New Code 281) by the Magistrate. 9. Record of evidence in Court of Session with any further examination under Section 364 (New Code 281) Criminal Procedure Code, and altered charge, if any. 10. Material Documentary evidence, if any. . 11. Judgment of Sessions Judge. 12. Petition of Appeal. 4. Copies of the recordFourteen copies of the Sessions record shall be printed at Government expense with the least possible delay, if there is only one accused, but in case the number of the accused exceeds one, an extra copy shall be printed for each additional accused. 5. Defence counsel at Government expenseIn a case where the Sessions Judge certifies that the accused person cannot afford to engage counsel for his defence in the High Court, the Deputy Registrar shall take steps to have counsel engaged for his defence at Government expense. 6. Time limit for hearing Murder ReferenceThe hearing of the Murder Reference, in view of confirmation or otherwise of the sentence of death passed by the Sessions Judge under Section 374 [New Code 366(1)] of the Code of Criminal Procedure, shall take place as a rule within about six weeks after the date of despatch of the copy of Sessions Judges judgment to the convict. 7. Information of decision to accusedImmediately on the sentence of death being confirmed or not confirmed, as the case may be, by the High Court, the Deputy Registrar shall inform the Superintendent of the jail in which the prisoner is confined of the decision and direct him to communicate the same to the prisoner forthwith. The Deputy Registrar shall at the same time inform the Sessions Judge concerned and return the records to him for taking steps under Section 381 (New Code 413) of the Criminal Procedure Code. Copies of the High Court judgment shall be sent to that officer later, and as promptly as possible.

8. Record to be sent to GovernmentThe record of every case as prepared for the use of the High Court in which the sentence of death has been confirmed by the High Court, together with a copy of the High Court judgment and translations of Police Zimnis, shall, as soon as orders have been passed confirming the death sentence, be forwarded to the State Government.
Part E]

Part E RULES REGARDING LEGAL ASSISTANCE TO PERSONS IN CRIMINAL CASE IN THE HIGH COURT

The High Court has framed the following rules for giving legal assistance to persons in Criminal Cases :
1

1. Recommendations for legal assistance at Government expense to persons charged with offences punishable with death(a) When an accused is committed to the High Court in the exercise of its original criminal jurisdiction to stand his trial for an offence punishable with death the Committing Magistrate shall report whether the accused was represented by counsel in the proceedings before him, and whether the accused can afford to engage counsel for his trial in the High Court; (b) When an accused person has been called upon by the High Court to show cause why a lesser sentence should not be enhanced to a sentence of death, the District Magistrate, on receipt of a notice for service upon the person called upon to show cause, shall, if he is satisfied that the accused is unable, because of poverty, to engage counsel for his defence furnish a certificate that the accused is entitled to be defended by a counsel at Government expense; (c) When a sentence of death is referred by a Sessions Judge to the High Court for confirmation under the provisions of Section 366, Criminal Procedure Code, the Sessions Judge shall not whether the accused person was represented by counsel in his Court, and whether the accused can afford to engage counsel for his defence in the High Court. 2. High Court may arrange counsel at Government expense in case other than of poverty If the High Court decides that the accused is unable on account of poverty to engage counsel for his defence, the High Court shall make arrangements to employ counsel at Government expense. The High Court may also employ counsel, if it thinks fit, in every case when the accused is unrepresented, irrespective of considerations relative to the means of the accused to engage counsel. 2-A. High Court may arrange counsel at Government expense in any criminal case Notwithstanding anything contained in the forgoing rules, the High Court may, if it considers necessary so to do make arrangements to employ counsel at Government expense in any criminal case if the accused appellant/petitioner/respondent is unable to engage a counsel. 3. List of selected defence counsels to be keptThe High Court shall for the above purpose, maintain a list of legal practitioners whom the Chief Justice may select from time to time as fit to be employed in such cases.

4. Printed record to be supplied free of cost in advance to defence counselWhen a counsel is required, the Court will ordinarily select from this list a legal practitioner to appear for the accused appellant/petitioner/ respondent. Counsel appointed in such cases, should be given sufficient time to enable him to study the necessary documents, which will be the record of the case as prepared in the High Court. This will be supplied free of cost. [5. Scales of fees of defence counselsThe legal practitioner so appointed shall receive a fee of Rs. 500/- for the first effective hearing and Rs. 250/- for every subsequent effective hearing in bail matters. In murder appeals, the fee shall be Rs. 1000/- for preparation of the case, Rs. 1000/per effective hearing and Rs. 250/- per non-effective hearing. The certificate shall be issued by the Branch within one month without bothering the Honble Judges. The payment shall be made through the Govt. of N.C.T. of Delhi on the production of the said certificate signed by the Registrar.]
2
Part F(a)]

Part F (a) RULES FRAMED BY THE HIGH COURT FOR THE ISSUE OF WRITS OF HABEAS CORPUS UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 491(2) OF THE CODE OF CRIMINAL PROCEDURE, 1898

1. Application how madeAn application for a writ of habeas corpus shall be filed with the Deputy Registrar and shall be accompanied by an affidavit of the person restrained stating that the application is made at his instance and setting out the nature and circumstances of the restraint: Provided that where the person restrained is unable owing to the restraint to make the affidavit, the application shall be accompanied by an affidavit to the like effect made by some other person, which shall also state the reason why the person restrained is unable to make the affidavit himself; and Provided further that all communications addressed to the High Court by a person in the custody of a public officer complaining of his detention or the conditions of his detention, whether supported by affidavit or not, shall be laid before the Court for orders as applications under this rule. 2. (i) Simultaneous applicationsThe applicant shall also state both in the application and affidavit whether a more or less similar application has been made to the Supreme Court and if so shall append thereto a copy of the application and a copy of the orders, if any, passed by the Supreme Court. (ii) Stay pending decision by Supreme CourtIn case any simultaneous application has been made to the Supreme Court, the hearing of the application to the High Court will ordinarily be adjourned pending the decision of the Supreme Court in the matter. 3. BenchThe Bench for hearing an application for a writ of habeas corpus shall be as laid down in clause (xx) of Rule 1 of Chapter 3B, Volume V, High Court Rules and Orders.

4. Rule nisiIf the Court is of the opinion that a prima facie case for granting the application is made out, a rule nisi shall be issued calling upon the person or persons against whom the order is sought, to appear on a day to be named therein to show cause why such orders should not be made absolute and at the same time to produce in Court the body of the person or persons alleged to be illegally or improperly detained then and there to be dealt with according to law: Provided however that the Court may in any particular case order that the production of the body of the person restrained may be dispensed with. 5. Copy for respondent(s)If the Court grants a rule, the applicant shall, unless the admitting Bench orders otherwise, file two typed copies of the application, with copies of enclosures, for the use of the Court and an additional typed copy or copies, as the case may be of the application for being supplied to the person(s) or authority upon whom the writ is to be served. 6. Service of SummonsThe summons or notice of rule aforesaid shall be served on the person against whom the issue of the writ is sought and on such other person as the Court or Judge may direct, and, unless the Court or Judge otherwise directs, there shall be at least eight clear days between the service of the summons or notice and the date named therein for the hearing of the application. 7. Search warrants(i) If the application for a writ of habeas corpus alleges that the person is confined under such circumstances that the confinement amounts to an offence, the Court may, at the time of issuing a rule nisi also issue a search warrant, and the person to whom the warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately brought before the Court, which shall make such order as in the circumstances of the case may seem to be proper. (ii) The provisions of Sections 43, 75, 77, 79, 82, 83 and 84 of the Code of Criminal Procedure, shall, so far as may be, apply to all such warrants issued under clause (i) of this rule. (iii) If the Court issuing a search warrant under clause (i) of this rule has reasons to believe that the person to whom the warrant has been directed may not be able to identify the person confined, the Court may order a person named in the warrant to accompany the person to whom the warrant is directed, to assist him in the execution of the warrant. 8. The writ or the warrant shall along with a copy of application and a copy of the order be served by the Bailiff of the Court or by such other person as may be appointed by the Judge. Where the application is by or on behalf of a security prisoner, the writ will be served on the Government and not on the officer detaining the prisoner. For the purposes of this rule a security prisoner is a person detained by the order of the Central Government or the State Government, under Section 3 of The Preventive Detention Act, 1950 (No. IV of 1950) or under the Punjab Security of the State Act, 1953 (Punjab Act No. XII of 1953).

9. Recording evidenceThe Court may, if necessary, in disposing of such rule, take evidence or direct a Court of Session or a Magistrate to take evidence. 10. OrdersOn the returnable day of such rule or on any day to which the hearing thereof may be adjourned if no cause is shown or if cause is shown and disallowed, the Court shall pass an order that the person or persons, improperly detained shall be set at liberty. If the cause is allowed, the rule shall be discharged. 11. Release order returnable immediatelyWhere a person ordered to be set at liberty under the foregoing rule is not present in Court, an order for his release shall be issued forthwith to the authority or person restraining him. This order shall be made returnable, duly executed, immediately after service on the said authority or person, to the Court indicated in the order of release. 12. Release order how servedThe order of release shall be served personally if possible, upon the person to whom it is directed; or if no possible, or if the order be directed to a gaoler or other public official, by leaving it with a servant or agent of the person to whom the order is directed at the place where the prisoner is confined or restrained. 13. Release order sufficient warrant to gaoler etc.The order for release made by the Court, or the Judge, shall be sufficient warrant to any gaoler, public official or other persons for the release of the person under restraint. 14. Control and direction over custody of prisonerUpon the return and the production of the party on whose behalf the rule was issued, the custody of the prisoner shall be under the control and direction of the Court until the disposal of the rule. Pending the hearing, the Court may admit the prisoner to bail or remand him to the prison where he is in custody. 15. CostsIn disposing of any such rule, the Court may in its discretion make such order for costs as it may consider just. 16. FormsThe forms of warrants Nos. 1 and 2 in the Appendix to these rules shall be used in these proceedings.
APPENDIX (See Rule 16) Form of Warrant No. 1 (See Rule 4) Delhi High Court

To the officer in charge of (name of jail or lunatic asylum or other place, where the person is detained in custody) or to (name of person). You are hereby required to have the body of B.C. now a prisoner in your custody (or now in your custody) before the High Court, on the day . . . . . . . of next, by . . . . . . of the clock in the forenoon of the same day to be dealt with according to law and you shall then and there abide by such order as shall in that behalf be made

by the said Court (if the prisoner is detained in public custody add) and unless the said B.C. shall then and there, by the said Court, be ordered to be released, you shall, after the said Court shall have dispensed with his further attendance cause him to be conveyed, under safe and sure custody, back to the said (Jail or asylum or other place of custody). Given under my hand and the seal of the Delhi High Court, this . . . . . . . . . . . . day of . . . . . . 19 . ..... Deputy Registrar.
Form of Search Warrant No. 2 (See Rule 7) Delhi High Court

To (The name and designation of the person to whom the warrant is directed). Whereas information has been laid before this Court that (give the name and description of the person alleged to be illegally detained) is being illegally detained in (describe the house or place where the person illegally detained). This is to authorise and require you, with the assistance of (give the description of the person authorised to accompany the person to whom the warrant is directed) to search for the aforesaid (give the name and description of the person illegally detained) in the (describe the place to which the search is to be confined) and, if found, to produce him forthwith before this Court to be dealt with according to law. Given under my hand and the seal of the Delhi High Court, the . . . . . . day of . . . . . . . 19 . . . . . . Deputy Registrar.
PART IICIVIL
Part F(b)]

Part F(b) RULES FRAMED BY THE HIGH COURT FOR ISSUE OF WRITS OF MANDAMUS, PROHIBITION, QUO WARRANTO AND CERTIORARI UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA [Note : Please see Notification No. 17 Judicial/Rules of the Delhi High Court given immediately after these Rules]

1. Every application for the issue of any directions, or orders or writs in the nature of mandamus, prohibition, quo warranto or ceriorari mentioned in Article 226 of the Constitution of India, shall set forth all the facts and grounds on which the relief is sought, and shall be supported by affidavit. The application shall also state both in the application and the affidavit whether a more or less similar application has been made to the Supreme Court and if so shall append thereto a copy of the application and a copy of the orders, if any, passed by the Supreme Court.

1-A. (i) All petitions under Article 226 of the Constitution of India, wherein a prayer for stay or any other interim relief is contained shall be made on motion after notice to the parties effected thereby. (ii) The notice referred to above shall be served personally or through registered post acknowledgement due on the parties affected not less than five clear days before the day the petition is filed and shall be accompanied by a copy of the main petition and shall also contain the time and place of moving of petition. (iii) The main petition shall contain an averment that the notice referred to in sub-rule (ii) above has been duly served.
COMMENTS A person obtaining an ex-parte order of a rule nisi by means of petition for the exercise of the extraordinary powers under Article 226 of the Constitution must come with clean hands, must not suppress any relevant facts from the Court, must refrain from making misleading statements and from giving incorrect information to the Court. Bhupinder Pal Kaur v. Financial Commissioner (Revenue) Punjab, 1968 (70) P.L.R. 169.

(iv) If the petition is not made on the date intimate to the opposite party or parties, it shall be incumbent on the petitioner to serve a fresh notice of his intention to move the petition in accordance with the provisions of sub-rule (i) above. (v) Where the delay caused by notice is likely to entail serious hardship, an application may be made for an ad interim ex parte order duly supported by an affidavit and the Court, if satisfied that the delay caused by the notice would entail serious hardship may make an order ex parte upon such terms as to costs or otherwise and subject to such undertaking, if any, as the Court may think just and proper. 2. An application under Rule 1 except Civil Writs final or interim orders passed by the Election Tribunals under the Representation of the People Act (XLIII of 1950) shall be heard and disposed of by a Single Bench. In case, any simultaneous application has been made in the Supreme Court, the hearing of the application to the High Court ordinarily be adjourned pending the decision of the Supreme Court in the matter. 3. The Court may either summarily dismiss the application or order a rule nisi to be issued against the opponent against whom, it is sought/as it thinks fit. Any rule so granted shall be made returnable on such day as the Court may direct, but it shall not be made returnable within less than fourteen days after service thereof on the opponent.
COMMENTS An order of Division Bench of the High Court in a review application re-admitting the writ petition which had been originally dismissed in limine is not nullity in the eye of law on account of the order in review having been passed without notice of the review application to the respondent in the case. Yogesh Chander Bahree v. The Registrar Punjab University, Chandigarh, (1966) 68 P.LR. 718.

3-A. If the Court grants a rule, the applicant shall file two typed copies of the application, with copies of enclosures, for the use of the Court. He shall also file additional typed copy or copies, as the case may be, of the application for being supplied to the opponent(s).

4. If the Court grants a rule, it may make such interim or interlocutory order in the case, either unconditionally or upon such terms and conditions as the Court thinks just as the nature and circumstances of the case may require. 5. The rule nisi granted as above shall alongwith a copy of the application and a copy of the order, if any, made under the last preceding rule, be served on the opponent in the manner prescribed in Order V of the Civil Procedure Code for the service of summons upon a defendant in a suit. 6. An answer to the rule nisi or notice showing cause against such application shall be made in person or through an Advocate by filing an affidavit, engrossed on judicial paper typed in double-spacing and on one side of the paper only, in the office of the Registrar of by depositing the same in the petition box of the Court kept outside the room of the Deputy Registrar (Judicial) between the hours of 10 a.m. and 4 p.m. on any day which is not a Court holiday. The written statement of the affidavit in reply to the writ petition shall not be received by the Registry and shall not be deemed to have been filed unless an advance copy of the same has been served on the counsel for the petitioner and his acknowledgement obtained on the original written statement on a day at least two days before the returnable date of the rule or notice. In a case where the petitioner is not represented by counsel, the written statement or affidavit in reply to the writ petition shall be accompanied by a post office registration receipt showing the despatch of a copy of the same to the petitioner under a registered acknowledgement due cover at least two days before the returnable date of the rule or the notice. Written statement or affidavit sent by a petitioner or respondent to the Registry of the Court by post shall not be entertained by the Court and it shall be liable to be returned per bearing post. All annexures to writ petitions and written statements or affidavits shall unless they are original documents, be typed and engrossed on judicial paper in double spacing on one side of paper only.
COMMENTS A written statement to a writ petition under Article 226 of the Constitution has to be in the form of an affidavit as prescribed by Rule 6. Affidavits have to be drawn verified and sworn properly and have to conform to the requirements of Rule 3(1) of Order 19 C.P.C. Workmen of Oswal Weaving Factory v. Statement of Punjab, AIR 1976 Punjab 532.

7. The Court may in its discretion, at any time before the final order is made on the application, order the rule nisi to be served on any party to be affected, by any order which the Court may make in the matter. The provisions contained in the last two preceding rules relating to service of the rule and filing of an affidavit in reply shall apply to such a case. 8. No further affidavit or affidavits shall be filed by any party except with the leave of the Court. 9. If cause be shown or answer made upon affidavit putting in issue any material question of fact, the Court may allow oral testimony of witnesses to be taken and for that purpose may adjourn the hearing of the rule to some other date. In such a case either party may obtain summons to witnesses, and the procedure in all other respects shall be similar to that followed in original causes in the High Court.

10. In case of difference of opinion between the Judges composing the Divisional Court, the point of difference shall be decided in accordance with the procedure referred to in Clause 26 of the Letters Patent.
COMMENTS The mandate of law is that in case the Division Court is composed of two Judges and the Judges are equally divided in opinion as to the decision to be given on any point, they should specifically state the point upon which they differ and the case should be heard on that point only by a third Judge and the point should be decided according to the opinion of the majority of Judges. Hearing by third Judge is confined to the specific points stated in the reference and cannot cover the whole case again. Amar Pal Singh v. Election Commission of India, AIR 1993 Delhi 316.

11. The costs of all applications and orders made under this Chapter shall be in the discretion of the Court.
Notification of the Delhi High Court No. 17-Judicial/Rules, Dated the 1st February, 1967

In exercise of the powers conferred by Section 7 of the Delhi High Court Act, 1966, the Honble the Chief Justice and Honble Judges of the Delhi High Court are pleased to make the following amendment in the Rules and Orders of High Court Volume V: 1. Every petition for the issue of any direction, order or writ in the nature of mandamus, prohibition, quo warranto or certiorari, mentioned in Article 226 of the Constitution of India, shall be in writing and shall set out the name and description of the petitioner, the nature of the relief sought and the grounds on which it is sought, and shall be accompanied by an affidavit verifying the facts relied on, and at least [two typed, photostat or computerised copies] of the petition and affidavit shall be lodged in the Registry. The petition shall state whether the petitioner has moved the Supreme Court for similar relief and if so, copies of the said petition to the Supreme Court and the order made thereon shall also be filed.
3 4

[The writ Petition shall be accompanied by a chronological statement of necessary facts.]

[1-A If the respondent in a Civil Writ Petition is either the Union of India, National Capital Territory of Delhi, Lt. Governor, Delhi Development Authority, Municipal Corporation of Delhi, New Delhi Municipal Council, Delhi Electric Supply Undertaking, Delhi Transport Corporation, Nationalised Bank, Public Sector Undertaking, Government Company, Insurance Company or any other statutory of public authority then the petition and paper books, with one extra copy, shall be delivered in advance to the nominated counsel (within the meaning of Rule 1-8) and acknowledgement obtained by the writ-petitioner. The acknowledgement above-mentioned shall be deemed to be sufficient service in the Civil Writ Petition on the said Department/Authority above-mentioned. A letter will also be served on the nominated counsel that the matter will be coming up for admission in the next few days. It will be for the party/counsel of the Department/Authority above-mentioned to take note of the case in the cause list and be present when the matter or a C.M. therein comes up for admission/hearing. Or else, the Court may set the said respondent ex parte and pass orders.
5

1-B. The Government and the authorities referred to in Rule 1-A shall nominate a counsel authorised to accept and acknowledge delivery of petition, paper books in the writ petitions filed

or likely to be filed against it. A list of such nominated counsel shall be maintained in the Registry and shall also be given to the Bar Association.] [2. The petition shall be posted before the Court or preliminary hearing and orders. Upon the hearing, the Court if satisfied that no case has been made out for its interference may dismiss the petition and if not so satisfied shall direct a rule nisi to be issued to the respondent calling upon him to show cause why the order sought should not be made, and shall adjourn the hearing for the respondent to appear and be heard.]
6

3. (1) Upon making the order for a rule nisi, Court may, if it thinks fit, grant ex parte such ad interim relief to the petitioner as the justice of the case may require, upon such terms, if any, as it may consider just and proper. (2) Notice of every such ex parte order shall be given to the party affected thereby and, unless the Court has appointed a day for the return of the said notice, or otherwise directs, the Registrar shall fix a date for the return of the said notice and the application for ad interim relief shall be posted before the Court for final orders on the returnable date. 4. The rule nisi together with a copy of the petition, the affidavit in support thereof, the other accompanying documents and of any ad interim order therein together with a copy of the application on which such order is based shall be served on the respondent not less than 28 days before the date fixed for the hearing. [Affidavits in opposition shall be filed in the Registry not latter than three months unless further extended by the Court, for sufficient cause, from the date of service of notice of the rule nisi, failing which the case will be listed before the Court for orders for default. Copies of affidavit in opposition or reply shall be served on the opposite party or parties and the affidavits shall not be accepted in the Registry unless they contain an endorsement of service signed by such party or parties. Every party to the proceedings shall supply to any other party on demand copies of any affidavit filed by him.
7

The proposed performance will be as Annexures A & B.]. 5. At the hearing of rule nisi, if the Court is of the opinion that an opportunity be given to the parties to establish their respective cases by leading further evidence, the Court may take such evidence or cause such evidence to be taken in such manner as it may deem fit and proper. 6. Where no ad interim relief is granted, the rule nisi and the accompanying documents shall, ordinarily, be served by the petitioner on the respondent; and upon such service being effected, the petitioner shall file in the Registry an affidavit of such service. The said affidavit or service shall be filed at least 10 days before the date appointed for the hearing. Provided that the Registrar may on the application of the petition direct the process to be served by the Court.

7. Unless otherwise ordered by the Court, every petition in which a rule nisi is granted shall be posted before the Court for final hearing and disposal within three months of the grant of the rule nisi. Where for any reason, it is not possible to post the petition for final hearing within the period aforesaid the Registrar shall place matter before the Court for directions.
ANNEXURE A IN THE HIGH COURT OF DELHI AT NEW DELHI (SHOW CAUSE NOTICE)

Case No. . . . . . . . . . . . . . . . . . . . .Appellant(s)/Petitioner(s) Vs . . . . . . . . . . . . . . .Respondent(s) Notice to : ........................... Whereas the Appellant(s)/Petitioner(s) above named has/have presented an appeal/petition under Section . . . . . . . . . . (Copy enclosed), notice is hereby given to you to show cause why the appeals/petition should not be admitted. Should you wish to urge anything in reply to Show Cause Notice, you are at liberty to do so on . . . . . . . . . . (actual), the date fixed before the Court, either personally or through an Advocate duly authorised by you. Take further notice that C.M. No. . . . . . . . . . . has been admitted to hearing and will be listed before the Court on the aforesaid date. Superintendent (Civil . . . . . . . . . . . .) for Registrar High Court of Delhi Name. . . . . . . . . . . . . . . . . . . . . . Signature. . . . . . . . . . . . . . . . . . . Advocate for the. . . . . . . . . . . .. Appellant(s)/Petitioner(s) Address. . . . . . . . . . . . . . . . . . . .

Note : This notice should be served on or before the . . . . . . . . . day of . . . . . . . . . . . . 19 . . . . . .)

ANNEXURE B IN THE HIGH COURT OF DELHI AT NEW DELHI (SHOW CAUSE NOTICE)

Case No. . . . . . . . . . . . . . . . . . . . .Appellants(s)/Petitioner(s) Vs . . . . . . . . . . . . . . . Respondent(s) Notice to : ........................... ........................... Take notice that the above-mentioned Appeal petition (copy whereof is annexed here with) has been admitted to hearing by this Courts order dated . . . . . . . . . day of. . . . . . . . . 19. . . . . . . . (Farzi) has been fixed for hearing of the appeal/petition and the same will be taken up by the Court on that day or any subsequent date as may be convenient to the Honble Court. If you with the defend to petition, you may cause an appearance to be entered on your behalf, either personally or through an Advocate, duly appointed by you of the purpose, within 30 days of the receipt of this Notice. In case you with to defend the petition in person, you should furnish in this Registry a local address for service of process on you. Take further notice that C.M. No. . . . . . . . . has been admitted to hearing and will be listed before the Court on . . . . . . . . . . Take further notice that if no appearance is made on your behalf the matter will be heard and decided in your absence. Superintendent (Civil . . . . . . . . . .) for Registrar High Court of Delhi Name. . . . . . . . . . . . . . . . . . . . . . Signature. . . . . . . . . . . . . . . . . . . Advocate for the. . . . . . . . . . . . Appellant(s)/Petitioner(s)

Address. . . . . . . . . . . . . . . . . . . . Note: This notice should be served on or before the . . . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . 19 . . . . . .)

Part G]

Part G SPECIAL RULES OF PROCEDURES IN ORIGINAL CIVIL CASES (a) Evidence

1. Record of examination of parties and evidence of witnessesWhen at the first or at any subsequent hearing of a suit, any party appearing in person or person in Court, or any person able to answer any material questions relating to the suit by whom party or his pleader is accompanied, is examined by the Court, the substance of such examination shall be reduced to writing by the Judge and shall form part of the record the substance of what each witness deposes shall similarly be reduced to writing by the Judge, and shall form part of the record; provided that the Judge may, if he thinks proper direct the substance of the examination or the evidence to be recorded in shorthand by an officer of the Court or other person specially appointed for the purpose. In the latter case, the transcript of the shorthand shall be corrected and signed by the Judge and then placed on the record. 2. Conduct of trial where the Judge dies before conclusion or ceases to be attached to the CourtIf the Judge who has recorded evidence or caused it to be recorded in his presence, under these rules, dies or ceases to be attached to the Court before the conclusion of the suit, the Judge before whom the suit is continued may, if he thinks fit, deal with the evidence so recorded as if it had been recorded by himself or in his presence.
(b) Judgments and Orders

3. Oral JudgmentsJudgments may be written by the Judge in English or delivered orally, and in the latter case a note thereto in writing in the English Language, or Shorthand, shall be taken by an officer of the Court in attendance for the purpose. The note so taken shall be written out or typed in full by the officer by whom it was taken, and shall be submitted by him to the Judge for correction. After being corrected by the Judge, where necessary, it shall be filed as the judgment of the Court. 4. Contents of JudgmentThe Judgment shall contain a concise statement of the case, the points for determination, the decision thereon and the reasons for such decision, when issues have been framed, the finding or decision of the Court upon each separate issue shall be stated with the reason therefore, unless the finding upon any one or more of the issues be sufficient for the decision of the suit. 5. Pronouncement of Judgment(1) After a case has been heard judgment may be pronounced either at once or on some future date which shall be notified in the Cause List. No other notice to the parties shall be necessary.

(2) Where a case is heard by two or more Judges and judgment is reserved, their judgment or judgments may be pronounced by any one of them. If no such Judge be present such judgment or judgments may be pronounced by any other Judge. (3) Where a case is heard by a Judge sitting alone and judgment is reserved, his judgment may, in his absence, be pronounced by any other Judge. 6. Opinion written before delivery of judgmentWhen a case has been heard by a Bench of the Court, the written opinions of the Judges who heard the case, but who have ceased to be attached to the Court before delivery of judgment, shall, unless delivered by another Judge of the Bench which heard the case, be deemed to be minutes merely and not judgments. 7. Death of a party before delivery of judgmentWhen a party to the suit dies after the last hearing but before delivery of judgment, the Court may order the judgment to bear the date of the last hearing. 8. Filing Memorandum of appeal in case of oral judgmentA memorandum of appeal in a case in which judgment has been delivered orally, shall be received and filed without a copy of the judgment. 9. Note of order passed to be keptWhen an order is made in Court or in Chambers a note of its purport shall be made and signed by the Judge or Judges making the order; and if the order disposes of petition, the reasons for making it shall be stated. 10. Payment of costs to be condition precedent of permission to withdraw a suitWhen a suit is allowed to be withdrawn with leave to bring a fresh suit, the order shall be drawn up so as to make the payment of the costs of the first suit a condition precedent to the plaintiff bringing a fresh suit, unless the Court or the Judge who gave permission shall otherwise direct.
Part GG]

Part GG RULES OF PROCEDURE IN ELECTION PETITIONS

[Note: This Chapter was inserted by Punjab & Haryana High Court in 1967, so it is not applicable in Delhi. Please see Election Rules made by High Court of Delhi under Chapter 7 H of this Volume].
COMMENTS Rules made by High Court under Section 129 of C.P.C. regarding Election Petitions in the High Court cannot abrogate or curtail the mandatory requirement of the proviso to Section 119 of the Representation of People Act 1951, under which a returned candidate against whom an election costs and the High Court has no discretion in the matter. Sagar Ram Gupta v. Banarsi Das Gupta, AIR 1974 Punjab 330.

Part H]

Part H RULES OF PROCEDURE IN APPEALS (a) Judgments and Orders

1. Oral and Written JudgmentsJudgments may be written by the Judge in English or delivered orally, and in the latter case a note thereof in writing in the English Language or shorthand, shall be taken by an officer of the Court in attendance for the purpose. The note so taken shall be written out or typed in full by the officer by whom it was taken, and shall be submitted by him to the Judge for correction. After being corrected by the Judge, where necessary, it shall be filed as the Judgment of the Court. 2. Pronouncing Judgment(1) After a case has been heard judgment may be pronounced either at once or on some future date which shall be notified in the Cause List. No other notice to the parties shall be necessary. (2) Where a case is heard by two or more Judges and Judgment is reserved, their judgment or judgments may be pronounced by any one of them. If no such Judge be present such judgment or judgments may be pronounced by any other Judge. (3) Where a case is heard by a Judge sitting alone and judgment is reserved, his judgment may in his absence, be pronounced by any other Judge. 3. Opinion recorded before delivery of JudgmentWhen an appeal has been heard by a Bench of the Court, the written opinions of the Judges who heard the appeal, but have ceased to be attached to the Court before delivery of judgment, shall unless delivered by another Judge of the Bench which heard the appeal, be deemed to be minutes merely and not judgments. 4. Pre-dating of judgment when party diesWhen a party to the appeal dies after the last hearing, but before delivery of judgment, the Court may order the judgment to bear the date of the last hearing. 5. Reference in case of difference of opinionWhen an appeal is heard by a Bench consisting of two Judges and the Judges composing the Bench differ on point of law and refer the appeal under Section 98 of the Code of Civil Procedure, the Judges so differing shall each record his judgment on the appeal, and the appeal shall thereupon be laid before the Chief Justice, who shall direct to which other Judge or other Judge the appeal shall be referred. Similarly when the Judges composing a Bench being equally divided in opinion as to the decision on a point, state that point for reference to another Judge or Judges under Clause 26 of the Letters Patent, the case shall be heard on that point by one or more Judges to be nominated by the Chief Justice. The Chief Justice may be such other Judge or one of such other Judges.
(b) Appellate Decrees

6. Decrees in EnglishThe decree of the High Court shall be drawn up in English, and shall bear the same date as the judgment.

7. (i) Contents of decreeThe decree shall contain the number of the appeal, the names and description of the appellant and respondent, the names of the plaintiff and defendant in the suit, and the description of the Court from whose decree or order the appeal is preferred, with date of such decree or order and shall clearly state the relief granted or other determination of the appeal, in such manner as not to render the reference to other documents necessary, except the decrees of Courts below, when those decrees are affirmed or varied, but not reversed. NoteIn all important cases the Deputy Registrar, will if this, can be done without undue delay or inconvenience obtain the signature of counsel of the draft decree. (ii) Decree to mention costThe decree shall also state the amount of costs incurred in the appeal, and by what parties and in what proportions the same, and the costs incurred in the Courts below, shall be paid. (iii) Decree in pauper appealsIn pauper appeals the provisions of Order XXXIII; Rule 10 of the Code of Civil Procedure shall be observed. The heading of the decree should run Appeal in forma pauperis by... In the body should be inserted The following Court-fee costs are recoverable by Government as a first charge upon the subject matter, under Order XXXIII, Rule 10 of the Code of Civil Procedure. 8. (i) Objection to draft of decreesAs soon as a decree has been drawn up the Deputy Registrar shall cause a notice to be exhibited on the notice board, stating that the decree has been drawn up, and that any party to the decree of any counsel of any party to the decree may within 3 days, purpose the decree and sign it or file with the Deputy Registrar an objection to the decree on the ground that there is in the judgment a clerical error or omission or that the decree is not in accordance with the judgment upon which it is based. Such objection, if any shall state clearly what is the clerical error or omission alleged or in what respect the decrees is not in accordance with the judgment, and shall be signed and dated by the party or by the Advocate filing it. (ii) Objection to be laid before a JudgeShould any such objection, as is mentioned in clause (i), be filed on or before the date specified in the notice, the Deputy Registrar shall, on notice to all the parties, put up the appeal or case together with the judgment therein, the draft and the decree and the objection, for orders before the Judge or Judges, or one of them, who delivered the judgment, or if such Judge or Judges has or have ceased to be a Judge or Judges of the Court or be absent on leave or furlough, then before such Judge or Judges as the Chief Justice shall appoint for that purpose. (iii) Cases in which decree may be signed by the RegistrarShould no such objection, as is mentioned in clause (i), filed on or before the date specified in the notice, the Deputy Registrar or such other officer as may be in charge of the Judicial Department for the time being having

first dated the decree as of the day when the judgment upon which the decree is founded was delivered, shall sign the decree and seal it with the seal of the Court. (iv) Above procedure to apply to other final ordersThe above procedure shall also be observed in respect of final orders in all miscellaneous, revision or other cases. NoteNo alteration of the decree or orderUnder no circumstances shall any decree or order passed or made by a Judge or Judges be altered, varied or departed from in any particular in the office, except under an order, in writing, of the Judge or Judges who passed or made such decree or order or except under an order made on appeal from such decree or order or except under an order made in review. 9. Decree under Order XLI, Rule 11No decree shall be drawn up in cases in which the decision of the lower Court is confirmed under Order XLI, Rule 11 of the Code of Civil Procedure. 10. (i) Procedure for notice of parties when draft to be settled in their presenceWhen the draft of any decree or order has been ordered to be settled in the presence of the parties, or when none of the Judges who concurred in the judgment; continues attached to the Court and the Deputy Registrar thinks it necessary that it should be so settled, the Deputy Registrar shall, by notice in writing, which shall be accompanied by copies of the draft prepared for approval, appoint a time for setting the same, and the parties or their counsel must attend such appointment and produce before the Deputy Registrar such documents as may be necessary to enable him to settle the draft. The notice will be sent from the Deputy Registrars office to counsel, if any, of the parties with a receipt book, in which shall be obtained the signature of the person with whom the notice is left. (ii) Mode of service of noticeThe notice shall be served on the parties who have appeared in person by the party, who has the carriage of the decree or order. When so served, the original notice, with a memorandum endorsed thereon of the service of a copy thereof signed by the party by whom such service was made, must be delivered to the Deputy Registrar who may, if no satisfied that service has been duly made, require, such service to be verified by affidavit. 11. Settlement of Draft in case parties fail to actIf any party fails to attend the Deputy Registrars appointment for settling the draft of a decree or order or fails to produce any documents called for by the Deputy Registrar, the Deputy Registrar may proceed to settle such draft in his absence, or without the production of the documents aforesaid, or may mention the matter to the Court. 12. Adjournment of settlement of draftThe Deputy Registrar may adjourn any appointment for settling the draft of any decree or order to such time as he may think fit, and the parties who attend the appointment shall be bound to attend the adjourned appointment without further notice. 13. Right of party dissatisfied with Registrars settlementIf any party is dissatisfied with any decree or order as settled by the Deputy Registrar and intends to mention the matter to the

Court the Deputy Registrar if informed of such intention shall not proceed to complete the decree without allowing such party sufficient time to apply to the Court. The application must be made by motion, or notice to the parties who appeared at the hearing. 14. Variation of draft settled by the RegistrarWhen a variation is made by the Court in a draft settled by the Deputy Registrar, such variation shall be embodied in the decree or order, and except when the costs of the application are ordered to be paid, no fresh order need be drawn up. 1. Amended vide Notification No. 736/Rules, dated 24-7-78. 2. Substituted vide Notification No. 741/Estt./E-VI/DHC dated 10-1-2002. 3. Substituted for three copies vide Notification No. 38/Rules/8425 dated 15 -3-2002. 4. Added vide Notification No. 208/DHC/Rules dated 5-8-1988. 5. Inserted vide Notification No. 495/Rules/DHC dated 17-11-1995 (w.e.f. 1-1-1996). 6. Substituted vide Notification No. 495/Rules DHC dated 17-11-1995 (w.e.f. 1-1-1996). 7. Substituted vide Notification No. 208/DHC/Rules dated 5-8-1988.

CHAPTER 5
Ch. 5

RecordsTheir Inspection, Grant of Copies and Destruction

Part A]

Part A THE INSPECTION OF RECORDS

1. Inspection of decided casesThe inspection of records of decided cases will be allowed only under the orders of the Deputy Registrar. 2. Inspection of pending cases by parties or agentsRecords of pending cases will be open, as of right, to the inspection of parties or their authorised agents or any Advocate of the Court, who is duly authorised to act in the case or junior counsel whether he be an advocate of a pleader of such duly authorized advocate provided the latter certifies on the application that he has authorized his junior to inspect the record for him. Provided that an Advocate of the Court may inspect the record of any such case on giving an assurance that he is in communication with one of the parties with a view to being retained in it: Provided also that the inspection of a record will not be permitted on the date fixed for hearing without the special order of the Judge or one of the Judges before whom the case is pending. 3. Access to recordsWith the exception of the persons above-mentioned to one will be allowed access to the record of a pending case without the special order of Judge. 4. Court-fee on application for inspectionApplications under Rules 1 and 3 shall be made by petition duly stamped with a Court-fee label of [Rs. 5/-]. Other applications for inspections shall be in writing on a printed form to which must be affixed a Court-fee label of the value prescribed below :
1

(a) If ordinary inspection is desired, a Court-fee label of [Rs. 5/-].

2

(b) If urgent inspection on the date of hearing or on a day other than die date of hearing is desired a Court-fee label of [Rs. 10/-]
3

Note 1No fees should be charged for the Inspection of records in Civil and Criminal cases by the Advocate General or the Public Prosecutor, as such, or by the counsel appearing for Government in Civil and Criminal cases or by counsel appearing for accused or appellant in cases, where the latter is a pauper or is defended by counsel provided at Government expense.

Note 2No fee shall be charged for inspection by parties and counsel in Criminal cases but fees will have to be paid in case of a (a) second inspection of the same record, or (b) inspection on the day the application for inspection is made. 5. Contents of application and when and to whom to be presentedApplication must distinctly specify the record of which inspection is desired and shall be presented to the Bar Room Clerk(now at the filing counter). (a) when ordinary inspection on a day other than the date of hearing is desired, between the hours of 10 a.m. and 3 p.m.; and (b) when urgent inspection is desired on the date of hearing, between 10 a.m. and 11 a.m. 6. Hours of inspectionThe Bar Room Clerk will arrange to procure the record of which inspection is desired, and will allow inspection as follows: (a) Where inspection is desired on the date of hearing as allowed by the Judge or Judges hearing the case. (b) In all other cases, between the hours of 10 a.m. and 4 p.m. 7. (i) Copying in pen and ink and marking not allowed. Taking of copy and notes in pencil allowedNo mark shall be made on any record of paper inspected, and no servant of any member of the Bar shall be allowed on any account to take notes for his master except in the presence and under the supervision of his master. The copying of any document or portion of the record in pen and ink is strictly prohibited; but pencil copies of a document or portion of the record may be made by counsel or under his supervision and in his presence by his clerk or servant. Any person infringing or attempting to infringe the rule shall be liable to be deprived of the right to inspect records for such period as the Judge may think fit. (ii) Inspection of records on a single feeExcept in the case of connected records, inspection of which has been permitted for single fees access will be permitted to the record of one case only at a time. 8. Inspection of records for more than one dayThe fee provided in Rule 4 shall entitle the applicant to inspect the record on one day only. If inspection of the record is desired on another day, a fresh application shall be required and a fresh fee paid. 9. Inspection of police papers prohibitedPolice papers received in the Court in connection with any pending criminal case, and translation of such papers shall not be available for inspection, either by the convict or accused or by his agent or by any legal practitioner retained on his behalf.

10. Ordinary and urgent applications how dealt withAll applications bearing a Court-fee label of Rs. 5 shall be dealt with by the office at once. All ordinary applications shall be dealt with in the ordinary course of business. 11. Previous notice to office required for ordinary applicationIn the case of an application for ordinary inspection of a pending record, the applicant shall, give the Bar-Room Clerk 24 hours notice, in writing in the application, of the day and the time on which it is desired to inspect such record. 12. Inspection by Advocate-General of certain record for purposes of filing appeal against acquittalWhen any records are in the custody of the High Court either in connection with an appeal from a conviction or have been received in accordance with the procedure laid down in paragraph 6(b) of Chapter 25-E, Rules and Orders, Volume III, the Registrar of the High Court, on being informed by the Government that an appeal against acquittal is contemplated shall hand over the required record to the Advocate-General on demand during such period as they arc not required for the purposes of the appeal. 13. Inspection of registers free of chargeIn order to trace particulars of a suit or document. Counsel may, with the previous permission in writing of the Deputy Registrar and in the presence of a Court official, inspect Civil and Criminal registers of the Court on behalf of parties, free of charge.
Part B]

Part B THE GRANT OF COPIES AND TRANSLATION OF RECORDS (a) Persons entitled to copies

1. Copy to be granted to person entitledA copy or translation of a judicial record may be granted in the manner prescribed by these rules to any person who is legally entitled to receive it. 2. (i) Party entitled to copies of records and exhibitsA party to a suit or appeal is entitled, at any stage of the suit or appeal, to obtain on payment copies of the record of the suit or appeal, including exhibits which have been put in and finally accepted by the Court in evidence. NoteA party who has been ordered to file a written statement is not entitled to inspect or take a copy of a written statement filed by another party, until he has first filed his own. (ii) Grants of certain copies to strangersA stranger to the suit or appeal may, after decree, obtain as of right, on payment copies of the plaint, memorandum of appeal, written statements, affidavits and petitions filed in the suit or appeal; and may, for sufficient reason shown to the satisfaction of the Court, obtain copies of any such documents before decree. (iii) Grant of certain copies to strangerA stranger to the suit or appeal may also obtain as of right, on payment copies of judgments, decrees or orders, at any time after they have been passed or made.

(iv) Grant of copies of exhibits to strangersA stranger to the suit or appeal has no right to obtain copies of exhibits put in evidence, except with the consent of the person by whom they were produced or under the orders of the Court. (v) Grant of translationAny person entitled to obtain a copy of a judicial record may apply for a translation thereof.
(b) Applications for copies and translation of record

3. Mode of presenting(i) Copies of translation of judicial record of the High Court will be supplied on application made to the Court. NoteEvery such application shall bear a Court-fee label of four annas, vide Schedule II Article I, Court-fee Act, 1870 (as amended by East Punjab Act XXVI of 1958). The Punjab Act XIV of 1958 has amended the Court-fee from four annas to forty paise in Schedule II Article I, Court-fees Act, 1870. (ii) Every such application may be either (a) presented in the ordinary course; or (b) transmitted through the post, addressed to the Registrar or the Deputy Registrar. 4. Contents of particularsEvery application for a copy of translation shall contain the following particulars namely: (a) the name of the cause; (b) if the cause is pending; the date of institution thereof, and the date fixed for hearing; if any; (c) if the cause has been decided, the date of decision; (d) where the information referred to in clause (b) and (c) is not available to the applicant, such other information as may be sufficient to enable the cause to be identified and traced; (e) the nature of the document, a copy or translation of which is required; (f) in the case of a copy, whether for private or general use; (g) the name and full postal address of applicant. 5. (i) Procedure of dealing with the applicationUpon the presentation or receipt by post of an application for a copy of translation, the proper officer shall: (a) endorse or cause to be endorsed thereon the date of presentation;

(b) initial the endorsement; (c) cause the application to be registered as hereinafter provided; and (d) cause the Court-fee thereon to be cancelled according to law. The application will then be examined and an order passed thereon as hereinafter prescribed. NoteThe Incharge, Judicial Copy Section is authorised to deal with applications for copies and translations under these rules. (ii) Order if the application is in orderIf the application is in proper form and is one which may properly be granted under the rules and practice of the Court an order will be recorded thereon directing the copy or translation required to be made are delivered. (iii) Order if application not in orderIf the application is not in proper form or is one which may not properly be granted under the rules and practice of the Court, an order will be recorded thereon specifying the requirements to be complied with and directing its return to the applicant, or refusing the application and directing that it be filed, according to the circumstances of the case. (iv) Late applicationApplications for copies which are made so late that the copies cannot be completed by the date on which they are required, will be returned to the applicant with an endorsement to that effect.
(c) Description of copies

6. Kinds of copies and scale of fees and Court-feesCopies supplied are of three kinds, namely: (i) Attested copies (supplied in either English or Vernacular), for private use, which do not require a Court-fee stamp, but cannot be used officially until the prescribed Court-fee has been affixed. (Government of India Notification No. 2338 date the 14th August, 1880.) (ii) Attested copies (supplied in either English or Vernacular), for general use, on which the Court-fee prescribed by Articles 6, 7, 8 or 9 (as the case may be) of Schedule I of Act VII of 1870 must be affixed before delivery, namely: On copies of decrees . . . . Rs. 4 On copies of judgment . . . . Rs. 1 On other copies . . . . Rs. 0.50 for every 360 words or fraction thereof.

[(iii) (a) Unattested dasti copies of orders (given under the directions of the Honble Judge) may be issued under the signatures of Court Master if so directed by the Honble Court and applications for obtaining such orders shall be duly stamped with a court-fee of Rs. 5/- and Rs. 3/- per page shall be charged.
4

(b) In such cases where Dasti Orders are passed by the Honble Court, such orders shall be issued by the Despatch Branch on making an application by the party or his advocate duly stamped with court-fee label of Rs. 5/- and Rs. 3/- per page shall be charged. (c) While carrying out inspection of the record of Original and Appellate Side cases (including Civil Writs) the eligible parties of their authorised Advocates shall be given unattested copies of pleadings, exhibits, depositions and orders/judgments on an application made to the Registry with court-fee label of Rs. 5/- and Rs. 3/- per page shall be charged.] NoteIn all applications falling under head (ii) the applicant should be asked if he has not committed to apply for private use [(head (i)] by oversight, as such copies can always be stamped before use and very few cases of application falling under head (ii) should occur. 7. (i) Consolidated fees should be charged for attested copies according to the following scales: [(a) Fee charged for Ordinary Attested CopiesOn an application for Ordinary Attested Copies Rs. 5/- per page irrespective of number of words/lines shall be charged and a uniform extra fee of Rs. 10/- shall be charged as Processing Fee.]
5

Rs. P. (b) Vernacular copy. First 200 words or under Every additional 100 words or under
6

0.25

0.12

[(c) Copies of judgments approved for reporting supplied for purposes of reporting to the Reporters of Private Law Journals/Authorised representatives of newspapers who give an undertaking that copies so supplied will be used only for reporting/preparation of shortnotes in their own Journals/ Newspapers and not for private circulation or for any other purpose not connected with the reporting/ preparation of short-

Rs. 1,500/- per year for all judgments approved for reporting, and Rs. 400/- per year for judgment of a single category, approved for reporting; e.g., Land Acquisition cases; Income and Sales tax cases; Company cases; Rent Control cases; Service matters etc.

Rs. P. notes (Such copies to be stamped for reporting only)] (d) The copies of judgments not approved for reporting will not be supplied at consolidated rates. If, however, somebody wants to have one, it will be made available at the rate applicable to an ordinary copy.
7

(ii) Copying fee for maps etc.For field maps, boundary maps, tabular work and similar work, a special fee, which must always be a multiple of 25 n.p. shall be fixed by Deputy Registrar. (iii) Fees to include cost of papersThe above fee shall include the cost of the paper which will be supplied by Government. [(iv) Fee charged for Urgent Attested CopiesOn an application for Urgent Attested Copies, i.e., copies to take precedence of other copying work, Rs. 5/- per page irrespective of number of words/lines shall be charged and a uniform extra fee of Rs. 25/- shall be charged as Processing Fee.]
8

NoteFor the purpose of (iv) above, the extra fee to be charged shall be for each paper copies which can properly be regarded as a separate paper, e.g., every deposition of a witness or written statement of a party or order of the Court is a separate paper. In cases of doubt as to whether a paper is separate or not, the Deputy Registrar shall decide. (v) Credit of copying feesThe entire proceeds from sale of copies shall be credited into the Treasury under a separate detailed head XXIAdministration of JusticeGeneral Fees, Fines and Forfeitures(different in Delhi). (vi) Search fee(a) A search fee of Re. 0.50 will be charged under the orders of the Deputy Registrar in cases in which an unreasonable amount of trouble has been caused in finding the original records. (b) In such cases the search fee payable shall be certified by the Judicial Record Keeper to the Copying Agent, who will receive it from the applicant and pay it into the Treasury to the credit of head XXIAdministration of JusticeGeneral Fees, Fines and Forfeiture(different in Delhi). 8. Copies of translationsCopies of translation of records which have already been translated, or of records originally translated free of charge, will be supplied under the rules applicable to ordinary copies. Copies of translations of records which have not been translated already or of records not ordinarily translated free of charge, will be supplied under the rules applicable to translations. 9. Time for delivery of copies(i) Urgent copies shall ordinarily be delivered to the applicant not later than three days of the receipt of the records in the Copy Branch.

If the copy Branch experiences difficulty in securing the record the matter shall be reported to the Deputy Registrar who shall take steps to secure the record for the Copy Branch. (ii) Ordinary copies shall, as far as practicable, be delivered to the applicants in the order in which the fees required under these rules are deposited. 10. Refund of fees and recovery of balanceIf the actual amount of the charge to be made in respect of a copy of translation: (i) exceeds the amount deposited, the balance will be recovered before the copy is delivered; (ii) falls short of the amount deposited, the surplus will be returned to the person entitled to the copy at the time of delivering the copy to him. 11. Copies required by public officersCopies of records required for public purposes by public officers as defined in Section 2(17) of the Code of Civil Procedure, of the Central or State Government in India, shall be supplied free of charge, provided the application for copy is endorsed by the Head of the Department concerned. NoteFor the purpose of this rule the District Magistrate will be deemed to be the Head of Department when copies of orders passed by Civil, Criminal and Revenue Courts are required by the Prosecuting Agency for the purpose of Appeals and revisions etc., and submission to the Legal Remembrancer to Government, Punjab, under the Law Department Manual. [12. Copies of records required by Supreme Court Legal Aid and Advise Committee or the High Court Legal Aid and Advice Committee or District Courts Legal Aid and Advice Committee for the purpose of filing petitions/appeals/revisions in the cases of poor litigants shall be supplied free of cost on priority basis, provided the application for copy is made on endorsed by the Secretary of the Supreme Court Legal Aid and Advice Committee or the High Court Legal Aid and Advice Committee or District Courts Legal Aid and Advice Committee as the case may be.]
9

13. Copies to the accused personsCopies of judgments of the High Court in criminal cases shall, on application made in this behalf by the accused person, be supplied free of cost: (a) in every case in which a sentence of death or transportation for life has been passed or confirmed by the High Court; (b) in every case where the accused person wishes to file an application for special leave to appeal to the Supreme Court in forma pauperis; and (c) in any other case if the High Court so directs.

Part C]

Part C THE DESTRUCTION OF RECORDS

Rules framed by the High Court under Section 3 of the Destruction of the Records Act, 1917, with the previous approval of the State Government.
Part I GENERAL

1. Destruction of records to be made in accordance with the following rulesAll judicial records, books and papers in respect of which the period, hereinafter prescribed, for their reservation has expired, shall be destroyed in accordance with the direction contained in the rules next following. Provided that the Deputy Registrar may order, for reasons to be specified, that any particular paper or the record of any particular case be preserved beyond such period. 2. Supervision of destructionThe destruction of Judicial records, books and papers, shall be carried out from time to time as may be necessary; and subject to the general Superintendence of the Deputy Registrar, shall be supervised by such officer, hereinafter called the supervising officer, as may be appointed by the Chief Justice and the Judges for the purpose. 3. (i) Manner of destruction of record and stampsThe destruction of judicial records, books and papers including Court Fee Stamps affixed to documents which are to be destroyed, shall be effective by tearing either manually or through a shredding machine so as to render it unlikely that the documents as well as Court Fee Stamps affixed to documents so torn up may be used, again, by, or in the presence of, the supervising officer.
10

(ii) Sale of papers destroyed ana credit of sale priceThe paper, after the supervising officer has certified that the destruction has rendered such judicial records, books and papers of no value, shall be sold as waste, under the orders of the Registrar, and the proceeds of the sale shall be credited in the treasury to Government.
Part II JUDICIAL RECORDS

4. Division into parts A and BEvery judicial record shall, for the purposes of these rules, consist of two parts, namely (1) Part A, and (2) Part B. Every document admitted to such records shall be marked with the letter A or the letter B according as it belongs to Part A or Part B, and shall be placed with such file and shall without delay be entered in the general index prefixed to each such record. 5. Part A of Civil Judicial recordPart A of a Civil Judicial record shall consist of the following documents, namely

(a) In original suits

(1) The tablaq or envelope containing particulars of the case and a brief abstract of the orders in English. (2) The index of papers. (3) The order sheet. (4) The plaint, together with any schedule annexed thereto, and all documents, whether original or copies, filed with the plaint. NoteIn miscellaneous cases the petition or written application of the party setting the Court in motion will take the place of the plaint. (5) The written statements and pleadings of the parties. (6) Applications of parties who are strangers to the suit, with the Courts order thereon. (7) Orders of appointment, removal or discharge of a guardian or next friend. (8) The memorandum of issues, with amended or additional issues, if any. (9) All depositions of witnesses. (10) Order of fining a witness. (11) All documents or certified copies thereof received by the Court during the trial as evidence between the parties. (12) Order impounding a document. (13) Commissions, proceedings held thereunder and reports and examination of Commissioners. (14) Affidavits. (15) Reports furnished by the record department. (16) Applications to refer to arbitration, references to arbitration, the award or other final return of the arbitrators, with the proceedings, depositions, and document submitted therewith, and any application to set aside the award, with the Courts orders thereon. (17) Instruments of withdrawal, compromise or confession of judgment. (18) Orders of arrest or attachment before judgment with all documents relating thereto.

(19) Interlocutory orders of the Court. (20) The judgment, translation thereof (if any), or other final order. (21) The decree and all documents relating to the preparation or amendment thereof. (22) All notes in the handwriting of the Judges. (23) Application for the re-admission of a suit dismissed for default or for the re-hearing of a suit decreed ex parte. (24) Applications for review of judgment with the Courts orders thereon. (25) All receipts and acknowledgements filed in execution proceedings. (26) Petitions for substitution addition or striking names of parties or for substitution of the names of the heirs of a deceased plaintiff or defendant, if allowed.
(b) In Appeals and Miscellaneous cases (including Reference and Revision proceedings)

(1) The tablaq or cover containing particulars of the case and a brief abstract of orders in English. (2) The index. (3) The memorandum of appeal. (4) The notice, with report of service, in ex parte cases. (5) Memorandum of objections under Order XLI, Rule 22 or 26 of the Civil Procedure Code. (6) The finding in issues referred to the lower Court for trial under Order XLI, Rule 25 of the Civil Procedure Code. (7) Security bond for costs filed by the appellant. (8) Petitions for substitution, addition or striking out of names of parties or for substitution of the names of the heirs of a deceased appellant or respondent, if allowed. (9) Depositions of parties or witnesses taken in this Court or by the lower Court or remand. (10) Order for finding a witness. (11) Commissions, proceedings held thereunder and reports and examinations of Commissioners. (12) Order of appointment, removal or discharge of a guardian or next friend.

(13) Documents filed by the parties. (14) Order impounding a document. (15) Affidavits, except those presented with applications which are rejected. (16) Applications to refer to arbitration, references to arbitrations, the award or other final return of the arbitrators, with the proceedings depositions and documents submitted therewith, and any application to set aside the award with the Courts orders thereon.

(17) Instruments of withdrawal, compromise or confession of judgment. (18) Interlocutory orders. (19) The Courts judgment, translation thereof (if any), or final order. (20) The decree and all documents relating to the preparation or amendment thereof. (21) Application for the re-admission of an appeal, application or petition dismissed for default, or for the re-hearing of an appeal, application or petition decreed ex parte with final order thereon. (22) Application for review of judgment with final order thereon. (23) Application for revision under Section 44 of the Punjab Courts Act. (24) Judgment and final order on applications referred to in (21) to (23). (25) Reference under Order XLI, Rule 1 of the Civil Procedure Code or other law, with the final order. (26) Three copies of the printed record of Civil Appeals heard by the High Court. 6. Part B of Civil Judicial recordSubject to any direction by the Court to the contrary, Part B of a Civil Judicial record shall consist of all documents in such records as are not indicated in the preceding rule as belonging to Part A. 7. Part A of Criminal Judicial recordPart A of a Criminal Judicial record shall consist of the following documents, namely : (a) In an original trial, of all papers. (b) In an appeal, reference and revision, of

(1) The tablaq or envelope containing particulars of the case and a brief abstract of the orders in English. (2) The index. (3) The petition of appeal or revision or letter of reference. (4) Any additional evidence taken under the orders of the High Court on remand. (5) Translation of police reports. (6) Interlocutory orders of the Court. (7) Judgment and formal order of the Court and translation of the same. (8) All notes in the handwriting of a Judge. (9) Copies of the judgments of the lower Courts. 8. Part B of Criminal Judicial recordSubject to any direction by the Court to the contrary, Part B of a Criminal judicial record shall consist of all documents in such records as are not indicated in the preceding rule as belonging to Part A. 9. What documents in Part A of Judicial record to be preserved permanentlyThe following documents belonging to Part A of a judicial record shall be preserved permanently, namely:
In Civil cases

(1) The index. (2) The judgment of the Court. (3) The decree of the Court. (4) Unreturned deeds. (5) One copy of the printed paper book in all cases in which a paper book is printed in other cases copies of the judgments of the Courts below and the memorandum of appeal presented in the High Court.
In Criminal cases

(1) The index. (2) The judgment of the Court.

(3) Warrants of commitment or execution, when returned. (4) Unreturned deeds. (5) One copy of the printed paper book in all cases in which a paper book is printed and in other cases copies of the judgments of the Courts below and the memorandum of appeal presented in the High Court. 10. Records to be preserved for thirty yearsSubject to the provisions of Rule 9, the following records shall be preserved for thirty years, namely: (1) Part A in all Civil cases. (2) Part A of all appeals involving title to immovable property as defined in Section 3, Clause 26 of the General Clauses Act, 1897 (No. X of 1897). (3) Part A of all appeals relating to the succession to an office or to establish or set aside an adoption or otherwise determine the status of an individual, and of all appeals relating to trusts or religious endowments. (4) Part A of proceedings under the Guardian and Wards Act, 1890 (No. VIII of 1890) and the Indian Succession Act, 1925 (No. XXXIX of 1925) and all cases connected with the custody and disposal of inter-state property. (5) Proceedings under the Indian Divorce Act IV of 1869, and the Indian and Colonial Divorce Jurisdiction Act, 1926. (6) Judgment of the Supreme Court in appeals preferred from orders of the High Court. (7) Murder references. (8) Original criminal trials. (9) Part A of Criminal appeal, and reference cases relating to cases decided by the Courts of Sessions, or by Magistrates empowered under Section 30, Criminal Procedure Code, and of all cases coming under Chapters XII and XVII, Indian Penal Code, to which Section 75 of the Indian Penal Code is applicable : Provided that in the cases referred to in (9), (10) and (11), if the sentence has not been fully executed, the record shall be preserved until the return of the warrant, and shall then be destroyed. (10) Part A of appeals of reference under Chapter XXXII, Criminal Procedure Code, in which the orders of the Courts below have been interfered with. (11) Cases in which any public servant has been tried as such.

(12) Records relating to the disposal of immovable property forfeited to Government under Section 62, Indian Penal Code. (13) Part A of cases heard in the exercise of insolvency jurisdiction other than that conferred by Act V of 1920. (14) Part A of criminal cases in which a lunatic is concerned unless the lunatic shall have been subsequently tried or have died. 11. Records to be preserved for twelve yearsSubject to the provisions of Rule 9, the following records shall be preserved for twelve years, namely: Part A of Civil and Criminal Appeals and Civil and Criminal reference cases not mentioned in Rule 10. 12. Records to be preserved for six yearsSubject to the provisions of Rule 9, the following records shall be preserved for six years namely: Part A of the record in applications for the exercise by the Court of its revisional jurisdiction under the Punjab Courts Act or the Code of Criminal Procedure. 13. Time of destruction of Part BPart B of a judicial record and applications of a miscellaneous character filed with such record shall be destroyed before such record is consigned to the record-room; provided that, where an appeal lies to the Supreme Court, Part B of the record of such appeal shall be preserved until the period for the presentation of an appeal has expired, or where an appeal has been made, till the judgment of the Supreme Court has been communicated to this Court: Provided also that when a case in this Court has been dismissed for default or heard ex parte, Part B of the record shall not be destroyed until the expiry of six months from the date of the decision : Provided further that a Power of Attorney filed in a Civil Appeal in which a Letters Patent Appeal lies to the High Court shall be preserved until the period for the presentation of a Letters Patent Appeal has expired, or where an appeal has been made till the judgment therein has been pronounced. 14. Date from which period to be reckonedThe period prescribed by Rules 10, 11 and 12 of these rules for the preservation of a judicial record, shall be reckoned from the date of the final order of the Court in the case. 15. Note of destruction to be made in register, etc.A note of every judicial record destroyed under the provisions of these rules shall be made, under the signature of the supervising officer, at the time of destruction in the register in which the case is entered, and also in the general index prefixed to such record.

16. Private, Government documents and impounded documents how to be dealt with(i) Documents belonging to private persons or to Government as a party to the proceedings or which have been impounded in the cases in which they were produced shall not be destroyed, but shall be dealt with in the manner provided by the clauses of this rule next following. (ii) When the period prescribed by Rules 10, 11 and 12 of these rules for the preservation of Part A of a judicial record has expired, and before such part is destroyed all documents of the nature specified in clause (i) of this rule shall be removed therefrom and kept till application is made for their return. (iii) A document shall not be returned within the period specified in Order XIII, Rule 9 of the Code of Civil Procedure, until a certified copy thereof has been delivered to be substituted for the original, nor shall a document be returned which has been ordered to be impounded or which has, by force of a decree or order of the Court, become void or useless or which is required by law to be filed and preserved, e.g., a will under Section 294 of the Indian Succession Act, XXXIX of 1925.
Part III REGISTERS

17. ClassificationThe registers of the Court shall, for the purposes of these rules, be divided into three classes, namely: APrimary. BSubsidiary. CStatistical. All the registers shall be maintained in English.
APrimary

18. Primary registers : Definition and period of preservation(i) The primary registers are those which have to do directly with cases filed in Court, and which form an abstract of the progress and disposal of such cases. (ii) The following primary registers shall be maintained and shall be preserved for the period specified against each:
Number of Name of Register Register 1. 2. Civil First Appeals (Regular and Executions) Civil Second Appeals (Regular and Executions) Civil do Branch Period for which to be kept

For ever ditto

Number of Name of Register Register 3. 4. 5. 6. 7. 8. 9. Civil First Appeals from orders Civil Second Appeals from orders Civil Revisions Civil Miscellaneous Ditto Civil Original References under the Punjab Tenancy Act and Order XLV, Civil Procedure Code Original Matrimonial Cases Matrimonial References Matrimonial Appeals

Branch

Period for which to be kept ditto ditto ditto ditto ditto ditto Twelve years

Miscellaneous do do do Civil Miscellaneous Miscellaneous

10. 11. 11A 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23.

do do do

For ever ditto ditto

Probate and Administration Letters Patent Appeals Criminal Appeals Criminal Revision Criminal Miscellaneous Murder References Criminal Originals Trial of European British Subject Roznamcha Do Do Civil Regular and Execution First Appeals (by districts) Civil Regular and Execution Second Appeals (by districts) First Appeals from orders (by districts)

do do Criminal do do do do do Civil Miscellaneous Criminal Civil

ditto ditto For ever ditto ditto ditto ditto ditto Twelve years ditto ditto For ever

24.

do

ditto

25.

Miscellaneous

ditto

Number of Name of Register Register 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. Second Appeals from Orders (by districts) Civil Revision (by districts) Criminal Appeals (by districts) Criminal revisions (by districts) Privy Council Civil Appeals Privy Council Criminal Appeals Federal Court Civil Appeals Federal Court Criminal Appeals Supreme Court Civil Appeals Supreme Court Criminal Appeals

Branch

Period for which to be kept ditto ditto ditto ditto ditto ditto ditto ditto ditto ditto

Miscellaneous do Criminal do Civil Criminal Civil Criminal Civil Criminal

BSubsidiary

19. Subsidiary registers : Definition and period of preservationThe subsidiary registers are for administrative purposes, and the following shall be maintained, and shall be preserved for the period specified against each:
Number of Name of Register Register 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Outstation Dak Book (files) Outstation Dak Book Outstation suggestion letters and notice cards Station Dak Book Despatch Diary (Number Book) Return of files in all cases (Record Registers) Issue Diary (Divisional Registers) Postal Receipts Ledger of Stamp Account Certificate for refund of stamp duty Despatch do do do do do Despatch (Issue) Despatch do Civil One year ditto ditto ditto Five Years Three years Five years One year Five years Twelve years Branch Period for which to be kept

Number of Name of Register Register (Appeals) 11. Certificate for refund of stamp duty (Revision) Certificate for refund of fine Receipt of Records

Branch

Period for which to be kept

Miscellaneous

Twelve years

12. 13.

Criminal Miscellaneous (Receipt) Civil Miscellaneous Cause Register Clerk ditto ditto

ditto Three years

14. 15. 16.

Process fees realized Process fees realized Cause Book for Division Bench cases (Civil)

Twelve years ditto One year

17. 18.

Cause Book for Single Bench cases (Civil) Cause Book for Division Bench Criminal cases Cause Book for Single Bench Criminal cases Incomplete cases of expired dates Incomplete cases of expired dates Remand Cases

ditto ditto

19. 20. 21. 22.

ditto Civil Miscellaneous Cause Register Clerk Miscellaneous Criminal Civil Miscellaneous Criminal Civil

ditto ditto ditto One year

23. 24. 25. 26. 27. 28.

Remand Cases Remand Cases Petition Cause Book Petition Cause Book Petition Cause Book Deposit Order Book (Printing fee of First Appeals) Deposit Order Book (I and II appeals both) Deposit Order Book Deposit Order Book Payment Order Book (Refund of Process fees in First Appeals)

ditto ditto ditto ditto ditto Five years

29. 30. 31. 32.

do Miscellaneous Criminal Civil

ditto ditto ditto ditto

Number of Name of Register Register 33. 34. 35. 36. 37. 38. 39. Payment Order Book (I and II Appeals both) Payment Order Book Payment Order Book Cases given on requisition Cases given on requisition Cases given on requisition Cause laid before the Registrar (Reported Cases) Receipt Diary

Branch

Period for which to be kept

Civil Miscellaneous Criminal Civil Miscellaneous Criminal do

Five years ditto ditto Three years ditto ditto One year

40.

Miscellaneous (Receipt) Judicial Record Civil

Twelve years

41. 42.

Issue (Baramdgi) Book Cases in which memo of costs is prepared

Five years For ever

43.

Cases in which memo of costs is prepared

Miscellaneous

ditto

43-A. 44. 45. 46. 47. 48.

Kaifiat Register Civil Index Criminal Index Probate Index Index of Matrimonial cases Register of Division Bench and Full Bench cases Register of Single Bench cases Inspection of Records Register for urgent petitions Single Bench Cause Register for Civil Appeals Single Bench Cause Register for Civil Revisions

Judicial Record ditto ditto Judicial Record ditto Readers

Twelve years For ever ditto For ever ditto One year

49. 50. 51. 52.

Readers Bar Room Clerk D.R.R. Cause Register Clerk Cause Register Clerk

One year ditto ditto Six years

53.

Six years

Number of Name of Register Register 54. Single Bench Cause Register for Criminal Appeals Single Bench Cause Register for Criminal Revision Single Bench Cause Register for Civil References Single Bench Cause Register for Civil Miscellaneous applications Division Bench Cause Register for Civil appeals and Income-tax cases Division Bench Cause Register for Letters Patent Appeals Division Bench Cause Register for Criminal cases Division Bench Cause Register for Transportation Appeals and Murder References Register for Special and Full Bench cases Register of Matrimonial and Privy Council cases and cases under Legal Practitioner Act, etc. Petition Register

Branch

Period for which to be kept

ditto

ditto

55.

ditto

ditto

56.

ditto

ditto

57.

ditto

ditto

58.

ditto

ditto

59.

ditto

ditto

60.

ditto

ditto

61.

ditto

ditto

62. 63.

ditto ditto

ditto ditto

64.

Cause Register Clerk ditto ditto Judgment Copy Section ditto ditto Judgment Copy Section ditto

Twelve years

65. 66. 67.

Actual date register Cause Lists (Weekly and Daily) Work performed by copyists

Six years One year Five years

68. 69. 70.

Distribution of cases to copyists Cases sent to Civil Branch after completion Cases sent to Miscellaneous Branch after completion Cases sent to Criminal Branch after completion Copies supplied to the Editor, I.L.R., Punjab series (Delhi series)

One year ditto One year

71.

ditto

72.

ditto

ditto

Number of Name of Register Register 73. 74. 75. Copies sent to Bar Association Copies sent to R.K. Judicial Check Book showing the receipt of stationery and its consumption Disposal of applications received locally Disposal of applications received by post Ledger Book Copying Agents Cash Book Account of copies sent per V.P.P. Money Orders received from the applicants

Branch

Period for which to be kept

ditto ditto ditto

ditto For ever One year

76. 77. 78. 79. 80. 81.

Supply Section ditto ditto ditto ditto Copy Supply Section ditto

Three years ditto Five years ditto Three years ditto

82.

Amounts refunded by Money Order to applicants Applications given to the Tracers Account of copies sent to Legal Remembrancer Paper Books received for copy

ditto

83. 84.

ditto ditto

ditto ditto

85.

Assistant Examiners Section ditto

One year

86.

Letters Patent Appeals sent to the Reader to Deputy Registrar or Miscellaneous Branch Cases sent to Despatcher for issuing letters, etc. Notice Cases sent to Despatcher for issuing notices with grounds of appeal or revision. First Appeal Register

ditto

87.

ditto

ditto

88.

ditto

ditto

89.

Translating Department Translating Department ditto ditto ditto

ditto

90.

Daily Receipt Register (First Appeals and Petitions) Ledger of Translators Deposit Receipt Books Deposit Account Books

One year

91. 92. 93.

ditto Three years For ever

Number of Name of Register Register 94. 95. 96. 97. 98. 99. Cash Book (Daily) Payment Order Book Press Requisition Forms Book Printed Records Supreme Court cases Daily out-turn of work done by Copyists

Branch

Period for which to be kept

ditto ditto Criminal Branch Civil do Translating Department Civil and Criminal

One year For ever One year Five years ditto One year

100.

Daily out-turn of work done by Proof Examiners Index Register of bastas containing cases dealt with in the Judicial Destruction Branch Receipt Diary of letters Casual leave for Punjab Civil Service Index to Punjab Government Gazette, Part I, relating to history of Judicial Officers and Magistrates, powers, posting, etc. Candidates accepted for Subjudgeship Charge report of Judicial Branch I.C.S. and P.C.S. Consumption of service postcards Form Stock Book Stationery Stock Book Type-writer Stock Book Advocates Register Pleaders Register Vakils Register Mukhtars Register Petition-writer Register Desptach Register

ditto

101.

Judicial Record

Six years

102. 103. 104.

Gazette do Gazette

For ever Three years For ever

105. 106.

do do

ditto Three years

107. 108. 109. 110. 111. 112. 113. 114. 115. 116.

All Branches General Branch ditto ditto ditto ditto ditto ditto ditto ditto

Five years Ten years ditto For ever ditto ditto For ever ditto ditto ditto

Number of Name of Register Register 117. 118. 119. Register of Legal Practitioners Clerks Issue Book Register of Record-Keeper Register of allotment for Judicial buildings, Lock-ups and Mortuaries Accession Book Issue Register Journals Receipt Register Correction Slips Number Book Correction Slips Receipt Register Distribution of Books Register of books in Courts and Chambers Check Book Diary Receipt Registers Service Appeal Register

Branch

Period for which to be kept

ditto General Branch ditto

ditto ditto ditto

120. 121. 122. 123. 124. 125. 126. 127. 128. 129.

Library do do do do do Readers All Branches ditto Establishment Branch

ditto Three years One year Ten years One year ditto Forever Two years For ever ditto

CStatistical

20. Statistical registers : Definition and period of preservationThe statistical registers are for purpose of preparing the monthly and annual returns of the Court, and the following shall be maintained and shall be preserved for the period specified against each:
Number of Name of Register Register 1. 2. Average duration of Civil Appeals Average duration of Criminal Appeals and Revisions Average duration of Murder References Valuation and cost of Delhi Appeals Disposal by a Bench Branch Period for which to be kept Twelve Years ditto

Statistical Clerk ditto

3. 4. 5.

Statistical Clerk ditto

Twelve Years ditto

<P LANG="enGB" STYLE="margin-

Number of Name of Register Register

Branch

Period for which to be kept

lef

CHAPTER 6
Ch. 6

Legal Practitioners
NoteDelhi High Court has not so far made any rules under the Advocates Act, 1961 so these rules are still applicable in Delhi. In Union Territories Advocates can also take the benefit of Section 58-A(4) of the Advocates Act, 1961.
Part A]

Part A THE ADMISSION OF ADVOCATES

The provisions of Sections 3 to 16 of the Indian Bar Councils Act, 1926 (XXXVIII of 1926), having come into force in respect of the Punjab High Court by virtue of Punjab Government, Home/Judicial, Notification No. 5056.JJ-48/52532, dated the 28th September, 1948, the Honourable the Chief Justice and Judges of the Punjab High Court are pleased to sanction the following rules framed by the Bar Council under Section 9 of the said Act: 1. Rules Under Section 9The following persons may be admitted to Roll of Advocates of the High Court of Judicature for the State of Punjab: (i) Any pleader enrolled in the Punjab High Court, who has practised as such for a period of not less than one year in Courts subordinate to the said High Court. (ii) Members of the Bar of England or Northern Ireland, Members of the Faculty of Advocate is Scotland and persons who have obtained the degree of LL.M, or LL.D., of any of the Universities established by law in the Union of India or in the Dominion of India or in undivided India before 15th August, 1947. (iii) Advocates of any other High Court (including the Courts of the Judicial Commissioners) in the Union of India or in the Dominion of India who shall have practised as Advocates for not less than two years: Provided that any such Advocate undertakes in his application to have his name removed from the Roll of Advocates of the High Court within three months from the date of his admission to the Punjab High Court. In the event of such undertaking not being carried out the Court may direct that the Advocates name be removed from the Roll. (iv) Displaced persons who were Advocates or first grade Pleaders of the Courts of Judicial Commissioners of N.W.F. Province or Baluchistan or Advocates of the Chief Court of Sind or of

the High Court of Bahawalpur State and have practised as such for a period of two years in their respective Courts. (v) Any person who has obtained the degree of Bachelor of Laws of any of the recognised universities in the Union of India, the Dominion of India or in undivided India before the 15th August, 1947, or in the United Kingdom and has held judicial office for a period not less than five years: Provided that no person shall be admitted as an Advocate...... (a) if he has been declared insolvent; (b) if he has been dismissed from the service of Government unless he can show that his dismissal was not due to conduct rendering him unfit to be admitted as an Advocate. Discharged insolvents will be admitted if their insolvency was due to misfortune or circumstances beyond their control. (vi) Any law graduate who has passed the University examination or special test held by the Punjab University in the Punjab Customary laws, Punjab Land Revenue Act and is enrolled as a Pleader in the Pepsu High Court: Provided that persons who were enrolled as pleaders in the erstwhile Pepsu High Court and were as such enrolled pleader of the Punjab High Court under Rule 1-A; Chapter 6-D, High Court Rules and Orders, Volume V will not be entitled to be enrolled as Advocates if they are not law Graduates. 2. Application to be admitted to the Roll of Advocates of the High Court shall be in writing, addressed to the Chief Justice and Judges of the Court, and shall be delivered to the Registrar or the Deputy Registrar of the Court personally or through an Advocate of the High Court. The application, which must be dated, stamped with a Court-fee label of the prescribed value and signed by the applicant, shall state: (i) the age of the applicant; (ii) the date on which the applicant acquired necessary qualifications under Rule 1; (iii) whether or not it is his intention to practice within the jurisdiction of the Court, and, if so, the district which he proposes to make his ordinary place of business; (iv) whether or not he holds any appointment under Government, and, if so, the nature of the appointment held; (v) whether or not he is engaged in any business in India, and if he is, the nature of such business and the place where it is carried on;

(vi) whether he has been convicted by a Criminal Court or dismissed from Government service, if so, he should give further particulars to show that the conviction or dismissal was not due to conduct rendering him unfit to be enrolled as an Advocate; (vii) whether he has been declared insolvent; (viii) whether he is a discharged insolvent, and, if so, he should further give particulars to show that his insolvency was due to misfortune or circumstances beyond his control.

The application shall be accompanied by: (a) satisfactory evidence of the applicants qualifications under Rule 1; (b) two testimonials of good character and conduct of the applicant from Advocates of the High Court. (c) if the applicant has been enrolled as an Advocate of any one or more of the other High Courts (including Courts of Judicial Commissioner) in the Union of India, a certificate or certificates of other satisfactory evidence of such admission, showing that his name is still borne on the Roll of such other High Court or High Courts, or, if his name has been removed, the circumstances under which it was removed; (d) if the applicant has practised under any other High Court, evidence that his conduct as an Advocate has been satisfactory; (e) an extra copy of the application for the records of the Bar Council; and (f) a written undertaking that: (i) he will within six months of his enrolment as an Advocate apply for membership of a Bar Association, and if admitted, continue to be a member. (ii) he will abide by the rules regulating the appointment of clerks by legal practitioners. (iii) he will faithfully observe and obey all rules made by the Courts of the Punjab High Court, Chandigarh. (iv) Whether he has made any previous application for admission as an Advocate to any High Court and whether it has been refused. 3. No woman shall be disqualified for admission as an Advocate by reason only of her sex. (a) The Chief Justice and Judges may, if for any special reason, they think it desirable to do so relax the provisions of any of these rules and permit the enrolment of any other person who in

their opinion is sufficiently qualified as an Advocate or permit such person to appear as an Advocate in a particular case. 4. On receipt of the application, the Registrar or the Deputy Registrar shall cause a notice of the said application to be served on the Secretary, Bar Council, together with the application and enclosures or copies of the same, intimating that the application will be taken into consideration after ten days from the date of the service of the notice and inquiring whether the Bar Council has any objection to the granting of the application. The Registrar or the Deputy Registrar shall forward the copy of the application to the Secretary, Bar Council, which will be retained by him for the records of the Bar Council. 5. Every candidate for admission as an Advocate, shall attend in person, if so required by the Bar Council, for the purpose of giving further information touching any matter mentioned in his application for enrolment, certificates and statements filed by him. 6. If the Bar Council prefers any objection to the admission of the applicant, such, objection shall be laid before the High Court for hearing in accordance with the provisions of Section 9, subsection 2(d) of the Indian Bar Councils Act, 1926. 7. At such hearing the applicant and the Bar Council will be entitled to be heard and represented by counsel, if they so choose. 8. The fee payable to the Bar Council by every applicant for admission as an Advocate of the High Court shall be Rs. 100 or such other sum as may be fixed by the Bar Council from time to time. 9. If the application for enrolment as an Advocate be granted, the Registrar or the Deputy Registrar will, on payment, of the stamp duty, if any, chargeable under the Stamp Law for the time being in force in the State of Punjab and on production of a receipt from the Secretary, Bar Council, showing that admission of the Bar Council, has been paid, deliver to the applicant a certificate of admission and enrolment in the form annexed to these rules under his signatures and the seal of the High Court and enrol his name in the Courts Roll of Advocates.
Part B]

Part B POWERS AND DUTIES OF ADVOCATES

The provisions of Sections 3 to 16 of the Indian Bar Councils Act, 1926 (XXXVIII of 1926) having come into force in respect of East Punjab, High Court by virtue of East Punjab Government Home/Judicial Notification No. 5056-JJ-48/5232, dated the 28th September, 1948, the Honble the Chief Justice and Judges of the Punjab High Court are pleased to sanction the following rules framed by the Bar Council under Section 15 of the said Act:

Rules under Section 15

1. An advocate is bound to accept any brief in the Court in which he profess to practise at a proper professional fee, according to the length and difficulty of the case, unless there are special circumstances, which inter alia would include personal relationship want of time, ill-health, the fact the client has already retained another lawyer to justify his refusal. 2. An Advocate shall not take instructions in any case except from the party on whose behalf he is retained or some person who is the recognised agent of such part within the meaning of the Code of Civil Procedure, or is a pleader or Vakil or solicitor employed by such party for the case, or some servant, relative or friend believed by the Advocate to be authorised by the party to give such instruction. 3. No Advocate should appear before a local authorised of which he is a member. 4. No Advocate should appear in a case against the local authority of which he is a member. 5. When an Advocate accepts any appointment under Government or in a limited liability or other company or engages in any trade or business, he shall forthwith give notice thereof to the High Court and the Chief Justice and Judges may suspend him from practice or pass such orders as they may think fit. 6. No Advocate shall do anything by way of advertisement or touting or soliciting for work. 7. An advocate should not, accept any brief through a person who has been proclaimed a tout under Section 36 of the Legal Practitioners Act, 1879, or is reputed to be tout or pay any fraction of his fee to person through whom he has been engaged. 8. To enter into an agreement with a client for any consideration over and above his fees in case of success is unprofessional for an Advocate. 9. Filing a false certificate of fees is professional misconduct. 10. (i) An Advocate shall be entitled to deduct of any moneys of the client remaining his hands, at the termination of the proceedings for which he had been engaged, the fee due to him. The balance, if any, shall be refunded to the client. (ii) An Advocate is under no obligation, to appear for the client if the whole of the settled fee is not paid to him before the hearing of the case or to appear at a place for which he has not been engaged. 11. No Advocate shall in his own name or in the name or names of any other person or persons, purchase any property or any share or interest in any property sold in execution of a decree or order in any suit appeal or other proceedings in which he was in any way professionally engaged.

12. An Advocate is entitled to charge any fees which may be agreed upon between him and his client whether they are above or below the prescribed fee for the purpose of taxation of costs. The Advocate is entitled to charge an additional fee, if a case is referred to a larger Bench or is placed before a third Judge on difference of opinion between two Judges. 13. No Advocate can be required to accept a retainer or brief or to advise pleadings in any case where he has previously advised another party on or in connection with the case, and he ought not to do so in any case in which he would be embarrassed in the discharge of his duty by reason of confidence reposed in him by the other party or his action would be inconsistent with the obligation of any retainer held by him; and in any such case it is his duty to refuse to accept such retainer brief or to advise or to draw pleadings; and in case such retainer or brief has been inadvertently accepted, to return the case along with the fee, if any, received by him. 14. An Advocate who has accepted a retainer from a party should not accept the retainer or brief offered by the opposite party unless he has given the former reasonable notice and that party has defaulted in giving him the brief within a reasonable time; and in such case the retainer is forfeited. Provided that no notice is necessary where the client has by his conduct shown that he does not wish to engage the counsel originally retained. 15. It is not proper for an Advocate to accept a retainer or brief in a case in which he has acted in a Judicial or quasi-judicial Character as Commissioner or Arbitrator. 16. An Advocate of another High Court in the Union of India including the High Court for the State of Jammu and Kashmir may, with the special permission of the Honble the Chief Justice or the Bench hearing the case, granted for a particular case, appear and plead in the Punjab High Court, provided an Advocate of the Punjab High Court appears along with him in the case. 17. The surplus funds of the Bar Council shall be invested in Government securities in accordance with the directions of the Council from time to time. 18. All moneys received by the Secretary shall be sent to the State Bank of India, Chandigarh, or any other Schedule Bank approved by the Bar Council or other branches of the said Bank in accordance with the directions of the Council from time to time. All expenses except petty items shall be paid by cheques drawn on the said Bank. 19. Every cheque on the Bank shall be signed by the Chairman (or any other member authorised by the Chairman) and the Secretary. 20. The Secretary shall maintain a true account of all income and expenditure together with proper Voucher. He shall be assisted by the Treasurer, who shall act under the guidance of the Secretary.

21. The Accounts shall be audited every year by such agency as the Council may by resolution determine. Note : The High Court of Punjab & Haryana has made Rules in 1970 under Section 34(1) of the Advocates Act. These rules are not applicable in Delhi. But the High Court of Delhi has amended these rules by substituted Rule 15. Vide Notification No. 50/DHC/Rules, Dated 18-21982.
Part C]

Part C SUSPENSION AND DISMISSAL OF ADVOCATES

[Note: These rules are prior to the enactment of Advocates Act 1961. See also Advocates Act. Delhi High Court has not framed rules so for under Advocate Act, 1961.] I. IntroductoryThe procedure in a case for professional or other misconduct against an Advocate is governed by Sections 10 to 13 of the Indian Bar Councils Act, 1926 (XXXVIII of 1926) and rules framed under Section 12 of that Act. II. Insolvency or conviction for an offence to be reported to the High CourtWhen any Court subordinate to the High Court adjudges an Advocate to be insolvent or convicts an advocate of any offence it shall forthwith report the fact and send a copy of the order or judgment to the High Court for an order under Section 10(2) of the Indian Bar Councils Act. III. Complaint to be in the form of a petition supported by affidavitAny person making allegations of misconduct against an advocate shall be required to submit them in the form of a written petition and, unless the complainant is a public servant acting in his official capacity, shall be required to support them by an affidavit. IV. RulesThe following rules have been framed by the Punjab High Court under Section 12 of the Indian Bar Councils Act:
Rules under Section 12

1. Upon receipt of a case referred for enquiry to the Bar Council under Section 10, the Secretary of the Bar Council shall: (a) supply a copy of the complaint and of the reference to all members of the Bar Council, to the person or authority making the complaint under Section 10(2) (hereinafter called the complainant) and to the Advocate whose conduct is the subject of the complaint (hereinafter called the Advocate); and (b) convene a meeting of the Tribunal for the earliest suitable date. 2. The Tribunal shall at the said meeting: (a) frame charges on the basis of the complaint;

(b) fix a date, hour and place for the enquiry; (c) give notice thereof to the complainant and the Advocate; (d) (i) inform the Advocate that he must deliver to the Secretary of the Bar Council his written answer within fourteen days of the date of the notice referred to in Rule 2(c); (ii) inform the complainant and the Advocate that they must, within a further period of fourteen days, make application to the Secretary of the Bar Council, in respect of any evidence they may desire to have summoned, depositing with the application the necessary expenses, or bring their evidence on the date fixed, without invoking the assistance of the Tribunal; (e) in default of the complainant or the Advocate or either of them appearing, the Tribunal may proceed ex parte and make such enquiry as it thinks fit. (f) the proceedings of Tribunal shall be recorded and maintained by the Secretary of the Bar Council or by such other person as the President of the Tribunal may direct. 3. The Secretary of the Bar Council shall supply to all the members of the Tribunal copies of the charges framed under Rule 2(a) and copies of the written answer delivered by the Advocate under Rule 2(d) (i). 4. At the commencement of the enquiry the charges shall be read to the Advocate, his written answer shall be read and he shall further, if necessary, be called up to supplement his written answer and to plead orally to the charges; and further, the Tribunal may, at any stage of the enquiry, put such questions to the complainant, the Advocate or any witness, as they may deem necessary and proper. 5. If, after considering the reply to the charges, the Tribunal deems proper to proceed with the enquiry, the case shall be opened on behalf of the complainant; and the evidence in chief in support of the charges and cross-examination and re-examination shall follow. 6. The Advocate shall then be called upon to enter upon his defence, if he desires to make any defence, and, after opening his case, shall give evidence on his own behalf and then produce his witness. 7. The Tribunal shall then proceed to consider and record its findings: Provided (1) that each member of the Tribunal shall if he so desires, be entitled to record a separate finding; Provided (2) further that the Tribunal may at any stage close the proceedings and record its findings, if in the unanimous opinion of its members, no case has or can be made against the Advocate.

8. At the enquiry, it made upon a complaint by the Bar Council, the complainant shall be represented by a member of the Bar Council or an Advocate appointed by the Chairman of the Bar Council; and in any other case the complainant may be represented by a counsel of his choice and, failing that, by a counsel to be appointed by the Chief Justice. The Advocate may, if he so desires, be represented counsel. 9. The Tribunal may adjourn the enquiry from time to time to a date and place to be fixed at the time of adjournment and may make such orders and give such directions in regard to the enquiry and all matters relating thereto as it may think fit and shall make all orders as may be necessary in regard to matters specified in the Indian Bar Councils Act, 1926, Section 13. 10. Upon receipt of a case referred to a District Judge, he shall follow, as nearly as may be, the procedure indicated in Rules 2 to 9 above. 11. At the enquiry by the District Judge, the complainant may be represented by a counsel of his choice or by the Government Pleader, if the District Judge so directs and the Advocate shall be entitled to be represented by a counsel of his choice. 12. Generally and in so far as may be but without prejudice to the foregoing rules, the Tribunal or the District Judge, as the case may be, shall observe the procedure prescribed by the Civil Procedure Code, 1908. V. BenchesFor constitution of Benches in such cases, please see Rule 2 of Chapter 3-B of this Volume. VI. Orders to be published in the GazetteEvery order of the High Court by which an Advocate is suspended or dismissed or reinstated shall be notified by the Registrar in the Punjab Government Gazette.
Part D THE ADMISSION OF PLEADERS
Part D]

1. The following persons may be admitted as pleaders: (i) Persons who have graduated in the Faculty of Arts or of Science or of Commerce or of Agriculture and have also in the case of University of the Punjab either passed the LL.M., examination or the LL.B. examination under the old Regulations, or the LL.B. Final Examination under the new Regulations, which come into force with the Law examination of 1951, or have obtained the degree of Master of Laws or Bachelor of Laws at one of the other recognised universities in India or the United Kingdom; provided that any person applying on or after 1st May, 1939, whose qualification is that of LL.B. under the revised regulations extending the LL.B. course from 2 to 3 years at the Universities of the Punjab or Delhi, shall produce a certificate that he has attended 75 percent of the course of lectures, on Legal Ethics; and also those who have passed the Bachelor of Civil Laws Examination of Delhi University; provided further any person applying on or after the last May, 1974, whose qualification in that of LL.B.

under the revised regulations reducing the LL.B. course from three to two years at the University of Delhi, shall further be required to pass the certificate of Proficiency Examination in Law of that University after undergoing a regular course of study for one year at the University; (ii) Advocate, Vakils, Attorney and Pleaders of any other High Court in India whose names are still borne on the Roll of such Court: Provided that every person applying for admission who does not hold the degree of Master of Laws or Bachelor of Laws of the University of the Punjab or University of Delhi or Bachelor of Civil Laws of Delhi University or the degree of Master of Laws or Bachelor of Laws at one of the recognised Universities in the United Kingdom, shall have previously passed an examination held by the University of the Punjab or the University of Delhi or the University of Aligarh or the University of Benaras in the Punjab Customary Laws, Punjab Land Revenue Act, Punjab Tenancy Act and Punjab Pre-emption Act and shall have practised as a pleader for not less than 3 years anywhere in India. These conditions, however, shall not apply to those law graduates of the recognised universities of India who have passed the LL.B., final examination of the Punjab University or the Certificate of Proficiency Examination in Law of Delhi University or the Certificate a regular course of study for one year at the Punjab University Law College or the Delhi University, as the case may be: Provided further that the High Court may, in a special case exempt a candidate from the operation of the condition with regard to the passing of examination in the Punjab Customary Laws, Punjab Land Revenue Act, Punjab Tenancy Act and Punjab Pre- emption Act, laid down in proviso 1; Provided further that in the case of a displaced Pleader of the Chief Court of Sind, Judicial Commissioners Court of North-West Frontier Province and Baluchistan and the High Court of Bahawalpur State, who has practised as such in his province of area for six months, this rule shall have effect as if the preceding two provisos were omitted and the said Pleader shall be admitted as a Pleader of this Court if he possesses the qualifications specified in clause (i) or (ii) of this rule. Admission of insolvents, dismissed Government servants and discharged insolvents NoteNo such person shall, however, be admitted as a Pleader (a) if he has been declared insolvent; or (b) if he has been dismissed from the service of Government unless he can show that his dismissal was not due to conduct showing him unfit to be admitted as a Pleader. Discharged insolvents will be admitted if their insolvency was due to misfortune or circumstances beyond their control. 1-A (i) Notwithstanding anything Court contained in these rules all persons who were admitted as Pleaders in the erstwhile Pepsu High Court on or before the 31st October, 1956, shall be

deemed to have been admitted as Pleaders of the Punjab High Court with effect from the 1st November, 1956. (2) For purpose of seniority, a Pepsu Pleader shall be deemed to have been admitted as a pleader of this Court on date of his admission as a Pleader in Pepsu High Court or in any of the covenanting States if earlier. 2. Mode of applying and particulars to be stated in applicationApplication to be admitted as a Pleader under the provisions of the Legal Practitioners Act, 1879, shall be by petition to the High Court stamped under clause (b) (iii) of Article (1), Schedule II of the Indian Court-fees Act, 1870, as amended by Punjab Act No. XXVI of 1949. The application which must be dated and signed by the applicant shall state: (a) the age of applicant; (b) the nature of the qualification under Rule I in respect of which the application is made; (c) the year in which he graduated; (d) the year or years in which he passed the Law Examination(s) mentioned in Rule 1; (e) whether or not he holds any appointment under Government, and if so, the nature of the appointment held; (f) whether he has been convicted by a Criminal Court or dismissed from Government service; (g) that it is his intention to practise within the jurisdiction of the High Court. (h) the district which he proposes to make his ordinary place of business. (i) whether he has been declared insolvent. (j) whether he is a discharged insolvent, and if so, he should give further particulars to show that his insolvency was due to misfortune or circumstances beyond his control. Documents to accompany application The petition shall be accompanied by evidence of the qualifications required, and by the fee fixed by the rules for the time being in force. The applicant must produce a certificate from the Principal of the Law College (which may in suitable cases be dispensed with) and another certificate from a person of standing and respectability (not a member of the Law College Staff) that he is suitable in every way for admission as a Pleader. If the applicant holds any appointment under Government or carries on any trade or business at the time of his application the fact shall be stated in the petition. The application shall also be accompanied by a written undertaking that:

(i) he will within six months of his enrolment as a Pleader apply for membership of a Bar Association, and if admitted, continue to be a member; (ii) he will abide by the High Court rules regulating the appointment of clerks by legal practitioners and make a declaration from time to time in the following form of his clerks qualifications or disqualifications : (1) name; (2) fathers name; (3) qualifications, i.e., whether a matriculate qualified petition-writer, or legal practitioners clerk in service without break from a date prior to the date of the issue of the orders, viz., 20th November, 1936; (4) disqualifications, i.e., whether he was ever declared a tout, convicted of an offence involving moral turpitude, or dismissed from Government service, the date of conviction or dismissal being given. 3. Mode of presenting application-grant of certificateThe petition shall be presented by the applicant in person, or by an Advocate practising in the High Court, and if it be granted, the Registrar shall to the applicant a certificate in the Form annexed to these rules on the applicants furnishing the requisite stamp paper and a declaration in writing stating the Civil and Criminal Courts and the Revenue Courts and Offices which he desires to be specified therein. The Registrar shall notify the admission in the Punjab Government Gazette; Provided that if the certificate be not taken out in the year in which the applicant is admitted, it shall not be issued without a special order of the Court. 4. Fees for admissionA fee of ten rupees shall be payable by every person admitted by the High Court to be a Pleade under the fore-going rules.
FORM OF PLEADERS CERTIFICATE

Pursuit to The Legal Practitioners Act, 1879 as amended by the Legal Practitioner Act 1884, I hereby certify that................................. whose ordinary place of business is at.................... has been duly admitted by the Punjab High Court as a Pleader on the..................and is entitled to practise as such, subject to the provision of the Act above recited and to the rules made thereunder, during the current calendar year in the Courts and Offices specified below, that is to say:
Civil Courts

The District Court and all Civil Courts of Subordinate jurisdiction.

Criminal Courts

The Court of Session and all Criminal Court of Subordinate Jurisdiction.

Revenue Offices

All Revenue Courts and Offices subordinate of the Court and Office of the Financial Commissioner. Given under my hand and the seal of the Court, this ............................. day of. .....................................................................................19.................... Registrar Note : This license is liable to be revoked at any time during the said period on the ground specified in Sections 12 and 13 of the said Act, and inter alia participation on the part of the holder in any seditious or disloyal movements will be considered reasonable cause for such revocation.
Part E]

Part E POWERS AND DUTIES OF PLEADERS

1. Courts in which a pleader can PractiseA Pleader holding a certificate written upon stamped paper of the value of twenty-five rupees shall be competent to appear, plead, and act in all Courts, Civil and Criminal, subordinate to the High Court and in all Revenue Courts and Offices subordinate to the Financial Commissioner subject to rules regards enrolment in Part F. 2. Notice to be given on taking up employment or engaging in trade or businessWhen Pleader accepts any appointment under Government or in a limited liability, or other Company, or engaged in any regular trade or business, he shall forthwith give notice thereof to the High Court and the Chief Justice and Judges may suspend his certificate or pass such orders as they may think fit. ExplanationMinisters of the Government, the Speaker and Deputy Speaker of the Legislative Assembly, Parliamentary Secretaries and Parlia-mentary Private Secretaries are excluded from the operation of this rule. 3. Not to by property in cases in which engaged-Except with the special leave of the Court concerned, no Pleader shall in his own name, or in the names of any other person or persons, purchase any property or any share or interest in any property sold in execution of a decree or order in any suit, appeal or other proceeding in which he was in any way professionally engaged. 4. Shall furnish account to his client of money receivedWhere any Pleader receives any money from his client, he must furnish him with a statement, of accounts, with receipts, where these can be obtained for all sums of money above Rs. 5 disbursed on his behalf.

A Pleader shall be responsible for seeing that receipts are furnished to a client for all sums of money received by himself or by his clerk on his behalf. 5. Procedure to be followed when a Pleader has been expelled by his Bar AssociationOn receipt of intimation that a pleader has been expelled by his Bar Association from membership, his case should be referred to a single Judge who will decide whether there is a cause for taking action against the lawyer for professional misconduct. If the Judge is of opinion that action for professional misconduct should be taken the case will be dealt with in the same way as other cases of professional misconduct. If he decides that there is so reason to take action for professional misconduct, the lawyer will be allowed to practise although he is not a member of a Bar Association. 6. No pleader shall employ direct means of advertisement, such as describing himself on signboard, telephone directories, books, letters, paper heads or case covers, etc., as an expert or practitioner or consultant in any particular branch of law or putting more than one name plate at his residence and office : Provided that on account of the peculiar situation of Simla houses, a Pleader may put up name plates not exceeding three if his residence is separate from the office and not exceeding two if his office and residence are at one and the same place, Subject to the condition that name plates are not indicative of advertisement or canvassing.
Part F]

Part F THE ENROLMENT OF AND RENEWAL OF CERTIFICATES BY PLEADERS (a) Enrolment

1. Can practice on enrolment only within the DistrictA Pleader is authorised to practice only after enrolment in accordance with the rules in this part, and then only in Court or Office held within the territorial limits of the jurisdiction of the Court of the District Judge in which he is enrolled. 2. Mode of applying for enrolment. Entry in register and on certificate(i) Every application, to be enrolled as a Pleader under the provisions of Sections 8 and 9 of the Legal Practitioners Act, shall be made by petition to the Court in which the application desires to be enrolled. The application shall be accompanied by the certificate referred to in Section 7 of the Act, and shall be presented by the applicant in person or by an Advocate or Pleader practising in the Court. (ii) If it appears from the certificate that the applicant is entitled to be enrolled the Court shall enter his name in a register of Pleaders to be maintained in Form I, and endorse on his certificate memorandum in Form II, annexed to these rules. NoteSuch applications must be stamped with the proper Court-fee stamp under Article (I)(b)(iii) of Schedule II of the Court-fee Act amended by Punjab Act No. XXVI of 1949.

3. Register of enrolment to be kept by District JudgeA register of Pleaders in Form I annexed to these rules shall be maintained in the Court of the District and Sessions Judge.
(b) Renewal of certificates

1. Application for renewal of certificateProcedure(i) Every application for the renewal of a certificate shall be made by petition to the District Judge of the district in which the applicant ordinarily practises, at least two weeks before the expiry of the certificate, and shall be accompanied by the expiring certificate and by a declaration in writing stating the applicants ordinary place of business, and the Civil or Criminal Courts and the Revenue Offices which he desires to be specified therein. In the case of a pleader who is not actually practising at the time of applying for renewal of his license, the application shall be accompanied by: (i) a statement to show whether he complied with the provisions of Rule 2 of this part; (ii) a declaration to the effect that since he last renewed his license: (a) he has not been dismissed from Government service, (b) he has not been declared an insolvent, (c) he has not been convicted by any Criminal Court, (iii) another declaration to the effect that he is not engaged in any trade, business or other profession at the time of submitting his application, and (iv) in case the applicant has been in the service of Government, or a local body, a certificate from the Head of Department to the effect that his character and conduct while in service were good. (ii) Mode of presenting applicationEvery such application shall be presented by the applicant in person, or in the event of the applicant being unable to attend in person, by an Advocate or Pleader practising in the Court.

NoteSuch application do not require to be stamped. I. FORM OF REGISTERVide Rule 3 of Part F (a) Register of Pleaders and Mukhtars enrolled under the Legal Practitioners Act 1897, in the Court of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Name of the Pleader Fathers Name Date of enrolment Date of application for renewal of Pleaders licence 4 Period for which the licence is renewed Date on which licence was renewed Signature and designation of the authority authenticating renewal 7 Remarks

II. FORM OF MEMORANDUM OF ENROLMENT REFERRED TOIn Rule 2, Clause (ii) of Part F(a)

Certified that . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has this day been enrolled in the Court of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as a . . . . . . . . . . . . . . . . . . . . . . . . . . . (Signed A.B.) Title as Judge of the Court (iii) If at the date of the application the applicant is not resident within the jurisdiction of the High Court the fact shall be stated in the application, and unless the applicant or other person applying on his behalf certifies that the applicant intends to return and to resume practice within the jurisdiction of the High Court during the ensuing year, the certificate shall not be renewed without an order of the High Court. (iv) Endorsement on renewal certificates which shall be notified to High CourtOn the requisite stamp-paper being supplied, a renewed certificate will be prepared and issued by the District Judge to the applicant, if he attends personally or to the Advocate or Pleader Presenting the application. On the renewed certificate will be endorsed the memoranda of enrolment recorded on the expiring certificate, and the endorsement will be authenticated by the renewing officer. When a certificate is renewed by a District Judge, he shall forthwith notify such renewal to the High Court, and cancel and place the superseded certificate on record, in his office.

(v) Procedure where applicant changes his place of businessIf a Pleader applying for the renewal of his certificate in any District in which he has not been practising, declares that he has changed his place of business and intends to practice in that district, the District Judge to whom the application is made shall renew the certificate and report at once to the High Court the fact of his having done so; information being given at the same time to the District Judge in whose district the Pleader has hitherto been practising with a view to his removing the name of the Pleader from his register. 2. District Judge to be informed in case renewal not desired-Every pleader who desires not to renew his certificate shall, before it expires, inform the District Judge of the district in which he ordinarily practises of his intention and the reasons for the same. If no such information is furnished, he shall not be entitled to have it renewed without a further order of the High Court, which may if it thinks fit, require payment of the renewal fees for the entire period during which the certificate has not been renewed. Consequence of information in timeIf the information is furnished at the proper time, the certificate may be renewed on application under the foregoing rules, and on payment of the usual fee. Consequence of non-renewal within three yearsIf application for renewal of a lapsed certificate is not made within three years, the name of the person shall at the expiration of that period, be struck off all the registers in which he is enrolled, and the fact intimated to the High Court. 3. Cancellation of certificate(a) If the practice of a Pleader has been suspended and during the period of suspension the Pleader is dismissed from Government service or is convicted of any criminal offence, implying a defect of character which unfits him to be a Pleader the certificate shall be deemed automatically cancelled, unless the High Court, for special reasons sees fit to renew it. (b) The High Court may, for any other reasonable cause occurring during such suspension, cancel the certificate of the Pleader or direct that the suspension shall continue for such period as may be determined. (c) The procedure for the decision of cases falling under this rule shall follow, as nearly as may be the procedure prescribed in Part G of this Chapter for the suspension and dismissal of Pleaders.
Part G THE SUSPENSION AND DISMISSAL OF PLEADERS
Part G]

Rules made by the Punjab High Court under the powers conferred by clause (d) of Section 6 of the Legal Practitioners Act, 1870 (XVIII of 1979) as to the suspension and dismissal of Pleaders.

1. (i) Insolvency of a PleaderA pleader adjudged insolvent shall be liable to suspension until such time as he is discharged whether conditionally or not, or until the order of adjudication is annulled. (ii) NoticeAny Court subordinate to the High Court adjudging a pleader to be insolvent shall forthwith send a copy of its order to the Registrar, who shall cause it to be laid with the least possible delay before the Honourable the Chief Justice or an Honourable Judge nominated in this behalf. The Honourable Judge shall fix a date for which notice shall issue to the pleader to appear and show cause why he should not be suspended until such time as he is discharged or the order of adjudication is annulled. (iii) Suspension until dischargeOn the date fixed the Honourable Judge shall after hearing the pleader in person or his counsel, or if he does not appear, although served and is not represented by counsel, in his absence, pass orders suspending the pleader until such time as he is discharged whether conditionally or not, or until the order of adjudication is annulled, unless for good and sufficient reasons to be recorded in writing he considers it necessary not to suspend him. NoteThe pleader must satisfy the Honourable Judge that his insolvency is not due to any cause which affects his suitability to practise as a legal practitioner. 2. (i) Conviction for an offenceWhen any criminal subordinate to the High Court convicts a Pleader of any offence, it shall forthwith report the fact and transmit a copy of its judgment to the High Court. (ii) Complaint in writingAny person making allegations of professional misconduct under Section 13 of the Legal Practitioners Act against a Pleader shall be required to submit them in the form of a written complaint and, unless the complainant is a public servant acting in his official capacity, shall be required to support them by an affidavit. 3. Enquiry under Section 13 of the Legal Practitioners Act how ordered(i) An enquiry under Section 13 of the Legal Practitioners Act, 1879, may be ordered by the High Court of its own motion or upon an application for that purpose. (ii) Such an enquiry into the conduct of a Pleader may be held before the High Court or before any subordinate Court appointed by the High Court to hold it and to report to the High Court. (iii) Show cause noticeA notice about a complaint under Section 13 of the Legal Practitioners Act shall be issued to the Pleader and shall be served upon him at least fifteen days before the day appointed for the consideration of the charge. The pleader may, at this stage, show cause against an enquiry being directed against him, on the ground that the allegations, even, if true, would not constitute a reasonable ground for suspension or dismissal. 4. Preliminary inquiryWhen a report and a copy of the judgment under Rule 2(i) or a complaint under Rule 2(ii) or a report from a subordinate Court under Rule 3 (ii) or a report under Section 14 of the Legal Practitioners Act received, the Registrar shall cause the papers to be laid, with the least possible delay, before the honourable the Chief Justice or an Honourable

Judge nominated in this behalf. The Honourable Judge may make such preliminary inquiry as he considers necessary, and if he is of the opinion that there is no ground for proceeding further, he may order accordingly. 5. (i) Statements of chargesIf the Honourable Judge finds that a prima facie case is made out for proceeding further against the Pleader he shall pass an order directing that the case be heard by a Bench of two Honourable Judges and shall call upon the Advocate-General to draw up a statement of charge against the Pleader. (ii) SuspensionWhen such an order has been passed the Honourable Judge may suspend the Pleader from practice pending the decision of the disciplinary proceedings against him. (iii) Notice to Pleader When the Pleader is suspended, the Registrar shall forthwith cause notice of his suspension to be served upon him. 6. (i) Constitution of Bench NoticeWhen the statement of charges referred to in Rule 5 has been framed by the Advocate-General and approved by the Honourable Judge ordering the inquiry, the Honourable the Chief Justice shall nominate Bench of two Honourable Judges to hear the case. (ii) The Registrar shall thereupon cause a copy of the statement of charges together with a notice of the date of hearing, to be delivered to the Pleader at least 15 days before the date of hearing and shall call upon him to submit on the first date of hearing a written statement in answer to the charges. The person charged shall also be entitled to make an oral statement in answer to the charges. 7. Procedure for hearing before the BenchIf the Bench is of the opinion that there is no ground for taking disciplinary action against the Pleader it may pass orders accordingly and its decision will be final. 8. Points of Procedure(i) The Bench shall have powers to decide what, if any, witnesses shall be examined in support of the charges or on behalf of the Pleader and to nominate one of its members to record any evidence when may be adduced. (ii) The Bench shall also have powers to decide all points of procedure which may arise during the hearing and may direct that all or any of the evidence to be recorded shall be given by affidavit. (iii) Pleader may appear as a witnessIn all enquiries under Section 13 or Section 14 of the Legal Practitioners Act the person charged may offer himself as a witness on his own behalf, and may thereupon be sworn or affirmed and examined in the same manner as any other witness; but he shall not be called as a witness or examined upon oath or affirmation except at his own request or with his express consent.

9. Decision of BenchThe Bench shall after hearing such arguments both far and against the Pleader as may be offered, come to a decision on the merits of the case and direct what action shall be taken. This decision shall be final. In the case of disagreement the case may be referred to the Honourable the Chief Justice or an Honourable Judge nominated in this behalf whose decision shall be final. 10. ReinstatementIf the Bench decides that the charges are not proved it shall pass orders accordingly and the Pleader shall, if he is under suspension, be reinstated. 11. ReviewThe High Court may, either of its own motion or on the application of any person aggrieved call for the records of any case under Section 15 of the Legal Practitioners Act and revise the proceeding of a subordinate Court or Revenue officers: Provided that no order of acquittal, passed by a subordinate Court or officer under Section 14 of the Act, shall be set aside without giving the Pleader an opportunity of being heard. 12. Orders to be communicated to PleaderThe orders of the Bench shall be communicated by the Registrar to the Pleader. 13. Reconsideration of ordersAny order of suspension or dismissal made or confirmed by the High Court may, if sufficient cause appears, be re-considered and cancelled or modified by the Bench which made the order: Provided that if, for any reason, any member of the Bench is unable to sit on the Bench for the reconsideration of its order, the Honourable the Chief may nominate another Honourable Judge in his place. 14. Orders to be published in the GazetteEvery order of High Court by which a Pleader is suspended or dismissed or reinstated shall be notified by the Registrar in the Punjab Government Gazette. (High Court Notification No. 230-Gen/XIII-D-3, dated the 13th September, 1956).
Part H FILING OF POWERS OF ATTORNEY BY ADVOCATES AND PLEADERS
Part H]

Filing of powers of Attorney be Legal Practitioners in the High Court and the Courts (a) In Subordinate Court: (i) For Civil casessee Chapter 16-A, Rules and Orders of the High Court, Volume I. (ii) For Criminal casessee Chapter 25-A, Rules and Orders of the High Court, Volume III.

(b) In the High Court: The rules are the same as given at (i) and (ii) of part (a) above except that no person can appear, plead or act on behalf of a suitor in the High Court unless his name is borne on the rolls of the High Court as an Advocate. A private Pleader under Section 4(r)(2) of the Code of Criminal Procedure is also debarred from appearing in the High Court under clauses 7 and 8 of the Letters Patent constituting that Court.
Part I]

Part I FEES OF COUNSEL

[1. Suits for debt damages and recovery of specific propertyIn suits for the recovery of specific property, or a share of specific property, whether movable or immovable, or for the breach of any contract or for damages:
1

If the amount or value of the property, debt or damages decreed shall not exceed rupees five lacs (Rs. 5,00,000/-) according to the valuation for purposes of appeal to the Court, the fee shall be calculated at Rs. 14,500/- (Rupees fourteen thousand five hundred) and on the remainder at 1 per cent subject, however, that in no case the amount of fee shall exceed Rs. 50,000/- (Rupees fifty thousand) or the actual, whichever is less, subject to the condition that a certificate of fee must be filed.] 2. Suits for injuries to person or property or character. Suits for partition and pre-emption and other rightsIn suits for injuries to the person or character of the plaintiff, such as suits for assault or defamation or for injuries to property or to enforce rights where the pecuniary value of such injury or rights cannot be exactly defined,as in suits for interference with a right to light or water, or to enforce a right of pre-emption, or suits for the partition of joint property where partition is improperly resisted, if the plaintiff succeeds, the Court may order the fee allowed to the plaintiff to be calculated with reference either to the amount decreed or according to the valuation of the suit or according to such sum not exceeding the valuation, as the Court shall think reasonable and shall fix with reference to the importance of the subject matter in dispute. In any such case, the amount of the fee shall be calculated according to Rule 1. 3. When suit dismissed on merits or defaultIf the suit be dismissed for default or upon the merits, the fee allowed to the defendant shall be calculated according to Rule 1 on the whole value of the suit. 4. When suit partly dismissedIf the suit shall be decreed for the plaintiff as to part only of the claim, and as to the remainder shall be dismissed; the fee allowed to each party should be fixed with reference to the value of that part of the claim in respect of which he shall succeed and shall be calculated according to Rule 1. 5. Suits for damages when full amount claimed not decreedIf in any suit for damages, the plaintiff succeeds as to the whole of his cause of action, but fails to recover the full amount of damages claimed, the defendant shall not be entitled to any allowance for counsel in respect of the difference between the amount of damages claimed and the amount recovered, unless the

Court shall be of opinion that the amount claimed for damages was un-reasonable or excessive and shall for that or any other cause, direct that a fee be allowed to the defendant. If specially allowed, the amount of such fee shall be fixed with reference to the amount of damages disallowed to the plaintiff and shall be calculated according to Rule 1. 6. If case of several defendants having common interestIf several defendants who have a joint or common interest succeed upon a joint defence, or upon separate defences substantially the same, not more than one fee shall be allowed, unless the Court shall otherwise order. 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. 7. Several defendants having separate interestIf several defendants, who have separate interests, set up separate and distinct defence and succeed thereon, a fee for each of the defendants who shall appears by separate counsel 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 defendants, according to Rule 1. [8. Miscellaneous proceedingsIn any miscellaneous proceedings or for any matter other than that of appearing, acting or pleading in a suit prior to decree, the fee shall be fixed by the Court with reference to the nature and importance of the proceedings or matter;
2

Provided that in no case shall the amount allowed in respect of such fee exceed Rs. 2,000/(Rupees two thousand) or below Rs. 500/- (Rupees five hundred)]. 9. Half fees in undefended suitsIf a suit in the High Court, as a Court of original jurisdiction, be undefended, the fee shall be calculated at one-half the sum fixed for a defended suit of the same nature and value. 10. When review is rejectedIf a review be rejected after summoning the opposite party or if, after the admission of a review, the former judgment be upheld, the fee, if allowed to the successful party in the review, shall be fixed by the Court at an amount which shall not in any case exceed one-half of the amount allowed by these rules in case of an original decree. 11. When review is acceptedIf, after the admission of a review, the former judgment be revised, the fee in respect of the review, if allowed to the party who succeeds in the review, shall not exceed one-half the amount allowed by these rules in case of an original decree. The fee allowed in respect of the review will be irrespective of any fee which may be included in any costs in respect of the original suit which may be adjudged to the successful party by the judgment in review, unless the Court shall otherwise order. 12. AppealsIn appeals, the fee shall be calculated on the same scale as in original suits; and the principles of the above rules as to original suits shall be applied, as nearly as may be, in appeals.

13. Where several appellants have joint interestWhen the interest of several appellants is joint, no more than one fee shall be allowed, unless the Court shall otherwise order. If one fee only be allowed, the Court shall direct to which of the appellants it shall be paid or shall apportion it amongst the several appellants in such proportion as it shall think fit. 14. Several respondentsIf several respondents in one appeal appear by separate counsel, in determining whether separate fees shall be allowed, the Court shall be guided by the principles laid down in Rules 6 and 7. 15. Discretion of Court to deviate from the scale laid in the rulesIf, in any instance, the payment of fees according to the preceding rules shall not appear to the Court to be just and equitable the Court may exercise its discretion in allowing such fee as may appear just and equitable. Fees in case of counsel dealing with dalals and toutsProvided that in the case of a party represented by any Advocate, Vakil or Attorney (a) who is known or reputed to have any dealing, communication or correspondence, directly or indirectly, with a dalal or with any person who frequents any Railway Station, sarai or other place as a tout or (b) who is known or reputed to employ in any capacity whatsoever any such person or any person who frequents any Railway Station, Sarai or other place as a tout, the Court may order that no fee be allowed to such party for such Advocate, Vakil or Attorney or may, in its discretion, allow a fee for the same not exceeding the following sums, that is to say: (i) In first appeals from original decrees and in suits before the Court in the exercise of its ordinary or extraordinary original jurisdiction [Rs. 750/-].
3

(ii) In all other cases, the fee allowable under the above rules up to a maximum of [Rs. 250/-].
4

Appeals from decrees passed on remandProvided also that, if an appeal be preferred against a decree passed on remand, the fee, if any allowed by the Court to the party succeeding in that appeal, shall not, unless the Court shall otherwise order, be less than one quarter, nor more than one half of the amount which would be allowed under the rules upon an original hearing, if, by the decree remanding the case, the same party shall have been allowed fees in respect of the former appeal in the suit either absolutely or conditionally upon his succeeding upon the remand. Fees for trial of issues referred to the lower CourtProvided also, that if an issue be framed and referred by the Court for trial by a lower Court, the Court may, if it thinks proper, allow to the party who shall succeed in the appeal, such sum as the Court shall consider reasonable not exceeding half the amount which would be allowed under these rules in an original case, for his fee in respect of the trial of the issue in the lower Court, in addition to a fee in respect of the appeal. 16. Certificate of payment of fees to counsel to be put in before fees are allowed by Court Notwithstanding anything contained in the rules of the Court and notwithstanding any order of a Judge or Judges, no fee for the appearance of any Advocate, Vakil or Attorney shall, except as in

these rules hereinafter provided be allowed on taxation between party and party, or shall be included in any decree or order unless the Taxing Officer is satisfied that the fee was paid to the Advocate, Vakil or Attorney before the hearing and unless the party claiming to have such fee allowed shall, before the hearing, file in the office of the Taxing Officer a certificate signed by the Advocate, Vakil or Attorney as the case may be, certifying the amount of the fee or fees actually paid by or on behalf of his client to him or to any other Advocate, Vakil or Attorney in whose place he may have appeared. Provided that in regular first appeals from decrees and cases arising under the Company Law and Indian Succession Act heard before a Division Bench the taxing officer will allow fees on taxation to a party when at least two counsels have filed certificates of payment of fees on its behalf. 17. Contents of certificateSuch certificate shall state: (a) the case matter or proceeding in respect of which such fee or fees was or were paid; (b) the date or dates when such fee or fees was or were actually paid to the Advocate, Vakil or Attorney engaged in the case, matter or proceeding either as the exclusive fee or fees of such Advocate, Vakils or Attorney or as the fee or fees of the Advocates, Vakil or Attorneys associated and to the associated in the case, matter or proceeding in the High Court; (c) the precise amount or amounts which was or were so paid; (d) that no portion of such fee or fees has been returned, and that no agreement for return or remission of the same has been made, by the Advocate, Vakil or Attorney or by any one on his behalf; and (e) the name and address of the person who made such payment. Certificate of payment where higher fees above the scale allowed Provided that when a higher fee than is allowed by the scale is allowed by special order of the Court, a certificate of the payment of the additional fee at any time may be accepted if filed before taxation in lieu of the certificate required by these rules. 18. Form of certificate of payment of feesThe certificate mentioned in Rules 16 shall, so far as possible, be in the following form:
IN THE DELHI HIGH COURT

Between. . . . . . . . . . . . . . . . . . . . . . and . . . . . . . . . . . . . . . . . . . . . . . . For the purpose of presentation to the Taxing Officer and having my fee allowed on taxation as against the party or parties, who may be liable for costs under the judgment or order of the Court, I, . . . . . . . in accordance with Rule 17 of the rules regulating the fees of counsel in the Court,

hereby certify that in the above . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .the following fees were paid to me as my exclusive fee (or as my fee as well as that of who . . . . . . . . . . . . with me in the case) on the dates and by the person or persons specified below, and that no portion of such fees has been returned and that no agreement for such return or remission has been made by me or by any one on my behalf or on behalf of . . . . . . . . . . . . . . who
Matter Fee Date of payment By whom paid

associated with me in the case:

Address of person who actually made such payment

Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address of Advocate, Vakil or Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Filed on the . . . . . . . . . . . . . . . . . .day of . . . . . . . . . . . . . . .by . . . . . . . . . . . . . . . . NoteIn the certificates of fees filed by the legal practitioners engaged by Government in cases in which the Union of India or a State Government is a party, or in which the actual party is not Government but Government Servants or some other persons whose defence Government decides to undertake at public expense, or in which a Municipal Committee or a Local Body or an Improvement Trust is a party, it is sufficient to certify that a fee has been fixed (not paid) by the legal Remembrancer to Government, Punjab, or other appropriate authority as the case may be. The same procedure may, by a resolution of the Judges in meeting be extended to counsel appearing on behalf of an Official Liquidator appointed by the High Court. 19. Matrimonial casesCounsel engaged in matrimonial cases in the High Court should when filing a certificate required by Rule 16, submit a detail of the work done or to be done by them for which they have charged their clients. Only those charges which are necessary to enable the parties to conduct the litigation will be allowed by the Taxing Officer who will bear in mind that the object in giving costs is to indemnify the successful party against expenses to which he has been but by the unsuccessful party. The maximum fee in a defended matrimonial cause shall be Rs. 1,500; and half that amount in undefended causes, provided that the Judge, who tries the

case, may allow the full fee in an undefended cause, should the nature of the work done by counsel warrant it.
Part J]

Part J CLERK OF LEGAL PRACTITIONERS

1. DisqualificationNo person shall be employed by a legal practitioner as his clerk unless such person has been a legal practitioners clerk for three years, or is a qualified petition-writer or has passed the Matriculation Examination of a recognized University: Provided that no such person shall by employed as a Clerk: (a) if he has been declared a tout; or (b) if he is an undischarged insolvent; or (c) if he has been convicted for an offence involving moral turpitude ; or (d) if he has been dismissed from the service of Government, unless he can show that his dismissal was not due to conduct showing him unfit to be legal practitioners clerks, viz., corruption or some other reason involving dishonesty; (e) if he is an ex-petition-writer, whose licence has been cancelled for corruption or for some other reasons involving dishonesty ; (f) if he is unfit to be a legal practitioners clerk for any other sufficient reason. Dismissed Municipal and District Board employees shall be regarded as dismissed Government Servants for the purposes or these rules. (i) Date when and persons to whom rule will applyThe rule shall apply to all persons engaged after the 20th November, 1936, but not a person who was a legal practitioners clerk on or before the 20th November, 1936 and who may be engaged by a legal practitioner after the 20th November, 1936 provided: (a) that his service subsequent to that date is continuous; and (b) that his work is satisfactory as certified by his last employer. (ii) Clerks to whom proviso shall applyThe proviso shall apply to clerks already in the service of legal practitioners, who have been declared touts at any time, or who were convicted within five years before the 20th November, 1936, for an offence involving moral turpitude. (iii) Clerk to whom proviso shall not applyThe proviso shall not apply to clerks already in the service of legal practitioners who have been dismissed from Government service.

(iv) The proviso shall not apply to clerks already in the service of legal practitioners who have been convicted but whose conviction took place more than five years before the 20th November, 1936. (v) Employment of undischarged insolvent clerksThe proviso that no person shall be employed as a clerk if he is an undischarged insolvent shall apply to clerks already in the service of legal practitioners. 1-A. No deed-writer shall be employed at all as a Legal Practitioners clerk. A clerk to a Legal Practitioner shall not engage himself in any trade or business without the previous permission of the High Court. 2. Illiterate persons not to be employedNo illiterate person shall be employed at all as a legal practitioners clerk. Definition of literate person NoteA literate person for purposes of this rule will be one who has some knowledge of English or preferably Urdu as being the Court language in the Punjab. 3. Not more than two clerks to be engagedNot more than two clerks shall be appointed or retained by any legal practitioner. 4. Names of clerks to be notified to Secretary Bar AssociationThe names of such clerks shall be communicated by each legal practitioner, who is a member of Bar Association, to the Secretary of that Association. A legal practitioner who is not a member of any Bar Association and cannot under the rules framed by the High Court be compelled to join the Bar Association, shall communicate the names of his clerks direct to the District Judge. 5. List of clerks to be sent to District JudgeThe Secretary shall prepare a list of the clerks employed by the legal practitioners and sent it to: (a) The District Judge, or (b) The President Officer, of the Superior Civil Court sitting at the place where the Association is. 6. Date of submission of listSuch list shall be submitted in the first week of January each year, any changes during the course of the year being intimated separately. 7. No clerk shall be recognized by the Courts unless his name is borne on this list. 8. Power of clerks to deal with the staff of the CourtClerk mentioned in the list shall be entitled to act on behalf of their masters, but on their responsibility, in all transactions which have to be done before or with the ministerial staff of the Court.

9. List of clerks to be circulated to local CourtsA copy of the list when received and the changes notified shall be supplied to all Courts situated at the station for information. 10. Contents of listThe list shall be in the following form: (a) name and parentage of the clerk, (b) name of the legal practitioner by whom engaged, (c) qualification, i.e., whether (i) Matriculate, (ii) Petition-writer, (iii) has three years service with a legal practitioner, with a certificate that the clerk has never been (i) dismissed from Government service, (ii) convicted of in offence involving moral turpitude, (iii) declared a tout, and (iv) declared an insolvent, if so, whether discharged or undischarged. 11. Only District Judge competent to remove name from listDistrict Judge (and not a Bar Association) shall have power to declare a person to be unfit for employment as a legal practitioners clerk and to remove his name from the list of approved clerks to legal practitioners. 12 AppealA clerk whose name has been removed by a District Judge may appeal to the High Court, which may, if it thinks fit, alter or revise the orders passed by the District Judge.
Part K CONSTITUTION AND PROCEDURE OF BAR COUNCIL
Part K]

Note: These rules have been omitted in Punjab & Haryana in 1970 but not omitted in Delhi so far. Please see after Part 6K Rules of the Bar Council of Delhi under the Advocates Act. Punjab High Court, Notification No. 246-Genl./XIII-E-4, dated the 28th December, 1955In partial modification of High Court Notification No. 13-Genl/XIII-F-4, dated the 13th January, 1949, it is hereby notified that under Section 6(2) of the Indian Bar Councils Act, 1926, the Bar Council of the Punjab High Court, with the previous sanction of the High Court, have added to, amended or rescinded the first rules by the High Court under the aforesaid and the revised rules so added, amended or rescinded are as under:
Rules under Section 6

1. In these rules unless there is anything repugnant in the subject or context: (i) Act means the Indian Bar Councils Act, XXVIII of 1926.

(ii) Advocate-General means the Advocate-General of the State of Punjab. (iii) Bar Council means the Bar Council constituted for the High Court. (iv) Chairman means the Chairman of the Bar Council or in his absence the Vice-Chairman as provided by Section 4(4) of the Act. (v) The High Court means the High Court of Judicature for the State of Punjab. (vi) Secretary means the Secretary or other person to be appointed by the Council to perform the duties of a Secretary howsoever designated. (vii) Treasurer means the Treasurer or other person to be appointed by the Bar Council to perform the duties of a Treasurer howsoever designated. (viii) Voter means any person whose name is entered on the Roll of Advocates maintained by the High Court under Section 8(2) of the Act and who is entitled to practise. (ix) The day of election means the day on which the scrutiny and counting of votes shall begin. (x) A candidate of ten years standing means a candidate who on the day of election has for not less than ten years been entitled as of right to practise in the High Court. (xi) A candidate of less than ten years standing means a candidate who on the day of election has not been entitled as of right to practise in the High Court for ten years. 2. Bar Council shall consists of: (i) the Advocate-General for the time being. (ii) ten person elected from among the Advocates, who are on the date of the election entitled as of right to practise in the High Court, and (iii) four person nominated by the High Court in accordance with Section 4, clause (l)(b) of the Act. 3. The day of election for every election shall be fixed by the Chairman so as to be within thirty days before the expiry of the term for which the last preceding election was held. 4. (i) Notice of the day of election shall be given by publication in the official gazettes of the States of Punjab and Delhi, over the signatures of the Secretary not less than sixty days before the day of the election. (ii) Copies of such notices shall also be sent by the Secretary, of the Advocate-General, the Presidents of the High Court Bar Associations and the District Bar Associations and the District Judges in States of Punjab and Delhi.

5. Every candidate for election as a member of the Bar Council shall be proposed by two voters by a writing signed by them addressed to the Secretary and delivered personally or by registered post (A.D.) to the Secretary not less than thirty days and not more than sixty days before the date of election. Each proposal must be accompanied by a deposit of Rs. 100/- and a statement signed by the candidate showing his willingness to serve on the Bar Council, if elected. The proposal shall be in the form attached hereto. Provided that if more proposals than one are received in respect of a candidate, a single deposit of Rs. 100/- only would be sufficient. 6. The Secretary shall submit to the Chairman any proposal of a name for election as the validity of which he may any doubt and the decision of the Chairman shall be final. 7. In the event of the Chairman deciding that a proposal is invalid, the fact shall be notified forthwith to the candidate by the Secretary and the candidate may there upon submit another proposal within the time prescribed by Rule 5. In the event shall the candidate be entitled to submit a proposal after the time prescribed by Rule 5. 8. Any person proposed may withdraw his name by a communication in writing so as to reach the secretary not later than twenty-five days before the day of election and his name shall be omitted from the list of candidates. The deposit made under Rule 5 shall be refunded to the candidate withdrawing. 9. Not less than twenty days before the day of election the Secretary shall cause a list of the names of all candidates duly proposed to be posted on a notice board in the High Court shall send copies of such list to the District Court Bar Associations in the States of Punjab and Delhi under a certificate of posting. 10. Elections and all matters, relating thereto provided for by these rules shall be conducted by the Secretary or such person as the Bar Council may appoint to discharge the duties of the Secretary under these rules and the Secretary or such person may with the approval of the Chairman appoint any person or persons to assist him in the conduct thereof. 11. (i) If among the candidates duly proposed there are not more than five candidates of less than ten years standing and the total number of candidates duly proposed is not more than ten, all the candidates shall be deemed to be elected and the Bar Council shall fill up the deficiency of candidates in the manner provided for filling up casual vacancies so as to confirm to the provisions of Section 4(2) of the Act. (ii) If among the candidates duly proposed there are more than five candidates of less than ten years standing and not more than five candidates of ten years standing, all the candidates of ten years standing proposed shall be deemed to be elected an there shall be an election for five candidates of less than ten years standing by voting papers as provided in the succeeding rules and the Bar Council shall fill up any deficiency of candidates of ten years standing in the manner provided for filling up casual vacancies.

(iii) If among the candidates duly proposed there are more than five candidates of the ten years standing and more than five candidates of less than ten years standing, there shall be an election for ten candidates by voting paper as provided in the succeeding rules. 12. The copy of the Roll of Advocates to be sent by the High Court to the Bar Council, under Section 8(4) of the Act shall contain the address of each member. Any person who desires to change his address shall notify his intended change of address to the Secretary of the Bar Council. 13. Not less than fifteen days before the day of the election the Secretary shall send by express delivery under postal certificate to every voter to his address as shown in the Roll of Advocates referred to in Rule 12: (i) a voting paper on which the names of the candidates shall be arranged in alphabetical order and which shall bear on it the Secretarys initials and which shall be accompanied by a covering letter. (ii) a voting paper cover. (iii) an envelope addressed to the Secretary ; and (iv) a memorandum of instructions as regards the number of vacancies, the mode of voting and the latest hour when the voting should be received by the Secretary. 14. No voter whose address is not entered in the said Roll shall be supplied with a voting paper except on a written application to the Secretary. 15. (i) A voter shall vote by placing a cross mark against the name of any candidate for whom he desires to vote. He shall not place a cross mark against more names than the number of members to be elected. He shall not give more than one vote to one candidate. A voting paper which contains erasures or alterations of any name, word, mark or sign by which the voter can be identified or bears on it a number of votes greater than the number of candidates to be elected shall be deemed to have been defaced and no votes purporting to have been given thereby shall be counted. (ii) The signatures to each covering letter accompanying the voting paper must be attested by the District Judge or any Sub-Judge or Magistrate 1st Class of the place and sealed with the Court seal, or attested by the Registrar of the High Court. (iii) The decision of the Chairman whether a voting paper has or has not been defaced shall be final. 16. Each voting paper when filled in shall be sent by registered post or delivered personally by the voter to the Secretary or any other person appointed by the Secretary for the purpose or to the Senior Sub-Judge of the place in an envelope addressed to the Secretary referred to in Rule 13 so as to reach the Secretary or the person appointed or the Senior Sub-Judge at or before 3 p.m. of

the day of election. Any voting paper received or delivered thereafter or in contravention of this rule shall be rejected. The Senior Sub-Judge shall forward the voting papers so received along with a list thereof under his signatures and seal of the Court under registered cover to the Secretary Bar Council, Punjab High Court, Chandigarh. Provided that at all places where there is no Senior Sub-Judges Court the voting paper may be delivered to the Sub-Judge of the highest grade at that place. 17. The scrutiny and counting of votes shall begin at 3.30 p.m. on the day of election, and on the conclusion of counting, the voting papers, shall be placed in a box and sealed. The number of votes obtained by each candidate shall be set out in a list. 18. (i) In the case covered by Rule 11(ii), the five candidates who obtained the highest number of votes shall be declared to have been elected, provided that if, in the case of an equality of votes between two or more candidates, it is necessary to determine which of the candidates, shall be held to have been duly elected the Secretary shall draw lots in the presence of the Chairman for the purpose of deciding priority between the candidates having the same number of votes. (ii) (a) In the case covered by Rule 11(ii), the ten candidates who obtained the highest number of votes shall be declared to have been elected, provided that, if there are more than five candidates of less than ten years standing amongst them, only the first five shall be declared to have been elected and in the place of the candidates of less than ten years standing so eliminated the candidates of over ten years standing who have obtained the next highest number of votes, shall be deemed to have been elected. (b) In the event of an equality of votes between two or more candidates in any of the cases covered by Rule 18(ii), priority for the purpose of election has to be determined in the manner prescribed in sub-rule (i) above. 19. A list of candidates declared elected to the Bar Council shall be prepared and signed by the Secretary and submitted by him to the Chairman who shall certify it by his signatures and the same shall be filed as of record by the Secretary. Copies thereof shall be published in the Official Gazettes of the States of Punjab and Delhi and sent to the Registrar of the High Court and the District Bar Associations in the States of Punjab and Delhi, and to, all the District Judges in the States of Punjab and Delhi. 20. On the publication aforesaid to the said list the election shall be final and the voting papers shall be destroyed. 21. Elected members going out of office shall be eligible for re-election. No elected member who by reason of his retirement under Rule 24 has caused a vacancy shall be eligible for re-election at the next election. 22. The term of office of nominated and elected members shall be three years from the date of the first meeting of the Bar Council after an election:

Provided that in case of emergency on a unanimous resolution of the Bar Council, the term of the Bar Council may be extended by period of 3 months, with the sanction of the High Court. Provided further that the Chairman and the Secretary shall continue to function as such for the purposes of operating accounts, receiving moneys, issuing receipts and incurring recurring expenditure of the Bar Council. 23. Casual vacancies which may occur among the elected members may be filled up by the Bar Council and casual vacancies which may occur among nominated members may be filled up by the High Court, and the person filling up a vacancy shall go out of office at the date when the term of office of the member whose place he takes would expire. In the event of two or more candidates for a vacancy to be filled up under this rule by the Bar Council having received the same number of votes, the Chairman shall have a casting vote. 24. Any elected or nominated member of the Bar Council who fails to attend four consecutive meetings of the Bar Council, shall be deemed to have vacated his seat and to have caused a casual vacancy and he shall not be eligible for appointment under Rule 23. 25. The Bar Council shall be deemed duly constituted notwithstanding any vacancy in elected or nominated members. 26. Meetings of the Bar Council shall be convened by the Secretary under the direction of the Chairman, or, in his absence from the seat of the High Court, of the Vice-Chairman, who shall determine time and place thereof. 27. Notice of meetings of the Bar Council shall be issued by post or delivered at least 15 days before the date fixed for the meetings. In case of emergent meetings, however a notice of seven days shall be enough. 28. Five members shall constitute a quorum for a meeting of the Bar Council. Each member of the Bar Council shall have one vote and the Chairman shall have a casting vote. 29. If at a meeting less than five members are present, it shall be adjourned for not less than seven days; and at the adjourned meeting no quorum shall be necessary. 30. The election of the office holders shall be held annually and shall be by ballot in the event of there being more than one proposal for the respective offices. The names for the officers shall be proposed and seconded and the election of the other office holders shall follow the election of the Chairman. The meeting shall be presided over by one of the members elected for the purpose but as soon as the Chairman is elected he shall preside over the meeting. The out-going office holders shall be eligible for re-election.
FORM (RULE 5)

To The Secretary,

Bar Council, Punjab High Court at . . . . . . . . . . . . . . . . . . . . . . . . We, the undersigned Advocates, Punjab High Court hereby propose the name of Shri . . . . . . . . . . . . . . . . . . son of . . . . . . . . . Advocate, Punjab High Court, practising at . . . . . . . . . . . . as a candidate for election to the Bar Council, Punjab High Court to be held on . . . . . . . . . . . . . . . Consent of candidate Proposer I, . . . . . . . . . . . . . . . . . . . . . . . . . . . Shri . . . . . . . . . . . . . . . . . . . . . . . . . .... .... son of . . . . . . . . . . . . . . . . . . . . . . . . .. son of . . . . . . . . . . . . . . . . . . . . . . . . ... Advocate, Punjab High Court, Advocate, Punjab High Court practising at . . . . . . . . . . . . . . . Practising at . . . . . . . . . . . . . . . . . . . agree to serve on the Bar Sd . . . . . . . . . . . . . . . . . . . . . Council, if elected. Place . . . . . . . . . . . . . . . . . . . . . . . Dated . . . . . . . . . . . . . . . . . . . . . . . Sd . . . . . . . . . . . . . . . . . . . . . . . . . . . Shri . . . . . . . . . . . . . . . . . . . . . . . . . ... .... Place . . . . . . . . . . . . . . . . . . . . . . . . .... Dated . . . . . . . . . . . . . . . . . . . . . . . . ... son of . . . . . . . . . . . . . . . . . . . . . . . . ... Advocate, Punjab High Court, Practising at . . . . . . . . . . . . . . . . . Sd . . . . . . . . . . . . . . . . . . . . . . . . . . Place . . . . . . . . . . . . . . . . . . . . . . . Dated . . . . . . . . . . . . . . . . . . . . . . .
EXTRACTS FROM Rules of the Bar Council of Delhi [Rules framed under Section 15 of the Advocates Act, 1961] Chapter I

A. These rules may be called the Bar Council of Delhi Rules, 1963 and shall come into force immediately. B. In these Rules, unless there is anything repugnant in the context:

(i) Act means the Advocates Act, 1961 (XXV of 1961); (ii) Council means the Bar Council of Delhi; (iii) Chairman means the Chairman of the Bar Council of Delhi duly elected or authorised to act in that behalf; (iv) Rules mean the Bar Council of Delhi Rules, 1963; (v) Member means the member of the Bar Council of Delhi; (vi) Secretary means the Secretary of the Bar Council of Delhi; (vii) Quota means the lowest value of votes sufficient to secure the right of a candidate; (viii) Tribunal means the Tribunal appointed under the rules to decide election disputes; (ix) Voter means an advocate whose name is entered on the roll of advocates prepared and maintained by the Delhi Bar Council under Section 17 of the Advocates Act XXV of 1961.
Chapter II ELECTION TO THE BAR COUNCIL

1. Short Title and CommencementThese Rules shall be called the Bar Council of the Delhi Election Rules, 1968 and they shall come into force from the date of their approval. 2. These rules shall be subject to the rules made by the Bar Council of India under the powers vested in it by the Act. 3. InterpretationIn these Rules, unless the context otherwise requires : (a) Act means the Advocates Act, 1961; (b) Additional Solicitor General means the 1st Additional Solicitor General of India; (c) Bar Association means a Bar Association included in the list kept by the Bar Council for the purpose of these rules; (d) Bar Council means the Bar Council for the State of Delhi; (e) Casual Vacancy means a vacancy that has been caused otherwise than by the expiry of the term of office of a member; (f) Chairman means the Chairman of the Bar Council of the State; (g) Clear day means that time is to be reckoned exclusive of both the first and the last days.

Illustration: The election of members to a State Bar Council is fixed for the 15th January, 1965. Under the rules of the Bar Council, ballot papers have to be despatched 10 clear days before the date of election. Consequently the last date for the despatch of ballot papers will be 4th January, 1965. (h) Continuing Candidate means any candidate not elected and not excluded from the poll at any given time; (i) Court means (a) all the operations involved in the counting of the first preferences recorded for candidates, or (b) all the operations involved in the transfer of the surplus of an elected candidate, or (c) all the operations involved in the transfer of the total value of votes of an excluded candidate, or (d) all other operations involved in, incidental to, or necessary of the entire process of ascertainment of votes. (j) Electoral Roll means and includes the roll containing the names of the Advocates prepared in accordance with the rules of the Bar Council of India in Part III, Chapter I. (k) Exhausted Paper means a voting paper on which no further preference is recorded for a continuing candidate and includes a voting paper on which, (a) the names of two or more candidates, whether continuing or not, are marked with the same figure and are next in order of preference, or (b) the name of the candidate next in order of preference whether continuing or not, is marked by a figure not following consecutively after some other figure on the voting paper or by two or more figures; or (c) there is such efacement, obliteration, erasure, or mutilation as to make any preferences other than the first preference ambiguous. (k) First Preference means the figure 1 set opposite the name of a candidate; second preference means the figure 2 set opposite the name of a candidate; and third preference means the figure 3 set opposite the name of a candidate, and so on; (m) Form means a form prescribed under these rules; (n) Original Vote in relation to any candidate, means a vote derive from a voting paper on which a first preference is recorded for such candidate;

(o) Polling Officer means a person appointed as such by the Returning Officer and includes the person appointed by the Returning Officer to assist the Polling Officer; (p) Returning Officer means the person appointed by the Bar Council as such to conduct an election; (q) Surplus means the number by which the value of the votes, original and transferred, of any candidate exceeds the quota; (r) Transferred vote in relation to any candidate means a vote the value or part of the value of which is credited to such candidate and which is derived from a voting paper on which a second or a subsequent preference is recorded for such candidate; (s) Unexhausted Paper means a voting paper on which a further preference is recorded for a continuing candidate; (t) Voter means a person whose name is included in the Electoral Roll. 4. Time and Place of ElectionElection of members to the Bar Council shall be held at such place or places, on such date or dates and during such hour or hours as the Council may appoint. Different dates and different hours may be appointed for polling at different places. 5. Method of Election(i) Election to the Bar Council shall be by the single transferable vote by and amongst the voters in the electoral roll in accordance with these rules. (ii) The voting shall be by personal ballot (except by voters who do not ordinarily practice at the seat of the High Court or the seat of any of the District Courts in the State who may vote by post). Explanation: An advocate shall be deemed ordinarily to practise at the place which is given in his address in the electoral roll. 6. Notice of Election(a) Notice of the time and place of election shall be given by publication over the signature of the Secretary, in one issue of a daily newspaper in the State not less than 45 clear days before the date of election. The notification shall specify inter alia: (i) the date for nominations; (ii) the date for scrutiny; (iii) the date for withdrawal of the candidature; (iv) the date or dates of polling; (v) (the last date on which the voting papers despatched by post should reach the Secretary) (not applicable),

(vi) the date and place and time for counting of votes; and (vii) the minimum number of seats that should be filled from amongst advocates who on the relevant date will have been on the State roll for at least 10 years. Provided that the last date for the filing of the nominations shall not be less than 25 clear days before the date of the election and that there shall be at least 5 clear days after the last date of the scrutiny for withdrawal of the candidature. Copies of the notices shall be affixed on the Notice Board of the Bar Council, and sent to the Additional Solicitor General and to the Bar Associations. (b) Copies of the above notice shall be put up on the Notice Board of the Bar Council and sent to, (i) Bar Associations, (ii) the Addl. Solicitor General, and (iii) may also be sent to the Official Gazette of the State. 7. CandidatesNo person shall be entitled to seek election unless his name is in the electoral roll. 7-A. No advocate shall be entered on the Electoral Roll if an information obtained by the Bar Council, (a) he has at any time been removed or suspended from practice; provided that this disqualification shall operate only for a period of five years from the date of removal or the expiry of the period of suspension; (b) he has been suspended from practice, provided that this disqualification shall operate only for a period of five years from the date of the expiry of the period of suspension; (c) he is an undischarged insolvent; (d) he has been found guilty of an election offence in regard to an election to the State Council by an Election Tribunal, provided, however, that such disqualification shall not operate beyond the election next following after such finding has been made; (e) he is convicted by a competent Court for an offence involving moral turpitude, provided that this disqualification shall cease to have effect after a period of two years has elapsed since his release; (f) he is in full-time service or is in such part-time business or other vocation not permitted in the case of practising advocates by the rules either of the State Council concerned or of the Council; (g) he has intimated voluntary suspension of practice and has not given intimation of resumption of practice. 8. Candidates how to be Proposed(i) Every candidate for election as a member of the Bar Council shall be proposed by one voter, and seconded by another voter. The nomination paper

shall be delivered to the Secretary either personally or through an agent or sent by registered post so as to reach the Secretary on or before the date specified in the notification under Rule 6. (ii) Every nomination paper shall be accompanied by a fee of Rs. 500. 9. Doubts to validity of proposalsThe Secretary shall scrutinise the nomination papers received at the place and time notified under Rule 6, and if in his opinion any nomination paper is invalid he shall report the same to the Additional Solicitor General who shall decide the validity or otherwise of such nomination paper, and his decision shall be final. The candidates or their agents shall be entitled to be present both at the time of the scrutiny before the Secretary as well as before the Additional Solicitor General and make their submissions. No nomination paper shall be rejected except for a defect of a substantial character and the Additional Solicitor General may allow any defect to be rectified. 10. Withdrawal from ElectionAny person whose name has been proposed as a candidate may withdraw his candidature by a communication in writing so as to reach the Secretary not latter than the date specified for the purpose in the notification under Rule 6. 11. Declaration when number of candidates is equal to the number of seatsIf the number of duly nominated candidates who have been on the State rolls for more than 10 years is less than or equal to the number required by the proviso to Section 3(2) (b) of the Act, they shall be declared elected. The number thus elected shall be deemed to be the number required by the said proviso. If the number of such candidates is in excess of the required number but the number of all the nominated candidates does not exceed the total number to be elected, all the candidates shall be declared elected. In every other case there shall be a poll as prescribed by these rules. 12. Publication of list of candidates(a) Not less than 20 clear days before the date fixed for elections, the Secretary shall publish the names of all the candidates validly nominated except the names of those who have withdrawn under Rule 10 as nearly as possible in Form B on the Notice Board of the Bar Council. (b) Copies thereof shall also be sent to the Addl. Solicitor General and to the Bar Associations. 13. Preparation of List of VotersThe Electoral Rolls containing the list of voters shall be prepared in accordance with the rules of the Bar Council of India. 14. Form of Voting PaperThe Voting Paper shall contain the names of all the candidates. The address of the candidate and the date of his enrolment as Advocate as in the roll shall be given against the name of each candidate. An asterisk mark shall be put against the name of candidates who on the relevant date have been on the State Roll for at least 10 years for the purposes of proviso Section 3(2) (b) of the Act. The voting paper shall also bear on it the facsimile of the Secretarys signature. It shall state the total number of the candidates to be elected, the voting paper shall, as nearly as possible, be in the Form C.

15. Despatch of voting papers to persons permitted to sent their voting paper by post(Not applicable). 16. Marking of voting papers received by post and despatch thereof(Not applicable). 17. Voting in personVote required to vote in person under these rules shall cast their votes at the respective polling booth on the dates notified in this behalf. 18. Polling booths for voters voting in personThere may be one or more polling booths at each place, different dates may be fixed for polling at the different booths. Polling shall ordinarily be from 10 A.M. to 5 P.M. The Returning Officer shall appoint a sufficient number of polling officer for the booths, and may himself act as such at one or more of the booths. The Bar Council may give such general directions as it may consider necessary with regard to places where polling booths ought to be established and the persons to be appointed as Polling Officer. 19. Second voting paper not to be issuedWhen a voting paper has once been handed over to a voter or sent by registered post a voter under these rules, a second voting paper shall not be issued to him unless he satisfies the Secretary that the voting paper has been spoilt or mutilated or lost or destroyed or has not been received by him in which case a duplicate voting paper may be issued to him. (By post not applicable) 20. Despatch of voting papers to Polling Officers for voting in personThe Secretary shall send to the Polling Officers of the booths requisite number of voting papers and some additional voting papers bearing his facsimile with a covering letter stating the number of the papers sent and enclosing an extract from the electoral roll relating to the polling booths, and other papers, if any with necessary instructions. 21. Supply of voting papers to voters voting in personThe Polling Officer shall, on the date and at the time or hour fixed in this behalf, supply a voting paper to each voter in his polling booths, who applies in person therefor, and take his signature in the list of voters against the voters name to signify the issue of the voting paper. 22. Procedure for person voting in person(1) A voter who has received a voting paper under Rule 21 shall retire to a place screened from outside view and mark his preference in the manner prescribed. The voter shall then put it in a sealed box kept for the purpose. (2) As soon as practicable after the closing of the poll the Polling Officer shall close the slit of the ballot box and where the box does not contain any mechanical device for closing the slit he shall seal up the slit and also allow any candidate or his agent present to affix his seal. The ballot box shall thereafter be sealed and secured. (3) When it is necessary to use a second ballot box the first box shall be closed, sealed and secured as provided in sub-rule 2 before the second ballot box is put into use, the Polling Officer shall, at the close of the poll prepare an account of ballot papers in Form D and enclose it in a separate cover with the words Voting paper account superscribed thereon.

(4) Sealing of other packetsThe Polling Officer shall then make into separate packets: (a) The marked copy of the electoral roll; (b) The unused ballot papers; (c) The cancelled ballot papers; (d) Any other paper directed by the Secretary to be kept in a sealed packet. Each packet shall be sealed with the seal of the Polling Officer and of the candidate or his agents present who may desire to affix their seal thereof. (5) Transmission of ballot boxesThe Polling Officer shall then deliver to the Secretary at such place as he may direct or send by post or otherwise in any way as directed: (a) The ballot boxes containing the ballot papers, (b) Account of the ballot papers, (c) The sealed packets referred to in sub-rule (4) above, and (d) All other papers used at the poll. 23. Method of Voting(1) A voter is giving his vote: (a) shall place on his voting paper the figure 1 in the space opposite the name of the candidate whom he chooses for his first preference, and (b) may in addition place on his voting paper the figure 2 or the figures 2 and 3 or the figures 2, 3 and 4 and so on, in the space opposite the names of the other candidates in the order of his preference. (2) A voting paper shall not be signed by a voter, and in the event of any erasures, obliterations or alterations in the voting paper or of the voting paper purporting to have been signed by the voter, the voting paper shall be deemed to have been defaced and no votes purporting to have been given thereby shall be taken into account for the purposes of the election. (3) The decision of the Additional Solicitor General whether a voting paper has or has not been defaced shall be final. 24. Voting papers when invalidA voting paper shall be invalid which: (a) the figure 1 is not marked; or (b) the figure, 1 is set opposite the name of more than one candidate or is so placed as to render it doubtful to which candidate it is intended to apply; or

(c) the figure 1 and some other figures are set opposite the name of the same candidate; or (d) there is any mark in writing by which the voter can be identified; (e) the preferences are indicated in words as ONE TWO etc. (f) the marking on the voting paper is not in the international form of Indian numerals. 25. Presence of candidate or his agent during countingAt the time of counting, the candidate or his agent shall be entitled to be present. 26. Arrangement of valid voting papers in parcels (Not applicable) (a) On the day fixed for counting, the packets containing postal voting papers shall be handed over to the Returning Officer. The Returning Officer shall open all the ballot boxes and the packets containing postal voting papers. After rejecting the voting papers which are invalid or which cannot be taken into account for the purpose of election under these rules, the Returning Officer shall; (b) arrange the remaining voting papers in parcels according to the first preference recorded for each candidate; (c) count and record the number of paper in each parcel; (d) credit to each candidate the value of papers in his parcel. 27. Ascertainment of QuotaEvery voting paper shall be deemed to be of the value of one hundred, and quota sufficient to secure the return of a candidate at the election shall be determined as follows: (a) Add the value credited for a candidate under clause (d) of Rule 26; (b) Divide the total by a number which exceeds by one of the number of seats to be filled; and (c) Add one to the quotient, ignoring the remainder if any; the resulting number is the quota. 28. Candidates with Quota to be ElectedIf at the end of any count, or at the end of the transfer of any parcel or sub-parcel of an excluded candidate, the value of voting papers credited to a candidate is equal to or greater than the quota that candidate shall be declared elected. Provided that: (I) No candidate whose name has not been on the State Roll for at least 10 years shall be elected if:

(i) 7 candidates of less than 10 years standing in the case of a State Council where 15 members are to be elected, or (ii) 10 candidates of less than 10 years standing in the case of a State council where 20 members are to be elected, or (iii) 12 candidates of less than 10 years standing in the case of a State Council where 25 members are to be elected, have already been declared elected. (II) If at the end of any count, there are two or more candidates, who have not been on the State Rolls for at least 10 years getting more than the quota as aforesaid but the number of candidates that can yet be elected from such category under the proviso to Section 3(2)(b) is less than that number, the candidate who has obtained the greater value of votes shall be declared elected in preference to the candidate whose value of votes is less. (Ill) In the case of two or more persons of the category referred to in proviso (ii) above, getting the same value of votes at the end of any Court, the Returning Officer conducting the election shall decide by lot which of such persons shall be declared elected. (IV) The other candidate or candidates not declared as aforesaid by reason of the proviso to Section 3(2)(b) of the Act and these rules shall be excluded from the poll. 29. Transfer of surplus(i) If after exclusion of any candidate under Rule 30 at the end of any count, the value of the voting paper credited to a candidate is greater than the quota, the surplus shall transferred in accordance with the provisions of this rule to the continuing candidates indicated on the voting papers of that candidate as being next in order of the voters preference. (ii) If more than one candidate have a surplus, the surplus shall be dealt with first and the others in order of magnitude; Provided that Every surplus arising on the first count shall be dealt with before those arising on the second count and so on. (iii) Where there are more surpluses than one to be distributed and two or more surpluses are equal, regard shall be had to the original votes of each candidate, and the candidate for whom more original votes are recorded shall have his surplus first distribute and if the value of the original votes is equal, the Returning Officer shall decide by lot which candidate shall have his surplus first distributed. (iv) (a) If the surplus of any candidate to be transferred arises on the original votes only, the Returning Officer shall examine all the papers in the poll belonging to that candidate, divide the unexhausted papers into sub-parcels according to the next preference recorded thereon and make a separate sub-parcel of the exhausted papers.

(b) The Returning Officer shall ascertain the value of the papers in each sub-parcel and of all the unexhausted papers. (c) If the value of the enuxhausted papers is equal to or less than the surplus, the Returning Officer shall transfer all the unexhausted papers at the value at which they were received by the candidates whose surplus is being transferred. (d) If the value of the unexhausted papers is greater than the surplus, the Returning Officer shall transfer the sub-parcels of the unexhausted papers, and the value at which each paper shall be transferred, shall be ascertained by dividing the surplus by the total number of unexhausted papers. (v) If the surplus of any candidate is to be transferred arises from transferable as well as original voter, the Returning Officer shall re-examine all the papers in the sub-parcel last transferred to the candidate, divide the unexhausted papers into sub-parcels, according to the next preferences recorded thereon, and then deal with the sub-parcel in the same manner as it provided in the case of such parcel referred to in sub-rule 4. (vi) The papers transferred to each candidate shall be added in the form of a sub-parcel to the papers already belonging to such candidates. (vii) All papers in the parcel or sub-parcel of an elected candidate not transferred under this rule shall be set apart as finally dealt with. 30. Exclusion of candidatesThe Returning Officer conducting the elections shall exclude from the poll candidates as provided in rules. 31.(A) Filling of last vacancies(i) In case of the verdict of the Tribunal being that a candidate was not validly elected, the vacancy thus caused shall be filled in by the candidate who secured the maximum First Preference Votes amongst the unsuccessful candidates. (ii) Any vacancy caused in the Council because of the resignation, death or retirement, in any manner, of a member before his term of office has come to an end, shall be treated as casual vacancy and shall be filled in by co-option. (iii) A member co-opted to fill a casual vacancy shall serve for the remainder of his predecessors term of office. (B) Any member of the Bar Council who fails to attend three consecutive meetings or any of its Committees, without previous leave of absence obtained in writing from the Chairman, shall be deemed to have vacated and to have caused a casual vacancy. 32. Fractions etc. to be DisregardedIn carrying out of the provisions of Rules 28 to 31, the Returning Officer shall disregard all fractions and ignore all preference, recorded for candidates already elected or excluded from the poll.

33. Determination of result and publication thereof(1) Upon completion of the count, a list of the candidates elected to the Bar Council shall be prepared and signed by the Returning Officer and submitted by him to the Additional Solicitor General or the Chairman of the Bar Council who shall verify the same by his signature. (2) After such certificate, a copy of the list shall be published in the Official Gazette and shall also be sent to the Additional Solicitor General and to the Bar Association to be affixed as they may direct, and may also be sent to other similar associations. A copy of the same shall also be put up on the Notice Board of the Bar Council. (3) On the publication of the list in the Official Gazette the persons whose names appear in the list shall be deemed to have been declared as elected. The members of the Bar Council shall be deemed to have been elected on the date of publications of their names in the Official Gazette. 34. Disputes as to the validity of elections(1) Any voter may contest the validity of the election of a candidate declared to have been elected to the Bar Council by a petition signed by him and supported by an affidavit and delivered to the Secretary personally or sent by registered post so as to reach him within 15 days from the date of publications of the results of the election. (2) The petition shall be accompanied by a fee of Rs. 250/- which shall be paid in cash or sent by Money Order. In case it is sent by M.O. The M.O. receipt shall also be attached to the petition. The fee shall not refundable. (3) Such petition shall include as respondents all the contesting candidates, and the petition shall be accompanied by as many copies as there are respondents. (4) All disputes arising under the above sub-rule shall be decided by a tribunal to be known as an Election Tribunal comprising 3 advocates whose names are on the State Roll and who are not less than of 10 years standing. (5) The Election Tribunal shall be appointed by the Bar Council on or before the date on which time of the election is fixed under Rule 4. (6) The Election Tribunal shall have all or any of the following powers: (i) To dismiss a petition; (ii) To order recount; (iii) To declare any candidate to have been duly elected on a recount; (iv) To set aside the election of the candidate who either by himself or through any other person acting with his consent is guilty of corrupt practices. The following shall be deemed to be corrupt practices for the purposes of this Act:

(1) Bribery that is to say (A) Any gift, offer or promise of any gratification to any person whosoever with the object directly or indirectly of inducing (a) a person to stand or not to stand as or to withdraw or not to withdraw from being a candidate at an election, or (b) an elector to vote or refrain from voting at an election, or as a reward to, (i) a person for having so stood or not stood or for having withdrawn his candidature; or (ii) an elector for having voted or refrained from voting; (B) The receipt of, or agreement to receive, any gratification whether as a motive or a reward (a) by a person for standing or not standing as, or for withdrawing or not withdrawing from being a candidate; or (b) by any person whomsoever for himself or any other person for voting or refraining from voting or including or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature. For the purpose of this clause the terms Gratification is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward. (2) Undue influence, that is to say any direct or indirect interference or attempt to interfere with the free exercise of any electoral right including the issuing or sending if any appeal or manifesto for votes whether direct or indirect. Provided that a mere intimation of a candidature with a bare request for a vote shall not amount to undue influence. And provided further that a candidate or his agent may also orally ask for votes from voters; but on the date of election such requests shall not be made within a radius of 200 yards from the Polling Station. And a candidate may issue a written intimation to his voters announcing his candidature and seeking their votes or their first preference votes, which intimation shall not contain any other publicity or his eulogy. Such written intimation shall also not amount to undue influence. Attempt to secure from any voter his ballot paper with intent to prevent him from transmitting it directly or with intent to ensure that the vote has been cast or is to be cast for a particular

candidate shall be deemed to interfere with the free exercise of the electoral right of the said voter. (3) The hiring or procuring, whether on payment or otherwise of any vehicle or vessel or the use of such vehicle or vessel for the free conveyance of any elector to or from any Polling Station. ExplanationThe vacancy arising under sub-rule (6)(iv) shall be filled up as a casual vacancy. (v) In other cases to declare a vacancy to be filled up as a casual vacancy. (vi) To make an order as to costs. (7) The trial of an election petition shall as far as possible be governed by the Civil Procedure Code. (8) No petition shall lie on the ground that any nomination paper was wrongly rejected or the name of any voter was wrongly included in or omitted from the electoral roll or any error or irregularity which is not of a substantial character. (9) The voting papers and other records relating to the elections shall not be destroyed until the expiry of the time fixed or filing of any petition under Clause 1 of this rule. (10) In case where a petition or petitions have been filed under sub-rule (1) no such voting papers or records shall be destroyed till all the election petitions are finally disposed off. 35. Conduct of electionsExcept as otherwise provided in these rules the Secretary shall be incharge of the conduct of the election. ExplanationFor the purposes of these rules, the Secretary shall mean a person appointed as Secretary under Section 7 of the Act, or any other person appointed by the Bar Council to perform the duties of the Secretary under these rules.
THE BAR COUNCIL OF DELHI FORM A (Under Rule 8) Nomination Paper, for election to the Bar Council of DELHI

To The Secretary, Bar Council of DELHI Sir, We nominate . . . . . . . . . . . . . . . . . . . . . . . . an advocate on the roll of the Bar Council of DELHI enrolled on . . . . . . . . . . . . practicing at . . . . . . . . . as a candidate for election to the Bar Council of DELHI to be held on . . . . . . . . . .

(1) Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Number in the Electoral Roll . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . Signature and (2) Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Number in the Electoral Roll . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . Signature I am willing to serve on the Bar Council, if elected. Name and Address of Signature of the Candidate the Candidate : Number in the Electoral Roll . . . . . . . . . . . . . . . Date . . . . . . . . . . . . Enrolled on . . . . . . . . . . . . . . . .
Chapter III ELECTION OF THE CHAIRMAN AND VICE-CHAIRMAN

36. Immediately after the election is notified in the Official Gazette the Election Committee shall convene a meeting of the Council for the purpose of electing a Chairman and a Vice-Chairman from amongst its members. Nominations for a candidate for election to the office of Chairman or Vice-Chairman shall be made in writing by two members and consented to by the candidate and sent to the Secretary as to reach him not less than seven days before the date of such election. 36-A. The Chairman, Vice-Chairman and a member of any of the Committee of the Bar Council can be removed from office or membership of the Committee, in pursuance of a resolution of no-confidence passed against him by two-third of the members taking part in the voting; subject to the condition that at least 8 members must support the no-confidence motion. Provided that a resolution of no-confidence shall be moved and passed by the Bar Council only in an extra-ordinary meeting requisitioned for the purpose by not less than 9 members. 36-B. In case a candidate nominated for election to the office of Chairman or Vice-Chairman wishes to withdraw his candidature, a letter duly signed in that behalf must reach the office of the Council not less than four days from the date of such election.

36-C. The Election Committee shall publish a list of candidates three days prior to the date of such election continuing the names of candidates who have been validly nominated. 36-D. If there be only one candidate each for the office of Chairman and Vice-Chairman, such a candidate shall be declared to have been duly elected. 37. The election shall be by secret ballot. The ballot papers in the prescribed form for the election shall be handed over to each member at the time of election who will then vote by putting a mark against the name of the candidate of his choice in the ballot paper. The candidate polling the largest number shall be declared to have been elected. In case of tie, it shall be decided by lot and the successful candidate shall be declared to have been duly elected. 37-A. Term of the office of Chairman and the Vice-ChairmanThe Chairman and the ViceChairman shall hold the office for two years from the date of election. Provided however the outgoing Chairman or the Vice-Chairman as the case may be, shall continue to function until the election of his successor takes place. 38. The validity of election of the Chairman and Vice-Chairman may be questioned by a member by a letter addressed to the Tribunal setting out grounds therefor so as to reach it not latter than five days of such election. In case the election of the Chairman or the Vice-Chairman is declared invalid, the Election Committee shall hold fresh election in the manner prescribed hereinbefore.
Chapter IV POWERS AND DUTIES OF CHAIRMAN AND VICE-CHAIRMAN

39. The Chairman shall preside over the meeting of the Council. 40. The Chairman shall have the power to sanction expenditure in case of emergency up to Rs. 500. 41. The Chairman and Vice-Chairman shall have the right to attend meetings of any of the committees of the Council and when so attending such a meeting, they shall be considered as exofficio members of that committee. The Chairman shall have the power to convene a meeting of any of the committees of the Council and place for the consideration of such a committee an agenda that he may deem expedient to be considered. 42. Whenever immediate action is necessary to safeguard the rights, privileges and interests of the advocates, the Chairman shall take immediate action in the matter. 43. The Vice-Chairman shall perform all the duties of the Chairman in his absence and shall have the same powers as those of the Chairman when acting in that behalf.
Chapter V COMMITTEES

44. The Council shall constitute the following committees to transact its business:

(i) Executive Committee; (ii) Disciplinary Committee or Committees; (iii) Enrolment Committee; (iv) Election Committee; (v) Education and Examination Committee; (vi) Rules Committee; (vii) Tribunal for deciding Election Disputes; and (viii) Any other ad hoc committee that may be constituted from time to time for any particular purpose not assigned to any other committee hereinbefore. 45. The committees referred to in Rule 44 shall be constituted as soon as possible. 46. The elections to the committees shall be held by ballot in the manner provided for the election of Chairman, and every member of the Council shall have as many votes as there are members to be elected to each committee and no member shall cast more than one vote in favour of one candidate for a committee. 47. In case of tie between two or more candidates for election to a committee, lots shall be drawn and the result declared accordingly. 47-A. The term of the Committees constituted shall be for a period of two years from the date of election. 48. A committee, other than an ad hoc committee, shall continue to be in existence until a new committee has been constituted in its place. 49. Each committee shall elect a Chairman from amongst its members who will preside over its meetings and direct the transaction of its business, except when the Chairman or the ViceChairman is a member or attends the meeting as an ex-officio member, the Chairman or the Vice-Chairman, as the case may be, shall preside over the meeting or meetings of the Committee. 50. Upon a member ceasing to be a member of a Committee by death, resignation, retirement or for any reason, the vacancy thus caused shall be filled in by the Council in the manner provided hereinbefore. The term of office of a member elected to fill a casual vacancy thus caused shall not extend to a period beyond the term of office of his predecessor.

Chapter VI

51. The Council shall meet at least once every two months. 52. At least seven days notice in writing, along with the agenda proposed to be considered at a meeting of the Council, shall be given to the members for holding an ordinary meeting. 53. The agenda for an ordinary meeting of the Council shall be settled by the Secretary in consultation with the Chairman. 54. An extraordinary meeting of the Council shall be convened if a requisition in writing by not less than seven members of the Council is lodged with the Secretary. The Secretary shall circulate the requisition among the members along with the agenda proposed in the requisition and shall call the meeting on three days notice. 55. Seven members shall constitute the quorum for the meeting of the Council. 56. The Council shall decide all matters by show of hands. Each member shall have one vote and in the event the votes cast are equal, the Chairman shall have a casting vote.
Part L]

[Part L RULES FRAMED BY THE HIGH COURT OF DELHI UNDER SECTION 16(2) OF THE ADVOCATES ACT, 1961 FOR DESIGNATING AN ADVOCATE AS SENIOR ADVOCATE
5

1. An advocate may be considered for being designated as a Senior Advocate either (i) suo motu; or (ii) on an application by the advocate desirous of being designated as Senior Advocate. 2. QualificationNo person shall be considered for being designated as a Senior Advocate unless he (i) is a member of the Bar Council of Delhi; (ii) has minimum standing of 10 years as a practicing advocate, and (iii) is mainly practicing in the High Court of Delhi. 3. Procedure to be followed with regard to suo motu designation of an advocate as senior advocate : An advocate who fulfils the conditions detailed hereinbefore, may be considered suo motu by the Court for being designated as a Senior Advocate either on the proposal of a Judge or of the Chief Justice. Upon such proposal, the Chief Justice shall informally confer with the Judges. In case the Chief Justice after conferring with the Judges approves the proposal and the advocate concerned gives his consent, the Full Court will formally pass a resolution designating him as Senior Advocate. 4. Procedure to be followed with regard to the designation of an advocate as senior advocate on an Application : (a) An application shall be accepted if not less than 2/3rd of the Judges voting in the full Court meeting are in favour of accepting the application provided not less than 2/3rd of the sitting Judges vote at such a meeting. While calculating 2/3rd of the Judges fraction shall be ignored and only whole number shall be taken into consideration.

(b) In case the request of the Advocate is not approved, the advocate shall be only informed to renew his request, if he so desires, on expiry of one year. NoteSitting Judges will mean all the Judges holding office at particular time. 5. Requirement of ApplicationApplication for being designated as Senior Advocate shall state whether any such application was earlier made to any Court and if so the result thereof and shall also contain: (i) The Enrolment Number with the Bar Council of Delhi; (ii) (a) A declaration that the applicant has a minimum standing of 10 years as a practising advocate; and that; (b) he is mainly practising in the High Court of Delhi. ExplanationThe eligibility condition with regard to minimum standing as a practising advocate shall not apply to retired Judges of High Courts and retired Judicial Officers.] 1. Substituted vide Notification No. 45/Rules/DHC dated 1-4-2002. 2. Substituted vide Notification No. 45/Rules/DHC dated 1-4-2002. 3. Substituted for Rs. 75/- vide Notification No. 45/Rules/DHC dated 1-4-2002. 4. Substituted for Rs. 15/- vide Notification No. 45/Rules/DHC dated 1-4-2002. 5. Substituted vide Notification No. 116/Rules/DHC dated 1-11-1999 (w.e.f. 1-11-1999).

CHAPTER 7
Ch. 7

Rules Under Special Acts

Part A]

Part A RULES MADE BY THE PUNJAB HIGH COURT UNDER SECTION 99-F OF THE CODE OF CRIMINAL PROCEDURE TO REGULATE THE PROCEDURE IN THE CASE OF APPLICATIONS TO SET ASIDE ORDERS OF FORFEITURE PASSED BY THE STATE GOVERNMENT UNDER SECTION 99-A [95(1) OF NEW CODE] OF THE CODE
1

1. Application to be signed and verifiedEvery application to the High Court under Section 99-B [96 of New Code] of the Code of Criminal Procedure, 1898, to set aside an order of forfeiture under Section 99-A [95(1) of New Code] of the Code shall be signed by the applicant and supported by an affidavit. 2. How application is to be writtenThe application shall be in English on one side of watermarked plain paper divided into paragraphs, numbered consecutively. 3. TitleThe application shall be headed : In the High Court of Delhi at New Delhi and shall be instituted In the matter of(name or description of book, document or newspaper as the case may be) and shall describe the parties. 4. Contents of application and exhibits to be annexedThe application shall state what the interest of the applicant is in the property in respect of which the order of forfeiture has been made. All documents or copies thereof in proof of such interest together with a copy of the notification issued under Section 99-A [95(1) of New Code] of the Code of Criminal Procedure, 1898, shall be annexed as exhibits to the application. 5. Grounds to be statedThe application shall state the ground or grounds on which it is sought to set aside the order of forfeiture. 6. Deposit in connection with preparation of recordThe applicant shall, with his application attach a receipt for a sum of Rs. 100/- which shall be deposited with the Treasurer of the High Court to cover the cost of preparation of the record. 7. Translation of documents(a) No document in a language other than English shall be used for the purpose of any proceedings before the Court, unless it is accompanied by a translation in English;

(i) agreed to by both the parties; or (ii) certified to be true translation by the counsel engaged or attending at the hearing; or (iii) prepared by a translator appointed or approved by the Court. (b) Every document required to be translated shall be translated by a translator appointed or approved by the Court. 8. Presentation of applicationThe application with exhibits annexed thereto and their translations, if any, with 5 copies thereof shall be presented at the Filing Counter. 9. Notice to produce the document on which forfeiture was orderedThe Registrar shall forthwith give notice of the filing of the application to the Chief Secretary, Delhi Administration, and require him to furnish to the Court, as soon as possible, a copy of the particular newspaper, book or other document containing the words, signs or visible representation on which the declaration of forfeiture was based. 10. Evidence by affidavitsEvidence in support of or against the application shall be in the form of affidavits. The Delhi Administration shall, within fifteen days of the receipt of the notice mentioned in Rule 9, file affidavits on which it relies and supply copies thereof to the other side. The applicant shall, within fifteen days of the receipt of the copies of the affidavits, file his affidavits, and likewise supply the standing Counsel with copies. 11. Furnishing of documents and affidavitsEach party shall furnish the required number of copies of its affidavits and documents. 12. Date of hearing to be notified to GovernmentNotice in writing of the day appointed for the hearing and determination of the application shall be given by the Registrar to the Chief Secretary, Delhi Administration. 13. Taxation of costsThe taxation rules on the original side of the High Court for suits shall apply mutatis mutandis to taxation of costs of such application and proceedings. 14. Execution of orders passedAny order passed in these proceedings shall be executed in the same manner as a decree or order of this Court on the original side. 15. Courts power to enlarge or abridge timeThe Special Bench composed of three Judges to be nominated by the Chief Justice may enlarge or abridge the time appointed by these Rules or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms if any, as the justice of the case may require and any enlargement may be ordered, although the application therefor is not made until after the expiration of the time appointed or allowed. 16. MiscellaneousIn matters not provided for by these rules, the Court may in its discretion apply the provisions of Civil Procedure Code.

17. Courts power to dispence with compliance with the RulesThe Court may, for sufficient cause shown, excuse the parties from compliance with any of the requirements of these Rules and may give such directions in matters of practice and procedure as it may consider just and expedient.
Part B]

Part B RULES REGARDING APPLICATIONS UNDER SECTION 66 OF THE INDIAN INCOME TAX ACT, 1922

Rules made by the High Court under clause 27 of the Letters Patent to regulate proceedings of applications and references under Sections 66(2) and 66(3) of the Indian Income-tax Act, 1922, as amended by the Indian Income-tax (Amendment) Act, VII of 1939 and XL of 1940. 1. Every application under Section 66(2) of the Indian Income-tax Act as subsequently amended, hereinafter referred to as The Act for an order by the High Court requiring the Income-tax Appellate Tribunal to state and refer the case to the High Court shall contain a brief statement of facts and the point or points of law on which a reference is desired. Such application shall be supported by an affidavit by the assessees, or some other person acquainted with the facts and shall be accompanied by a copy of the said application and such documents and copies of such of the orders of the Income-tax Officer and the Income-tax Appellate Tribunal as may be necessary for understanding the point or points of law on which reference is desired. The application shall also be accompanied by a certificate from the Income-tax Appellate Tribunal to the effect that the assessee has not withdrawn his application for reference under Section 66(1) ibid before the said Tribunal. 2. Every application under Section 66(3) of the Act made to the High Court for an order requiring the Income-tax Appellate Tribunal to treat the application made before the latter under Section 66( 1) as made within time shall be accompanied by a copy of the application made to the Tribunal together with a copy of the relevant order of the Tribunal and such other documents as may show that the application made to the Tribunal was within time or should be treated as such. 3. Every application under Section 66(2) or Section 66(3) of the Act shall be entitled Income-tax Act, 1922, Case No . . . . .. . . . . . . . . . . . . . . . . .of . . . . . . . . . . . . . . . . . . .19 . . . . . . .. Name of the assessee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applicant. The Commissioner of the Income-tax

Versus

The Commissioner of Income-tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,Respondent. Name of the assessee 4. If the Court hearing the application does not reject it in limine, a notice shall be issued to the assessee or the Income-tax Commissioner, as the case may be, to show cause against the application. 5. Counsel presenting an application under Section 66(2) or Section 66(3) of the Act shall be bound to accept service on behalf of his client of any notices issued by the High Court until the case has been finally disposed of or a change of counsel has been notified to the Court. 6. In the event of the Court requiring the Income-tax Appellate Tribunal to the state and to refer a case, notice of the order containing the question or questions of law on which the case is to be stated and to be referred shall be sent the Income-tax Appellate Tribunal. 7. All cases stated by the Appellate Tribunal shall as far as possible be divided into paragraphs numbered consecutively and shall concisely state such facts and documents, with copies of the latter annexed, as may be necessary to enable the Court to decide the question raised thereby. 8. The party at whose instance a reference has been made shall have the statement of the case, printed and shall file two copies of such prints in the High Court office within two months from the date of the filing of the reference in the High Court. 9. The Court hearing applications under Section 66(2) or 66(3) of the Act or deciding cases stated and referred to under the Act shall be a Bench of two Judges unless the Chief Justice orders that any application or reference shall be heard by a Bench of more than two Judges. 10. At the hearing of such applications and cases the Court and the parties shall be at liberty to refer to the whole of the contents of the documents annexed thereto. 11. The Rules contained in this Chapter shall, as far as may be and with necessary modifications and adaptations, also apply to proceedings of a similar nature under any other Act including those under : (i) Section 22 of the Punjab General Sales Tax Act, 1948; (ii) Section 57 or 60 of the Indian Stamp Act, 1899; (iii) Section 27 of the Workmens Compensation Act, 1923;

(iv) Section 21 of the Excess Profit Tax Act, 1940 read with Section 66 of the Indian Income Tax Act; (v) Section 19 of the Business Profits Tax Act, 1947, read with Section 66 of the Indian Incometax Act.
Part C(a)]

Part C (a) RULES UNDER SECTION 1(4), INDIAN AND COLONIAL DIVORCE JURISDICTION ACT, 1926

Made by the Secretary of State in Council for India, with the Concurrence of the Lord Chancellor under the Indian and Colonial Divorce Jurisdiction Act, 1926 (16 and 17 Geo. 5) (as amended by the Indian (Non-Domiciled Parties) Divorce (Amendment Rules, 1940), as published in Government of India, Home Department, Notification No. 106/36, dated the 14th January, 1941.
Short Title and Commencement

1. Title and date of enforcement(1) These rules may be called the Indian (Non-Domiciled Parties) Divorce Rules, 1927. (2) They shall come into force on the 27th day of July, 1927.
Appointment of Judges

2. (1) Chief Justice to submit to Lord Chancellor names of Judges proposed for exercising jurisdictionAs soon as may be after the coming into force of these Rules the Chief Justice of each of the High Courts referred to in sub-section (1) of Section 1 of the Indian and Colonial Divorce Jurisdiction Act, 1926 (hereinafter called the Act) shall submit to the Lord Chancellor through the Secretary of State for India the names of such number of Judges of the Court (including, if he thinks fit, the name of the Chief Justice himself) not exceeding six, as he may consider necessary for the purpose of exercising jurisdiction under the Act and these Rules. (2) Names of Judges approved to be published in GazetteUpon the approval of the Lord Chancellor to any nomination so submitted being signified to the Chief Justice by the Secretary of State for India, the Chief Justice shall cause the names so approved to be notified in the official Gazette of State as Judges appointed to exercise jurisdiction under the Act, and the Judges whose names shall have been notified shall thereupon have power to exercise Jurisdiction accordingly. (3) Submission of further namesAt any time after the first nominations under these Rules have been approved, the Chief Justice may propose the names of a further Judge to take the place of, or to exercise Jurisdiction in addition to, the Judge or Judges for the time being having powers under the Act; and when such further nominations are approved they shall be notified as aforesaid. 3. Petition to be heard by a single Judge without jury. Appeal to be heard by a Bench Every petition under the Act shall be heard by a single Judge nomination and approved as

hereinbefore provided, sitting with a jury, and subject to the provisions of the Indian Limitation Act, an appeal shall lie to a Bench of two other Judges who have been similarly nominated and approved against any decree or order which would be appealable if it had been passed in proceedings under the Indian Divorce Act, 1869, and shall be disposed of accordingly. Each such bench shall be constituted by the Chief Justice as occasion may arise. 4. Appeal to his Majesty in CouncilNothing in these Rules shall be deemed to prevent the exercise of any ultimate right to appeal to His Majesty in Council.
Petition

5. Mode of proceedingsAll proceedings under the Act shall be commenced by filing a petition to which shall be attached a certified copy of the certificate of the marriage. 6. Contents of petition and form of relief(1) In the body of a petition praying for the Dissolution of a marriage shall be stated: (i) the place and date of the marriage and the name, status and domicile of the wife before the marriage; (ii) 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 or residence of the parties at the time of institution of the suit; (iii) the principal permanent addresses where the parties have cohabited, including the address where they last resided together in India; (iv) whether there is living issue of the marriage, and, if so, the names and the dates of birth of ages of such issue; (v) whether there have been in the Divorce Division of the High Court of Justice in England or in the Court of Session in Scotland or in any Court in 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; (vi) the matrimonial offences alleged or other grounds on which a decree of a dissolution is sought set out in separate paragraphs with the times and places and all other relevant particulars; (vi) (a) if at the date of institution of a cause of a wife the husband has deserted the wife, and there is reason to believe that he has changed his domicile since the date of the desertion, the domicile of the husband immediately before the desertion, the date when and the circumstances in which the alleged desertion began; (vi) (b) in the case of a petition for presumption of death and dissolution of the marriage, the last place of co-habitation of the parties, the circumstances in which the parties ceased to cohabit, and the date when and the place where the respondent was last seen or heard of;

(vii) the claim for damages, if any; (viii) the ground on which the petitioner claims that in the interest of justice it is desirable that the suit should be determined in India. (2) The petition shall conclude with a prayer setting out particulars of 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.
Verification of petition

7. Mode of contents of verificationThe statements contained in every petition under these Rules shall be verified by the petitioner or some other competent person in manner required by the Code of Civil Procedure for the time being in force for the verification of plaints, and in case where the petitioner is seeking a decree of dissolution of marriage, the verification shall include a declaration authenticated in like manner that no collusion or connivance exists between the petitioner and the other party to the marriage, and that neither the petitioner nor, within the knowledge of the petitioner the other party to the marriage, has instituted proceedings which are still pending for the dissolution of the marriage in England or Scotland.
Co-respondents and Interveners

8. Alleged adulterers of wife to be made co-respondentsIn every petition presented by a husband for the dissolution of his marriage on the grounds of adultery the petitioner shall make the alleged adulterers co-respondents in the suits, unless the Court shall otherwise direct. 9. Where husband charged with adultery with some person, copy of charge with notice to intervene to be sent to that personWhere a husband is charged with adultery with a named person a certified copy of the pleading containing such charge, shall unless the Court for good cause shown otherwise directs, be served upon the person with whom adultery is alleged to have been committed, accompanied by a notice that such person is entitled within the time therein specified, to apply for leave to intervene in the cause.
Service of petitions and notices

10. Manner of service of petition and noticesEvery petition or notice referred to in these Rules shall be served on the party to be affected thereby either within or without India. Provided that unless the Court for good cause shown otherwise directs, service of all such petitions and notices shall be affected by delivery of the same to the party to be affected thereby, and the Court shall record that it is satisfied that service has been so effected.
Answer and subsequent pleadings

11. Filing answersA respondent or co-respondent, or a woman to whom leave to intervene has been granted under Rule 9 may file in the Court an answer to the petition.

12. (1) Verification of answersAny answer which contains matters 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, as the case may be, in the manner required by these Rules for the verification of petitions, and when the respondent is husband or wife of the petitioner the answer shall contain a declaration that there is not any collusion or connivance between the parties. (2) Action to be taken when the answer of a husband alleges adultery and prays reliefWhere the answer of a husband alleges adultery and prays relief, a certified copy thereof shall be served upon the alleged adulterer, together with a notice to appear in like manner as on a petition. When in such case no 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 under Rule 9 that he is entitled within the time therein specified to apply for leave to intervene in the suit, and upon such application he may be allowed to intervene, subject to such direction as shall then be given by the Court. 13. Action to be taken when proceedings for dissolution of marriage are pending in United Kingdom(1) If it appears to the Court that proceedings for the dissolution of the marriage have been instituted in England or Scotland before the date on which the petition was filed in India, the Court shall either dismiss the petition or stay further proceedings thereon until the proceedings in England or Scotland have terminated, or until the Court shall otherwise direct. (2) If it appears that such proceedings were instituted after the filing of the petition in India, the Court may proceed, subject to the provisions of the Act, with the trial of the suit.
Showing Cause against a Decree Nisi

14. Proctor to be appointed and notified in the GazetteThe State Government of the State in which the principal seat of the Court is situate shall appoint an officer to exercise, within the jurisdiction for the purpose of the Act of the several High Courts referred to in Section 1 thereof, the duties assigned to His Majestys Proctor by Sections 181 and 182 of the Supreme Court of Judicature Consideration Act, 1925, and the Officer so appointed shall be notified in the official gazette of the State. Every Proctor so appointed shall, in the exercise of his functions, act under the instructions of the Advocate-General for the State. 15. Proctor may intervene on receipt of material information(1) If any person during the progress of the proceedings or before the decree nisi is made absolute gives information to the Proctor of any matter material to the due decision of the case, the Proctor may take such steps as he considers necessary or expedient. (2) If in consequence of any such information or otherwise the Proctor suspects that any parties to the petition are or have been in collusion for the purpose of obtaining a decree contrary to the justice of the case, he may after obtaining the leave of the Court intervene and produce evidence to prove the alleged collusion. 16. Procedure when proctor desires to show cause against a decree nisi being made absolute Proctor to be made a party(1) When the Proctor desires to show cause against making absolute a decree nisi he shall enter an appearance in the suit in which such decree nisi

has been pronounced and shall within a time to be fixed by the Court file his plea setting forth the grounds upon which he desires to show cause as aforesaid and a certified copy of his plea shall be served upon the petitioner or person in whose favour such decree has been pronounced or his advocate. On entering an appearance the Proctor shall be made a party to the proceedings, and shall be entitled to appear in person or by advocate. (2) Where such plea alleges a petitioners adultery with any named person a certified copy of the plea shall be served upon each such person omitting such part thereof as contains any allegations in which the person so served is not named. (3) All subsequent pleading and proceedings in respect of such plea shall be filed and carried on in the same manner as is hereinbefore directed in respect of an original petition, except as hereinafter provided. (4) Proctor may apply for rescission of the decree nisi if his pleas are not controvertedIf the charges contained in the Plea of the Proctor are not denied or if no answer to the plea of the Proctor is filed within the time limit or if an answer is filed and withdrawn or not proceeded with the Proctor may apply forthwith for the rescission of the decree nisi and dismissal of the petition. 17. Costs of proceedings when proctor interveneWhere the Proctor intervenes or shows cause against a decree nisi in any proceedings for divorce, the Court may make such order as to the payment by other parties to the proceedings of the costs incurred by him in so doing, or as to the payment by him of any costs incurred by any of the said parties by reason of his so doing, as may seem just. 18. Procedure when any person other than the Proctor desires to show cause against a decree nisi being made absoluteAny person other than the Proctor wishing to show cause against making absolute a decree nisi shall, if the Court so permits enter an appearance in the suit in which such decree nisi has been pronounced and at the same time file affidavits setting forth the facts upon which he relies. Certified copies of the affidavits shall be served upon the party or the advocate of the party in whose favour the decree nisi has been pronounced. 19. Affidavits and counter affidavits in the above caseThe party in the suit in whose favour the decree nisi has been pronounced may within a time to be fixed by the Court file affidavits in answers, and the person showing cause against the decree nisi being made absolute may within a further time to be so fixed file affidavits on reply. 20. Every decree for the dissolution of a marriage under the Act shall in the first instance be a decree nisi not to be made absolute until after the expiration of six months from the pronouncing thereof unless the Court by general or special order from time to time fixes a shorter time: Provided that no decree nisi against which an appeal has been filed, including an appeal to His Majesty in Council shall be made absolute until after the decision of the appeal. 21. Affidavit to accompany petition to make a decree nisi absolute(1) Application to make absolute a decree nisi shall be made to the Court by filing a petition setting forth that application

is made for such decree absolute, which will thereupon be pronounced in open Court at a time appointed for that purpose. In support of such application it must be shown by affidavit filed with the said petition that no proceedings for the dissolution of the marriage have been instituted and are pending in England or Scotland, and that search has been made in the proper books at the Court up to within six days of the time appointed, and that at such time no person had intervened or obtained leave to intervene in the suit, and that no appearance has been entered nor any affidavits filed on behalf of any person wishing to show cause against the decree nisi being made absolute; and in case leave to intervene had been obtained, or appearance entered or affidavits filed on behalf of such person, it must be shown by affidavits what proceedings, if any, have been taken thereon. (2) If more than twelve calendar months have elapsed since the date of the decree nisi an affidavit by the petitioner, giving reasons for the delay, shall be filed.
Alimony, Maintenance and Custody of Children

22. Mode of conducting proceedingsProceedings relating to alimony, maintenance, custody of children, and to the payment, application or settlement of damages assessed by the Court shall be conducted in accordance with the provisions of the Indian Divorce Act, 1869, and of the rules made thereunder: Provided that in any case where a petition for the dissolution of her marriage is presented by the wife on the grounds of her husbands insanity the relevant provisions of the said Act and Rules shall apply as if for the references to the husbands there were substituted reference to the wife and for the reference to the wife there were substituted reference to the husband, and in any such case and in any case where a petition for the dissolution of his marriage is presented by the husband on the ground of his wifes insanity the Court may order the payments of alimony or maintenance under the said Act to be made to such persons having charge of the respondent as the Court may direct:
Powers delegated to Registrar under the Act

Provided further that when a decree is made for the dissolution of a marriage the parties to which are domiciles in Scotland, the Court shall not make an order for the securing of a gross or annual sum of money; Provided further that no Court in India shall entertain an application for the modification or discharge of an order for alimony, maintenance or the custody of children, unless the person on whose petition the decree for the dissolution of the marriage was pronounced is at the time the application is made resident in India.
Procedure Generally

23. General ProcedureSubject to the provisions of these Rules all proceedings under the Act between party and party shall be regulated by the Indian Divorce Act and the rules made thereunder.

24. FormsThe forms set forth in the Schedule to the Indian Divorce Act, with such variation as the circumstances of each case and these Rules may require, may be used for the respective purposes mentioned in the Schedule.
Part C(b)]

Part C (b) POWERS DELEGATED TO THE REGISTRAR UNDER THE INDIAN AND COLONIAL DIVORCE JURISDICTION ACT, 1956 Powers delegated to the Registrar under the Act

In accordance with the powers vested in them by Article 35 of the Letters Patent, the Honourable the Chief Justice and Judges of the High Court of Punjab at Chandigarh are pleased to delegate to the Registrar the following powers in cases under the Indian and Colonial Divorce Jurisdiction Act, 1926: (1) Power to tax, bill of costs between party and party, subject to an appeal to one of the Judges appointed to exercise jurisdiction under the Act. (2) On order by a Judge, power to frame issues before trial. (High Court Notification No. 614/8870-G., dated the 26th December, 1928).
Part D(a, b)]

Part D (a) RULES MADE BY THE HIGH COURT UNDER THE COMPANIES ACT, CONCERNING THE MODE OF PROCEEDINGS TO BE HAD FOR WINDING-UP A COMPANY IN THE HIGH COURT (See Chapter 1-A of Volume II, High Court Rules and Orders)

[Note: Rule making power has been transferred to Supreme Court by Section 643 of Companies Act 1956. Company (Court) Rules 1959 have been framed by Supreme Court which are followed by High Courts.]
Part D (b) RULE MADE BY THE PUNJAB HIGH COURT UNDER POWERS CONFERRED BY SUBSECTION (2) OF SECTION 45B AND SECTION 45G OF THE BANKING COMPANIES ACT, 1949 (NO. X OF 1949), AS AMENDED BY ACT NO. XX OF 1950). (See Chapter 1-B of Volume II of High Court Rules and Orders).
Part E]

Part E RULES UNDER SECTION 110 OF THE TRADE AND MERCHANDISE MARKS ACT, 1958, (NO. 43 OF 1958)

In the exercise of the powers conferred by Section 110 of the Trade and Merchandise Marks Act, 1958 (No. 43 of 1958) the Punjab High Court has made the following rules:

1. DefinitionsIn these Rules: (a) The Act means the Trade and Merchandise Marks Act, 1958. (b) The Registrar means the Registrar of Trade Marks referred to in Section 4 of the Act and includes any officer appointed under sub-section (2) of Section 4 of the Act to discharge any of the functions of the Registrar. (c) The Deputy Registrar means the Deputy Registrar (Judicial) of the Punjab High Court and includes any person performing the functions of Deputy Registrar (Judicial) for the time being. (d) Judge means a Judge of the Punjab High Court. (e) Court means Punjab High Court. 2. Title of applicationAll applications and appeals under this Act shall be instituted in the matter of the Act and in the matter of the Trade and Merchandise Marks to which they relate. 3. Mode of applicationAll applications and appeals under the Act shall be made by petition supported by an affidavit and shall be presented to the Deputy Registrar (Judicial). 4. Disposal of petitionThe Deputy Registrar shall lay the petition before the Judge who may either admit the petition and direct notice thereof to be given to the opposite party or may reject it summarily or make such other order as the circumstances of the case may require. 5. Service on RegistrarNotice of all the applications or appeals admitted by the Court shall be sent to the Registrar who shall have a right to appear and be heard and shall appear if so directed by the Court. 6. (a) Stay of pending suit or proceedingsIf any application or appeal is made to the High Court, under the Act and any suit or other proceedings concerning the Trade and Merchandise Marks in question is pending before the High Court or any District Court the High Court may stay such suit or proceeding until the disposal of the said application or appeal. (b) Record of the case in appealIn all contested appeals from the decisions of the Registrar the petitioner and the respondent shall furnish to each other, within 2 weeks from the date to the filing of the affidavit in reply, a list of documents forming part of the record of the case before the Registrar on which they rely for the purposes of the hearing of the appeal. The petitioner shall than prepare a duly indexed compilation of the documents relied upon by either side and furnish a copy of the same to the Court and to the opposite party within thirty days of the receipt of the list of documents from the opposite party. 7. Reference under Section 107(2)Where the Registrar makes a Reference to the Court under Section 107(2) of the Act, he shall give notice of the same to the parties concerned. He shall also supply to the Deputy Registrar the postal addresses of all persons interested in the Reference. After the reference is received, the Deputy Registrar shall fix a date for the hearing of the same

and put it on the list of the Judge on such date for disposal. Fifteen days notice of the day so fixed shall be given by the Deputy Registrar to the Registrar and to the parties concerned by sending the notices by registered post. 8. Procedure for withdrawal of application under Section 109(7)Where under Section 109(7) of the Act an applicant becomes entitled . . . . . . and intends to withdraw his application, he shall give notice of the intention in writing to the Registrar and to the other parties, if any, to the appeal within one month after the leave referred to in that section has been obtained. He shall also give notice to the Deputy Registrar (Judicial) who shall thereupon forthwith place the appeal on the list for disposal. 9. Counter-claim for rectification of Register in a suit for infringementA defendant in a suit for infringement filed in the High Court may in regard to any registered trade mark in issue counter-claim for the rectification of the register and shall within the time limited for the delivery of the counter claim serve the Registrar with the same, and the Registrar shall be entitled to take such part in the suit as he may think fit without delivering a defence or other pleading. 10. Copy of Judgment and order be sent to the RegistrarA certified copy of every judgment and order made on any application, appeal or reference under the Act shall be sent by the Deputy Registrar to the Registrar. 11. Notice how to be givenUnless otherwise provided by these rules, when notice is required to be given to any party by the Act or by these rules, it shall be served on such party in the manner provided for the service of summons in a suit. 12. Affidavits as evidenceAffidavits shall be treated as evidence of the facts affirmed in them. 13. Application of the Code of Civil Rules and Forms of the CourtIn cases not provided for in the foregoing Rules the provisions of the Code of Civil Procedure, 1908, and, the Rules and Forms of the Court, shall apply mutatis mutandis to the proceedings under the Act. Provided that it shall not be necessary for the Court to frame issues and the evidence may be taken in the form of affidavits where the Judge so directs. 14. Table of fees applicableProcess Fees shall be charged according to the Table of Fees for the High Court given in Chapter 5-B, High Court Rules and Orders, Volume IV. 15. Disposal of casesApplications relating to infringement of trade marks and passing of actions under the Act and all references, appeals, etc., shall be brought to hearing as early as may be practicable.

Part F]

Part F RULES UNDER THE CHARTERED ACCOUNTANTS ACT, 1949

The Honourable the Chief Justice and Judges are pleased to make the following rules relating to cases under the Chartered Accountants Act, 1949. 1. Register of casesAll cases received by the High Court under Section 21 of the Chartered Accountants Act, 1949, shall be numbered and entered in a special register. 2. Filing of the finding etc. in the CourtThe Council of the Institute of Chartered Accountants of India (hereinafter referred to as the Council) shall file in the office of the Deputy Registrar the finding of the Council along with the report of the Disciplinary Committee and all other relevant papers which were before the Council and the Disciplinary Committee and in particulars the following documents: (a) Complaint or information. (b) Written statement of defence. (c) Depositions of witnesses together with exhibits. (d) Notes of the hearing before the Disciplinary Committee and the Council. The council shall furnish to the Deputy Registrar two extra copies of the aforesaid papers. The Council shall also furnish to the Deputy Registrar, the postal addresses of all persons on whom notices are required to be served under Section 21(2) of the said Act. 3. Fixing date of hearingWhen the finding of the Council, and the other papers have been filed in Court, the Deputy Registrar shall fix a date for the hearing of the case and shall forthwith issue notices in the Forms given in Appendix A. 4. Service of noticesSuch notices shall be sent by registered post to all persons to whom notices are required to be sent under the provisions of Section 21 (2) of the said Act at the addresses supplied by the Council and shall be served not less than 15 days before the date fixed for hearing of the case. 5. Case to be heard before BenchThe case shall be heard by a Bench consisting of not less than two Judges to be nominated by the Chief Justice. 6. Copy of the final order to be sent to the CouncilThe Deputy Registrar shall send a certified copy of the final order passed in the case to the Council of the Institute of Chartered Accountants.

Part G]

Part G THE COPYRIGHT RULES, 1959

In exercise of the powers conferred by Section 73 of the Copyright Act, 1957 (Act No. 14 of 1957), the Punjab High Court has made the following rules: 1. Short titleThese rules may be called the Copyright Rules, 1959. 2. DefinitionsIn these rules unless there is anything repugnant in the subject for context: (i) The Act means the Copyright Act, 1957 (No. 14 of 1957). (ii) The High Court means the High Court for the State of Punjab at Chandigarh. (iii) The Registrar means the Registrar of Copyright and includes the Deputy Registrar of Copyrights appointed under the Act. (iv) Copyright Board means the Copyright Board appointed under the Act. (v) The Deputy Registrar (Judicial) means the Deputy Registrar (Judicial) for the High Court of Punjab at Chandigarh and includes the Assistant Registrar in the Circuit Court at Delhi. (On the formation of Delhi High Court, circuit Bench at Delhi has since discontinued). 3. Presentation of AppealsSubject to these rules, all appeals from a final decision or order of the Copyright Board shall be made to the High Court in accordance with the provisions of Chapter I, High Court Rules and Orders, Volume V. 4. Disposal of appealsAppeals under rule 3 shall be heard and disposed of by Bench of two Judges. 5. Contents of appealsEvery memorandum of appeal under Section 72 of the Act shall be drawn up in the manner prescribed by Order XLI, Rule 1 of the Code of Civil Procedure, and shall be presented to the Deputy Registrar (Judicial) accompanied by a certified copy of the final decision or order appealed from. 6. Court-feeEvery Memorandum of appeal under Section 72 of the Act shall bear a court-fee as provided in Article II of Schedule II of the Indian Court-fees Act. 7. Register of appealThere shall be kept a separate register of appeals from final decision or order of the Copyright Board. 8. NoticeNotice of appeal shall be in the form prescribed for notice issued in Regular First Appeals, with suitable modification, so as to make it clear that it is an appeal from a final decision or order of the Copyright Board.

9. Contents of Paper-bookIn all appeals admitted to a hearing printed record shall, unless special orders are given to the contrary, be prepared in accordance with the provisions of Chapter 2-A, High Court Rules and Orders, Volume V, which will apply mutatis mutandis save and except that the printed record shall be: (i) Petition of application before the Board. (ii) Written statement of petition of objection or reply as the case may be. (iii) Deposition of witnesses, if any. (iv) Copies of documents exhibited before the Board. (v) Copies of any documents rejected by the Board, where its rejection is a ground of appeal or cross objections. (vi) Copy of the final decision or order of the Copyright Board. (vii) Copies of all affidavits and records used by the Board under Section 74 of the Act. (viii) Such other document or documents as the Court may direct to be included. (ix) The grounds of appeal to the High Court in English. (x) The order of the Bench admitting the appeal. 10. The paper-book shall have an index. There shall be a printed paper-book, unless the Court otherwise directs. 11. Specifying documents to be printedThe Deputy Registrar (Judicial) shall as soon as an appeal is admitted, request the Copyright Board to transmit the record of the case of the High Court. Where and in so far as the record consists of any entry in a register kept by the Registrar of Copyrights or the Copyright Board, only a certified copy shall be transmitted. Upon receiving the record, the Deputy Registrar (Judicial) shall cause notice to be given to the appellant and respondents, or their counsel, if any, to specify within 30 days of the date of receipt of notice the documents mentioned in Rule 9-A (v) above, which should be included in the printed record of the appeal. In default of their doing so, the printed record shall consist of the documents specified in Rule 9-A (i) to (iv), (vi), (vii), (viii), (ix) and (x) only. 12. Taxation costsTaxation of costs shall be as in Regular First Appeals in Civil cases. 13. Application of the Code of Civil Procedure and rules and forms of the CourtIn cases not provided for in the foregoing rules, the provisions of the Code of Civil Procedure, 1908, and

the Rules and Forms of High Court of Punjab and Chandigarh shall apply mutatis mutandis to all proceedings under the Act. 14. Table of fees applicableProcess fees shall be charged according to the table of fees the High Court given in Chapter 5-B High Court Rules and Orders, Volume IV.
Part H]

Part H RULES MADE BY HIGH COURT RELATING TO APPEALS UNDER SECTION 116-A OF THE REPRESENTATION OF PEOPLES ACT, 1951

1. Accompaniments of a memorandum of appealEvery memorandum of appeal shall be accompanied by: (a) a certified copy of the judgment or order of the Election Tribunal against which the appeal is directed. (b) as many typed copies of the memorandum of appeal as there may be respondents to be served. (c) an affidavit setting out the permanent residence and address of the respondent and also the present address of the respondents on which service of the notice can be effected. (d) postal envelopes bearing requisite postage stamps to enable service to be effected on the respondents by registered post acknowledgement due; and (e) the Government Treasury Receipt in regard to the deposit of Rs. 500/- made by the appellant in a Government Treasury or in the Reserve Bank of India in favour of the Secretary to the Election Commission as surety for the costs of the appeal under Section 119-A of the Representation of Peoples Act, 1951. 2. In addition to service through post, notice or appeal shall be served in the manner prescribed for service of notice in the Code of Civil Procedure. The notice shall be marked very urgent and shall be accompanied by a letter to the officer directed to effect service of the notice to serve the same immediately. Service of notice of appeal on respondent(s) shall simultaneously be effected by publication in newspaper. 3. Supply of Paper-book by appellantThe appellant shall within fifteen days from the date of admission of the appeal, supply to the Court as many typed/printed copies of the paper-book referred to in Rule 4 as there may be respondents to be served together with five extra copies for the use of the Court. Provided that the Deputy Registrar (Judicial) may in special circumstances extend the period of supplying the paper-book to a fortnight on the written application made to him in this behalf.

4. Contents of paper-bookThe paper-book should be duly paged, indexed and shall contain copies if the papers are in English and translation if the papers are in any other language of the following papers (i) Index. (ii) Memorandum of Appeal. (iii) Judgment or Order under appeal. (iv) The Election Petition. (v) Written Statement. (vi) Supplementary statements, and statements, of parties or their pleaders recorded under Rules 1 and 2 of Order X of C.P.C. (vii) Oral evidence recorded in the case. (viii) Such other documents or papers as the appellant wished to refer to. 5. Supply of Supplementary paper-book by respondentOn any date to be fixed by the Deputy Registrar (Judicial) after admission of the appeal for appearance of the respondent, the respondent shall be supplied with a copy of the paper-book filed by the appellant and shall be required to initiate in writing on the next working day if he wants to file a supplementary, paperbook containing such other evidence oral or documentary or other paper as he may wish to refer to. In case he gives this intimation, he shall file six typed copies of the supplementary paperbook within fourteen days of the intimation referred to above. 6. Certificate of correctness of paper-bookThe correctness of the translation and typing of the paper-book shall be certified by the party concerned or his Advocate. 7. Taxation of cost of paper-bookThe Deputy Registrar (Judicial) shall determine the cost of preparation of the paper-book before the appeal comes up for hearing and the Court shall decide whether the whole or a portion of the costs shall be taxed. 8. Payment of fee for summoning of records other than those of TribunalAfter the appeal has been admitted a requisition shall issue immediately calling for the records of proceedings of the Election Tribunal from the District Court where such records are deposited under Section 103 of the Representation of People Act. The Appellant/Respondent shall, however, pay fee for summon such records which do not form a part of the records of the proceedings of the Court of Election Tribunal but are sent for on the application of the Appellant/Respondent under orders of the Courts.

9. Costs of the appealThe costs of the appeal shall be at the discretion of the Court and the same may be awarded to the respondents or any of them out of the security deposit made by the appellant under Section 119-A of the Representation of the People Act, 1951. 10. Intimation to be sent to the Election Commissioner, IndiaAs soon as the appeal is decided an intimation about it shall immediately be sent to the Election Commission, India, for information. 11. Application of certain provisions of the High Court RulesSubject to these rules, the rules relating to First Appeals contained in Chapters 1 and 2 of the High Court Rules and Orders Volume V will also apply to appeals under Section 116A of the Representation of People Act, 1951.
RULES MADE BY HIGH COURT OF DELHI
2

Election Rules

1. In these rules, unless the context otherwise requires (a) The Act shall mean the Representation of the People Act, 1951; (b) the Code shall mean the Code of Civil Procedure, 1908; (c) the High Court shall mean the Delhi High Court; (d) the Judge shall mean the Judge of the High Court who for the time being has been assigned by the Chief Justice under sub-section (2) of Section 80(a) of the Representation of the People Act, 1951, for the trial of Election Petition; (e) the Himachal Pradesh Bench shall mean the Bench of the High Court functioning at Simla, or at such place in Himachal Pradesh as the Chief Justice of the Delhi High Court may appoint from time to time.
3

The Election Petition

2. All proceedings in the High Court in respect of Election Petition shall be conducted in English. 3. All petitions, applications, precepts, notes, etc. including copies thereof to be filed in Election Petitions shall be either printed or type-written neatly legibly with sufficient space between lines on strong and durable foolscap size paper or on a size of paper nearest to the foolscap size according to metric measure, with a margin of not less than 5 cms. Where such petitions etc., as aforesaid consist of more sheets than one, they shall be stitched in book-form. 4. Every election petition shall in addition to the contents required by the Act, contain information as to the date of election of the returned candidate or if there be more than one returned candidate at the election and the dates of their elections are different, the later of the two

dates and shall also show that the election petition is within time as prescribed in Section 81 of the Act. 5. The election petition along with the necessary copies may be presented at any time during the Court hours. Immediately after it is presented, the date of presentation shall be endorsed thereon, and the petition shall be entered in the special register maintained for the registration of election petition. 6. After the petition is presented, the party or advocate shall be asked to attend the office on the third day from the date of the presentation to remove objections, if any. An undertaking in writing will be obtained from the party or advocate to remain present in the office on the date appointed. The petitioner shall furnish his address preferably in Delhi or Simla, as the case may be, where any communication may be addressed to or served on him. 7. The office shall examine the petition with a view to see whether it is in conformity with the requirements of law and the rules, applicable to the same, and if it is not in conformity with law and the rules, raise objections which could be removed by the party or the advocate concerned. These objections should be brought to the notice of the party or the advocate on the date fixed for attendance under Rule 6 and such objections shall be removed, subject to the orders of the Court, if any, within two days thereafter. 8. Immediately after the time fixed for the removal of objections has expired, the petition shall be placed before the Court for such order, as may be required to be passed under Section 86 of the Act. If the petition is not dismissed under Section 86(1) of the Act, a summons, on direction of the Court shall be issued to the respondents to appear before the High Court on a fixed date and answer the claim or claims made in the petition. Such date shall not be earlier than three weeks from the date of the issue of the summons. The summons shall be for written statement and settlement of issues. 9. Those of the respondents who file written statements or recriminatory statement, as provided under Section 97(2) of the Act shall also furnish copies of such written-statements and recriminatory statements for the use of the petitioner and other respondents, as the case may be. Where a recriminatory statement under Section 97(2) alleges any corrupt practice, the statements shall be accompanied by an affidavit in support of the allegation of such corrupt practice and the particulars thereof. 10. Within seven days of the settlement of issues or such further time as the Court may grant, parties shall file a list of witnesses. 11. Parties may also produce witnesses without a summons on the date of the hearing, provided they have filed a list of the same, as required under Rule 10. 12. Except where otherwise ordered by the Court:

(a) All summons, notices, orders or other documents required to be given to or served on a party or persons, who resides within the jurisdiction of this Court, shall be served on such party or person or on his agent or advocate. (b) Service of any summons, notice, orders, or other document upon a person, may ordinarily be effected by post a copy of the document required to be served in a pre-paid envelope registered for acknowledgement addressed to the party or his agent empowered to accept service at the place where the party or his agent resides or carries on business or personally works for gain. (c) Notwithstanding anything hereinabove contained in clause (b), the Court may direct in a particular case that the service shall be effected in the manner provided by the Code for service of summons. (d) Unless the contrary is proved, a document served by post shall be deemed to be served at the time at which it would be delivered in the ordinary course of post. 13. Process fee for issue or endorsement of summons on notices shall be Rs. 3/- per person. 14. A party applying for a summons to a witness shall be required to deposit at the time of applying for summons a sum sufficient to cover the travelling allowances the diet allowance, and the local conveyance allowance of the witness according to the scale given under Rule 15. Payment shall be made to the witness out of amount so deposited after the witness has given evidence or he is discharged by the Court. 15. Travelling allowance for the journey from the place of residence to the place where evidence is required to be given and back to the place of residence, diet allowance, and local conveyance allowance shall be paid to the witnesses according to the scale indicated below subject to the conditions indicated in the notes thereunder
Class of Witness 1 CLASS I Professional men of high position, Members of Parliament and of the State Legislatures, large land owners/owners of big business organisations, and Class I Government officials who are required to attend in their private capacity. First Class Rail fare or where the journey is performed by road, @ 0.32 Paise per kilometre. Rs. 20/per day. Actual taxi or carriage fare each way from the place where he is put up to the place where he is required to give evidence. Travelling Allowance 2 Diet Allowance 3 Local Conveyance Allowance 4

CLASS II Members of Local Bodies, ordinary professional and business men, land owners, other than small farmers; officer employees in business organisations Corporations and local bodies and Class II Government Officers who are required to attend the Court in their private capacity. CLASS III Artisans, Clerks, small land owners, village officers, and employees in lower grades of Corporations, local bodies and business organisations and Class III Government Servants who are required to attend the Court in their private capacity. CLASS IV Labour, petty shop-keepers, pedlars and persons other than those in the above classes and class IV Government servants who are required to attend the Court in their private capacity. Third Class Rail fare or bus fare. Rs. 4/per day. Actual bus fare each way. Second Class Rail fare or bus fare. Rs. 8/per day Actual bus fare each way. Second Class Rail fair or where the journey is performed by road at 18 paise per kilometre. Rs. 12/per day Actual Taxi or carriage fare each way from the place where he is put up to the place where he is required to give evidence.

Note 1In the case of Experts and professional persons and in cases in which the Court thinks special rates should be awarded, the Court may award higher rates of diet allowance than provided for in this scale. Note 2In cases not fully or clearly covered by this scale or in cases where the Court thinks special considerations should prevail the Court shall award such amounts for travelling allowance, diet allowance, and local conveyance allowance as deems proper. 16. As soon as an order is passed by the Court under Sub-section (2) of Section 109, or under clause (b) of sub-section (3) of Section 10 or under sub-section (2) of Section 112, or under Section 116 directing any matter to be published in the Official Gazette, or otherwise than in the Official Gazette, the office shall get the same published at the cost of such of the parties as the Court shall direct in that behalf. The matter directed to be published in the Official Gazette shall be published in the Government Gazette. 17. As soon as an election petition is dismissed by the High Court under sub-section (1) of Section 86, or the same has been finally disposed of on merits as provided for under Section 98

and 99, or the High Court passes an order under sub-section (1) of Section 116-B, the office shall intimate the order or the decision of the High Court (i) to the Election Commission, and (ii) the Speaker or the Legislature concerned; and thereafter, as soon as possible, it shall also forward to the Election Commission an authenticated copy of the judgment and the formal order of the Court. The office shall also report to the Election Commission when an election petition is allowed to be withdrawn under Section 111 after orders are passed in that behalf by the High Court. Where an election petition abates and no attempt has been made for substituting another person for continuing the said petition as provided under Section 116, and the Court passes a final treating the petition as abated, the office shall also report to the Election Commission. 18. A diary or index of proceedings showing the course of the election petition form the beginning to the end in chronological order shall be maintained in each election petition. 19. Application in the petitionAll applications in each Election Petition shall be separately recorded in a register maintained for the purpose. The record in respect of each election petition shall have the following columns: Register of Applications In the matter of Election Petition No. . . . . . . . . . . . . . . Serial No. of application in the Election petition 1 Date of presentation Nature of application Date and substance of final order 4

When an application is filed, the same shall be placed before the Court as part of the election petition for passing necessary orders. 20. Applications made to the Court in a pending election petition shall be styled as Application in Election Petition No . . . . . . . . . . . . . . . . . . . of 19 . . . . . . . 21. Advocates(a) An advocate intending to act for a party shall file a Vakalatnama signed by the party. (b) Advocates filing their vakalatnamas in petitions filed at Simla shall give their office address at Simla and advocate appearing in petitions filed at Delhi shall give their office address in Delhi. All notices, processes, etc., shall be served on the advocate at the office address given by

him, unless the Court otherwise directs. Such service will be regarded as proper service on the party. 22. A party will be entitled to advocates fees at such amount as may be fixed by the Court. 23. CostsThe Security for costs shall be paid in cash. The amount shall be deposited with the Cashier during the hours in which the cash business of the office is conducted. The amount so deposited shall be credited to the Civil Court Deposit Account. A separate Ledger-folio shall be opened in respect of each party, and all receipts, and payments made on behalf of the party shall be entered in it. Receipts shall be issued by the Cashier for all amounts received from the parties. 24. MiscellaneousNo document in any language other than English shall be admitted in evidence unless it is accompanied by an English translation which shall either be the official translation or be a translation the accuracy of which is certified by an advocate of the High Court. Costs of the translation shall be at the discretion of the Court. 25. All rules of the High Court applicable to the preparation of the transcript of the record for the use of the Supreme Court in an appeal to that Court arising from a decree of the High Court in a Civil Appeal shall apply mutatis mutandis to the preparation of the transcript of the record for the use of the Supreme Court in an appeal to that Court arising from a decision of the High Court in an election petition, subject, however, to the provisions of the Act and the rules which the Supreme Court may make in that behalf. 26. Where no specific provision is made in the Act or in these rules, the provisions of the Code shall apply. 27. Notwithstanding anything contained in these rules the Court may in appropriate cases excuse any party from compliance with any of the requirements of these rules and give such directions in the matter as may be necessary in the ends of justice.
Part I RULES UNDER SECTION 64 OF THE ESTATE DUTY ACT, 1953 (Act No. 34 of 1953)
Part I]

Rules made by the High Court under Section 64 of the Estate Duty Act, 1953 (Act No. 34 of 1953), published in Punjab Gazette, Part III, dated 24th January, 1958, as High Court Notification No. 7- Misc./XVI-A. 114, dated the 11th January, 1958, and as amended by this Court Notification No. 317-Misc./XVI.A. 114, dated the 5th November, 1959. 1. Short title and commencementThese rules shall be called the Estate Duty Rules, 1957, and shall come into force from the date of their publication in the Punjab Gazette. 2. DefinitionIn these rules, unless the context otherwise require, (a) Act means the Estate Duty Act, 1953, as amended from time to time.

(b) The Court means the High Court for the State of Punjab. (c) Register means the Registrar of the High Court for the State of Punjab and includes the Deputy Registrar and Assistant Registrar, Circuit Bench at Delhi. (On the Formation of Delhi High Court, Circuit Bench at Delhi has since discontinued). 3. Registration of reference(a) A reference under Section 64(1) of the Act, stating a case for the opinion of the Court shall be registered as an Estate Duty reference. (b) Every case stated by the Board shall, as far as possible, be divided into paragraphs, numbered consequently and shall set out the facts of the case, the determination of the Board and the point of law arising therefrom as stated by the party in his application under Section 64(1) of the Act and as framed by the Board. 4. Documents to accompany reference(a) the Board shall, together with the reference, submit the following documents: (i) A copy of the order of the Controller. (ii) A copy of the memorandum of appeal to the Board. (iii) A copy of the order of the Board. (iv) Copies of such records as in the opinion of the Board may be necessary for the consideration of the reference. (b) The Board shall also submit ten printed copies of the reference and its enclosures. 5. Admission of the referenceThe Registrar shall admit the reference and cause notices to be served on the parties intimating the date of hearing of the case. 6. Application under Section 64(2)An application under Section 64(2) of the Act, for requiring the Board to state a case for the opinion of the High Court shall be registered as an Estate Duty Case. It shall be accompanied by two copies, one of which shall be certified copy of each of the following documents: (i) The order of the controller. (ii) Memorandum of appeal to the Board. (iii) Order of the Board under Section 63(2) of the Act. (iv) Application to the Board under Section 64( 1) of the Act. (v) The order of the Board refusing to refer the case.

(vi) Any other papers or documents which the applicant considers necessary for the disposal of the applications provided that the documents mentioned in clauses (i), (ii) and (iii) above shall not be necessary in a case falling under Section 64(2)(b) of the Act. 7. Contents of the applicationSuch application shall set out in concise from the material facts giving rise to the alleged question, or questions of law that are required to be stated by the Board. 8. Filling of certificate of the Board when application has not been withdrawn(a) the applicant shall, along with the application file a certificate from the Board to the effect that he has not withdrawn his application for reference under Section 64(1) before the Board. (b) where no such certificate is filed, the application shall separately apply to the Court for exemption from filing a certificate. 9. Filling copies of documents accompanying application under Section 64(2) of the Act The applicant shall, within three weeks of the date of admission of his application file ten printed copies of the documents mentioned in Rule 6, for the preparation of paper-books for the Judges and the parties unless the Court directs otherwise. 10. Failure to supply copiesIf the party fails to file the printed copies as required by Rule 9 within the period prescribed, the case shall be laid before the Court and the Court may dismiss the case for non-prosecution. 11. Preparation of paper-booksIf the Court orders in any case the preparation of paper-books in office, the provisions of Rule 12, Chapter 8(a) of the High Court Rules and Orders, Volume V, shall apply mutatis mutandis. 12. Motion hearing of applicationsAn application under sub- section (2) of Section 64 of the Act shall be laid in motion before the appropriate Bench, notice of which shall be given to the applicant or his counsel. The Court may either reject the application summarily or admit it. 13. Service of noticeService of notice contemplated in these rules shall be deemed sufficient, if made on counsel for the party. 14. Description of partiesIn references under Section 64(1) of the Act and in applications under sub-section (2) of Section 64 of the Act, the controller shall be shown as the Petitioner or the respondent as the case may be. 15. Bench hearing the casesAll matters, coming before the Court under Section 64 of the Act shall be heard by a Division Bench of two Judges, the Chief Justice orders that any particular matter shall be heard by a large Bench. 16. Judgment or order to be certified to the Board. A copy of the judgment, or order shall be sent to the Board under the seal of the Court and the signature of the Registrar.

17. Where in pursuance of an order made under Section 64(2) of the Act, the Board states the case for the opinion of the Court, the same procedure as is prescribed for reference under Section 64(1) shall be followed but it shall not be necessary for the Board to submit along with the reference, the documents mentioned in Rule 4(a).
Part J]

Part J RULES UNDER SECTION 4(E) OF POWERS OF ATTORNEY ACT, 1882

[NoteThis new Part has been added by Punjab & Haryana High Court in 1970, so this is not applicable to Delhi High Court.] 1. Part A amended by Notification No. 140/Rules, dated 18-12-1973 by Delhi High Court. 2. Framed by Delhi High Court vide Notification No. 21 Dated 28-4-67, published in Delhi Gazette, Part II, Section
18 dated 18-5-67.

3. Vide Act No. 53 of 1970, Himachal Pradesh was declared as a State. So Himachal Pradesh has now separate High
Court.

CHAPTER 8
Ch. 8

Supreme Court Cases

Part A]

Part A RULES FRAMED BY THE HIGH COURT REGARDING APPEALS TO SUPREME COURT

[NoteIn 1970 Edition Punjab & Haryana High Court replaced this Chapter (8A) to which Delhi High Court has issued Amendments in 1975. But the Amendments of Punjab & Haryana of 1970 Edition is not applicable in Delhi.] Rules made by the High Court of the Punjab under Article 7 of the High Court (Punjab) Order, 1947, read with clause 27 of the Letters Patent constituting the Lahore High Court and all other powers enabling it in this behalf regarding appeals to the Supreme Court.
(a) Civil appeals

1. (a) Form and contents of petition for leave to appeal to the Supreme CourtA petition for leave to appeal to the Supreme Court shall comply with the requirements of Rules 3(1), Order XLV, of the Code of Civil Procedure and contain the following particulars: (i) The name and address of each petitioner; (ii) The name and address of each person whom it is proposed to make a respondent; (iii) The Court in which, and the name of the Judge or Judges by whom the decree, complained of, was made; (iv) The date when such decree was made; (v) The value of the subject-matter of the suit in the Court of first instance; (vi) The value of the subject-matter in dispute in appeal; and (vii) The relief sought by such petition, and shall be signed by the petitioner or by some Advocate or Vakil on the rolls of the Court on his behalf.

(b) Every petition together with its enclosures, if any, shall be accompanied by three typed copies of the same for the use of the Court. The typed matter shall be in double spacing legible and on one side of the paper. (c) Time for an application for a certificate in a civil case under Article 132(1) of the ConstitutionAn application for a certificate required in a Civil case under Article 132(1) of the Constitution shall be filed subject to the provisions of Sections 4, 5 and 12 of the Indian Limitation Act, IX of 1908 within 90 days from the judgment, decree or final order of the High Court. 2. Notice to issue on the applicationsWhen a petition is made, the Deputy Registrar shall, unless the petition is dismissed at the preliminary hearing, cause notice thereof to be given to the opposite party in accordance with Order XLV, Rule 3(2) of the Code of Civil Procedure. The notice shall be in Form A appended to these rules. The process-fee for the issue of the notice must be paid into Court at the time of filing the application. 3. Deposit of security on grant of certificatesWhen the Court grants a certificate, which shall be in Form B appended to these rules, the petitioner shall be required to deposit within ninety days, or such further period not exceeding sixty days, as the Court may upon cause shown, allow from the date of the decree complained of, or within six weeks from the date of the grant of the certificate (whichever is the later date) a sum of Rs. 2,500 as security for the respondents costs. In any special case the Court may, if it thinks fit upon the application of the respondent, require security to a larger amount; but in no case exceeding rupees five thousand. 4. Form of securityThe security referred to in Rule 3 shall ordinarily be furnished in cash or in Government Securities, but the Court, at the time of granting the certificate, may, after hearing the opposite party who appears, order on the ground of special hardship that some other form of security may be furnished. Provided that no adjournment shall be granted to the opposite party to contest the nature of such security. 5. Form of security in certain other casesThe security referred to in Order XLV, Rules 13 and 14 of the Code of Civil Procedure, shall be of such nature and amount as the Court may, on the merits of the case, decide. 6. Deposit of costs of preparation of recordsExcept in cases where a paper-book has been printed under Rule 4 of Chapter 2A of High Court Rules and Orders, Volume V the appellant shall deposit a lump sum of Rs. 400, within the time limited by Order XLV, Rule 7, of the Code of Civil Procedure, on account of the cost of the preparation of complete Parts I and II of the paper-book. The estimates in such cases will be prepared in accordance with the rates prescribed in Schedule B annexed hereinto and served as soon as possible after the receipt of the records and the filing of lists by

the parties, but the said deposit of Rs. 400 shall be made within the prescribed time irrespective of the service of estimates. 7. Inclusion of documents in paper-books(a) If the appellant desires to include in Part I or II of the paper-book used at the hearing of the appeal in the High Court any papers on which the decision of the appeal to the Supreme Court depends, which have not already been included in the paper-books or to exclude there from any papers on the grounds that they are irrelevant to the subject-matter of the appeal to the Supreme Court he shall, within one week from the date of service upon him of the notice about the receipt of Lower Court records, apply to the Deputy Registrar for an order accordingly, and file with his application a complete list of the papers to be included in, or excluded from the printed paper-book; and he shall, at the same time serve copies of his application and list on the appearing respondents. (b) Within one week from the date of receipt by them of copies of the application and list mentioned in clause (a) the appearing respondents shall, if they so desire, file a similar application and list and simultaneously serve copies thereof on the appellant; (c) In cases where the paper-book has not been printed under Rule 4 of Chapter 2A of High Court Rules and Orders, Volume V, the appellant shall file a complete list of papers which he wishes to include in Parts I and II of the paper-book within two weeks of the service of notice about the receipt of lower Court records, and shall simultaneously serve a copy thereof on the appearing, respondents who shall thereupon prepare and file their lists within one week of the receipt of the appellants list and simultaneously serve copies thereof on the appellant. (d) If any party considers that any paper, or portion thereof, should be included in, or omitted from the lists, he may within one week from the receipt of a copy of the list of the other side, and after giving notice to the other side of his intended application, apply to the Deputy Registrar for an order that such paper, or portion thereof, should be inserted in the paper-book, or be omitted therefrom. (e) If the parties are not in agreement as to whether a document should be included or not and as to which party shall bear the cost of inclusion of any document, the matter will at once be laid before a Judge of the Court, whose decision shall be final. (f) Where an order is passed under clause (e) for exclusion on an application under clause (a), the excluded portion or portions shall be indicated by asterisks, where portion or portions of a paper are excluded, and a footnote shall be made by the Dealing Assistant giving reference to the order of the Judge of the Court. Where a paper or papers are excluded in entirely, a list of the paper or papers excluded shall be made and shall from part of the transcript record to the Supreme Court. The order or orders passed by the Judge of the Court under clause (e) shall also form part of such transcript record. 8. Deposit or drawing up an estimateWith his application mentioned in Rule 7(a) the appellant shall deposit a sum of Rs. 16 for drawing up an estimate of the expense to be incurred in having record printed:

Provided that it shall be at the discretion of the Deputy Registrar to dispense with the estimate and to allow the petitioner to deposit such sum on account of expense as may, under the circumstances of the case, be reasonable. 9. When appeal to be declared as admittedWhere the security mentioned in Rule 3 has been furnished and the deposits required by Rules 6 and 8 made, the Court shall declare the appeal admitted and give notice thereof in Form C appended to these rules to the respondent. 10. Action to be taken when security and cost not depositedWhere an Appellant having obtained a certificate for the admission of an Appeal, fails to furnish the security or make the deposit required by Rules 3, 6 and 8 or apply with due diligence to the Court for an order admitting the Appeal, the Court may, on its own motion or on an application in that behalf made by the respondent, cancel the certificate for the admission of the Appeal and may give such directions as to the Costs of the Appeal and the security entered into by the Appellant as the Court shall think fit, or make such further or other Order in the premises as, in the opinion of the Court, the justice of the case requires. 11. Translation of vernacular documents to be made and revisedAll additional documents to be printed which are not in the English language and which have not been translated for the use of the Court, shall be translated into English under the orders of Deputy Registrar, and all the translations made or used shall be revised and authenticated by the Head Translator. For such translation, revision and authentication a period not exceeding two months shall be fixed by the Deputy Registrar. 12. Preparation and printing of the recordsThe Record shall be prepared and printed under the supervision of the High Court in accordance with the rules contained in Schedule A attached hereto, and the parties may submit any disputed question arising in connection therewith to the decision of the Court and it shall give such direction thereon as the justice of the case may require. 13. Arrangement and index of printed recordAs soon as the transcript or printed Record as far as possible, is complete, it shall be arranged, in chronological order, and a complete index of all papers, documents and exhibits in the cause, with a list showing those which have been omitted from the transcript or printed record shall be prepared under the orders of the Deputy Registrar within a period of one month. 14. Despatch of Record to the Supreme CourtWhen the Record has been made ready, the Deputy Registrar shall: (i) at the expense of the appellant transmit to the Registrar of the Supreme Court such number of copies as the Supreme Court may direct, or in the absence of any special direction in this behalf, 20 copies of such record, one of which copies he shall certify to be correct by signing his name on, or initialling every eighth page thereof and by affixing thereto the seal of the Court;

(ii) give notice of the despatch of the record to the parties through the Senior Sub-Judge of the District concerned; and (iii) when the Senior Sub-Judge has intimated the service of notice on the parties, and send to the Registrar, Supreme Court, a certificate in manuscript in (Form D appended to these rules) as to the date or dates on which the notice or notices under the preceding sub-clause (ii) was or were served. 15. Extension of period for compilation of the recordThe periods prescribed in Rules 6, 7, 8, 11 and 13 for the several stages in the compilation of the transcript or printed record may, for sufficient reason, be extended under orders of the Court. 16. Record of substitution of heirs of the deceased partiesThe supplemental records with substitution and representation of heirs of deceased parties shall be transmitted to the Supreme Court. If the paper-book has already been printed the supplemental record shall be in manuscript. 17. Duty of Deputy Registrar to take action if appellant is not diligentThe Deputy Registrar shall periodically and at short intervals place on the Courts list all appeals in which it appears to him that the appellants are not diligently prosecuting and call on the appellants to show cause before the Court why the appeals should not be dismissed for want or prosecution. 18. Order of a single Judge sufficientFor the purpose of these rules, where the orders of the Court are required, the order of one Judge shall be sufficient. 19. Deputy Registrar may delegate his duties to the Assistant Registrar or other officer of the CourtThe Deputy Registrar may, under the orders of the Court, delegate any of the duties which devolve upon him under these rules, to the Assistant Registrar or other officer of the Court. 20. Mode of service of noticesA notice, which it is necessary to serve under these rules or under Order XLV of the Code of Civil Procedure, may be served in manner provided by the Code of Civil Procedure for the service of notices, or upon an Advocate or Vakil who has appeared for the party to whom notice is to be given. 21. Certificate obtained by the party at the time of disposal of an appeal or any proceedingWhen a certificate for leave to appeal to the Supreme Court has been obtained by the party at the time of the disposal of an appeal or any proceeding, he shall file an application containing the grounds of his appeal for an order for the registration of the appeal and preparation of the record together with a sum of Rs. 16 for drawing up an estimate for the preparation of the record. 22. Special leave to appeal granted by Supreme CourtOn receipt from the Supreme Court of a certified copy of an order granting special leave to appeal under Order XIII, Rule 7 of the Supreme Court Rules, 1950, the High Court shall, in the absence of any special directions in the order, act in accordance with the provisions contained in Order XLV of the Code of Civil Procedure so far as applicable.

23. Appeal under Article 135 of the ConstitutionThe aforesaid Rules shall apply mutatis mutandis to appeal under Article 135 of the Constitution.
(b) Criminal Appeals

1. Time for an application for a certificate under Article 132(1) or for a certificate under Article 134(l)(c) of the Constitution(l)An application for a certificate required in respect of a Criminal proceeding under Article 132(1) or for a certificate under Article 134(l)(c) of the Constitution shall be filed, subject to the provisions of Sections 4, 5, and 12 of the Indian Limitation Act, IX of 1908:
2

(a) within 15 days from the date of judgment or order of the High Court in cases involving death sentence; and (b) within 60 days from the date of judgment or order of the High Court in other cases: Provided that in cases falling under (a) above, an application for a certificate may be made to the Court orally or in writing before or at the time when any judgment, final order or sentence is passed: Provided further that the Court may, for sufficient cause, extend the time or in any particular case grant certificate either under Article 132(1) or Article 134(1) suo motu, if it thinks fit, and in a case when such certificate is granted the parties shall be informed accordingly. (2) Every application under this rule presented by an Advocate shall be signed by him and shall certify that the grounds contained therein are good and sufficient grounds for a certificate and the case is a fit one for moving the Supreme Court. 2. Printing of record in Criminal AppealsOn receipt of the copy of petition from the Supreme Court under Rule 6 of Order XXI of the Supreme Court Rules, 1950, the High Court shall arrange for the printing of the record in the case and for the transmission of the printed record to the Supreme Court with all convenient speed. The record shall be printed at the expense of the appellant, unless otherwise ordered by the Supreme Court. In appeals involving sentence of death, the record shall be printed at the expense of the Government. 3. Despatch of record in Criminal AppealsAs soon as the record has been got ready the Deputy Registrar shall despatch to the Registrar of the Supreme Court not less than 15 copies. In cases falling under Article 134(l)(a) and (b), the printed record shall be despatched to the Supreme Court within a period of forty-five days after the receipt of the intimation from Registrar of the Supreme Court of the filing of the petition of appeal. 4. Rules applicable to Criminal AppealsSo far as may be, the rules in this Chapter relating to Civil appeals shall, with the necessary modifications and adaptation, apply to Criminal appeals. Provided that in Criminal Proceedings no security for costs shall be required to be deposited.

5. List of Pending AppealsA list shall be maintained showing the numbers and dates of all pending Supreme Court appeals in various stages of preparation and the Deputy Registrar shall examine every quarter all such appeals in arrears and call on appellant who may be responsible for delay to show cause before the Court why the appeal should not be dismissed for want of prosecution. 6. In printing the record of Criminal appeals the procedure laid down in these rules for Civil Appeals shall be followed.
Part B]

Part B SUPREME COURT RULES

The following rules from the Supreme Court Rules, 1966 (amended upto-date) are reproduced for facility of reference.
Part II APPELLATE JURISDICTION (A) CIVIL APPEALS Order XV APPEALS ON CERTIFICATE BY HIGH COURT

[1. Where a certificate of the nature referred to in clause (1) of Article 132 or clause (1) of article 133 has been given under Article 134-A of the Constitution or a certificate has been given under Article 135 of the Constitution or under any other provision of law the party concerned shall file a petition of appeal in the Court.
3

2. Subject to the provisions of Sections 4, 5 and 12 of the Limitation Act, 1963 (36 of 1963), the petition of appeal shall be presented within sixty days from the date of the grant of the certificate of fitness.] [Provided that in computing the said period, the time requisite for obtaining a copy of the certificate and the order granting the said certificate, shall also be excluded.]
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3. (1) The petition shall recite succinctly and in chronological order with relevant dates, the principal steps in the proceedings leading up to the appeal from the commencement thereof till the grant of the certificate of leave to appeal to the Court, and shall also state the amount or value of the subject-matter of the suit in the Court of first instance and in the High Court, and the amount or value of the subject-matter in dispute before the Court with particulars showing how the said valuation has been arrived at. Where the appeal is incapable of valuation, it shall be so stated.
5

[(2) The petition shall be accompanied by a certified copy of:

(i) judgment and decree or order appealed from; (ii) certificate granted by the High Court; and (iii) the order granting the said certificate. In cases where according to the practice prevailing in the High Court, the decree or order is not required to be drawn up it shall be so stated up affidavit. In appeals falling under any of the categories enumerated in Rule 5-A, however, in addition to the documents mentioned above, a certified copy (or uncertified copy if such copy is affirmed to be true copy upon affidavit) of the judgment or order and also of the decree of the Court immediately below or such a copy of the order of the Tribunal, Government authority or person, as the case may be shall also be filed before the appeal is listed for hearing ex parte. At least seven copies of the aforesaid documents shall be filed in the Registry. (3) Where at any time between the grant by the High Court of the Certificate for leave to appeal to the Court and the filing of the petition of appeal, and party to the proceeding in the Court below dies, the petition of appeal may be filed by or against the legal representative, as the case may be, of the deceased party, provided that the petition is accompanied by a separate application, duly supported by an affidavit, praying for bringing on record such person as the legal representative of the deceased party and setting out the facts showing him to be the proper person to be entered on the record as such legal representatives.] 4. The Registrar, after satisfying himself that the petition of appeal is in order, shall endorse the date of presentation on the petition and register the same as an appeal in the Court. 5. Where a party desires to appeal on grounds which can be raised only with the leave of the Court, it shall lodge along with the petition of appeal a separate petition stating the grounds so proposed to be raised and praying for leave to appeal on those grounds. [5-A. Each of the following categories of appeals, on being registered shall be put up for hearing ex parte before the Court which may either dismiss it summarily or direct issue of notice to all necessary parties or may make such orders as the circumstances of the case may require, namely:
6

(a) an appeal from any judgment, decree or final order of a High Court summarily dismissing the appeal or the matter, as the case may be before it;
7

[(b) Deleted.] [(c) Deleted.]

8

(d) an appeal on a certificate granted by a High Court [under Article 134A of the Constitution being a certificate of the nature referred to in clause (1) of Article 132 or clause (1) of Article 133 of the Constitution or] under any other provision of law if the High Court has not recorded the reasons or the grounds for granting the certificate. [(e) an appeal under clause (b) of sub-section (1) of Section 19 of the Contempt of Court Act, 1971 (70 of 1971)].
9

10

[6 to 9 Deleted.]
11 12

10. As soon as the [petition of appeal has been registered] [and in the case of categories of appeals falling under Rule 5-A as soon as notice is directed to be issued] the Registrar of the Court shall: (i) require the appellant to furnish as many copies of the petition of appeals as may be necessary for record and for service on the respondent; and (ii) send to the Registrar of the Court appealed from a copy of the petition of appeal for record in that Court and a copy for service upon the respondent or each respondent: Provided that the Registrar of the Court may on an application made for the purpose dispense with service of the petition of appeal on any respondent who did not appear in the proceedings in the Court appealed from or on his legal representatives: Provided however that no order dispensing with service of notice shall be made in respect of a respondent who is minor or a lunatic. Provided further that an order dispensing with service of notice shall not preclude any respondent or his legal representative from appearing to contest the appeal. 11. On receipt from the Court of the copy of the petition of appeal, the Registrar of the Court appealed from shall, (i) cause notice of the lodgment of the petition of appeal to be served on the respondent personally or in such manner as the Court appealed from may by rules prescribes; (ii) unless otherwise ordered by the Court transmit to the Court at the expense of the appellant the original record of the case; including the record of the Courts below: Provided that where a transcript is to prepared in accordance with the proviso to sub-rule (1) of Rule 14, no original record shall be transmitted until specifically requisitioned; and (iii) as soon as notice as aforesaid is served, to send a certificate as to the date or dates on which the said notice was served. 12. A respondent shall enter appearance in the Court within thirty days of the service on him of the notice of lodgment of the petition of appeal. 13. The respondent may within the time limit for his appearance deliver to the Registrar of the Court and to the appellant a notice in writing consenting to the appeal, and the Court may thereupon make such order on the appeal as the justice of the case may require without requiring the attendance of the person so consenting.

14. (1) The record shall be printed in accordance with the rules contained in the First Schedule to these rules and, unless otherwise ordered by the Court, it shall be printed under the supervision of the Registrar of the Court: Provided that where the proceedings from which the appeal arises, were had in Courts below in a language other than English, the Registrar of the Court appealed from shall within six months from the date of the service on the respondent of the notice of petition of appeal transmit to Court in triplicate a transcript in English of the record proper of the appeal to be laid before the Court, one copy of which shall be duly authenticated. The provisions contained in Rules 15 to 20 shall apply to the preparation and transmission to the Court of the said transcript record. [Provided further that where the records are printed for the purpose of the appeal before the High Court and the said record be in English, the High Court shall prepare 10 extra copies in addition to the number of copies required by the High Court for use in the Court.]
13

(2) Upon receipt from the Court appealed from, of the English transcript of the record as aforesaid, the Registrar of the Court shall proceed to cause an estimate of the costs of preparing the printed copies of the records to be made and served on the appellant in accordance with the provisions contained in Rule 19 and will all convenient speed arrange for the preparation thereof. (3) Unless otherwise ordered by the Court, at least twenty copies of the record shall be prepared. 15. (1) As soon as the original record of the case is received in the Court, the Registrar shall give notice to the parties who have entered appearance of the arrival of the original record and the parties shall, thereafter be entitled to inspect the record and to extract all necessary particulars therefrom. (2) The appellant shall within four weeks of the service upon him of the notice referred to in subrule (1), file a list of the documents which he proposes to include in the paper-book, a copy whereof shall be served on the respondent. The respondent may within three weeks of the service on him of the said list file a list of such additional documents as he considers necessary for the determination of the appeal. 16. After the expiry of the time fixed for the filing of the additional list by the respondent, the Registrar shall fix a day for the settlement of list of documents to be included in the appeal record and shall give notice thereof to the parties who have entered appearance. In settling the lists the Registrar, as well as the parties concerned, shall endeavour to exclude from the record all documents that are not relevant to the subject-matter of the appeal and generally to reduce the bulk of the record as far as practicable. 17. Where the respondent objects to the inclusion of a document on the ground that it is not necessary or is irrelevant and the appellant nevertheless insist upon its inclusion, the record as finally printed, shall, with a view to subsequent adjustment of cost of and incidental to the printing of the said document, indicate in the index of papers or otherwise the fact that the respondent had objected to the inclusion of the document and that it has been included at the instance of the appellant.

18. Where the appellant objects to the inclusion of a document on the ground that it is not necessary or is irrelevant and the respondent nevertheless insists upon its inclusion, the Registrar, if be is of opinion that the document is not relevant, may direct that the said document he printed separately at the expense of the respondent and require the respondent to deposit within such time as he may prescribe, the necessary charges therefor, and the question of the costs thereof shall be dealt with by the Court at the time of the determination of the appeal. 19. As soon as the index of the records is settled, the Registrar concerned shall cause an estimate of the costs of the preparation of the record to be prepared and served on the appellant and require him to deposit within thirty days of such service the said amount. The appellant may deposit the said amount in lump sum or in such instalments as the Registrar may prescribe. [20. Where the record has been printed for the purpose of the appeal before the High Court and sufficient number of copies (if it is in English) are available, no fresh printing of the record shall be necessary except of such additional papers as may be required.]
14

21. Where an appeal paper-book is likely to consist of two hundred or less number of pages, the Registrar, may instead of having it printed, have the record cyclostyled under his supervision. 22. If at any time during the preparation of the record the amount deposited is found insufficient, the Registrar shall call upon the appellant to deposit such further sum as may be necessary within such further time as may be deemed fit but not exceeding twenty-eight days in the aggregate. 23. Where the appellant fails to make the required deposit, the preparation of the record shall be suspended and the Registrar concerned shall not proceed with the preparation thereof without an order in this behalf of the Court and where the record is under preparation in the Court appealed from, of the Court appealed from. 24. When the record has been made ready the Registrar shall certify the same and give notice to the parties of the certification of the record and append to the record a certificate showing the amount of expenses incurred by the party concerned for the preparation of the record. 25. Each party who has entered appearance shall be entitled to three copies of the record for his own use. 26. Subject to any special direction from the Court to the contrary, the cost of, and incidental to, the printing of the record shall from part of the costs of the appeal, but the costs of, and incidental to, the printing of any document objected to by one party in accordance with Rule 18 or Rule 19, shall, if such document is found on taxation of costs, to be unnecessary or irrelevant, be disallowed to, or borne by the party insisting on including the same in the record. 27. Where the record is directed to be prepared under the supervision of the Registrar of the Court appealed from, the provisions contained in Rules 15 to 25 shall apply mutatis mutandis to the preparation thereof.

Special Case

28. Where the decision of the appeal is likely to turn exclusively on a question of law, any party, with the sanction of the Registrar of the Court, may submit such question of law in the form of a special case, and the Registrar may call the parties before him, and having heard them and examined the record, may report to the Court as to the nature of the proceedings and the record that may be necessary for the discussion of the same. Upon perusing the said report, the Court may give such directions as to the preparation of the record and hearing of the appeal, including directions regarding the time within which or otherwise, the parties shall lodge their respective statements of case: Provided that nothing herein contained shall in any way prevent this Court from ordering the full discussion of the whole case if the Court shall so think fit.
Withdrawal of Appeal

29. Where at any stage prior to the hearing of the appeal an appellant desires to withdraw his appeal, he shall present a petition to that effect to the Court. At the hearing of any such petition a respondent who has entered appearance may apply to the Court for his costs.
Non-Prosecution of AppealsChange of Parties

30. If an appellant fails to take any steps in the appeal within the time fixed for the same under these rules, or if no time is specified, it appears to the Registrar of the Court that he is not prosecuting the appeal with due diligence, the Registrar shall call upon him to explain his default and, if no explanation is offered, or if the explanation offered appears to the Registrar to be insufficient, the Registrar may issue a summons calling upon him to show cause before the Court why the appeal should not be dismissed for non-prosecution. 31. The Registrar shall send a copy of the summons mentioned in the last specified rule to every respondent who has entered appearance. The Court may, after hearing the parties, dismiss the appeal for non-prosecution or give such other directions thereon as the justice of the case may require. 32. Where at any time between the filing of the petition of appeal and the hearing of the appeal the record becomes defective by reason of the death or change of status of a party to the appeal, or for any other reason, an application shall be made to the Court, stating who is the proper person to be substituted or entered on the record in place of, or in addition to the party on record. 33. Upon the filing of such an application the Registrar of the Court shall, after notice to the parties concerned, determine who in his opinion is the proper person to be substituted or entered on the record in place of, or in addition to the party on record, and the name of such person shall thereupon be substituted or entered on the record: Provided that no such order of substitution or reviver shall be made by the Registrar.

(i) where a question arises as to whether any person is or is not the legal representative of the deceased party, or (ii) where a question of setting aside the abatement of the cause is involved; and in such a case he shall place the matter before the Court for orders. Provided further that where during the course of the proceedings it appears to the Registrar that it would be convenient for the enquiry that investigation in regard to the person who is to be substituted on record, be made by the Court appealed from or a Court subordinate thereto, the Registrar may place the matter before the Judge in Chambers and the Judge in Chambers may thereupon make an order directing the Court appealed from to investigate into the matter either itself or cause an enquiry to be made by a Court subordinate to it, after notice to the parties, and submit its report thereon to this Court within such time as may be fixed by the order. On receipt of the report from the Court below the matter shall be posted before the Judge in chambers again for appropriate orders. 34. Save as aforesaid the provision of Order XXII of the Code relating to abatement shall apply mutatis mutandis to appeals and proceedings before the Court.
15

[35 to 37 Deleted.]

38. A respondent who has not entered appearance shall not be entitled to receive any notice relating to the appeal from the Register of the Court. 39. The appeal shall be set down for hearing one month after the [authentication of the record].
16

[40. Within two weeks of the receipt of the notice setting down the appeal for hearing, the appellant shall attend at the Registry and obtain eight copies of the record to be bound in cloth or in one fourth leather with paper sides, and six leaves of blank paper shall be kept for the use of the Court. The front cover shall bear a label stating the title and Supreme Court number of the appeal, the contents of the volume and the name and address of the advocates-on-record. The several documents, indicated by inducts shall be arranged in the following order: (1) Record (if in more than one part, showing the separate parts by inducts, all parts being paged at the top of the page); (2) Supplemental Record (if any) and the short title and the Supreme Court number of appeal shall also be shown on the back.] 41. The appellant shall lodge the bound copies not less than ten clear days before the date fixed for the hearing of the appeal. [42. (1) Where the appellant is not represented by an Advocate of his choice, the Court may in a proper case, direct the engagement of an advocate amicus curiae at the cost of the State. The fee of the Advocate so engaged shall be a lump sum not exceeding Rs. 500/- as may be fixed by the Bench hearing the case, and in an appropriate case, the Bench hearing the case, may for the
17

reasons to be recorded in writing sanction payment of a lump sum not exceeding Rs. 750/- to the said Advocate. (2) After the hearing of the appeal, the Registrar or the Deputy Registrar shall issue to the Advocate amicus curiae a certificate in the prescribed form indicating therein the name of the said Advocate engaged at the cost of the State and the amount of fees payable to the said Advocate. (3) The State concerned shall pay the fees specified in the certificate issued under sub-rule (2) to the Advocate named therein within three months from the date of his presenting before it his claim for the fees supported by the certificate. If the fees are not paid within the above said period, the Advocate shall be entitled to recover the same from the State concerned by enforcement of the certificate as an order as to costs under the Supreme Court (Decrees and Orders) Enforcement Order, 1954. Explanation:For the purposes of this Rule the term State shall include a Union Territory.]
Order XVI APPEALS BY SPECIAL LEAVE

1. Where leave to appeal to the Court was refused in a case by the High Court, a petition for special leave to appeal to the Court, shall subject to the provisions of Sections 4, 5, 12 and 14 of the Limitation Act, 1963 (36 of 1963) be lodged in the Court within sixty days from the date of the order of refusal and in any other case within ninety days from the date of the Judgment or order sought to be appealed from: Provided that where an application for leave to appeal to the High Court from the Judgment of a single Judge of that Court has been made and refused, in computing the period of limitation in that case under this rule, the period from the making of that application and the rejection thereof shall also be excluded. Explanation:For purposes of this rule the expression order of refusal means the order refusing to [grant the certificate under Article 134A of the Constitution being a certificate of the nature] referred to in Article 132 or Article 133 of the Constitution on merits and shall not include an order rejecting the application on the ground of limitation or on the ground that such an application is not maintainable.
18

2. Where the period of limitation is claimed from the date of the refusal of 1[a certificate under Article 134A of the Constitution, being a certificate of the nature referred to in Article 132 or Article 133 of the Constitution], it shall not be necessary to file the order refusing the certificate, but the petition for special leave shall be accompanied by an affidavit stating the date of the Judgment sought to be appealed from, the date on which the application for certificate of fitness to appeal to the Court was made to the High Court, the date of the order refusing the certificate, and the ground or grounds on which the certificate was refused and in particular whether the application for the certificate was dismissed as being out of time.

19

[3. Omitted.]

[4. (1) The petition shall state succinctly and clearly all such facts as may be necessary to enable the Court to determine whether special leave to appeal ought to be granted and shall be signed by the advocate on record for the petitioner unless the petitioner appears in person. The petition shall also state whether the petitioner has moved the High Court concerned for leave to appeal against its decision, and if so, with what result.
20

(2) No petition shall be entertained by the Registry unless it contains a statement as to whether the petitioner had filed any petition for special leave to appeal against the impugned judgment or order earlier and if so, with what result, duly supported by an affidavit of the petitioner or his Pairokar only. (3) The Court shall, if it finds that the petitioner has not disclosed the fact of filing a similar petition earlier and its dismissal by this Court, dismiss the second petition if it is pending or, if special leave has already been granted therein, revoke the same.] [(4) The petition shall also contain a statement as to whether the matter was contested in the Court appealed from and if so, the full name and address of all the contesting parties shall be given in the statement of facts in the petition.
21

(5) The petition shall be accompanied by (i) a certified copy of the Judgment or order appealed from, and (ii) an affidavit in support of the statement of facts contained in the petition.] 6. No annexures to the petition shall be accepted unless such annexures are certified copies of documents which have formed part of the record of the case in the Court sought to be appealed from; provided that uncertified copies of documents may be accepted as annexures if such copies are affirmed to be true copies upon affidavit. 7. The petitioner shall file at least seven spare sets of the petition and of the accompanying papers. 8. Where any person is sought to be impleaded in the petition as the legal representative of any party to the proceedings in the Court below, the petition shall contain a prayer for bringing on record such person as the legal representative and shall be supported by an affidavit setting out the facts showing him to be the proper person to be entered on the record as such legal representative. 9. Where at any time between the filing of the petition for special leave to appeal and the hearing thereof the record becomes defective by reason of the death or charge of status of a party to the appeal or for any other reason, an application shall be made to the Court stating who is the proper person to be substituted or entered on the record in place of or in addition to the party on

record. Provisions contained in Rule 33 of Order XV shall apply to the healing of such applications. 10. (1) Unless a caveat as prescribed by Rule 2 of Order XVIII has been lodged by the other parties, who appeared in the Court below, petitions for grant of special leave shall be put up for hearing ex parte, but the Court, if it thinks fit, may direct issue of notice to the respondent and adjourn the hearing of the petition. Provided that where a petition for special leave has been filed beyond the period of limitation prescribed therefor and is accompanied by an application for condonation of delay, the Court shall not condone the delay without notice to the respondent. (2) A caveator shall not be entitled to costs of the petition, unless the Court otherwise orders. Where a caveat has been lodged as aforesaid notice of the hearing of the petition shall be given to the caveator; but a caveator shall not be entitled to costs of the petition unless the Court otherwise orders. [(3) Notwithstanding anything contained in sub-rules (1) and (2) above, the respondents who contested the matter in the Court appealed from shall be informed about the decision on the petition after it is heard ex parte, if the petition stands dismissed].
22

[10-A (1) Where the petitioner is not represented by an Advocate of his choice, the Court may in a proper case direct the engagement of an Advocate amicus curiae at the cost of the State. The fees of the Advocate so engaged shall be Rs. 250/- up to the admission stage and a lump sum not exceeding Rs. 500/- for the hearing of the appeal arising therefrom as may be fixed by the Bench hearing the appeal, and in an appropriate case the Bench hearing the case may, for the reasons to be recorded in writing, sanction payment of a lump sum not exceeding Rs. 750/- to the said Advocate.
23

(2) After the hearing of the petition or the appeal, as the case may be, is over, the Registrar or the Deputy Registrar shall issue to the Advocate amicus curiae a certificate in the prescribed form, indicating therein the name of the said Advocate engaged at the cost of the State, and the amount of fees payable to the said Advocate. (3) The State concerned shall pay the fees specified in the certificate issued under sub-rule (2) to the Advocate named therein within three months from the date of his presenting before it his claim for the fees supported by the certificate. If the fees are not paid within the period abovesaid, the Advocate shall be entitled to recover the same from the State concerned by enforcement of the certificate as an Order as to costs under the Supreme Court (Decrees and Orders) Enforcement Order, 1954. Explanation:For the purposes, of this rule, the term State shall include a Union Territory.]

11. On the grant of special leave, the petition for special leave shall, subject to the payment of additional Court-fee, if any, be treated as the petition of appeal and it shall be registered and numbered as such. The provisions contained in Order XV shall, with necessary modifications and adaptations, be applicable to appeals by special leave and further steps in the appeal shall be taken in accordance with the provisions therefor. [11-A The record of the appeal arising out of the petition for special leave shall normally consist of the petition of appeal and the paper book of the Court below, if available, plus such additional documents that the parties may file from the record of the case, if the printed record of the Court below be not available. In that event, no fresh printing of the record shall be necessary, and the original record will be called for, from the Court below for reference of the Court:
24

Provided however, that where in a particular case the Court feels that fresh printing of record is necessary, a specific order to that effect shall be made by the Court at the time of granting special leave to appeal, the provisions contained in Order XV relating to preparation of record shall with necessary modification and adoption apply.] [12. While granting special leave in all matters in which the Bench granting special leave is of the opinion that the matter is capable of being disposed of within a short time, say within an hour or two, it will indicate accordingly. The office shall maintain a separate register of such matters to enable the Chief Justice to constitute a Bench for the disposal of such matters.]
25

Order XVII
26

[APPEALS AND APPLICATIONS BY INDIGENT PERSON]

1. An application for leave to proceed as 2[an indigent person] shall be made on a petition. It shall be accompanied by: (a) a copy of the petition of appeal and the documents referred to in Rule 3 of Order XV, or of the petition for special leave and the documents mentioned in Rule 5 of Order XVI, as the case may be; and (b) an affidavit from the petitioner disclosing all the property to which he is entitled and the value thereof other than his necessary wearing apparel and his interest in the subject-matter of the intended appeal and stating that he is unable to pay Court-fees. 2. The Registrar shall, on satisfying himself that the petition is in order, direct that the petition shall be registered and set down for hearing before the Chamber Judge on a date to be fixed for the purpose. 3. The application shall be posted before the Judge in Chambers who may himself inquire into the [indigency] of the petitioner after notice to the other parties in the case and to the AttorneyGeneral, or make an order directing the High Court either by itself or by a Court subordinate to the High Court, to investigate the 1[indigency] after notice to the parties interested and submit a report thereon within such time as may be fixed by the order. On receipt of the report, the petition shall again be posted before the Judge in Chambers for further orders:
27

Provided that if the applicant was allowed to sue or appeal as 1[an indigent person] in the Court from whose decree the appeal is preferred, no further inquiry in respect of his 1[indigency] shall be necessary, unless this Court sees cause to direct such inquiry. 4. In granting or refusing leave to appeal as 1[an indigent person] the Court, shall ordinarily follow the principles set out in sub-rule (2) of Rule 1 of Order XLIV of the Code. 5. Where a petitioner obtains leave of the Court to appeal as 1[an indigent person] he shall not be required to pay Court fees [on the documents filed in the case or fees payable for service of process. He shall, however, be required to pay fees for obtaining copies of any documents or orders].
28

6. The Judge in Chambers may assign an advocate on record to assist 1[an indigent person] in the case unless the 1[indigent person] has made his own arrangement for his representation. Such assignment shall ordinarily be from a panel of advocates willing to assist 1[indigent persons] and chosen by the Judge in Chambers. It shall however be open to the Judge in Chambers in his discretion to assign an advocate outside the panel in any particular case. 7. (a) No fees shall be payable by 1[an indigent person] to his advocate, nor shall any such fees be allowed on taxation against the other party except by an order of Court. The advocate may, however, receive from the 1[indigent person] money for out of pocket expenses, if any, properly incurred in the case. (b) It shall be open to the Court, if it thinks fit, to award costs against the adverse party or out of the property decreed to 1[an indigent person] and direct payment of such costs to the advocate for the 1[indigent person]. (c) Save as aforesaid no person shall take or agree to take or seek to obtain from 1[an indigent person] any fee, profit or reward for the conduct of his case, and any person who takes, agrees to take or seeks to obtain, any such fee, profit or reward, shall be guilty of Contempt of Court. (d) Soon after 1[an appeal by an indigent person] has been heard and disposed of, the advocate for the 1[indigent person] shall file in the Registry a statement of account showing what moneys, if any, were received by him in the case on any account from the 1[indigent person] or from any person on his behalf and the expenditure incurred. If no moneys had been received, a statement shall be filed to that effect. The Taxing Officer may, where he thinks it necessary, place the statement filed before the Judge in Chambers for his perusal and orders. 8. Where the appellant succeeds in the appeal, the Registrar shall calculate the amount of Courtfees which would have been paid by the appellant if he had not been permitted to appeal as [an indigent person] and incorporate it in the decree or order of the Court; such amount shall be recoverable by the Government of India from any party ordered by the Court to pay the same, and shall be the first charge on the subject-matter of the appeal.
29

9. Where the appellant fails in the appeal or 1[the permission granted to him to sue as an indigent person has been withdrawn], the Court may order the appellant to pay the Court-fees which would have been paid by him if he had not been permitted to appeal as 1[an indigent person.] 10. The Central Government shall have the right at any time to apply to the Court to make an order for the payment of Court-fees under rule 8 or Rule 9. [l0. A. (1) Where the petitioner is not represented by an Advocate of his choice in any petition including a writ petition, civil or criminal, or any other cause, the Court may in a proper case, direct the engagement of an Advocate amicus curiae at the cost of the State. The fee of the Advocate so engaged shall be Rs. 250/- up to the admission stage and a lump sum of not exceeding Rs. 500/- for the final hearing of the case as may be fixed by the Bench hearing the case, and in an appropriate case, the Bench hearing the case may, for the reasons to be recorded in writing, sanction payment of a lump sum not exceeding Rs. 750/- to the said Advocate.
30

(2) After the hearing of the petition is over, the Registrar or Deputy Registrar shall issue to the Advocate amicus curiae a certificate in the prescribed form, indicating therein, the name of the advocate engaged at the cost of the State, and the amount of fees payable to the said Advocate. (3) The State concerned shall pay the fees specified in the certificate issued under sub-rule (2) to the Advocate named therein within three months from the date of his presenting before it his claim for the fees supported by the certificate. If the fees are not paid within the period abovesaid, the Advocate shall be entitled to recover the same from the State concerned by enforcement of the certificate as an Order as to costs under the Supreme Court (Decrees and Orders) Enforcement Order, 1954. ExplanationFor the purpose of this rule the term State shall include a Union Territory]. 11. All matters arising between the Central Government and any party to the appeal under three preceding rules shall be deemed to be questions arising between the parties to the appeal. 12. In every [appeal by an indigent person] the Registrar shall, after the disposal thereof, send to the Attorney-General for India a memorandum of the Court-fees payable by the 1[indigent person.]
31

13. No appeal or other proceeding begun, carried on or defended by 1[an indigent person] shall be compromised or discontinued without the leave of the Court.
Order XVIII PETITIONS GENERALLY

1. Every petition shall consist of paragraphs numbered consecutively and shall be fairly and legibly written, typewritten, lithographed or printed on one side of standard petition paper, demyfoolscap size, or of the size of 29.7 cm 21 cm or on paper ordinarily used in High Courts for transcribing petitions, with quarter margin, and endorsed with the name of the Court appealed from, the full title and

Supreme Court number of the appeal or matter to which the petition relates and the name and address of the advocate on record of the petitioner or of the petitioner where the petitioner appears in person. The petitioner shall file alongwith his petition such number of copies thereof as may be required for the use of the Court. 2. Where a petition is expected to be lodged, or has been lodged, which does not relate to any pending appeal of which the record has been registered in the Registry of the Court, any person claiming a right to appear before the Court on the hearing of such petition may lodge a caveat in the matter thereof, and shall thereupon be entitled to receive from the Registrar notice of the lodging of the petition if at the time of the lodging of the caveat such petition has not yet been lodged and, if and when the petition has been lodged, to require the petitioner to serve him with copy of the petition and to furnish him, at his own expense, with copies of any papers lodged by the petitioner in support of his petition. The caveator shall forthwith after lodging his caveat, give notice thereof to the petitioner, if the petition has been lodged. 3. Where a petition is lodged in the matter of any pending appeal of which the record has been registered in the Registry of the Court, the petitioner shall serve any party who has entered an appearance in the appeal, with a copy of such petition and the party so served shall thereupon be entitled to require the petitioner to furnish him at his own expense, with copies of any papers lodged by the petitioner in support of his petition. 4. A petition other than memorandum of appeal containing allegations of fact which cannot be verified by reference to the record in the Court shall be supported by an affidavit. 5. The Registrar may refuse to receive a petition other than a petition under Article 332 of the Constitution on the ground that it discloses no reasonable cause or is frivolous, or contains scandalous matter but the petitioner may appeal, by way of motion, from such refusal to the Court. 6. As soon as all necessary documents are lodged, the petition shall be set down for hearing. 7. Subject to the provisions of Rule 8, the Registrar shall, as soon as the Court has appointed a day for the hearing of a petition, notify the day appointed on the notice board of the Court. 8. Where the prayer of a petition is consented to in writing by the opposite party, or where a petition is of a formal and non-contentious character, the Court may, if it thinks fit, make an order thereon without requiring the attendance of the parties, but the Registrar shall with all convenient speed, after the Court has made its order, notify the parties that the order has been made and of the date and nature of such order. 9. A petitioner who desires to withdraw his petition shall give notice in writing to that effect to the Registrar. Where the petition is opposed the opponent shall, subject to any agreement between the parties to the contrary, be entitled to apply to the Court for his costs, but where the petition is unopposed or where, in the case of an opposed petition, the parties have come to an agreement as to the costs of the petition, the petition may, if the Court thinks fit, be disposed of in the same way mutatis mutandis as a consent petition under the provisions of Rule 8.

10. Where a petitioner unduly delays the bringing of a petition to a hearing the Registrar shall call upon him to explain the delay, and if no explanation is offered, or if the explanation offered is, in the opinion of the Registrar, insufficient, the Registrar may, after notifying all parties, who have entered appearance, place the petition before the Court for such directions as the Court may think fit to give thereon. 11. At the hearing of a petition not more than one advocate shall be heard on one side.
Order XIX HEARING OF APPEALS

1. Subject to the directions of the Court, at the hearing of an appeal not more than two advocates shall be heard on one side.
32

[2. Deleted.]

3. Where the Court after hearing an appeal, decides to reserve its judgment thereon, the Registrar shall notify the parties through their advocates on record of the day appointed by the Court for the delivery of the judgment. 4. (a) An appellant whose appeal has been dismissed for default of appearance may, within thirty days of the order, present a petition praying that the appeal may be restored and the Court may, after giving notice of such application to the respondent who has entered appearance in the appeal, restore the appeal if good and sufficient cause is shown, putting the appellant on terms as to costs or otherwise as it thinks fit, or pass such order as the circumstances of the case and the ends of justice may require. (b) Where an appeal is heard ex parte and judgment is pronounced against the respondent, he may apply to the Court to re-hear the appeal, and if he satisfies the Court that the appeal was set down ex parte against him without notice to him or that he was prevented by sufficient cause from appearing when the appeal was called on for hearing the Court may re-hear the appeal on such terms as to costs or otherwise as it thinks fit to impose upon him.
Order XX MISCELLANEOUS

1. The filing of appeal shall not prevent execution of the decree or order appealed against but the Court, may subject to such terms and conditions as it may think fit to impose, order a stay of execution of the decree or order, or order a stay of proceedings, in any case under appeal to the Court. 2. A party to an appeal m person shall furnish the Registrar with an address for service and all documents left at that address, or sent by registered post to that address, shall be deemed to have been duly served.

[3. In cases where intervention is allowed by the Court, the inter vener or interveners may file written submissions prior to the hearing of the matter but shall not be entitled to address any oral arguments, unless otherwise directed by the Court.]
33 34

Order XX-A

APPEALS UNDER SECTION 55 OF THE MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT, 1969 (54 OF 1969)

1. The petition of appeal shall recite succinctly and clearly all the relevant facts leading up to the order appealed from, and shall set forth in brief the objections to the order appealed from and the grounds relied on in support of the appeal. The petition shall also state the date of the order appealed from as well as the date on which it was received by the appellant. 2. The petition of appeal shall be accompanied by: (i) an authenticated copy of the order appealed from; and (ii) at least seven spare sets of the petition and the papers filed with it. 3. After the appeal is registered, it shall be put up for hearing ex parte before the Court which may either dismiss it summarily or direct issue of notice to all necessary parties, or may make such orders as the circumstances of the case may require. 4. Within ten days of the receipts by it of the notice the Central Government or the Commission, as the case may be, shall transmit to the Court the entire original record relating to the order appealed from.
Preparation of Record

[5. After the receipt of the original record, the Registrar shall, with all convenient speed in consultation with the parties to the appeal, select the documents necessary and relevant for determining the appeal and cause sufficient number of copies of the said record to be typed or cyclostyled (if it is less than 100 pages) or printed at the expense of the appellant.]
35

6. (1) The record of the appeal shall be printed in accordance with the rules contained in the First Schedule to these rules. (2) Save as otherwise provided by the rules contained in this Order the provisions of Order XV relating to the printing and preparation of record in civil appeals shall, as far as may be, apply to the printing and preparation of records in appeals under the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969). 7. Save as otherwise provided by the rules contained in this Order, the provisions of other Orders shall apply so far as may be, to appeals under Section 55 of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969).

36

Order XX-B

APPEALS UNDER CLAUSE (b) OF SECTION 130-E OF THE CUSTOMS ACT, 1962 (52 OF 1962) AND SECTION 35-L OF THE CENTRAL EXCISE AND SALT ACT, 1944 (1 OF 1944)

1. The petition of appeal shall, subject to the provisions of Sections 4, 5 and 12 of the Limitation Act, 1963 (36 of 1963) be presented within sixty days from the date of the order sought to be appealed against or within sixty days from the date on which the order sought to be appealed against is communicated to the appellant, whichever is later: Provided that in computing the said period, the time requisite for obtaining a copy of such order shall be excluded. 2. Rules 1 to 7 of Order XX-A of the rules relating to appeals under Section 55 of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) shall, with necessary modifications and adaptations, apply to appeals under this order.
37

Order XX-C

APPEALS UNDER SECTION 14 OF THE TERRORIST EFFECTED AREAS (SPECIAL COURTS) ACT, 1984

1. The petition of Appeal shall, subject to the provisions of Sections 4, 5 and 12 of the Limitation Act, 1963 (36 of 1963) be presented within a period of thirty days from the date of judgment, sentence or order appealed from: Provided that in computing the said period, the time requisite for obtaining, a copy of the said judgment, sentence or order, shall be excluded: Provided further that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant has sufficient cause for not preferring the appeal within the period of thirty days. 2. The petition of appeal shall be registered and numbered as soon as it is found to be in order and the Registry shall immediately thereafter issue notice of lodgment of petition of appeal to the respondents with a copy to the Standing Counsel of the State concerned. 3. The notice of lodgment of petition of appeal shall specify the date fixed for hearing the appeal which shall be two weeks from the date of lodgment of the petition of appeal. 4. The Registry shall, immediately on the issue of the notice of lodgment of petition of appeal, ask the Special Court concerned to transmit to this Court within ten days the entire original record relating to the appeal.

5. The appeal shall be listed before the Court for final hearing at the top of the daily list on the date fixed irrespective of whether the State has entered appearance or not and whether the record has been received or not from the Special Court concerned. 6. The appeal shall be heard on the paper books filed by the Counsel. The original records shall be placed before the Court at the hearing of the appeal. 7. Save as otherwise provided by the rules contained in this Order, the provisions of Order XXI relating, to Criminal Appeals shall, as far as may be, apply to appeals filed under Section 14 of the Terrorist Affected Areas (Special Courts) Act, 1984.
38

Order XX-D

APPEALS UNDER SECTION 16 OF THE TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1985

1. The petition of appeal shall, subject to the provisions of Sections 4, 5 and 12 of the Limitation Act, 1963 (36 of 1963) be presented within a period of thirty days from the date of the judgment, sentence or order appealed from: Provided that in computing the said period, the time requisite for obtaining a copy of the said judgment, sentence or order, shall be excluded: Provided further that the Court may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant has sufficient cause for not preferring the appeal within the period of thirty days. 2. The petition of appeal shall be registered and numbered as soon as it is found to be in order and the Registrar shall immediately thereafter issue the notice of lodgment of the petition of appeal to the respondents with a copy to the Standing Counsel for the State concerned. 3. The notice of lodgment of petition of appeal shall specify the date fixed for the hearing of the appeal which shall be two weeks from the date of lodgment of the petition of appeal. 4. The Registrar shall, immediately on the issue of the notice of lodgment of petition of appeal, ask the Designated Court concerned to transmit to this Court within ten days the entire original record relating to the appeal. [5. The paper book shall be prepared by the State concerned and filed within thirty days from the settlement of index and the appeal shall be heard on the paper books filed by the State Government. The original record shall be placed before the Court at the hearing of the appeal.]
39

6. The appeal shall be listed before the Court for final hearing at the top of the daily list on the date fixed irrespective of whether the State has entered appearance or not and whether the record has been received or not from the Designated Court concerned.

7. Save as otherwise provided by the rules contained in this Order, the provisions of Order XXI relating to the Criminal Appeals shall, as far as may be, apply to the appeals filed under this Order. 8. The Court shall hear and dispose of, under Section 17(3) of the Act, read with the provisions of Sections 366 to 371 and 392 of the Code of Criminal Procedure, 1973, a case submitted by a Designated Court for confirmation of the sentence of death awarded by such Designated Court.
40

Order XX-E

APPEALS UNDER SECTION 17 OF THE TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987

1. Rules 1 to 7 of the Order XX-D of the Rules, relating to the appeals under the Terrorist and Disruptive Activities (Prevention) Act, 1985, shall, with the necessary modifications and adaptations, apply to the appeals under this order. 2. The Court shall hear and dispose of, under Section 18(6) of the Terrorist and Disruptive Activities (Prevention) Act, 1987, read with the provisions of Sections 366 to 371 and 392 of the Code of Criminal Procedure, 1973, a case submitted by a Designated Court for confirmation of the sentence of death awarded by such Designated Court.
41

Order XX-F

APPEALS UNDER SECTION 23 OF THE CONSUMER PROTECTION ACT, 1986 (68 OF 1986)

1. The petition of appeal from an order made by the National Consumer Disputes Redresseal Commission (hereinafter referred to as The National Commission) under sub-clause (i) of clause (a) of Section 21 of the Consumer Protection Act, 1986 (68 of 1986) shall, subject to the provisions of Sections 4, 5 and 12 of the Limitation Act, 1963 (36 of 1963) be presented by an aggrieved person within thirty days from the date of the order sought to be appealed against: Provided that computing the said period, the time requisite for obtaining a copy of such order shall be excluded. 2. The petition of appeal shall recite succinctly and clearly all the relevant facts leading up to the order appealed from, and shall set forth in brief the objections to the order appealed from and the grounds relied on in support of the appeal. The petition shall also state the date of the order appealed from as well as the date on which it was received by the appellant. 3. The petition of appeal shall be accompanied by: (i) an authenticated copy of the order appealed from; and (ii) at least seven spare sets of the petition and the papers filed with it.

4. After the appeal is registered, it shall be put for hearing ex parte before the Court which may either dismiss it summarily or direct issue of notice to all necessary parties or may make such orders as the circumstances of the case may require. 5. A fixed Court fee of Rs. 250/- shall be payable on the petition of appeal under this order. 6. Save as otherwise provided by the rules contained in this order, the provisions of other orders shall apply so far as may be, to appeals under Section 23 of the Consumer Protection Act, 1986 (68 of 1986).
(B) CRIMINAL APPEALS Order XXI SPECIAL LEAVE PETITIONS IN CRIMINAL PROCEEDINGS AND CRIMINAL APPEALS Special Leave Petitions

1. (1) Where leave to appeal to the Court was refused in a case by the High Court, a petition for special leave to appeal shall, subject to the provisions of Sections 4, 5, 12 and 14 of the Limitation Act, 1963 (36 of 1963), be lodged in the Court within sixty days from the date of order of refusal and [in any other case not involving sentence of death, within ninety days form the date of judgment or order sought to be appealed from and in a case involving sentence of death within sixty days from the date of judgment or order sought to be appealed from]:
42

Provided that where an application for leave to appeal to the High Court from the Judgment of single Judge of that Court has been made and refused, in computing the period of limitation in that case under this rule, the period from the making of that application and the rejection thereof shall also be excluded. ExplanationFor purposes of this rule the expression order of refusal means an order refusing to grant the certificate under Article 134-A of the Constitution, being a certificate of the nature] referred to in Article 132 or Article 134, as the case may be, of [the Constitution on merits and shall not include an order rejecting the application on the ground of limitation or on the ground that such an application is not maintainable.
43 44

(2) Where the period of limitation is claimed from the date of refusal of a certificate, it shall not be necessary to file the order refusing a certificate, but the petition for special leave shall be accompanied by an affidavit stating the date of the Judgment sought to be appealed from, the date on which the application for a certificate was made to the High Court, the date of the order refusing the certificate and the ground or grounds on which the certificate was refused and in particular whether the application for a certificate was dismissed as being out of time.
45

[2. Omitted.]
46

3. [(l) The petition shall state succinctly and clearly all such facts as may be necessary to enable the Court to determine whether special leave to appeal ought to be granted and shall be signed by

the advocate on record for the petitioner unless the petitioner appears in person. The petition shall also state whether the petitioner has moved the High Court concerned for leave to appeal against its decision, and if so, with what result. (2) No petition shall be entertained by the Registry unless it contains a statement as to whether the petitioner had filed any petition for special leave to appeal against the impugned Judgment or order earlier, and if so, with what result, duly supported by an affidavit of the petitioner or his pairokar only. (3) The Court shall, if it finds that the petitioner has not disclosed the fact of filing a similar petition earlier and its dismissal by this Court, dismiss the second petition if it is pending or if special leave has already been granted therein, revoke the same. (4) The petition shall be accompanied by: (1) a certified copy of the judgment or order appealed from; and (2) an affidavit in support of the statement of facts contained in the petition.] 5. (1) No annexures to the petition shall be accepted unless such annexures are certified copies of documents which have formed part of the record in the Court or Tribunal sought to be appealed from provided that uncertified copies of documents may be accepted as annexures if such copies are affirmed to be true copies upon affidavit. (2) The High Court or the Tribunal concerned shall, on application by a petitioner intending to apply for special leave grant him free of cost a certified copy of the Judgment or order sought to be appealed from. 6. Where the petitioner has been sentenced to a term of imprisonment, the petition shall state whether the petitioner has surrendered. Where the petitioner has not surrendered to the sentence, the petition shall not be posted for hearing unless the Court, on a written application for the purpose, orders to the contrary. [Where the petition is accompanied by an application for exemption from surrendering, that application alone shall be posted for hearing orders before the Court in the first instance.]
47

7. Unless a caveat as prescribed by Rule 2 of Order XVIII has been lodged by the other parties who appeared in the Court below, petitions for grant of special leave shall be put up for hearing ex parte, but the Court, if it thinks fit, may direct issue of notice to the respondent and adjourn the hearing of the petition. 8. (1) If the petitioner is in jail and is not represented by an advocate on record he may present his petition for special leave to appeal together with the certified copy of the judgment and any written argument which he may desire to advance to the officer-in-charge of the jail, who shall forthwith forward the same to the Registrar of this Court. Upon receipt of the said petition, the Registrar of the Court shall, whenever necessary call, from the proper officer of the Court or the

Tribunal appealed from, the relevant documents for determination of the petition for special leave to appeal. (2) As soon as all necessary documents are available the Registrar shall, assign an Advocate from a panel of amicus curiae and thereafter place the petition and complete documents for hearing before the Court. 2[The fee of the advocate so engaged shall be Rs. 250/- up to the admission stage and a lump sum not exceeding Rs. 500/- for the hearing of the appeal arising therefrom, as may be fixed by the Bench hearing the appeal, and in an appropriate case, the Bench hearing the case may for the reasons to be recorded in writing, sanction payment of a lump sum not exceeding Rs. 750/-.]
48

[Explanation:For the purpose of this rule, the term State shall include a Union Territory.]

[(3) After the hearing of the petition or the appeal, as the case may be, is over, the Registrar or the Deputy Registrar shall issue to the Advocate amicus curiae a certificate in the prescribed form indicating therein the name of the said Advocate engaged at the cost of the State concerned and the amount of fees payable to the said advocate.
49

(4) The State concerned shall pay the fees specified in the certificate issued under sub-rule (3) to the Advocate named therein within three months from the date of his presenting before it his claim for the fees supported by the certificate. If the fees are not paid within the period abovesaid, the Advocate shall be entitled to recover the same from the State concerned by enforcement of the certificate as an order as to costs under the Supreme Court (Decrees and Orders) Enforcement Order, 1954. Explanation:For the purposes of this rule the term State shall include a Union Territory.] 9. On the granting of the special leave, the petition for special leave shall be treated as the petition of appeal and shall be registered and numbered as such. [9-A. While granting special leave, in all matters in which the Bench granting special leave is of the opinion that the matter is capable of being disposed of within a short time, say, within an hour or two, it will indicate accordingly. The office shall maintain a separate register of such matters to enable the Chief Justice to constitute a Bench for the disposal of such matters.]
50

10. Upon an order being made granting special leave to appeal, the Registrar shall transmit to the Court appealed from, a certified copy of the order together with a certified copy of the petition for special leave, and the affidavit, if any, filed in support thereof. 11. On receipt of the said order, the Court appealed from shall give notice of the order to the respondent and require the parties to take all necessary steps to have the record of the case transmitted to the Court in accordance with the directions contained in the order granting special leave. The Registrar of the Court appealed from shall certify to the Registrar of the Court that the respondent has received notice of the order of the Court granting special leave to appeal.

Criminal Appeals

12. [Every criminal appeal in which a certificate of the nature referred to in clause (1) of Article 132 or sub-clause (c) of clause (1) of Article 134 has been granted under Article 134-A of the Constitution] shall be lodged in the Court within sixty days from the date of the certificate granted by the High Court, and every appeal under Article 134(l)(a) and (b) of the Constitution or under any other provision of law within sixty days from the date of the Judgment, final order or sentence appealed from:
51

Provided that in computing the period, the time requisite for obtaining a copy of the judgment or order appealed from, and where the appeal is on a certificate, of the certificate, and the order granting the certificate shall be excluded: Provided further that the Court may, for sufficient cause shown extend the time. 13. (1) The memorandum of appeal shall be in the form of a petition. It shall state succinctly and briefly, and as far as possible, in chronological order, the principal steps in the proceedings from its commencement till its conclusion in the High Court. [(2) The petition of appeal shall be accompanied by a certified copy of the judgment or order appealed from and in the case of an appeal on a certificate also of the certificate granted by the High Court, and of the order granting the said certificate. In appeals falling under any of the categories enumerated in sub-rule (1) of Rule 15, however, in addition to the documents mentioned above, a certified copy (or uncertified copy if such copy is affirmed to be true copy upon affidavit) of the judgment or order of the Court immediately below shall also be filed before the appeal is listed for hearing ex parte. At least seven copies of the aforesaid documents shall be filed in the Registry.]
52

[13A. Where the appellant has been sentenced to a term of imprisonment, the petition of appeal shall state whether the appellant has surrendered. Where the appellant has not surrendered to the sentence, the appeal shall not be registered, unless the Court, on a written application for the purpose, orders to the contrary. Where the petition of appeal is accompanied by such an application, the application shall first be posted for hearing before the Court for orders.]
53

14. Where the appellant is in jail, he may present his petition of appeal and the documents mentioned in Rule 13 including any written argument which he may desire to advance to the officer-in-charge of the jail, who shall forthwith forward the same to the Registrar of the Court.
1

[15. (1) The petition of appeal shall be registered and numbered as soon as it is [found to be in order]. Each of the following categories of appeals, on being registered, shall be put for hearing ex parte before the Court, which may either dismiss it summarily or direct issue of notice to all necessary parties, or may make such orders, as the circumstances of the case may require, namely:
54

(a) an appeal from any judgment, final order or sentence in a criminal proceeding of a High Court summarily dismissing the appeal or the matter, as the case may be before it;

(b) an appeal on a certificate granted by the High Court 3[under Article 134A of the Constitution being a certificate of the nature referred to in clause (1) of Article 132 or sub-clause (c) of clause (1) of Article 134 of the Constitution or] under any other provision of law if the High Court has not recorded the reasons or the grounds for granting the certificate.
55

[(c) Deleted.

(d) Deleted.] [(e) an appeal under clause (b) of sub-section (1) of Section 19 of Contempt of Courts Act, 1971 (70 of 1971).]
56

(2) On the registration of the appeal and in the appeals falling under sub-rule (1) as soon as notice is directed to be issued, the Registrar shall send a copy of the petition of appeal and the accompanying papers, if any, to the High Court or the Tribunal concerned; and shall cause notice of the appeal to be given, where the appeal is by a convicted person to the Attorney-General for India or to the Advocate-General or the Government Advocate of the State concerned, or to both as the case may require, and in cases where the appeal is by the Government to the accused and in cases under Section 467B of the Code of Criminal Procedure, 1898 to the respondent.] 16. The respondent may enter appearance in the Court within thirty days of the service of the notice of lodgment of the petition of appeal on him.
Preparation of the Record

17. The record of the appeal shall be printed in accordance with the rules contained in the First Schedule to these rules, and unless otherwise by the Court, it shall be printed under the supervision of the Registrar of this Court and at the expense of the appellant. In appeals involving sentence of death and in other cases in which the Court thinks fit so to direct the record shall be printed at the expense of the State concerned. [17-A. The record of appeal arising out of the petition for special leave to appeal shall normally consist of the petition of appeal and the paper-book of the Court below, if available plus such additional documents that the parties may file from the record of the case, if the printed record of the Court below be not available. In that event, no fresh printing of the record shall be necessary, and the original record will be called for, from the Court below for reference of the Court:
57

Provided, however, that where the records are printed for the purpose of the appeal before the High Court, the High Court prepare 10 extra copies in addition to the number of copies required by the High Court for use in the Court, if the said record be in English: Provided further that where in a particular case the Court feels that fresh printing of record is necessary, a specific order to that effect shall be made by the Court at the time of granting special leave to appeal, and the provisions contained in Order XV relating to preparation of record shall with necessary modification and adaptation apply.]

18. (1) Save as otherwise provided for in the rules, the provisions contained in Order XV relating to the printing and preparation of the record in civil appeals shall with necessary modifications and adaptations apply to the printing and preparation of records in Criminal Appeals. [(2) In all cases where the record has been printed for the purposes of the appeal before the High Court or other proceedings all available copies of the printed record except one, if the record be in English, shall be despatched to this Court along with the entire original record including the records of the Court below. One of such copies shall be duly authenticated by the Registrar of the Court appealed from.
58

(3) If a minimum number of 5 copies of the said printed record is available no fresh printing of the record shall be necessary except of such additional papers as may be required. Explanation:For the purposes of this rule the original record shall not include judgments of the High Court and the Courts below, but only duly authenticated copies thereof. Explanation:Printing for the purpose of this rule includes cyclostyling and typing and printed record includes cyclostyled or typed record. (4) Two copies of the High Court paper book if available for despatch to this Court shall be treated as transcript record for the purpose of printing in this Court. In that event only such of the additional documents as the parties choose to include for the hearing of the appeal in this Court shall be typed in duplicate and transmitted to this Court along with the High Court paper books, one copy of each of which shall be duly authenticated. (5) For the purpose of transcript record proper of the appeal, to be laid before this Court, such of the documents in vernacular as have already been translated for the purpose of the High Court appeal and which are included in the High Court appeal paper book need not be translated again.] 19. Where the appellant fails to take necessary steps to have the record prepared and transmitted to the Court with due diligence, the Registrar of the Court appealed from shall report the default to the Registrar of this Court and the Registrar of this Court may thereupon issue a summons to the appellant calling upon him to show cause before the Court on a date to be specified in the summons why the appeal should not be dismissed. The Court may thereupon dismiss the appeal for non-prosecution or pass such orders as the justice of the case may require. 20. Where an appeal has been dismissed for non-prosecution, the appellant may, within thirty days of the order, present a petition praying that the appeal may be restored and the Court may, after giving notice of the application to the respondent, if he has entered appearance, restore the appeal if good and sufficient cause is shown. 21. (1) In the event of the Court ordering the printing of the record under the supervision of the Registrar of the Court appealed from, he shall despatch to the Registrar of this Court unless otherwise directed by this Court, not less than 15 copies where the appeal raises a question as to the interpretation of the Constitution, and not less than 10 copies in other cases. In the event of

the Record being printed in this Court the Registrar will fix the number of copies to be printed for the use of this Court. (2) In all cases involving a sentence of death the printed record shall be made ready and despatched to this Court within a period of 60 days after the receipt of the intimation from the Registrar of this Court of the filing of the petition of appeal or of the order granting special leave to appeal. 22. As soon as the record is ready the Registrar concerned shall give notice thereof to the parties to the appeal, and where the record is prepared under the supervision of the Registrar of the Court appealed from the said Registrar shall after service of the notice, send to the Registrar of this Court a certificate as to the date or dates on which the notice has been served.
Hearing of the Appeal

23. Each party who has entered appearance shall be entitled to two copies of the record for his own use. 24. Unless otherwise ordered by the Court the appeal shall be set down for hearing thirty days after the expiry of the time prescribed for entering appearance by the respondent. [25. Where the accused person is not represented by an Advocate on Record of his choice the Court may, in a proper case direct the engagement of an Advocate at the cost of the Government. The fee of the Advocate so engaged shall be a lump sum not exceeding Rs. 500/- as may be fixed by the Bench hearing the case, and in an appropriate case the Bench hearing the case may, for the reasons to be recorded in writing, sanction payment of a lump sum not exceeding Rs. 750/-.
59

25-A. (1) After the hearing of the appeal, the Registrar or the Deputy Registrar shall issue to the Advocate appointed at the cost of the State a certificate in the prescribed form indicating therein the name of the said Advocate and the amount of fees payable to the said Advocate. (2) The State concerned shall pay the fees specified in the certificate issued under sub-rule (1) to the Advocate named therein within three months from the date of his presenting before it his claim for the fee supported by the said certificate. If the fees are not paid within the period abovesaid, the Advocate shall be entitled to recover the same from the State concerned by the enforcement of the certificate as an Order as to costs under the Supreme Court (Decrees and Orders) Enforcement Order, 1954. Explanation:For the purposes of this rule, the term State shall include a Union Territory.] 26. (1) Due notice shall be given to the accused, where he is not represented, of the date fixed for the hearing of the appeal. The accused person may, if he so wishes present his case by submitting his arguments in writing and the same shall be considered at the hearing of the appeal. (2) It shall not be necessary for an accused person in custody to be produced before the Court at the hearing unless the Court thinks fit in the interest of justice to direct him to be produced to enable him to argue his case or for other reasons.

27. Pending the disposal of any appeal under these rules the Court may order that the execution of the sentence or order appealed against be stayed on such terms as the Court may think fit. 28. After the appeal has been disposed of, the Registrar shall, with the utmost expedition, send a copy of the Courts judgment or order to the High Court or Tribunal concerned. 29. In criminal proceedings, no Court-fee, process fee, or search fee shall be charged, and an accused person shall not be required to pay copying charges except for copies other than the first. 1. Rules amended by Delhi High Court vide Notification No. 124/Rules dated 20-5-1975. 2. Amended by Notification No. 124/Rules, dated 20-5-1975 of Delhi High Court. 3. Substituted vide G.S.R. 506 dated 21-5-1981 (w.e.f. 30-5-1981). 4. Inserted vide G.S.R. 705 dated 8-5-1971 (w.e.f. 1-7-1971). 5. Substituted vide G.S.R. 705 dated 8-5-1971 (w.e.f. 1-7-1971). 6. Added vide G.S.R. 705 dated 8-5-1971 (w.e.f. 1-7-1971). 7. Deleted vide G.S.R. 506 dated 21-5-1981 (w.e.f. 30-5-1981). 8. Substituted vide G.S.R. 506 dated 21-5-1981 (w.e.f. 30-5-1981). 9. Inserted vide G.S.R. 1024 dated 9-8-1978 (w.e.f. 19-8-1978). 10. Deleted vide G.S.R. 466 dated 22-6-1983 (w.e.f. 2-7-1983). 11. Substituted vide G.S.R. 466 dated 22-6-1983 (w.e.f. 2-7-1983). 12. Substituted vide G.S.R. 705 dated 8-5-1971 (w.e.f. 1-7-1971). 13. Inserted vide G.S.R. 189(E) dated 15-3-1991 (w.e.f. 30-3-1991). 14. Substituted vide G.S.R. 189(E) dated 15-3-1991 (w.e.f. 30-3-1991). 15. Deleted vide G.S.R. 466 dated 22-6-1983 (w.e.f. 2-7-1983). 16. Substituted vide G.S.R. 466 dated 22-6-1983 (w.e.f. 2-7-1983). 17. Added vide G.S.R. 541 dated 26-6-1987 (w.e.f. 18-7-1987). 18. Substituted vide G.S.R. 506 dated 21-5-1981 (w.e.f. 30-5-1981). 19. Omitted vide G.S.R. 1024 dated 9-8-1978 (w.e.f. 19-8-1978).

20. Substituted vide G.S.R. 995 dated 8-12-1982 (w.e.f. 25-12-1982). 21. Inserted vide G.S.R. 189(E) dated 15-3-1991 (w.e.f. 30-3-1991). 22. Inserted vide G.S.R. 189 dated 15-3-1991 (w.e.f. 30-3-1991). 23. Added cide G.S.R. 541 dated 26-6-1987 (w.e.f. 18-7-1987). 24. Added vide G.S.R. 189 dated 15-3-1991 (w.e.f. 30-3-1991). 25. Inserted vide G.S.R. 387 dated 13-3-1978 (w.e.f. 18-3-1978). 26. Substituted vide G.S.R. 994 dated 8-12-1982 (w.e.f. 25-12-1982). 27. Substituted vide G.S.R. 994 dated 8-12-1982 (w.e.f. 25-12-1982). 28. Substituted vide G.S.R. 466 dated 22-6-1983 (w.e.f. 2-7-1983). 29. Substituted vide G.S.R. 994 dated 8-12-1982 (w.e.f. 25-12-1982). 30. Added vide G.S.R. 994 dated 26-6-1987 (w.e.f. 18-7-1987). 31. Substituted vide G.S.R. 994 dated 8-12-1982 (w.e.f. 25-12-1982). 32. Deleted vide G.S.R. 466 dated 22-6-1983 (w.e.f. 2-7-1983). 33. Inserted vide G.S.R. No. 14 dated 3-1-1984 (w.e.f. 14-1-1984). 34. Order XX-A inserted vide G.S.R. 73 dated 7-1-1971 (w.e.f. 16-1-1971). 35. Substituted vide G.S.R. 189 dated 15-3-1991 (w.e.f. 30-3-1991). 36. Order XX-B inserted vide G.S.R. 322 dated 14-4-1983 (w.e.f. 23-4-1983). 37. Order XX-C inserted vide G.S.R. 96(E) dated 16-2-1987 (w.e.f. 16-2-1987). 38. Order XX-D inserted vide G.S.R. 541 dated 26-6-1987 (w.e.f. 18-7-1987). 39. Substituted vide G.S.R. 821 dated 22-9-1987 (w.e.f. 7-11-1987). 40. Order XX-E inserted vide G.S.R. 821 dated 22-9-1987 (w.e.f. 7-11-1987). 41. Order XX-F inserted vide G.S.R. 409 dated 3-7-1990 (w.e.f. 7-7-1990). 42. Substituted vide G.S.R. 446 dated 22-6-1983 (w.e.f. 2-7-1983).

43. Substituted vide G.S.R. 506 dated 21-5-1986 (w.e.f. 30-5-1981). 44. Substituted vide G.S.R. 506 dated 21-5-1986 (w.e.f. 30-5-1981). 45. Omitted vide G.S.R. 1024 dated 9-8-1978 (w.e.f. 19-8-1978). 46. Substituted vide G.S.R. 995 dated 8-12-1982 (w.e.f. 25-12-1982). 47. Substituted vide G.S.R. 541 dated 26-6-1987 (w.e.f. 18-7-1987). 48. Added vide G.S.R. 2746 dated 6-12-1969 (w.e.f. 13-12-1969). 49. Added vide G.S.R. 541 dated 26-6-1987 (w.e.f. 18-7-1987). 50. Inserted vide G.S.R. 387 dated 13-3-1978 (w.e.f. 18-3-1978). 51. Substituted vide G.S.R. 506 dated 21-5-1981 (w.e.f. 30-5-1981). 52. Substituted vide G.S.R. 705 dated 8-5-1971 (w.e.f. 1-7-1971). 53. Inserted by G.S.R. 466 dated 22-6-1983 (w.e.f. 2-7-1983). 543. Substituted vide G.S.R. 506 dated 21-5-1981 (w.e.f. 30-5-1981). 55. Deleted vide G.S.R. 506 dated 21-5-1981 (w.e.f. 30-5-1981). 56. Amended vide G.S.R. 96(E) dated 16-2-1987 (w.e.f. 16-2-1987). 57. Added vide G.S.R. 189(E) 15-3-1991 (w.e.f. 30-3-1991). 58. Added vide G.S.R. 189(E) dated 15-3-1991 (w.e.f. 30-3-1991). 59. Substituted vide G.S.R. 541 dated 26-6-1987 (w.e.f. 18-7-1987).

CHAPTER 9
Ch. 9

Miscellaneous
Part A]

Part A RULES FOR THE DISPOSAL OF EXECUTIVE AND ADMINISTRATIVE BUSINESS

1. Administrative BusinessThe Honourable the Chief Justice shall be in control of the administrative and executive work of the High Court and its distribution amongst the Honourable Judges. 2. Matters which shall be disposed of at a Judges meetingNotwithstanding anything contained in the preceding Rule, the following matters shall invariably be taken up and disposed of at a meeting of the Honourable Judges: (i) All matters involving question of principle and policy; (ii) All cases relating to amendment to be made to existing laws or to the statutory rules of the Court; (iii) All matters concerning the High Court as such or all the Honourable Judges; (iv) All matters on which the opinion of all the Honourable Judges is invited by Government; (v) The suspension of Subordinate Judges and District and Sessions Judges; (vi) The promotion of Subordinate Judges and District and Sessions Judges, in cases where it is proposed to pass over an officer; (vii) Recommendations for the grant of pensions to Subordinate Judges and District and Sessions Judges, where it is proposed to recommend that the full pension earned be not allowed. (viii) Annual confedintal remarks on the work of District and Sessions Judges. (ix) Any other matter which may be referred by the Honourable the Chief Justice to a meeting of the Honourable Judges.

COMMENTS Reference in the Chapter 9-A to the High Court, the Honble Judges of the High Court and Chief Justice clearly indicates that where the term High Court was used, it may mean the High Court but subject to the power of the Chief Justice to transact business as the administrative head of the High Court and where the references are to the Honble Judges, it is for all the Judges in a meeting and some of the functions referred to in Rule 2 of the said Chapter have to be transacted in the meeting of the Honble Judges.

3. Referring a matter to Judges meetingThe Honourable Judge placed in charge of any branch of the executive or administrative business of the Court may refer any matter relating to that branch to a meeting of the Honourable Judges. 4. Holding of Judges meetingsMeeting of all the Honourable Judges shall be called by Honourable the Chief Justice when there is business for such meetings. 5. Quorum of Judges9 meetingAt all meetings of Honourable Judges, three Judges shall form a quorum. The Honourable Judges present at a meeting, if three or more, may dispose of all the business, for the disposal or consideration of which such meeting was called, and such disposal shall be deemed to be disposal by the Court. 6. Mode of decision in case of difference of opinionIn case of difference of opinion at a meeting the decision shall be in accordance with the opinion of the majority of the Honourable Judges present, and in case the Honourable Judges present, be equally divided the Honourable the Chief Justice or in his absence the Senior Judge present, shall have a casting vote. 7. Record of proceedings of Judges meetingsThe Registrar or in his absence the Deputy Registrar, shall attend all Judges Meetings, and shall record the proceedings at such meetings. 8. Circulation of proceedings of Judges meetingsAs soon as conveniently may be, after the proceedings of a meeting have been recorded and signed by the Registrar or Deputy Registrar, as the case may be, they shall be signed by the Honourable the Chief Justice and circulated to the Honourable Judges in order of juniority. 9. Custody of proceedings of Judges meetingsThe original proceedings of the meeting shall be kept in the General Record Room in a separate file and shall not be removed from the Court building except by the Registrar with the sanction of the Honourable the Chief Justice. 10. Delegation of powers to Registrar or Deputy RegistrarThe Honourable the Chief Justice may empower any person holding the post of Registrar or Deputy Registrar of the High Court by name, to perform all or any of the duties of a Judge in charge of any branch of the executive and administrative business of the Court. 11. Administrative business during vacationDuring the vacation the administrative and executive work of the High Court may be carried out by the senior Vacation Judge present at the Court, who may in his discretion pass such orders as may be necessary; provided that any matters decided by a Vacation Judge under this Rule, which would otherwise fall for decision by all the Honourable Judges or by the Honourable the Chief Justice shall be referred to all the

Honourable Judges or the Honourable the Chief Justice, as the case may be for confirmation after the vacations.
Part B]

Part B PROCEDURE FOR MAKING RULES UNDER PART X OF THE CODE OF CIVIL PROCEDURE

1. Registrar shall order minutes of the Rule Committee to be placed before Judges meetingAs soon as the minutes of a meeting of a Rule Committee have been signed, the Registrar (who is also the Secretary of the Rule Committee), shall endorse upon them an order that a copy be placed before a meeting of the Judges on a meeting of the Judges on a specified date. 2. Procedure when Registrar omits to pass such an orderIn the event of the minutes of the Rule Committee reaching the office without such an endorsement, the attention of the Registrar shall be drawn to the omission forthwith. 3. Registrar shall cause the Rules framed to be published in Gazettes inviting objections If the Judges decide that the recommendations are to be accepted and a Rule made, the Registrar shall cause the rule, in the form in which it has been framed by the Judges to be published for objections in the Punjab Gazette and in the Delhi Gazette/Gazette of India (for the Union Territory of Delhi). 4. Rules with objections shall be laid before Judges meetingOn the termination of the period fixed for objections, the Registrar shall again lay the Rule, with objections, if any, before a meeting of the Judges. 5. Sanction of the Punjab and Delhi Governments to be obtainedIf the Judges decide to make the rule, the Registrar shall apply simultaneously to the Punjab Government and the Government of India (as the Government for the Union Territory of Delhi) for the approval of the rule in the form in which it has been framed. 6. Sanctioned rule to be published in GazettesWhen the approval of these Governments has been received the Registrar shall cause the rule to be published in the Punjab Gazette and in the Delhi Gazette/Gazette of India (for the Union Territory of Delhi). If the rule has been approved by the two Governments in different forms and the High Court has no objection to the changes proposed, the Registrar shall cause the rule to be published in the Gazettes of Punjab Government and Government of India in the forms approved by the respective Governments. 7. Sanctioned rule to be inserted in Rules and Orders of the High Court etc.After publication in the Gazette a correction slip (a) to the Rules and Orders of the High Court and (b) to the pamphlet entitled Rules made by the Punjab High Court under Section 122 of the Code of Civil Procedure (1956 edition) shall be prepared and issued according to the form approved by the Punjab Government. If the rule has been approved in a different form for the Union territory of Delhi, a note to that effect shall be added in the correction slip.

APPENDIX LETTERS PATENT CONSTITUTING THE HIGH COURT OF JUDICATURE AT LAHORE DATED THE 21ST MARCH, 1919

GEORGE the FIFTH, by the Grace of God, of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, King. Defender of the Faith, Emperor of India, to all to whom these Presents shall come, greeting: Whereas by an Act of Parliament passed in the Fifth and Sixth years of Our Region and called the Government of India Act, 1915, it was amongst other things enacted that it should be lawful for us by Letters Patent to establish a High Court of Judicature in any territory in British India whether or not included within the limits of the local jurisdiction of another High Court and to confer on any High Court so established any such jurisdiction, powers and authority as were vested in or might be conferred on any High Court existing at the commencement of that Act. And whereas the Provinces of the Punjab and Delhi are now subject to the jurisdiction of the Chief Court of the Punjab which was established by an Act of the Governor-General of India in Council, being Act No. XXIII of 1865, and was continued by letter enactments and no part of the said Province is included within the limits of the local jurisdiction of any High Court. 1. Establishment of High Court at LahoreNow know ye that We, upon full consideration of the premises, and of our special grace, certain knowledge, and mere motion, have thought fit to erect and establish, and by these presents we do accordingly for Us, Our heirs and successors, erect and establish, for the Provinces of the Punjab and Delhi aforesaid, with effect from the date of the Publication of these presents in the Gazette of India a High Court of Judicature, which shall be called the High Court of Judicature at Lahore, and We do hereby constitute the said Courts to be a Court of Record. 2. Constitution and first Judge of the High CourtAnd We do hereby appoint and ordain that the High Court of Judicature at Lahore shall, until, further or other provision be made by Us, or Our heirs and successors, in that behalf in accordance with section one hundred and one of the said recited Government of India Act, 1915, consists of a Chief Justice and six other Judges, the first Chief Justice being Sir Henry Adolphus Rattigan, Knight, and the six other Judges being William Chevis, Esquire, Henry Scott-Smith, Esquire, Shadi Lal, Esquire, Rai Bahadur, Walter Aubin le Rossignol Esquire Leycester Hudson Leslie Jones, Esquire, and Alan Brice Broadway, Esquire, being respectively qualified as in the said Act is declared. 3. Declaration to be made by JudgesAnd we do hereby ordain that the Chief Justice and ever other Judge of the High Court of Judicature at Lahore previously to entering upon the execution of the duties of his office, shall make and subscribe the following declaration before such authority or person as the Lieutenant-Governor of the Punjab may commission to receive it I. A. B. appointed Chief Justice (or Judge) of the High Court of Judicature at Lahore, do solemnly declare that I will faithfully perform the duties of my office to the best of my ability, knowledge and judgment.

4. SealAnd we do hereby grant, ordain and appoint that the High Court of Judicature at Lahore, shall have and use, as occasion may require, a seal bearing advice and impression of Our Royal arms, within an exergue or label surrounding the same, with this inscription, The Seal of the High Court at Lahore, and we do further grant, ordain and appoint that the said seal shall be delivered to and kept in the custody of the Chief Justice, and in case of vacancy of the office of Chief Justice, or during any absence of the Chief Justice, the same shall be delivered over and kept in the custody of the person appointed to act as Chief Justice under the provisions of Section of the Government of India Act, 1915, and We do further grant, ordain and appoint that, whensoever the office of the Chief Justice or of the Judge to whom the custody of the said seal be committed is vacant, the said High Court shall be, and is hereby authorized and empowered to demand, seize and take the said seal from any person or persons whomsoever, by what ways and means soever the same may have come to his, her or their possession. 5. Writs, etc., to issue in name of the Crown, and under sealAnd we do hereby further grant, ordain and appoint that all writs, summonses, precepts, rules, orders and other mandatory process to be used, issued or awarded by the High Court of Judicature at Lahore shall run and be in the name and style of Us, or of Our heirs and successors, and shall be sealed with the sale of the said High Court. 6. Appointment of officersAnd we do hereby authorize and empower the Chief Justice of the High Court of Judicature at Lahore from time to time, as occasion may require, and subject to any rules and restrictions which may be prescribed from time to time by the Lieutenant-Governor of the Punjab to appoint so many and such clerks and other ministerial officers as may be found necessary for the administration of the justice and the due execution of all the powers and authorities granted and committed to the said High Court by these Our Letters Patent. And it is Our further will and pleasure. And we do hereby for Us, Our heirs and successors, give, grant, direct and appoint, that all and every the officers and clerks to be appointed as aforesaid shall have and receive respectively such reasonable salaries as the Chief Justice may, from time to time, appoint for each office and place respectively and as the Lieutenant-Governor of the Punjab, subject to the control of the Governor-General in Council may approve of: Provided always, and it is our will and pleasure, that all and every the officers and clerks to be appointed as aforesaid shall be resident within the limits of the jurisdiction of the said Court so long as they hold their respective offices, but this proviso shall not interfere with or without prejudice the right of any officer or clerk to avail himself of leave of absence under any rules, prescribed from time to time by the Governor-General in Council, and to absent himself from the said limits during the term of such leave in accordance with the said rules.
Admission of Advocates, Vakils and Attorneys

7. Power of High Court in Admitting Advocates, Vakils and AttorneysAnd we do hereby authorize and empower the High Court of Judicature at Lahore to approve, admit and enrol such and so many Advocates, Vakils and Attorneys as to the said High Court may seem meet: and such Advocates, Vakils and Attorneys shall be and are hereby authorized to appear for the suitors of the said High Court, and to plead or to act, or to plead and act, for the said suitors, according as the said High Court may by its rules and directions determine, subject to such rules and directions.

8. Power of High Court in making rules for the qualifications etc. of Advocates, Vakils and AttorneysAnd we do hereby ordain that the High Court of Judicature at Lahore shall have power to make rules from time to time for the qualification and admission of proper persons to be Advocates, Vakils and Attorney-at-law of the said High Court, and shall be empowered to remove or to suspend from practice, on reasonable cause, the said Advocates, Vakils or Attorney-at-law; and no person whatsoever but such Advocates, Vakils or Attorneys shall be allowed to act or to plead for, or on behalf of, any suitor in the said High Court, except that any suitor shall be allowed to appear, or act on his own behalf, or on behalf of a co-suitor.
Civil Jurisdiction of the High Court

9. Extraordinary original civil jurisdictionAnd we do further ordain that the High Court of Judicature at Lahore shall have power to remove, and to try and determine, as a Court of extraordinary original jurisdiction, any suit being or falling within the jurisdiction of any Court subject to its Superintendence when the said High Court may think proper to do so, either on the agreement of the parties to that effect, or for purposes of justice, the reasons for so doing being recorded on the proceedings of the said High Court. 10. Appeals to the High Court from Judges of the CourtAnd we do further ordain that an appeal shall lie to the said High Court of Judicature at Lahore from the judgment (not being a judgment passed in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a Court subject to the Superintendence of the said High Court, and not being an order made in the exercise of revisional jurisdiction, and not being a sentence or order passed or made in the exercise of the power of Superintendence under the provisions of Section 107 of the Government of India Act, or in the exercise of criminal jurisdiction) of one Judge of the said High Court or one Judge of any Division Court, pursuant to Section 108 of the Government of India Act, and that notwithstanding anything hereinbefore provided an appeal shall lie to the said High Court from a judgment of one Judge of the said High Court or one Judge of any Division Court, pursuant of Section 108 of the Government of India Act, made on or after the first day of February, one thousand nine hundred and twenty-nine in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a Court subject to the Superintendence of the said High Court where the Judge who passed the judgment declares that the case is a fit one for appeal; but that the right of appeal from other judgments of Judges of the said High Court or of such Division Court shall be to Us, Our heirs or Successors in our or their Privy Council, as hereinafter provided. 11. Appeal from other Civil Courts in the Provinces of the Punjab and DelhiAnd we do further ordain that the High Court of Judicature at Lahore shall be a Court of Appeal from the Civil Courts of the Provinces of the Punjab and Delhi and from all other Courts subject to its Superintendence, and shall exercise appellate jurisdiction in such cases as were immediately before the date of the publication of these presents, subject to appeal to the Chief Court of the Punjab by virtue of any law then in force, or as may after that date be declared subject to appeal to the High Court of Judicature at Lahore by any law made by competent legislative authority for India.

12. Jurisdiction as to Infants and LunaticsAnd we do further ordain that the High Court of Judicature at Lahore shall have the like power and authority with respect to the persons and estates of infants, idiots and lunatics within the Provinces of the Punjab and Delhi as that which was vested in the Chief Court of Punjab immediately before the publication of these presents.
Law to be Administered by the High Court

13. By the High Court in the exercise of extraordinary original civil jurisdictionAnd we do further ordain that, with respect to the law or equity to be applied to each case coming before the High Court of Judicature at Lahore at the exercise of its extraordinary original civil jurisdiction, such law or equity shall, until otherwise provided, be the law or equity which would have been applied to such case by any local Court having jurisdiction therein. 14. By the High Court in the exercise of appellate jurisdictionAnd we do further ordain that, with respect to the law or equity and rule of good conscience to be applied by the High Court of Judicature at Lahore to each case coming before it in the exercise of its appellate jurisdiction, such law or equity and rule of good conscience shall be the law or equity and rule of good conscience which the Court in which the proceedings in such case were originally instituted ought to have applied to such case.
Criminal Jurisdiction

15. Ordinary original criminal jurisdiction of the High CourtAnd We do further ordain that the High Court of Judicature at Lahore shall have ordinary original criminal jurisdiction in respect of all such persons within the Provinces of the Punjab and Delhi as the Chief Court of the Punjab had such criminal jurisdiction over immediately before the publication of these present. 16. Jurisdiction as to personsAnd We do further ordain that the High Court of Jurisdiction at Lahore, in the exercise of its ordinary criminal jurisdiction shall be empowered to all persons brought before it in due course of law. 17. Extraordinary original criminal jurisdictionAnd We do further ordain that the High Court of Judicature at Lahore shall have extraordinary original criminal jurisdiction over all persons residing in places within the jurisdiction of any Court subject to its Superintendence, and shall have authority to try at its discretion any such persons brought before it on charges preferred by any Magistrate or other officer specially empowered by the Government in that behalf. 18. No appeal from High Court exercising original jurisdiction Court may reserve points of lawAnd We do further ordain that there shall be no appeal to the High Court of Judicature at Lahore from any sentence or order passed or made by the Courts of original criminal jurisdiction which may be constituted by one or more Judges of the said High Court. But it shall be at the discretion of any such Court to reserve any point or points of law for the opinion of the said High Court. 19. High Court to review cases on points of law reserved by one or more Judges of the High CourtAnd We do further ordain that, on such point or points of law being so reserved as

aforesaid, the High Court of Judicature at Lahore shall have full power and authority to review the case, or such part of it as may be necessary, and finally determine such point or points of law and thereupon to alter the sentence passed by the Court of original jurisdiction and to pass such judgment and sentence as to the said High Court may seem right. 20. Appeals from other Criminal Courts in the Provinces of the Punjab and DelhiAnd We do further ordain that the High Court of Judicature at Lahore shall be a Court of Appeal from the Criminal Court of the Provinces of the Punjab and Delhi and from all other Courts subject to its Superintendence and shall exercise appellate jurisdiction in such cases as were, immediately before the date of the publication of these presents, subject to appeal to the Chief Court of the Punjab by virtue of any law then in force, or as may after that date be declared subject to appeal to the High Court of Judicature at Lahore by any law made by competent legislative authority for India. 21. Hearing of referred cases and revision of criminal trialsAnd We do further ordain that the High Court of Judicature at Lahore shall be a Court of reference and revision from the Criminal Court subject to its appellate jurisdiction, and shall have power to hear and determine all such cases referred to it by the Sessions Judge or by any other officers in the Provinces of the Punjab and Delhi who were, immediately before the publication of these presents, authorized to refer the cases to the Chief Court of the Punjab and to revise all such cases tried by any officer or Court possessing criminal jurisdiction in the Provinces of the Punjab and Delhi, as were immediately before the publication of these presents, subject to reference to or revision by the Chief Court of the Punjab. 22. High Court may direct the transfer of a case from one Court to anotherAnd We do further ordain that the High Court of Judicature at Lahore shall have power to direct the transfer of any criminal case or appeal from any Court to any other Court of equal or superior jurisdiction, and also to direct the preliminary investigation or trial of any criminal case by any officer or Court otherwise competent to investigate or try it, though such case belongs in ordinary course to the jurisdiction of some other officer or Court.
Criminal Law

23. Offenders to be punished under Indian Penal CodeAnd We do further ordain that all persons brought for trial before the High Court of Judicature at Lahore, either in the exercise of its original jurisdiction, or in the exercise of its jurisdiction as a Court of appeal, reference or revision charged with any offence for which provision is made by Act No. XLV of 1860, called the Indian Penal Code, or by any Act amending or excluding the said Act which may have been passed prior to the publication of these presents, shall be liable to punishment under the said Act or Acts, and not otherwise.
Testamentary and Intestate Jurisdiction

24. Testamentary and intestate jurisdictionAnd We do further ordain that the High Court of Judicature at Lahore shall have the like power and authority as that which was immediately before the publication of these presents lawfully exercised with the provinces of the Punjab and Delhi by the Chief Court of the Punjab, in relation to the granting of probates of last Wills and testaments, and letters of administration of the goods, chattels, credits and all others effects

whatsoever of persons dying intestate: Provided always that nothing in these Letters Patent contained shall interfere with the provisions of any law which has been made by competent legislature authority for India, by which power is given to any other Court to grant such probates and letters of administration.
Matrimonial Jurisdiction

25. Matrimonial JurisdictionAnd We do further ordain that the High Court of Judicature at Lahore shall have jurisdiction, within the Provinces of the Punjab and Delhi, in matters matrimonial between Our subjects professing the Christian religion: Provided always that nothing herein contained shall be held to interfere with the exercise of any jurisdiction in matters matrimonial by any Court, not established by Letters Patent within the said Provinces which is lawfully possessed of that jurisdiction.
Powers of Single Judges and Division Courts

26. Single Judges and Division CourtsAnd We do hereby declare that any function which is hereby directed to be performed by the High Court of Judicature at Lahore, in the exercise of its original or appellate jurisdiction, may be performed by any Judge, or by any Division Court, there of, appointed or constituted for such purpose in pursuance of Section 108 of the Government of India Act, 1915; and if such Division Court is composed of two or more Judges and the Judges are divided in opinion as to the decision to be given on any point, such point shall be decided according to the opinion of the majority of the Judges, if there be a majority but, if the Judges be equally divided, they shall state the point upon which they differ and the case shall then be heard upon that point by one or more of the other Judges and the point shall be decided according to the opinion of the majority of the Judges who have heard the case including those who first heard it.
Civil Procedure

27. Regulation of proceedingsAnd We do further ordain that it shall be lawful for the High Court of Judicature at Lahore from time to time to make rules and orders regulating the practice of the Court and for the purpose of adopting as far as possible the provisions of the Code of Civil Procedure, being an Act, No. V of 1908, passed by the Governor-General in Council, and the provisions of any law which has been or may be made, amending or altering the same, by competent legislative authority for India, to all proceedings in its testamentary intestate and matrimonial jurisdiction, respectively.
Criminal Procedure

28. Regulation of proceedingsAnd We do further ordain that the proceedings in all criminal cases brought before the High Court of Judicature at Lahore shall be regulated by the Code of Criminal Procedure, being an Act No. V of 1898, passed by the Governor-General in Council or by such further or other laws in relation to criminal procedure as may have been or may be made by competent legislative authority for India.

Appeals to Privy Council

29. Power to appeal in Civil CouncilAnd We do further ordain that any person or persons may appeal to Us. Our heirs and successors, in Our or their Privy Council in any matter not being of criminal jurisdiction from any final judgment, decree or order of the High Court of Judicature at Lahore made on appeal, and from and final judgment, decree or order made in the exercise of original jurisdiction by Judges of the said High Court, or of any Division Court, from which an appeal does not lie to the said High Court under the provisions contained in the 10th clause of these presents; provided in either case, that the sum or matters at issue is of the amount or value of not less than 10,000 rupees, or that such judgment, decree or order involves, directly or indirectly, some claim, demand or question to or respecting property amounting to or of the value of not less than 10,000 rupees: or from any other final judgment, decree or order made either on appeal or otherwise as aforesaid, when the said High Court declares that the case is a fit one for appeal to Us. Our heirs or successors, in Our or their Privy Council; but subject always to such rules and orders as are now in force, or may from time to time be made, respecting appeals to Ourselves in Council from the Courts of the Provinces of the Punjab and Delhi, except so far as the said existing rules and orders respectively are hereby varied; and subject also to such further rules and orders as We may, with the advice of Our Privy Council, hereinafter make in that behalf. 30. Appeal from interlocutory judgmentsAnd We do further ordain that it shall be lawful for the High Court of Judicature at Lahore at its discretion, on the motion, or, if the said High Court, upon the petition, of any party who considers himself aggrieved by any preliminary or interlocutory judgment, decree or order of the said High Court in any such proceedings as aforesaid, not being of criminal jurisdiction, to grant permission to such party to appeal against the same to Us, Our heirs and successors, in Our or their Privy Council, subject to the same rules, regulations and limitations is are herein expressed respecting appeals from final judgments, decree and orders. 31. Appeal in criminal casesAnd We do further ordain that from any judgment, order or sentence of the High Court of Judicature at Lahore, made in the exercise of original criminal jurisdiction or any criminal case where any point or points of law have been reserved for the opinion of the said High Court, in the manner provided by the 18th clause of these presents, by any Court which has exercised original jurisdiction, it shall be lawful for the person aggrieved by such judgment, order or sentence to appeal to Us. Our heirs or successors, in Council provided the said High Court declares that the case is a fit one for such appeal, and that the appeal be made under such conditions as the said High Court may establish or require, but subject always to such rules and orders as are now in force or may from time to time be made, respecting appeals to Ourselves in Council from the Courts of the Provinces of the Punjab and Delhi. 32. Rule as to transmission of copies of evidence and other documentsAnd We do further ordain that, in all cases of appeal made from any judgment, decree, order or sentence of the High Court of Judicature at Lahore to Us. Our heirs or successors, in Our or their Privy Council, such High Court shall certify and transmit to Us, Our heir sand successors, in Our or their Privy Council, a true and correct copy of all evidence, proceedings, judgments, decree and orders had or made, in such cases appealed so far as the same have relation to the matters of appeal, such

copies to be certified under the sale of the said High Court. And that the said High Court shall also certify and transmit to Us, Our heirs and successors in Our or their Privy Council, a copy of the reasons given by the Judges of such Court, or by any Judges, far or against the judgment or determination appealed against. And We do further ordain that the said High Court shall, in all cases of appeal to Us, Our heirs or successors, conform to and execute, or cause to be executed, such judgments and orders as We, Our heirs or successors, in Our or their Privy Council may think fit to make in the premises, in such manner as any original judgment, decree or decretal orders or other or rule of the said High Court, should or might have been executed.
Exercise of Jurisdiction elsewhere than at the usual place sitting of the High Court

33. Special commissions and circuitsAnd We do further ordain that whenever it appears to the Lieutenant-Governor of the Punjab, subject to the control of the Governor-General in Council, convenient that the jurisdiction and power by these Our Letters Patent, or by or under the Government of India Act, 191 vested in the High Court of Judicature at Lahore should be exercised in any place within the jurisdiction of any Court subject to the Superintendence to the said High Court, other than the usual place of sitting of the said High Court, or at several such places by way of circuit, one or more Judges of the Court shall visit such place or places accordingly. 34. Proceedings of Judges on special commission or circuitAnd We do further ordain that whenever any Judge or Judges of the High Court of Judicature at Lahore visit any place under the 33rd clause of these presents the proceeding in cases before him or them at such place shall be regulated by any law relating thereto which has been or may be made by competent legislative authority for India.
Delegation of duties of Officer

35. Power to delegate dutiesThe High Court of Judicature at Lahore may from time to time make rules for delegating to any Registrar Prothonotary or Master or other official of the Court any judicial, quasi-judicial and non-judicial duties.
Calls for Records, etc., by the Government

36. High Court to comply with requisitions from Government for records etc.And it is Our further will and pleasure that the High Court of Judicature at Lahore shall comply with such requisitions as may be made by the Governor-General in Council or by the Lieutenant-Governor of the Punjab for records, returns and statements, in such form and manner as he may deem proper.
Power of Indian Legislatures

37. Powers of Indian Legislatures PreservedAnd We do further ordain and declare that all the provisions of these Our Letters Patent are subject to the legislative powers of the GovernorGeneral in Legislative Council, and also of the Governor-General in Council under Section 71 of the Government of India Act, 1915 and also of the Governor-General in cases of emergency under Section 72 of that Act, and may be in all respects amended and altered thereby.

IN WITNESS thereof we have caused these Our Letters to be made Patent. WITNESS ourself at Westminster the 21st day of March in the Year of Our Lord one thousand nine hundred and nineteen and in the Ninth Year of Our Reign. By WARRANT under the Kings Sign Manual. (Signed) SCHUSTER

Delhi High Court (Original Side) Rules, 1967

In exercise of powers conferred by Sections 122 and 129 of the Code of Civil Procedure, 1908 and Section 7 of the Delhi High Court Act, 1966 (Act 26 of 1966) and all other powers enabling it, the Delhi High Court hereby makes the following Rules, after previous publication with respect to practice and procedure for the exercise of its ordinary original civil jurisdiction.
Ch. I,

CHAPTER I General
R. 1

1. Short titleThese Rules may be called the Delhi High Court (Original Side) Rules, 1967.
R. 2

2. CommencementThese Rules shall come into force with effect from such date as may be notified.
1
R. 3

3. ApplicationAll proceedings on the original side of the Court instituted or transferred pursuant to provisions of the Delhi High Court Act of 1966 or any other law shall unless otherwise ordered by the Court be governed by these Rules.
R. 4

4. DefinitionsIn these Rules, unless the context otherwise requires: (a) Advocate means a person who is entitled to practice the profession of law under the Advocates Act, 1961 (Act No. 25 of 1961); (b) Chief Justice means the Chief Justice of the High Court and includes appointed under the Constitution to perform the duties of the Chief Justice; (c) Code means the Code of Civil Procedure, 1908 (V of 1908) as amended from time to time; (d) Constitution means the Constitution of India; (e) The Court or This Court means the Delhi High Court; (f) First hearing includes the hearing of a suit for settlement of issues and any adjournment thereof; (g) Interlocutory application means an application in any suit, appeal or proceeding, already instituted in the Court, not being a proceeding for execution of a decree or order; (h) Judge means the Judge of the Court;

(i) Registrar means the Registrar of the Court and includes any other officer of the Court to whom the power and functions of the Registrar under these Rules may be delegated or assigned; (j) Registry means the Registry of this Court; (k) Taxing Officer means the Taxing Officer appointed under Section 6 of the Court-fees Act and includes the Officer of the Court whose duty is to tax costs of proceedings in the Court; (1) All other expressions used herein shall have the meaning ascribed to them by the Code or the General Clauses Act, 1897 (10 of 1897), as the case may be.
R. 5

5. Steps to be taken in the RegistryWhere by these rules or by any order of the Court, any step is required to be taken in connection with any suit, appeal or proceeding before the Court, that step shall unless the context otherwise requires be taken in the Registry.
R. 6

6. Period how calculatedWhere a particular number of days is prescribed by these Rules or by or under any other law or is fixed by the Court for doing any act, in computing the time, the day from which the said period is to be reckoned shall be excluded, and if the last day expires on a day when the office of the Court is closed, that day and any succeeding days on which the Court remains closed shall also be excluded.
R. 7

7. Forms to be usedThe forms set out in the Court with such modifications or variations as the circumstances of each case may require, shall be used for the purpose therein mentioned. Where no form required for any purpose is prescribed, a form approved by the Registrar, may be used.
R. 8

8. How decree, order, writ etc. to runEvery decree, order, writ-summons, warrant or other mandatory process shall in the name of the Chief Justice and shall be signed by the Registrar or any other officer specifically authorised in that behalf with the day, month and year of signing and shall be sealed with the seal of the Court.
R. 9

9. Official SealThe official seal to be used in the Court shall be such of the Chief Justice may from time to time direct and shall be kept in the custody of the Registrar.
R. 10

10. Custody of the RecordsThe Registrar shall have the custody of the records of the Court and no record or document filed in any cause or matter shall be allowed to be taken out of the custody of the Court without the leave of the Court.

R. 11

11. Hours of SittingUnless otherwise ordered by the Chief Justice, the Court shall hold its sittings on all working days from 10.00 A.M. to 1.00 P.M. and from 1.45 P.M. to 3.45 P.M.
R. 12

12. Office HoursThe Offices of the Court shall remain open daily from 9.30 A.M. to 4.30 P.M. [Any urgent matter filed before 12 noon shall be put before the Court for hearing on the following working day. In exceptional cases, it may be received thereafter for hearing on the following day with the specific permission of the Honble Judge-in-Charge (Original Side)].
2
R. 13

13. Process and copying feeIn all proceedings on the Original Side of the Court process fee and copying fee shall be charged in accordance with the rules in force immediately before the appointed day fixed under Section 3 of the Delhi High Court Act of 1966.
R. 14

14. Courts power to dispense with Compliance with the RulesThe Court may, for sufficient cause shown, excuse the parties from compliance with any of the requirements of these Rules and may give such directions in matters of practice and procedure as it may consider just and expedient.
R. 15

15. Application for the above purposeAn application to be executed from compliance with the requirements of any of the rules shall, in the first instance, be placed before the Registrar, who may without interfering or dispensing with any mandatory requirements of the rules, make appropriate order thereon, or, if in his opinion, it is desirable that the application should be dealt with the Court, direct the applicant, if the other party has entered appearance, to serve a copy thereof on the said party, and thereafter place the same before the Court on a convenient day for orders.
R. 16

16. Courts power to enlarge or abridge timeThe Court may enlarge or abridge the time appointed by these Rules or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms, if any as the justice of the case may require, and any enlargement may be ordered, although the application therefor is not made until after the expiration of the time appointed or allowed.
R. 17

17. The Court at any time, either of its own motion or on the application of any party, make such orders as may be necessary or reasonable in respect of any of the matters mentioned in Chapter XXI of these Rules.
R. 18

18. Inherent power of the Court not affectedNothing in these Rules shall be deemed to limit or otherwise affect the inherent powers of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.

R. 19

19. MiscellaneousExcept to the extent otherwise provided in these rules, the provisions of the Civil Procedure Code shall apply to all proceedings on original side.
COMMENTS Where a suit was filed by Bank on the Original Side at Delhi High Court for recovery of certain sums based on cash credit facilities and customer had deposited the title deeds in respect of House property situate at Mathura as collateral security. The suit was liable to be dismissed for want of jurisdiction, as the provisions of Section 16 CPC would apply. Rule 19 of the Original Side Rules specifically provides that wherever the Rules are silent, the CPC will apply. State Bank of India v. O. P. Gupta and others, AIR 1983 Delhi 214 : 1983 (4) DRJ 83 : 1983 (23) DLT 198. It is not correct to say that because by the application of Rule 19, the orders which are appealable are restricted to those mentioned in Order 43 Rule 1 of CPC. There is a conflict between Section 10(1) of Delhi High Court Act and Rule 19 of the Rules as the two provisions deal with different matters. Section 10(1) deals with the forum of appeal whereas Rule 19 of the Rules read with Order 43 Rule 1 of CPC indicates the orders which are appealable. Thus by the application of Rule 19 which in terms also applies the Code to the ordinary original civil jurisdiction of this Court, an appeal under Section 10(1) of the Act would be competent only if it falls within Section 104 or Order 43 Rule 1 of the Code. University of Delhi v. Hafiz Afohd. Said, 1972 DLT 151. An interim stay order granted by single Judge in Civil Writ Petition which is by way of extra ordinary civil jurisdiction. Clause 10 of Letters Patent, Section 10 of Delhi High Court Act, Section 141 of CPC and Rule 19 of Original Side Rules cannot be invoked for appeal. State of Himachal Pradesh v. Ajit Kumar, ILR (1976) H.P. 24.

1. Vide Notification No. F. Gen. 4(47) the Rules came into force w.e.f. 10-7-1967.
* Vide Notification No. 704/G/Gen.II/DHC dated 16-12-1981, the Court sitting hours were changed from 10.30

A.M. to 4 P.M. with lunch break from 1.15 P.M. to 1.45 P.M. (w.e.f. 4-1-1982).

2 . Substituted for the words Any urgent matter filed before 12.30 P.M. shall be put up before the Court on the
following working day by Notification No. 46/Rules/DHC dated 11.4.2002.

CHAPTER II Exercise of Original Civil Jurisdiction

R. 1

1. Jurisdiction to be exercised by a Judge/SingleEvery suit coming before the Court in its Ordinary Original Civil Jurisdiction shall be tried and heard by a Single Judge.
R. 2

2. Reference of two or more JudgesA Judge before whom any suit, application or other proceeding, interlocutory or otherwise, is pending may, if he thinks fit, refer it or any question of law, practice or procedure arising therein to the Chief Justice for constituting a Bench of two or more Judges to decide the same. If only a question has been referred, the Judge shall, after receipt of a copy of the judgment of the Bench so constituted, proceed to dispose of such suit, application or proceeding in conformity therewith.
R. 3

[3. Power of the RegistrarThe powers of the Court including the power to impose costs in relation to the following matters may be exercised by the registrar:
1

(1) Admission of plaints and applications and issue of summons and notices; (2) Applications to amend the plaint, petition or subsequent proceedings where the amendment sought is formal; (3) Applications for issuance of commissions to examine witness; (4) Attachment of property of absconding witness; (5) Inquiries directed by the Court as to the fitness of the persons to act as trustees and receivers; (6) Applications for leave of the Court to file a plaint when such leave is necessary; (7) Application under O.I. rule [8] for leave to sue or defend on behalf of or for the benefit of all having the same interest;
2

(8) Application for the admission or appointment of a next friend or guardian ad litem of a minor or a person of unsound mind or new next friends or guardians ad litem; (9) Applications for fresh summons or notices and regarding services thereof; (10) Applications for fresh summons or notice and for short date summons and notices; (11) Applications for orders for substituted service of summons or notice; (12) Application for transmission of process for service to another Court;

(13) Applications for permission to withdraw any suit or application by consent or where the other side has not appeared; (14) Applications for leave to file further or additional written statements; (15) Applications for return of documents under Order XIII, Rule 9(i) of the Code; and applications for return of exhibits; (16) Applications for orders for discovery and for orders concerning the admission, production and inspection of documents; (17) Applications for leave to deliver interrogatories; (18) Applications for orders for the transmission of a decree with the prescribed certificates, etc; (19) Application for the execution of a document or for the endorsement of negotiable instrument under Order XXI, Rule 34 of the Code; (20) Applications for examination of judgment-debtor as to his property under Order XXI, Rule 41 of the Code; (21) Applications for discharge from custody for the non-payment of subsistence money; (22) Applications falling under Section 52 of the Code; (23) Applications for leave under Order XXI, Rule 50, sub-rule (2) of the Code except where liability is disputed; (24) Applications for the issue of proclamations of sale under Rule 66, and for direction as to the publication thereof under Rule 67 of Order XXI of the Code;
3

[(25) xxx xxx xxx ]

(26) Applications for special directions to the Office concerned as to the service or execution of any process of the Court; (27) Applications for orders for withdrawal of attachment or for return of a warrant; (28) Application for orders for payment of money realised in execution or otherwise deposited in Court including uncontested applications to share the assess realised under Section 73 of the Code; (29) Summoning witnesses and taking proceedings against them for failure to comply therewith as provided in Order 16 of the Code;

(30) Applications for extension of time under Order XXVII, Rule 7 of the Code, or by a party in default for further time to file written statement or affidavit of documents; (31) Applications for statement of names, and disclosure of partners address and residence under Order XXX, Rules 1 and 2 of the Code; (32) Applications for orders requiring a party to suit or matter to produce and leave with the Registrar any document not in the English language in his possession for the purpose of being officially translated; (33) Applications for orders for the production of records or documents, or accounts filed in such records before any other Courts; (34) Applications for the issue of a precept to another Court for the production of a record of such Court or of notice or summons to a Public Officer for the production of public records or registers; (35) Applications for the taxation and delivery of bills of costs; (36) Applications under Order XXII of the Code for bringing on record the Legal Representatives of a deceased party; Provided that no order of substitution or revivor shall be made by the Registrar (i) where a question arises as to whether any person is or is not a legal representative of the deceased party; or (ii) where a question of setting aside the abatement of the cause is involved. In such a case the Registrar shall after making an inquiry place the matter with his report and the findings before the Judge in Chambers; [(38) Applications for enlargement or abridgement of time. However, time shall not be enlarged beyond the date of hearing already fixed before the Court;
4

COMMENTS After framing of the issues the Court had allowed six weeks time to the parties to file their additional documents, if any. That order was, however, not complied with by the respondent. List of witnesses also was not filed. The plaintiff filed list of witnesses as well as additional documents. Request was made on behalf of the defendant to enlarge the time. The Deputy Registrar granted another four weeks time. It was held that the Deputy Registrar should not have extended this time because the time originally was granted by the Court. This amounts to violation of the powers of the Deputy Registrar as contained in Rule 3(38) in Chapter 2 of the Original Side Rules. Ravi Sharma v. Delhi Development Authority, (1990) 42 DLT 361.

(39) Applications for confirmation of sale and certificate of sale to purchaser of immovable property;

(40) Other interlocutory applications directed by the Judge hearing the case to be placed for disposal before the Registrar; and such other applications as by these rules are directed to be so disposed of but not included in this rule; (41) Applications for particulars; (42) Applications for further and better statement of particulars under Rule 5 of Order VI of the Code; (43) Applications for better statement of claim or defence; [(44) Examine the serving officer on oath, under Order V, Rule 19 of the Code whereas summons is returned under Order V, Rule 17 of the Code and after making necessary enquiry declare that the summons has been duly served or order such service as may be considered fit;
5

(45) (a) Issue summons in the manner provided in Order V, Rule 19A of the Code; (b) Declare that the summons had been duly served on the defendant, when an acknowledgement purporting to be signed by the defendant or his agent is received; Provided that where the summons was properly addressed, prepaid and duly sent by registered post, acknowledgement due, the declaration referred to in this clause shall be made notwithstanding the fact that the acknowledgement having been lost or mislaid, or for any other reason, has not been received within thirty days from the date of the issue of the summons; (46) Substitute for a summons a letter signed by the Registrar, where the defendant is of a rank entitling him to such mark of consideration and send it in such a mode or manner as he thinks fit (Order V, Rule 30); (47) To give notice of the deposit by the defendant to the plaintiff under the Code; (48) Mark the documents produced by the plaintiff under Order VII, rule 17 of the Code for the purpose of identification and after comparing the copy with the original, if it is found correct, certify it to be so and return the book to the plaintiff and cause a copy to be filed; (49) Applications under Order XXXIII, except under Rule 9; (50) Receive decree transferred to this Court for execution under Order XXI, Rule 7 of the Code; (51) Direct the application to file certified copy of the decree under Order XXI, Rule 11 (3) of the Code; (52) Application under Order XXI, Rule 14 of the Code requiring the applicant to produce a certified copy from Registrar kept in the Office of the Collector; (53) Deal with the execution application under Order XXI, Rule 17 of the Code;

(54) Issue process for execution under Order XXI, Rule 24 of the Code and examine the officer entrusted with execution of the process if he was unable to execute the process (Order XXI, Rule 25); (55) All uncontested applications except such as may result in final disposal of the suit or exceeding in whole or in part in respect of all or any of the parties.] [(56) Any matter which in accordance with orders or directions issued by the Court is required to dealt with by the Registrar.]
6
R. 3-A

3-A. All applications except those in which urgent ex parte orders are sought will be placed before the Registrar in the first instance. He will dispose of such of them as he is empowered to do, and as regards the rest may call for replies and rejoinders and take such other steps as are necessary to make them ready for hearing, before listing them before the Court.
COMMENTS Where a suit was filed on original side of High Court under Order 37 CPC and the Deputy Registrar hold that the defendants were properly served. The plaint was deemed to be under Order 37 of the Code, hence appealable under Rule 4 of Chapter 2 of these Rules. Khera Handloom Supply, Co. v. O.B. Exports, (1990) 41 DLT 343.
R. 4

4. Appeal against the Registrars ordersAny person aggrieved by any order made by the Registrar under Rule 3 may, within fifteen days of the making of such order, appeal against it to the Judge in Chambers. The appeal shall be in the form of a petition bearing Court fee stamp of the value of Rs. 2.65 P.
COMMENTS In a money suit, Court fees not paid as per Section 7 of the Court Fees Act Objection by registryAppeal againstAppellant pleaded compensation payable in terms of francs and conversion has to be made on an exchange rate prevailing on the date of judgment. Plaintiff unable to work out exact amount of Court fee and has to be fix an tentative value with an undertaking to make up deficiency. Held: There is no provision of tentative value of Court fee on simple money suits. Order of Joint Registrar affirmed. R & D. Enterprises (Exporters) & anothers v. Air Fance & anothers, 1997 (43) DRJ 443 : 1997 (5) AD (Delhi) 570.
R. 5

5. AdjournmentsThe Registrar may, and, if so directed by the Judge in Chambers, shall at any time adjourn any matter and lay the same before the Judge in Chambers, and the Judge in Chambers may at any time adjourn any matter in Court.
R. 6

6. Delegation of the Registrars PowersThe Chief Justice and companion Judges may assign or delegate to a Deputy Registrar or to any officer any functions required by these Rules to be exercised by the Registrar.
R. 7

7. Disposal of matters by Judge in ChambersThe following matters may be heard and determined by a Judge in Chambers:

(1) Appeal from the order of the Registrar or a reference made by him or directed to be made by the Judge in Chambers; (2) Application for arrest before judgment, for attachment before judgment and for appointment of a receiver; (3) Applications by defendant where he pleads a set-off under Rule 6 of Order VIII of the Code; (4) Applications by defendant for setting up a counterclaim and applications in relation thereto; (5) Applications by receivers, guardians and other relating to the management and disposal of the property; (6) Applications for leave under sub-rule (3) of Rule 2 of Order II of the Code; (7) Applications under Rule 4, Order II to join causes of action in a suit for the recovery of immovable property; (8) Applications for stay of execution under Rule 26(1) and (2) of Order XXI of the Code; (9) Application for separate trials of different causes of action joined in one suit; (10) Applications for setting down for judgment in default of written statement; (11) Applications for amendment of pleadings and for enlargement of time to amend pleadings; (12) Applications to tax bills returned by the Taxing Officer; (13) Applications for review of taxation; (14) Applications for leave to defend under Chapter XV of these Rules; (15) Application for executions of a decree or order, or for arrest of a judgment-debtor when such judgment-debtor does not appear on the day of hearing fixed under the notice issued or on such day as the hearing thereof may be postponed to, or by attachment or sale with power to order issue of notice under Sections 74 and 145 and under Rules 2, 16, 22, 34(2), 37 or 66(2) of Order XXI of the Code.
Ch. III,

1. Substituted vide Notification No. 81/DHC/Rules dated 15-3-1988. 2. Substituted for 8(i), vide Notification No. 81/DHC/Rules dated 15-3-1988. 3. Deleted vide Notification No. 81/DHR/Rules dated 15-3-1988. 4. Substituted vide Notification No. 22803/Rules/DHC dated 14-12-1995.

5. Clauses (44) to (55) inserted vide Notification No. 81/DHC/Rules dated 15-3-1988. 6. Original Clause (44) renumbered as (56) vide Notification No. 81/DHC/Rules dated 15-3-1988.

CHAPTER III Form of Pleadings

R. 1

1. Proceedings how written(a) Every plaint, written statement, application petition and like presented to the Court: (i) shall be in English; (ii) shall be fairly and legibly written, type written, lithographed or printed in double spacing on one side of standard petition paper with an inner margin of about four centimeters width on top and on the left side; (iii) cause title shall be instituted in the High Court of Delhi and shall state the jurisdiction (whether Original, Civil, Testamentary or intestate or Matrimonial etc.) in which it is presented; (iv) paragraphs shall be divided into paragraphs numbered consecutively, each paragraph containing as nearly as may be, a separate allegation. (b) DatesWhere Saka or other dates are used, corresponding dates of Gregorian Calendar shall also be given. (c) Names etc. of partiesFull name and parentage, description of each party and address and if such is the case the fact that a party sues or is sued in a representative character, shall also be set out at the beginning of the plaint, petition or application and need not be repeated in the subsequent proceedings in the same suit or matter. (d) The names of parties shall bear consecutive numbers and a separate line should be allotted to the name and description of each party. These numbers shall not be changed and in the event of the death of a party during the pendency of the suit or matter, his heirs or representative, if more than one shall be shown by sub-numbers. Where fresh parties are brought in, they may be numbered consecutively in the particular category, in which they are brought in. (e) Every proceeding shall state immediately after the cause title the provision of law under which it purports to be made.
R. 2

2. Endorsements and verificationAt the foot of every pleading there shall appear the name and signature of the Advocate, if any, who has drawn it and also the name of a Senior Advocate, who may have settled it. Every pleading shall be signed and verified by the party concerned in the manner provided by the Code.
R. 3

3. Particular to be stated in address for serviceThe address for service shall be filed with every initial pleading, petition or application on behalf of a party and shall as far as possible containing the following

(i) The name of the road, street, lane or Municipal or other number of the house; (ii) The name of the town or village; (iii) The post office or postal district; and (iv) Any other particulars necessary to identify the addressee.
R. 4

4. Initialling alteration etc.Every interlination, erasure or correction in any pleading, petition or application or like document shall be initialled by the party or his recognised agent or advocate presenting it.
R. 5

5. Translation of documents(1) No document in a language other than English intended to be used in any proceeding before the Court shall be received by the Registry unless it is accompanied by a translation in English, (i) Agreed to by both the parties; or (ii) Certified to be a true translation (a) by a counsel engaged, in the case; or (b) by any other counsel whether engaged in the case or not, provided a counsel engaged in the case authenticates such certificate; or (iii) Prepared by an official translator of the Court on payment of the prescribed charges; or (iv) Prepared by a translator specially appointed or approved for the purpose by the Registrar on payment of such charges as he may order. (2) A suit or other proceeding will not be set down for hearing until and unless all parties confirm that all the documents filed on which they intend to rely are in English or have been translated into English.
Ch. IV,

CHAPTER IV Presentation of Plaint and Other Documents

R. 1

1. Presentation at the counterAll plaints, petitions, applications and documents including application for leave to sue in forma paupris shall be presented by the plaintiff, petitioner applicant, defendant or respondent in person or by his duly authorised agent or by an advocate duly appointed by him for the purpose, at the filing counter. All such documents filed in Court shall be accompanied by an index in duplicate containing their details. The amounts of Court-fee affixed or paid on any such document shall also be indicated in the index. Sufficient number of copies of the plaint, petition or application shall also be filed for service on the opposite party.
COMMENTS Suit can be presented by a duly authorised agent or by an advocate duly authorised by him for the purpose. This authorisation, in the case of a company can be given only after a decision to institute suit is taken by the Board of Directors of the company. The Board of Directors may, in turn authorise a particular director, principal officer or the secretary to institute a suit. M/s. Nibro Ltd. v. National Insurance Co., AIR 1991 Delhi 25.
R. 2

2. Endorsement and scrutiny of documents(a) The officer in charge of the filing-counter shall endorse the date of receipt on the plaint, petition, application or proceedings and also on the duplicate copy of the index and return the same to the party. He shall enter the particulars of all such documents in the registrar of daily filing and thereafter cause it to be sent to the office concerned for examination. If on scrutiny, the document is found to be defective, such document shall, after notice to the party filing the same, be placed before the Registrar. The Registrar may for sufficient cause return the said document for rectification or amendment to the party filing the same, and for this purpose may allow to the party concerned such reasonable time as he may consider necessary. (b) Where the party fails to take any step for the removal of the defect within the time fixed for the same, the Registrar may, for reasons to be recorded in writing, decline to register the document. (c) Any party aggrieved by any order made by the Registrar under this rule may, within fifteen days of the making of such order, appeal against it to the Judge in Chambers.
COMMENTS In case a document is found to be defective, it shall, after notice to the party filing the same be placed before the Registrar. The Registrar may then for sufficient cause return the said document for rectification or amendment and for this purpose may allow the party concerned such reasonable time as he may consider necessary. If, however, a party fails to take any steps for the removal of the defects within the fixed time, the Registrar may decline to register the documents for reasons to be recorded in writing. State Bank of India v. Amritsar Engineering Works, (1990) 40 DLT463. Application to bring legal representatives of deceased defendant on record must be accompanied with an affidavit. Rule 2(c) is mandatory, ILR (1973) H.P. 1314.

R. 3

3. Service on the opposite party(a) Where notice of an inter locutory application is issued by the Court, a copy of the application, the affidavit in support thereof (and if so ordered by the Court, of other documents filed therewith), if any, shall be served along with the notice on the other party. (b) The aforesaid copies shall show the date of presentation of the original and the name of the advocate, if any, of such party.
R. 4

4. Registration of proceedings admittedOn admission, plaints, petitions and applications shall be registered in the appropriate registers and their number entered thereof.
R. 5

5. Ex-parte amendmentsAmendments to pleading, which are made only for the purpose of rectifying some clerical errors may be made on an order of the Registrar without notice.
R. 6

6. Attestation of amendmentsThe attestation of any amendment under Order II, Rules 6 and 7, Order VI, Rules 16 and 17. Order VII, Rule 11 and Order XXI, Rule 17 of the Code shall unless otherwise ordered by Court, be done by the Registrar. The amendment of any plaint or other proceeding carried out under the order of the Court shall unless otherwise directed by the Court also be attested by the Registrar.
R. 6-A

6-A. Notwithstanding anything contained in Order 5 Rules 10 and 20-A of the Code of Civil Procedure 1908 the Court may in the very first instance issue summons by registered post (acknowledgement due) in addition to the ordinary way.
R. 7

7. Registers to be maintainedThe following Registers shall be kept on the original Civil Side by such ministerial officer or officers as the Registrar may, subject to any order of the Chief Justice, direct: (i) Register of rejected plaints; (ii) Register of Civil Suits; (iii) Register of documents filed in Civil Suits; (iv) Register of Miscellaneous applications; (v) Register of Wills; (vi) Register of decree received for execution from other Courts; and

(vii) Register of Execution Applications.

R. 8

8. Arrangement of record in pending mattersThe record of a regular suit shall be divided into the following four parts: (i) Main file; (ii) Miscellaneous application file; (iii) Process file; and (iv) Execution file.
R. 9

9. Contents of main fileThe main file shall be kept in the following order: (i) Diary; (ii) Order sheet; (iii) Plaint together with any schedule annexed thereto; (iv) Written statement; (v) Any other pleading; (vi) Memorandum of issue; (vii)(a) Oral evidence, (b) Evidence taken on commission; and (c) Documentary evidence. (viii) Application for reference to arbitration, the award of arbitrator petition of compromise and report of the Commissioner, and objections to the Commissioners report, if any; (ix) Judgment and decree; and (x) Copy of the judgment and of the decree of the Appellate Court or Courts, if any.
R. 10

10. Miscellaneous applications fileIn the miscellaneous applications file there shall be kept all petitions, affidavits, and other documents not specifically included in any other file.

R. 11

11. Process file The process file shall contain (i) The index; (ii) Powers of attorney;
Ch. IV,

(iii) Summons and other processes and affidavits relating thereto; (iv) Applications for summoning witness; (v) Letters, etc., calling records etc; (vi) All other miscellaneous papers.
R. 12

12. Execution fileThe execution file shall contain: (i) The diary; (ii) The execution application; (iii) The order sheet; (iv) All processes and other papers connected with such execution proceedings.
R. 13

13. Distribution to proper filesThe splitting up of the record and the distribution of the papers into the proper files shall in all cases be done at the outset and shall be continued from time to time as and when they are received, papers in each file shall be paged separately.
R. 14

14. One file in miscellaneous applicationsFor applications there may be only one file with a title page prefixed to it. Immediately after the title page shall be filed the diary, the miscellaneous application, the order sheet and then other document.
R. 15

15. DiariesDiaries shall be kept by the Reader in such form as may be prescribed. They shall be written legibly. The diary in the main file shall show a concise history of the suit or matters including the substance of the order passed on all interlocutory applications therein. The diary in execution proceedings shall contain a complete record of all proceedings in execution of a decree.
R. 16

16. Order sheet(a) The order sheet shall contain all orders passed by the Court at any hearing.

(b) All orders shall be in English and signed by the Judge. (c) The order sheet shall also contain reference to the application, return, or other similar document with respect to which an order is made. (d) Except in the case of such routine orders as call for the record, put up with the record, and orders made in chambers, orders shall not be written on applications, returns report and other similar documents.
R. 17

17. Removal of record from Court houseNo members of the establishment shall remove any official paper or record whatever, from the Court house without the special sanction of the Registrar.

CHAPTER V Vakalatnama
R. 1

1. Execution and filing of VakalatnamaAn advocate on his filing a Vakalatnama duly executed by a party shall be entitled to act as well as to plead for the party in the matter and to conduct and prosecute all proceedings that may be taken in respect of such matter or any application connected with the same or any decree or order passed therein including proceedings in taxation and applications for review, execution and appeal in the High Court and to take all such other steps as he may be specifically authorised by the power of attorney.
R. 2

2. Certificate of feeEvery Advocate shall before the commencement of the final arguments in the suit or matter file a certificate showing the amount of fee paid with date of payment or agreed to be paid to him.
R. 3

3. Endorsement in VakalatnamaNo Vakalatnama shall be accepted unless it contains the following under the signature of the Advocate:
Ch. V,

(i) An endorsement in token of its acceptance with the date of acceptance; and (ii) The address for service of the Advocate.
R. 4

4. Notice of determination of authority of AdvocateA party desiring to obtain an order for determination of the authority of his Advocate who has filed a Vakalatnama on his behalf in a suit or matter shall do so by application after first giving notice thereof to the Advocate, and the fact of such notice having been served shall be stated in the affidavit in support of such application.
R. 5

5. Notice of discharge to a clientAn Advocate in a suit or matter desiring to obtain an order for his discharge, shall first give notice of his intended application for discharge to his client and the fact of such notice having been served shall be stated in the application: Provided that an Advocate may be discharged by consent of the Advocate and the party by a letter addressed to the Registrar and signed by the Advocate and the party.

CHAPTER VI Appearance by Defendant, Written Statement, Set off and Counter Claim
R. 1

1. In default of appearance by defendant suit to be posted on short cause dayIf on the day fixed for his appearance in the writ of summons the defendant does not appear and it is proved that the summons was duly served, the suit shall whether the summons was issued for final disposal or not, be set down for final disposal on the next or some subsequent short cause day.
R. 2

2. Procedure when defendant appearsIf the defendant appears personally or by an advocate before or on the day fixed for his appearance in the writ of summons: (i) Where the summons had been issued for final disposal, the suit shall be set down for final disposal on the next or subsequent short cause day; (ii) Where the summons is for appearance and for filing written statement on the date fixed for appearance. A copy of the written statement shall be served on plaintiff and the written statement shall not be accepted unless it contains an endorsement of service signed by such party of his Advocate.
R. 3

3. Extension of time for filing written statementOrdinarily, not more than one extension of time shall be granted to the defendant for filing a written statement provided that a second or any further extension may be granted only on an application made in writing setting forth sufficient grounds for such extension and supported, if so required, by an affidavit.
R. 4

[4. xxx xxx xxx]

R. 5

5. Service of copies of written statement and list of documents on the other sideNo written statement or list of documents shall be filed without the leave of the Court unless a copy thereof has been previously served on each party or his advocate. Parties or their advocates served with such copies shall give a receipt therefor. Copies shall be authenticated by the signature or initials of the parties or their advocates on each page at the bottom of the left hand margin.
R. 6

6. Orders as to claims for set-offWhere a defendant pleads a set-off under Order VIII, Rule 6 of the Code, the Court on the application of the plaintiff made in that behalf may at any stage of the proceedings and after hearing the defendant make an order directing that the claim for set-off be tried separately or make such other order as may be just.

R. 7

7. Counter-claim by defendant(a) A defendant in a suit, in addition to his right of pleading a set-off under Order VIII, Rule 6 of the Code may set up by way of counter claim against the claims of the plaintiff and right or claim, whether such counter-claim sounds in damages or not. (b) Subjection to be provisions of Rule 10, such counter-claim shall have the same effect as a cross-suit so as to enable the Court to pronounce a final judgment in the same suit, both on the original and on the counter claim.
R. 8

8. Counter claim to be specifically pleadedWhere any defendant seeks to rely upon any grounds as supporting the right of counter-claim he shall, in his written statement, state specifically that he does so by way of counter-claim.
R. 9

9. Reply to counter-claimWhen a counter-claim is made in a written statement plaintiff may deliver a reply to the counter-claim within three weeks or within such further time as the Registrar may for sufficient cause allow.
R. 10

10. Orders on counter-claimWhere a defendant sets up a counter-claim, the Court on the application of the plaintiff made in that behalf at any stage of the proceedings and after hearing the defendant make an order directing that the counter claim be tried separately or make such other order as may be just.
R. 11

11. Proceeding with the counter-claim where suit is stayed etc.Where in any case in which the defendant sets up a counter claim the suit of the plaintiff is stayed discontinued or dismissed the counter claim may nevertheless be proceeded with.
R. 12

12. Order XX Rule 19 to apply to decree in such suitsSub-rule (1) and (2) of Rule 19 of Order XX of the Code shall apply to the decree in a suit in which counter-claim is made.
Ch. VI,

1. Rule 4 deleted vide Notification No. 243/DHC/Rules dated 27-8-1987.

CHAPTER VII Directions

R. 1

1. Setting down for directionsWhen the pleadings have been closed, the suit shall after fifteen days thereof be set down before the Registrar for directions: Provided that any party may apply for directions before closing of the pleadings and the Registrar may grant or refuse such application.
R. 2

2. Issuing of directionsOn the suit coming for directions before the Registrar, he shall so far as practicable, make such orders as may be proper with respect to the following matters: Admission, discovery, interrogatories and inspection of documents.
R. 3

3. Appeal from Registrar to a JudgeRule 4 of the Chapter II shall apply in the event of any party wishing to have any matter on which directions have been given by the Registrar, under Rules 1 and 2 of this Chapter, referred to the Court.
R. 4

4. Date for settlement of Issues by CourtAfter the pleadings have been closed and the directions, if any, given, have been duly complied with, a date, shall be fixed for settlement of issues by the Court.

CHAPTER VIII Admissions, Denials, Framing of Issues and Examination of Parties

R. 1-A

[l-A.] Proceeding at the First hearingOn the date fixed for defendants appearance, the parties or their advocates, shall produce before the Court all the documents in their power or possession upon which they intend to rely. On the first hearing the Court shall ascertain from each party or his advocate whether he admits or denies such allegations of fact as are made in the plaint or written statement (if any) of the opposite party, and as are not expressly or by necessary implication admitted or denied by the party, against whom they are made. The Court shall record such admissions or denials.
1
R. 1-B

[1-B. Copies of all documents filed by parties will be supplied to the opposite party or parties unless it be impracticable to prepare a copy in which case the relevant extract of the documents may be supplied. The expense incurred for supplying copies will be taxable as costs.]
2
R. 2

2. Judgment at the first hearingIf on the hearing, judgment is confessed by the defendant, then the Court shall proceed to judgment. If on that date the defendant appears and the plaintiff does not appear, the Court shall make an order that the suit be dismissed, unless the defendant admits the claim or part thereof, in which case the Court shall pass a decree against the defendant upon such admission, and where part only of the claim has been admitted, shall dismiss the suit so far it relates to the remainder.
R. 3

3. Examination of parties etc. at the first hearingIf at the first hearing the defendant does not admit the claim the Court shall examine any party appearing in person or present in Court, or any person able to answer any material questions relating to the suit by whom such party or his advocate is accompanied. The Court, may, if it thinks fit, put in the course of such examination question suggested by either party.
R. 4

4. The substance of the examination shall be reduced into writing and shall form part of the record, and where after such examination it appears that the parties are not at issue on any question of law or of fact, the Court may at once pronounce judgment.
R. 5

5. Disposal of the matter at the first hearing(1) Where the parties are at issue on some question of law or of fact, the Court may frame issues, and if satisfied no further argument or evidence than that the parties can at once adduce is required upon such of the issues as may be sufficient for the decision of the suit, and that no injustice will result from proceeding with the suit forth-with, may, proceed to determine such issues, and, if the finding thereon is sufficient for the decision, may pronounce judgment accordingly.

(2) Further Proceeding-Where the finding is not sufficient for the decision, the Court shall adjourn the matter directing the parties to file a list of witnesses, which they propose to produce in support of their respective cases. The parties shall along with the said list file further documents, if any. They shall also indicate the particular fact or documents which is sought to be proved by the evidence of a witness. On the date so appointed, the Court shall after examining the said list and the particulars give further direction as to the hearing of the suit. 1. Renumbered as Rule l-A vide Notification No. 81/DHC/Rules dated 15-3-1988. 2. Rule 1-B added vide Notification No. 81/DHC/Rules dated 15-3-1988.

CHAPTER IX Interlocutory Applications

R. 1

1. FormEvery interlocutory application shall be instituted in the suit or matter in which it is filed.
R. 2

2. Contents of applications(i) Except where otherwise provided by these Rules or by any law for the time being in force, an interlocutory application: (a) shall contain only one prayer or one series of alternative prayers of the same kind; (b) shall not contain any argumentative matter; (c) shall be supported by affidavit stating clearly the grounds and the facts on which the application is based. (ii) Copies of the application, affidavit and of such other documents annexed thereto as the Registrar may direct shall also be filed for being served on the opposite side.
R. 3

3. Counter-affidavits etc.(i) Unless otherwise ordered by the Court, counter-affidavit shall be filed not less than four days before the hearing. (ii) Not more than one affidavit in rejoinder may be filed without the leave of the Court. Such affidavit, unless otherwise ordered by the Court, shall be filed not less than two days before the date of hearing. Such affidavit shall be confined strictly to matter of reply. (iii) No counter-affidavit and no affidavit in rejoinder shall be filed unless a copy thereof and copies of annexures thereto, if any, have been previously served on each party or his advocate. Parties or their Advocates served with such copies shall give a receipt therefor. Copies shall be authenticated by the signature or initials of the parties or their advocates at the end of the copy. (iv) Except by leave of the Court, no affidavit in support of an application no counter-affidavit and no affidavit in rejoinder beyond those which are filed and copies of which with annexures thereto served in time as aforesaid shall be used at the hearing or allowed on taxation. (v) Where any affidavit, counter-affidavit or affidavit in rejoinder is not filed or served as aforesaid it shall be kept separately in the record of the case until leave of the Court has been obtained under sub-rule (iv).
COMMENTS Where the application is an interlocutory application within the meaning of Chapter IX of the Delhi High Court (Orig inal Side) Rules, 1967 (hereinafter referred to as the Original Side Rules). In terms of the provisions of the Original Side Rules, co ntained in Chapter IX, it is obligatory that there has to be a supporting affidavit stating clearly the grounds and the facts on which the application is based. From a perusal of the application, it is apparent that neither the application nor the supporting affidavit has

been signed by the applicant. The supporting affidavit and the application both have been signed by the applicant but by Shri Narender Singh Jain, counsel for the applicant. It is the party filing the application is supposed to have the knowledge of the facts and not the counsel representing the party. The present interlocutory application, filed by the a pplicant, in my opinion, deserves to be rejected on the ground of non-compliance of the above said statutory provisions of the Original Side Rules. Raj Kumar Kapur v. Krishan Kumar Kapur, 1998 (44) DRJ 206 : 1998 RLR 29 : 1998 (1) AD (Delhi) 121. The rules in Chapter IX of Delhi High Court Original Side Rules and Rules 5, 6 and 7 of Chapter 1-C of Vol. V of Punjab High Court Rules and Orders which are concerning interlocutory proceedings are not mandatory in nature, inspite of the use of word shall. They are merely directory. When the defects regarding presentation of complaint or absence of signature or verification are treated as mere irregularity, which can be cured at a date subsequent to the date of filing the suit and date of institution of the plaint, would not change, there is no reason why the same position should not hold good even in respect of the applications for the substitution of L.Rs. Suraj Kund Temple and another v. Rama Kant and others, AIR 1989 H.P. 59.

CHAPTER X Commissions
Commission to Examine Witnesses
R. 1

1. (a) Applications for issuance of commissions to examine witness shall be made by the parties within 30 days from the date of the settlement of issues and shall be supported by an affidavit disclosing the nature of the evidence each of the witness is expected to give. If the witnesses are sought to be examined on interrogatories, the interrogatories will be submitted along with the application. Copies of such application, affidavit and interrogatories shall be served on the opposite party. (b) No application for the issuance of such commission shall be entertained after the suit or matter has been set down for trial unless the Court is satisfied that application could not have been made earlier, and in that event the Court may make such order as to costs or otherwise as it deems fit.
R. 2

2. (a) If the opposite party objects to the issuance of the commission, he shall file a reply supported by an affidavit, if necessary within 10 days of the service on him of the aforesaid documents. The application with the reply, if any, shall thereupon be placed before the Court for orders. (b) If the application is allowed and the order be for the examination of the witnesses on interrogatories, the opposite party shall file cross-interrogatories within 10 days of the date of the order and serve copies thereof on the other party, who shall within 7 days thereafter file reinterrogatories, if any. The matter will then be placed before the Court for final orders and the objections, if any, to the cross-interrogatories and re-interrogatories will be disposed of.
R. 3

3. Final hearing may be fixed after return of commissionIf the application referred to in Rule 1 or 2 is granted, the matter may not be set down for final disposal before the return of the commission, except by order of the Court.
COMMENTS Practice direction of Delhi High Court, requiring defendant to examine his witnesses on Commission before examination of plaintiffs witnesses does not alter rules of evidence in Evidence Act and Order 18, Rules 1 & 2 of C.P.C. Kishan Lal Gupta v. M/s. Dujodwala Industries, AIR 1977 Delhi 49. Rules 1 and 3 of Delhi High Court (Original Side) Rules are in keeping with the concept of continuous trial. These are not inconsistant with Evidence Act Sections 101 to 103 and are not ultra vires. These sections relate to burden of proof which is not in any manner affected by the Rules. Kishan Lal Gupta v. Dujodwala Industries, AIR 1977 Delhi 49.
R. 4

4. Preparation etc. of CommissionCommission shall be prepared by the Registrar who shall seal the same and annex thereto the interrogatories, cross-interrogatories, re-interrogatories and

documents, if any, and shall enclose it (with directions that the same be returned to him when executed) in a sealed envelope.
COMMENTS Delhi High Court (Original Side) Rules 1967 Chapter X is substituted for Order 37 of C.P.C. Under Order 37, Rule 3 the emphasis is that the Court must find whether the proposed defence raises triable issues or not. In case where triable issues arise, leave should ordinarily be given unconditionally to defend the suit, ILR (1973) 1 Delhi 123. In a suit on promissory note, where the defendant in his defence by affidavits did not make it incumbent on the holder of the pronote to prove consideration, grant of conditional leave by the trial Court under Rule 4 was upheld, ILR (1973) 1 Delhi 123.
R. 5

5. Commissions within local limitsCommissions for examination of a person within the local limits of the Court shall be executed by a Commissioner appointed by the Court.
R. 6

6. Examination de bene esseCommissions for examination of witness de bene esse may be issued at any time notwithstanding any thing hereinbefore contained in cases where it is not possible for the examination to be conducted by the Court.
R. 7

7. Return of Commission(a) Every order for the issue of a commission of Letter of Request may appoint a date allowing sufficient time for its execution and return. (b) If the Commissioner is unable to return the commission duly executed within the time fixed by the Court, the Court may extend the time or cancel the commission and may appoint another commissioner in his place.
R. 8

8. Deposition to be read over to and signed by the witnessThe evidence shall be recorded as far as possible in the narrative and in the language in which it is given by the witness; where it is not possible to do so, it may be recorded in English. After taking down the deposition of any witness but before obtaining his signature thereon, it shall be distinctly read over and, when necessary, interpreted to the witnesses and thereafter left with the Commissioner who shall subscribe his name and date of the examination.
Commissions for Accounts etc.
R. 9

9. Commissioner for taking accounts etc.The Court may appoint a suitable person as Commissioner for taking accounts, making local investigations and effecting partition of immovable property.
R. 10

10. Registrar to send necessary proceedings to CommissionerThe Registrar shall furnish the Commissioner with such part of the proceedings as may be necessary.

R. 11

11. Commission for taking accounts how executed(a) The Commissioner shall fix the period within which the statements of accounts and objections thereto are to be filed by the parties concerned. (b) The statement of account shall be in the form of a debtor and creditor account and shall be verified by the party concerned or his agent. The items on each side of the account shall be numbered consecutively and a balance shall be shown. (c) The statement of objections shall specify the items to which objections are taken by reference to their numbers in the statement of account. (d) The statement and objections shall also state (i) the grounds of each objection, and (ii) the balance, if any, admitted or claimed to be due: and it shall be verified by the affidavit of the party concerned or his agent. (e) If any party fails to file his statement of account or objections within the period allowed, the Commissioner shall report the fact to the Court. (f) When the case before him is ready for hearing, the Commissioner shall, after reading the statements filed before him and after examining the parties, if necessary, ascertain the points on which the parties are at issue and require them to produce their oral and documentary evidence on such points. (g) After the evidence has been duly taken and the parties have been heard, the Commissioner shall submit his report together with the entire record and a statement in the form of dairy of the proceedings before him. The report shall state: (i) The contested items allowed or disallowed by the Commissioner; (ii) The reasons for allowing or disallowing the above; (iii) The amount found due ; (iv) The name of the party to whom it is due ; and (v) The name of the party by whom it is due.
R. 12

12. Deposit of Commission fees(a) The Commissioner shall be paid such fees and in such manner as may be ordered by the Court. (b) The Court or the Registrar, as the case may be, may order that such amount as it or he considers proper, be deposited in Court in advance towards the Commissioners fees, together

with the costs of issue of the commission, within seven days of the grant of the commission or letter of Request or within such further time as may be allowed. In default, the matter shall, unless otherwise ordered for reasons recorded in writing, be set down for final disposal in due course. (c) If at any subsequent time the Court is satisfied that the deposit made under sub-rule (b) is not sufficient to cover the remuneration of the Commissioner, if may, after notice to the parties or their Advocates, order that such further amount as it considers proper be deposited in Court within seven days from the date of such order or within such further time as the Court may allow. In default, the procedure prescribed in sub-rule (b) shall be followed.
R. 13

13. Notice of filing of report; Filing objections thereto(a) On receipt of the report of the commissioner other than the report forwarding the deposition of a witness recorded by him, the Registrar shall give notice to the parties to the suit or matter of the filing of the report. (b) Any party desiring such report to be set aside or varied shall, unless the Registrar, otherwise directs, within ten days from the date of the service of such notice on him, file his objections thereto that serve a copy of the same on the other parties to the suit or matter. After the objections have been filed as aforesaid, the suit shall be set down for hearing of such objections. If any party after having filed objections/ abandons or does not proceed with them, any other party in the same interest shall be at liberty to proceed with such objections.
R. 14

14. Notwithstanding anything contained in this Chapter Commissions and letters of Request for examination of witnesses in foreign countries will be governed by the directions issued by the appropriate authorities from time to time.
Ch. X,

[CHAPTER X-A Evidence on Commission at Courts Discretion

1

Commissions to examine parties and witnessesNotwithstanding anything contained in Order XXVI of the Code of Civil Procedure, 1908, the Court may, at its discretion, in any suit, at any stage, direct that the parties and witnesses be examined on Commission. The evidence recorded on Commission shall be read as evidence in the suit.]
COMMENTS It is due to some drastic requirement that Chapter X-A had been incorporated in the Delhi High Court (Original Side) Rules, 1967. We are in agreement with the observations in Fashion Linkers case on this point. In our view the opinion expressed in Deepak Kapurs case that the Rule was merely a proviso or an exception to Order 26 of the Code of Civil Procedure is not the correct view. The beginning part of Chapter X-A clearly states that it is to apply notwithstanding anything contained in Order 26 of the Code of Civil Procedure. This itself makes it clear that while exercising powers under this Rule the Court is not circumscribed by the limits which are laid down under Order 26 of the Code of Civil Procedure. Under this Rule Court can exercise power even for other reasons i.e. reasons/circumstances not set out in Order 26 CPC, if in its discretion it is necessary to do so. However it is also clear that this Rule does not give to the Court an absolute discretion to refer recording of evidence to a Commissioner without there being any reasons whatsoever. Recording of evidence by the Court has to be the normal rule/procedure. Examination of witnesses on commission has to be an exception. The discretion, vested by virtue of this Rule, has to be exercised judicially and for valid reasons. The Court must while exercising power under this Rule record those reasons in writing. It is also clear that while the Court may exercise the power under this Rule, it cannot by virtue of this Rule delegate any judicial powers to the Commissioner. Thus anything which is required to be dealt with judicially can only be done by the Court and cannot be delegated to the Commissioner. Thus for example the power to allow or disallow questions or to decide objections or to decide relevancy cannot be delegated to a Commissioner. The provisions of Order 26 Rule 16-A of CPC would continue to apply even though the Court may exercise power under Chapter X-A. Pushpa Devi v. Bimala Devi & Others, 2000 (52) DRJ 437 : 2000 (2) AD (Delhi) 404. Appointment of Local Commissioner for recording of evidenceOne Division Bench taking a different view from the earlier division bench. Because the question of law involved in earlier Bench was left open, the decision of earlier Division Bench ceased to be binding and the subsequent Division Bench can reconsider the whole matter afresh without referring the same to a larger bench. The decision in Deepak Kapur v. Ashok K. Ghose, 1994 (30) DRJ 489 is no longer good law. Fashion Linkers & others v. Savitri Devi & Anothers, 1995 (35) DRJ 195 : 1995 (60) DLT 169 : 1995 (4) AD (Delhi) 398.

1. Chapter X-A inserted vide Notification No. 28/Rules/DHC dated 28-2-1991.

CHAPTER XI Witnesses
R. 1

1. Summons to witnesses(a) An application for calling witnesses before the Court or a Commissioner appointed to take evidence, shall set forth a list of the witnesses and state, in addition to the particulars required by Rule 4 of Chapter XXI, whether they are required to give evidence as experts or otherwise or to produce any document, and, in the latter case shall specify the date and description of the document so as to identify it. (b) If the applicant desires to produce witnesses or any one of them under Order XVI, Rule 1-A of the Code, the fact shall be stated in the application. (c) Upon the grant of process, the process fee, travelling expense and subsistence allowance chargeable, if any, in respect thereof shall be calculated by the office forthwith and deposited by the party concerned within seven days.
R. 2

2. Re-attendance of witnesses on adjourned hearingWhen the hearing is adjourned, reattendance of the witnesses present may be secured by payment to them of travelling and subsistence allowances and by binding them over on the date fixed by the Court for reattendance.
R. 3

3. Production of public document(a) Every application for summons for production of public documents shall be supported by an affidavit stating (i) The document or documents the production of which is required; (ii) The relevancy of the document or documents ; (iii) Why the production of a certified copy of the same would not serve the purpose; and (iv) In case where the production of a certified copy would serve the purpose, whether application was made to the proper officer for a certified copy and the result of such application. (b) The Registrar shall not issue such summons unless he considers the production of the original necessary and is satisfied that the application for a certified copy has been duly made and has not been granted. The Registrar shall in every case record his reasons in writing. (c) Nothing in this rule shall apply to an application under Order 13, Rule 10 of the Code of production of the record of any suit of proceeding.

R. 4

4. Return of original public record after its production in evidenceWhen public records are produced and put in evidence in original, the Court unless it thinks it necessary to retain the original, shall direct a copy to be made at the expense of the applicant and shall return the original.
R. 5

5. Power to Court to summon public records suo motuNothing in Rule 4 shall prevent the Court of its own motion from sending for public records or other documents in the custody of a public officer or Court if it thinks it necessary for the ends of justice. Costs for such summoning and of production of such records or documents shall be paid by such party as the Court directs.

CHAPTER XII Adjournments

R. 1

1. Adjournments to be to a day certainAll adjournments shall be to a day certain. No suit or matter shall be adjourned sine die except for reasons recorded in writing.
R. 2

2. Adjourned granted only on good causeNo adjournment shall be granted except on good cause shown. The consent of parties shall not or itself be a good cause for adjournment.

CHAPTER XIII Proceedings at the Hearing of Suits and up to and Inclusive of Decrees
R. 1

1. Evidence, how taken(a) Upon the hearing of any suit or matter the evidence of each witness shall be taken down by or in the presence and under the superintendence of the Judge, ordinarily in the form of a narrative.
Ch. XIII,

(b) A party to a suit or matter in which deposition of a witness has been taken down in shorthand or typed to the dictation of the Judge shall be entitled to be furnished on payment of the prescribed fee with a typed copy of the transcript, provided that ordinarily a written application has been made at the commencement of the hearing to be so furnished with a copy.
R. 2

2. Any particular question and answer may be taken downThe Court may of its own motion or at the request of any party or his advocate, take down or cause to be taken down any particular question and answer, or any objection to any question.
R. 3

3. Numbering of witnesses and documentsDepositions of witnesses of both sides and documents admitted in evidence shall be numbered in such manner as the Court may direct.
R. 4

4. Witnesses not to be present in Court during hearing of the suitWitnesses other than the parties shall not, unless otherwise ordered by the Court be present during the hearing of the suit or other matter in Court-room before their depositions have been recorded.
R. 5

5. Exhibits other than in English to be translatedExcept by leave of the Court, no document not in English language, shall be read or received in evidence unless it is translated in English-in accordance with the rules.
R. 6

6. No compromise without leave of Court in pauper suitsWhere a plaintiff has been permitted to sue in forma pauperis the suit shall not be compromised without leave of the Court.
R. 7

7. Written judgment of two or more Judges how pronounced(1) Judgments may be either oral or written; (2) When the Court delivers an oral judgment, it shall be taken down by the shorthand-writer. A transcript shall then be prepared for correction by the Judge or Judges who delivered the

judgment. A fair copy of the transcript so corrected shall be signed by the Judge or Judges and dated with the date of delivery and shall be the record of the judgment.
R. 7-A

7-A. When any suit or matter is heard by two or more Judges (i) If they have agreed to a written judgment and signed it, one of them may pronounce the judgment in the absence of the other or others; (ii) if any one or more of them have written separate judgments, one of them any pronounce the judgments written and signed by the other or others in his or their absence.
R. 7-B

7-B. Where a written judgment is to be pronounced it shall be sufficient if the finding of the Court on each issue and the final order passed in the case are read out, and it shall not be necessary for the Court to read out the whole judgment; but a copy of the whole judgment shall be made available for the perusal of the parties or their pleaders immediately after the judgment is pronounced.
R. 8

8. Payment of costs a condition precedent for bringing a fresh suit When a suit is allowed to be withdrawn with liberty to bring a fresh suit in respect of the same subject-matter then unless the Court shall otherwise direct the other shall be drawn up so as to make the payment of the costs of the suit a condition precedent to the plaintiff bringing a fresh suit.
R. 9

9. Settling of draft of decreeWhere the Registrar considers it necessary that the draft of any decree or other should be settled in the presence of the parties or where the parties require it to be settled in their presence, the Registrar shall, by notice in writing, appoint a time for settling the same and the parties shall attend the appointment and produce the briefs and such other documents as may be necessary to enable the draft to be settled.
R. 10

10. Where any party is dissatisfied with the decree or other as settled by the Registrar, the Registrar shall not proceed to complete the decree or order without allowing that party sufficient time to apply by motion to the Court.
R. 11

11. Copies of decrees to Collector in case of pauper costsThe Registrar shall cause copies of decrees to be prepared without delay for communication to the Collector in cases in which pauper costs are recoverable by the Government.
R. 12

12. Errors how rectified after decree sealedAfter a decree or order has been sealed, any application to rectify any inaccuracy other than a clerical or arithmetical error and to make it in accord with the judgment, shall be made to the Judge who passed the decree or order, or in the

event of his absence, to any other Judge, and the Judge may after notice to the parties, when he deems it necessary amend the same so as to bring it into conformity with the judgment, or rectify such inaccuracy or error. Save as aforesaid no alternation or variation shall be made without a review of judgment, and re-hearing under the provisions of Section 114 and Order XL VII of the Code.
Ch. XIII,

CHAPTER XIV Suits by or Against Minors and Persons of Unsound Mind

R. 1

1. Admission of next friend to bring a suit formal order unnecessaryWhen a suit is brought on behalf of a minor, the next friend shall make an affidavit, to be presented with the plaint in the suit, that he has no interest directly or indirectly adverse to that of the minor, and that he is otherwise a fit and proper person to act as such next friend. The age of the minor shall also be stated. No formal appointment of the person instituting the suit as next friend need be made.
R. 2

2. Next friend to file address for service(a) The next friend shall file along with the plaint a memorandum in writing stating his address for service. (b) If the next friend fails to file his address for service as aforesaid or within such further time as the Registrar may allow, the plaint shall not be admitted.
R. 3

3. List of all likely guardians ad litem to be filed(a) In suits where the defendant is a minor, the plaintiff shall file with the plaint a list of relatives and all other persons with correct addresses, who prima facie are most likely to be capable of acting as guardian for the minor defendant in the suit. (b) A notice shall issue simultaneously to all such persons, single process fee being levied. Such persons shall be deemed to be unwilling to act as guardian ad litem, if, after service of notice, they fail to appear on date fixed. (c) If the persons specified in the list filed under sub-rule (1) are unwillingly act as guardian ad litem, the Registrar may, it there be more defendants than one and their interests are not adverse to the minor, appoint one of such defendants who may be willing to act as guardian ad litem; or may appoint forthwith one of the officers of the Court as such guardian ad litem.
R. 4

4. Address for service of guardian ad litemEvery guardian ad litem of a defendant other than an officer of the Court, shall, within seven days of the order of his appointment as such or within such further time as the Registrar may allow, file in Court a memorandum in writing stating his address for service. Failure on his part to do so may be deemed sufficient ground for removing him under Rule II of Order XXXII of the Code.
R. 5

5. Application of Rules 1 to 4 to persons of unsound mind and to appeals and applicationsThe provisions contained in this Chapter so for they may be applicable extend mutatis mutandis to persons adjudged to be of un-sound mind and to persons who, though not so adjudged are found by the Court, on enquiry to be incapable of protecting their interests when

suing or being sued by reason of unsoundness of mind or mental infirmity. These provisions shall apply to appeals and applications connected therewith.

CHAPTER XV Summary Suits [Order XXXVII of the Civil Procedure Code as in force from time to time shall apply to suits filed under this Chapter.]
1
Ch. XVI,

1. Substituted vide Notification dated 13-1-82 Delhi Gazette Part II Section I.

CHAPTER XVI Commercial Suits

R. 1

1. Commercial cases definedCommercial suits include suit arising out of the ordinary transactions of merchants, bankers and traders; and amongst others those relating to the construction of mercantile documents, export or import of merchandise, affraightment, carriage of goods by land, sea or air insurance, banking and mercantile agency and mercantile usages.
R. 2

2. Plaint in such cases to be marked Commercial SuitsWhere a plaintiff, on the presentation of the plaint, applies that his suit may be dealt with as a commercial suit, the Registrar shall if satisfied that the suit is a commercial suit and has been brought without undue delay, cause the plaint to be marked with the words Commercial Suit in addition to the usual endorsements. ExplanationA suit which has been brought within six months of the cause of action having arisen has been brought without undue delay.

CHAPTER XVII Dates and Cause Lists

R. 1

1. Cause lists(a) On such day in the week as may be fixed by him, the Registrar shall sit to fix dates in suits, miscellaneous and interlocutory applications and other matters pending on the original side. (b) Subject to the orders of the Court, matters fixed for final disposal on any day of the week shall be entered in the list for that day according to the date of their registration provided that precedence be given to : (i) Part-heard matters; (ii) As between the suits of the same year to commercial suits. (c) The cause list shall be prepared under the directions of the Registrar and signed by him; (d) If there be more Judges than one on the Original Side, a separate cause-list of the matters before each Judge shall be prepared in the manner aforesaid.
R. 2

2. Day for short causesShort causes shall be set down for hearing on such date as may be appointed for the purpose.
R. 3

3. What are short causesThe following suits or matters shall be deemed to be short causes : (1) Ex-parte suits; (2) Undefended suits; (3) Suit to which Chapter XV applies; (4) Mortgage suits, rent suits on bonds or acknowledgement; (5) Objection to Commissioners report; (6) Such other suits or matters as may, by special order of the Court, be directed to be tried as short causes. Any other suit or matter shall be deemed to be a long cause.

R. 4

4. Fixing of dates for final disposalSuits to which Chapter XV applies shall not be set down for hearing till the expiration of 10 days from the date of service of summons. If an application for leave to defend is filed within those ten days, notice shall be given to the plaintiff or his advocate and the suit shall be set down for hearing of the application instead of for final disposal.
Ch. XVIII,

CHAPTER XVIII Affidavits

R. 1

1. Proof of facts by affidavitsThe Court may at any time for sufficient reasons, order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions as the Court thinks reasonable: Provided that where it appears to the Court that either party bona fide desires that production of a witness for cross-examination and that such witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit.
COMMENTS In order to justify an Order directing the parties to produce affidavits in support of their cases, there must be sufficient reason. Punjab and Sind Bank v. M/s. Manjit Properties (P) Ltd., AIR 1995 Delhi 355.
R. 2

2. Evidence by affidavitUpon any application evidence may be given by affidavit; but the Court may, at the instance of either party, order the attendance for cross-examination of the Deponent, and such attendance shall be in Court, unless the Deponent is exempted from personal appearance in Court or the Court otherwise directs.
R. 3

3. TitleEvery affidavit shall be instituted in the cause, appeal or matter in which it is sworn.
R. 4

4. FormEvery affidavit shall be drawn up in the first person, and shall be divided into paragraphs to be numbered consecutively, and shall state the description, occupation if any and the true place of abode of the Deponent.
R. 5

5. Contents of affidavitAffidavits shall be confined to such facts as the Deponent is able of his own knowledge to prove, except on interlocutory applications, on which statements of his belief may be admitted, provided that the grounds thereof are stated.
R. 6

6. Interpretation of affidavitsAn affidavit requiring interpretation to the deponent, unless interpreted by any of the persons mentioned in Rule 7, shall be interpreted by an interpreter nominated or approved by the Court, if made within the jurisdiction of this Court, and if made elsewhere, shall be interpreted by a competent person who shall certify that he has correctly interpreted the affidavit to the Deponent.
R. 7

7. Before whom affidavits are to be swornAffidavits for the purposes of any cause appeal or matter before a Notary or any authority mentioned in Section 139 of the Code or before the

Registrar of the Court, or before the Commissioner generally or specially authorised in that behalf by the Court. The authority attesting any such affidavit shall wherever the person is know to him, append a certificate to that effect on the affidavit and where the person affirming the affidavit is not known to the authority concerned the certificate shall state the name of the person by whom the person affirming the affidavit has been identified. Wherever an affidavit is affirmed by an illiterate person or a person not conversant with the English language, the authority concerned shall before attesting the same translate and interpret the contents of the affidavit to the person affirming the same and certify the said fact separately under his signature.
R. 8

8. Pardahnashin womenWhere the Deponent is a Pardahnashin lady, unless she is known to the person attesting the affidavit, she shall be identified by a person to whom she is known and that person shall also prove the identification by a separate affidavit.
R. 9

9. Marking, dating and initiating on exhibitsEvery exhibit annexed to an affidavit shall be marked, initialled and dated by the authority before whom it is sworn.

CHAPTER XIX Receivers

R. 1

1. Application for appointment of Receiver to be by petition supported by affidavitsEvery application for the appointment of a receiver shall be made in writing and shall be supported by an affidavit.
R. 2

2. Register of ReceiversOn an order for the appointment of a receiver being drawn up and signed, an entry shall be made in a register to be kept for the purpose. a copy of the order of appointment shall be sent to the receiver.
R. 3

3. Receiver other than official receiver to give securityWhere an order is made directing a receiver to be appointed, the person appointed, if not the Official Receiver, shall, unless otherwise ordered, first give security to the satisfaction of the Registrar for the due performance of his duties as receiver. Unless the Court otherwise orders, the Registrar shall take the personal bond of the receiver with such number of sureties as he may consider necessary. The amount of the bond shall be double the annual rental of the immovable property, or the value of the movable property which is likely to come into the hands of the receiver. Such annual rental or value shall be estimated after notice to the parties and the receiver and in case of disagreement the matter shall be placed before a Judge in Chambers for orders. The sureties shall leave with the Registrar an address within the jurisdiction of the Court for service of any notice on them.
R. 4

4. Surety may point out omission or neglect of duty cast on receiverIf the security mentioned in Rule 3 be furnished by the receiver by his executing a bond with a surety or sureties (including in the latter term a guarantee Company or society), the surety or sureties shall be entitled, by an application to bring to the notice of the Court any act, omission or neglect of any duty cast on the receiver by law or any other circumstance, which would entitle the surety or sureties to be discharged from the obligation created by such bond and the Court may thereupon make such order and on such terms as it may think fit.
R. 5

5. Receiver to submit reportUnless otherwise ordered by the Court the Receiver shall, within one week of the appointment, submit to the Court a detailed report regarding the property with an inventory of the property, account books, etc. taken charge of documents by him.
R. 6

6. Directions for investment of monies in the hands of the receiver Unless otherwise ordered by the Court, the Registrar shall, in consultation with the parties, give appropriate

directions for the investment of all monies received by a receiver. Ordinarily such monies shall be deposited in a Scheduled Bank or invested in Government securities.
R. 7

7. Notice to surety of application effecting suretys riskThe surety or sureties mentioned in Rule 4 shall be entitled to notice of any application to the Court, on the part of the receiver, or any other party interested relating to any property in the management or under the control of the receiver which may affect the risk undertaken by the surety or sureties under the security bond furnished by the receiver and the Court upon hearing the said surety or sureties may make such order as to his or their cost of appearance in such application as it may think fit.
R. 8

8. Powers of ReceiverIn the absence of any order in that behalf every receiver of immovable property shall have all the powers specified in Order XL, rule (d) of the Code, except that he shall not without the leave of the Court
Ch. XIX,

(a) grant lease, or (b) bring suits, except suits for rent, or (c) institute an appeal in any Court (except from a decree in a rent suit) where the value of the appeal is over Rs. 1,000; or (d) expend on the repairs of any property in any period of two years more than one-fourth of the annual rental of the property to be repaired, such rental being calculated at the amount at which the property to be repaired could be let out within fair state of repairs.
R. 9

9. Receivers remunerationThe scale of remuneration of the Receiver shall, unless otherwise ordered by the Court in a particular case, be as under (1) on (a) Rents recovered, (b) outstanding recovered except as provided in item (2) below, and (c) Value realised on the sale of movable and immovable properties calculated on any one estate: (i) On First Rs. 10,000 5 p.c. (ii) Above Rs. 10,000 up to Rs. 20,000 3 p.c. (iii) Above Rs. 20,000 up to Rs. 50,000 2 p.c. (iv) Above Rs. 50,000 up to Rs. 1,00,000 1 p.c.

(v) Above Rs. 1,00,000 p.c. (2) On outstandings recovered from a Bank or from a public servant without filing a suit (i) Up to Rs. 1,00,000 1 p.c. (ii) On any further sum exceeding Rs. 1,00,000 p.c. (3) For taking charge of movable property which is not sold on debentures, debenture-stock or other securities which are not sold on the estimated value 1 p c. (4) For taking custody of moneys 1 p.c. (5) For taking custody of Government securities of stocks, shares, the estimated value 1 p.c. (6) For any work, not provided for above, such remuneration as the Court on the application of the receiver shall think reasonable. Whenever the properties are in charge of an official receiver the above fees shall be credited to Government revenue.
R. 10

10. Establishment and costs therefore to be detailed in the appointment orderThe establishment, clerical or otherwise, required by a receiver, if any, and the cost thereof chargeable to the state or property of which he is appointed receiver shall as far as possible, be detailed in the order of appointments or in subsequent order.
R. 11

11. No charge for additional establishment allowedUnless otherwise ordered, no charge for establishment shall be allowed to the receiver.
R. 12

12. Receiver to file half-yearly accountsEvery receiver shall, unless otherwise ordered file his half-yearly account in Court, the first of such accounts to be filed within one month after the expiration of six months from the date of his appointment, and every subsequent account within one month after the expiration of each succeeding period of six months, or in a case where the purpose for which the receiver was appointed has been carried out or completed before the expiry of six months from the date of appointment, within one month from the date of such carrying out or completion. Form of affidavitEvery such account shall show the balance in hand, and if so what portion thereof is required for the purpose of the estate and how much may be paid into Court or invested, and shall be verified by an affidavit.

R. 13

13. Examining and vouching of accounts by RegistrarEvery such account, before being submitted to the Court, shall be examined and verified by the Registrar, who may for this purpose require the attendance of the receiver or his explanation or his evidence upon oath or affirmation or the production of any document by him and receive within such time as he may appoint and decide objections to the account and shall embody the result of his examination in a report.
R. 14

14. Appointment of date for passing accountsNotice thereofAfter the Registrar shall have submitted his report to the Court under Rule 13, he shall obtain a date from the Court for passing such accounts, or which date notice shall be given to the person interested including the sureties and to the receiver.
R. 15

15. Objection to report to be filedObjection, if any to the report shall be filed in Court one week before the day fixed for the passing of the accounts or within such further time as may be allowed by the Court. They shall specify in a concise form the nature of the objection and shall be signed and verified.
R. 16

16. Passing of accounts by CourtWhere no objections are filed, the Court shall if otherwise satisfied pass such accounts. Where objections have been filed, the Court shall subject to Rule 18 after hearing the objections make such order as it may think proper.
R. 17

17. Procedure of hearing of objectionsThe Court may, from time to time, adjourn the hearing of any objections or may refer them to an officer of the Court or to any other person, with such directions as the Court may deem fit.
R. 18

18. Auditing of difficult and complicated accountsIn any case where the accounts are difficult and complicated, Court may order such accounts to be audited at the expense of the estate by a Chartered Accountant.
R. 19

19. Order as to payment of balanceThe Court, on the passing of the Accounts, may make such order as to the payment of the balance, or any part thereof, either into Court or in such other manner as may seem proper.
R. 20

20. Consequence of Receivers negligence to file accounts or pay the balance etc.Where any receiver neglects to file his accounts, or to pass the same or to pay the balance or any part thereof as ordered the matter shall be reported by the Registrar to Court, and the Court may, from time to time, when the accounts of such receiver are produced to be examined and passed, not only disallow, the remuneration therein claimed by such receiver but also charge him with

interest not exceeding nine per cent per annum upon the balance, if any, so neglected to be paid by him during the time such balance shall appear to remain in the hands of such receiver.
R. 21

21. Consequence or default by receiverWhere any receiver fails to file any account or affidavit or to make any payment or commits any other default the receiver or persons interested or any of them, may be required by notice to attend before the Court to show cause why such account or affidavit has not been filed or such payment made or any other proper proceeding taken and thereupon the Court may give such directions as may be proper, including the discharge of the receiver and appointment of another and also the payment of costs by the defaulter.
R. 22

22. Rule 8 applicable to manager or guardianSubject to the order of the Court, Rule 8 shall apply to a guardian of the person or estate of a minor and the manager of the estate of a lunatic appointed by the Court.
R. 23

23. Interim receiverUnless otherwise ordered by the Court, the provisions of this Chapter shall apply mutatis mutandis to orders for appointment of interim receivers.

CHAPTER XX Security Procedure

R. 1

1. Security Summons(a) Subject to any directions given by the Court, where security is ordered to be given to the satisfaction of the Registrar the party ordered to give security shall take out a summons within 14 days of the date of the order and shall serve the same upon the opposite party. (b) The summons shall state the name and address of each surety to be tendered and a full and sufficient description of the property to be given as security.
R. 2

2. Affidavit to Justification(a) Simultaneously, every person offering himself as a surety shall make and file an affidavit of justification touching the value of his property and the debts and liabilities to which it is subject and also a draft of the bond proposed to be given. Copies of such affidavits and the draft bond will be served alongwith the summons on the opposite party. (b) Affidavits of justification shall be deemed insufficient unless they state that each person justifying is worth the amount required, over and above what will pay his just debts and over and above every other sum for which he is then surety.
COMMENTS If for any good reason, the title deeds cannot be deposited, the matter must be reported to the Court for such directions as it may deem fit to give in the circumstances of the case. the Court may order the surety to execute and register a regular mortgage-deed in favour of the Registrar or other officer of the Court or it may, if so consented to by the surety, order attachment of the immovable property of the surety, or the Court may pass such other or further orders according to law as it may deem fit. M/s. Label Art Press and another v. Indo European Machinery Co. (P) Ltd., AIR 1974 Delhi 136.
R. 3

3. Time for inquiryUnless time be extended by the Court, the Registrar shall allow or disallow the surety within 60 days of the date of the order requiring security.
R. 4

4. Production of title deeds etc. and examinationEvery person offering himself as surety, shall produce before the Registrar all his title deeds, vouchers and other relevant and necessary documents on the day fixed for his examination. Such person may be examined by the Registrar on oath or solemn affirmation touching the value of his property, and the debts and liabilities to which it is subject. After being examined and allowed, he shall sign the requisite bond and shall deposit his title deeds, vouchers and such other documents as the registrar may require: Provided that in any case the Registrar may, on good cause shown, dispense with the deposit of some or all of the said documents and may return the same to the surety with an endorsement thereon as follows :

To Whomsoever it May Concern

Take notice that the property to which this document relates stands charged for the payment of a sum of Rs . . . . . . . . . . by a bond executed on . . . . . . . . . . day of . . . . . . . 19 . . . . . . . . . by . . . . . . . . . .. in suit No . . . . . . . of 19 . . . . . . . . . entitled . . . . . . . . . . . . . . . . v . . . . . . . . . . . . . . . . . .pending in the High Court of Delhi. (2) The endorsement referred to in the proviso to sub-rule 1 shall be cancelled by the Registrar when the surety is or stands discharged.
R. 5

5. Property in respect of which surety may justifyThe title deeds may relate to immovable property situate beyond the local limits of the ordinary jurisdiction of the Court, but shall in all cases be in the name of the proposed surety. A surety may justify also in respect of movable property of which he can produce evidence satisfactory to the Registrar, such as, deposit receipts, Government Promissory Notes, or other evidence of title.
R. 6

6. More than two sureties irregularA tender of notice of more than two sureties shall not be accepted except by order of the Court.
R. 7

7. Who may be present at the examinationExcept with the specific permission of the Registrar, no person other than the party giving security, the sureties and their respective advocates, the party or parties, if any, on whom notice has been served and his or their advocate or advocates, shall be present at the examination of any surety by the Registrar.
R. 8

8. Who are not competent suretiesUnless the Court otherwise orders, an advocate practising within the limits of the jurisdiction of the Court, a clerk of such advocate or an officer of the Court, shall not be accepted as surety.
R. 9

9. Security for costsIf a party is required to give security for costs, unless the Court otherwise orders, the penal sum in the bond shall not be less than one thousand rupees.
R. 10

10. Custody of securities and security bondsAll papers and records relating to the taking of security, including securities and security bonds, shall be kept by the Registrar in safe custody in his safe in the strong room after making an appropriate entry in a register to be maintained by him for the purpose.
Ch. XXI,

CHAPTER XXI Processes etc.

R. 1

1. Service of notice(a) Except where otherwise provided by these Rules, or ordered by the Court, all summons, notices other documents required to be given to or served on a party or person, who resides within the jurisdiction of this Court, shall be served on such party or person either personally or on his advocate. (b) Service of any notice, order or other document upon a person, who resides outside the jurisdiction of this Court, but within the territory of India, may ordinarily be effected by posting a copy of the document required to be served in a prepaid envelope registered for acknowledgement addressed to the party or his agent empowered to accept service, at the place where the party or his agent resides or carries on business or personally works for gain. (c) Notwithstanding anything hereinabove contained in rule 1(b) the Registrar may direct in a particular case or class of cases, that the service shall be effected in the manner provided by the Code for service of summons. (d) Unless the contrary is proved, a document served by post shall be deemed to be served at the time at which it would be delivered in the ordinary course of post.
R. 2

2. Time for payment of process fee and consequence of nonpaymentProcess fees for the issue of summons, notice or other process and costs of advertisements shall be furnished to the Registrar. (a) In case where the returnable date fixed is less than four weeks within three days of the order; and (b) In other cases within seven days from the order directing such summons; or (c) Within such further time as may be allowed for the purpose by the Registrar. If the plaintiff or applicant fails to take any step or where the plaintiff or applicant commits default in furnishing the process fee or in making such payment or it appears to the Registrar that he is not prosecuting the matter with due diligence, the Registrar shall call upon him to explain his default and if no explanation is offered, or if the explanation offered appears to Registrar to be insufficient, the Registrar may issue a summons calling upon the plaintiff or the applicant to show cause before the Court why the plaint or the application should not be dismissed.
R. 3

3. Power to dismiss for non-prosecutionUpon such summons being issued, the Court may, after hearing the plaintiff dismiss the suit for non-prosecution or give such other direction thereon as justice of the case may required.

R. 4

4. Full address to be given of persons on whom process to be servedPersons on whom processes are to be served or executed, shall be described therein fully, by a statement of the name, fathers name and other particulars as will facilitate identification and service. In the case of service and execution of process in towns the name of the street, lane or section and the number of the house (if any) shall also be given.
R. 5

5. Summons for final disposal and settlement of issuesSummons shall issue for final disposal in short causes and for settlement of issues in long causes.
R. 6

6. Returnable date of summonsUnless otherwise ordered every writ of summons shall be made returnable as follows : (1) If the defendant or all the defendants aside within the jurisdiction of the Court, in four weeks from the date of the admission of plaint; and (2) In all cases, within such time as may be considered sufficient for the transmission, service and return of the summons.
R. 7

7. Expeditious issue of processesProcess for service or execution shall be made ready and issued expeditiously.
R. 8

8. Process to be served after identification of partyThe serving officer shall serve all processes entrusted to him after due enquiry as to the identity of the persons on whom or the house or property where, the same is to be served : Provided that if it appears to the Registrar that sufficient information cannot be given as to the identity and place of residence of the person whom process is to be served or as to the house or property where process is to be served or if the Registrar is satisfied from the affidavit of the serving officer or upon his examination on oath (if necessary) that the person or the house or property or the place of residence of the person aforesaid could not be identified after due diligence and enquiry he may ask the party concerned to supply an identifier.
COMMENTS A perusal of the provisions of Rules 8 to 11 goes to show that the underlying object behind the abovesaid provisions is to insist on the presence of one respectable person of the locality who may identify the house or property on which the process was affixed on a house or property with which the person sought to be served has nothing to do. The use of the words whenever possible in Rule 9 and the words if any in Rule 10 clearly suggest that the provision as to presence of the person identifying the property is merely by way of caution: it is directory and not mandatory. The language of Rule 11 goes to suggest that the presence of at least one respectable witness is necessary when the process server writes the report of service on the process. If the presence of at least one respectable witness and attestation by him is not made mandatory by rules 8 to 10, then the presence of one respectable witness at the time of drawing up the report of service by the process serving officer under Rule 11 cannot be termed or held mandatory. It is also directory. Ultimately it is a question of satisfaction of the court as to the sufficiency of service. It is common knowledge that unconcerned persons have a tendency to avoid themselves being involved into court

proceedings. If the presence of at least one witness or more at the time of affecting service by affixation is held to be mandatory, two consequences - both undesirable - shall follow. Firstly, it would amount to expressing a distrust in the process serving agency of the court. Secondly, in a good number of cases service by affixation may be rendered difficult and impracticable, if not impossible. The most reasonable view to be taken would be to leave the question of sufficiency of service in an individual case being determined by the Court which may before proceeding ahead with hearing of a matter on merits form its opinion whether it was satisfied on the sufficiency of service by affixation as disclosed by the report of the process server and/or from the inquiry made by the Court which it may deem fit to make regarding the manner or events touching the service. Sahara Deposits & Investments (P) Ltd. v. Shri Karan Singh, 1996 (63) DLT 377 : 1996 (1) AD (Delhi) 416.
R. 9

9. Endorsement of identifier on the original processIf the serving officer is not personally acquainted with the person to be served, he shall, whenever possible obtain on the original process the endorsement by signature or thumb-impression of a respectable person of the locality identifying such person or place of residence or the house or property on which the process is served.
R. 10

10. Procedure where defendant refuses to accept service or cannot be found Where the person to be served, or his agent, refuses to sign the acknowledgment of where the serving Officer, after using all due and reasonable diligence, cannot find that person and there is no agent empowered to accept service of the summons on his behalf, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which that person ordinarily resides or carries on business or personally works for gain, and shall then return the original to the Court from which it was issued with a report endorsed thereon annexed thereto stating that he has so affixed the copy, the circumstances under which he did so and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed. He shall also obtain the signature of the person on the return, who identified the person or in whose presence the copy was affixed on the said house.
COMMENTS Rule 1 of the Original Side Rules states that a party must be personally served. This is in consonance with Rules 12 and 13 of Order V of the Code of Civil Procedure. However, Rule 15 of the same Order ought not to be overlooked since it mentions that where personal service is not possible, such a party may be served by any adult member of the family, whether male or female. Rule 10 of the Original Side Rules requires the Process Server to make out a full report and should be read with Rule 12 of the Original Side Rules. While on this subject it is plainly clear that sub-rule (4) of Rule 12 of the Original Side Rules cannot be given effect to as it runs counter to Rule 15 of Order V of the Code of Civil Procedure and is quite palpably a legal anachronism. There is also no report, in the present case, to the effect that the Summons were affixed to the outer door, as is contemplated by Rule 13 of the Original Side Rules. The next following Rule is most often not given due compliance. It is recommended that the Registrar should meticulously follow its provisions so that legal proceedings should not be needlessly protracted. In the present case affidavits of service were not called for and the Registrar appears not to have recorded his satisfaction to the effect that the defendants had been served. It will also be relevant to keep in mind that none of the defendants have been personally served. In this context I may draw attention towards the decision in Kunja v. Lalaram and others, AIR 1987 Madhya Pradesh 252. From a perusal of the records of the case it is evident that efforts to serve the defendants were taken on only one occasion, after notice was issued on 18.12.1996. On the next date the matter was simply adjourned and thereafter the defendants were proceeded ex parte. Dasti orders were only in respect of the application for interim relief. The Courts are understandably hesitant to order dasti service at the first instance. Not only did the plaintiff fail to initiate appropriate steps for service by Registered A.D. post, but he also served the summons in the suit dasti without the authority or direction of the Court. Where a party accompanies the Process Server there is always scope for harbouring suspicion that the service report may have been managed. In these circumstances I am in no manner of doubt that all necessary facts were not brought to the Courts notice when the initial ord er whereby the Defendants were proceeded ex parte was passed. In Grafitek international v. K. K. Kaura & Others, 2000 (56) DRJ (Suppl) 692. I had Inter alia declined to accept Dasti service only as effective notice to the defendant. The view taken then continues to prevail. I had stated that It is usually a difficult and delicate task to render a decision on applications for setting aside ex parte decrees. The competing interests of the Plaintiff and Defendant are broodingly omnipresent. Having obtained a

decree the Plaintiff ought not to be denied the enjoyment of its delectable fruits on flimsy grounds. There is always the lingering likelihood that service of summons were effected and that the Defendant had not appeared in order to delay proceedings. On the other hand, a judicial decision taken without giving the parties adequate opportunity to present its version of the facts and the law, in my opinion, is a forensic abomination. The Court must fully satisfy itself that parties have been served. Otherwise it would tantamount to dereliction of duty. Bulganin v. Apex Apartments Pvt. Ltd. & Anothers, 2001 (91) DLT 446: 2001 (59) DRJ 397.
R. 11

11. Returns of service(a) Every process serving officer shall immediately after completion of any duty connected with any process, record with his own hand upon the original process at the place of execution and in the presence of at least one respectable witness his report specifying the manner of execution or the causes which prevented execution. Thereafter, he shall swear or affirm in the correctness of that report before an officer of the Court, duly authorised in this behalf and file the same in Court together with the process. (b) Process serving officer must invariably note the date, hour and exact place of service on each individual process. (c) If the process is addressed to more than one person, the report shall describe the manner of service on each person and also the sequence in which the processes are served on different persons.
R. 12

12. Service by affixing to outer doorThe serving officer shall make an affidavit as to the following matters : (1) The number of times and the dates and hours at which he went to the house; (2) The attempts made by him to find the person to be served; (3) Whether he had any and what, reason to suppose that such person was within the house or in its neighbourhood, or endeavouring to evade service; and (4) Whether any adult male member of the family of the person to be served was residing with him.
R. 13

13. Notice where summons is affixed to outer doorIf a summons to defendant is affixed to the outer door of his house in the manner provided in Rule 12, the serving officer shall affix thereto a notice that the person, so served can upon an application to the Court, obtain a copy of the plaint that shall in his return state that he has done so and shall return the plaint of the Court.
R. 14

14. Inquiry as to sufficiency of serviceThe Registrar shall in all cases where the process has been returned and in which an appearance has not been entered on the day appointed therefor hold an inquiry as to the sufficiency of service of process.

Such inquiry may be adjourned, if necessary, from time to time. Affidavits and further affidavits may be received or evidence taken viva voce at such inquiry. No matter shall be placed before the Court unless the Registrar is satisfied that the defendant or the opposite side has been duly served, wherever a defendant has been so served, but does not appear on the date appointed and the Registrar, after holding an inquiry aforesaid, is satisfied that the defendant or the opposite side has been duly served, he shall report the matter to the Court and the Court shall pass such orders as it deems fit.
R. 15

15. Fresh Process not to issue until previous one returnedUnless otherwise ordered, a second or subsequent process shall not be issued until after the one previously issued has been returned.
R. 16

16. Registrar to execute or to cause to be executed processThe Registrar and, subject to his directions any other officer of the Court shall execute or cause to be executed through the officers of the Court all processes including all warrants or orders for delivery, attachment or sale of property in execution, or for the arrest or custody of any person, which may be entrusted to Registrar for execution. They shall return all warrant and orders within the time prescribed, with an endorsement specifying the manner of execution or the causes which prevented execution. Such warrants and orders shall be filed in the record. A process service register shall be kept in the prescribed form.
R. 17

17. Noting of date on processesThe Registrar shall note on every process the date on which it was delivered to the process server.
R. 18

18. Service on the advocates of partiesService of any process, notice order or other document on the advocate of any party may be effected by delivering it to the advocate or by leaving it with a clerk in his employ at his place of business.
R. 19

19. Except where the process, notice order or other document has been served through the Registry, the party required to effect service shall file an affidavit of service along with such proof thereof as may be available stating the manner in which the service has been effected.
R. 20

20. Where process, notice order or other document has been served through another Court, the service may be proved by the deposition or affidavit of the serving officer made before the Court through which the service was effected.

CHAPTER XXII Court Deposits and Payments

R. 1

1. Payment of money(a) The Registrar and subject to his directions any other officer of the Court shall receive all monies paid into the Court and shall pay out all monies duly ordered to be paid out of Court. (b) Money may be paid or deposited in Court by postal money order. In that case, the person making the payment shall send to the Registrar a statement containing full particulars regarding the intended payment or deposit.
R. 2

2. Notice of payment or deposit to judgment creditor or Collector (a) A person paying money into or depositing property in the Court in part or full satisfaction of a decree or order shall not give notice through the Court of such payment or deposit to the judgment-creditor. (b) Where the decree directs payment of Court-fees to Government under Order 33, Rule 10 of the Code, no order shall be made on the application for payment of such money or delivery of such property without giving notice thereof to the Collector at the expense of the applicant.
R. 3

3. Delivery of securities jewellery or other valuables into CourtWhen jewellery or other valuables are brought into Court, three copies of a descriptive list thereof shall be presented and shall be checked and signed by the Registrar in the presence of the depositor. The jewellery or other valuables shall be placed in a box furnished with a lock and key to be provided by the Depositor. A copy of the list shall be kept in the box and the box shall then be locked and sealed with the seal of the Court. One copy of the list shall be given to the depositor and the third copy of the said list and the key of the box shall be retained by the Registrar. The box shall thereafter be kept in safe custody by the Registrar or in such other custody as the Court may direct.
R. 4

4. Application for payment of money etc.Every application for payment of money or delivery of property deposited in Court, shall be instituted in the suit or matter and shall also show the number of the execution application, if any, pending, showing the right and interest of the party applying and the amount claimed.
R. 5

5. Applications to be checkedApplications to make or receive payments shall be duly checked by reference to the record of the suit or matter before submission for orders to the Registrar.
R. 6

6. Payment by money order, bank draft, etc.On the application of the decree-holder or other person entitled to any money deposited in Court and not expended for the purpose for which it

was deposited, if there is no objection to the payment of money on the ground of attachment or otherwise, the Registrar may order that the amount, after making all necessary and lawful deductions, be sent to the applicant at his risk. (i) By money order, or (ii) By bank draft by registered post acknowledgement due; or (iii) In any other manner specified by the applicant, which the Registrar approves: Provided that before payment is ordered to be made under clause (ii) or (iii) the applicant shall submit a duly stamped receipt for the amount due in the form given below:
FORM OF RECEIPT

Received the sum of Rs................. (Rupees ........................ only) from the High Court of Delhi bearing the amount deposited in the said Court in connection with.

Dated (Stamp) (Signature of the payee)

R. 7

7. Written authority of client requisite for payment for AdvocateUnless otherwise ordered by the Court, on payment in excess of Rs. 1,000 shall be made to an advocate on behalf of his client without special authorisation in that behalf by the client in favour of the advocate.
R. 8

8. Account books to be keptThe following account books shall be kept: (a) Book of receipts for money paid into Court. (b) Process-fee receipt book. (c) Register of deposit receipts, viz., register of sums received in Court in connection with suits or judicial proceedings and deposited with Government (to be kept in duplicate). (d) Register of deposit payments, viz., register, of payments from sums received into Court in connection with suits or judicial proceedings and deposited with Government (to be kept in duplicate). (e) Files of applications for refund of lapsed deposits and of statements of lapsed Civil Courts deposits. (f) Register of attached property.

(g) Register of money received on account of subsistence money of civil prisoners, expenses of witnesses and miscellaneous petty items required for immediate disbursement. (h) Register of payments on account of subsistence money of civil prisoners, expenses of witnesses and miscellaneous petty items required for immediate disbursement. (i) Cash Book. (j) Ledger. (k) Bank of Treasury pass book. (1) Bank of Treasury cheque/voucher book. (m) Register of receipts and of withdrawal of property left in the custody of the Registrar. (n) Such other registers as may be directed by the Chief Justice to be kept.
R. 9

9. Signing of cheques and checking of accountsThe Registrar or such other officer, as may be specifically authorised by the Chief Justice in that behalf, is authorised to sign cheques. He shall at least once a month call for the registers and accounts and satisfy himself that the entries have been carefully and properly made. When such inspection is made, he should not the fact in his own hand on the register or account inspected.

[CHAPTER XXIII Taxation of Costs

R. 1

1. Taxing OfficerThe Registrar or such other officer as the Chief Justice may appoint for the purpose, shall be the Taxing Officer of the Court.
R. 2

2. Time for filing bill of costsEach party shall within seven days from the date on which judgment is delivered or order is passed or within such further time as the Taxing Officer may allow, submit his bill of costs.
R. 3

3. Contents of the Bill of CostsThe bill of costs shall set out: (A) process-fee spent, (B) expenses of witnesses, (C) advocates fee, and (D) such other amounts as may be allowable under the rules, or as may be ordered by the Court as costs.
R. 4

4. Notice for taxationWhen a bill of costs has been lodged for taxation two days notice or such further time not exceeding seven days in aggregate as the Taxing officer may allow, shall be given to the opposite party; Provided that no notice shall be necessary in any case when the defendant has not appeared in person or by his advocate or guardian.
R. 5

5. When expenses of witness may be included in costsNo expenses of witnesses other than those paid through the Court shall be included in the costs allowed.
R. 6

6. Taxation of costs(a) Advocates fee shall be taxed on the basis of a certificate filed under Rule 2, Chapter 5, but not exceeding the scale prescribed in the Schedule appended to this Chapter. Other costs shall be taxed according to the charges necessarily and actually incurred. These charges shall include in addition to other costs allowable under the rules the costs of printing, pleadings, etc. for the use of the Court the fees paid at the Registration office for searching and for obtaining copies of the necessary documents filed in Court, fees, if any, paid to the officers of the Court as prescribed by clause (d) of the said schedule and the costs of preparation of process taxed according to the scale prescribed.

Ch. XXIII,

(b) Where at the hearing of any suit other than those covered by Rule 8 below, more than one Advocate have appeared, the Court disposing of the matter may allow such fee for a second Advocate, as it deems fit not exceeding half the fees allowable as prescribed in Schedule A. (c) Unless the Court expressly directs otherwise the following costs shall not be deemed to have been incurred necessarily within the meaning of sub-rule (i) and shall not be taxed : (i) Court-fee stamps on all applications dismissed or not allowed or not pressed. (ii) Court-fee stamps on all unnecessary or defective application or applications to suit the convenience of a party such as for adjournment of hearing, for time to file written or other statements or to take some steps for showing cause in case of any default or omission, for withdrawing a claim or for amendment of any pleading of petition; (iii) Expenses on affidavits improperly or unnecessarily filed; (iv) Expenses of filing and proving unnecessary documents or documents which the other party was not previously called upon to admit by notice or of exhibiting interrogatories unreasonably, vexatiously or at improper length; (v) Process-fees for serving persons found by the Court to have been unnecessarily impleaded or the suit against whom has been dismissed, withdrawn or not prosecuted; (vi) Charges incurred in connection with the attendance of unnecessary witnesses; and (vii) Retaining fee to an advocate.
R. 7

7. When an advocate appears for different parties in the same matterWhere an advocate appears for different parties in the same suit or matter, only one set of fees shall be allowed.
R. 8

8. Advocates fee when the suits are uncontested. In the case of (i) Summary suits under Order XXXVII of the first Schedule to the Code of Civil Procedure, 1908, where the defendant is refused or where a decree is passed on the defendant failing to comply with the conditions on which leave to defend was granted and appeals against decrees in such suits. (ii) Suit the claim in which is admitted but only time or instalment for payment is asked for.

(iii) Suit which is got dismissed by a plaintiff for want of prosecution before settlement of issues or recording of any evidence, except evidence under Rule 2 of Order X of the Code of Civil Procedure. (iv) Suit which is withdrawn before the settlement of issues or recording of any evidence, except evidence under Rule 2 of Order X of the Code of Civil Procedure. (v) Suit in which judgment is given on admission under Rule 6 of the Order XII in the First Schedule to the Code of Civil Procedure, 1908, before the settlement of issues or recording of any evidence, except evidence under Rule 2 of Order X of the Code of Civil Procedure. (vi) Suits in which no written statement is filed and appeals from decrees in such suits. (vii) Suits compromised before the settlement of issues or recording of evidence except evidence under Rule 2 of Order X of the Code of Civil Procedure. (viii) Any formal party to a suit, e.g., a trustee or estate holder who only appears to submit to the orders of the Court and asks for his costs. (ix) A suit which has abated. (x) A plaint returned for presentation to the proper Court: The amount of Advocates fees to be allowed shall be fixed by the Court disposing of the matter and shall not exceed 1/2 of that payable according to the rate specified.
R. 9

9. Deleted.
R. 10

10. An advocate who has been employed by the heirs of a deceased party is not entitled to have fresh fees taxed.
R. 11

11. In all proceeding in which a Commission is issued to examine any person under the provision of Section 75 of the Code of Civil Procedure the Advocates fee shall consist of an amount computed in accordance with the above rule plus such fee per day for appearing before the Commissioner as the Court may in its discretion allow.
R. 12

12. Review of taxation only on notice to the opposite sideNo application for review of taxation, unless the taxation was ex parte shall be made except on the notice on the opposite side.
R. 13

13. No review of taxation of costs if bill of costs was not filedSubject to any orders passed by the Court if the bill of costs is not filed within time allowed under Rule 2, the bill will be

prepared by the taxing officer, and no application for review of taxation shall be allowed unless made before the decree is signed.
R. 14

14. What costs allowed after taxationThe only costs which shall be allowed after taxation shall be the costs of execution or of transmission of the decree to another Court.
R. 15

15. Meaning of proportionate costsWhere proportionate costs or costs in proportion are allowed such costs shall bear the same proportion to the total costs as the successful part of the claim bears to the total claim.
R. 16

16. Application to Court for review of taxationAny party, who may be dissatisfied with the decision of the Taxing Officer as to any item or part of any item, may not later than fourteen days from the date of the decision or within such further time as the Court may allow, apply to the Court for an order to review the taxation as to the said item or part of any item and the Court may thereupon after notice to the other side, if necessary make such order as to it seem just; but the taxation of the Taxing Officer shall be final and conclusive as to all matters which shall not have been objected to in the manner aforesaid.
R. 17

17. Hearing of such applicationSuch application shall be heard and determined by the Court upon the evidence which shall have been brought in before the Taxing Officer and no further evidence shall be received upon the hearing thereof, unless the Court shall otherwise direct.
SCHEDULE TABLE OF FEES

A. In defended suits: (1) If the amount or value shall exceed Rs. one Lakh, and not exceed Rs. Five Lakhs, on Rs. One Lakh Rs. 6,500/- and on the remainder at two per cent. [(2) If the amount or value shall exceed Rs. Five Lakh, on Rs. Five Lakh as above and on the remainder at 1 per cent subject, however, that in no case the amount of fee shall exceed Rs. 50,000/- (Rupees fifty thousand) or the actual, whichever is less, subject to the condition that a certificate of fee must be filed.]
2

B. (Deleted). C. Miscellaneous proceedings: (i) If any interlocutory application for any matter, excluding execution proceeding, other than that of appearing, acting or pleading in a suit, such fees as the Taxing Officer may allow having

regard to the nature and importance of the proceedings or matter provided, however, that in no case the amount shall be below Rs. 1,000/- or exceed Rs. 2,000/(ii) In execution proceedings or in appeals in execution proceedings, the advocate fee to be allowed shall be one-fourth of the fee calculated at the rates specified in Rule A(1) on the amount or value of the relief or money claimed in the application to execute the decree. Such fees shall be subsequent contested application. (iii) In appeals, the fee shall be calculated at half the scale as in the original suits and the principle of the above rules as to the original suits shall be applied, as nearly as may be. D. Fees to Officers of Court: (1) Fees of interpreter for explaining at other than the Court House, pleadings and other documents, whether not exceeding 20 folios 8.00 Whether 20 folios, for every 10 folios or part thereof 2.50 (2) Fees for taking bonds and fees of Commissioners for attesting affidavits or affirmations at any place, other than the Court House. 16.00 For the first affidavit, oath or affirmation or bond within the municipal limits of Delhi. For the first affidavit, oath or affirmation or bond beyond such limits 24.00 For every affidavit, oath or affirmation or bond beyond taken at the same time and place after the first, in the same suit, appeal or matter 8.00 (3) Fees of Commissioners, for attesting affidavit oaths or affirmations at the Court House, for every affidavit, oath or affirmation [Rs. 10.00]
3

1. Chapter XXIII substituted vide Notification No. 24/DHC/Rules dated 1-9-1988 (w.e.f. 1-12-1988) 2. Substituted for para (2) vide Notification No. 44/Rules/DHC dated 1.4.2002. 3. Substituted vide Notification No. 174/Rules/DHC dated 3.10.2001. for the words Rs. 5.00.

CHAPTER XXIV Proceedings in Execution

R. 1

1. InterpretationIn this Chapter the word decree includes order.

Application for Transmission
R. 2

2. Transmission of decree for execution(a) An application for transmission of a decree to another Court for execution shall be in the form prescribed and shall specify the Court to which the transmission of the decree is sought and whether the decree has already been satisfied in part and if so, to what extent. The same shall be supported by an affidavit. It shall also be accompanied by a certified copy of the decree or an application for the same. (b) The Registrar shall transmit by registered post at the cost of the applicant the certified copy of the decree together with the other documents mentioned in Order XXI, Rule 6 of the Code to the Court to which the transmission is sought in accordance with the provisions of Rules 4 and 5 of Order XXI of the Code.
Application for Execution
R. 3

3. Application under Order XXI Rule 15 to be supported by affidavitAn application under Rule 15 of Order XXI of the Code shall be in the prescribed form and supported by an affidavit.
R. 4

4. Checking and admission of execution petitionApplications for execution shall ordinarily be checked in the order in which they have been filed by reference to the Registrar of Civil Suits and all objections thereto, if any, shall be noted therein and then be submitted to the Registrar, for orders. All application for execution, when admitted, shall be entered in the Register of execution applications.
R. 5

5. Procedure in execution application under Order XXI Rule 15When an application is made by one or more of several joint decree-holders, unless a written authority signed by the other decree-holders for the applicant to execute the decree and to receive the money or property recovered is filed in Court, the Court or the Registrar, may give notice of the order, if any, passed for the execution of the decree to all the decree-holders who have not jointed in the application and may also give notice of any application for payment or delivery to the applicant of any money or property recovered in execution.
R. 6

6. Procedure when cause not shownWhen execution is for arrest of a judgment debtor and the judgment-debtor does not appear on the day of hearing fixed under the notice issued or on

such other day to which the hearing thereof is postponed, the notice and the affidavit of service thereof shall be filed and the Registrar, shall thereafter, place the matter before a Judge in Chambers for orders.
R. 7

7. Registrar not to issue execution simultaneously against person and propertyExecution shall not issue against the property of a judgment-debtor at once with the issue of execution against his person. But a judgment-creditor desiring to proceed against both simultaneously, shall apply to the Court and in case of such application being refused, shall not be allowed to include the costs thereof in his costs as against the debtor without the special order of the Court. But a warrant for the arrest has not been executed, a warrant for attachment may, at the request of the judgment-creditor, be issued.
R. 8

8. Application for appointment of receiver in execution of decreeAn application for the execution of a decree by the appointment of a receiver under Section 51 and Order XI, Rule 1 of the Code to realise or otherwise deal with property under attachment shall be made to the Court, and such receiver shall, unless otherwise ordered, be subject to the rules of this Court, applicable to persons appointed as receivers of property in a suit.
MODE OF EXECUTION Execution of Documents
R. 9

9. Copies of draft to be filedThe decree-holder shall file two copies of the draft referred to in Order XXI, Rule 34(1) of the Code and two copies of the notice in the prescribed form together with the prescribed process fee for service thereof. One of the copies of the draft shall be served on the person directed to execute the document in the manner prescribed for service of summons on the defendant to a suit.
R. 10

10. Execution of document under Order XXI, Rule 34(5)Unless otherwise ordered by the Court, a document shall be executed or a negotiable instrument endorsed under Order XXI, rule 35(5) of the Code by the Registrar.
ARREST
R. 11

11. Deposit with warrant of arrestWith every application for warrant of arrest before or after judgment there shall be deposited with the Registrar a sum of Rs. 5 for the intermediate subsistence of the judgment-debtor, pursuant to Order XXI, Rule 39(i) to (4) of the Code.

Attachment and Sale

R. 12

12. Application of incumbrancer to be made a party to the suit or to join in the saleAn incumbrancer, not a party to the suit, may at any time before the sale, apply to the Court to be made a party, or for leave to join in the sale; such order shall be made thereon in protection of his right and as to costs as the Court shall deem fit.
R. 13

13. Receipt of attached property to be givenA bailiff attaching movable property shall, furnish to the judgment-debtor or other person, from whose possession the movable property is attached, a receipt in the form of a list of the said property signed by the said bailiff and take an acknowledgment to that fact on the warrant of attachment.
R. 14

14. Deposit of cost for removal or maintenance of propertyBefore making any order for the attachment of live-stock or other movable property, or at any time after any such order has been passed, the Court or the Registrar, may require the person at whose instance the order of attachment is sought or has been made to deposit in Court such sum of money as the Court or the Registrar may consider necessary: (a) for the removal of the property to the Court premises or other appointed place and its maintenance, guarding and custody till arrival thereat; (b) for the maintenance, guarding and custody of the property at the Court premises or other appointed place till it is sold or otherwise disposed of; and (c) for the maintenance, guarding and custody of the property at the place at which it was attached or elsewhere. In case of failure to deposit such sum within the time prescribed by the Court or Registrar, the Court or Registrar may either refuse to issue or may cancel the order of attachment, as the case may be.
R. 15

15. Account to be rendered on demandAn account of the expenses actually incurred shall, on demand being made on or before the date of the sale, be furnished to the attaching creditor and to the person whose property was attached. After hearing objections to the account, if any, made within three days of its receipt by a party, the amount that the Registrar finds, to be properly due shall be deducted at first charge from the proceeds of the sale of the property and paid to the attaching creditor along with any balance of the deposit made by him.
R. 16

16. Restoration of attached property on payment of costs incurred(a) If in consequence of the cancellation of the order of attachment or for any other reason, the person whose property has been attached, becomes entitled to receive back the live-stock or other movable property

attached, he shall be given a notice by the Registrar that he should take delivery of it within the time specified by the Registrar on payment by him of the charges, if any, found by the Court or the Registrar to have been property incurred and which have not been defrayed or for the defrayal of which, no money has been deposited by the attaching-creditor. (b) If he commits default in taking delivery of the property by failure to pay the requisite charges or otherwise the Court may order that the property be sold by public auction and that after defraying the charges referred to in sub-rule (a), if any, and the expenses of the sale, the balance of the sale-proceeds be credited to his account.
Sale of Attached Property
R. 17

17. Notice regarding sale of guns and other arms, etc., attachedWhenever guns or other arms in respect of which licences have to be taken by purchasers under any law in force for the time being or any other articles in respect of which licences have to be taken under any law in force, are sold by public auction in execution of decrees, the Registrar shall give due notice to the District Magistrate concerned, or other appropriate officer, of the names and addresses of the purchasers and of the time and place of the intended delivery to the purchaser of such arms or other articles. No such arm or other article shall be delivered to the purchaser unless he holds a licence for the same.
R. 18

18. Immediate sale of movable propertyIn the case of property to be sold under the proviso to Rule 43 of Order XXI of the Code, if such property is in the Court premises in the custody of the Registrar, he may authorise an officer of the Court to sell the same by public auction and may give such directions as to the date and time and place of sale and the manner of publishing the same as the circumstances of the particular case admit.
R. 19

19. Contents of sale proclamationIn addition to the particulars specified in sub-rule (2) or Rule 66 of Order XXI of the Code, the sale proclamation shall contain a notice that only the right, title and interest of the judgment-debtor is to be sold. The title, deeds or an abstract of the judgment-debtors title, if available, will be open for inspection at the office of the Registrar. The proclamation shall, whenever such information is available, also state in whose possession and occupation the property is and the tenancy or terms on which any person is in occupation or possession.
R. 20

20. Appearance judgment debtor(a) If the judgment-debtor appear before the Registrar pursuant to the notice issued, under Order XXI, Rule 66(2) of the Code, the Registrar shall examine him on any matter affecting his title to the attached property. The judgment-creditor may also examine him on any matter relating thereto. If the judgment-debtor fails to attend, the Registrar shall proceed ex parte.

(b) The Registrar may also exercise powers under Order XXI, Rule 66(4). If any documents are produced relating to the attached property by any person, the same shall be left with the Registrar, and shall be subject to his directions both as to their custody pending the sale and their ultimate disposal, such directions being subject to appeal to the Court.
R. 21

21. Publication of proclamationWhenever the sale of land or of a house or houses exceeding Rs. 10,000 in value or movable property exceeding Rs. 10,000 in value is ordered, the Registrar shall, with the permission of the Court, advertise such sale in a local newspaper or newspapers.
R. 22

22. Copy of sale proclamation to be sent to Collector in case of sale of landWhen any land or share of land is ordered to be sold in execution of a decree, the Court shall send a copy of the proclamation of sale issued under Order XXI, Rule 67 of the Code of the Collector concerned.
R. 23

23. Arrest on sale on holidaysNo arrest shall be effected and no sale shall be hold in execution on Sundays or during holidays or vacation of the Court, except by leave of the Court or the Registrar.
R. 24

24. Leave to bid and reserved price(a) An application for leave to bid by the decree-holder at the sale shall be supported by an affidavit giving reasons why the applicant should be permitted to bid. (b) In cases in which the Registrar considers that the applicant should not be allowed to bid for less than a sum to be fixed, it shall be competent to the Registrar to give leave to bid at the sale only on condition that the applicants bid shall not be less than the amount so fixed, which amount shall as far as practicable, be determined with reference to the market value of the property or of the lot or lots into which the property is divided for sale.
R. 25

25. SaleOn the day and at the time and place appointed for the sale, the proclamation of sale shall be read out before the property is put up for sale.
R. 26

26. Postponement of sale or want of sufficient biddingIf there be no bid or the highest bid be below the reserved price (if any), or be deemed insufficient by the Registrar or other officer conducting the sale, he shall postpone the sale and record the reason for such postponement in the bidding paper.
R. 27

27. Postponement of sale otherwise than under Rule 26The Registrar or other officer conducting the sale may for sufficient cause postpone the sale. The costs of a postponement rendered necessary by the absence of the Registrar or other officer conducting the sale shall be

costs in the cause. The costs of a postponement made at the request of the party or by reason of his conduct shall be borne by him.
R. 28

28. Bidding paperThe name of each bidder at the sale of property shall be noted on a paper to be called the bidding paper, each bid shall be signed by the bidder and the amount of the bid shall be entered opposite his name. If there be no bid, the words no bid shall be written in the bidding paper opposite the property or, as the case may be, the number of the lot. If the highest bid be deemed insufficient, the word not sold shall be written opposite the property or the number of the lot. If the property be sold, the highest bid shall be inserted opposite the property or the number of the lot, wherein the full name and address of the bidder be taken and his signature obtained and purchaser shall write his full name opposite such entry and shall add his address and occupation. All notices thereafter served at the address so given shall be deemed to have been duly served on the purchaser.
R. 29

29. Agent to produce AuthorityA person purchasing for another as his duly authorised agent shall produce his authority in writing at the time of bidding, and sign the bidding paper as such, giving the full name, address occupation both of himself and his principal. All notices thereafter served at either of the addresses given shall be deemed to have been duly served.
R. 30

30. Declaration of purchaseIf the highest bid be equal to or higher than the reserved price (if any), the Registrar or other officer conducting the sale shall make an entry in the bidding paper to the following effect. I declare . . . . . . . . to have been the highest bidder for the purchase of the property above set forth (or of lot No.) for the sum of Rs. . . . . . . . .
R. 31

31. Report of saleUpon the completion of the sale the Registrar or other officer conducting the sale shall file in Court his report of the sale.
R. 32

32. Time for confirming saleA sale of immovable property shall not be confirmed until after the expiration of 30 days from the date thereof.

[CHAPTER XXV Review

In cases filed and disposed of on the Original Side of the Court, the following Rule shall apply to an application for a review of a decree or order:

Where the Judge or the Judges, or any of the Judges, who passed the decree or made the order a review of which is applied for, continues or continue attached to the Court at the time when the application for a review is presented, and is not or are not precluded by absence or other cause for a period of six months after the application from considering the decree or order to which the application refers, such Judge or Judges or any of them shall hear the application, and no other Judge or Judges of the Court shall hear the same. Provided that if the said Judge or Judges, or any one of the Judges, who passed the decree or made the order, is or are precluded by absence or other cause for a period of six months after the application from considering the decree or order to which the application refers, it shall be heard (a) if the decree was passed or the order was made by a Judge sitting alone, (b) if the decree was passed or the order was made by a Bench of two or more Judges, by a Bench consisting of as many Judges as the Bench whose decree or order a review is applied for. The Judges who passed the decree or made the order, as are available, shall be members of the Bench.]
ORIGINAL SIDE PRACTICE DIRECTIONS
2

ORIGINAL SIDE PRACTICE DIRECTION No. 1 of 1973

1. The cause list of the Court would comprise of five categories as follows: (a) Short matters. (b) Miscellaneous matters. (c) Short cause matters. (d) Long cause matters. (e) Final matters. (a) Short matters would be such matters where no detailed arguments are expected to be advanced. (b) Miscellaneous matters would include all matters wherein no evidence is required to be recorded and only arguments are to be advanced.

(c) Short cause matters would be such matters where the matter is likely to be completed on one hearing.
Practice Directions

(d) Long cause matters would be all other matters where the evidence is to be recorded for more than a day continuously.

(e) Final matters would be the main suits wherein final arguments are to be heard: 2. The Court shall fix actual dates in all these except that the Registrar/ Joint Registrar/Deputy Registrar can fix the cases before the Court in short matters. Where the actual dates of hearing are yet to be fixed in the cases, the Registrar/Joint Registrar/Deputy Registrar shall fix the said matters as short matters before the Court for fixing the actual dates of hearing. 3. The Court shall have the discretion to direct listing of any matter in any category. 4. For facility of fixation of causes in the Court, bound registers will be maintained by the Court Masters incorporating the abovesaid classification and the actual dates fixed. 5. A format annexed hereto, duly filled in, so far applicable, will be filed by the plaintiff in new matters, and in pending matters the format will be filed by both the parties. Thereafter, the format will be filled in and completed by the Court Masters as and when new applications are filed and disposed of.
(See Practice Direction No. 1)

HIGH COURT OF DELHI SUIT/PETITION/O.M.P. NO............. OF 199 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Plaintiff(s)/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . .Petitioner(s) Vs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defendant(s)/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent(s) Nature of the matter : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ....................................................................

Status invoked: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....................................................................

ADVOCATES

................................................ ................................................ Plaintiff(s)/Petitioner(s) Defendant(s)/Respondent(s)

INTERLOCUTORY APPLICATIONS (LAs)
S. No. No. & Yr. Filed By P.L.T.F./D.E.F. Provisions of Law Nature of Relief Sought Remarks

ORIGINAL SIDE PRACTICE DIRECTION No. 2 of 1973 List of witnesses

1. The list of witnesses required to be filed in accordance with Chapter VIII Rule 5(2) Original Side Rules will be in the form appended below:
Form IN THE HIGH COURT OF DELHI AT NEW DELHI

Suit No. . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . Plaintiff/Petitioner . . . . . . . . . . . . . . vs. . . . . . . . . . . . . . . . . . . . . . . Deft/Respt.

Next date of hearing

List of witnesses filed by the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Serial No. Full name & complete address Facts Sought to be proved by the evidence of the witness Documents sought to be proved by the evidence of the witnesses

PartA Witnesses required to be examined on Commission. PartB Witnesses required to produce documents only, and who are not required to give oral evidence. PartC Witnesses required to give oral evidence and also to produce documents.

PartD Witnesses required to give oral evidence but from whom no documents are required to be proved. Filed by counsel for the Plaintiff/Defendant/ Petitioner/Respondent Filed on . . . . . . . . .
ORIGINAL SIDE PRACTICE DIRECTION 3 No. 3 of 1974 Trial

1. (a) Whilst stating his case as required by Order 18, Rule 2 of the Code of Civil Procedure, 1908, a party shall give a general outline of his case and the nature of the evidence, oral as well documentary, which he proposes to adduce, before calling any witnesses in support of his case. (b) If more than one counsel is engaged on behalf of a particular party, the junior of those counsel will state the case on behalf of that party. 2. After both parties have produced their evidence, the party beginning may address the Court on the whole case; the other party may then address the Court on the whole case; and the party beginning may reply on the whole case, provided that in doing so he shall not, without the leave of the Court, raise questions which should have been raised in the opening address. 3. Where the party entitled to make the closing address raises any fresh point of law in that address or cites any authority not previously cited, the opposite party may make a further address in reply, but only in relation to that point of law or that authority, as the case may be. 4. If a party or his recognized agent or the representative of a corporate body party to the proceeding himself intends to appear as a witness, he shall so appear before any other witness on his or its behalf has been examined; provided that the Court may on an application made on his behalf and for reasons to be recorded, permit him to appear as his or its own witness at a later stage. 5. Notwithstanding anything contained in Order XVlII of the Code of Civil Procedure 1908 or the Delhi High Court Original Side Rules, 1967 the Court may for sufficient reason go on with the hearing although the evidence of the party having the right to begin has not been concluded and may also allow either party to produce any witness at any stage of the suit. 6. The Court Master of the Court shall take charge of every document or object put in as an exhibit during the trial of any case and shall mark or label every exhibit with a letter or letters indicating the party by whom the exhibit is put in or the witness by whom it is proved, and with a number, so that all exhibits put in by a party, or proved by a witness, are numbered in one consecutive series.

7. The Court Master of the Court shall examine all documents produced or offered in evidence and bring any apparent insufficiency of the Court-fee or other stamp to the notice of the Judge for orders. He shall endorse all documents admitted in evidence and all documents rejected with the particulars required by law and sign or initial such endorsements. 8. A document, when tendered in evidence or produced in Court, shall not be so endorsed or marked with the seal or any exhibit mark as to make any part thereof illegible. Such endorsement, seal or exhibit mark shall always be made on such part or parts of the document as do not contain any writing and preferably on the side, top or bottom margin or cover page, if any, of the document. Provided that, if in any exceptional case, no such part or parts of the document are available for placing the endorsement, seal or mark, then the same shall be placed on a separate slip of paper and then such slip shall be attached to the document. 9. At the hearing of a suit or other proceeding in Court the Court Master shall make a note of the times at which each hearing commenced and terminated respectively on each day on which it was heard. 10. When filing a list of witnesses in the form prescribed by Practice Direction No. 2 of 1973, the language in which the witness will make his statement should, if possible, be indicated in the third column of that form. This information is required in order to know whether the services of an interpreter will be necessary. 11. When the interval between the date on which a date for trial was fixed and the date of trial is more than six months, any party may apply to the Registrar/Deputy Registrar at least one month before the date of trial for letters to issue to the witnesses bound down reminding them that their presence is required on the date of trial. 12. It will be the duty of counsel for the parties to exchange, at least one day before the date fixed for the trial, lists of Authorities to which they are likely to refer. Such lists must also be handed into the Court Usher at the latest by 9.45 A.M. on the day of hearing. The lists should be headed with the Number and the Name of the Case and the names of counsel.
ORIGINAL SIDE PRACTICE DIRECTION 4 No. 4 of 1974 Testamentary and Interstate Jurisdiction

1. No application for the grant of probate or letters of administration will be received by the Registry, except where the Administrator General is the applicant, unless: (i) it is accompanied by an affidavit of valuation as required by Section 19-1 of the Court Fees Act, 1870 prepared strictly in the form set forth in the third Schedule thereof, and

(ii) the said affidavit has annexed to it an appropriate account specifying all the property in respect of which estate duty is payable upon the death of the deceased as required by Section 56(1) of the Estate Duty Act, 1953, and (iii) it affirms that a copy of the said affidavit with the Account has been delivered to the Controller of Estate Duty, and (iv) is also accompanied by an affidavit of proof or certificate of death. 2. An application for probate shall be verified by at least one of the witnesses to the will (when procurable) in the form set forth in Section 281 of the Indian Succession Act, 1925, and the affidavit of such witness shall also be filed. If no affidavit by any of the attesting witnesses is procurable, evidence on affidavit must be produced of that fact and of the handwritings and/or any circumstances which may raise a presumption in favour of due execution of the will. 3. In all application for probate or for letters of administration with the will annexed the petitioner shall state the names of the members of the family or other relatives upon whom the estate would have devolved in case of an intestacy together with their present place of residence. 4. In all application by a creditor for letters of administration it shall be stated particularly how the debt arose and whether the application has any and if so what security for the debt. 5. The Registrar or Deputy Registrar shall give notice of all application for probate or letter of administration to the Chief Controlling Revenue authority in accordance with Section 19-H of the Court-fees Act, 1870, and it will be the duty of the petitioner or his counsel to ask for issuance of the same. 6. In all applications for probate or letters or administration notice of the application shall be given to all the heirs and next of kin of the deceased mentioned in the application. 7. Before setting down an application for probate or letters of administration for final hearing in Court, the Registrar or Deputy Registrar will certify: (i) That notice of the application has been served on the Chief Controlling Revenue-authority. (ii) That the account prescribed by Section 56(1)(a) of the Estate Duty Act 1953 has been delivered to the Controller of Estate Duty. 8. Non-contested applications for probate or letters of administration may be disposed of either on affidavits or evidence as the Judge hearing the matter may deem fit. 9. A copy of the affidavit of valuation of the property of the deceased accompanying an application for probate or letters of administration shall be annexed to the grant of probate or letters of administration.

10. The forms prescribed in Nos. 173 to 180, both inclusive, in Volume 6 Part A of the Rules and Orders of the Punjab High Court (1960 edition), with such variations or modifications as the circumstances may require, shall be used for the purposes therein mentioned. 11. Grants of probate or letters of administration shall issue in the name of this Court and be signed by the Deputy Registrar. 12. An administration bond, unless dispensed with by the Court, shall be executed in favour of the Registrar. Unless otherwise ordered by the Court such bond shall be given with two sureties by the Registrar or Deputy Registrar for the amount of the value of the property for which the grant is made. Provided that if the value is less than Rs. 1000/- one surety only may be taken.
COMMENTS Exemption from suretiesConsiderations for.The cases relied on by the petitioner do not advance her case in as much as in the decision of Subhash Chopra v. State, 1989 (39) DLT 297, Mahinder Narain, J, while granting probate in favour of the petitioner directed the petitioner to file requisite account and administer the estate in the manner in which it was required to be administered. The learned judge dispensed with the requirement of furnishing administration bond under Section 291 of the Indian Succession Act since letter of administration had not been sought. Reference is invited to the para 5 of the said judgment/order. Similar is the situation in Sambhu P. Jaisinghani v. Kanayalal P. Jaisinghani & Others, 1995 (60) DLT 1. In the instant case, the petitioner had made a specific prayer for grant of a probate and for the grant of letters of administration of the estate. The prayer had been specifically allowed and the letters of administration directed to be issued with copy of the Will annexed. Accordingly, Section 291 would therefore, come into play. The exemption under Section 291 of the Indian Succession Act is only when letter of administration is granted under Section 241 to the attorney of an executor in the contingency set out in the said section. Moreover, it seems that the petitioner had been repeatedly seeking time to complete the formalities for the second bond. The Will in question is concerned with an immovable property as well as the distribution of Jewellery and the disposition of a loan owing to the deceased in terms of the Will. The petitioner has already been exempted from filing the second administration cum surety bond. The first administration cum surety bond had already been filed on record and the statements in support thereof the petitioner and the sureties have been recorded. The said administration cum surety bond is on record. It is not as if that the said administration cum surety bond is of an indefinite duration. In terms of the bond itself the petitioner is required within six months from the grant of letters of administration or such further time as may be extended by the Court to make an inventory of the assets and property as well as credit and debts owing to the deceased and file an account of the estate of the deceased showing the manner in which the assets that have came to the petitioners hand had been applied and disposed of. The bond becomes void in compliance of the aforesaid. Smt. Shakuntala Taxali v. State, 1996 (2) AD. (Delhi) 573.

13. Administration bonds shall be attested by the Deputy Registrar or by such other officer(s) of the Court as may be nominated by the Registrar. ______________
RULES FOR FILING OF CAVEAT UNDER SECTION 148-A OF THE CODE OF CIVIL PROCEDURE
Caveat

(i) In any suit or proceeding to which Section 148-A of the Civil Procedure Code, 1908 applies, the person instituting the same shall state in the plaint, petition or application, whether or not he has received notice of any caveat lodged in this Court in respect thereof; and, if so the particulars of the same.

ANNEXURE A CAVEAT IN THE HIGH COURT OF DELHI AT NEW DELHI ORIGINAL/APPELLATE CIVIL JURISDICTION CAVEAT NO ........... OF 1985

In the matter of a suit/appeal/proceeding instituted (give the particulars), or expected to be instituted, by ............................................... Petitioner(s)/ ............................................... Appellant(s) Against ............................................... Respondent(s)

To The Registrar, Delhi High Court, New Delhi Let no order (here state in detail the precise nature of the order apprehended) be made in the above matter without notice to the undersigned. Dated this the . . . . . . . . . . . day of . . . . . . . . 19. . . . . . Sd/Name and address of the Caveator and his counsel, if any Filed on . . . . . . . . .

________________ 1. Chapter XXV inserted vide Notification No. 128/Rules/DHC dated 15-7-1993 (w.e.f. 15-7-1993).

2. Substituted vide Notification No. 364/Rules/DHC dated 13-12-1991. 3. The Original Side Practice Direction No. 6 of 1974 renumbered as No. 3 vide Notification No. 364/Rnles/DHC
dated 13-12-1991.

4. The Original Side Practice Direction No. 7 of 1974 amended and renumbered as No. 4 vide Notification No.
364/Rules/DHC dated 13-12-1991.

Appendix A

The Delhi High Court Act, 1966

(Act No. 26 of 1966)
1. Short title and commencement 2. Definitions 3. High Court 3A. Salaries and allowances of Judges to be expenditure charged on Consolidated Fund of India 4. Exceptions and Modifications subject to which the provisions of Chapter V of Part VI of the Constitution apply to the High Court of Delhi 5. Jurisdiction of High Court of Delhi 6. Power to enrol legal practitioners etc. 7. Practice and Procedure in the High Court of Delhi 8. Custody of the Seal of the Court of Delhi 9. Form of writs and other processes 10. Powers of Judge 11. Procedure as to appeals to Supreme Court 12. Transfer of proceedings from the High Court of Punjab to the High Court of Delhi 13. Right to appeal or to act in proceedings transferred to the High Court of Delhi 14. Interpretation 15. Savings 16. Pending Proceedings before subordinate Court in Delhi 17. Extension of the jurisdiction of the High Court of Delhi 18. Rule of construction 19. Repealed 20. Power to remove difficulties 21. Power to adapt laws

An act to provide for the constitution of a High Court for the Union territory of Delhi, for the extension of the Jurisdiction of that High Court of the Union territory of Himachal Pradesh and for matters connected therewith. Be it enacted by Parliament in the Seventeenth Year of the Republic of India as follows: 1. Short title and commencement(This Act may be called the Delhi High Court Act, 1966.) (2) Section 17 shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and the remaining provisions of this Act shall come into force at once. 2. DefinitionsIn this Act, unless the context otherwise requires (a) appointed day means the date appointed under Section 3. (b) notified order means order notified in the Official Gazette. 3. High Court(1) As from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be a High Court for the Union territory of Delhi (hereinafter referred to as the High Court of Delhi). (2) This principal seat of the High Court of Delhi shall be at Delhi or at such other place as the President may, by notified order, appoint. (3) Notwithstanding anything contained in sub-section (2), the Judges and Division Courts of the High Court of Delhi may sit at such other place or places other than its principals seat as the Chief Justice may, with the approval of the President, appoint. 1[1][3A. Salaries and allowances of Judges to be expenditure charged on Consolidated Fund of IndiaExpenditure in respect of the salaries and allowances of Judges of the High Court of Delhi shall be expenditure charged on the Consolidated Fund of India.] 4. Exceptions and Modifications subject to which the provisions of Chapter V of Part VI of the Constitution apply to the High Court of DelhiThe provisions of Chapter V of Part VI of the Constitution shall, in their application to the High Court of Delhi, have effect subject to the following exceptions and modifications, namely: (a) in Article 217, the words the Governor of the State shall be omitted and in relation to appointments to be made under sub-section (2), that article shall be construed as if the words, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, had also been omitted; (b) in Article 219, the reference to the Governor of the State, and in the proviso to clause (3) of Article 227, reference to the Governor, shall be construed as a reference to the administrator of the Union territory of Delhi. (c) the provisions of Article 225 shall not apply: (d) in Article 229 (i) the references to the Governor of the State shall be construed as references to the administrator of the Union territory of Delhi; (ii) the references to the State Public Service Commission, the Legislature of the State and the Consolidated Fund of the State shall be construed, respectively, as references to the Union Public Service Commission, Parliament and the Consolidated Fund of India : (e) the provisions of Article 230 shall apply subject to the modifications that
1[1].

Added by Act 37 of 1969, Section 2, w.e.f. 1-10-1969.

(i) in clause (1) thereof, for the words High Court in both the places where they occur, the words High Court for a Union territory and for the words any Union territory, the words any other Union territory shall be substituted; (ii) for clause (2) thereof, the following clause shall be substituted, namely: (5) Where the High Court for a Union territory exercises jurisdiction in relation to another Union territory, the reference in Article 227 to the administrator of the Union territory of Delhi shall, in relation to any rules, forms or tables for subordinate Courts in that order Union territory, be construed as a reference to the administrator of that order Union territory. (2) Between the coming into force of this Section and the appointed day, the President may, after consultation with the Chief Justice of India, appoint the Chief Justice, of the High Court of Delhi and as many other Judges of the said Court as he thinks fit, and any appointments so made shall take effect as from the appointed day. 5. Jurisdiction of High Court of Delhi(1) The High Court of Delhi shall have, in respect of the territories for the time being included in the Union territory of Delhi, all such original, appellate and other jurisdiction as, under the law in force immediately before the appointed day, is exercisable in respect of the territories by the High Court of Punjab. (2) Notwithstanding anything contained in any law for the time being in force, the High Court of Delhi shall also have in respect of the said territories ordinary original civil jurisdiction in every suit the value of which exceeds 2[2][rupees five lakhs.]
COMMENTS Constitutionality of Statute.In a suit pending before the High Court (original side) if a question may arise as to the invalidity or vires of regulation it can be heard and decided though a suit or proceeding specifically seeking adjudication of ultra vires and striking down of such regulation. Indian Council of Agricultural Research v. Veterinary Council of India, 1996 (63) DLT 786 : 1996 (38) DRJ 555. Section 113 of CPC contemplates a case pending before any court and involving a question as to the validity of any act, ordinance and regulation or any provision contained therein, the determination of which is necessary for the disposal of the case. If the court is of the opinion that it is invalid and inoperative but has not been so declared by the High Court to which that court is subordinate or by the Supreme Court, the court shall state a case, setting out its opinion and the reasons thereof and refer the same for the opinion of the High Court. Such a question may arise by way of an issue in any suit and it is not necessary that a suit must have been filed specifically seeking relief of declaration of its nullity or of its being struck down. Indian Council of Agricultural Research v. Veterinary Council of India, 1996 (63) DLT 786 : 1996 (38) DRJ 555. JurisdictionThe jurisdiction of the High Court is same as exercisable in the Punjab High Court in Delhi before the constitution of Delhi High Court except as provided in Section 5(2) of Delhi High. Court Act, 1966. The High Court of Punjab under High Court (Punjab) Order 1947, has the same jurisdiction as exercised by the High Court at Lahore. There is no clause in the Letters Patent of Lahore High Court similar to Cl. 12 of the Letters Patent of Calcutta, Madras and Bombay High Courts. R.P. Sachdeva v. The State, AIR 1986 Delhi 178. Full effect has to be given to the language employed to sub-section (2) of Section 5 notwithstanding anything contained in any law for the time being in force and that can be done only by saying that for purposes of Section 92 of the Code, the Court of the District Judge Delhi, will be the principal Civil Court of original jurisdiction in every suit the value of which does not exceed fifty thousand rupees (now twenty lakhs rupees) but in other suits the value of which exceeds the above amount, this High Court will be the principal Civil Court of original jurisdiction. It cannot be disputed that if original jurisdiction had been completely taken away from the Court of the District Judge, Delhi and conferred upon this High Court, then notwithstanding Section 24 of the Punjab Courts Act, the High Court will be the principal Civil Court of original jurisdiction irrespective of the valuation of the suit as in the case what are called the Presidency Courts. Bakshi Lochan Singh v. Jatliedar Santokh Singh, AIR 1977 Delhi 277. Pecuniary jurisdictionArbitrary and whimsical valuationA peculiar situation has arisen in Delhi as most of the High Courts in the country do not have Original Side Jurisdiction. The suit in relation to infringement, passing off etc, is filed for obtaining perpetual injunction. Suit has to be filed before the District Judge but to bring this suit to be maintained in this Court, relief for rendition of account is added wherein relief for rendition of account is valued at Rs. 200/- and for the purpose of jurisdiction the relief is valued at more than 5 lakhs rupees, whose exercise is for maintaining the suit in this Court and that is why figure of jurisdictional value is fixed over Rs. 5 lakhs so as to bring the suit within the pecuniary jurisdiction of the Original side of the Delhi High Court. There is neither any nexus nor rational or objectivity and not even a whisper in the plaint as on what basis the approximation value of jurisdiction has been arrived at by the plaintiff at Rs. 5,50,000/-. Least a plaintiff, if he feels and takes advantage of the settled proposition of law to value the suit for the purpose of jurisdiction differently than for the purpose of relief, ought to have given some reasons in the plaint, which I find totally missing in the case before hand. This fixation of valuation is demonstrably arbitrary, given to oust the jurisdiction of the Court of the first instance, i.e. the Court of the District Judge. Relief of rendition of account is sought in this suit, which is essentially a suit for injunction and to maintain this suit in this Court in paragraph 23(c) an averment has been made that for the purpose of jurisdiction, the value is fixed at Rs. 5,50,000/-. The foundation of suit emanates from the breach of legal obligation regarding copyright, trade mark and passing off, where the first and foremost relief is the relief of injunction. The relief for rendition of account is only to bring the suit within the ambit of section 9 of the Suits Valuation Act, Court Fee Act, read with Rules 3 & 4 of the Punjab & Haryana High Court Rules. The valuation in this suit over Rs. 5 lakhs is arbitrary and whimsical. When there are two forums available to the plaintiff, the plaintiff has to file the suit at the Court of the lowest grade. The reasoning of section 15 of the Code of Civil Procedure that every suit should be instituted in the Court of the lowest grade competent to try it, is intended for the protection of the Courts of higher grade from over-burdening. The suit like the one before me has been filed by fixing a whimsical and arbitrary valuation with no material whatsoever. Thousands of suits are pending on the Original Side of the High Court. Litigants are waiting for more than 20 years for their substantive suits to be heard and rights determined but on account of three lines in the plaint all these helpless litigants, having paid Court fee, are sidelined to decide an interlocutory application. This is not what the rule of law is meant for. Unnecessarily overburdening the Court system when there is efficacious machinery available, the ingenuity making averment in the plaint regarding fixation of the valuation for the purpose of jurisdiction, in my opinion, will invest this Court with the jurisdiction to try the suit. For the reasons stated above the plaint is returned with a direction that the same may be filed in the Court of District Judge having jurisdiction to deal with the matter. Wockhardt Veterinary Ltd. v. Raj Medicos, 1998 (6) AD Delhi : 1998 RLR 353. Pecuniary jurisdictionValue fixed by petitioner when not inflatedThe respondent was required to pay only a sum of 2,99,950/- by way of application fee for 49,900 shares and the jurisdiction value of the petition cannot, therefore, be more than Rs. 2,99,500/- and as such this Court will have no pecuniary jurisdiction. In my opinion once the respondent has undertaken to subscribe 49,900 equity shares of Rs. 10/- each of the obligation of the respondent is for the payment of the value of these shares, which comes to Rs. 4,99,000. The petitioner has also claimed interest on this amount at the rate of 18% per annum and the jurisdiction value has, therefore,
2[2].

Substituted for the words rupees five laks by Central Act No. 35 of 2003 w.e.f. 16.7.2003.

been mentioned in the petition as Rs. 7,73,637/- which includes interest on the amount allegedly due from the respondent. In my view there cannot be any objection to this jurisdiction value fixed by the petitioner as the same is neither arbitrary not inflated. As the value of the petition for purposes of the jurisdiction is more than Rs. 5 lacs, this Court has pecuniary jurisdiction to try the petition. Pasupati Fabrics Limited v. Savani Financial Limited, 2001 (3) RAJ 167. Power to amend pecumiary limitFor Union Territories, by virtue of Art. 241 of the Constitution, the Parliament alone has power to constitute a High Court for all or any of the purposes of the Constitution. This power include power of defining, enlarging, altering, amending and diminishing the territorial and pecuniary power. Delhi High Court Amendment Act, 2001 passed by Legislative Assembly of Delhi to amend the Delhi High Court Act 1966 and Punjab Courts Act 1918, whereby raising the pecuniary limit of Delhi High Court from 5 lakh to 20 lakh held ultra vires of Constitution. Legislative Assembly of Delhi was not competent to pass impugned legislation. Geetika Panwar v. Govt. of NCT of Delhi, 2002 (64) DRJ 588 : 2002 (99) DLT 840. Delhi High Court Bar Association & Anothers v. Govt. of NCT of Delhi, 2002 (64) DRJ 588 : 2002 (99) DLT 840. Scope of appealIn view of the special position of Delhi, where the ordinary original civil jurisdiction previously exercised by subordinate Courts has been brought within the ordinary civil jurisdiction of the High Court (with reference to suits of certain pecuniary value) only orders from which appeals lay under Order 43(1) of the Code from decisions made by Civil Courts would be appealable even where a single Judge of this court passed such orders in the exercise of ordinary civil jurisdiction. Gokulchand D. Morarka v. Company Law Board, (1974) 44 Co. Cases 173 (Delhi). When a judgment is delivered by a Single Judge exercising the jurisdiction inherited from the Punjab High Court under Section 5(1) of the Act, then the appeal against it lies under Cl. X of the Letters Patent. On the other hand. When a learned Single Judge delivers a judgment in exercise of the ordinary original civil jurisdiction from the subordinate Courts under Section 5(2) of the Act then appeal lies under Section 10(1) of the Act. The Public Trustee v. Sh: Rajeshwar Tyagi, 1971 DLT 252. (see also Smt. Shanta Sabharwal v. Smt. Sushila Sabharwal, AIR 1979 Delhi 153.) Testamentary and intestate jurisdictionThe contention that by virtue of the provision (Section 5(2)) this High Court has become the principal Court of original civil jurisdiction with respect to all matters of the said value including matters in which the testamentary and intestate jurisdiction is invoked, so as to divest the District Judge of the jurisdiction to deal with such matters ignores the limited purpose for which sub-section (2) confers jurisdiction and impliedly ousts the corresponding jurisdiction of the District Judge. The ordinary original civil jurisdiction has relation to every suit. This obviously leaves jurisdiction other than that exercisable in a suit such as testamentary and intestate jurisdiction as indeed other jurisdiction unaffected. R.S. Sachdeva v The State, AIR 1986 Delhi 178.

6. Power to enrol legal practitioners etc.(1) The High Court of Delhi shall have like powers to approve, admit, enrol, remove and suspend legal practitioners, and to make rules with respect to them, as are, under the law in force immediately before the appointed day, exercisable by the High Court of Punjab. (2) The right of audience in the High Court of Delhi shall be regulated in accordance with the like principles, as, immediately before the appointed day, are in force with respect of the right of audience in the High Court of Punjab : Provided that subject to any rule made or direction given by the High Court of Delhi in the exercise of the powers conferred by this section, any person who immediately before the appointed day is an advocate entitled to practise or an attorney entitled to act in the High Court of Punjab shall be recognised as an advocate or an attorney entitled to practise or act, as the case may be, in the High Court of Delhi. 7. Practice and Procedure in the High Court of DelhiSubject to the provisions of the Act, the law in force immediately before the appointed day with respect to practice and procedure in the High Court of Delhi and accordingly the High Court shall have all such powers to make rules and others with respect to practice and procedure as are immediately before the appointed day exercisable by the High Court of Punjab and shall also have powers to make rules and orders with respect to practice and procedure for the exercise of its ordinary original civil jurisdiction: Provided that any rules or orders which are in force immediately before the appointed day with respect to practice and procedure in the High Court of Punjab shall, until varied or revoked by rules or orders made by the High Court of Delhi, apply with the necessary modifications in relation to practice and procedure in the High Court of Delhi as if made by that High Court.
COMMENTS Practice & procedure are said to relate to the legal rules directing the manner of bringing the parties into Court, and the method of the Court after they are brought in, hearing, dealing with, and disposing of, matters in disputes between them. In Tata Oil Mills v. Hansa Pharmacy, ILR 1979 (2) Delhi 236, procedure was held to signify the mode in which the successive steps in litigation are taken. Thus Practice & procedure as occurring in section 7 of Delhi High Court Act appear to speak of the rules of Practice and procedure applicable to the Delhi High Court on its judicial side only Suraj Bhan v. Rajinder Pal Singh Lamba, 2001 (91) DLT 702. This section, on its plain reading does not seem to contemplate the negative by excluding the applicability of the law in force immediately before the appointed day with respect to practice and procedure in the Courts of the District Judges and Subordinate Judges of the First Class in the Union Territory of Delhi. The Parliament, did not intend by enacting Section 7 that Rule 1 of Order 37, as indisputably applicable in express terms to the subordinate Courts in Delhi, would cease to apply to them with effect from the appointed day. The Courts of the District Judges and Subordinate Judges of the First Class having been expressly included in the amendment made by the Punjab High Court in Rule 1 of Order 37, nothing contained in Sections 121 and 127 CPC, would automatically repeal this part of Rule 1 or render this part of the amendment ineffectual or inoperative with effect from the appointed day. Radhey Shyam Sawhney v. Bawa Joginder Singh Bhalla, AIR 1969 Delhi 142. Practice in its larger sense denotes the mode of proceeding by which a legal right is enforced, distinguished from the law which gives or defines the right and which by means of the proceedings the Court is to administer. Poyser v. Minors, (1881) 7 QBD 329. Practice means the same things as procedure and denotes rules that make or guide cursus curise and regulate the proceedings in a case within the walls or limits of the Court itself. A. G. v. Sillem, (1864) 10, HLC 704, In Words and Phrases Vol. 33 at page a88 Practice and Procedure are said to relate to the legal rules directing the manner of bringing parties into the Court, and the method of the Court after they are brought in, in hearing, dealing with, and disposing of, matters in disputes between them. In Jowitt s Dictionary of English Law 2nd edn. page 1438, procedure is the mode in which the successive steps in litigation are taken, see Tata Oil Mills Co. Ltd. v. Hansa Chemical Pharmacy, ILR (979) 2 Delhi 236.

8. Custody of the Seal of the Court of DelhiThe law in force immediately before the

appointed day with respect to the custody of the Seal of the High Court of Punjab shall, with the necessary modifications apply with respect to the custody of the Seal of the High Court of Delhi. 9. Form of writs and other processesThe law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the High Court of Punjab shall with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the High Court of Delhi. 10. Powers of Judge(1) Where a single Judge of the High Court of Delhi exercises ordinary original civil jurisdiction conferred by sub-Section (2) of Section 5 on that Court, an appeal shall lie from the judgment of the single Judge to a Division Court of that High Court. (2) Subject to the provisions of sub-section (1), the law in force imme-diately before the appointed day relating to the powers of the Chief Justice, single Judges and Division Courts of the High Court of Punjab and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the High Court of Delhi.
COMMENTS AppealAgainst grant of exemption in Court feeIn a case of appeal against grant on exemption of Court fee, Ld. Single Judge held that in case plaintiff succeeds will pay Court fees from decreatal amountAppeal against the order that Ld. Single Judge can only postpone and can not grant exemption. Appeal raises an important question of law. Appeal is maintainable. Sahara India Airlines v. R. A. Singh, 1997 (68) DLT 891 : 1997 (43) DRJ 217. AppealAgainst order rejecting review.Order rejecting application for review is not judgmentNo appeal lies therefrom. Basant Kharbanda v. Punjab & Sind Bank, 1997 (1) AD (Delhi 398 : 1997 (40) DRJ 145 : 1997 (65) DLT 378. In Shanker Moniram Nale v. Shilolsing Gannusing Rajput, (1994) 2 SCC 753, an appeal was preferred against an order rejecting an application for review. Their Lordship held: This appeal is obviously incompetent. It is against an order of a Division Bench of the High Court rejecting the application for review of a judgment and decree passed by a learned Single Judge, who seems to have retired in the mean time. It is not against the basic order. Order 47 Rule 7 of CPC bars an appeal against the order of the Court rejecting the review. On this basis, we reject the appeal. AppealBar under Special LawAn order granting leave to a party to revoke the authority of an appointed arbitrator under section 5 of the Arbitration Act is not an appealable order under section 39 of Arbitration Act and even an Order appointing another arbitrator is not appealable. Appeal if not maintainable under section 39, also not maintainable under section 10 of Delhi High Court Act. Chairman & Managing Director NTPC v. Raj Kishan & Co., 2001 (5) AD (Delhi) 242. (See also Union of India v. S. Mohinder Singh, AIR 1979 All. 342.) Application for temporary injunction under section 41 read with section 2 of Arbitration Act dismissed by Single Judge. Appeal before Division Bench under section 10 of Delhi High Court Act is not maintainable in view of section 39 of the Arbitration Act. Former is a general and latter is a special law. M/s. Banwari Lal Radhey Mohan v. Punjab State Cooperative Supply and Marketing Federation, AIR 1983 Delhi 402 : 1983 (24) DLT 36 : 1983 Arb. LR. 28. The provisions of section 39 of Arbitration Act cannot be said to have been repealed by implication by section 10 (1) of Delhi High Court Act, 1966 and thus section 10(1) cannot be held to confer right of an appeal against those orders which are not covered by section 39(1) of the Arbitration Act. Union of India v. A. S. Dhupia, AIR 1972 Delhi 108. AppealCompetencyAn appeal under Section 10(1) of Delhi High Court Act would be competent if it falls under Section 104 C.P.C. or Order 43 Rule 1. University of Delhi v. Hafiz Mohd. Said, 1972 DLT 151. AppealIntention of legislationThe draftsman could neither have intended to restrict the right of appeal only to final judgments disposing of the entire suit nor could have intended it to extend to all orders made during the course of trial, however ministerial or procedural in their nature of ineffectual on the rights of the parties. Begam Aftab v. S. Lal Chand, AIR 1969 Delhi 85. AppealLegal right in disputeWhere a legal right is in dispute and ordinary Courts of country are seized of such disputes, Courts are governed by ordinary rules of procedure applicable thereto and an appeal lies if authorised by such rules notwithstanding that legal right claimed arises under a special statute, which does not in terms confer a right of appeal. The present case relates to a suit filed on the original side and an application which would give rise to a right of appeal for which forum is provided under section 10 of Delhi High Court Act. Rattanlal & Others v. Krishan Kumar & Others, 2002 (63) DRJ 233 : 2002 (1) AD (Delhi) 80. AppealMaintainabilityMaintainability of appeal after accepting costs granted by the order of learned Single Judge. The Cost received by the clerk of counsel without any express authority from the party. Immediate steps taken to refund the cost. Appeal is maintainable as no question of estoppel can arise. Abdul Hamid & Others v. Charanjit Mehra, 1995 (35) DRJ 472 : 1995 (60) DLT 847 : 1995 (4) AD (Delhi) 717. Single Judge dismissing the petition under Art 226 challanging the preventive detentionAppeal to division bench is maintainable. Harminder Singh v. Union of India, 1994 (29) DRJ 535 : 1994 (55) DLT 187. AppealMis-statement of material fact.Petitioner directed by CEGAT to deposit full amount of duty. Petitioner filed writ in Nagpur bench of Bombay High Court where relief not granted. Against the same order of CEGAT, writ petition filed in Delhi High Court which granted interim order and same confirmed by Single Judge. Mis-statement of material fact that no similar writ petition filed in any other High Court or Supreme Court tantamount to concealing of material fact. In the result writ dismissed and interim order vacated. Union of India v. Central Cables Pvt. Ltd., 1992 (22) DRJ 268. AppealNo inherent rightSection 10 of Delhi High Court Act does not confer any right of appeal. It provides only a forum of appeal. Appeal is a creature of statute and there is no inherent right of appeal. Vidyawati Construction Company v. Rail India Tech. & Eco. Services, 2001 (91) DLT 538 : 2001 (2) Arb.LR 254. (See also East India Hotels Ltd. v. Jyoti Pvt. Ltd., 1996 III AD (Delhi) 242 : 1996 (36) DRJ 706. AppealOrder is not judgmentAn order of the Single Judge ordering notice under Order 39 Rule 3 CPC is not a judgment under Section 10 of Delhi High Court Act and hence the appeal is not maintainable. Nisha Raj & Anothers v. Pratap K. Kaula & Others, 1995 (57) DLT 490 : 1995 RLR 307 : 1995 (32) DRJ 89. Single Judge ordered for sending documents for adjudication under Stamp Act. Such order dealing with relevancy or admissibility of documents is not appealable. If an order deciding whether the document is relevant or admissible is not a Judgment, a fortiori, an order sending the document for adjudication cannot be a judgment. M/s. Selected Marble Home v. Arun Kumar Gupta, 1994 (30) DRJ 725 : 1994 RLR 454. AppealRight of liquidator of dissolved companyRight of liquidator of dissolved company to file appeal Single Judge held that liquidator could not represent non-existing company. Company was incorporated under GMBH Laws governed by the same. Court having jurisdiction over company on date of dissolution remains competent until the assets have been finally distributed. Suit by liquidator of dissolved company is maintainable. Appeal allowed and order of Single Judge Set aside. Hansipara GMBH v. Dresner Bank Frankfurt, 1992 (22) DRJ 260. See also Russian and English Bank v. Baring Brothers and Company Ltd., 1932 (1) Chancery Division 435. AppealSecond look over the matterSuit for infringement of trade marks and passing offAppellants restrained by Single Judge. The order passed by learned Single Judge should not be lightly interfered with. However, if the attention of the learned Single Judge has not been drawn to certain facets of the matter, or though the attention was drawn, but learned Single Judge, either did not feel it necessary to go far enough, due

to inequitable conduct of the party in an appeal under section 10, a Division Bench is not debarred to have a second look at those facts and facets of the matter. If parties or their counsel could not draw attention of learned Single Judge towards certain facts and facets and the tentative or final conclusions are apparently based on insufficient premises, a division bench, while hearing an appeal would be justified to have a second look over the matter and to form a different opinion on the basis of facts established by material on record and on established legal prepositions. Rob Mathys India (P) Ltd. v. Synthes Ag. Char., 1997 PTC 669 (D.B.). AppealWhen order is not judgmentAn order passed by a Single Judge during the hearing of civil suit granting or refusing leave to deliver interrogatories does not decide any right of a party to the suit nor does it conclude any stage in the suit or proceedings. It does not amount to a Judgment within the meaning of section 10(1) so as to make it appealable. Exports Unlimited v. Delhi State Industrial Development Corporation, 1996 (37) DRJ 109 : 1996 (2) AD (Delhi) 570. Exercise of jurisdictionIf Clause 10 of the Letters Patent was sufficient to provide the forum of appeals against judgments rendered in original jurisdiction contemplated by Section 5 of Delhi High Court Act, the legislature would not have enacted Section 10 at all in the High Court Act. So Clause 10 of the Letters Patent is not attracted in respect of judgments given by Single Judges of this Court while exercising jurisdiction under Section 5(2) of the Delhi High Court Act. Neelam Mittal v. Sheel Kumar Mittal, 1973 (2) ILR Delhi 616. When a judgment is delivered by a Single Judge exercising the jurisdiction inherited from the Punjab High Court under Section 5( 1) of Delhi High Court Act, then the appeal against it lies under Clause 10 of the Letters Patent. On the other hand when a single Judge delivers a judgment in the exercise of the ordinary original civil jurisdiction obtained from the subordinate Courts under Section 5(2) of the Act, then the appeal lies under Section 10(1) of the Act. Due to this basic difference, the meaning of the word judgment in Clause 10 of the Letters Patent and Section 10( 1) of the Act are different. The former includes a preliminary, interlocutory or final judgment or orders while the latter includes only a decree or an order appealable under the Code of Civil Procedure. The Public Trustee v. Rajeshwar Tyagi, AIR 1972 Delhi 302. JudgementAppeal against order closing judgmentAppeal against the order closing of evidence is not maintainable, as such order does not amount to judgment. Such orders are made during the course of recording of evidence and relate to the admissibility or relevancy of evidence and the conduct of the proceedings. These are of ancilliary nature and do not have the attribute of finality. Hari Singh v. Kharaiti Lal & Sons., 1995 (32) DRJ 309 : 1995 (1) AD (Delhi) 746. JudgmentAppeal against order allowing amendment in written statementAppeal against the order of ld. Single Judge allowing amendments in written statement. The order in question takes away the valuable right of the plaintiff to rely on the admission of the defendant and therefore would constitute a judgment rendering it appealable by way of letter patent appeal. Abdul Hamid & Others v. Charanjit Mehra, 1995 (35) DRJ 472 : 1995 (60) DLT 847 : 1995 (4) AD (Delhi) 717. JudgmentAppeal from arbitrators awardDecision of Single Judge on appeal from arbitrators award is not a judgment within Clause 10. Letters Patent (Delhi). Appeal under Clause 10 is incompetent. Banwari Lal & Sons Pvt. Ltd. v. Union of India, 1982 DRJ 12 (SN) : 1981 (20) DLT 225 : AIR 1981 Delhi 366. JudgmentInterlocutory order.Two issues framed for disposal of application. First regarding limitation and second regarding service of notice to defendants. Learned Judge directing that issue No. 2 be dealt first. Interlocutory Order directing the defendant to lead evidence first in respect of application under Order IX R13 CPC is not a judgment and therefore cannot be subject matter of appeal. Such order is only procedural in nature. Neither this order puts an end to the proceedings nor to application under Order IX Rule 13 CPC. Satish Chandra v. Sanjiv Katyal, 1997 (67) DLT 377 : 1997 (4) AD (Delhi) 108. (See also T. V. Tuljaram Row v. MK R. V. Alagappa Chettier, (1912) ILR Mad. 1.) JudgmentKinds ofA judgment can be of three kinds, a final judgment, a preliminary judgment and intermediary or interlocutory judgment. The word judgment has undoubtedly a concept of finality in a broader and not a narrower sense. Shah Babulal Khimji v Tciyaben (1981) 4 SSC 816. See also Judgal Kishore Paliwal v. S. Singh, (1984)1 SCC 358. JudgmentMeaning and scopeA judgment means a decision in an action whether final, preliminary or interlocutory which decides either wholly or partially, but conclusively in so far as the Court is concerned, the controversy which is the subject of the action. Gokulchand D. Morarka v. Company Law Board, 1974 (44) Co. Cases 173 Delhi. JudgmentMeaning and scopeBecause of original jurisdiction of Delhi Court depending upon valuation of suit, the word judgment for the purpose of appeal has a special meaning. It would include orders which affect vital and valuable rights of parties. The term cannot be interpreted by reference to appealable orders enumerated in Order 43 C.P.C. Orders relating to addition of parties or amendment of pleading would be judgment and hence appealable. Gurmauj Sarna v. Joyce Salim, 1989 Raj. L.R. 74. Every interlocutory order cannot be regarded as a judgment but only those orders would be judgments which decide matters of moment or affect vital and valuable rights of the parties and which work serious injustice to the party concerned. Similarly orders passed by the trial Judge deciding question of admissibility or relevancy of a document also cannot be treated as judgments because the grievance of this score can be corrected by the appellate Court in appeal against the final judgment. Swadeshi Polytex Ltd. v. V.K. Goel and others, AIR 1987 Delhi 260. It is not possible to lay down any definite rule which would meet the requirements of all the cases and all that we may say is that in determining whether an order or decision constitutes a Judgment or not the Court has to take into consideration the nature of the order and its effect upon the suit or the civil proceeding in which it is made. Each case would thus depend on its own peculiar facts and circumstances. Begam Aftab v. S. Lal Chand, AIR 1969 Delhi 85. JudgmentOrder overruling objection to executionOrder overruling objection to execution and directing recovery is a judgments. Appeal is maintainable. Union of India v. M/s. Jagat Ram Trehan and Sons., AIR 1996 Delhi 191 : 1996 (61) DLT 779 : 1996 (36) DRJ 466. (Radhey Shyam v. Shyam Behari Singh, AIR 1971 SC 2337 followed.) Latter patent appealScope ofInterlocutory order simply adjourning the case and refusing to grant any interim order of restraint, is not a judgement, so not appealable to Division bench under letter patent. Nico Resources Ltd. v. Gujarat State Petrolieum Corporation, 2000 (88) DLT 303 : 2000 (55) DRJ 654. (See also Shah Babulal Khim Ji v. Jayaben D. Kanta, (1981) 4 SCC 8, Nisha Raj v. Pratap K. Kaula, 1995 1, AD Delhi 533, Exports Unlimited v. Delhi State Industrial Development Corporation, 1996 (37) DRJ 109, T. V. Tuljaram Row v. MKRV Alagappa Chettiar, ILR 35 Madras 1, Justice of the peace for Calcutta v. Oriental Gas Co. VIII Beng., LR 433, Chandi Charan Saha v. Jrianendra Nath Bhattacharjee, 29 Cal. LJ 225, Muthura Sundari Dassi v. Haran Chandra Shaha, AIR 1916 Cal. 361, Shorab Merwanji Modi v. Mansata Film Distributors, AIR 1957 Cal. 727, Mohd. Felumeah v. S. Mandal, AIR 1960 Cal. 582). Letter patent appealAgainst dismissal of writ petitionIssue with regard to writ petition being not maintainable on the ground of delay and laches not raised at the time of hearing of the writ petitions, as the same does not find any place in the Judgment of learned Single Judge. Plea can not be raised in letter patent appeal. Delhi Development Authority v. Shyama Prasad Mukherjee Park Plot Holders Assn., 1998 (75) DLT 169 : 1998 (47) DRJ 147. Letter patent appealAgainst order in writ petitionClause 10 of Letters Patent, Section 10 of Delhi High Court Act, Section 141 of C.P.C. and Rule 19 of Original Side Rules cannot be invoked for appeal to an interim stay order granted by single Judge in Civil Writ Petition which is by way of extraordinary civil jurisdiction. State of Himachal Pradesh v. Ajit Kumar, ILR (1976) H.P. 24. Letter patent appealInterference with order of trial judgeConsiderations for exercise of jurisdiction to interfere with discretionary Order of trial judgeThe Division Bench of the Court must give sufficient

allowance to trial judge and raise a presumption that any discretionary order which he passes must be presumed to be correct unless it is ex facie legally erroneous or causes grave and substantial injustice. Gochwal Leasing & Finance (P) Ltd. v. Harish Chand Jhamb, 1996 (37) DRJ 497 : 1996 (3) AD (Delhi) 718. Letter patent appealLocus standi to fileLocus standi to file Letter Patent appealAppeals against the judgment of Single Judge allowing the Writ petitions and quashing the declaration made under section 6(1) of Land Acquisition Act as being violative of section 17(4) of the L A Act.The beneficiary of the land has locus standi to challange the order in letter patent appeal. International Airport Authority of India v. Akhil Sibal, 1996 (37) DRJ 1 : 1996 (2) AD (Delhi) 317. Letter patent appealScope ofChallange to the order of Single Judge permitting a Will on record. Objection to production of Will on the ground of delay turned down. Appeal is not maintainable against such order as this does not fall within the definition of judgment. Kusum Duggal v. Kaushalya Jhingan & Anothers, 2000 (55) DRJ 831 : 2001 (89) DLT 146. Direction to council to disclose the names of legal heirs of deceased party, does not decide any right of the parties. It is not a judgment subject to letter patent appeal. Uttam Chand v. Canara Bank, 1996 (63) DLT 303 : 1996 (38) DRJ 160. There is no bar to the maintainability of a Letters Patent appeal under Clause 10 of the Letters Patent in proceedings under the Land Acquisition Act. Section 54 of the Land Acquisition Act does not contain any specific bar to the right of second appeal. Therefore the second appeal under the Letters patent will be available to the party concerned. Mahli Devi v. Chander Bhan and Others, AIR 1995 Delhi 293 : 1995 (58) DLT 162. Respondent employee of Hindustan Commercial Bank, dismissed from service. Appeal against the order to Appellate Authority but no decision there on. Meanwhile the bank amalgamated with Punjab National Bank. Obligation passed on the Punjab National Bank to decide the appeal. Writ petition against Bank held maintainable and appeal allowed. Punjab National Bank v. S.K. Poddar, 2002 (65) DRJ 753 : 2002 (8) AD (Delhi) 4. Ordinary and extra-ordinary jurisdictionSection 10 becomes an all comprehensive section by covering all the types of intra-Court appeals. Thus by the application High Court has two types of original jurisdiction namely (1) ordinary and (2) extraordinary. Tile first type of jurisdiction is provided by sub-section (1) while the second type of jurisdiction is provided by sub-section (2) thereof. Historical perspective of both these types of original jurisdiction being different, the distinction between sub-sections (1) and (2) assumes importance. IntraCourt appeals contemplated both the sub-sections of Section 10 are against the judgment of a single Judge, because while sub-section (1) specifically refers to that expression, sub-section (2) makes a reference to that expression by necessary implication because it saves Clause 10 of the Letters Patent. Asa Singh Kochhar v. Darshan Singh Kochhar, ILR (1976) H.P. 551. Special jurisdictionArticle 226 itself refers to several writs, which could be issued by the High Court. It creates a constitutional jurisdiction, which is entirely original, in ordinary parlance, it can be referred as a special jurisdiction; it cannot be classified as a Criminal Jurisdiction, at all, only because, a person in detention can invoke it for his release. Harminder Singh v. Union of India, 1994 (29) DRJ 535 : 1994 (55) DLT 187. (See Mahomeddali Allabux v. Ismailji Abdulali, AIR 1926 Bom. 332).

11. Procedure as to appeals to Supreme CourtThe law in force immediately before the appointed day relating to appeals to the Supreme Court from the High Court of Punjab and the Judges and Division Courts thereof shall, with the necessary modifications, apply in relation to the High Court of Delhi. 12. Transfer of proceedings from the High Court of Punjab to the High Court of Delhi(1) Except as hereinafter provided, the High Court of Punjab shall, as from the appointed day, have no jurisdiction in resepct of the Union territory of Delhi. (2) Such proceedings pending in the High Court of Punjab immediately before the appointed day as are certified whether before or after that day, by the Chief Justice of that High Court having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the High Court of Delhi, shall, as soon as may be after such certification, be transferred to the High Court of Delhi. (3) Notwithstanding anything contained in sub-sections (1) and (2) of this section and in Section 5, but save as hereinafter provided, the High Court of Punjab shall have, and the High Court of Delhi shall not have, jurisdiction to entertain, hear or dispose of, appeals, applications for leave to appeal including leave to appeal to the Supreme Court, applications for review and other proceedings where any proceedings seek any relief in respect of any order passed by the High Court of Punjab before the appointed day: Provided that if after any such proceedings have been entertained by the High Court of Punjab, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Delhi, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. (4) Any order made by the High Court of Punjab (a) before the appointed day, in any proceedings transferred to the High Court of Delhi by virtue of sub-section (2); (b) in any proceedings with respect to which the High Court of Punjab retains jurisdiction by virtue of sub-section (3); Shall for all purpose have effect, not only as an order of the High Court Punjab, but also as an order made by the High Court of Delhi. 13. Right to appeal or to act in proceedings transferred to the High Court of Delhi Any person who, immediately before the appointed day, is an advocate entitled to practise or an attorney entitled to act, in the High Court of Punjab, and was authorised to appear or to act in any proceedings transferred from that High Court to the High Court of Delhi under Section 12, shall have the right to appear or to act, as the case may be, in the High Court of Delhi in relation to those proceedings. 14. InterpretationFor the purposes of Sections 12 and 17. (a) proceedings shall be deemed to be pending in a Court until that Court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petition for writs; (b) references to a High Court shall be construed as including references to a Judge or

Division Court thereof, and references to an order made by a Court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that Court or Judge.

15. SavingsSave as provided in Section 4, nothing in this Act shall affect the application to the High Court to Delhi of any provisions of the Constitution, and this Act shall have effect subject to any provision that may be made on or after the appointed day with respect to that High Court by any Legislature or other authority having power to make such provision. 16. Pending Proceedings before subordinate Court in DelhiAll proceedings immediately before the appointed day in any subordinate Court in the Union Territory of Delhi in or in relation to any such civil suit as is referred to sub-section (2) of Section 5 shall in that day stand transferred to the High Court of Delhi which shall proceed to try, hear and determine the matter as if it had been pending therein. 17. Extension of the jurisdiction of the High Court of Delhi(1) As from such date as the Central Government may, by notification in the Official Gazette, appoint (hereinafter referred to as the prescribed date), the jurisdiction of the High Court of Delhi shall extend to the Union Territory of Himachal Pradesh. (2) As from the prescribed date the Court of the Judicial Commissioner for Himachal Pradesh shall cease to function and is hereby abolished: Provided that nothing in this sub-section shall prejudice or effect the continued operation of any notice served, injunction issued, direction given, or proceedings taken before the prescribed date by the Court of the Judicial Commissioner for Himachal Pradesh abolished by this sub-section. (3) The High Court of Delhi shall have, in respect of the territories for the time being included in the Union Territory of Himachal Pradesh, (a) All such original, appellate and other jurisdiction as under the law in force immediately before the prescribed date, is exercisable in respect of the said territories by the Court of the Judicial Commissioner for Himachal Pradesh; and also (b) Ordinary original civil jurisdiction in every suit the value of which exceeds 3[3][fifty thousand rupees,] notwithstanding anything contained in any law for the time being in force. (4) All proceedings pending in the Court of the Judicial Commissioner for Himachal before the prescribed date shall stand transferred to the High Court of Delhi. (5) Any order made before the prescribed date by the Court referred to in sub-section (4) shall for all purposes have effect not only as an order of that Court but also as an order of the High Court of Delhi. (6) For the removal of doubts, it is hereby declared that the provisions of Sections 7 to 11 and 13 shall, with the necessary modifications, apply to the High Court of Delhi in the exercise of jurisdiction conferred upon it by this section. (7) All proceeding pending immediately before the prescribed date in any subordinate Court in the union Territory of Himachal Pradesh in or in relation to any such civil suit as is referred to in clause (b) of sub-section (3) shall on that date stand transferred to High Court of Delhi which shall proceed to try, hear and determine the matter as if it had been pending therein. 18. Rule of construction(1) References in any law in force in the Union Territory of Delhi to the High Court of Punjab shall, as from the appointed day, be construed in relation to that Union territory, as references to the High Court of Delhi. (2) References in any law in force in the Union Territory of Himachal Pradesh to the High Court of Punjab or to the Court of the Judicial Commissioner for that territory shall, as from the prescribed date, be construed in relation to that Union territory as references to the High Court of Delhi. 19. [Section 19 and Schedule repealed by the Repealing and Amending Act, 1976 (56 of 1976), Section 2 and First Schedule.] 20. Power to remove difficulties(1) If any difficulty arises in giving effect to the provisions of the Act, the Central Government may, by notified order, make such provisions as appears to it to be necessary or expedient for the removal of the difficulty. (2) Every order under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session or in two successive sessions, and if, before the expiry of the session for a total period of thirty days which may be comprised in one session in which it is so laid or the session immediately following, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. 21. Power to adapt lawsFor the purpose of facilitating the application of any law in relation to the Union territory of Delhi or Himachal Pradesh, Central Government may, before the expiration of two years from the appointed day in relation to the Union territory of Delhi and before the expiration of two years from prescribed date in relation to the Union territory of Himachal Pradesh, by order, make such adaptations and modifications of the law, whether by
3[3].

Substituted by Act No. 37 of 1969, for the words twenty -five thousand rupees.

way of repeal or amendment, as may be necessary or expedient to give effect to the provisions of this Act and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.
_____________

Text of Section 4 of the Delhi High Court (Amendment) Act, 2003

4. Power of Chief Justice to transfer pending suits and proceedings to subordinate

CourtsThe Chief Justice of the High Court of Delhi may transfer any suit or other proceedings which is or are pending in the High Court immediately before the commencement of this Act to such subordinate Court in the National Capital Territory of Delhi as would have the jurisdiction to entertain such suit or proceedings had such suit or proceedings been instituted or filed for the first time after such commencement.

HIGH COURT OF DELHI, NEW DELHI OFFICE ORDER

Notification No. 31/DHC/Orgl 23.7.2003In exercise of powers conferred by Section 4 of the Delhi High Court (Amendment) Act, 2003 (Act 35 of 2003), hereinafter referred to be the Act Honble Chief Justice has been pleased to order that all pending suits or other proceedings pending in the Delhi High Court on the original side up to the value of Rs. 20 lakhs, excepting those cases in which orders for final judgment have been reserved, be transferred to the District/Subordinate Courts in pursuance of the provision of the Act which came into force with effect from 16.07.2003 vide Notification No. F No. 1-117015/1/2002-Jud. Dated 16.07.2003 issued by the Government of India, Ministry of Law, Justice and Company Affairs, published in Gazette of India Extraordinary, Part II, Section 3 sub-section (ii). The transfer of cases to the District/Subordinate Courts shall commence from 24.07.2003 Endst. No. 878/DHC/Orgl. Registrar General July 23, 2003

COMMENTS Transfer of pending suitsException to the cases in which issues have been framed. It is a mixed question of law and fact. The expression 'issues' does not include preliminary issues. Issues are to be framed is not covered under excepted categories. Clause (iii) of the order dated 18-12-1992 of the Honble Chief Justice covers only such cases where all the issues have been framed so as to set down the case for trial. D. P. Bhalla vs. Cement Corporation of India Ltd., 1995 (58) DLT 188 : 1995 (1) AD (Delhi) 1425. When Delhi High Court Act was amended in 1991 and pecuniary limit was raised from rupees one lakh to rupees five lakhsThe notification dated 18-12-1992 (for transfer of pending suits, contained exception to cases in which issues have been framed. It was held that expression issues does not include preliminary issues. Issue are to be framed is not covered under excepted categories. Clause (iii) of the order dated 18-12-1992 of the Honble Chief Justice covers only such cases where all the issues have been framed so as to set down the case for trial Power of Chief Justice to transfer pending suits in view of sec. 4 of Amendment Act, (Now see Amendment Act 2003) is administrative in nature and is neither judicial nor quasi judicial. Chief Justice has not abdicated his functions enjoined upon him under section 4 of the Amendment Act and his impugned act is beyond challange. Delhi High Court Bar Association vs. Honble Chief Justice High Court of Delhi, 1993 (26) DRJ 99 : 1993 (50) DLT 532.

Appendix B

The Punjab Courts Act, 1918

PART I 1. 2. 3. Short title and extent Definitions Enactment of provisions relating to courts in the Punjab 39. 40. Appeals from Subordinate Judges Power to transfer to a Subordinate Judge appeals from other Subordinate Judges 41. Second Appeals 42. Second appeal on no other ground 43. Repealed 44. Revision 44A. Period of limitation 45. Mode of conferring powers 46. Continuance of powers of officers 46A. Provisions regarding petition writer 47. Control of list of holidays 47A. Provision regarding pending proceedings 48. Repealed 49. Amendment of the Punjab Land Revenue Act, Punjab Tenancy Act and the Indian Fees Act 50. Amendment of definition of District Judge in Punjab General Clauses Act, 1893 51. Reference in existing enactments of Chief Courts

PART II 1. * * * 2. Repeal 3. Definitions 4 to 17 [Repealed by Section 2(1) of Punjab Act IV of 1919] 18. Classes of Courts 19. Civil districts 20. District Judges 21. Additional District Judges 22. Subordinate Judges 23. Repealed. 24. District Court to be principal Civil Court of original jurisdiction 25. Original jurisdiction of District Judge in suits 26. Pecuniary limits of jurisdiction of subordinate Judges 27. Local limits of jurisdiction 28. Special Judges and benches 29. Power to invest Subordinate Judge with Small Cause Court jurisdiction 30. Exercise by Subordinate Judge of jurisdiction of District Court in certain proceedings 31. Place of sitting of Court 32. Repealed 33. Control of Courts 34. Power to distribute business 35. Repealed 36. Power to fine ministerial officers 37. Delegation of powers to District Judge 38. Appeals from District Judges or Additional Judges

An Act to validate all things done under the Punjab Courts Act, 1914, as amended by Punjab Act 4 of 1914, to repeal the said Acts or so much of them as may be valid and to enact a law relating to Courts in the Punjab; which is free from the defect described in the preamble. Whereas it appears that the Punjab Courts Act, 1914 as assented to by the Lieutenant-Governor on the 15th January, 1914, and by the Governor-General on 27th April, 1914, and as published in the Punjab Gazette on 22nd May, 1914, included a clause, namely, clause (b) of sub-section (1) of Section 39 which had not been passed by the Legislative Council of the Lieutenant-Governor, and whereas doubts have arisen as to the validity of things done under the said Act, and the amending Act, Punjab Act IV of 1914: And whereas it is expedient to validate all things done under the said Acts, to repeal the said Acts or so much of them as may be valid, and to enact a law relating to Courts in the Punjab, which is free from the defect above described, it is hereby enacted as follows:

PART I
1. Short title and extent(1) This Act may be called the 1[1][Punjab Courts Act, 1918]. (2) It extends to the Union Territory of Delhi. 2. DefinitionsIn this Act the expression the Punjab Courts Act, 1914, means what was published as the Punjab Courts Act, 1914, in Part V of the Punjab Gazette dated 22nd May, 1914; and the expression the Punjab Act IV of 1914, means what was published as Punjab Act IV of 1914, in Part V of the Punjab Gazette dated 20th November, 1914. 3. (1) Enactment of provisions relating to courts in the Punjab(a) the provisions contained in Part II of this Act are hereby enacted, and shall be deemed to have had effect on and from the first day of August 1914. (b) The Punjab Courts Act, 1914, and Punjab Act IV of 1914, or so much of them as may be valid, are repealed on and from the first day of August, 1914. (2) Validation of acts doneAll things done under the Punjab Courts Act, 1914, as amended by Punjab Act, IV of 1914, shall be deemed to be in every way as valid as if the Punjab Courts Act, 1914, as amended by Punjab Act IV of 1914, had been of full force and effect on and from the first day of August, 1914: Provided firstly, that any appeal which may have been decided by the Chief Court in the exercise of jurisdiction purporting to be exercised under Section 39(1)(b) of the Punjab Courts Act, 1914, shall be deemed to have been validly decided, and shall not be called in question by reason of anything contained in this Act; And, secondly that any appeal which before the commencement of this Act has been presented to the Chief Court under Section 39(1)(b) of the Punjab Courts Act, 1914, and which should not have been so presented if the said sub-section had run as set out in Section 39 of Part II of this Act shall if it has not been decided be transferred by the said Court for disposal to the District Court having jurisdiction; And thirdly, that any appeal which would have laid to the Chief Court under Section 39(1)(b) of the Punjab Courts Act, 1914 but which lies to the District Court under the provisions of this Act and when if presented to the Chief Court at the commencement of this Act would be within time, shall be deemed to be presented within time if presented to the District Court within sixty days from the commencement of this Act.

1[1].

Extended in the Union Territory of Delhi vide Government of India, Home Department Notification No. 189/38 Dated 30-5-1939.

PART II CHAPTER I Preliminary

1. * * * 2. RepealThe enactments specified in the Schedule are hereby repealed to the extent mentioned in the fourth column thereof. 3. DefinitionsIn this Part, unless there is something repugnant in the subject or context (1) Small cause means a suit of the nature cognizable by a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 [IX of 1887]; (2) Land Suit means a suit relating to land as defined in Section 4(1) of the Punjab Tenancy Act, 1887 [XVI of 1887], or to any right or interest in such land; (3) Unclassed suit means a suit which is neither a small cause nor a land suit; and (4) Value used with reference to a suit means the amount or value of the subject-matter of the suit.

CHAPTER II
4 to 17. [Repealed by Section 2(1) of Punjab Act IV of 1919]

CHAPTER III The Subordinate Civil Courts

18. Classes of CourtsBesides the Courts of Small Causes established under the Provincial Small Cause Courts Act, 1887, and the Courts established under any other enactment for the time being in force, there shall be the following classes of Civil Courts, namely: (1) 2[2]The Court of the District Judge; (2) 3[3][Omitted] (3) The Court of the Subordinate Judge; 19. Civil districts(1) For the purpose of this Part the Chief Commissioner shall divide the territories under its administration into civil districts. (2) The Chief Commissioner may alter the limits or the number of these districts. 20. District JudgesThe 4[4][Central Government] shall appoint as many person as it thinks necessary to be District Judges, and shall post one such person to each district as District Judge of that district: Provided that the same person may, if the 5[5][Central Government] thinks fit, be appointed to be District Judge of two or more districts. 6[6]21. Additional District Judges(1) The State Government in consultation with the High Court, may also appoint Additional District Judge to exercise jurisdiction in one or more Courts of the District Judges. (2) Additional District Judges shall have jurisdiction to deal with and dispose of such cases only as the High Court, by general or special order, may direct them to deal with and dispose of or as the District Judge of the District may make over to them for being dealt with and disposed of: Provided that the case pending with the Additional District Judges immediately before the
2[2]. 3[3]. 4[4]. 5[5]. 6[6].

Substituted by Home Department, Government Notification No. 13/6/39 Dated 22-8-1939, for the word Provincial Government. Published in Gazette of India, dated 26 -8-1939. Omitted by Punjab Courts (Amendment) Act, 1963. Repealed by Adaptation Order, 1937. Repealed by Section 5 of Punjab Act No. 9 of 1920. Substituted vide the Punjab Courts (Amendment) Act, 1963.

extension of the Punjab Courts (Amendment) Act, 1963 to the Union Territory of Delhi, shall be deemed to be cases so directed to be dealt with or disposed of by the High Court or so made over to them by the District Judge of the District as the case may be. [Note: See Notification No. 381 dated 21.7.2003 at the end of this Act.] (3) While dealing with and disposing of the cases referred in sub-section (2) an Additional District Judge shall be deemed to be the Court of the District Judge.
COMMENTS An Additional District Judge with less than 10 years standing is fully competent to exercise the powers assigned to him by the District Judge under Section 21(2) of Punjab Courts Act, 1918 in respect of dealing with appeal under Section 9 of Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The provision of Sections 20 and 21 of Punjab Courts Act 1918 are applicable to Delhi. Once the District Judge assigns certain functions to the Additional District Judge the latter is fully competent to exercise the same functions as the District Judge. Mir Akhtar Hussain v. District & Sessions Judge, 1996(4) AD (Delhi) 618: 1996 (39) DRJ 165. (See also Tara Singh v. Additional District Judge, Ferozepur, AIR 1984 P&H 175.)

22. Subordinate Judges(1) The Chief Commissioner may after consultation with the High Court fix the number of Subordinate Judges to be appointed. (1) * * * 23. * * * 24. District Court to be principal Civil Court of original jurisdictionThe Court of the District Judges shall be deemed to be the District Court or principal Civil Court of original jurisdiction in the district. 25. Original jurisdiction of District Judge in suitsExcept as otherwise provided by any enactment for the time being in force, the court of the District Judge shall have jurisdiction 7[7][in every original civil suit the value of which does not exceed 8[8][rupees twenty lakhs.]
COMMENTS For Union Territories, by virtue of Art. 241 of the Constitution, the Parliament alone has power to constitute a High Court for all or any of the purposes of the Constitution. This power include power of defining, enlarging, altering, amending and diminishing the territorial and pecuniary power. Delhi High Court Amendment Act, 2001 passed by Legislative Assembly of Delhi to amend the Delhi High Court Act 1966 and Punjab Courts Act 1918, whereby raising the pecuniary limit of Delhi High Court from 5 lakh to 20 lakh held ultra vires of Constitution. Legislative Assembly of Delhi was not competent to pass impugned legislation. Geetika Panwar v. Govt. of NCT of Delhi, 2002 (64) DRJ 588: 2002 (99) DLT 840. Delhi High Court Bar Association & Anothers v. Govt. of NCT of Delhi, 2002 (64) DRJ 588: 2002 (99) DLT 840.

26. Pecuniary limits of jurisdiction of subordinate Judges9[9][Subject to the limit specified in Section 25 the jurisdiction] to be exercised in original civil suits as regards the value by any person appointed to be a Subordinate Judge, shall be determined by the High Court either by including him in a class or otherwise as it thinks fit. [Note: See Notification No. 382 dated 21.7.2003 at the end of this Act]. 27. Local limits of jurisdiction(1) The local limits of the jurisdiction of a Subordinate Judge shall be such as the High Court may define. (2) When the High Court posts a Subordinate Judge to district, the local limits of the district shall, in the absence of any direction to the contrary, be deemed to be the limits of his jurisdiction. 28. Special Judges and benches(1) the Chief Commissioner may after consultation with the High Court appoint any person to be as Honorary Subordinate Judge, and the High Court may confer on such Judge all or any of the powers conferable under this Act on a Subordinate Judge with respect to particular classes of suits or with respect to suits generally in any local area. (2) The Chief Commissioner may direct any uneven number of persons invested with powers of the same description and exercisable within the same local area under this section to sit together as a bench, and those powers shall, while the direction relations in force, be exercised by the bench so constituted, and not otherwise. (3) the decision of the majority of the members of a bench constituted under this section shall be deemed to be the decision of the bench.
7[7].

Substituted for the words in original civil suits without limit as regards the value by Act No. 26 of 1966, Schedule and amended by Act No. 60 of 1991 8[8]. Substituted for rupees five lakhs by Central Act No. 35 of 2003 (w.e.f. 16.7.2003). 9[9]. Substituted by Act No. 60 of 1991 for The jurisdiction.

(4) Persons on whom powers are conferred under this section and the branches constituted under this section shall be deemed, for the purposes of this Part, to be Subordinate Judges. 29. Power to invest subordinate Judge with Small Cause Court JurisdictionThe High Court may, by notification in the Official Gazette, confer, within such local limits as it thinks fit upon any Subordinate Judge, the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 [IX of 1887], for the trial of suits cognizable by such Courts, up to such value not exceeding 10[10][Two thousand rupees] as it thinks fit, and may withdraw any jurisdiction so conferred. 30. Exercise by Subordinate Judge of jurisdiction of District Court in certain proceedings(1) The High Court may by general or special order authorise any Subordinate Judge to take cognizance of, or any District Judge to transfer to a Subordinate Judge under his control, any of the proceedings next hereinafter mentioned or any class of those proceedings specified in such order. (2) The proceedings referred to in sub-section (1) are the following, namely: (a) Proceedings under the [Indian Succession Act, 1865 (X of 1865) and the Probate and Administration Act, 1881 (V of 1881) which cannot be disposed of by District Judge. (b) [Repealed by the Guardian and Wards Amendment Act, 1926, (IV of 1926), Section 7.] (3) The District Judge may withdraw any such proceedings taken cognizance of by or transferred to a Subordinate Judge and may either himself dispose of them or transfer them to a Court under his control competent to dispose of them. (4) Proceedings taken cognizance of by or transferred to a Subordinate Judge as the case may be under this section shall be disposed of by him, subject to the rules applicable to like proceedings when disposed of by the district Judge. 31. Place of sitting of Court(1) the High Court may fix the place or places at which any Court under this Part is to be held. (2) The place or places so fixed may be beyond the local limits of the jurisdiction of the Court. (3) Except as may be otherwise provided by any order under this section, a Court under this Part may be held at any place within the local limits of its jurisdiction. 32. [Repealed by A.O. (1937)] 33. Control of CourtsSubject to the general superintendence and control of the High Court, the District Judge shall have control over all the Civil Courts under this Part within the local limits of his jurisdiction. 34. Power to distribute businessNotwithstanding anything contained in the Code of Civil Procedure, every District Judge may by written order direct that any civil business cognizable by his Court and the Courts under his control shall be distributed among such Courts in such manner as he thinks fit: Provided that no direction issued under this section shall empower any Court to exercise any powers of ideal with any business beyond the limits of its jurisdiction. 35. [Repealed by A.O. 1937]
COMMENTS Effect of repealThe Act was extended to the Union Territory of Delhi vide Notification No. 189/38 dated 30-51939. Act included Rules as well framed under the Act also stood extended to Delhi. Section 35 was repealed by Govt. of India (Adoption of Indian Laws) Order 1937. Rules framed under Section 35(3) (Chapter 18-A Rule VI Punjab High Court Rules & Orders Volume I) continued to be in operation by virtue of Art. 9 of the A.O. 1937. Suraj Bhan v. Rajinder Pal Singh Lamba, 2001 (91) DLT 702.

36. Power to fine ministerial officers(1) A District Court or any Court under the control of District Court may fine, in an amount not exceeding one months salary, any ministerial office of the Court for misconduct or neglect in the performance of his duties. (2) The District Court may, on appeal or otherwise, reverse or modify any order made under subsection (1) by any Court under its control, and may of its own motion fine up to the amount of one months salary any ministerial officer of any Court under its control.

10[10].

Substituted by Punjab Courts (Amendment) Act, 1963.

37. Delegation of powers to District JudgeDistrict Court may, with the previous sanction of the High Court delegate to any subordinate Judge in the district the power conferred on a District Court by Section 53 and 54, of this Part and Section 24 of the Code of Civil Procedure (V of 1908), to be exercised by the Subordinate Judge in any specified portion of the districts, subject to the control of the District Court.

CHAPTER IV Appellate and Revisional Jurisdiction in Civil Cases

38. Appeals from District Judges or Additional Judges(1) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or order of a District Judge or 11[11][Additional District Judge] exercising original jurisdiction shall lie to the High Court. (2) An appeal shall not lie to the High Court from a decree or order of an 1[Additional District Judge] in any case in which, if the decree or order had been made by the District Judge, an appeal would not lie to that Court. 39. Appeals from Subordinate Judges(1) Save as aforesaid, as appeal from a decree or order of a Subordinate Judge shall lie: 12[12][(a) to the District Judge (i) Where the decree or order was made before the extension of the Punjab Courts (Amendment) Act, 1963 to the Union Territory of Delhi and the value of the original suit in which the decree or order was made did not exceed five thousand rupees, or (ii) Where the decree or order is made after the extension of the Punjab Courts (Amendment) Act, 1963 to the Union Territory of Delhi and the value of the original suit in which the decree or order is made does not exceed ten thousand rupees, 13[13][or] 14[14][(iii) where the decree or order is made after the commencement of the Delhi High Court (Amendment) Act, 1991 and the value of the original suit in which the decree or order is made does not exceed rupees one lakh; 15[15][or] 16[16][(iv) where the decree or order is made after the commencement of the Delhi High Court (Amendment) Act, 2003 and the value of the original suit, in which the decree or order is made does not exceed rupees three lakh; and] (b) to the High Court in any other case. 17[17][(2) subject to the provisions of sub-section 2A, an appeal to the Court or the District Judge shall be heard by the District Judge or by an Additional District Judge. (2A) An Additional District Judge shall hear only such appeals as the High Court, by general or special order may direct or as the District Judge of the District may make over to him.] (3) The High Court may by notification direct that appeals lying to the district Court from all or any of the decrees or orders passed in an original suit by any Subordinate Judge shall be preferred to such other Subordinate Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly and the Court of such other Subordinate Judge shall be deemed to be a District Court for the purpose of all appeals so preferred. 40. Power to transfer to a Subordinate Judge appeals from other Subordinate Judges(1) A District Judge may transfer any appeals pending before him from the decrees or order of Subordinate Judges to any other Subordinate Judge under his administrative control competent to dispose of them. (2) The District Judge may withdraw any appeal so transferred, and either hear and dispose of it himself or transfer it to a Court under his administrative control competent to dispose of it.
11[11]. 12[12]. 13[13]. 14[14]. 15[15]. 16[16]. 17[17].

Substituted for the words Additional Judge vide Amendment Act, 1963. Substituted by Amendment Act, 1963. Substituted for and by Act No. 60 of 1991. Sub-clause (iii) inserted by Act No. 60 of 1991. Substituted for word and by Central Act No. 35 of 2003 (w.e.f. 16.7.2003) Inserted by Central Act No. 35 of 2003 (w.e.f. 16.7.2003). Substituted by Amendment Act 1963.

(3) Appeals transferred under this section shall be disposed of subject to the rules applicable to like appeals when disposed of by the District Judge. (4) The powers conferred by this section shall be exercised subject to such general or special orders as may from time to time be issued in this behalf by the High Court. 41. Second appeals(1) An appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court on any of the following grounds, namely : (a) the decision being contrary to law or to some custom or usage having the force of law : (b) the decision having failed to determine some material issue of law or custom or usage having the force of law : (c) a substantial error or defect in the procedure provided by the Code of Civil Procedure 1908 [V of 1908], or by any other law for the time being in force which may possibly have produced error or defect in the decision of the case upon the merits; 18[18][ExplanationA question relating to the existence or validity of a custom or usage shall be deemed to be a question of law within the meaning of his section:] (2) An appeal may lie under this section from an appellate decree passed ex parte. (3) [Repealed by Section 2B of Punjab Act 6 of 1941].
COMMENTS Section 100(1), CPC even though after Amendment Act of 1976 saves local law it has to be read with Section 97(1) of the CPC Amendments Act 1976. Language of Section 97(1) clearly spells out that any local law inconsistent goes but what is not inconsistent, it could be said the local law would still continue to occupy its field. But so for the present case Section 41 of Punjab Courts Act, it is expressly in conflict with the amending law, viz Section 100 amended which would be deemed to have been repealed. Therefore, Section 41 of the Punjab Courts Act is not saved on the subject of second appeals. Requirement of framing substantial question of law as per Section 100 of CPC (as amended in 1976) cannot be excluded by provision of Section 41 of the Punjab Courts Act. Kulwant Kaur v. Gurdial Singh Mann, AIR 2001 SC 1273. Where the whole approach of the first appellate Court was based mere on suspicion and his possible bias against the second respondent than an evidence of which there was none and when there was no issue as well to support his findings. It was certainly the case where there was a substantial error or defect in the procedure as prescribed by the Code and High Court was justified in entertaining the second appeal. No doubt procedure is meant to advance justice but when law prescribes as to how jurisdiction is to be exercised and power is conferred for the purpose, it has to be exercised that way. For a second appeal to be maintainable, it has to satisfy the parameters as laid down in Section 41 of Punjab Courts Act or Section 100 of CPC as the case may be. Banarsi Das v. Birg. Maharaja Sukhjit Singh & Anothers, AIR 1998 SC 179.

42. Second appeal on no other ground(1) No second appeal shall lie except on the grounds mentioned in Section 41]. (2) No second appeal shall lie in any suit of the nature cognizable by Courts of small Causes when the amount or value of the subject matter of the original suit does not exceed five hundred rupees. 43. [Repealed by Section 2(4) of Punjab Act IV of 1919]. 44. RevisionThe High Court may call for the record of any case which has been decided by any Court subordinate to it and in which on the appeal lies thereto, and if such subordinate Court appears : (a) to have exercised a jurisdiction not vested in it by law; or (b) to have failed to exercise a jurisdiction so vested; or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity; The High Court may make such order in the case as it thinks fit. 44-A. Period of Limitation(1) The period of limitation for an appeal under Section 41 of this Part shall be ninety days from the date of the decree appealed against. (2) In computing this period and in all respect not herein specified the limitation of an appeal under the said section shall be deemed to be governed by the provisions of the Indian Limitation Act, 1908.

18[18].

Instituted by Punjab Act No. 6 of 1941 as extended to the Union Territory of Delhi, the Home Department Notification No. 72/43 Punjab dated the 16-9-1943 published in the Government of India, Part 1, dated 18-9-1943.

CHAPTER V Supplemental Provisions

45. Mode of conferring powersExcept as otherwise provided by this part, any powers that may be conferred by the High Court on any person under this part may be conferred on such person either by name or by virtue of office. 46. Continuance of powers of officersWhenever any person holding an office in the service of Government who has been invested with any powers under this Part throughout any local area is transferred or posted at any subsequent time to an equal or higher office of the same nature within a like local area, he shall unless the High Court, otherwise directs or has otherwise directed, exercise the same powers in the local area to which he is so transferred or posted. 46-A. Provisions regarding petition writerThe High Court may from time to time make rules consistent with this Act and any other enactment for the time being in force: (a) declaring what persons shall be permitted to act as petition-writers in the Courts subordinate thereto; (b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them; and (c) determining the authority by which branches of such rules shall be investigated and the penalties which may be imposed. 47. Control of list of holidays(1) Subject to such general orders as may be made by the Chief Commissioner, the High Court shall prepare a list of days to be observed in each year as holidays in the Civil Courts subordinate thereto. (2) Every such list shall be published in the Official Gazette. 47-A. Provision regarding pending proceedingsAll suits, appeals, revisions, applications, reviews, executions, and other proceedings whatsoever whether Civil or Criminal pending in the Chief Court of the Punjab shall be continued and concluded in the High Court of Judicature at Lahore as if the same had been had in such High Court; and the High Court of Judicature at Lahore shall have the same jurisdiction in relation to all such suits, appeals, revisions, reviews executions, applications and other proceedings as if the same had been commenced and continued in such High Court. 48. [Repealed by Section 2(4) of Punjab Act IV of 1919.] 49. Amendment of the Punjab Land Revenue Act, Punjab Tenancy Act and the Indian Fees Act(a) In Section 117(2) of the Punjab Land Revenue Act, 1887, in clause (c) Subordinate Judge shall be substituted for District Judge and in clause (d) and (e) District Court shall be substituted for Divisional Court. (b) In Section 99(1) of the Punjab Tenancy Act, 1887, District Judge shall be substituted for Divisional Judge. (c) In Section 7(v)(b) of the Indian Court-fees, Act, 1870, for the word five shall be substituted the word ten. 50. Amendment of definition of District Judge in Punjab General Clauses Act, 1893For the definition of District Judge in Section 2(15) of the Punjab General Clauses Act, 1898 the following shall be substituted. District Judge shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include the High Court in the exercise of its ordinary or extra-ordinary original civil jurisdiction. 51. Reference in existing enactments to Chief CourtsIn every enactment now in force, and in every appointment, order, rule, bye-law, notification or form made or issued thereunder all references or the Chief Court of the Punjab shall be construed when necessary as referring to the High Court of Judicature at Lahore 19[19][until, the fifteenth day of August, 1947], 20[20]from that date before the
19[19]. 20[20].

Substituted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948 (G.G.O. 40) Substituted for the words and thereafter, as referring to the High Court of East Punjab [vide Indian Independence (Adaptation of Bengal and Punjab Acts) Order 1948] by the Adaptation of Laws (Third Amendment) Order, 1951.

commencement of the Constitution as referring to the High Court of Punjab]. Notification dated 21.7.2003 under powers conferred by Section 25 read with Section 21(2) of the Punjab Courts Act, 1918

HIGH COURT OF DELHI AT NEW DELHI

No. 381/Gaz./F. Judl. 1(a) Powers 21st July, 2003 Notifications:

POWERS In partial modification of this Courts Notification No. 321/Gaz./ F. Judl. 1(a) Powers dated the 19th March, 2002, Honble the Chief Justice and Honble Judges of the High Court of Delhi, in exercise of the powers conferred by Section 25 read with Section 21(2) of the Punjab Courts Act, 1918 as amended, have been pleased to order that with effect from 16th July, 2003, suits/cases of which the jurisdictional value exceeds Rs. 3,00,000/- but does not exceed Rs. 20,00,000/- shall be presented to the District Judge, Delhi, who may either himself dispose them of or transfer them to the Court of an Additional District Judge for disposal according to law. Their Lordships are further pleased to order that out of the suits/cases pending before the District/Additional District Judges immediately before 16th July, 2003, the suits/cases of which the jurisdictional value exceeds Rs. 3,00,000/- shall be tried and disposed of by them according to law; and the other suits/cases, the jurisdictional value of which is below Rs. 3,00,000/- shall stand transferred to the Subordinate Courts for trial according to law.
By Order, Sd/Registrar General

Notification dated 21.7.2003 under powers conferred by Section 26 of the Punjab Courts Act, 1918 HIGH COURT OF DELHI AT NEW DELHI
No. 382/Gaz./F. Judl. 1(a) Powers 21st July, 2003 Notifications:

POWERS In supersession of Notification No. 322/Gaz./F. Judl. 1(a) Powers dated the 19th March, 2002, Honble the Chief Justice and Honble Judges of the High Court of Delhi are, in exercise of the powers conferred by Section 26 of the Punjab Courts Act, 1918, as amended by Act No. 9 of 1922, pleased to order that with effect from 16th July, 2003, all the Civil Judges shall try Original Civil Suits the jurisdictional value of which does not exceed Rs. 3,00,000/-.
By Order, Sd/Registrar General

Appendix C
1[1]The

High Courts (Punjab) Order, 1947

In exercise of the powers conferred by Section 9 of the Indian Independence Act, 1947, and of all other powers enabling him in that behalf, the Governor-General is pleased to make the following Order: 1. This Order may be cited as the High Courts (Punjab) Order, 1947. 2. (1) The Interpretation Act, 1889, applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. (2) References herein to an order made by any Court or Judge shall be construed as including references to any sentence, judgment or decree passed or made by that Court or Judge. 3. As from the 15th day of August, 1947 (hereinafter referred to as the appointed day), there shall be a High Court of Judicature for the Province of East Punjab; and the said Court is hereinafter referred to as the High Court of East Punjab. 4. (1) Between the coming into force of this Order and the appointed day, His Majesty may appoint a Chief Justice of the said Court and may appoint such other Judges of the said Court as he thinks fit, and any appointments so made shall take effect as from the appointed day : Provided that no person shall be qualified to be appointed a Judge under this paragraph unless, under the law in force at the time of the making of this Order, he would have been qualified to be appointed a Judge of the High Court at Lahore, and no person shall be qualified to be appointed Chief Justice under this paragraph unless, under the said law, he would have been qualified to be appointed Chief Justice of the High Court at Lahore. (2) If any Judge of the High Court at Lahore, having elected to be a Judge of the High Court of East Punjab, is appointed to be a Judge of that Court in accordance with the preceding provisions of this Order, then, as from the appointed day, the Judge so appointed shall cease to be a Judge of the High Court at Lahore. 5. The High Court of East Punjab shall be a Court of record, and shall have, in respect of the territories for the time being included in the Province of East Punjab and in the Province of Delhi, all such original appellate and other jurisdiction as, under the law in force immediately before the appointed day, is exercisable in respect of the said territories by the High Court at Lahore. 6. (1) The High Court of East Punjab shall have the like powers to approve, admit, enrol, remove and suspend advocates, vakils and attorneys, and to make rules with respect to advocates, vakils and attorneys, as are, under the law in force immediately before the appointed day, exercisable by the High Court at Lahore. (2) The right of audience in the High Court of East Punjab shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the High Court at Lahore : Provided that, subject to any rule made or direction given by the High Court of East Punjab in the exercise of the powers conferred by this Article, any person who, immediately before the appointed day, is an advocate, vakil or attorney entitled to practise in the High Court at Lahore, shall be recognised as an advocate, vakil or attorney entitled to practise in the High Court of East Punjab. 7. Subject to the provisions of this Order, the law in force immediately before the appointed day with respect to practise and procedure in the High Court at Lahore shall, with the necessary
1[1].

Published by the Governor General vide Notification No. G.G.O. 5, dated 11-8-1947.

modifications, apply in relation to the High Court of East Punjab, and accordingly that High Court shall have all such powers to make rules and orders with respect to practise and procedure as are immediately before the appointed day exercisable by the High Court at Lahore : Provided that any rules or orders which are in force immediately before the appointed day with respect to practise and procedure in the High Court at Lahore shall, until varied or revoked by rules or orders made by the High Court of East Punjab, apply with any necessary modifications in relation to practise and procedure in the High Court of East Punjab as if made by that Court. 8. (1) The High Court of East Punjab shall have a Seal consisting of the Royal Arms with an exergue or label surrounding the same with the inscription The Seal of the High Court of Judicature in East Punjab. (2) The law in force immediately before the appointed day with respect to the custody of the Seal of the High Court at Lahore shall, with the necessary modifications, apply with respect to the custody of the seal of the High Court of East Punjab. 9. The law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the High Court at Lahore shall, with any necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the High Court of East Punjab. 10. The law in force immediately before the appointed day relating to the powers of the Chief Justice and of single Judges and Divisional Courts of the High Court at Lahore, and with respect to all matters ancillary to the exercise of those powers, shall, with the necessary modifications, apply in relation to the High Court of East Punjab. 11. The High Court of East Punjab and the Judges and Divisional Courts thereof shall sit at such places in the Provinces of East Punjab and Delhi as the Chief Justice of the said Court may, with the approval of the Governor of East Punjab, appoint. 12. Subject to any relevant provisions contained in Part IX of the Government of India Act, 1935, as it applies in India after the appointed day, the law in force immediately before the appointed day relating to appeals to His Majesty in Council from the High Court at Lahore and the Judges and divisions thereof shall, with necessary modifications, apply in relation to appeals to His Majesty in Council from the High Court of East Punjab and the Judges and divisions thereof. 13. (1) Subject as, hereinafter provided, the High Court at Lahore shall have no jurisdiction in respect of the territories for the time being included in the Province of East Punjab or in the Province of Delhi. (2) Notwithstanding anything contained in this Order (a) any proceedings which, immediately before the appointed day, are pending in the High Court at Lahore on its original side, including any proceedings then pending in the said High Court as a Court of reference, shall be heard and determined by that Court; (b) the High Court at Lahore shall have the like jurisdiction to hear and determine any appeal from an order of a Judge of the said Court on its original side as if this Order had not been made, and the High Court of the East Punjab shall have jurisdiction to hear or determine any such appeal; and (c) the High Court of Lahore shall have the like jurisdiction to review any order made by any Judge of the said High Court as it would have had if this Order had not been made, and the High Court of East Punjab shall have no jurisdiction to review any such order. (3) Subject to the preceding provisions of this Article, all proceedings pending on the appellate side of the High Court at Lahore immediately before the appointed day, shall, where the Court of origin is, as from that day, situated in the Province of East Punjab or in the Province of Delhi, stand transferred by virtue of this Order to the High Court of East Punjab. (4) Subject to the following provisions of this Article with respect to appeals, any order made by the High Court at Lahore either (a) before the appointed day; or (b) in any proceedings with respect to which the said High Court retains jurisdiction by virtue of paragraphs (2) and (3) of this Article; shall for all purposes have effect not only as an order of the High Court at Lahore but also as an

order made by the High Court of East Punjab. (5) Subject to the following provisions of this Article with respect to appeals, any order made by the High Court of East Punjab in proceedings transferred to that High Court by virtue of this Article shall for all purposes have effect not only as an order of that Court but also as an order made by the High Court at Lahore. (6) Where any such order as is mentioned in paragraphs (4) and (5) of this Article has, whether before or after the appointed day, been confirmed, varied or reversed on appeal, effect shall be given to the decision of the appellate Court as if the order appealed from were an order not only of the High Court by which it was made, but also of the High Court at Lahore or the High Court of East Punjab, as the case may be. (7) Any reference in this Article to a High Court shall be construed as including a reference to a Judge or division thereof; and for the purposes of this Article proceedings shall be deemed to be pending in a particular Court until that Court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings. 14. Nothing in this Order shall prejudice the application to the High Court of East Punjab of any relevant provisions of Part IX of the Government of India Act, 1935, as it applies in relation, to India, and the provisions of this Order shall have effect subject to any provision made on or after the appointed day with respect to the High Court at Lahore or the High Court of East Punjab by any legislature or other authority having power to make such provision. MOUNTBATTEN OF BURMA,
Governor-General

Appendix D

The High Court Judges 1[Salaries and Conditions of Service] Act, 1954
The High Cou rt Judge s [Salarie s and C onditions of Service] Act, 195 4

(Act No. 28 of 1954) CONTENTS

1. 2.

CHAPTER 1 Preliminary Short title. Definitions. CHAPTER II Leave

18.

Conversion of sterling pension into rupees. 19. Communication of pensions. 20. Provident Fund. 20A. Deposit Linked Insurance Scheme. 21. Authority competent to grant pension. CHAPTER IV Miscellaneous 22. 22A. 22B. 22C. 22D. Travelling allowances to a Judge. Facility of rent free houses. Conveyance facilities. Sumptuary allowance. Exemption from liability to pay income-tax on certain perquisites received by a Judge. 23. Facilities for medical treatment and other conditions of service. 23-A. Vacation of High Courts. 23-B. Special provisions in respect of continuing Judges. 23-C. Special provisions in respect of Judges transferred from the High Court of Jammu and Kashmir. 23-D. Medical facilities for retired Judges. 24. Power to make rules. 25. Savings.

3. 4. 5. 5A. 6. 7. 8. 9. 10. 11. 12. 13.

Kinds of leave admissible to a Judge. Leave account showing the amount of leave due. Aggregate amount of leave which may be granted. Commutation of leave on half of allowances into leave on full allowances. Grant of leave not due. Special disability leave. Extraordinary leave. Leave allowances. Allowances for joining time. Combining leave with vacation. Consequences of overstaying leave or vacation. Authority competent to grant leave, etc. CHAPTER III Pensions

14. 15.

Pension payable to Judges. Special provision for pension in SCHEDULES respect of Judges who are members The First Schedule-Pensions of Judges of service. The Second Schedule-Injury Gratuities 16. Power of President to add to the Pensions. service for pension. 17. Extraordinary pensions. 17-A. Family Pensions and Gratuities. _______________
1[1]. Substituted for (Conditions of Service) by Act No. 18 of 1998 (w.e.f. 1 -1-1996).

**]

An Act to regulate 1[1][Salaries and certain conditions of service) of the Judges of High Court 2[2][ Be it enacted by Parliament in the Fifth Year of the Republic of India as follows:

CHAPTER I PRELIMINARY
1. Short title.This Act may be called The High Court Judges 3[3](Salaries and Conditions of Service) Act, 1954. 2. Definition.(1) In this Act, unless the context otherwise requires, (a) acting Chief Justice means a Judges appointed under article 223 of the Constitution to perform the duties of the Chief Justice. (b) acting Judge means a person 4[4][* * *] appointed to act as a Judge under sub-section (2) of section 222 of the Government of India Act, 1935 5[5](or under clause (2) of article 224 of the Constitution); (c) actual service includes (i) time spent by a Judge on duty as a Judge or in the performance of such other function as he may, at the request of the President of India, undertake to discharge; (ii) vacations, excluding any time during which the Judge is absent on leave; (iii) joining time on transfer from a High Court to the Supreme Court or from one High Court to another or from the Supreme Court to a High Court; (iv) time spent by a Judge on duty as a Judge of a former Indian High Court; (v) time spent by a Judge to attend the sittings of the Supreme Court as an ad hoc Judge under article 127 of the Constitution; and (vi) vacation (excluding any time during which the Judge was absent on leave taken by a Judge as a Judge of a former Indian High Court; (d) additional Judge means a person 6[6][* * *] appointed as an additional Judge under subsection (3) of section 222 of the Government of India Act, 1935 7[7][or under clause (1) of article 224 of the Constitution]; (e) former Indian High Court means the High Court at Rangoon, the High Court at Lahore, the Chief Court of Sind or the Judicial Commissioners Court of North-West Frontier Province; (f) High Court means a High Court 8[8][for a State] and includes a High Court which was exercising jurisdiction 9[9][in a Part A State or] in the corresponding Province before the commencement of the Constitution; (g) Judge means a Judge of a High Court and includes the Chief Justice 10[10][an acting Chief Justice, an additional Judge and an acting Judge of the High Court]; 11[11][(gg) pension means a pension of any kind whatsoever payable to or in respect of a Judge, and includes any gratuity or other sum or sums so payable by way of death or retirement benefits.] (h) service for pension includes
1[1]. Substituted for (Conditions of Service) by Act No. 18 of 1998 (w.e.f. 1 -1-1996). 2[2]. Words in Part A States omitted by ALO 1956. 3[3]. Substituted for certain conditions of service by Act No. 18 of 1988 (w.e.f. 1 -1-1996). 4[4]. Words who was omitted by ALO 1956. 5[5]. Inserted by ALO 1956. 6[6]. Words who was omitted by ALO 1956. 7[7]. Inserted by ALO 1956. 8[8]. Substituted for in any Part A State by ALO 1956. 9[9]. Inserted by ALO 1956. 10[10]. Substituted for and acting Chief Justice of a High Court by Act No. 46 of 1958 (w.e.f. 1 -11.1956). 11[11]. Inserted by Act No. 50 of 1961.

(i) actual service; 12[12](ii) the amount actually taken of each period of a leave on full allowances at a rate equal to the monthly rate of salary;] (iii) joining time on return from leave out of India; (i) prescribed means prescribed by rules made under this Act. (2) In the calculation of service for the purposes of this Act, previous service for any period or period as acting Judge or additional Judge or as a Judge of a former Indian High Court shall be reckoned as service as a Judge but, save as otherwise expressly provided, previous service as an acting Chief Justice shall not be reckoned as service as Chief Justice. (3) Any period of leave taken by a Judge before the commencement of this Act under the rules then applicable to him as an acting Judge, additional Judge or a Judge shall, for the purposes of this Act, be treated as if it were leave taken by him under this Act. (4) Any period of leave taken by a Judge while serving as a Judge of a former Indian High Court before his appointment to a High Court shall, for the purposes of this Act, be treated as if it were leave taken by him under this Act.

CHAPTER II LEAVE
3. Kinds of leave admissible to a Judge.(1) Subject to the provisions of this Act leave granted to a Judge may be at his option either 13[13][(a) leave on full allowances (including commuted leave on half allowances into leave on full allowances on medical certificate;] or (b) leave on half allowances; or (c) leave partly on full allowances and partly on half allowances. (2) For the purposes of this Chapter, any period of leave on full allowances shall be reckoned as double that period of leave on half allowances. 4. Leave account showing the amount of leave due.(1) A leave account shall be kept for each Judge showing therein the amount of leave due to him in terms of leave on half allowances. (2) In the leave account of a Judge (a) there shall be credited to him (i) one-fourth of the time spent by him on actual service; 14[14][* * *] (ii) where the Judge, by reason of his having been detained for the performance of duties not connected with the High Court, cannot enjoy any vacation which he would otherwise have been entitled to enjoy had he not been so detained, as compensation for the vacation not enjoyed, a period equal to double the period by which the vacation enjoyed by him in any year falls short of one month; and 15[15][(iii) where the Judge had, prior to his appointment as such, held any pensionable post under the Union or a State, the period of leave earned by him in the said post 16[16](* * *) and,] 17[17][4A. Leave EncashmentsA Judge shall be entitled in his entire service including the period of service rendered in a pensionable post under the Union or State or on re-employment, if any, to claim the cash equivalent of leave salary on his retirement in respect of the period of earned leave at his credit, to the extent of the maximum period prescribed for encashment of such leave under the All India Service (Leave) Rules, 1955.]
12[12]. 13[13]. 14[14]. 15[15]. 16[16].

Inserted by Act No. 57 of 1980 (w.e.f. 10-12-1980). Substituted by Act No. 78 of 1971 (w.e.f. 15-1-1972). Word and omitted by Act No. 38 of 1986 (w.e.f. 1-11-1986). Inserted by Act No. 38 of 1986 (w.e.f. 1-11-1986). Words so however, that such period shall not exceed two hundred and forty days, in terms of leave on full allowances omitted by Act No. 7 of 1999 (w.e.f. 8 -1-1999). 17[17]. Section 4A inserted by Act No. 7 of 1999 (w.e.f. 8-1-1999).

5. Aggregate amount of leave which may be granted(1) The aggregate amount of leave which may be granted to a Judge during the whole period of his service as such shall not exceed in terms of leave on half allowances three years together with the aggregate of the periods, if any, credited to his leave account under sub-section (2)(a)(ii) of section 4 as compensation for vacation not enjoyed. (2) The aggregate amount of leave on full allowances which may be granted to a Judge during the whole period of his service as such shall not exceed one-twenty-fourth of the period sent by him on actual service together with one-half of the aggregate periods, if any, credited to his leave account under sub-section (2)(a)(ii) of section 4 as compensation for vacation not enjoyed. (3) 18[18][Subject to the provisions of sub-section (2) of section 5A, the maximum period of leave which may be granted] at one time shall be, in the case of leave on full allowances, five months and in the case of leave with allowances of any kind, sixteen months. 19[19][5A. Commutation of leave on half allowances into leave on full allowances.(1) Notwithstanding anything contained in sub-section (2) of section 5, a Judge may be permitted to commute leave on half allowances into leave on full allowances on medical certificate up to a maximum of three months during the whole period of his service as a Judge. (2) In computing the maximum period of leave on full allowances which may be granted at one time to a Judge under sub-section (3) of section 5, the amount of commuted leave permitted to him under this section shall not be taken into account.] 6. Grant of leave not due.Subject to the maximum limit specified in sub-section (1) of section 5, leave on half allowances may be granted to a Judge in excess of the amount at his credit (i) on medical certificate; or (ii) otherwise than on medical certificate, for not more than six months 20[20][or for two or more periods, not exceeding in the aggregate, six months] during the whole period of his service as a Judge; Provided that no such leave shall be granted if the Judge is not expected to return to duty at the end of such leave and earn the leave granted. 7. Special disability leave.The rules for the time being in force with respect to the grant of special disability leave in relation to an officer of the Central Civil Service, Class I, who has entered service on or after the 16th July, 1931 and who may be disabled by injury caused in, or in consequence of, the due performance of his official duties or in consequences of his official position, shall apply in relation to a Judge. 8. Extraordinary leave21[21][Extraordinary leave may be granted to a Judge for a period not exceeding six months, or for two or more periods, not exceeding in the aggregate six months] during the whole period of his service as a Judge in excess of any leave permissible under the foregoing provisions of this Chapter, but no salary or allowances shall be payable during, or in respect of, such leave. 9. Leave allowances.(1) The monthly rate of leave allowances payable to a Judge while on leave on full allowances shall be 22[22][for the first forty-five days of such leave] a rate equal to the monthly rate of his salary, 23[23][and thereafter, in the case of the Chief Justice, fifty-five per cent of the monthly rate of his salary and in the case of each of the other Judges, sixty per cent of the monthly rate of his salary.] 24[24][Provided that where leave on full allowances is granted to a Judge on medical certificate, the monthly rate of leave allowances shall, for the first one hundred and twenty days of such leave, be
18[18]. 19[19]. 20[20]. 21[21].

Certain words substituted by Act No. 78 of 1971 (w.e.f. 15-1-1972) Inserted by Act No. 78 of 1971 (w.e.f. 15-1-1972).

Substituted for words and not morre than once by Act No. 46 of 1958. Substituted for extraordinary leave not exceeding six months in duration may be granted to a Judge not more than once by Act No. 46 of 1958 (w.e.f. 1956). 22[22]. Substituted for for the first month of such leave by Act No. 78 of 1971 (w.e.f. 15 -1-1972). 23[23]. Substituted for and thereafter two thousand two hundred and twenty rupees by Act No. 32 of 1989 (w.e.f. 1-4-1986). 24[24]. Added by Act No. 57 of 1980 (w.e.f. 10-12-1980).

a rate equal to the monthly rate of his salary.] (2) The monthly rate of leave allowances payable to a Judge while on leave on half allowances shall be 25[25][in the case of the Chief Justice, twenty seven and half per cent, of the monthly rate of his salary and in the case of each of other judges, thirty per cent, of the monthly rate of his salary]. 10. Allowances for joining time.There shall be payable to a Judge in respect of joining time on his return from leave out of India an allowance at the rate of one thousand one hundred and ten rupees a month in lieu of salary. 11. Combining leave with vacation.A Judge may be permitted to combine vacation on full salary with leave, if (a) where the vacation consists of one continuous period, the leave is taken either at the commencement or at the end of the vacation but not at both; (b) where the vacation is divided into two separate periods, the leave is taken for the interval, or part of the interval, between the two periods of that vacation, or for the interval, or part of the interval, between the second period of that vacation and the commencement of the next ensuing vacation: Provided that no such permission to combine vacation with leave shall be granted if it becomes necessary to appoint an acting Chief Justice during the period of vacation or if the Judge is not expected to return to duty at the end of such leave. 12. Consequences of overstaying leave or vacation.If a Judge overstays his leave or any vacation, whether combined with leave or not, he shall receive no salary for the period of his absence in excess of leave granted to him or beyond the end of the vacation, as the case may be: Provided that if such absence is due to circumstances beyond his control, the period thereof may be treated as leave and may be debited to his leave account. 13. Authority competent to grant leave, etc.The authority competent to grant or refuse leave to a Judge or revoke or curtail leave granted to a Judge shall be the Governor of the State in which the principal seat of the High Court is situate, after consultation with the Chief Justice of that High Court.
26[26][SALARIES 27[27][13A.

CHAPTER III AND PENSIONS]

Salaries of the Judges.(1) There shall be paid to the Chief Justice of a High Court, by way of salary, thirty thousand per mensem. (2) There shall be paid to a Judge of a High Court, by way of salary, twenty six thousand rupees per mensem] 14. Pension payable to Judges.Subject to the provisions of this Act, every Judge shall, on his retirement, be paid a pension in accordance with the scale and provision in Part I of the First Schedule: Provided that no such pension shall be payable to a Judge unless (a) he has completed not less than twelve years of service for pension; or (b) he has attained the age of 28[28][sixty-two years;] or (c) his retirement is medically certified to be necessitated by ill-health; 29[29][Provided further that if a Judge at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service in the Union or a State, the pension payable under this Act shall be in lieu of, and not in addition to, that pension.] Explanation.In this section, Judge means a Judge who is not a member of the Indian Civil Service or has not held any other 30[30][pensionable post] under the Union or a State and includes a
25[25].

Substituted for the words one thousand one hundred and ten rupees by Act No. 32 of 1989 (w.e.f. 1 -41986). 26[26]. Substituted for the word PENSIONS by Act No. 18 of 1998 (w.e.f. 1 -1-1996). 27[27]. Inserted by Act No. 18 of 1998 (w.e.f. 1-1-1996). 28[28]. Substituted for sixty years by Act No. 27 of 1964 (w.e.f. 5 -10-1963). 29[29]. Inserted by Act No. 46 of 1958 (w.e.f. 1-11-1956). 30[30]. Substituted for Pensionable Civil Post by Act No. 57 of 1980.

Judge who being a member of the Indian Civil Service or having held any other [pensionable post] under the Union or a State has elected to receive the pension payable under Part I of the First Schedule. 15. Special provision for pension in respect of Judges who are members of service.31[31][(1) Every Judge (a) who is a member of the Indian Civil Service shall, on his retirement, be paid pension in accordance with the scale and provisions in Part II of the First Schedule; (b) who is not a member of the Indian Civil Service but has held any other 32[32][pensionable post] under the Union or a State, shall on his retirement, be paid a pension in accordance with the scale and provisions in Part III of the First Schedule: Provided that every such Judge shall elect to receive the pension payable to him either under Part I of the First Schedule or, as the case may be, Part II or Part III of the First Schedule, and the pension payable to him shall be calculated accordingly. (2) Notwithstanding anything contained in sub-section (1), any Judge to whom that sub-section applies and who is in service on or after the Ist day of October, 1974, may, if he has elected under the proviso to that sub-section to receive the pension payable to him under Part II or, as the case may be, Part III of the First Schedule before the date on which the High Court Judges (Conditions of Service) Amendment Act, 1976, receives the assent of the President cancel such election and elect afresh to receive the pension payable to him under Part I, of the First Schedule and any such Judge who dies before the date of such assent shall be deemed to have elected afresh to be governed by the provisions of the said Part I if the provisions of that Part are more favourable in his case.] 16. Power of President to add to the service for pension.The President of India may for special reasons direct that any period not exceeding three months shall be added to the service for pension of a Judge: Provided that the period so added shall be disregarded in calculating any additional pension under Part I or Part II or Part III of the First Schedule. 17. Extraordinary pensions.The rules for the time being in force with respect to the grant of extraordinary pensions and gratuities in relation to an officer of the Central Civil Services, Class I, who has entered service on or after the 1st April, 1937, and who may suffer injury or die as a result of violence, shall apply in relation to a Judge, subject, however, to the modification that references in those rules to tables of injury, gratuities and pensions, and of family gratuities and pensions, shall be construed as references to the tables in the Second Schedule. 33[33][17A. Family pensions and gratuities.34[34][(1) Where a Judge who, being in service on or after the commencement of the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1986, dies, whether before or after retirement in circumstances to which section 17 does not apply, family pension calculated at the rate of 35[35][fifty per cent of his salary] on the date of his death shall be payable to the person or persons entitled thereto and the amount so payable shall be paid from the day following the date of death of the Judge for a period of seven years or for a period up to the date on which the Judge would have attained the age of sixty-five years, had he survived, whichever is earlier 36[36][and thereafter at the rate of thirty per cent of his salary] subject to a minimum of 37[37][twelve hundred and seventy five rupees] per month. 38[38][Provided that in no case the amount of family pension calculated under this sub-section shall exceed the pension payable to the Judge under this Act.]
31[31].

Section 15 renumbered as sub-sec.(1) thereof and sub-sec. (2) inserted by Act No. 35 of 1976 (w.e.f. 1-101974). 32[32]. Substituted for pensionable Civil Post by Act No. 57 of 1980. 33[33]. Inserted by Act No. 50 of 1961. 34[34]. Substituted by Act No. 38 of 1986 (w.e.f. 1-11-1986). 35[35]. For the words fifty per cent words sixty per cent were substituted by Act No. 7 of 1999. Now substituted again for the words sixty per cent of pension admissible to him by Act No. 7 of 2003 (w.e.f. 1 -11996). 36[36]. Substituted for the words and thereafter at the rate of half of the family pension so admissible by Act No. 7 of 2003 (w.e.f. 1-1-1996). 37[37]. Substituted for three hundred and seventy five rupees by Act No. 7 of 1999 (w.e.f. 1 -1-1996). 38[38]. Proviso added by Act No. 7 of 2003 (w.e.f. 1-1-1996).

Explanation.For the purposes of determining the person or persons entitled to family pension under this sub-section, (i) in relation to a Judge who elects or is eligible to receive pension under Part I of the First Schedule, the rules, notifications and orders for the time being in force with regard to the person or persons entitled to family pension in relation to an officer of the Central Civil Services, Group A, shall apply; (ii) in relation to a Judge who elects to receive pension under Part II or Part III of the First Schedule, the ordinary rules of his service if he had not been appointed a Judge with respect to the person or persons entitled to family pension shall apply and his service as a Judge being treated as service therein. (2) Where any Judge, who has elected to receive the pension payable to him under Part II or Part III of the First Schedule, retires, or dies in circumstances to which section 17 does not apply, gratuity if any, shall be payable to the person or persons entitled thereto under the ordinary rules or his service if he had not been appointed a Judge, his service as a Judge being treated as service therein for the purpose of calculating that gratuity.] (3) The rules, notifications and orders for the time being in force with respect to the grant of death-cum-retirement gratuity benefit to or in relation to an officer of the Central Civil Services Class I (including the provisions relating to deductions from pension for the purpose) shall apply to or in relation to the grant or death-cum-retirement gratuity benefit to or in relation to a Judge who, being in service on or after the 1st day of October 1974, retires, or dies in circumstances to which section 17 does not apply, subject to the modifications that (i) the minimum qualifying service for the purpose of entitlement to the gratuity shall be two years and six months; (ii) the amount of gratuity shall be calculated on the basis of 39[39][ten days] salary for 40[40][each completed six months period] of service as a Judge41[41] [* * *]. 42[42][(iii) * * *] Explanation.In 43[43][sub-section (3)], the expression Judge has the same meanings as in section 14]. 18. Conversion of sterling pension into rupees.Pension expressed in sterling only shall, if paid in India, be converted into rupees at such rate of exchange as the Central Government may, from time to time, specify in this behalf: 44[44][* * *] 19. Commutation of pensions.The Civil Pensions (Commutation) Rules for the time being in force shall, with necessary modifications, apply to Judges. 20. Provident Fund.Every Judge shall be entitled to subscribe to the General Provident Fund (Central Services): Provided that a Judge who is a member of the Indian Civil Service or has held any other pensionable civil post under the Union or a State shall continue to subscribe to the Provident Fund to which he was subscribing before his appointment as a Judge: Provided further that a Judge who was appointed before the commencement of this Act may continue to subscribe to the Provident Fund to which he was subscribing immediately before such commence-ment. 45[45][20A. Deposit Linked Insurance Scheme.The Deposit Linked Insurance Scheme for the time being in force under the General Provident Fund (Central Services) Rules, 1960, shall apply to every Judge whether he subscribed to the General Provident Fund (Central Services or any other
39[39]. 40[40]. 41[41]. 42[42]. 43[43]. 44[44]. 45[45].

Substituted for twenty days by Act No. 7 of 1999 (w.e.f. 1 -1-1996). Substituted for each completed year by Act No. 7 of 1999 (w.e.f. 1 -1-1996). Word and omitted by Act No. 20 of 1988 (w.e.f. 1 -11-1986). Omitted by Act No. 20 of 1988 (w.e.f. 1-1-1986). Substituted for sub-sections (2) and (3) by Act No. 38 of 1986 (w.e.f. 1 -11-1986). Proviso to Sec. 18 omitted by Act No. 46 of 1958 (w.e.f. 1-11-1956) Section 20A inserted by Act No. 38 of 1986 (w.e.f. 5-9-1977).

Provident Fund referred to in section 20.] 21. Authority Competent to grant pension.Save as may be otherwise expressly provided in the relevant rules relating to the grant of extraordinary pensions and gratuities, the authority competent to grant pension to a Judge under the provisions of this Act shall be the President of India.

CHAPTER IV MISCELLANEOUS
22. Travelling allowances to a Judge.Every Judge shall receive such reasonable allowances to reimburse him for expenses incurred in traveling on duty within the territory of India and shall be afforded such reasonable facilities in connection with travelling as may, from time to time, be prescribed. 46[46][22A. Facility of rent free houses.(1) Every Judge shall be entitled without payment of rent to the use of an official residence in accordance with such rules as may, from time to time, be made in this behalf. (2) Where a Judged does not avail himself of the use of an official residence, he may be paid every month an allowance of 47[47][Ten thousand rupees]. 48[48][22B. Conveyance facilities.Every Judge shall be entitled to a staff car and one hundred and fifty litres of petrol every month or the actual consumption of petrol per month, whichever is less. 22C. Sumptuary allowance.The Chief Justice and each of the other Judges of every High Court shall be entitled to a sumptuary allowance of five hundred rupees per month and three hundred rupees per month, respectively.] 49[49][22D. Exemption from liability to pay income-tax on certain perquisites received by a Judge.Notwithstanding anything contained in the Income-tax Act, 1961, (a) the value of rent-free official residence provided to a Judge under sub-section (1) section 22A or the allowance paid to him under sub-section (2) of that section; (b) the value of the conveyance facilities provided to a Judge under section 22B; (c) the sumptuary allowance provided to a Judge under section 22C; 50[50][(d) the value of leave concession provided to a Judge and members of his family,] shall not be included in the computation of his income chargeable under the head Salaries under section 15 of the Income-tax Act, 1961.] 23. Facilities for medical treatment and other conditions of service.(1) Every Judge and the members of his family shall be entitled to such facilities for medical treatment and for accommodation in hospitals as may, from time to time, be prescribed. (2) The conditions of service of a Judge for which no express provision has been made in this Act shall be such as may be determined by rules made under this Act. (3) This section shall be deemed to have come into force on the 26th January, 1950 and any rule made under this section may be made so as to be retrospective to any date not earlier than the commencement of this section. 51[51][23A. Vacation of High Courts.(1) Every High Court shall have a vacation or vacations for such period or periods as may, from time to time, be fixed by the President, by order notified in this behalf in the Official Gazette, and every such order shall have effect, notwithstanding anything contained in any other law, rule or order regulating the vacation of the High Court. (2) Every order made under sub-section (1) shall be laid before each House of Parliament.] 2cial provisions in respect of continuing Judges.(1) In the calculation of the service for pension of a continuing Judge for the purposes of this Act, his previous service for pension as a Chief Justice or as a Judge of a
46[46]. 47[47]. 48[48]. 49[49]. 50[50]. 51[51].

Sections 22A inserted by Act No. 35 of 1976 (w.e.f. 1-10-1974). Substituted for the words two thousand five hundred rupees by Act No. 7 of 1999 (w.e.f. 8 -1-1999). Section 22B and 22C substituted by Act No. 38 of 1986 (w.e.f. 1-11-1986). Substituted by Act No. 20 of 1988 (w.e.f. 1-11-1986). Inserted by Act No. 2 of 1994 (w.e.f. 1-4-1986). Inserted by Act No. 46 of 1958 (w.e.f. 1-11-1956)

former High Court in a Part B State, under the provisions of the High Court Judges (Part B States) Order, 1953, or any other order or rule then applicable to him, shall be reckoned as service for pension as a Chief Justice or as the case may be, as a Judge under this Act.
(2) In the calculation of the amount of leave at the credit of a continuing Judges for the purposes of this Act, the amount of leave due to him

1953, or any other order or rule then applicable to him, shall be added to the amount of leave at his credit under this Act. (3) In this section, continuing Judge means a Judge of a former High Court in a Part B State who on the 1st day of November, 1956, or on any date subsequent thereto has become or been appointed as a Judge of a High Court for a State.] 52[52][23C. Special provisions in respect of Judges transferred from the High Court of Jammu and Kashmir.(1) In the calculation of service for pension of a Judge of the High Court of Jammu and Kashmir transferred to any other High Court, his service for pension as a Judge of the High Court of Jammu and Kashmir shall also be reckoned as service for pension under this Act. (2) In the calculation of the amount of leave at the credit of a Judge of the High Court of Jammu and Kashmir transferred to any other High Court, the amount of leave due to him as a Judge of the High Court of Jammu and Kashmir shall be added to the amount of leave at his credit under this Act.] 53[53][23D. Medical facilities for retired Judges.(1) Every retired Judge shall, with effect from the date on which the High Court Judges (Conditions of Service) Amendment Act, 1976 receives the assent of the President, be entitled, for himself and his family, to the same facilities as respects medical treatment and on the same conditions as a retired officer of the Central Civil Services, Class I, and his family, are entitled under any rules and orders of the Central Government for the time being in force. (2) Notwithstanding anything contained in sub-section (1) but subject to such conditions and restrictions as the Central Government may impose, a retired Judge of the High Court for a State may avail, for himself and his family, any facilities for medical treatment which the Government of that State may extend to him.] 24. Power to make rules.(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) leave of absence of a Judge; (b) pension payable to a Judge; (c) travelling allowances to a Judge; 2[(ca) use of official residence by a Judge under sub-section (1) of section 22A;] (d) facilities for medical treatment and other conditions of service of a Judge; (e) any other manner which has to be, or may be, prescribed. 54[54][(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 25. Savings.55[55][(1) Nothing contained in this Act shall have effect so as to give to a Judge who is serving as such at the commencement of this Act less favourable terms in respect of his allowances or his rights in respect of leave of absence (including leave allowances) or pension than those to which he would be entitled if this Act had not been passed.
immediately before the 1st day of November, 1956, under the provisions of the High Court Judges (Part B States) Order,

52[52]. 53[53]. 54[54]. 55[55].

Inserted by Act No. 27 of 1964. Inserted by Act No. 35 of 1976 (w.e.f. 1-10-1974). Substituted by Act No. 35 of 1976 (w.e.f. 1-10-1974). Sec. 25 renumbered as sub-section (1) thereof and sub-sec. (2) added by Act No. 46 of 1958 (w.e.f. 1-11-1956).

Nothing contained in this Act, as amend by the High Court Judges (Conditions of Service) Amendment Act, 1958, shall have effect so as to give to a Chief Justice or a Judge of a former High Court in a Part B States less favourable terms in respect of his allowances or his rights in respect of leave of absence (including the leave allowances) or pension than those to which he would be entitled under the High Court Judges (Part B States) Order, 1953, or any other order or rule then applicable to him, if he had continued as a Judge of that High Court his service as a Judge on or after the 1st day of November, 1956, being treated as service in that High Court.]

2[(2)

THE FIRST SCHEDULE (See Sections 14 and 15) PENSIONS OF JUDGES PART I
1. The provisions of this Part apply to a Judge who is not a member of the Indian Civil Service or has not held any other 56[56][pensionable post] under the Union or a State and also apply to a Judge who, being a member of the Indian Civil Service or having held any other 3[pensionable post] under the Union or a State, has elected to receive the pension payable under this Part. 57[57][2. Subject to the other provisions of this Part, the pension payable to a Judge to whom this Part applies and who has completed not less than seven years of service for pension shall be: (a) for service as Chief Justice in any High Court, 58[58][Rs. 14,630] per annum for each completed year of service; (b) for service as any other Judge in any High Court, 59[59][Rs. 11,150] per annum for each completed year of service; Provided that the pension under this paragraph shall in no case exceed 60[60][Rs. 1,80,000] per annum in the case of a Chief Justice and 3[Rs. 1,56,000] per annum in the case of any other Judge.] 61[61][3, 4, 5.* * *] 62[62][6. A Judge who has rendered service for pension both as Chief Justice and other Judge in any High Court may claim that any period of service of less than a completed year rendered by him as Chief Justice, or any portion of any such period, shall be treated for the purpose of paragraph 2 as service rendered by him as other Judge.] 7. For the purposes of this Part, service as an acting Chief Justice of a High Court or as an ad hoc Judge of the Supreme Court, shall be treated as though it were service rendered as Chief Justice of a High Court. 8. Notwithstanding anything contained in the foregoing provisions of this Part, the pension payable to a Judge who has completed 63[63][fourteen years] of service for pension, including not less than six years of service as Chief Justice of one or more of the High Courts, shall be 64[64][Rs. 1,80,000]. 9. Where a Judge to whom this Part applies retires or has retired at any time after the 26th January, 1950 without being eligible for a pension under any other provision of this Part, then, notwithstanding anything contained in the foregoing provisions, a pension of 65[65][Rs. 51,190].
56[56]. 57[57]. 58[58]. 59[59]. 60[60].

Substituted for Pensionable Civil Post by Act No. 57 of 1980. Substituted by Act No. 20 of 1988 (w.e.f. 1-11-1986). Substituted for letters and figures Rs. 4,500 by Act No. 7 of 1999 (w.e.f. 1 -1-1996). Substituted for letters and figures Rs. 3,430 by Act No. 7 of 1999 (w.e.f. 1-1-1996). Substituted for letters & figures Rs. 5,400 and Rs. 48,000 respectivelyby Act No. 7 of 1999 (w.e.f. 1 -11996). 61[61]. Para 3, 4, 5 omitted by Act No. 20 of 1988 (w.e.f. 1-11-1986). 62[62]. Substituted by Act No. 20 of 1988 (w.e.f. 1-11-1986) 63[63]. Substituted for the words twelve years by Act No. 20 of 1988 (w.e.f. 1 -11-1986). 64[64]. The figure 5,400 was submitted by Act No. 20 of 1988 for 20,000 and now again substituted by Act No. 7 of 1999 (w.e.f. 1-1-1996). 65[65]. The figure 15,750 was substituted for 6,000 by Act No. 20 of 1988 and now again substituted for Rs.

66[66][Provided

that nothing in this paragraph shall apply to an additional Judge or acting Judge; or to a Judge who at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Union or a State.] 67[67][10. 11. * * *] (a) (b)

PART II
1. The provisions of this Part apply to a Judge who is a member of the Indian Civil Service and who has not elected to receive the pension payable under Part I. 2. The pension payable to such a Judge shall be (a) the pension to which he is entitled under the ordinary rules of the Indian Civil Service if he had not been appointed a Judge, his service as a Judge being treated as service therein for the purpose of calculating that pension; and (b) the additional pension, if any, to which he is entitled under paragraph 3. 68[68][Provided that the pension under clause (a) and the additional pension under clause (b) together shall in no case exceed 69[69][Rs. 1,80,000] per annum in the case of a Chief Justice and 70[70][Rs. 1,56,000] per annum in the case of any other Judge.] 3. 3[If such a Judge has completed not less than seven years of service for pension in a High Court, he shall be entitled to an additional pension in accordance with the following scale Per annum Rs. For seven completed years of service for pension 71[71][11,265 For eight completed years of service for pension 13,520 For nine completed years of service for pension 15,766 For ten completed years of service for pension 18,022 For eleven completed years of service for pension 20,280 For twelve or more completed years of service for pension 22533] 72[72][4. * * * ]

PART III
1. The provisions of this Part apply to a Judge who has held any 73[73][pensionable post] under the Union or a State (but is not a member of the Indian Civil Service) and who has not elected to receive the pension payable under Part I. 2. The pension payable to such a Judge shall be (a) the pension to which he is entitled under the ordinary rules of his service if he had not been appointed a Judge, his service as a Judge being treated as service therein for the purpose of calculating that pension; and (b) a special additional pension of 74[74][Rs. 5,200] per annum in respect of each completed year

15,750 by Act No. 7 of 1999 (w.e.f. 1-1-1996). Added by Act No. 46 of 1958 (w.e.f. 1-11-1956). Paras 10, 11 omitted by Act No. 20 of 1988 (w.e.f. 1-11-1986). Inserted by Act No. 20 of 1988 (w.e.f. 1-11-1986). Substituted for letters and figures Rs. 54,000 and Rs. 48,000 by Act No. 7 of 1999 (w.e.f. 1 -11-1996). Substituted by Act No. 46 of 1958 (w.e.f. 1-11-1956). Figures 3,466, 4,160, 4,851, 5,545, 6,240 and 6,933 were substituted by Act No. 20 of 1988 and now again substituted by Act No. 7 of 1999 (w.e.f. 1-11-1996). 72[72]. Para 4 omitted by Act No. 20 of 1988 (w.e.f. 1-11-1986). 73[73]. Substituted for Civil pensionable post by Act No. 57 of 1980. 74[74]. Figure 1,600 was substituted by Act No. 20 of 1988 and now again substituted by Act No. 7 of 1999 (w.e.f. 1-1-1996).
66[66]. 67[67]. 68[68]. 69[69]. 70[70]. 71[71].

of service for pension 75[75][* *] 76[76][Provided that the pension under clause (a) and the additional pension under clause (b) together shall in no case exceed 77[77][Rs. 1,80,000] per annum in the case of a Chief Justice and 4[Rs. 1,56,000] per annum in the case of any other Judge.] 78[78][3.4.* * *]

THE SECOND SCHEDULE (See Section 17) INJURY GRATUITIES AND PENSIONS
Officer 1. Chief Justice 2. Any other Judge Gratuity Rs. 20,000 13,500 5,400 4,700 Annual Pension Higher Scale Rs. Lower Scale 4,700 4,000

FAMILY GRATUITIES AND PENSIONS A. Widow

Officer 1. Chief Justice 2. Any other Judge Gratuity Rs. 15,000 13,500 Annual Pension Rs. 5,400 4,000

B. Children
Officer If motherless 1. Chief Justice 2. Any other Judge 550 550 Annual Pension If not motherless 320 320

75[75].

Words but in no case such additional pension together with the additional or special pension, if any to which he is entitled under the ordinary rules of his service, shall exceed Rs. 8,000 per annum omitted by Act No. 7 of 1999 (w.e.f. 1-1-1996). 76[76]. Inserted by Act No. 20 of 1988 (w.e.f. 1-11-1986). 77[77]. Substituted for letters and figures Rs. 5,4000 and Rs. 48,000by Act No. 7 of 1999 (w.e.f. 1 -1-1996). 78[78]. Paras 3,4 omitted by Act No. 20 of 1988 (w.e.f. 1-11-1986).

Appendix E

The High Court Judges Rules, 1956

The High Cou rt Judge s Ru les, 1956

S.R.O. 224, dated 24th January, 1956In exercise of the powers conferred by Secs. 23 and 24 of the High Court Judges (Conditions of Service) Act, 1954 (28 of 1954), the Central Government hereby makes the following rules, namely: 1. Short titleThese rules may be called the High Court Judges 1[1][* * *] Rules, 1996. 2[2][1-A. DefinitionIn these rules, Judge includes an acting Judge and an additional Judge.] 2. Conditions of service in certain casesThe conditions of service of a Judge of a High Court for which no express provision has been made in the High Court Judges (Conditions of Service) Act, 1954, shall be, and shall from the commencement of the Constitution be deemed to have been, determined by the rules for the time being applicable to a member of the Indian Administrative Service holding the rank of Secretary to the Government of the State in which the principal seat of the High Court is situated: 3[3][Provided that, in the case of a Judge of the High Court of Delhi, 4[4][and a Judge of the High Court of Punjab and Haryana] the conditions of service shall be determined by the rules for the time being applicable to a member of the Indian Administrative Service on deputation to the Government of India and holding the rank of Joint Secretary to the Government of India stationed at New Delhi.]; 5[5][Provided further that, in respect of facilities for medical treatment and accommodation in hospitals, (a) in the case of Judges of the High Courts other than the Delhi High Court and the Punjab and Haryana High Court; the rules and provisions as applicable to a Cabinet Minister of the State Government in which the principal seat of the High Court is situated, shall apply; (b) in the case of Judges, other than the Chief Justices, of the Delhi High Court and the Punjab and Haryana High Court, the rules and provisions as applicable to a Union Deputy Minister shall apply; (c) in the case of the Chief Justices of the Delhi High Court and the Punjab and Haryana High Court, the rules and provisions as applicable to a Union Cabinet Minister shall apply]; NoteCases of reimbursement of medical charges decided before the commencement of these rules shall not be reopened unless it is specifically so desired by the Judge concerned. 6[6][Provided also that where at a request of the President, any Judge undertakes to discharge any function outside the normal duties in any locality away from his headquarters, the President may, having regard to the nature of such function and locality, determine the facilities that may be afforded to such Judge including accommodation, transport and telephone so long as he continues to discharge such function, either without any payment or at a concessional rate]. 7[7][2-A. Residence of Judges.Each Judge who avails himself of the use of an official residence, shall be entitled without payment of rent to the use of a furnished residence throughout his term of office and for a period of one month immediately thereafter, and no charge shall fall on the Judge personally in respect of the maintenance of such residence. This concession shall also be admissible to the members of the family of a Judge, who dies while in service, for a period of one month immediately after his death.
1[1]. Words Part A States omitted by S.R.O. 707 dated 28 -2-1957 (w.e.f. 1-11-1956). 2[2]. Inserted by S.R.O. 707 dated 28-2-1957 (w.e.f. 1-11-1956). 3[3]. Inserted by G.S.R. 497(E) dated 13-3-1970 (w.e.f. 28-3-1970). 4[4]. Inserted by G.S.R. 566(E) dated 9-4-1979 (w.e.f. 1-11-1966). 5[5]. Substituted by G.S.R. 1175(E) dated 4-11-1986 (w.e.f. 4-11-1986). 6[6]. Inserted by G.S.R. 336(E) dated 11-7-1972. 7[7]. Inserted by G.S.R. 1015 dated 21-7-1979 (w.e.f. 1-10-1974).

Explanation.For the purposes of this rule and rules 2B and 2-C (a) Official residence means an accommodation owned, or taken on hire by requisition or otherwise, official residence, includes the payment of local rates and taxes 8[8][* * *]. 9[9][2-B. Free furnishing.The value of free furnishing (including electrical appliances) provided free of rent in the Official residence allotted to the Chief Justice shall not exceed Rs. 2,00,000 (Rupees two lakh only) and in the case of other Judges shall not exceed Rs. 1,50,000 (Rupees one lakh fifty thousand only)]. 2-C. Rent for over-stay.(1) Where a Judge occupies an official residence beyond the period specified in rule 2-A he shall be liable to pay for the period of over-stay, rent and other charges, in respect of such over-stay calculated in accordance with the rules applicable in this behalf to the members of the Indian Administrative Service holding the rank of Secretary to the Government of the State or the Union Territory as the case may be, in which the principal seal of the High Court is situated. (2) Where the members of the family of a Judge, who died while in service, occupy an official residence beyond the period specified in rule 2-A, they shall be liable to pay for the period of over-stay rent and other-stay calculated in accordance with the rules applicable in this behalf to the members of the Indian Administrative Service holding the rank of Secretary to the Government of the State of the Union territory as the case may be, in which the principal seat of the High Court is situated. 10[10][2-D. A Judge of a High Court may nominate any other person to receive the arrears of pension payable to him in accordance with the provision of the Payment of Arrears of Pension (Nomination) Rules, 1983.] 11[11][2-E. Free water and electricity.Every Judge, irrespective of the fact whether he resides in an official residence or not, shall be entitled to reimbursement of charges on account of water and electricity consumed at his residence not exceeding 12[12][3,600 kilo litres of water] and 13[13][10,000] units of power per annum]. 3. Passage benefits.(i) A Judge who is a member of the Indian Civil Service and whose domicile at the date of his appointment to that Service was elsewhere than in India, shall have the same rights in respect of passages for himself, his wife and children, if any, as, under the rules of that service, he would have had if he had not been appointed a Judge, his service as Judge being treated as service for the purpose of determining those rights. (ii) Any other Judge whose domicile at the date of his appointment as Judge was elsewhere than in Asia shall have the same rights in respect of passages for himself, his wife and children, if any, as, under the rules for the time being applicable to persons who became members of the Indian Civil Service on that date, he would have had, if he had become a member thereof on that date, and if his service as Judge was treated as service therein for the purpose of determining those rights: Provided that, in the case of a Judge who was, before appointment to a High Court in India, a Judge of a former Indian High Court, the date of his appointment and his service as such Judge shall be treated as the date of appointment and his service as Judge respectively for the purpose of this subrule, and any passages taken by him as such judge shall be treated as passages taken under these rules. Note.The passage benefits provided in rule 3 shall be, and shall from the commencement of the Constitution be deemed to have been, admissible only to such Judges as were serving in the High Court on the 1st day of May, 1955. 4. Decision of questions.If any question arises about the interpretation of the provisions of these rules, the decision of the Central Government thereon shall be final.

8[8]. Certain words omitted by G.S.R. 299(E) dated 18-3-1987. 9[9]. Rules 2-B substituted by G.S.R. 720(E) dated 3-11-1995 (Rules 2-B and 2-C were inserted by G.S.R. 1015 dated 2110[10]. 11[11]. 12[12]. 13[13].

7-1979). Inserted by G.S.R. 1175(E) dated 4-11-1986. Inserted by G.S.R. 299(E) dated 18-3-1987. Substituted by G.S.R. 721(E) dated 26-11-1993. Substituted for 7000 by G.S.R. 558(E) dated 29 -6-1994.

Appendix F

The High Court Judges Travelling Allowance Rules, 1956

The High Cou rt Judge s Travellin g Allowance Rule s, 19 56

S.R.O. 2401, dated 23rd October, 1956.In exercise of the powers conferred by Sec. 24 of the High Court Judges (Conditions of Service) Act, 1954 (28 of 1954), the Central Government hereby makes the following Rules, namely: 1. These Rules may be called the High Court Judges 1[1][* * *] Traveling Allowance Rules, 1956. 2. 2[2][1-A. Definitions.In these rules, unless the context otherwise requires, (a) Full wagon means (1) between places connected by rail (a) By goods trainany quantity up to the maximum carrying capacity of a wagon and wagon mean a 4-wheeler wagon only; (b) By passenger train or by roadthe mileage allowance will be limited to the amount chargeable for 6,000 kilograms by goods trains; (2) between places not connected by rail 6000 kilograms.] 3[3][(aa)] Headquarters means. (i) in relation to a Judge directed by the Chief Justice to perform his normal duties for a period exceeding three months at a place other than the principal seat of the High Court, such place; and (ii) in other cases, the principal seat of the High Court; (b) Judge includes an acting Judge and an additional Judge. 4[4][(c) Mileage allowance means the road mileage allowance at the rate notified by the concerned Director of Transport for Taxi/Autorickshaw.] 2. (1) When a Judge travels on duty, he is entitled 5[5][(a) when travelling by railway, (i) to a reserved two-berth compartment of the highest class including air conditioned and if one such compartment is not available, than to a reserved four-berth compartment of the highest class (but excluding air-conditioned); (ii) if such a compartment is provided, to take his wife along with him without payment of the fare; and (iii) to the fares at the lowest class rate actually paid for servants not exceeding two in number;] (b) when travelling by a steamer service, to one reserved first-class cabin, if available, or to the fare actually paid for himself , and the fares at lowest class rates actually paid to the steamer service for servants not exceeding two in number subject to usual deductions on account of messing charges; (c) when travelling by a public air transport service, to the fair paid for himself and, if actually

1[1]. Words Para A States omitted by S.R.O. 708 dated 28-2-1957. 2[2]. Rules 1A substituted by G.S.R. 48 dated 9-1-1959. 3[3]. Clause (a) inserted and original clause (a) relettered as cl. (aa) by G.S.R. 344(E) dated 18-5-1976. 4[4]. Inserted by G.S.R. 194(E) dated 7-11-1986. 5[5]. Substituted by G.S.R. 344 (E) dated 18-5-1976.

paid, the cost of transporting up to 6[6][75 kilograms] of laggage by rail at passenger rates, or steamer and the railway ir steamer fares of lowest class for servants not exceeding two in number. and the expenditure actually incurred on the transport by road of servants or luggage up to a maximum of 2[one-half of the rate per kilometre notified by the concerned Director of Transport of autorickshaw] of that part of the journey by road for which no allowance is claimed under Cl. (d) of this sub-rule; (d) when travelling by road, to 2[road mileage allowance at the rate notified by the concerned Director of Transport]: Provided that (i) no such allowance shall be payable in respect of that portion of journey by road for which a public air transport service provides its own transport and the fare for which journey is included in the air fare paid under Cl. (c) for the air journey; (ii) no mileage allowance shall be admissible for journey undertaken within a radius of 2[eight kilometers] from the residence of the Judge or for a journey between such residence or temporary residence and the place of sitting of the High Court or of a Bench of the High Court; and (iii) where daily allowance is admissible and is claimed for any day, no mileage allowance shall be admissible in addition to respect of any journey undertaken by road within a radius of 2[eight kilometers] from the temporary residence of the Judge at the place of halt; (iv) no such allowance shall be payable in cases where the Judges uses transport provided at Government expense; 7[7][* * *] 8[8][(e) to a daily allowance a the rate of 9[9][Rs. 600/-] for the entire period of absence from headquarters, the absence being reckoned from the time of departure from headquarters to the time of return to headquarters: Provided that the daily allowance so admissible shall be regulated as follows: (i) full daily allowance for each completed day, that is, reckoned from mid-night to midnight; (ii) for absence from headquarters for less than twenty-fours, the daily allowance shall be at the following rates, namely: (1) if the absence from headquarters does not exceed six hours, 30% of the full daily allowance; (2) if the absence from headquarters exceeds six hours, but does not exceed twelve hours 50% of the full daily allowance; (3) if the absence from headquarters exceeds twelve hours, full daily allowance; (iii) if the date of departure from and return to headquarters fall on different dates, the period of absence from headquarters shall be reckoned as two days and daily allowance shall be calculated for each day as in Cl. (ii). Provided further that 10[10][(i) when a Judge is required to perform functions outside his normal duties in localities away from his headquarters he may, subject to such conditions as the President may in each case determine be granted daily allowance not exceeding 11[11][Rs. 1000] and transport charges not exceeding 5[Rs. 1000] and transport charges not exceeding 12[12][Rs. 50] per day is respect of specially expensive localities] like Bombay, Calcutta, Madras, Delhi, Hyderabad, Ahmedabad, Bangalore or any other locality so declared hereafter by the
6[6]. Substituted by G.S.R. 194(E) dated 7-11-1986. 7[7]. Clause (dd) and (ddd) omitted by G.S.R. 344(E) dated 18-5-1976. 8[8]. Substituted by G.S.R. 344(E) dated 18-5-1976. 9[9]. Substituted for Rs. 250 by G.S.R. 151(E) dated 24 -2-1999. 10[10]. Substituted by G.S.R. 1194(E) dated 7-11-1986. 11[11]. Substituted for Rs. 250 and Rs. 400 by G.S.R. 151(E) dated 24-2-1999. 12[12]. Substituted for Rs. 20 by G.S.R. 151(E) dated 24 -2-1999.

President and shall also be entitled to Government accommodation at the same rates as for Government servants]; (ii) when a Judge is required to perform his normal duties away from his headquarters and in specially expensive localities like Bombay, Calcutta or any other locality so declared hereafter by the President, he may be granted a daily allowance of 13[13][Rs. 1000]. (iii) when a Judge is required to perform similar functions, where part time or whole-time in his own headquarters, he shall not be paid any allowance or charges unless the special work involves extra expenses in which case he may be granted such allowance not exceeding 14[14][Rs. 600] per day as the President in each case determine; (iv) when a Judges is a State guest or is allowed to avail free board and lodging at the expense of the Central or State Government or any autonomous industrial or commercial undertakings or corporation or a statutory body or a local authority, in which Government funds have been invested or in which Government have any other interest, the daily allowance shall be restricted to 25 per cent of the amount admissible or sanctioned; and if only board or lodging is allowed free, the Judge may draw daily allowance at one-half of the admissible rate]; (f) to the expenditure, if any, actually incurred on the transport by 15[15][passenger train at railways risk or by air at owners risk whichever is risk] or steamer at owners risk of a motor car, and the fare at lowest class rate actually paid to a railway or steamer service in respect of one driver or cleaner for the car. 16[16][(1A) When a Judge of the High Court at Bombay is required to proceed on circuit from 17[17][one of the four stations, namely Bombay, Nagpur, Aurangabad and Panaji, to any other aforesaid station], he shall also be entitled to the expenditure actually incurred by him for the transport of his wife and dependent son or daughter (i) for journey by rail and in case not travelling in the reserved compartment, in highest class of accommodation, excluding air conditioned; (ii) for journey by air, by a public air transport service: Provided that the duration of 5[the circuit concerned] is not less than 18[18][fifteen days] at a time]. 19[19][(1B) when a Judge of the High Court of Madhya Pradesh is required to proceed on circuit from Jabalpur to Indore or Gwalior or from Indore to Jabalpur or Gwalior, or from Gwalior to Jabalpur or Indore, he shall also be entitled to the expenditure actually incurred by him for the transport of his wife and dependent son or daughter (i) for journeys by rail and case not travelling in the reserved compartment, in the highest class of accommodation, excluding air-conditioned; (ii) for journeys by air by a public air transport services: Provided that the duration of circuit at Indore or Gwalior or Jabalpur is not less than 20[20][fifteen days] at a time.] 21[21][(1C) when a Judges of the Gauhati High Court is required to proceed on circuit from Gauhati to Imphal or to Agartala or to any other Bench of the High Court that may be constituted, or from Imphal or Agartala or any other such Bench to Gauhati or from one Bench to another Bench, he shall also be entitled to the expenditure actually incurred by him for the transport of his wife and dependent son or daughter (i) for journeys by rail and in case not travelling in the reserved compartment, in the highest class of accommodation, excluding air-conditioned;
13[13]. 14[14]. 15[15]. 16[16]. 17[17]. 18[18]. 19[19]. 20[20]. 21[21].

Substituted for Rs. 400 by G.S.R. 151(E) dated 24 -2-1999. Substituted for Rs. 250 by G.S.R. 151(E) dated 24 -2-1999. Substituted by G.S.R. 914(E) dated 6-9-1988. Inserted by G.S.R. 784(E) dated 2-5-1970. Substituted by G.S.R. 344(E) dates 18-5-1976. Substituted by G.S.R. 717(E) dated 4-12-1990. Inserted by G.S.R. 1539 dated 4-9-1970. Substituted by G.S.R. 717(E) dated 4-12-1990. Inserted by G.S.R. 841 dated 21-6-1972.

(ii) for journeys by air by a public air transport service: Provided that the duration of circuit at Imphal or Agartala or at such other Bench is not less than 1[fifteen days] at a time.] 22[22][(1D) When a Judge of the High Court of Rajasthan is required to proceed on circuit from Jodhpur to Jaipur or from Jaipur to Jodhpur, he shall also be entitled to the expenditure actually incurred by him for the transport of his wife and dependent son or daughter (i) for journeys by rail and in case not travelling in the reserved compartment, in the highest class of accommodation excluding air-conditioned. (ii) for journeys by air by a public air transport service: Provided that the duration of circuit at Jodhpur or Jaipur is not less than 1[fifteen days] at a lime. 23[23][(1E) when a Judge of the High Court of Patna is required to proceed on circuit from Patna to Ranchi or from Ranchi to Patna, he shall also be entitled to the expenditure actually incurred by him for the transport of his wife and dependent son or daughter (i) for journeys by rail and in case not travelling in the reserved compartment, in the highest class of accommodation excluding air conditioned: (ii) for journeys by air by a public air transport service: Provided that the duration of circuit at Patna or Ranchi is not less than 1[fifteen days] at a time]. 24[24][(1F) when a Judge of the High Court of Calcutta is required to proceed on circuit from Calcutta to the Andaman and Nicobar Islands, he shall, for the journey from Calcutta to Port Blair and back, also be entitled to the expenditure actually incurred by him for the transport of his wife and dependent son or daughter (i) for journeys by sea is the Deluxe Cabin of a ship; (ii) for journeys by M.V. Akbar in the Deluxe Class with attached toilet; and (iii) for journeys by air, by a public air transport service: Provided that the duration of the circuit at Port Blair is not less than 25[25][fifteen days] at a time.] (2) If any person 26[26][other than wife and servants] accompany a Judge in a compartment or cabin reserved for him under sub-rule (1), fares shall be payable by him on their account, and the fares so paid shall, if full tariff rates have been paid by Government for the reserved accommodation, be credit to Government. (3) For the purposes of this rule (i) all journeys to and from headquarters shall be deemed to commence and terminate at the Judges residence at headquarters or, as the case may be, at an out-station; (ii) a Judge shall be deemed to be travelling on duty when, during a vacation of the High Court, he proceeds from any place in India where he was spending the vacation for the purpose of doing duty in the High Court and returns to such place after completion of such duty; 27[27][(iia) a Judge shall be deemed to be travelling on duty when during leave or leave combined with vacation of the High Court, he proceeds from any place in India where he was spending the leave or vacation to any place or places in India for the purpose of performing duty and returns to such place or to his headquarters after completion of his duty: Provided that in case of return to headquarters after performing duty the travelling allowance in relation to that journey shall be restricted to what the Judge would have drawn had he returned to the place from where he proceeded.] 28[28][(iii) actual expenses means the ordinary and normal expenses incidental to the journey and includes any charges for a ferry, payment of tolls, amount spent on transport of camp
22[22]. 23[23]. 24[24]. 25[25]. 26[26]. 27[27]. 28[28].

Inserted by G.S.R. 502 dated 23-3-1979. Inserted by G.S.R. 870 dated 5-8-1980. Inserted by G.S.R. 1295(E) dated 18-12-1986. Substituted by G.S.R. 717(E) dated 4-12-1990. Substituted by G.S.R. 344(E) dated 18-5-1976. Inserted by G.S.R. 1769 dated 18-9-1968. Inserted by G.S.R. 730 dated 4-5-1965.

equipment but does not include such other charges as hotel charges, rent for occupying a travellers bungalow, cost of refreshments, charges for carriage of stores or conveyance or presents to coachmen or tips to bearers, or any other allowance for such incidental losses or expenses as the breakage of crockery, wear and tear of furniture and the employment of additional servants;] 3.(1) When a Government servant, appointed to be a Judge travels by railway to join his post, he may, at his option and in lieu of drawing travelling allowance under the ordinary rules governing a journey on transfer applicable to him, travel in a reserved compartment of the highest class, 29[29][including air-conditioned]. (2) A Government servant availing himself of this concession must pay to Government the fare which he would have paid if no accommodation had been reserved, and must, in addition, pay in cash to the station master of the station from which the journey commences, the fares for any members of his family accompanying him, whether they share his reserved accommodation or not. When Government pays full tariff rates for the accommodation, all such fares will be credited to Government. Explanation.For purposes of rules 3, 4, 30[30][5, 6 and 7D] a reserved compartment means a twoberthed compartment if a two-berthed compartment is not available in the train by which a Judge travels. 4. When a person not already in Government service is appointed to be a Judge, he may, when travelling by railway to join his post, travel in reserved compartment of the highest class, 1[including air-conditioned] and subject to the conditions prescribed in sub-rule (2) and rule 3. 5. When a Judge (a) proceeds on, or returns from leave, or (b) proceeds on, or returns from, vacation spent in or outside India, or 31[31][(c)] proceeds to join another post after resigning office, he may when travelling in a railway, travel in a reserved compartment of the highest class, excluding air-conditioned and subject to the conditions prescribed in sub-rule (2) and rule 3; 1[5-A. When a Judge or any member of his family undertakes a journey to obtain appropriate medical attendance and treatment under the provisions of the All India Services (Medical Attendance) Rules, 1954, as applicable to such Judge under the High Court Judges Rules, 1956, he shall be entitled to draw same travelling allowance as is admissible for such journey to a member of the All India Service holding the rank of Secretary to the Government of the State in which the principal seat of the High Court is situated.] 32[32][Provided that a Judge of the Delhi High Court shall draw the same travelling allowance as is admissible for such journey to a member of the All Service holding the rank of a Joint Secretary to the Government of India. 6. When a Judge is transferred from one High Court to another, or 33[33][from one headquarters to another] he shall be entitled to the expenditure actually incurred by him on his journey for the transport of (a) when travelling by rail or by steamer (i) the Judge himself, by a reserved compartment or cabin of the highest class 34[34][including air-conditioned]; (ii) members of his family not travelling in the reserved compartment or cabin, in the highest class of accommo-dation 3[including air-conditioned]; 35[35][(b) when travelling by the road
29[29]. 30[30]. 31[31]. 32[32]. 33[33]. 34[34]. 35[35].

Substituted by G.S.R. 719(E) dated 3-11-1995. Substituted by G.S.R. 784 dated 2-5-1970. Clause (c) omitted and clause (d) re-lettered as clause (c) by G.S.R. 891 dated 19-3-1969. Inserted by G.S.R. 344(E) dated 18-5-1976. Substituted by G.S.R. 48 dated 9-1-1959. Substituted by G.S.R. 1007 dated 14-10-1985. Substituted by G.S.R. 194(E) dated 7-11-1986.

one mileage allowance for the Judge himself; one additional mileage allowance at the rate applicable to him, if two members of his family accompany him and at twice that rate if more than two members accompany him: Provided that when any portion of the journey can be performed by railway, the allowance claimed in respect of that portion shall not exceed the amount admissible had the Judge and the members of his family travelled on such portion by railway by the highest class including airconditioned;] (c) when travelling by air, the Judge himself and the members of his family by a public air transport service; (d) personal servants, not exceeding four in number, by railway or streamer or by public road transport service at lowest class rates; 36[36][(e) on motor car, by passenger train at Railways risk or by air at owners risk, whichever is less or by steamer at owners risk.] (f) other personal effects, not exceeding the expenditure which would be incurred in the transport of 1[a full wagon of goods] and the expenditure incurred in loading and unloading such personal effects. 37[37][Explanation.For the purpose of this rule and rules 7A, 7B, 7C and 7D members of the Judges family means his wife, his children his step children, parents, sisters and minor brothers normally residing with, and wholly dependent on him.] 7. Where by reason of a change in the principal seat of the High Court a Judge changes his ordinary place of residence, he is entitled to the same allowances as on transfer from one High Court to another. 2[7-A. Notwithstanding anything contained in rule 5, a Judge of the High Court shall be entitled to leave travel concession for himself, his wife and dependent members of his family for visiting any place in India (including permanent residence in his home state) during his leave, twice a year, in accordance with the rules applicable in this regard to a member of the Indian Administrative Service holding the rank of Secretary to the Government of the State in which the principal seat of the High Court is situated. Explanation.For the purpose of this rule, leave shall include vacation 38[38][any of the gazetted holidays, closed holidays and Sundays]: Provided that a Judge of the Delhi High Court and a Judge of the Punjab and Haryana High Court shall be entitled to leave travel concession under this rule, twice a year, for visiting a place anywhere in India (including home town in accordance with the rules applicable in this behalf to a member of the Indian Administrative Service holding the rank of a Joint Secretary to the Government of India; 39[39][ * * * ] 40[40][Provided that a Chief Justice and a transferred Judge shall be entitled to an additional (third) leave travel concession to visit his permanent residence in his home State in a year.] Provided further that a Judge and his wife shall have the option to travel by air or by airconditioned first class when travelling by railway, dependent members of the family shall also be allowed to travel with either of them by air or air-conditioned first class, when the Judge or his wife travels on leave travel concession 41[41][or they can travel independently while travelling by air.] Explanation-I For the purpose of this rule and for rules 7-B and 7-C Permanent residence in the home state means (i) in the case of a person who has held a judicial office in the territory of India, such place as may have been recorded in his service records as the place
36[36]. 37[37]. 38[38]. 39[39]. 40[40]. 41[41].

(i) (ii)

Substituted by G.S.R. 914(E) dated 6-9-1988. Substituted by G.S.R. 344(E) dated 18-5-1976. Inserted by G.S.R. 635 dated 27-7-1988. Deleted by G.S.R. 385(E) dated 10-5-1995. Inserted by G.S.R. 719 (E) dated 3-11-1995. Inserted by High Court Judges (Travelling Allowance) Second Amendment Rules 1999 dated 8-7-1999.

at which his permanent residence is located, and (ii) in any other case, the place which has been declared by a Judge of a High Court before the commencement of the High Court Judges (Travelling Allowance) Amendment Rules, 1966, as the place at which his permanent residence is located, or where no such declaration has been made, such place as the Judge of a High Court may within one year from the commencement of the High Court Judges (Travelling Allowance) Amendment Rules 1966, or from the date of his appointment, whichever is later, declare to be the place at which his permanent residence is located and the declaration so made shall not be changed unless the Central Government having regard to the exceptional circumstances of the case permits such change: Provided that not more than one such change shall be permitted by the Central Government during the period of service of a Judge of a High Court. 42[42][Provided also that a Judge shall be entitled to travel by road between places not connected by Rail/air transport while availing of leave travel concession facilities with the conditions that (i) the place to be visited and the Headquarters is not connected either by Rail/Air transport; (ii) the mileage allowance will be admissible by the shortest route from the nearest point to the airport/railhead and only one mileage allowance would be admissible if all the Members of the family are travelling together; and (iii) One extra mileage allowance would be available to the family members of the Judges when travelling separately on separate dates but in no case the total number of mileage allowance shall exceed three]. Year means the Calendar Year, 43[43][..] 44[44][7-B] (I) In the case of a Judge who dies while in service, the members of his family shall be entitled to the following expenses for travel, by the shortest route from the headquarters of the Judge at the time of his death, to his permanent residence in his home State, provided that such journey is completed within six moth from the date of death of the Judge (a) for journey by rail or steamer or both. 45[45][(i) actual first class fare for every member of the family;] (ii) actual cost of transportation of personal effects up to 3[a full wagon]. (b) for journeys by road 46[46][(i) one mileage allowance for one member of the family, a second mileage allowance if two members of the family travel and a third mileage allowance if more than two members of the family of the deceased Judge travel at the rate applicable to such Judge on the date he was last on duty. (ii) actual cost of transportation of personal effects limited to the expenditure which would be incurred in the transportation of a full wagon and the expenditure incurred in loading and unloading such personal effects.] 47[47][(c) for journeys by the modes referred to in clause (a) and (b), daily allowance at the same rates as are admissible to a Judge when he travels on duty and the provisions of clauses (d) of sub-rule (1) of rule 2 shall, as far as may be, apply.] 48[48][(d) a lump sum transfer grant and packing allowance at the same rate as are admissible to All India Services holding the post of Secretary to the Government of India.] (2) The expenses specified in sub-rule (1) shall also be admissible for travel by a member of the family of the deceased Judge from the headquarters of the Judge at the time of death to a place other than his permanent residence in his home State or from such other place, as the member happens to be at the time of the Judges death, to a place other than the Judges permanent residence, in his home
42[42]. 43[43]. 44[44]. 45[45]. 46[46]. 47[47]. 48[48].

Inserted by G.S.R. 117(E) dated 3-3-1992. Detected by G.S.R. 385(E) dated 10-5-1995. Original Rule 7-B omitted and Rule 7-C renumbered as 7-B by G.S.R. 1194 (E) dated 7-11-1986. Substituted by G.S.R. 344(E) dated 18-5-1976. Substituted by G.S.R. 1194(E) dated 7-11-1986. Inserted by G.S.R. 344(E) dated 18-5-1976. Inserted by G.S.R. 719(E) dated 3-11-1995.

State, provided that the journey is completed within six months from the date of death of the Judge and the total expenses claimed for such Journey do not exceed the amount which would have been admissible had such member travelled from the headquarters of the Judge to his permanent residence in his home State. (3) Nothing in this rule shall apply in the case of Judge who dies while on leave preparatory to retirement. 49[49][7-C] When a Judge retires from service he had the members of his family shall be entitled to the following expenses for travel and for the transportation of personal effects from the place in which he was on duty prior to his retirement to the permanent residence in his home State declared for the purposes of rule 7-A, 7-B or 7-C. If a Judge wishes to settle down at a place other than the permanent residence in his home State declared for the purposes of Rules 7-A, 7-B and 7-C, the amount reimbursable to him on account of the expenditure actually incurred by him on his journey and the journey of the members of his family and for the transportation of personal effect shall be that which would have been admissible to him had he actually proceeded to his permanent residence in his home State or the amount reimbursable for journey to a place other than the permanent residence in his home State, whichever is less. The precise entitlement as aforesaid under these rules shall be as follows namely: (a) when travelling by rail or steamer (i) the Judge himself may travel by a reserved compartment or cabin of the highest class, 50[50][including air conditioned]. The members of the family of the Judge may also travel in such reserved compartment or cabin with the Judge. (ii) members of his family not travelling in the reserved compartment or cabin may travel in the highest class of accommodation 1[including air conditioned]: 51[51][Provided that the Judge or his family members may travel by a public air transport at his option.] (b) when travelling by road 52[52][One mileage allowance for the Judge, a second mileage allowance if two members of the family travelling with him and a third mileage allowance if more than two members of his family travel with him at the rate applicable to such Judge on the date he was last on duty. Provided that when any portion of the journey can be performed by rail, the allowance claimed in respect of that portion shall not exceed the amount admissible had the Judge and the members of his family travelled on such portion by rail by the highest class, excluding air-conditioned:] 1[(bb) the Judge and every member of his family shall be entitled to a daily allowance in respect of the journeys by the modes referred to in clauses (a) and (b), at the same rates as are admissible to a Judge when he travels on duty and the provisions of clause (c) of sub-rule (1) of rule 2 shall, as far as may be, apply] (c) for transportation of one motor car, by passenger train 53[53][at Railway risk] or steamer at owners risk; and (d) for transportation of other personal effects, not exceeding the expenditure which would be incurred in the transport of 54[54][a full wagon] and the expenditure incurred in loading and unloading such personal effects; 55[55][(e) a lump-sum transfer grant and packing allowance at the same rates as are admissible to All India Service Officers holding the post of Secretary to the Government of India.] Provided that the above entitlement will lapse if the journey is not completed by the Judge within
49[49].

Original clause 7-D inserted by G.S.R. 891 dated 19-3-1969, remembered as 7-C by G.S.R. 1194(E) dated 7-111986. 50[50]. Substituted by G.S.R. 717(E) dated 4-12-1990. 51[51]. Inserted by G.S.R. 717(E) dated 4-12-1990. 52[52]. Inserted by G.S.R. 344(E) dated 18-5-1976. 53[53]. Inserted by G.S.R. 914(E) dated 6-9-1980. 54[54]. Substituted by G.S.R. 344(E) dated 18-5-1976. 55[55]. Substituted by G.S.R. 1194(E) dated 7-11-1986.

six months from the date of his retirement. Members of his family may follow him within six months or precede him by not more than one month. The period of six month, or one month, as the case may be shall count from the date of retirement of the Judge: 56[56][Provided further that the amount of travelling allowance admissible to the Judge under clause (a) and (b) of the above rules shall be reduced by the amount claimed by the Judge as travel concession under rule 7-A if the amount claimed by the Judge as travel concession related to the journeys performed by him and the members of his family during one year preceding the date of retirement of the Judge.] 57[57][ * * * ] 8. Repeal and Savings(1) The High Court Judges (Part-A States) Travelling Allowance Rules, 1950, are hereby repealed. (2) Notwithstanding such repeal, nothing contained in these rules shall have effect so as to give to a Judge who is serving as such at the commencement of these rules less favourable terms in respect of his travelling and daily allowances than those to which he would be entitled if these rules had not been made.

56[56]. 57[57].

Inserted by G.S.R. 426(E) dated 11-7-1990. Rules 7-E omitted by G.S.R. 1194(E) dated 7-11-1986.

Appendix G

Standards of Professional Conduct and Etiquette to be Observed by Advocates

Standards of Pr ofessiona l Conduct and Etiquette

(Made by the Bar Council of India under Section 49(1 )(c) of the Advocates Act, 1961)

An Advocate shall, at all times, comport himself in a manner befitting his status as an officer of the Court, a privileged member of the community, and a gentleman, bearing in mind that what may be lawful and normal for a person who is not a member of the Bar, or for a member of the Bar in his nonprofessional capacity may still be improper for an advocate. Without prejudice to the generality of the foregoing obligation, an advocate shall fearlessly uphold the interests of his client, and in his conduct conform to the rules hereinafter mentioned both in letter and in spirit. The rules hereinafter mentioned contain cannons of conduct and etiquette adopted as general guides; yet specific mention thereof shall not be construed as a denial of the existence of others equally imperative though not specifically mentioned. Section IDuty to the Court 1. An advocate shall, during the presentation of his case and while otherwise acting before a Court, conduct himself with dignity and self-respect. He shall not be servile and whenever there is proper ground for serious complaint against a judicial officer, it shall be his right and duty to submit his grievance to proper authorities. 2. An advocate shall maintain towards the Courts a respectful attitude, bearing in mind that the dignity of the judicial office is essential for the survival of a free community. 3. An advocate shall not influence the decision of a Court by any illegal or improper means. Private communications with Judge relating to a pending case are forbidden. 4. An advocate shall use his best efforts to restrain and prevent his client from restoring to sharp or unfair practices or from doing anything in relation to the Court, opposing counsel or parties which the advocate himself ought not to do. An advocate shall refuse to represent the client who persists in such improper conduct. He shall not consider himself a mere mouthpiece of the client, and shall exercise his own judgment in the use of restrained language in correspondence, avoiding scurrilious attacks in pleadings, and using intemperate language during arguments in Court. 5. An advocate shall appear in Court at all times only in the prescribed dress, and his appearance shall always be presentable. 6. An advocate shall not enter appearance, act, plead or practice in any way before a Court, Tribunal or Authority mentioned in Section 30 of the Act, if the sole or any member thereof is related to be Advocate as father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, daughter-in-law or sister-in-law. 7. An advocate shall not wear bands or gown in public places other than in Courts except on such ceremonial occasions, and at such places as the Bar Council or the Court may prescribe. 8. An Advocate shall not appear in or before any Court or Tribunal or any other authority for or against an organisation or an institution, society or corporation, if he is a member of the Executive Committee of such organisation or institution or society or corporation. Executive Committee, by whatever name it may be called, shall include any Committee or body of persons which, for the time being, is vested with the general management of the affairs of the organisation or institution, society or corporation. Provided that this Rule shall not apply to such a member appearing as amicus curiae or without a

fees in a matter affecting the affairs or a Bar Council, Incorporated Law Society or a Bar Association. 9. An Advocate should not act or plead in any matter in which he himself is pecuniarily interested. Illustration I. He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt. II. He should not accept a brief from a company of which he is a director. 10. An Advocate shall not stand as a surety, or certify the soundness of surety, for his client required for the purpose of any legal proceedings. Section IIDuty to the Client 11. An Advocate is bound to accept any brief in the Courts or Tribunals or before any authority in or before which he professes to practise at a fee consistent with his standing at the Bar and the nature of the case. Special circumstances may justify his refusal to accept a particular brief. 12. An Advocate shall not ordinarily withdraw from engagements once accepted, without sufficient cause and unless reasonable and sufficient notice is given, to the client. Upon his withdrawal from a case, he shall refund such part of the fee as has not been earned. 13. An Advocate should not accept a brief or appear in a case in which he has reason to believe that he will be a witness and if being engaged in case, it becomes apparent that he is a witness on a material question of fact, he should not continue to appear as an Advocate if he can retire without jeopardising his clients interests. 14. An Advocate shall at the commencement of his engagement and during the continuance thereof, make all such full and frank disclosures to his client relating to his connection with the parties and any interest in or about the controversy as are likely to affect his clients judgment in either engaging him or continuing the engagement. 15. It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other. He shall defend a person accused of a crime regardless of his personal opinion as to the accused, bearing in mind that his loyalty is to the law which requires that no man should be convicted without adequate evidence. 16. An Advocate appearing for the prosecution in a criminal trial shall so conduct the prosecution that it does not lead to conviction of the innocent. The suppression of material capable of establishing the innocence of the accused shall be scrupulously avoided. 17. An Advocate shall not, directly or indirectly, commit a breach of the obligations imposed by Section 126 of the Indian Evidence Act. 18. An Advocate shall not, at any time, be a party to fomenting of litigation. 19. An Advocate shall not act on the instruction of any person other than his client or his authorised agent. 20. An Advocate shall not stipulate for a fee contingent on the results of litigation or agree to share the proceeds thereof. 21. An Advocate shall not buy or traffic in or stipulate for or agree to receive any share or interest in any actionable claim. Nothing in this Rule shall apply to stock, shares debentures or government securities, or to any instruments which are for the time being, by law or custom negotiable, or to any mercantile document or title to goods. 22. An Advocate shall not, directly or indirectly, bid for or purchase, either in his own name or in any other name, for his own benefit or for the benefit of any person, any property sold in the execution of a decree or order in any suit, appeal or other proceeding in which he was in any way professionally engaged. This prohibition, however, does not prevent an Advocate from bidding for or purchasing for his client any property which his client may himself legally bid for or purchase provided the Advocate is expressly authorised in writing in this behalf. 23. An Advocate shall not adjust fees payable to him by his client against his own personal liability to the client, which liability does not arise in the course of his employment as an Advocate. 24. An Advocate shall not do any thing whereby he abuses or takes advantage of the confidence reposed in him by his client. 25. An advocate should keep accounts of the clients money entrusted to him, and the accounts

should show the amounts received from the client or on his behalf, the expenses incurred for him and the debits made on account of fees with respective dates and all other necessary particular. 26. Where moneys are received from or on account of a client, the entries in the accounts should contain a reference as to whether the amounts have been received for fees or expenses, and during the course of the proceedings, no Advocate shall, except with the consent in writing of the client concerned, be at liberty to divert any portion of the expenses towards fees. 27. Where any amount is received or given to him on behalf of his client the fact of such receipt must be intimated to the client as early as possible. 28. After the termination of the proceeding the Advocate shall be at liberty to appropriate towards the settled fee due to him any sum remaining unexpended out of the amount paid or sent to him for expenses, or any amount that has come into his hands in that proceeding. 29. Where the fee has been left unsettled, the Advocate shall be entitled to deduct, out of any moneys of the client remaining in his hands, at the termination of the proceeding for which he had been engaged, the fee payable under the rules of the Courts in force for the time being, or by then settled and the balance, if any, shall be refunded to the client. 30. A copy of the clients account should be furnished to him on demand provided the necessary copying charge is paid. 31. An Advocate shall not enter into arrangements whereby funds in his hands are converted into loans. 32. An Advocate shall not lend money to his client, for the purpose of any action or legal proceedings in which he is engaged by such client. ExplanationAn Advocate shall not be held guilty of a breach of this rule, if in the course of a pending, suit or proceedings, and without any arrangement with the client in respect of the same, the Advocate feels compelled by reason of the rule of the Court to make a payment to the Court on account of the client for the progress of the suit or proceeding. 33. An Advocate who has at any time, advised in connection with the institution of a suit, appeal or other matter or has drawn pleadings or acted for a party, shall not appear or plead for the opposite party. Section IIIDuty to Opponent 34. An Advocate shall not in any way communicate or negotiate upon the subject matter of controversy with any party represented by an Advocate except through that Advocate. 35. An Advocate shall do his best to carry out all legitimate promises made to the opposite party even though not reduced to writing or enforceable under rules of the Court. Section IVDuty to Colleagues 36. An Advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars. Advertisements, touts, personal communica-tions, interview not warranted by personal relations, furnishing or inspiring newspaper comments or procuring his photograph to be published in connection with cases in which he has been engaged or concerned. His sign-board or name-plate should be of a reasonable size. The sign-board or name-plate or stationery should not indicate that he is or has been President or Members of a Bar Council or of any Association or that he has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type of work or that he has been a Judge or an Advocate-General. 37. An Advocate shall not permit his professional services or his name to be used in aid of or to make possible, the unauthorised practise of law by any lay agency, 38. An Advocate shall not accept a fee less than the fee taxable under the rules when the client is able to pay the same. 39. An Advocate shall not enter appearance in any case in which there is already a vakalat or memo of appearance filed by an Advocate engaged for a party except with his consent, in case such consent is not produced he shall apply to the Court stating reasons why the said consent could not be produced and he shall appear only after obtaining the permission of the Court. Section IVA 40. Every advocate borne on the Rolls of a State Bar Council shall pay to the State Bar Council a

sum of Rs. 30 every third year, commencing 1st April, 1980, either at one time or in three equated instalments. 41. The aforesaid sum collected by the State Bar Council shall be credited to a separate fund to be known as Advocates Welfare Fund. 42. All sums so collected by the State Bar Council in accordance with Rule 40 shall be remitted to the Bar Council of India forthwith, which shall be credited by the Bar Council of India to a separate fund to be known as Advocates Welfare Fund. 43. Every advocate borne on the rolls of a State Bar Council shall deliver on or before 1st April every year, commencing from 1st April 1980 a declaration in the form prescribed. 44. Every Advocate borne on the Rolls of a State Bar Council shall entrol himself as member of a Bar Association within the territory over which the said Bar Council exercises, jurisdiction. Every declaration under Rule 43 above, shall be accompanied by a certificate of the Secretary of that Bar Association, certifying that he is a member and that he has paid all the dues of the Bar Association. 45. The name of every Advocate, who fails to pay the aforesaid sums within the prescribed time set out in Rule 40 or fails to file the declaration under Rule 43 or makes any false statement in the declaration under Rule 43 shall be removed from the Rolls of the State Bar Council. 46. Before the name of any Advocate is removed from the Rolls under Rule 45 the Secretary of the State Bar Council shall serve on the Advocate concerned a notice to show cause against the removal of his name and the cause shown, if any, shall be dealt with by the Chairman of the State Bar Council forthwith who, in his discretion, shall pass such orders as he thinks fit. Section VDuty in Imparting Training 47. It is improper for an Advocate to demand or accept fees or any premium for any person as a consideration for imparing in law under the rules prescribed by the Bar Council to enable such person to qualify for enrolment under the Advocates Act, 1961. Section VIDuty to Render Legal Aid 48. Every Advocate shall in the practice of the profession of law bear in mind that any one genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay for it fully or adequately and that within the limits of an Advocates economic condition, free legal assistance to the indigent and oppressed is one of the highest obligations an Advocate owes to society. Section VIIRestrictions on Other Employments 49. An Advocate shall not personally engage in any business but he may be a sleeping partner in a firm doing business provided that, in the opinion of the Bar Council the nature of the business is not inconsistent with the dignity of the profession. 50. An Advocate may be a Director or Chairman of the Board of Directors of a company with or without any ordinary sitting, fee provided none of his duties are of an executive character. An Advocate shall not be a Managing Director or a Secretary of any company. 51. An Advocate shall not be full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practise and shall, on taking up any such employment, intimate the fact to the Bar Council and shall thereupon cease to practise as an advocate so long as he continues in such employment. Nothing in this rule shall apply to Law Officer of the Central Government or the Government of a State or of any Public Corporation or body constituted by statute who is entitled to be enrolled under the rules of the Bar Council made under Section 28(2)(d) read with Section 24(1)(c) of the Advocates Act, 1961 despite his being a full-time salaried employee. 52. An Advocate who has inherited, or succeeded by survivorship, to a family business may continue it, but may not personally participate in the management thereof. He may continue to hold a share with others in any business which has descended to him by survivorship or inheritance or by will, provided he does not personally participate in the management thereof. 53. An Advocate may review Parliamentary Bills for a remuneration, edit legal text books at a salary, do press-vetting for newspapers, coach pupils for legal examinations, set and examine question papers; and subject to the rules against advertising and full-time employment, engage in broadcasting, journalism, lecturing and teaching subjects both legal and non-legal.

54. Nothing in these rules shall prevent an Advocate from accepting, after obtaining the consent of the Bar Council part-time employment provided that in the opinion of the Bar Council the nature of the employment does not conflict with his professional work and is not inconsistent with the dignity of the profession. These rules shall be subject to such directives if any as may be issued by the Bar Council of India from time to time.

CONDITIONS FOR RIGHT TO PRACTICE

1. Every Advocate shall be under an obligation to see that his name appears on the roll of the State Council within whose jurisdiction he ordinarily practices. 2. An Advocate shall not enter into a partnership or any other arrangement for sharing remuneration with any person or legal Practitioner who is not an Advocate. 3. Every Advocate shall keep informed the Bar Council on the roll of which his name stands, of every change of his address. 4. The Council or a State Council can call upon an Advocate to furnish the name of the State Council on the roll of which his name is entered, and call for other particulars. 5. (I) Any Advocate who voluntarily suspends practice for any reason whatsoever shall intimate such suspension to the State Council on the roll of which his name is entered. (2) A similar intimation shall be given by every Advocate on resumption of practice. 6. (1) An Advocate whose name has been removed by order of the Supreme Court or a High Court or the Bar Council as the case may be, shall not be entitled to practise the profession of law either before the Courts and authorities mentioned under Section 30 of the Advocates Act, 1961 or in chambers, or otherwise. (2) An Advocate who is under suspension, shall be under same disability during the period of such suspension as an advocate whose name has been removed from the roll. 7. A person, who has held judicial/quasi judicial office in any part of the Union Territory of Delhi at any time within two years immediately preceding his retirement or otherwise ceasing to be in service, shall not practise for a period of two years from the date of his retirement or ceasing to be in service as the case may be in the territory of Delhi. Provided that nothing in this Rule shall prevent any such person from practising in any Court of Superior jurisdiction to the one in which he held the office. ExplanationA Court of Sessions, a District Court or the City Civil Court shall be a Court of Superior jurisdiction in relation to a Magistrates Court or Small Causes Court, even though no appeal may lie from the latter to the former. 8. No Advocate shall be entitled to practise if in the opinion of the Bar Council he is suffering from such contagious disease as makes his practice of law a hazard to the health of others. This qualification shall last for such period as the Bar Council directs from to time.

PART II

RULES RELATING TO SPECIAL JURISDICTION IN DELHI HIGH COURT

(Volume II of High Court Rules and Orders)

CHAPTER 1
Ch. 1

Rules Under Special Acts

Part A

Part A RULES UNDER THE COMPANIES ACT Rules made by the High Court under the powers conferred by Section 246 of the Indian Companies Act, 1913
1

General

1. The following shall be used as general heading in all cases under the Indian Companies Act in the [. . . . . . . . . . . . .] High Court and the Courts subordinate thereto and for all advertisements, notices, etc. In the [. . . . . . . . . . .] High Court at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Or, in the Court of the District Judge at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In the matter of the Indian Companies Act, VII of 1913, and of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limited . . . . . . . . . . . . . . . . . . . . . . Petition under section(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of the Act, for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Petitioners(s). Versus . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent(s) 2. Petitions and formsAll applications under the Indian Companies Act shall be made by petition duly verified by affidavit and forms in the appendix, where applicable, or forms of the like character, with such variations as circumstances may require, shall be used.

Winding up

3. Form of petitions for winding up a companyEvery petition for the winding up of a company by the Court or subject to the supervision of the Court shall be in Form No. 1, 2 or 3 in the appendix, as the case may be. 4. Verification of petitionEvery petition for the winding up of any company by the Court or subject to the supervision of the Court shall be verified in the prescribed form. Such verification shall be made by the petitioner or by one of the petitioners (if more than one), or if by reason of absence or other good cause any person by whom or on whose behalf such petition is presented is unable himself to verify the same, the Court may permit some other competent person to verify the petition. In case the petition is presented by any company, the allegations therein shall be verified by some Director, Secretary or other principal officer of the company. Such verification shall be made and filed within four days after the petition is presented and such verified statement shall be sufficient prima facie evidence of the statement in the petition. (Form No. 4.) 5. Directions on admissionUpon the admission of the petition, the Judge shall fix a date for the hearing thereof and give directions as to the advertisement to be published and as to the person on whom copies are to be served. 6. Advertisement(i) In the absence of any direction to the contrary, the petition for the winding up of any company by the Court, or subject to the supervision of the Court, shall, after admission, be advertised fourteen clear days before the hearing, once in the local official gazette and once at least in two newspapers. (ii) The advertisement shall state the date on which the petition was presented, the name and address of the petitioner and of his pleader or agent, if any. (Form 5) 7. Service of noticeEvery such petition shall, unless presented by the company, be served at the registered office (if any) of the company, and where there is no registered office, then at the principal or last known principal place of business of the company, if any such place can be found, by leaving a copy with any Director, Officer or servant of the Company, there, or in case no such Director, Officer or servant can be found there, then by being left at or affixed to the door or wall of such registered office or principal place of business, or being served in such other manner as the Judge may direct. Every petition for the winding up of a company subject to the supervision of the Court shall also be served upon the Liquidator (if any) appointed for the purpose of winding up the affairs of the company. So also every petition for compulsory winding up of a company shall be served upon the Liquidator (if any), who may have been appointed to act in a voluntary winding up or winding up under supervision, as the case may be. 8. Notice by person who intends to appearEvery person who intends to appear on the hearing of a petition for winding up shall serve on, or send by post to, the Deputy Registrar (Judicial) of the Court, notice of his intention. The notice shall contain the address of such petitioner and shall be signed by him or by his agent or counsel and shall be served 7 days before the day appointed for hearing of the petition. A person who has failed to comply with this rule

shall not, without the special leave of the Court, be allowed to appear on the hearing of the petition. (Form No. 8) 9. Copy of petition to be furnishedEvery contributor or creditor of the company shall, on application to the Court in which the petition is presented, be entitled to be furnished with a copy of the petition on payment of the usual and customary fees for copies of documents in such Court, and such copies shall be furnished within three days after the same shall have been applied for. 10. AffidavitsAn affidavit intended to be used in support or opposition of the petition that the company be wound up by or subject to the supervision of the Court, shall be filed after notice to the opposite party 7 clear days before the date of hearing of the petition. (b) An affidavit in reply, to an affidavit filed in support or opposition of the petition, shall be filed two clear days before the date of hearing of the petition and after notice to the opposite party. (c) Any other affidavit may be filed at any stage of the proceedings with the permission of the Court and notice of any such affidavit shall be given, on the date on which it has been filed, to the party against whom it is intended to be used. 11. Petition not to be dismissed if the petitioner does not desire to prosecute it(i) Where a petitioner consents to withdraw his petition or to allow it to be dismissed or fails to appear in support of his petition when it is called on in the Court on the day originally fixed for the hearing thereof or on any day to which the hearing has been adjourned or, if appearing, does not apply for an order in the term of the prayer of his petition, the Court may, upon such terms as it may think just, substitute as petitioner any other person who, in the opinion of the Court, has a right to present petition for winding up and who is desirous of prosecuting the petition. (ii) Where the Judge allows a person to be substituted as petitioner in an application for the winding up of the company, he shall adjourn the hearing of the petition to a date to be fixed by him. Such person shall within seven days from the making of the order file a fresh petition with such amendment as he desires to incorporate therein and shall also file an affidavit setting out the ground upon which he supports the petition. The amended petition shall be treated as the petition for the winding up of the company, and shall not require any stamp. 12. Death of petitionerIf the petitioner dies before the hearing of the petition, his legal representatives may obtain an order to carry on the petition or the Court may, upon such terms as it may think just, substitute as petitioner any other person who in the opinion of the Court has a right to present a petition for winding up and who is desirous of prosecuting the petition. In the latter case, the provisions of Rule 11 (ii) shall apply. 13. Winding up order to be filed with RegistrarOn the making up of a winding up order, it shall be the duty of the petitioner in a winding up proceedings and of the Official Liquidator of the company to file with the Registrar of Joint Stock Companies a copy of the order within a month from the date of the winding-up order. (Form Nos. 9 and 10)

14. Order of winding up to be advertisedEvery order for winding up of a company by the Court or subject to the supervision of the Court shall, within two weeks after the date thereof, be advertised once in the same papers and Gazette in which the notice of the winding up petition appeared unless the Court otherwise directs and shall be served upon such person or persons (if any) and in such manner as the Court may direct. (Form No. 11) 15. Appointment of Provisional Liquidator(a) After the presentation, of a petition, upon the application of the company or any person entitled to present the petition and upon proof by affidavit of sufficient ground for the appointment of a Provisional Liquidator, the Court, if it thinks fit, and upon such terms as in the opinion of the Court shall be just and necessary, may make the appointment, but shall before making any appointment give notice to the company unless it thinks fit to dispense with the notice. (Form No. 12) (b) The Court may appoint the Official Receiver attached to the Court or any other person or persons to be the Provincial Liquidator. (c) Unless otherwise ordered, a person appointed to be Provisional Liquidator, if he is not the Official Receiver, may be required to give security. (d) The order of appointment of Provisional Liquidator shall state the nature of the property of which the said Provisional Liquidator is ordered to take possession and the duties to be performed by him or them. (Form No. 13) (e) When an order for the appointment of a Provisional Liquidator prior to the making of an order for winding up has been made, the Deputy Registrar (Judicial) of the Court shall forthwith send by post or otherwise to the person or persons so appointed two copies of the order duly sealed with the seal of the Court. The Provisional Liquidator shall cause one of such copies to be served upon the company. (f) The Provisional Liquidator so appointed shall from time to time take instructions from the Court as to the manner in which the duties are to be performed by him. (g) The Provisional Liquidator so appointed, unless otherwise ordered, shall as far as possible submit a report to the Court, as to the affairs of the company before the hearing of the petition for winding up. (h) The costs and charges properly incurred by the Provisional Liquidator and also his remuneration as fixed by the Court shall be paid out of the assets of the company and in the event of there being not available assets of the company, the Court may direct such charges, etc., to be paid by the petitioner. (i) The Provisional Liquidator, until an Official Liquidator is appointed by the Court, shall keep a book to be called the Cash Book, in which he shall enter from day to day all receipts and payments.

(j) The costs and charges ordered to be paid by the petitioner under clause (h) above, shall be a first charge on the assets of the company when a winding up order is made. (k) If no order for winding up is made upon the petition, the costs and charges incurred by the Provisional Liquidator shall be paid by the petitioner, unless otherwise ordered by the Court. 16. Rules applicable to Provisional Liquidators(a) All the rules relating to Official Liquidators shall, so far as the same are applicable and subject to the directions of the Judge, apply to Provisional Liquidators. (b) All the Rules relating to Official Liquidators shall, so far as the same are applicable and subject to the directions of the Judge, apply to the Liquidator of a company under supervision of the Court in addition to the following directions : (1) The liquidator shall furnish a report of progress every six months. (2) Accounts shall be prepared and audited at least once per annum. (3) All accounts shall be filed within one month of the completion of the audit. (4) The appointment of the auditors must have the approval of the Court. (5) All compromises must be recommended by the Liquidator and be approved by the Court. 17. Official Receivers duty on appointment of another person as Official Liquidator Where the Official Receiver has acted as Liquidator and thereafter a Liquidator is appointed by the Court who has notified his appointment to the Registrar of Companies and given security to the Court, the Official Receiver shall forthwith put the Liquidator into possession of all property of the Company of which the Official Receiver may have custody. It shall be the duty of the Official Receiver, if so requested by the Official Liquidator, to communicate to the Liquidator all such information respecting the estate and affairs of the company as may be necessary or conducive to the due discharge of the duties of the Official Liquidator. 18. Appointment of Official LiquidatorThe Court may appoint a person other than the Official Receiver to the office of Official Liquidator without any previous advertisement or notice to any party or may fix a time and place for the appointment of an Official Liquidator. 19. Advertisement for the appointment of Official LiquidatorWhen a time and place are fixed for the appointment of an Official Liquidator, such time and place shall be advertised in such manner as the Judge shall direct, so that the first or the only advertisement shall be published within fourteen days and not less than seven days before the day so fixed. (Form No. 17)

20. Order appointing Official LiquidatorThe Official Liquidator shall be appointed by order, and unless he shall have given security or unless security shall have been dispensed with, a time shall be fixed by such order within which he is to do so. (Form No. 18) 21. Order to be served on the companyIf the company is not the petitioner or does not appear at the hearing the order shall be served upon the company. 22. Order to be advertisedIn the absence of any directions as to advertisement, the order shall, within fourteen days after the order shall have been sealed, be advertised by the petitioner or the substituted petitioner, as the case may be, once in the local Official Gazette and shall be served upon such person and in such manner as the Judge may direct. The form of advertisement shall be in Form No. 22. 23. The Official Liquidator shall present to the Court accounts of his Receipts and Payments drawn up to 31st December and 30th June by 31st January and 31st July, respectively, each year. All money received by the Official Liquidator shall be paid in a scheduled Bank, as defined in clause (e) of Section 2 of the Reserve Bank of India Act, 1934, immediately after the receipt thereof to the account of the Official Liquidator of the company and an account shall be opened there accordingly. A copy of the order duly sealed with the seal of the Court shall be lodged with such scheduled Bank. 24. Security of Official LiquidatorEvery Official Liquidator shall given security by entering into a recognizance with one or more sufficient sureties or by depositing Government Securities in such sum as the Court may approve, provided that the Court may, if it thinks fit, dispense with such security. (Form Nos. 19 and 20) 25. Security to be certifiedWhen an Official Liquidator has given security pursuant to the direction in the order appointing him, the same shall be certified by the Judge or the Registrar of the Court. (Form No. 21) 26. Copy of order to be filed with Registrar of CompaniesA certified copy of the order appointing an Official Liquidator shall be filed by him with the Registrar of Joint Stock Companies within ten days of the same being made. 27. Advertisement of appointment madeEvery appointment of an Official Liquidator shall be advertised in such manner as the Judge shall direct immediately after he has been appointed and has given the required security. (Form No. 22) 28. Failure to furnish securityIf the Official Liquidator fails to furnish the required security within the time ordered or within any extension thereof, the Judge may rescind the order of appointment and make such other appointment and such order as to costs as he considers fit and proper.

29. Failure to maintain securityIf the Official Liquidator fails to maintain the security ordered to be furnished, the Judge may remove him and make such other appointment and such order as to costs as he may think fit. 30. Security increasedIf it shall appear at any time that the security furnished by the Official Liquidator is inadequate or excessive, the Judge may, upon the application of the Official Liquidator or of a creditor or contributory, order that the security be increased or reduced in amount. 31. Summons for direction to be taken out by the Official LiquidatorWithin fourteen days or such less time as the Judge may direct after the winding up order shall have been sealed, a summons for directions shall be taken out by the Official Liquidator, if appointed, otherwise, by the petitioner. Upon the hearing of such summons, directions shall be given by the Judge in respect of such matters as he shall deem necessary or expedient including any of the following matters : (a) The appointment of an Official Liquidator (if not already appointed or if appointed temporarily), (b) Delegation under Section 246 of the Act of the powers of the Court, (c) Proof of debts, (d) Settlement of the list of contributories, (e) Powers of the Official Liquidator in respect of matters specified in Section 179 of the Act. The further proceedings under the orders shall be continued by adjournment of such summons and save as otherwise provided by these rules, all applications by an Official Liquidator, creditor or contributory, shall be made by restoration of such summons supported by affidavit; provided that the Judge may direct the service or re-service of such summons or of a further summons on any person. 32. Applications by Official LiquidatorAll applications by an Official Liquidator shall be made on notice to such persons as may be affected by the order sought for and to such persons as the Court may direct. 33. Vacancy in office of LiquidatorIn case of the death, removal or resignation of an Official Liquidator another shall be appointed in his place in the same manner as directed in the case of a first appointment, and proceedings for that purpose may be taken by such party interested as may be authorised by the Judge to take the same. 34. Fresh security when requiredThe Official Liquidator shall on each occasion of passing his accounts, and also whensoever the Judge may so require, satisfy the Judge by a duly sworn affidavit (or by oral evidence if so required), that his sureties are living and resident in India and have not become insolvent or been adjudged bankrupt, and in default thereof he may be required

to enter into fresh Security or to deposit Government securities within such time and to such amount as may be directed. 35. Remuneration of Official Liquidatorhow allowed or paidThe Official Liquidator shall be allowed in his account or otherwise paid such amount by way of salary or remuneration as the Judge may direct and such remuneration may be fixed either at the time of his appointment or thereafter and may be altered. Such remuneration may be fixed or altered to cover or exclude the employment of assistants or clerks, office rent and incidental expenses. No money shall be appropriated to such remuneration, save upon the passing of an account or upon an application by the Official Liquidator for that purpose on notice to such person (if any) and supported by such evidence as the Judge may direct, provided, nevertheless that the Judge may, from time to time, allow an Official Liquidator to appropriate such sum as he may think fit on account of remuneration to be thereafter fixed. 36. Time for payment of remunerationThe remuneration of an Official Liquidator, as far as possible, shall be fixed in the nature of a commission or percentage of which one part shall be payable on the amount realized after deducting the sum (if any) paid to secured creditors (other than debenture-holder), out of the proceeds of their securities and the other part on the amount distributed in dividends. 37. Official Liquidators chargesWhere an Official Liquidator receives remuneration for his services as such; no payment shall be allowed in his accounts in respect of the performance by any other person of the ordinary duties which are required by the Act or these rules to be performed by him. 38. Preparation of list of companys PropertyUnless the Court shall otherwise direct, the Liquidator, as soon as he takes over charge, shall make a list of all the property (movable as well as immovable) belonging to the company, in duplicate, which shall be signed by two or more past officers of the company as well as the Liquidator who shall file one copy of the list with the Court. 39. Duties of Official Liquidator(1) The Official Liquidator shall with all convenient speed, after he is appointed, proceed to make up, continue, complete and rectify the books of account of the company, and shall provide and keep such books of account as shall be necessary, or as the Judge may direct, for the purposes aforesaid and for showing the debts and credits of the company including a ledger which shall contain separate account of the contributories and in which every contributory shall be debited from time to time with the amounts payable by him in respect of any call to be made as provided by the Act and these rules. (2) The Official Liquidator shall keep a book to be called the Record Book in which he shall record all minutes, all proceedings and resolutions passed at any meeting of creditors or contributories or of the Advisory Committee, if any, and, subject to the orders of the Court, all such matters as may be necessary to give a correct view of his administration of the Companys affairs, but he shall not be bound to insert in the Record Book and document of a confidential nature (such as the opinion of Council on any matter affecting the interest of the creditors or

contributories) nor need he exhibit such documents to any person other than a member of the Advisory Committee, if any. (3) The Official Liquidator shall keep a book (or continue one left by the Official Liquidator, if any) to be called the Cash Book in which he shall enter from day to day the receipts and payments made by him. (4) Where the Official Liquidator is authorised to carry on the business of the company, he shall keep separate books of account in respect of such business. 40. Reports of the Official Liquidator(1) Unless the Judge otherwise directs, at the end of three months after the order for winding up of a company, the Official Liquidator shall file in Court a report of the progress of the winding up and thereafter similar reports shall be filed every three months until the winding up proceedings are concluded. (2) In particular and without prejudice to the generality of the foregoing sub-rule such reports shall mention the following matters: (a) Settlement of lists of contributories, (b) Calls, (c) Proofs and debts, (d) Meetings of creditors and resolutions passed therein, (e) Properties that have come into the hands of the Official Liquidator, (f) Outstandings that have been recovered and that remain to be recovered. (g) Dividends declared, and (h) Receipts and payments under appropriate heads. 41. Official Liquidator to file the reportThe Official Liquidator shall submit a report stating the facts and matters which he may desire to bring to the notice of the Court, and he may apply to the Court to fix a day for the consideration of the same and on such application the Court shall appoint a day on which the report shall be considered. 42. Consideration of the reportThe consideration of the report shall be before the Judge of the Court and the Official Liquidator shall personally or by counsel attend the consideration of the report and give to the Court any further information or explanation with reference to the matters stated in the report which the Court may require. 43. Disposal of BooksThe Judge may, at any time during the progress of the liquidation, on the application of the Official Liquidator, give directions as to the disposal of such of the books,

papers and documents of the company or of the Official Liquidator as are no longer required for the purpose of the liquidation. 44. Unauthorised benefitAn Official Liquidator shall not, without the sanction of the Judge, give up or agree to give up any part of his remuneration to any person. 45. Restriction on purchase of goods by LiquidatorWhere the Official Liquidator carries on the business of the company, he shall not, without the express sanction of the Court, purchase goods for the carrying on of such business from any person whose connection with the Liquidator is of such a nature as would result in the Liquidator obtaining any portion of the profit (if any) arising out of the transaction. 46. Dealing with the assetsNeither the Official Liquidator, nor any member of the Committee of inspection, if any, shall, while acting as Liquidator or member of such Committee, except by leave of the Court, either directly or indirectly by himself or any partner, clerk or servant, become purchaser of any part of the companys assets. 47. Liquidator as an Officer of the CourtThe duties imposed on the Court by Section 184(1) of the Act in a winding up by the Court with regard to the collection of the assets in discharge of the companys liabilities shall be discharged by the Official Liquidator as an Officer of the Court subject to the control of the Judge. 48. Enforcement of the powers of Liquidator in relation to assetsFor the purpose of the discharge by the Official Liquidator of such duties the Official Liquidator shall, for the purpose of acquiring or retaining possession of the property of the company, be in the same position as if he were a Receiver of property appointed by the Court, and the Judge may, on his application, enforce such acquisition or retention accordingly. 49. Funds not available for winding up proceedingsWhen the Official Liquidator takes charge of the company and finds that there are no funds available to carry on the winding up proceedings, he shall move the Court for directions in the matter. The Court shall direct the issue of notice to the person or persons who applied for the winding up order, and the secured creditors, if any, so as to find out their wishes in the matter and require them to show cause why they should not be made to pay a reasonable amount to carry on the winding up proceedings, and after hearing them and the Official Liquidator, the Court may direct any of them to pay a reasonable amount to Official Liquidator to meet the necessary expenses. The amount so advanced shall be a first charge on the assets of the company. 50. Rules re: Joint Official LiquidatorsWhere Joint Official Liquidators are appointed the rules relating to the Official Liquidator shall be applicable mutatis mutandis. 51. Cases under Section 179The direction or sanction of the Judge for any proceedings or act to be taken or done by the Official Liquidator under the powers conferred on him by Section 179 shall (subject to the provisions of Section 180 of the Act), be obtained upon application in writing and an order shall be drawn up thereon, unless the Judge shall otherwise direct.

Statement of Affairs

52. Extension of time for submitting Statement of affairs(a) When any person requires an extension of time for submitting the statement of affairs under Section 177A of the Act, he shall apply to the Official Liquidator who may, if he thinks fit, give a written certificate extending the time, which certificate shall be filed with the proceedings in the winding up and shall render an application to the Court unnecessary. (Form No. 16) (b) Where the Official Liquidator refuses to grant an extension of time for submitting the statement of affairs, the person required to submit the statement may, on notice to the Official Liquidator, apply to the Judge. 53. Failure to comply with Section 177AIf any person or persons fail to comply with the provisions of Section 177A of the Act, the Liquidator shall report the matter to the Court which may take action against the defaulting person or persons, either under sub-clause 5 of Section 177A of the Act or may make an order upon the said person or persons compelling him or them to comply with the said provisions of the Act. (Form No. 15) 54. Preparation of the statement of affairs(1) The statement of affairs under Section 177A of the Act shall be made out in duplicate and shall be submitted to the Official Liquidator within the time prescribed or within such extended time as the Official Liquidator or the Judge may, for special reasons, appoint. One copy of the statement shall be verified by an affidavit. The Official Liquidator shall cause the verified statement to be filed in Court and shall retain the duplicate thereof for his record. (2) The Official Liquidator may from time to time hold personal interview with person who may be able to give some information about the companys affairs for the purpose of investigating the companys affairs and it shall be the duty of every such person to attend the Liquidators office at such time and place as the Liquidator may appoint and give all information that he may require.
Committee of Inspection

55. Difference between the resolutions of the meetings of the creditors and contributories Where there is a difference between the resolutions of the meetings of the creditors and contributories held under Section 178A (1) and (2), the Judge shall, on the application of the Official Liquidator, fix a time and place for consideration of the resolution and make such order as may be necessary. When the time and place has been fixed for the consideration of the resolutions and determinations of the meetings, such time and place shall be advertised by the Liquidator in such manner as the Judge may direct. (Form No. 23) On the date fixed, the Judge shall hear the Liquidator and any creditor or contributory who may appear on the application.

56. Committee of Inspection not to make profitNo member of the Committee of Inspection shall except under and with the sanction of the Court, directly or indirectly by himself or any employer, partner, clerk, agent or servant, be entitled to derive any profit from any transaction arising out of the winding up or to receive out of the assets any payment for services rendered by him in connection with the administration of the assets, or for any goods supplied by him to the Liquidator for or on account of the company. If it appears that any profit by or payment to any member or members of the Committee of Inspection has been made contrary to the provisions of this rule, the Court may recover such profit, or disallow such payment as the case may be. 57. Costs of obtaining sanction of CourtIn any case in which sanction of the Court is obtained under the proceeding rule, the costs of obtaining such sanction shall be borne by the person in whose interest such sanction is obtained and shall not be payable out of the companys assets. 58. Sanction of payment to CommitteeWhere the sanction of the Court to a payment to a member of a Committee of Inspection for services rendered by him in connection with the administration of the companys assets is obtained, the order of the Court shall specify the nature of the services, and such sanction shall only be given where the service performed is of a special nature. Except by the express sanction of the Court, no remuneration shall, under any circumstances, be paid to a member of a Committee for services rendered by him in the discharge of the duties attaching to his office as a member of such Committee.
Meetings

59. Summoning of meetings of creditors and contributoriesThe meetings of creditors and contributories shall be summoned as hereinafter provided. The notices of meetings of creditor and contributories shall be in forms appended thereto, and the notices to creditors shall state a time within which the creditors must lodge their proof in order to entitle them to vote at the meeting. (Forms Nos. 23 to 27) 60. Liquidators meeting of creditors and contributoriesIn addition to the meeting of the creditors and contributories held under Section 174 or Section 178A of the Act (hereinafter referred to as Court meetings of creditors and contributories), the Liquidator in any winding up by the Court may himself, from time to time, subject to the provisions of the Act and the control of the Court, summon, hold and conduct meetings of the creditors or contributories (hereinafter referred to as Liquidators meetings of creditors and contributories) for the purpose of ascertaining their wishes in all matters relating to the winding up. 61. Summoning of meetingsThe Official Liquidator shall summon all meetings of creditors and contributories by giving not less than 7 days notice of the time and place thereof in a newspaper directed by the Court, and shall not less than 7 days before the day appointed for the meeting send by post to every person appearing by the companys books to be a creditor of the company notice of the meeting of creditors and to every person appearing by the companys books or otherwise to be a contributory of the company notice of the meeting of the contributories.

The notice to each creditor shall be sent to the address given in his proof or, if he has not proved, to the address given in the statement of affairs of the company, if any, or to such other address as may be known to the person summoning the meeting. The notice to each contributory shall be sent to the address mentioned in the companys books as the address of such contributory or to such other address as may be known to the person summoning the meeting. 62. Proof of noticeA certificate or affidavit by the Liquidator or his clerk, that the notice of any meeting has been duly posted, shall be sufficient evidence of such notice having been duly sent to the person to whom the same was addressed. (Forms Nos. 28 and 29) 63. Place of meetingEvery meeting shall be held at such place as is in the opinion of the Official Liquidator most convenient for the majority of the creditors or contributories or both. Different times or places may, if thought expedient, be named for the meeting of creditors and for the meeting of the contributories. 64. Costs of calling meetingThe costs of summoning a meeting of creditors or contributories at the instance of any person other than the Official Liquidator shall be paid by the persons at whose instance it is summoned and who shall, before the meeting is summoned, deposit with the Official Liquidator such sum as may be required by the Official Liquidator as security for the payment of such costs. The said costs shall be repaid out of the assets of the company, if the Court shall, by order, so direct. 65. Chairman of meetingWhere a meeting is summoned by the Official Liquidator, he or some one nominated by him shall be Chairman of the meeting. At every other meeting of the creditors or contributories, the Chairman shall be such person as the meeting, by resolution, shall appoint. 66. Ordinary resolution of creditors and contributoriesAt a meeting of creditors a resolution shall be deemed to be passed when a majority in value of the creditors present personally or by proxy and voting of the resolution have noted in favour of the resolution, and at a meeting of the contributories a resolution shall be deemed to be passed when a majority in value of the contributories present personally or by proxy and voting on the resolution have voted in favour of the resolution, the value of the contributories being determined according to the number of votes conferred on each contributory by the regulations of the company. 67. Copy of resolution to be filedThe Official Liquidator shall file with the Registrar of Joint Stock Companies and also in Court a copy certified by him of every resolution of a meeting of creditors or contributories in a winding up by the Court. 68. Non-receipt of notice by a creditorWhere a meeting of creditors or contributories is summoned by notice, the proceedings and resolutions at the meeting shall, unless the Court otherwise orders, be valid notwithstanding that some creditors or contributories may not have received the notice sent to them. 69. AdjournmentsThe Chairman may, with the consent of the meeting, adjourn it from time to time and from place to place, but the adjourned meeting shall be held at the same place as the

original meeting unless in the resolution for adjournment another place is specified or unless the Court otherwise orders. 70. QuorumA meeting may not act for any purpose except the election of a Chairman, the proving of debts and the adjournment of the meeting unless there are present or represented there at least three creditors entitled to vote or three contributories, or all the creditors entitled to vote or all the contributories, if the number of creditors entitled to vote or the contributories, as the case may be, shall not exceed three. If within half-an-hour from the time appointed for the meeting a quorum of creditors or contributories is not present or represented, the meeting shall be adjourned to the same day in the following week at the same time and place or to such other day or time or place as the Chairman may appoint, but so that the day appointed shall not be less than 7 or more than 21 days from the day from which the meeting was adjourned. 71. Creditors entitled to voteIn the case of meeting of creditors held under Section 178A or of an adjournment thereof, a person shall not be entitled to vote as a creditor unless he has duly lodged with the Official Liquidator not later than the time mentioned for that purpose in the notice convening the meting a proof of the debt which he claims to be due to him from the company. In the case of a Court meeting or Liquidators meeting of creditors a person shall not be entitled to vote as a creditor unless he has lodged with the Official Liquidator a proof of the debt which he claims to be due to him from the company and such proof has been admitted wholly or in part before the date on which the meeting is held. Provided that this and the next four rules shall not apply to a Court meeting of creditors held prior to the meeting of creditors under Section 178A. This rule shall not apply to any creditor or class of creditors who by virtue of the rule or any directions given thereunder are not required to prove their debts. 72. Creditors may not voteA creditor shall not vote in respect of any unliquidated or contingent debt or any debt the value of which is not ascertained, nor shall a creditor vote in respect of any debt on or secured by a current bill of exchange or promissory note held by him unless he is willing to treat the liability to him thereon of every person who is liable thereon antecedently to the company, and against whom a receiving order in bankruptcy has not been made, as a security in his hand, and to estimate the value thereof and for the purpose of voting, but not for the purposes of dividend, to deduct it from his proof. 73. Vote of secured creditorsFor the purpose of voting a secured creditor shall, unless he surrenders his security, state in his proof the date when it was given and the value at which he assesses it, and shall be entitled to vote only in respect of the balance, if any, due to him after deducting the values of his security. If he votes in respect of his whole debt, he shall be deemed to have surrendered his security, unless the Court, on application, is satisfied that the omission to value the security has arisen from inadvertence. 74. Creditor required to give up securityThe Official Liquidator may within 21 days after a proof, require the creditor or give up the security for the benefit of the creditors generally on payment of the value so estimated with an addition thereto of 20 per cent, provided that where a creditor has valued the security he may, at any time before being required to give it up, correct

the valuation by a new proof and deduct the new value from his debt, but in that case the said addition of 20 per cent shall not be made if the security is required to be given up. 75. Admission and rejection of proofs for purpose of votingThe Chairman shall have power to admit or reject a proof for the purpose of voting, but his decision shall be subject to appeal to the Court. If he is in doubt whether a proof shall be admitted or rejected, he shall mark it as objected to and allow the creditor to vote subject to the vote being declared invalid in the event of the objection being sustained. 76. Minutes of meetingThe Chairman shall cause minutes of the proceedings at the meeting to be drawn up and fairly entered in a book kept for that purpose and the minutes shall be signed by him or by the Chairman of the next ensuing meeting. (Form No. 34) A list of creditors and contributories present at every meeting shall be made and kept. 77. Attendance by proxyA creditor or a contributory may vote either in person or by proxy. Where is person is authorised in manner provided by Section 80 of the Act to represent a corporation at any meeting of creditors such person shall produce to the Official Liquidator or the Chairman of the meeting a copy of the resolution so authorising him. Such copy must either be certified to be true copy by the Secretary or a Director of the Corporation. The succeeding rules as to proxy shall not (unless otherwise directed by the Court), apply to a Court meeting of creditors or contributories. 78. Form of proxiesEvery instrument of proxy shall be in accordance with the form in the appendix and every written part thereof shall be in the handwriting of the person giving the proxy or of any manager or clerk or any other person in his regular employment or of a Commissioner to administer oaths residing in the locality where such person is living or carrying on business. (Form Nos. 35, 36 or 37) 79. Form of proxy to be sent with noticeGeneral and special forms of proxy shall be sent to the creditors and contributories with the notice summoning the meeting, and neither the name nor description of the Official Liquidator or any other person shall be printed or inserted in the body of any instrument of proxy before it is sent. 80. General proxiesA creditor or contributory may give a general proxy to any person. (Form No. 37) 81. Special proxiesA creditor or contributory may give a special proxy to any person to vote at any specified meeting or adjournment thereof on all questions relating to any matter given in the agenda and arising at the meeting or adjournment thereof. (Form No. 36) 82. Proxy to Official LiquidatorA creditor or contributory in a winding up by the Court may appoint the Official Liquidator or, if there is no Liquidator, the Chairman of a meeting to act as his general or special proxy.

83. Holder of proxy not to vote on matter in which he is financially interestedNo person acting either under a general or special proxy shall vote in favour of any resolution which would directly or indirectly place himself, his partner or employer in a position to receive any remuneration out of the assets of the company otherwise than as a creditor rateably with the other creditors of the company. Provided that, where any person holds special proxies to vote for an application to the Court in favour of the appointment of himself as Official Liquidator, he may use the said proxies and vote accordingly. 84. Filling of proxiesA proxy intended to be used at a meeting of creditors or contributories held under Section 178A or on adjournment thereof, shall be lodged with the Official Liquidator not later than the time mentioned for that purpose in the notice convening the meeting or the adjourned meeting, which time shall be not earlier than 12 Oclock at the noon of the day before the day appointed for such meeting unless the Court otherwise directs. 85. Use of proxiesWhere an Official Liquidator, who holds any proxies, cannot attend the meeting for which they were given, he may, in writing, dispute some person under his official control to use the proxies on his behalf and in such manner as he may direct. 86. Filing of proxies by creditors incapable of writingThe proxy of a creditor, blind or incapable of writing, may be accepted if such creditor has attached his signature or mark thereto in the presence of a witness, who shall add to his signature his description and residence: Provided that all insertions in the proxy are in the handwriting of a witness and such witness has certified at the foot of the proxy that all such insertions have been made by him at the request and in the presence of the creditor before he attached his signature or mark. The proxy shall be witnessed by some person other than the person appointed proxy.
Debts, Claims and Proofs

87. For the purpose of ascertaining the debts due by and claims against the company and of requiring debts and claims to be proved an advertisement shall be published by the Official Liquidator in such manner as the Judge shall direct. Such advertisement shall be in Form No. 38. Unless otherwise ordered by the Judge, the fixed in the advertisement shall not be less than 14 days from the date of the publication thereof. 88. In a winding up by the Court, every creditor shall subjects as hereinafter provided prove his debt unless the Judge in any particular case shall give directions that any creditor or class of creditor shall be admitted without proof. 89. A debt may be proved in any winding up by delivering or sending through the post an affidavit. The affidavit may be made by the creditor himself or by some person authorised by or on his behalf. If made by a person so authorised, it shall state his authority and means of knowledge. 90. The affidavit proving a debt shall contain or refer to a statement of account showing the particulars of the debt and shall specify the vouchers, if any, by which the same can be

substantiated. The Liquidator to whom the proof is sent may at any time call for the production of the vouchers. 91. An affidavit proving a debt shall state whether a creditor is or is not a secured creditor. Where a creditor seeks to prove in respect of a bill of exchange, promissory note or any other negotiable instrument or security of a like nature on which the company is liable, such bill of exchange, note, instrument or security must be produced to the Liquidator and be marked by him before the proof is admitted. Such affidavit shall be in Form No. 40. 92. No creditor need attend upon the investigation, nor prove his debt or claim unless required to do so by notice from the Official Liquidator, to be given by pre-paid letter post at the last known address of the creditor. Such notice shall be in Form No. 41. 93. A creditor so required to prove his debt or claim shall do so by affidavit to be sent by him to the Official Liquidator by registered letter post and if not made by the creditor himself such affidavit shall state the authority and means of knowledge of the deponent. Such affidavit shall contain particulars of any security held sufficient to identify the same and shall be in Form No. 40. 94. The Official Liquidator may at any time call for the production of the securities or vouchers specified in the affidavit referred to in Rule 93 and in default of such production may reject the proof. 95. The Official Liquidator shall within twenty-eight days after receiving a proof either admit or reject it wholly or in part and shall thereupon inform those creditors whose claim he wholly admits of his decision in respect of such claims. If he rejects the proof, he shall state in writing to the creditor the grounds of the rejection. 96. When the Official Liquidator has completed his investigation of all debts and claims he shall file a list thereof in Court supported by affidavit and obtain an appointment from the Judge to settle the same, and shall give not less than seven days notice of such appointment to every person included in such list except those whose claims he wholly admits stating that his debt or claim has been rejected in whole or in part, as the case may be, and requiring him to prove as much of it as has been rejected before the Judge. Such affidavit and notice shall be in Form No. 43. 97. Upon the date appointed for settlement of the list of creditors or any adjourned date, the Judge shall adjudicate thereon. 98. Such creditors as prove their debts or claims shall, unless the Judge shall otherwise direct, bear the costs of such proof. 99. The settlement of the list of debts and claims shall be recorded in a certificate signed by the Judge in Form No. 45.

100. If the Official Liquidator is of opinion that a proof has been improperly admitted he may apply, on notice to the creditor who made the proof, to expunge the proof or reduce its amounts. 101. If the Official Liquidator declines to interfere in the matter, a creditor or contributory may apply to the Judge to expunge or reduce a proof.
List of Contributories

102. Liquidator to settle list of contributoriesThe Official Liquidator shall, with all convenient speed after his appointment, settle a list of contributories of the Company and shall appoint a time and place for that purpose. The list of contributories shall contain a statement of the address and the number of shares or the extent of interest to be attributed to each contributory, and the amount called up, and the amount paid up in respect of such shares and interest, and shall distinguish the several classes of contributories. As regards the representative contributories, the Official Liquidator shall observe the requirements of sub-section (2) of Section 184 of the Act. (Form No. 46) 103. Appointment of time and place for settlement of the list (a) The Official Liquidator shall give notice in writing of the time and place appointed for the settlement of the list of contributories to every person whom he proposes to include in the list and shall state in the notice to each person in what character and for what number of shares or interest he proposes to include such person in the list, and what amount has been called up and what amount paid up in respect of such shares or interest. (Form No. 47) (b) The notice shall be sent by registered post (acknowledgment due) unless the Court otherwise directs. 104. Settlement of the list of contributories(a) On the day appointed for settlement of the list of contributories, the Official Liquidator shall hear any person who objects to being settled as a contributory and after such hearing shall finally settle the list, which, when so settled, shall be the list of contributories of the company. (b) The Official Liquidator may, from time to time vary or add to the list of contributories, but any such variation or addition shall be made in the same manner in all respects as the settlement of the original list. (c) The list of contributories, as settled by the Official Liquidator from time to time, shall be filed in Court duly verified by his affidavit. 105. Notice to contributories of final settlement(1) The Official Liquidator shall forthwith give notice to every person whom he has finally placed on the list of contributories stating in what character and for what number of shares or extent of interest he has been placed on the list of contributories and what calls prior to liquidation are still unpaid and what are his uncalled liabilities, and in such notice inform such person that any application for the removal of his name from the list or for a variation of the list must be made to the Court on notice to the Liquidator within 30 days from the date of the service on the contributory or alleged contributory of notice of the fact that his name has been settled on the list of contributories. (Form No. 51)

(2) The Official Liquidator or his attorney shall file an affidavit of service of the above notice on all the persons included in the list. (Form No. 52) 106. Application to the Court to vary the listSubject to the power of the Court to extend the time or to allow an application to be made notwithstanding the expiration of the time limited for that purpose, no application to the Court by any person who objects to the list of contributories, as finally settled by the Official Liquidator, shall be entertained after the expiration of 30 days from the date of the service on such person of notice of the settlement of the list. 107. Endorsement by Judge on the settlement of list of contributoriesAfter the Official Liquidator has filed the list of contributories in Court and after hearing objections, if any, to the inclusion in or exclusion from the list, the Judge shall record an endorsement on the list. (Form No. 55) 108. Address of contributoriesThe address of a contributory as stated in such list shall, unless otherwise directed by the Judge, be his address for service under these rules. 109. List open to inspectionThe list of contributories referred to in the foregoing rules, will be open to inspection by any of the creditors and contributories of the company in the office of the Official Liquidator or in the Court.
Calls

110. Application for callIn a winding up by the Court an application by the Official Liquidator for leave to take a call on the contributories of a company or any of them, shall be made by petition. Upon such application the Judge, if he admits the petition, shall fix a date for the hearing thereof. Such petition shall be in Form No. 56. Notice of such date shall be given by advertisement or otherwise as the Judge may direct. No contributory shall be served with an individual notice unless the Judge shall direct and every notice and advertisement shall be given or published at least ten clear days before the date so appointed. (Form Nos. 59 and 60) 111. Service of order for call(1) When any order authorising a call has been made, a copy thereof shall forthwith be served by registered post, or as the Judge may direct, upon each of the contributories liable to pay such call together with a notice by the Official Liquidator making such call and specifying the amount due from such contributory in respect of such call. (Form Nos. 61 and 62) (2) After the despatch of the above notice to contributories, the Official Liquidator or his clerk or agent shall file in Court his affidavit showing the manner in which the service of this notice has been effected. (Form No. 63) 112. Affidavit of non-paymentFor the purpose of enforcing any order for payment of money into one of the scheduled Banks in which the Liquidator has account or in Court, an affidavit of the Official Liquidator shall be sufficient evidence of the non-payment thereof.

113. The Official Liquidators s affidavit in support of an application for an order of payment against the defaulting contributories shall be in Form No. 65.
Payment of Moneys and Deposit of Securities

114. Liquidation banking accountUpon the winding-up Order being made, the Official Liquidator shall, as soon as may be after his appointment, open an account with a scheduled Bank as defined in clause (e) of Section 2 of the Reserve Bank of India Act, 1934 as nominated by the Court, or in the case of a district Court, with that Court, in the name of the Official Liquidator of the company in liquidation. 115. Payments on account of calls, etc. how to be madeAll orders for payment of calls balances or other money due from any contributory or other person shall direct the same to be paid into the scheduled Bank, where the Official Liquidator has account under orders of the Court, or into Court, to the account of the Official Liquidator of the Company, unless on account of the smallness amount or other cause, it shall having regard to the amount of the security given by the Official Liquidator be thought proper to direct payment thereof to the Official Liquidator. Provided that where any such order has been made directing payment of a specific sum into the bank or into Court, in case it shall be thought proper for the purpose of enabling the Official Liquidator to take execution or other proceedings to enforce the payment thereof, or for any other reason, an order may, either before service of such former order or after the time thereby fixed for payment, be made without notice for payment of the same sum to the Official Liquidator. 116. Investment of moneyAll or any of the money for the time being standing to the credit of the account of the Official Liquidator at any of the scheduled Banks as defined in clause (e) of Section 2 of the Reserve Bank of India Act, 1934, where the Official Liquidator has account, or in Court, and not immediately required for the purpose of the winding up, may be invested in the purchase of Government Promissory Notes in the name of the Official Liquidator or in deposit receipt of the Bank, as aforesaid, as the Judge upon the application of the Official Liquidator may direct. All such investment shall be made upon a request signed by the Official Liquidator and countersigned by the Judge, which request shall be sufficient authority for debiting the account with the purchase-money. Such Government Promissory Notes or Deposit Receipts shall not afterwards be sold or transferred or otherwise dealt with except upon a direction for that purpose signed by the Official Liquidator and countersigned by or under an order made by the Judge. 117. Interest upon InvestmentsAll interest accruing upon any such Government Promissory Notes or Deposit Receipts shall, from time to time, be received by any of the scheduled Banks as defined in clause (e) of Section 2 of the Reserve Bank of India Act, 1934, where the Official Liquidator has account, or the Court, and placed to the credit of the account of such Official Liquidator. 118. Title of Account in BankAll moneys, bills, hundies, notes and other securities paid and delivered into any of the scheduled Banks as defined in clause (e) of Section 2 of the Reserve Bank of India Act, 1934, where the Official Liquidator has account or into Court shall be placed

to the credit of the account of the Official Liquidator of the Company, and orders for any such payment and delivery shall direct the same accordingly. 119. Bills, hundies, etc., where to be depositedAll bills, hundies, notes and other securities payable to the company or to the Official Liquidator thereof, shall as soon as they shall come to the hands of the Official Liquidator be deposited by him in any of the scheduled Banks as defined in clause (e) of Section 2 of the Reserve Bank of India Act, 1934, for the purpose of being presented for acceptance and payment, or for payment only, as the case may be, or shall be dealt with as the Court shall order. 120. Payment of moneys and deposit to securities. Default to payment into BankWhere any Official Liquidator shall not pay all the moneys received by him into any of the scheduled banks as defined in clause (e) of Section 2 of the Reserve Bank of India Act, 1934, where the Official Liquidator has account, or in the case of a District Court, into that Court, to the account of the Official Liquidator of the company, within seven days next after the receipt thereof, unless the Judge shall have otherwise directed, such Official Liquidator shall be charged in his account with rupees ten for every thousand rupees and proportionate sum for any larger amount retained in his hands beyond such period for every seven days during which the same shall have been so retained, and the Judge may, for any such retention, disallow the salary or remuneration of such Official Liquidator. 121. Drawing, accepting etc., of billsThe sanction of the Judge to the drawing, accepting, making or endorsing of any bill of exchange, hundi, promissory note, by any Official Liquidator, shall be testified by a memorandum on such bill of exchange, hundi or promissory note signed by the Judge or by the Registrar under the direction of the Judge, unless the Judge in special cases dispenses with this formality and orders otherwise. 122. On what authority moneys, etc., to be delivered by the BankNo moneys or bills, or hundies or other securities shall be paid out of the aforesaid banking account except upon cheques or order signed by the Official Liquidator.
Bad Debts

123. Writing off of amounts irrecoverableEvery application for the sanction of the Judge to write off any amount due from any contributory or other person indebted to the company shall be supported by the affidavit of the Official Liquidator stating that he has investigated the affairs of such contributory or person and that for the reasons stated he believes that the amount sought to be written off is such as is not likely to be recovered by any process of the Court.
Private Examination

124. Examination under Section 195An application for a summons under Section 195 of the Act shall be made to the Judge on petition verified by affidavit and may be made by the Official Liquidator or upon notice to the Official Liquidator, by a creditor or contributory. The person or persons to be examined will be allowed a reasonable sum of his or their expenses. The summons shall be in Form No. 74.

125. Counsels attendanceThe person so summoned will be entitled to be attended in his examination by his counsel who may with the permission of the Court put such questions as the Court may allow. 126. Who may attend the examinationAt the examination of a person summoned under the said section, the Official Liquidator and the applicant (if other than the Official Liquidator) may attend in person, or, with the sanction of the Judge, by attorney and advocate and may not such questions to the persons examined as the Judge may allow. 127. Proceedings not to be publicUnless the Judge shall otherwise order, no examination of a person summoned under Section 195 of the Act shall take place in open Court, and the note of the deposition of any person so examined, notwithstanding that such notes shall have been filed, shall not be open to the inspection of any person other than the Official Liquidator nor shall any copy thereof or extract therefrom be supplied to any person other than the Official Liquidator save upon the order of the Judge. 128. Signature of examineeNotes of the examination shall be taken in writing and shall be read over to, or by, and signed by the person examined.
Public Examination

129. Public ExaminationAn application for a summons under Section 196 of the Act shall be made to the Judge on petition duly verified by an affidavit and may be made by the Official Liquidator or, upon notice to the Official Liquidator, by a creditor or contributory. The application as well as the affidavit shall contain a brief description of the fraud alleged. The Court may after considering the petition direct the person or persons concerned to attend before the Court for examination. (Form No. 75) 130. Procedure consequent on order for public examinationWhere the Judge makes an order under Section 196 of the Act directing any person or persons to attend for public examination (a) The examination shall be held before the Judge, provided that, in the High Court, the Judge may direct that the whole or any part of the examination of any such person or persons be held before the Registrar or the Deputy Registrar. (b) The Judge may, if he thinks fit either in the order for examination, or by any subsequent order give directions as to the special matters on which any such person is to be examined. (c) Where on an examination held before any of the person mentioned in sub-section 9 of the said section, it appears to such person that the examination is being unduly or unnecessarily protracted, he may adjourn the examination of any person or any part of the examination to be held before the Judge.

131. Application for day of holding examinationUpon an order directing a person to attend for public examination being made, the Official Liquidator shall apply for the appointment of a day on which the public examination is to be held. 132. Appointment of time and place of public examinationA day and place shall be appointed for holding the public examination and notice of the day and place so appointed shall be given by the Official Liquidator or the Court, as the case may be, to the person who is to be examined, by sending such notice in a registered cover addressed to his usual or last known address. (Form Nos. 76 and 77) 133. Notice of public examination to creditors and contributories(1) The Official Liquidator shall give notice of the time and place appointed for holding a public examination to the creditors and contributories by advertisement in such newspapers as the Court or the Registrar may, from time to time, direct. (Form No. 78) (2) Where an adjournment of the public examination has been directed, notice of the adjournment shall not, unless otherwise directed by the Court, be advertised in any newspaper. 134. Default in attendingIf any person, who has been directed by the Court to attend for public examination, fails to attend at the time and place appointed for holding or proceeding with the same, and no good cause is shown by him for such failure, or if before the day appointed for the examination the Official Liquidator satisfies the Court that such person has absconded or that there is reason for believing that he is about to abscond with the view of avoiding examination, it shall be lawful for the Court, upon it being proved to the satisfaction of the Court that notice of the order and of the time and place appointed for attendance at the public examination was duly served, without any further notice, to issue a warrant for the arrest of the person required to attend, or to make such other order as the Court shall think just. (Form No. 97)
Misfeasance

135. Application against delinquent directors, officers and promotersAn application under Section 235 of the Act shall contain the particulars on which the claim is based and a copy of the application with the grounds thereof shall be served on every person, against whom an order is sought, not less than 8 days before the day named in the summons for hearing the application. Where the application is made by the Official Liquidator, he shall state the facts and information on which he proceeds, which shall be verified by an affidavit, or appear from sworn evidence in other proceedings. Where the application is made by any other person, it shall be supported by an affidavit to be filed by him. On the return of the summons, the Court may give such directions, as it shall think fit, for the hearing of the summons, the taking of evidence, wholly or in part, by affidavit or orally and counter affidavits in reply to affidavits in support of or in opposition to the application. 136. Who may appearAt the hearing, the Official Liquidator, the applicant (if other than the Official Liquidator), any other person whom the Judge may allow and any person against whom an order is sought, may appear and may do so by attorney or advocate and may put such question to any person orally examined as the Judge may allow.

Dividends

137. Sanction of dividendsNo dividend shall be declared by the Official Liquidator without the sanction of the Judge. 138. Notice of dividendNo less than one months notice shall be given by the Official Liquidator of his intention to declare and pay a dividend. Such notice shall be given by advertisement unless the Judge otherwise directs. (Form No. 80) 139. Transmission of dividend by postDividends may, at the request and risk of the person to whom they are payable, be transmitted to him by post. 140. Payment of dividend to nomineesA person to whom dividends are payable may lodge with the Official Liquidator an authority in writing to pay such dividends to another person named therein. (Form No. 82) 141. Return of capital to contributoriesEvery order, by which the Official Liquidator in a winding up by the Court is authorised to make a return to contributories of the company, shall unless the Judge otherwise directs, contain or have appended thereto a schedule or list (which the Official Liquidator shall prepare), setting out in tabular form the names and addresses of the person to whom the return is to be made, and the amount of money payable to each person, and particulars of the transfers of shares, if any, which have been made, of the variation in the list of contributories which have arisen since the date of the settlements of the list of contributories. (Form No. 83)
Compromises

142. Sanction of Judge to compromiseEvery application for the sanction of the Judge to a compromise with any contributory or other person indebted to the company shall be supported by the affidavit of the official Liquidator stating that the Official Liquidator stating that the Official Liquidator has investigated the affairs of such contributory or person and that he believes the proposed compromise to be beneficial to the company. The Official Liquidator shall also state in the application the reasons for such belief. (Form No. 85)
Services of Notices, etc.

143. Service on contributories and creditorshow effectedService upon contributories and creditors shall be effected (except when personal service is required) by sending the notice or copy of the petition, summons, order or other proceedings, through post in a registered acknowledgement due cover addressed to the party or his attorney, advocate or agent, at the address entered or last entered pursuant to Rule 108, or if no such entry has been made, then in the case of a contributory, to his last known address or place of abode, and in the case of a creditor, to the address given by him pursuant to Rule 149 and such notice or copy, summons, order or other proceedings shall be deemed to have been served at the time the same would be delivered in due course of post.

In the case of those companies in liquidation, in which the Official Liquidator has little or no funds at his disposal, the Judge may allow letters, etc., to be sent under certificate of posting and not by registered acknowledgement due post. The Judge may also permit notice, etc., to be served by hand. 144. Service not invalidated by misdescriptionNo service under these rules shall be deemed invalid by reason of any error or omission in the name, style or designation of the person on whom service is sought to be made, provided the Judge is satisfied that such person has not been prejudiced thereby. 145. To whom warrants, etc., may be addressedA warrant of arrest or any other warrant issued under provisions of the Act and rules may be addressed to the bailiff of the Court or such other Court, whether that Court has jurisdiction to wind up a company or not, as the Court may in each case direct. The officer executing any warrant or serving any notice or process, etc., shall submit an affidavit in support of his report as to the service or non-service of the Warrant, notice or process, etc.
Scheme of Composition

146. Scheme of composition(a) Every petition under Section 153 of the Act shall be verified by affidavit and duly accompanied by the relevant papers, statements, etc., in support thereof. (b) The Court may order a meeting of the creditors or any class of creditors, or of contributories or any class of contributories, or of both creditors and contributories of the company to be called, held and conducted in such manner as may be directed so as to know their wishes. (c) The Court shall, while directing a meeting of creditors or contributories or both, as the case may be, nominate a Chairman to preside over the said meeting. The Chairman so appointed may be a creditor or Contributory or Official Liquidator. The Official Liquidator shall notify by an advertisement in a paper or papers to be selected by the Court for the purpose, the date, time and place of the meeting. (Form No. 88) (d) Notice will also be sent to the class of persons required to attend the meeting by registered post. The notice shall be accompanied by a copy of the order, directing the holding of meeting, a copy of the scheme to be considered at the meeting and a form of proxy to be used by them in case they are not attending the meeting personally. (e) The result of the proceedings of this meeting shall be reported by the Chairman to the Court. (f) The Manager of the company or the Official Liquidator, or the Managers or Official Liquidators attorney or clerk, shall file an affidavit of service of notices to the creditors and contributories and of the advertisement of the dates of the meetings. (g) The Court may sanction the scheme adopted by the creditors and contributories with such modifications as it may think just and proper or may reject the same as a whole.

Attendance and Appearance

147. Cost of attendance of contributories, or creditorsEvery person for the time being on the list of contributories of the company as filed in Court by the Official Liquidator and every person whose debt or claim against the company, shall have been allowed by the Judge, shall be at liberty, at his own expense, to attend the proceedings before the Judge, and shall be entitled, upon payment of the cost occasioned thereby, to have notice of all such proceedings as he shall, by written request, desire to have notice of; but if the Judge shall be of opinion that the attendance of any such person upon any proceedings has occasioned any additional cost which ought not to have been borne by the funds of the company, he may direct such costs or a gross sum in lieu thereof to be paid by such person and such person shall not be entitled to attend any further proceedings until he has paid the same. 148. Appointment of one or more contributories or creditors as representatives of other contributories or creditorsThe Judge may from time to time appoint any one or more of the contributories or creditors, as he thinks fit, to represent before him, at the expense of the company, all or any class of contributories or creditors upon any question as to a compromise with any of the contributories or creditors, or in and about any other proceedings before him relating to the winding up of the company and may remove the person or persons so appointed. In case more than one person shall be so appointed, they shall employ the same attorney, advocate or agent to represent them. 149. Only contributories or creditors whose names are entered are entitled to attendNo contributory or creditor shall be entitled to attend any proceedings before the Judge, unless and until he has entered in a book to be kept for that purpose, his name and address and the name and the address of his attorney, advocate (pleader) or agent (if any), and upon any change of his address or of his attorney, advocate, pleader or agent, his new address and the name and address of his new attorney, advocate, pleader or agent. (Form No. 87)
Sale

150. Mode of saleAny movable or immovable property belonging to the company may with the sanction of the Judge, be sold by the Official Liquidator or an agent or auctioneer appointed by him for such purpose or, if the Judge shall so direct, in the same manner as a sale under a decree or order of the Court. 151. Any movable or immovable property belonging to the company may be sold with the approbation of the Judge in such manner as the Judge shall direct, and the Judge may, on any sale by public auction fix a reserve bidding, and unless on account of the small amount of the purchaser money or other cause, it shall (having regard to the amount of security given by the Official Liquidator) be thought proper that the purchase money shall be paid to him, all conditions and contracts of sale shall provide that the purchase money shall be paid by the respective purchasers in any of the scheduled Banks, as defined in clause (e) of the Reserve Bank of India Act, 1934, where the Official Liquidator has account. 152. Expenses of saleWhere property forming part of a companys assets is sold by the Liquidator through an auctioneer or other agent, the gross proceeds of the sale, unless the Court

shall otherwise direct, shall be paid over by such auctioneer or agent, and the charges and expenses connected with the sale shall afterwards be paid to such auctioneer or agent, if the Official Liquidator is satisfied of the correctness of such charges and expenses. Every Liquidator, by whom such auctioneer or agent is employed, shall unless the Court otherwise orders, be accountable for the proceeds of every such sale.
Advertisements

153. Advertisementhow to be publishedWhen advertisement is required for any purpose, except when otherwise directed by these rules, the advertisement shall be published as the Judge shall direct, or it may take the form of a public notification or proclamation. The Judge, however, may in such cases as he shall think fit, dispense with any advertisement required by these rules.
Application for Recovery of Money

154. Application under Section 186Every application to the Court for recovery of money due from contributories shall state particulars as nearly as in a plaint in a civil suit, and shall he accompanied by the document or copies of account supporting the claim. It shall be supported by an affidavit of the Liquidator. The further proceedings shall be of the nature of a suit as nearly as circumstances may require before a final order for payment is passed.
Registration of Petitions and Reports

155. Procedure repetitions and reports(1) All petitions shall be registered and numbered immediately on their receipt and placed before the Court for orders. (2) All reports submitted by the Liquidator, the Provisional Liquidator or the Official Liquidator shall be registered and numbered (in a register kept for the purpose) and placed before the Judge in Chamber or in Court without delay for orders. (3) The reports so received shall form part of the Court records. The Liquidator, Provincial Liquidator and the Official Liquidator, as the case may be, shall be supplied with true copies of the orders passed on the reports. 156. Notice of petition to Official LiquidatorEvery creditor or contributory or any other person connected with the affairs of the company in liquidation, who proposes to file a petition with regard to the affairs of the company, shall give notice of his doing so in writing to the Official Liquidator along with a copy of the same before filing such petition. The Official Liquidator immediately on receipt of such notice shall find out from the Court the date of hearing of such petition and shall attend duly prepared to support or oppose the same on the date of hearing. 157. Petition against the order of Official LiquidatorAn application under Section 183(5) of the Act shall be made by petition supported by an affidavit of the applicant on notice to the Official Liquidator and shall be made within 30 days from the date of the act or decision complained of. The application need not be accompanied by a copy of the order complained of.

158. Extension of timeThe Court may, in any case in which it shall see fit, extend the time appointed by the rule or fixed by any order of the Court for doing any act or taking any proceedings. 159. Applicability of rulesThese rules shall apply to proceedings under the Indian Companies Act amended by Act XXII of 1936 and the winding up proceedings continued under the Indian Companies Act VII of 1913, in pursuance of Section 246 of the Act, shall be regulated by the rules made under the Act of 1913. 160. Inspection of books by contributories and creditorsEvery contributory of the company and every creditor thereof, whose debt has been allowed, shall, subject to the order of the Court, be entitled at all reasonable times to inspect all books of accounts papers or documents relating to the winding up of the company, in the custody of the Official Liquidator, and at his own expense to take copies or extracts from the same, or to be furnished with such copies or extracts. The person intending to inspect the record or applying for copies of documents in possession of the Official Liquidator shall have to pay the same charges as are prescribed by the rules of the Court in respect of proceedings other than winding up. 161. Register of proceedingsA register shall be kept by the Court of all proceedings before the Court in each matter with proper dates, so that all the proceedings may appear consecutively and in chronological order with a short statement of the question or points decided or ruled at every hearing. 162. Taxation of costsWhere an order is made in the High Court for payment of any costs, the order shall direct the taxation thereof by the Registrar or the Deputy Registrar of the Court except in cases where a gross sum in lieu of the taxed costs is fixed by the order.
Termination of Winding-up Proceedings

163. Official Liquidator to present a balance sheet upon termination of proceedingsUpon the termination of the proceedings for the winding up of any company a balance sheet shall be brought in by the Official Liquidator showing the result of his receipts and payments, duly verified by his affidavits, and the Official Liquidator shall pass his final accounts and the balance, if any, due thereof shall be certified by the Judge, and upon payment of such balance, in such manner as the Court shall direct, the recognizance entered into by the Official Liquidator and his sureties may be vacated. 164. Judge to certify that the company has been completely wound upWhen the Official Liquidator has passed his final accounts and the balance, if any, certified to be due thereof, has been paid in such manner as the Court shall direct, a certificate shall be made by the Judge that the affairs of the company have been completely wound up, and in case the company has not already been dissolved, the Official Liquidator shall, immediately after the issue of such certificate, supply to the Judge for an order that the company be dissolved from the date of such order. (Forms Nos. 89 and 90)

165. Destruction of recordsThe record shall consist of Part A and Part B. Part A shall contain the following papers: 1. The index of papers. 2. The order sheet or chronological abstract of orders. 3. The plaint or petition together with any schedule annexed thereto. 4. The written statement. 5. The memorandum of issues with amended or additional issues, if any. 6. All depositions of witnesses. 7. All documents received by the Court during the trial as evidence between the parties other than copies of civil, revenue of municipal records. 8. Commissions, proceedings held thereunder and report of commissioners. 9. Applications to refer to arbitration, the award or other final return of the arbitration, with the proceedings depositions and documents submitted therewith, and any application to set aside the award with the Courts orders thereon. 10. Instruments of withdrawal, compromise or confession of judgment. 11. The judgment or other final order. 12. The decree or order for payment and all documents relating to the preparation or amendment thereof. 13. All notes in the handwriting of the Judge. 14. Any order by the Court accepting an application for review of judgment or for a new trial. 15. Judgments and decrees on appeal, if any. 16. All orders passed in execution proceedings with all applications, objections, writs, of which service has been effected, notices, reports and returns relating thereto. 17. All receipts and acknowledgments filed in execution proceedings. Part B shall consist of all papers not included in Part A. Destruction of judicial records, after the company has been dissolved finally, shall take effect so soon as the period for their retention under the supervision of the Record Keeper has expired.

The following instructions shall, however, be followed when destroying the records: (a) All objections and other proceedings involving the title to immovable property as well as records of attachment, sale and delivery of possession of immovable property in execution of decrees (or orders for payment) with orders passed thereon shall be preserved in perpetuity. (b) Part A of the records other than mentioned in (a) above shall be preserved for three years from the date of the final dissolution order and shall then be destroyed. (c) Part B of all cases relating to winding up shall be preserved for one year from the date of the dissolution order and shall then be destroyed. Where appeal lies, Part B shall not be destroyed until the period of limitation for the instituting of such appeal has expired, or until the appeal, of instituted has been decided. 166. When the proceedings for winding up of any company have been completed, all books, papers and documents belonging or appertaining to the company and the books containing the Official Liquidators accounts shall be deposited in Court for disposal in such manner as the Court may direct having regard to Sections 242 and 243 of the Act.
Restriction of Register of Members

167. Notice of all applications for rectification of the register of members shall be given to the company and in case of transfer of shares to the transferor or the transferee, as the case may be.
Reduction of Capital

168. An application for an order confirming the reduction of the share capital of a company shall be in Form No. 91. 169. Orders on an application for permission to dispense with the addition of the words and Reduced may be made ex parte, or the Judge may direct notice to be given of such application. 170. In a case where the creditors of a company are not entitled to object to the proposed reduction, it shall not be necessary to obtain the certificate required by Rule 180 and on the presentation of the petition the Judge shall fix a day for the hearing thereof and shall give directions as to the advertisements to be published of the presentation of the petition, so that the first or only insertion of such notice shall be made not less than fourteen days before the date fixed for the hearing. Such notice shall be in Form No. 92. 171. In a case where the creditors are entitled to object to the proposed reduction, notice of the application shall be given to the directors as to the proceedings to be taken for settling the list of creditors entitled to object and for fixing the date with reference to which the list of such creditors is to be made out. (Form No. 93) 172. In a case where the creditors are entitled to object to the proposed reduction, the company shall, within such time as the Judge shall direct, file a list containing the names and addresses of the creditors of the company at the date fixed under Rule 171 and stating the nature and amounts

of the debts due to each of them respectively or in case of any debt payable on a contingency or not ascertained or of any claim admissible to proof in a winding up of the company, the value so far as can be justly estimated of such debt or claim. Such list shall be verified by the affidavit of an officer of the company competent to make the same. Such affidavit shall be in Form No. 94. 173. Copies of such list, containing the names and addresses of the creditors and the total amount due to them, but omitting the amount due to them, respectively, or (if the Judge shall think fit) complete copies of such list shall be kept at the registered office of the company and at the office of its attorney and any person desirous of inspecting the same may, at any time during the usual hours of business, inspect and take extracts from the same on payment of the sum of one rupee. 174. The company shall, within seven days after the filing of such affidavit, or such further time as the Judge may allow, send to each creditor whose name is entered in the said list, a notice stating the amount of the proposed reduction of the capital, and the amount or estimated value of the debt or claim for which such creditor is entered in the said list. Such notice shall be sent by prepaid letter post to each creditor at his last known address. Provided that where such address is not in India, or is not known to the company, the Judge may direct notice to be given to such creditor in such manner as he may think fit. Such notice shall be in Form No. 95. 175. Notice of the filing of the list of creditors shall be advertised by the company in such manner as the Judge shall direct. Such notice shall be in Form No. 96. 176. A creditor entered in the said list who claims to be a creditor for a larger amount than that stated therein shall send his name and address and particulars of the debt or claim, and the name and address of his attorney (if any) to the attorney of the company, within the time stated in such notice being not more than fourteen days from the date of the notice or such further time as the Judge may allow. 177. The company shall, within such time as the Judge shall direct file an affidavit made by its attorney verifying a list containing the names and addresses of persons (if any) who shall have sent in particulars of their debts or claims in pursuance of the notice prescribed by Rule 175 and the amounts of such debts or claims. A competent officer of the company shall join in such affidavit proving the despatch and publications of such notices and distinguishing in such list which (if any) of such debts and claims are wholly, or as to any and what part thereof, admitted. by the company, and which (if any) of such debts and claims are wholly, or as to any and what part thereof, disputed by the company. Such affidavit shall be in Form No. 97. 178. Where any debt or claim, the particulars of which have been so sent, is not admitted by the company in full, then and in every such case, unless the company is willing to set apart and appropriate in such manner as the Judge shall direct the full amount of such debt or claim the company shall, where the Judge thinks fit so to direct, send to the creditor a notice that he is required to prove such debt or claim or such part thereof as is not admitted by the company, by affidavit by a day to be therein named being not less than fourteen days after such notice and being the time appointed by the Judge for adjudicating upon such debts and claims. Such notice

shall be sent in the manner provided by Rule 174 and shall be in Form No. 98 and such affidavit in proof shall be in Form No. 99. 179. The costs of proof of a debt or claim in pursuance of the notice prescribed by Rule 178 shall be in the discretion of the Judge. 180. The result of the settlement of the list of creditors shall be stated in a certificate which shall be prepared by the attorney of the company and signed by the Judge. Such certificate shall (1) specify debts or claims (if any) which have been disallowed; (2) distinguish (a) debts or claims the full amount of which the company is willing to set apart and appropriate, (b) debts or claims (if any) the amount of which has been fixed by inquiry and adjudication in manner provided by Section 59 of the Act, (c) debts or claims (if any) the full amount of which is not admitted by the company, and of which the company is not willing to set apart and appropriate the full amount or the amount of which has not been fixed by inquiry and adjudication as aforesaid ; (3) show (a) which of the creditors have consented to the proposed reduction, and the total amount of the debts due to them, (b) the total amount of the debts or claims the payment of which has been secured in manner provided by Section 59 of the Act and the person to or by whom the same are due or claimed. It shall not be necessary to show in such certificate the several amounts of the debts or claims of any person who has consented to the proposed reduction or the payment of whose debts or claims has been secured as aforesaid. 181. After the expiration of eight days from the filing of such last mentioned certificate, the petition shall be set down for hearing, by requisition addressed to the Deputy Registrar (Judicial) by the attorney of the company. 182. Notice of the day appointed for the petition to be heard shall, unless the Judge otherwise directs, be advertised in the same manner as the notice under Rule 176 so that the first or only advertisement shall be published not less than fourteen days before such day. Such notice shall be in Form No. 100. 183. Any creditor included in the said certificate whose debts or claims have not, before the hearing of the petition, been discharged or determined or been secured in manner provided by Section 59 of the Act and who has not before the hearing consented to the proposed reduction of capital, may appear at the hearing of the petition and oppose the application. A creditor intending so to appear shall give two days notice in writing of such intention to the attorney of the company and in default of such notice shall not without the leave of the Judge be entitled to appear. The cost of the appearance of a creditor shall be in the discretion of the Judge. 184. At the hearing of the petition the Judge may, if he thinks fit, give such directions as may seem proper with reference to the securing, in manner mentioned in Section 59 of the Act, the payment of the debts or claims of any creditors who do not consent to the proposed reduction, and the further hearing of the petition may, if the Judge thinks fit, be, adjourned for the purpose of allowing any steps to be taken with reference to the securing in manner aforesaid the payment of such debts or claims.

185. Where the Judge makes an order confirming a reduction such order shall give directions as to the manner in which, in what newspapers, and at what times notice of the registration of the order and of such minute as is mentioned in Section 61 of the Act, shall be published and (unless the addition of the words and Reduced shall have been dispensed with altogether or shall be dispensed with henceforth) shall fix the date until which the words and Reduced are to be deemed part of the name of the company as provided in Section 57 of the Act. 186. Where the Judge shall think fit to require the company to publish the reasons for the reduction of its capital, or any other information with regard thereto, or the causes which led to such reduction (as provided by Section 65 of the Act) the same shall be advertised in such newspapers, in English and in the vernacular, as the Judge shall think fit.
__________ APPENDIX FORM 1 Petition by Unpaid Creditor (Title)
In the matter of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The humble petition of (Insert full name, title, etc. of petitioner) showeth as follows : 1. The. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Company, Limited (hereinafter called the Company, was in the month of. . . . . . . . . . . . . 19. . . . . . . . . . incorporated under the Companies Act. 2. The registered office of the Company is at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. The nominal capital of the Company is Rs. . . . . . . . . divided into shares of Rs. . . . . . . each. The amount of the capital paid up or credited as paid up is Rs. . . . . 4. The objects for which the Company was established are as follows: (a) (Here set out in paragraphs the facts on which the petitioner relies), (b) (c) 5. The company is indebted to your petitioner in the sum of Rs. . . . . . . . for (state consideration for the debt with particulars so as to establish that the debt is due). 6. On the. . . . . . . . . day of. . . . . . . . . 19. . . . . . . your petitioner served [or caused to be served by (name of person)] on the company by causing the same to be delivered by registered post, or otherwise, a demand notice under his hand in the words and figures following:

(set out demand in full) 7. The Company has neglected to pay the said sum of Rs. . . . . . . . . . . . or to secure or compound for it to the reasonable satisfaction of your petitioner. 8. The Company is (insolvent and) unable to pay its debts. 9. In the circumstances, it is just and equitable that the Company be wound up. Your petitioner, therefore, humbly prays as follows: (1) That the. . . . . . . . . . . . Company Limited, may be wound up by the Court under the provisions of the Companies Act.
1

(That the voluntary winding up of the Company Limited, may be continued but subject to the supervision of the Court.) (2) Or that such other may be made in the premises shall be just.
2

NoteIt is intended to serve this petition on.

1. Add words in brackets if supervision order is asked for. 2. This note will be unnecessary if the Company is petitioner.

____________
FORM 2 Winding up Petition by a Contributory (Title)
In the matter of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The humble petition of (name, title, etc., of petitioner) showeth as follows: 1. The. . . . . . . . . . . . . . . . Company Limited, (hereunder called the Company), was in the month of. . . . . . . . 19. . . . . incorporated under the Companies Act. 2. The registered office of the Company at. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. The nominal capital of the Company is Rs. . . . . . . . . divided into shares of Rs. . . . . . . . each. The amount of capital paid up or credited as paid up is Rs. . . . . . . 4. The object for which the Company was established are as follows: (Here set out in paragraphs the facts on which the petitioner relies.)

5. That the petitioner is holder of. . . . . . . . . . . . . . . . shares of the company and has paid Rs. . . . . . . . towards these shares. 6. (Here state reasons for belief that the Company must be wound up by the Court or under the supervision of the Court, as the case may be). Your petitioner, therefore, humbly prays as follows: 1. That the. . . . . . . . Company Limited, may be wound up by the Court under the provisions of the Companies Act. or,
1

(That the voluntary winding up of the Company Limited, may be continued but subject to the supervision of the Court.) 2. Or, that such other order may be made in the premises as shall be just.
2

Note It is intended to serve this petition on.

1. Add words in brackets if supervision order is asked for. 2. This note will be unnecessary if the Company is petitioner.

__________
FORM 3 Petition for Winding up by the Registrar of the Companies (Title)
Paragraphs Nos. 1, 2, 3 and 4 as in Forms Nos. 1 and 2. 5. That from the financial condition of the Company as disclosed in its balance sheet from (or from the report of an Inspector appointed under Section 138 of the Act), it appears that the Company is unable to pay its debts. 6. That a copy of the Balance Sheet (or copy of the report of the Inspector) is attached herewith. 7. The necessary sanction of the Local Government has been obtained to the presentation of the petition as required by Section 166 of the Act. Your petitioner, therefore, humbly prays as follows: l. That. . . . . . . . . . . . . . . . . . . . Limited, may be wound up by the Court under the provisions of the Indian Companies Act, or That such other order may be made in the premises as shall be just.

Registrar Joint Stock Companies, Punjab

_____________
FORM 4 Verification of Petition
I, . . . . . . . . A. B. of. . . . . . . . . . . ., make oath (or solemnly affirm) and say that such of the statements in the petition now produced and shown to me, and marked with the letter A as relate to my own acts and deeds are true, and such of the said statements as relate to the acts and deeds of any other person or persons, I believe to be true. Sworn, etc. or solemnly affirmed, etc.

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FORM 5 Advertisement of Petition for Winding up (Title)
Notice is hereby given that a petition for the winding up of the above/named Company by the Court (or, subject to the supervision of the Court) was on the day of. . . . . . . . 19. . . . presented to the Court of. . . . . . . . by the said Company or by A. B. of. . . . . . . a creditor (or contributory) of the said company or by the Registrar of Companies, as the case may be. And that it has been directed that the said petition shall be heard before the said Court on the. . . . . . . . day of. . . . . . . 19. . . . . and any creditor or contributory of the said company desirous to support or oppose the making of an order for the winding up of the said company under the above Act, should appear at the time of hearing, by himself or his advocate, attorney, or agent for that purpose; and a copy of the petition will be furnished to any creditor or contributory of the said company requiring the same, on application to the said Court on payment of the charges for the same. Given under my hand and the seal of the Court, this. . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . 19. . . . . . . . Deputy Registrar NoteAny person who intends to appear on the hearing of the said petition must serve on, or send, by post to, the above named notice in writing of his intention so to do. The notice must state the name and address of the person, or if a firm, the name and address of the firm and must be signed by the person or firm, or his/their duly authorised agent or advocate and must be served or if posted, must be sent by post in sufficient time to reach the above named not later than 7 clear days before the date of hearing.

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FORM 6 Affidavit of Service or Petition on Directors, Officers or Servants of the Company

In the matter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Company, Limited and the petition of. . . . . . . . I, A. B. of. . . . . . . . . . . . . . . . make oath and say: 1. (In the case of service of petition on a company by leaving it with a Director, Officer or Servant at the registered office, or in no registered office, at the principal or last known principal place of business of the Company). That I did on. . . . . . . . . . . . . . . . day, the. . . . . . . . . . . . . . . . day of 19. . . . . . . ., serve the above-named company with the above-mentioned petition by delivering to and leaving with (name and description), director (or officer), (or servant) of the said company a copy of the above-mentioned petition, duly sealed with the seal of the Court, at (office or place of business as aforesaid), before the hour of. . . . . . . . . . . . . . . . . . in the. . . . . . . . . . . . . . . . noon. . . ..... 2. (In the case of no director, officer or servant of the company being found at the registered office or place of business). That I did on. . . . . . . . . . . . . day, the. . . . . . . . . . . . . day of 19. . . . ., having failed to find any director, officer or servant of the above-named company at (here state registered office or place of business), leave there a company of the above-mentioned petition duly sealed with the seal of the Court before the hour of. . . . . . . . . . . . . . . . . . in the. . . . . . . . noon (add with whom such sealed copy was left, or where, e. g., affix to door of office or place in letter box or otherwise). 3. (In the case of directions by the Court as to the director, officer or servant of the company to be served). That I did on. . . . . . . . . . . . day, the. . . . . . . . . . . . . . . . day of. . . . . . . . 19. . . ., serve (name or names and description) with a copy of the above-mentioned petition duly sealed with the seal of the Court, by delivering the same together with a true copy of the order for substituted service, dated the. . . . . . . day of. . . . . . . 19. . . ., personally to the said. . . . . . . . . . . . . . . . (name) at. . . . . . . . . . . . . . . . (place) before the hour of. . . . . . . . in the. . . . . . . noon. . . . . . Sworn at. . . . . . . . etc.

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FORM 7 Affidavit of Service of Petition on Liquidator (Title)
In the matter of a petition, dated the. . . . . . . . . . . day of. . . . . . . . 19. . . . . for winding up the above company by (or under the supervision of) the Court (as the case may be). I, A. B. . . . . . . . . of. . . . . . . . . . . . . make oath and say:

That I did, on. . . . . . . . day, the. . . . . . day of. . . . . . . . . 19. . . ., serve (name and description), liquidator of the above-named company, with a copy of the above-mentioned petition, duly sealed with the seal of the Court, by delivering the same personality to the said at. . . . . . .(place), before the hour of. . . . . in the. . . . .. . noon. Sworn at, . . . . . . . . . . . . . . . . . . . . . . . . etc.

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FORM 8 Notice of Intention to Appear on the Hearing of Petition (Title)
Take notice that. . . . . . . . . . . .(state full name or if a firm, the name of the firm, and address), a creditor for Rs. . . . . . . . . of the above-mentioned company, or contributory (state number and class of shares held) holding shares in the above company, intends to appear on the hearing of the petition advertised to be heard on the. . . . . . . . . . . . day of. . . . . . . 19. . . . . . and to support (or to oppose) such petition.

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FORM 9 Order for Winding up by the Court (Title)
Upon the petition of the above-named company [(or A. B.) . . . . . of . . . . . . . ., a creditor (or contributory of the above-named company), or of the Registrar of the Companies)] filed on the . . . . . . . . . day of . . . . . . . . 19 . . . ., and the verification thereof by . . . . . . . . . A. B., . . . . . . . . . etc., filed, etc., and upon hearing the advocate for (or attorney or agent of) the petitioner and . . . . . . . for . . . . . . . and upon reading the Local Gazette of the . . . . . day of . . . 19 . . . . . . the newspaper of the . . . . . . . day of . . . . . 19 . . . . . enter any other papers) each containing an advertisement of the said petition. This Court doth order that the said . . . . . . . . Company be wound up by this Court under the provisions of the Indian Companies Act, VII of 1913. And it is ordered that the costs of the said petition be taxed and paid out of the assets of the said company. Judge

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FORM 10 Order for Winding up Subject to Supervision (Title)
Upon the petition, etc. (as in Form No. 9, this Court doth order that the voluntary winding up of the said company be continued but subject to the supervision of this Court, and any of the proceedings under the said voluntary winding

up may be adopted as the Court shall think fit. And the creditors, contributories and liquidators of the said company, and all other persons interested, are at liberty to apply to the Court as there may be occasion. Judge

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FORM 11 Advertisement of Order to Wind up (Title)
By an order made by the . . . . . . . . . . . in the above matter, dated the . . . . . . day of . . . . . . . . 19 . . . . . . . on the petition of the above-named company or ( . . . . .), it was ordered that the company be wound up by this Court (or under the supervision of the Court under the provisions of the Indian Companies Act, VII of 1913. Deputy Registrar

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FORM 12 Summons or Notice of Motion for Provision Liquidators (Title)
Notice is hereby given to . . . . . . . . . . that in the above-noted matter a petition for the . . . . . . . . . . appointment of a Provisional Liquidator has been presented and that such petition shall be heard by the Court on the day of . . . . . . . 19 . . . . . or at any adjournment, if any. You are required to appear on the said date in person or through duly authorised agent to support or oppose the said petition. If you fail to do so, the petition will be decided according to law. Given under my hand and the seal of the Court, this . . . . . day of . . . . . 19 . . . Deputy Registrar

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FORM 13 Order Appointing a Provisional Liquidator After Presentation of Petition and Before Winding up Order (Title)
Upon the application, etc., and upon reading, etc., the Court doth hereby appoint (one of) the Official Receiver(s) attached to the Court (or as the case may be) to be provisional Liquidator of the above-named company. (If security dispensed with, add without security or if security is to be given, add directions as to security, accounts and payments into the Bank). And the Court doth hereby limit and restrict the powers of the said Provisional Liquidator

to the following acts, that is to say (describe the acts which the Provisional Liquidator is to be authorised to do and the property of which he is to take possession). Judge

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FORM 14 Notice to submit Statement of Affairs and to Attend Provisional Liquidators or Official Liquidator (Title)
Notice to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Take notice that by the order made by the High Court, on . . . . . . . day of . . . . 19 . . . . in the above matter, I was appointed liquidator of the company (provisionally). You are, therefore, required to submit to me within 21 days from the said date the statement of affairs of the company duly verified by your affidavit containing the following particulars amongst others as provided by the forms hereafter mentioned:
2

(a) the assets of the company stating separately the case balance in hand and at the Bank, if any; (b) the debts and liabilities; (c) the names, residence and occupation of the creditors, stating separately the amounts of secured debts and unsecured debts; and in the case of secured debts, particulars of the securities, their value and the date when they are given; (d) the debts due to the company and the names, residence and occupations of the persons from whom they are due the amount likely to be realized therefrom. Default on your part will make you guilty of offence under section 177-A, sub-clause 5 of the Act. Official (Provisional) Liquidator

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FORM 15 Order to Submit or Concur in Statement of Affairs, with Directions to Attendance (Title)
Upon the application of . . . . . . . . . ., the Official Liquidator (or Provisional Liquidator) of the above-named company and upon reading the order to wind up, dated the . . . . . . . . . day of . . . . . . . . . . . 19 . . . ., and affid avit of the Official Liquidator (or Provisional Liquidator, as the case may be) filed, the . . . . . . . . . day of . . . . . 19 . . ., it is ordered that . . . . . . . formerly a director of the said company, do within . . . . . . . . . days after service upon him o f this order, submit, verify of concur in and verify a statement of the affairs of the said company pursuant to the provisions of Section 177-A of the Act, and to the company) s winding up Rules.

And it is ordered that the said . . . . . . . . . . do attend on the applicant Official Liquidator (or the Provisional Liquidator, as the case may be) at his Office at . . . . . . . . . . . . at. . . . . . . . oclock in the . . . . . . . . . . . . noon of . . . . . . . . . . . . . day of . . . . . . . . . . . . . . 19 . . ., and give the said applicant all information that he may require as to the affairs of the company; and it is ordered that the said . . . . . . . . do pay to the applicant the sum of Rs. . . . . . . . . his ascertained costs of and incidental to the said application. Judge

Endorsement of the Order

If you, the within named . . . . . . . . . neglect to obey the within order by the time therein limited, you will be liable to process of execution for the purpose of compelling you to obey the same order. Judge

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FORM 16 Certificate Extending time for Statement of Affairs {Title)
I, A. B., . . . . . . . . . . . . . the Official Liquidator (or the Provisional Liquidator, as the case may be) do hereby certify that I have, under powers given me by Section 177-A of the Act and Rules of the High Court for winding up of companies, extended the time for submitting the statement of affairs of the company required of . . . . . . . . . . . . . . . . . . . (name of person) from the . . . . . . . . . day of . . . . . . . . 19 . . ., to the . . . . . . . . . . . . . . . . day of . . . . . . 19 . . . Official/Provisional Liquidator

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FORM 17 Advertisement of the Time and Place Fixed for the Appointment of Official Liquidator (Title)
Notice is hereby given that the Honble Mr. Justice . . . . . . of the H igh Court, has fixed . . . . . . . . . . . the . . . day of . . . . . at . . . . . . . . . . oclock at . . . . . . . . . . as the time and place for the appointment of an Official Liquid ator of the above-named company. Deputy Registrar

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FORM 18 Order Appointing an Official Liquidator (Title)

Upon the application, etc., and upon reading, etc., the Court doth hereby appoint. . . . . . . . . . . . . R. P. H. Official Liquidator of the above-named Company. And it is ordered that the said R. P. H. do on or before the day of . . . . . . . next give security (to be approved by the Court). And it is ordered that the said R. P. H. do file an account of his receipts and payments in the prescribed form into this Court not less than twice in each year during his tenure of office as required by section 182(2) of the Act. It is further ordered that all moneys to be received by the said R. P. H. be paid by him in any scheduled Bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (or into the Court) to the credit of the Official Liquidator of the said company within 7 days next after the receipt thereof (unless the Judge shall have otherwise directed). (In case two or more Official Liquidator are appointed, add): And the Court doth declare that the following acts required or authorised by the Act to be done by the Official Liquidator may be done by either (or any one or two) of the Official Liquidators hereby appointed, that is to say describe the acts), and that all other acts so required or authorised shall be done both (or all) the Official Liquidators hereby appointed. Judge

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FORM 19 Recognizance of the Official Liquidator and Sureties
R. P. H. of. . . . . . . . . . . ., W. B. of. . . . . . . . . . . . and T. P. of before the Court of. . . . . . . . personally appearing, do acknowledge themselves, and every of them doth acknowledge himself, to own to the Honble Mr. Justice . . . . . . . . . . . . a Judge of the said High Court (or to Mr. A. B., Judge of the said Court of. . . . . . . . the respective sum set opposite to their respective names in the schedule hereto, to be paid to the said Honble Mr. Justice. . . . . . . . (or to be said Mr. A. B., as the case may be), or his successors in office and assignees and in default of payment of the said sums, the said R. P. H., W. B. and T. P. are willing and do agree, and every of them is willing and doth agree for himself, his heirs, executors and administrators, by these presents, that the said sum shall be levied, recovered and received of and from and every of the, and of and from the movable and immovable property of them and every of them, wheresoever the same shall be found. Dated the. . . . . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . . . . 19. . . . . . . . . . . . . Whereas, in the matter of &c. (take title from order to wind up the Honble Mr. Justice. . . . . . .(or the Court of. . . . .), has by an order, dated the . . . . . . . . day of. . . . . . . . . 19. . . . ., appointed the said R. P. H. Official Liquidator of the said company, and has thereby directed him to give security to be approved of by the said Judge (or in case the security proceeds the order appointing) has approved of the said R. P. H. as a proper person to be appointed Official Liquidator of the said company upon his giving security. And whereas the said Judge has approved of the said W. B. and T. P. to be sureties for the said R. P. H. in the amounts set opposite to their respective names in the schedule hereto, and has also approved of the above written recognizance, with the under-written condition, as proper security to be entered into by the said R. P. H., W. B. and T. P., pursuant to the said order, and in testimony of such

approbation the Judge (or Registrar) hath signed an allowance in the margin thereof. Now the condition of the above-written recognizance is such that if that said R. P. H., his executors or administrators, or any of them, do and shall duly account for what the said R. P. H. shall receive, or become liable to pay, as Official Liquidator of the said company, at such periods and in such manner as the said Judge shall appoint, and pay the same as the said Judge hath (by the said order) directed or shall hereafter direct, then the above recognizance to be void, otherwise to remain in full force and virtue.

The Schedule Above Referred To

R. P. H. . . . . . . . . . . . . thousand rupees. W. B. . . . . . . . . . . . . thousand T. P. , . . . . . . . . . . . . thousand Taken and acknowledged by the, above-named R. P. H., etc. etc.

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FORM 20 Affidavit of Sureties
We, W. B. of &c., and T. P. of &c., severally make oath (or, solemnly affirm), and say as follows : (1) I, the said W. B. for myself say, that I am worth the sum of rupees over and above what is sufficient for the payment of all my just debts and liabilities. (2) And I, the said T. P., for myself, say that I am worth the sum of rupees, &c. (as above). Sworn, &c. Or solemnly affirmed

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FORM 21 Certificate that Official Liquidator has Given Security (Title)
This is to certify that. . . . . . . . . . . . . . . . . . . . of. . . . . . . . . . . . . . . . . . . who was on. . . . . . . . . . . . . . . day of. . . . . . . . 19. . . ., appointed Official Liquidator of the above-named company has duly given security as ordered by the Court. Judge or Registrar Dated :

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FORM 22 Advertisement of Appointment of Official Liquidator (Title)
Notice is hereby given that. . . . . . . . . . . . . of. . . . . . . . by an order, dated. . . . . . . has been appointed Official Liquidator of the above-mentioned company (if more than one person appointed, add) with joint and several powers. Deputy Registrar

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FORM 23 Notice (or Advertisement) of Meeting of Creditors or Contributories (Title)
Notice is hereby given that the High Court of at (or the District Court of. . . . .) has directed a meeting of creditors (or contributories) of the above-named company to be summoned, pursuant to the above Act, for the purpose of ascertaining their wishes at to (state the object for which meeting called, unless notice is by advertisement, in which case say, certain matters relating to the winding up of the said company), and that such meeting will be held on. . . . . . . day of. . . . . . . 19. . . ., at. . . . . . . . . oclock in the noon. . . . at in the. . . . . . . at which time and pl ace all the creditors (or contributories) of the said company are requested to attend. (The said Court has appointed H. T., etc., to act as Chairman of such meeting). Dated this. . . . . . . . . . . . day of. . . . . . . . . . . . . . . . 19. . . . R. P. H. Official Liquidator

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FORM 24 Notice to Contributories of First Meetings (Title)
Notice is hereby given that the first meeting of the contributories in the above matter will be held at. . . . . . . . . . . . . on the. . . . . . . . . day of. . . . . . . 19 . . . ., at. . . . . . oclock in the. . . . noon. Forms of general and special proxies are enclosed herewith. Proxies to be used at the meeting must be lodged with me at. . . . . . not later than. . . . . . . oclock on the. . . . . . . day of. . . . .

Dated this. . . . . . . . . . day of. . . . . . . . . . . . . 19. . . . . . . . Official Liquidator [The Companys statement of affairs has not been lodged (or has been lodged, and summary is enclosed)].

Agenda
To determine whether or not an application shall be made to the Court for the appointment of a Committee of Inspection to act with the Liquidator, and who are to be the members of the Committee if appointed.

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FORM 25 Notice to Creditors of First Meeting (Title)
(Under the order for winding up the above-named company, dated the. . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . 19 . . . . . . . .). Notice is hereby given that the first meeting of creditors in the above matter will be held at. . . . . . . . . . on the day of. . . . . . . . . . . 19. . . . ., at. . . . . . . . . oclock in the. . . . . . . . noon. To entitle you to vote thereat year proof must be lodged with me not later than. . . . . . . . . . . . . oclock on the. . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . 19 . . . . Form of proof and of general and special proxies are enclosed herewith. Proxies to be used at the meeting must be lodged with me at. . . . . . . . . . . . . not later than. . . . . . . . . oclock on the. . . . . . . . . day of. . . . . . . . 19. . . . Official Liquidator Address [The statement of the Companys affairs has not been lodged (or has been lodged) and summary is enclosed.]

Agenda
To determine whether or not an application shall be made to the Court for the appointment of a Committee of Inspection to act with Liquidator, and who are to be the members of the Committee, if appointed.

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FORM 26 Notice to Directors and Officers of Company to Attend First Meeting of Creditors or Contributories (Title)
Take notice that the first meeting of creditors (or contributories will be held on the. . . . . . . . . . . day of. . . . . . . . . 19. . . . . . . . ., at. . . . . . . oclock at (meeting place) and that you are required to attend thereat, and give such information as the meeting may require. Dated this. . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . 19. . . . Official Liquidator To ....................... .......................

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FORM 27 Notice of Meeting (General Form) (Title)
Take notice that a meeting of creditors (or contributories) in the above matter will be held at. . . . . . . . . . . . . . . . . . . . on the. . . . . . . . . . . . . . . . . . . . . . . . . . day o f. . . . . . . . . . . . . . . 19. . . ., at. . . . . . . . . . . . . in the. . . . . . . . . noon. Dated this. . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . 19. . . . . . . . Official Liquidator

Agenda
Forms of general and special proxies are enclosed herewith. Proxies to be used at the meeting must be lodged with. . . . . . . at. . . . . . . not later than . . . . . . . oclock on the. . . . . . . . . day of. . . . . . . . . 19. . . . . . .

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FORM 28 Affidavit of Posting of Notice of Meeting (Title)

I, . . . . . . . . . . . . . . . . . a (description). . . . . . . . . . . . . . . . . . . . . . . make oath and say as follows : 1. That I did on the. . . . . . . . day of. . . . . . . . . . . . . . . . . 19. . . . . ., send to each creditor mentioned in the Companys statement of affairs (or to each contributory mentioned in the register of members of the Company) a notice of the time and place of the ( ) in the form hereunto annexed marked A.
1

2. That the notices for creditors were addressed to the said creditors respectively according to their respective name and address appearing in the statement of affairs of the company or the last known address of such creditors. 3. That the notices for contributories were addressed to the contributories respectively according to their respective names and registered or last known addresses appearing in the register of the company. 4. That I sent the said notice by putting the same prepaid into the post office at. . . . . . before the. . . . . . hour of. . . . . oclock in the. . . . . . . noon on the said. . . . . . . . . . . . . . . day. Sworn &c.

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FORM 29 Certificate of Posting of Notice (General) (Title)
I,. . . . . . . . . . . . . . . ., a clerk in the office of the Official Liquidator, hereby certify : 1. That I did on the day of. . . . . . . . . 19. . . . send to each creditor mentioned in the statement of affairs (or each contributory mentioned in the Register of Members of the Company, or as the case may be), a notice of the time and the place of the first meeting (or a general meeting, or adjourned general meeting, or as the case may be) in the form hereunto annexed marked A. Paragraphs 2, 3 and 4 as the preceding form. Dated. . . . . . . . Signature

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FORM 30 Memorandum of Appointment of a Person to Act as Chairman at Meeting of Creditors or Contributories

The Judge of. . . . . . . . . (or Court of. . . . . . .) has appointed Mr. H. T. of & C., one of the creditors (or contributories) of the above-named company, to act as Chairman of a meeting of the creditors (or contributories) of the said company, summoned by direction of the said Judge (or Court), pursuant to the above Act, to be held on the. . . . . . . . day of. . . . . 19. . ., at. . . . . . . . oclock at. . . . . . . ., and to report the result of such meeting to the said Judge (or Court). The said meeting is summoned for the purpose of ascertaining the wishes of the creditors (or contributories of the said company as to (state the object for which meeting called, and at such meeting the votes of the creditors (or contributories) may be given either personally or by proxy. Dated this. . . . . . . . . . . . Day. . . . . . . . . . . of. . . . . . . . 19. . . . . G. H. Deputy Registrar or Judge

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FORM 31 Authority to Act as Chairman of meeting and use of Proxies (General Heading)
I, . . . . . . . . . . . . . . . . the Official Liquidator. . . . . . . . . . . . . do hereby nominate Mr. . . . . . . . . of. . . . . . . to be chairman of the meeting of creditors (or contributories) in the above matter, appointed to be held at. . . . . . . . on the day of. . . . . . 19. . . ., and I depute him. . . . . . . (here insert Being a person in my employment or under my official control,) to attend such meeting and use, on my behalf, and proxy or proxies held by me in this matter. Dated this. . . . . . . . . . . day of. . . . . . . . . . . . . . 19. . . . . . Official Liquidator

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FORM 32 Memorandum of Appointment of a Person to Act as a Chairman at Meeting of Creditors or Contributories (General Heading)
In the matter of the Indian Companies Act, VII. . . . . . . . . . . . . . . . of 1913, etc. Mr. H. T. of etc., one of the creditors (or contributories) of the above-named Company is appointed to act as Chairman of a meeting of the creditors (or contributories) of the said Company, summoned by direction of the said Judge, pursuant to the above Act, to be held on the. . . . . . . day of. . . . . . . . 19. . . . .,

at. . . . . . . . oclock in the. . . . . . . . noon. . . . . . . at. . . . . . . and to report the result of such meeting to the said Judge. The said meeting is summoned for the purpose of ascertaining the wishes of the creditors (contributories) of the said company as to (state the object for which meeting called) and at such meeting the votes of the creditors (or contributories) may be given either personally or by proxy. Dated this. . . . . . . . . day of. . . . . . . . . . . 19. . . .

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FORM 33 Memorandum of Adjournment of Meeting (Title)
Before. . . . . . . . . . . . . . . . at. . . . . . . . . . . . . . . on the. . . . . . . . . day of. . . . . . . . . . . 19. . . . . . . oclock. MemorandumThe (first or as the case may be) meeting of (creditors or contributories, as the case may be) in the above matter was held at the time and place above mentioned; but it appearing that (owing to, etc.) the meeting was adjourned until the. . . . . . . . . . . . . day of. . . . . . . . . . . . . 19. . . ., at. . . . . . . . . oclock in the no on, then to be held at the same place. Chairman

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FORM 34 Chairmans Report of Result of Meeting of Creditors or Contributories (Title)
I, H. T., the person appointed by the Honble Mr. Justice. . . . . . . . .(or by the Court of. . . . . . . .) to act as Chair man of a meeting of creditors (or contributories) of the above-named Company, summoned by advertisement (or notice), dated the. . . . . . . . . . . . day of 19. . . ., and held on the. . . . . . . . . . day of. . . . . . . 19. . . ., at. . . . . . . . . . . . . . . do hereby report to the said Judge (or Court) the result of such meeting as follows : The said meeting was attended either personally or by proxy by. . . . . . . creditors, to whom debts against the said Company have been allowed, amounting in whole to the value of Rs. . . . . (or by contributories), holding, in the whole,. . . . . . shares in the said Company, and entitle respectively by the regulations of the Company to the number of votes hereinafter mentioned. The question submitted to the said meeting was, whether the creditors (or contributories) of the said Company approved of the proposal of the Official Liquidator of the said Company, that, etc. (as the case may be) and wished that such proposal should be adopted and carried into effect. The said meeting was unanimously of opinion that the said proposal should (or should not) be adopted and carried into effect (or, the result of the voting upon such question was as follows) :

The undersigned creditors (or contributories) voted against the said proposal being adopted and carried into effect: : Number of votes conferred on each contributory by the regulations of the Company

Name of creditor (or contributory)

Address

Value of debt (or number of share)

The undersigned creditors (or contributories) voted against the said proposal being adopted and carried into effect: Number of votes conferred on each contributory by the regulations of the Company

Name of creditor (or contributory)

Address

Value of debt (or number of share)

H. T. Chairman Dated this. . . . . . . . . . . ., day of. . . . . . . . 19. . . .

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FORM 35 Appointment of Proxy to Vote at Meeting of Creditors or Contributories
I, W. S., of. . . . . . . . . hereby appoint. . . . . . . . . of. . . . . . as my proxy to vote for me and on my behalf at the meeting of the creditors (or contributories) of the said Company, summoned by direction of Mr. Justice. . . . . . . . . . .(or by the. . . . . . . . Court of. . . . . . . . . . . . . . . .) to be held on the. . . . . . . . day of. . . . . . . and at. . . . . . . . . any adjournment. . . . thereof. As witness my hand this. . . . . . . . . day of. . . . . . . . . . . 19. . . . . W. S.

Signed by the said W. S. in the presence of J. H. of &c.

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FORM 36 Special Proxy (General Meeting)
I, . . . . . . . . . . of. . . . . . . . . . . . . . . . ., a creditor (or contributory) hereby appoint. . . . . . . . . . . . . as proxy at the meeting of creditors (or contributories) to be held on the. . . . . . . . . . . . day of. . . . . . . . 19. . . ., or at any adjournment thereof, to vote (for or against, as the case may require and specify the particular resolution). Dated this. . . . . . . . . . . . . day of. . . . . . . . . 19 . . . . Signature of witness. Address Signature

Certificate to Be Signed by Person Other than Creditor or Contributory Filling up the Above Proxy
I,. . . . . . . . . . . . . . of. . . . . . . . . . . . . . . being a. . . . . . . . . . . . hereby certify that all insertio ns in the above proxy are in my own handwriting, and have been made by me at the request of the above-named and in his presence before he attached his signature or mark thereto. Dated this. . . . . . . . . . . . . day of. . . . . . . . . . 19 . . . . . . . . Signature

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FORM 37 General Attorney (General Heading)
I, . . . . . . . . . . . of. . . . . . . . . . . . a creditor (or contributory) hereby appoint. . . . . to be. . . . . . . . . general proxy to vote at the meeting of creditors (or contributories) to be held in the above matter on the. . . . day of. . . . . . 19 . . . or at any adjournment thereof. Dated this. . . . . . . . . day of. . . . . . . . . . 19. . . . . Signature of witness.

Address. Signature Notes(1) The authorised agent of a Corporation may fill up blanks, and sign for the Corporation thus : For the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Company J. S. (duly authorised under the seal of the Company). (2) The person appointed general proxy must be either the Official Liquidator or a person in the regular employ of the creditor or (contributory).

Certificate to be by Persons Other than Creditor or Contributory Filling up the Above Proxy
I,. . . . . . . of. . . . . . . ., being a (. . . . . . . . .) hereby certify that all insertions in the above proxy are in my own handwriting, and have been made by me at the request of the above-named and in his presence, before he attached his signature or mark thereto. Dated this. . . . . . . . day of. . . . . . . . 19. . . . Signature

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FORM 38 Advertisement for Creditors
The creditors of the above-named Company are required on or before. . . . . . . day of . . . . . . to send in writing their names and addresses and the particulars of their debts or claim and the names and addresses of their Advocate or Attorneys (If any) to the undersigned as Official Liquidator to the said Company at (give place) and, if so required by notice in writing from the undersigned to come in and prove their said debts or claims either in person or by their attorneys or pleaders at such time and place as shall be specified in such notice, or in default thereof, they will be excluded from the benefit to any distribution made before such debts are proved. Dated this. . . . . . . . . . . . day of. . . . . . . . . . 19 . . . . Official Liquidator

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FORM 39 Notice to Creditors to Send Their Claims to the Liquidator (Title)
To ........................

................................. ................................. Dear Sir, In the books of the above-named Company, you are shown as one of the creditors thereof. You are required on or before. . . . . . . . day of. . . . . . . . . 19. . . . ., to send the particulars of your debts or claims and the names and addresses of your Solicitor, Advocate or Attorney (if any) to the undersigned or in default thereof you will be excluded from the benefit of any distribution made before such debts proved. Official Liquidator

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FORM 40 Affidavit of Creditor in Proof of Debt
I, . . . . . . . ., make oath (or solemnly affirm) and say as follows : 1. The above-named company was at the date of the order for winding up the same on the. . . . . . . day of. . . . . . . 19. . . ., and still is justly and truly indebted to me in the sum of rupees. . . . . . . . . for, etc. (describe, shortly the nature of the debt and exhibit any security for it; and in case of trade debt, exhibit vouchers and verify reasonableness of the charges, as in proving a debt in a suit) as shown by the account endorsed hereon or by the following accounts. 2. I have not, nor hath nor have any person or persons by my order or to my knowledge or belief for my use, received the sum of rupees. . . . . . . . or any part thereof of any security or satisfaction for the same or any part thereof. [If any security, add except the said (describe the security) hereinbefore mentioned or referred to].

____________
FORM 41 Notice to Creditors to come in and Prove their Debts Before the Official Liquidator
Sir, You are hereby required to come in and prove the debt claimed by you against the above-named company by filing your affidavit, and you are to attend at my office in person or by your Advocate, Attorney or Pleader on the. . . . . . . . . . day of. . . . . . . . . 19. . . . ., at. . . . . . . . . oclock in the. . . . . . . . . noon, at. . . . . . . . . . . . being the time and place appointed for investigating the claims. Dated this. . . . . . . . . day of. . . . . . . . . . . . 19 . . . . Official Liquidator

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FORM 42 Affidavit of Official Liquidator as to his Investigation of Debts and Claims (Title)
I, . . . . . . . . . . of. . . . . . . . the Official Liquidator of the above-named Company make oath (or solemnly affirm) and say as follows. 1. I have, by the paper hereto annexed and marked with latter A, set forth a list of all the debts and claims the particulars of which have been sent to me by persons marking claims upon, or claiming to be creditors of, the said Company pursuant to the advertisement issued in that behalf, dated the. . . . . . . . . . . . . .day of. . . . . . . . . 19. . . ., and the names and addresses of the persons by whom such claims are made. 2. I have investigated the said debts and claims and examined the same with the books and documents of the said Company in order to ascertain, to the best of my ability, which of such debts and claims are justly due from the said Company. 3. I have, in the first part of the this list, set forth such of the said debts and claims as in my opinion are justly due from the said Company and proper to be allowed without further evidence and I have, in the seventh column of the said first part of the said list of debts and claims, stated my reasons for such belief. In the second part of the said list of debts and claims, I have set forth in separate columns such parts of the said debts and claims as in my opinion are proper to be allowed and as are not admitted to be due from the said Company, and I have, in the eighth column of the said second part of the said list, set out my reasons for such belief, and I have, in the third part of the said list of debts and claims, set forth such of the said debts and claims as in my opinion ought to be proved by the respective creditors, and I have in the sixth column of this part of the said list, giving my reasons for such belief. Deponent Sworn (or solemnly affirmed), etc. Exhibit A referred to in the affidavit of Sworn (or solemnly affirmed) before me, this. . . . . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . 19. . . . . . . Signature

__________
List of Debts and Claims of which the Particulars have been sent to the Official Liquidator First Part Debts and claims which ought to be allowed without further evidence
Name of Creditor Address and description Particulars of debt or claim Amount claimed Amount proper to be allowed Reasons for belief that amounts are proper to be

Serial No.

allowed

Rs. P.

Rs. P.

Second Part Debts and claims which have been partly admitted
Name of Creditors Address and description Particulars of debt or claim Amount claimed Amount proper to be allowed (a) Amount not admitted (b) Reasons for belief that (a) amounts are proper to be allowed not (b) amounts not admitted.

Serial No.

Rs. N. P.

Rs. N. P.

Third Part Debts and claims which ought to be proved by the creditors
Serial No. Name of Creditor Address and description Particulars of debt or claim Amount claimed Reasons for belief

Rs. N. P.

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FORM 43 Notice to Creditors to Prove Their Claims Before the Judge (Title)
Notice to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Whereas, as the Official Liquidator of the above-named Company, I have rejected your claim for (or beyond) Rs. . . . . . . . on the grounds hereunder (or attached herewith). Please take notice that you are hereby required to prove before the Judge (the rejected part of) your claim against the above named company by appearing in person, or by your Attorney or Advocate at the High Court of. . . . . . . . . . . . on the. . . . . . . . day of. . . . . . . . 19. . ., at. . . . . . . . . oclock in the forenoon, being the time appointed for h earing and adjudicating upon the claim. Dated this. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . . 19. . . . . Official Liquidator

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FORM 44 Affidavit in Support of the Service of Notice to Creditors to Come and Prove Their Debts (Title)
I,. . . . . . . . . . . . . . . . ., son of. . . . . . . . . . . . . . . . . . ., attorney of the Official Liquidator of the above-named Company solemnly affirm and say as under : That I did on. . . . . . . . . . . . . day of. . . . . . . . . 19 . . ., in the matter hereinafter mentioned cause a notice to be served upon the persons named in the 2nd column of the Schedule hereto annexed and marked with the letter A. That a true copy of the notice so served is annexed hereto and marked with the letter B. That I served the said respective copies of the said notice by putting such copies respectively, duly addressed to such persons respectively or their advocates or pleaders, according to their respective names and addresses, appearing in

the said Schedule and with proper postage stamps affixed thereto as Registered Acknowledgment Due letters, into the Post Office at. . . . . . . . . . . . . . on the said day of. . . . . . . . . . 19. . . Deponent

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FORM 45 Certificate by Judges as to Settlement of List of Debts and Claims (Title)
I hereby certify that the result of the adjudication upon debts and claims against the above-named Company, brought in pursuance to the advertisement issued in that behalf, dated the. . . . . . . . . day of. . . . . . . 19. . . so far as such adjudication has up to the date of this certificate been proceeded with, is as follows: The debts and claims which have been allowed are set forth in the first Schedule hereto, and with the interest thereon and cost mentioned in the said Schedule are due to the persons therein named, amount altogether to rupees. I have in the first part of the said Schedule set forth such of the said debts and claims as carry interest thereon has been computed at the rate they respectively carry down to the date of this certificate. I have in the second part of the said Schedule set forth such of the said debts and claims and do not carry interest. The claims set forth in the second Schedule hereto have been brought in by the persons therein named, and have been disallowed.

The First Schedule Above Referred to First Part Debts and claims which carry interest
No. Name of Creditors Addresses and Description Particulars of Debt Total Due

Rs. P. 1. J. L. On Bill of Exchange date & c. Principal Rs. . . . . . . . .

.....

.
Interest atper cent per annum fromthe date of the certificate Cost of proof Rs. . . . . . . . .

...

Total of First Part Rs. . . . . . . .

Second Part Debts and claims which do not carry interest

No. Name of creditors Address and Description Particulars of Debt Interest on Principal Total Due

Rs. P. 25 W. P. Goods Sold Principal Rs. 500-00 Cost of proof Rs. 20-00 Total Rs. Add total First Part, Rs. Total First and Second Parts, Rs. 20 00

Rs. P.

540 00

The Second Schedule Above Referred To Debts and claims which have been disallowed
No. Name of Creditors Address and Description Particulars of Claims Amount Claimed

Rs. P.

Dated the. . . . . . . . . . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . 19. . . . . . . . . Judge

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FORM 46 List of Contributories Made Out by the Official Liquidator/Liquidators (Title)
The following is a list of members of the Company liable to be placed on the list of contributories of the said Company made out by me/us from the books and papers of the said Company together with their respective addresses and number of shares (or extent of interest) to be attributed to each, so far as I/we have been able to make out or ascertain the same. In the first part of the list, the persons who are contributories in their own right have been distinguished. In the 2nd part of the said list, the persons who are contributories as being representatives of, being liable to, the debts of others are distinguished. Official Liquidator.

First Part Contributories in their own right

Serial No. Name Address and description No. of shares of extent of interest Call prior to liquidation still unpaid (a) Principal (b) Interest at per cent Rs. P. Rs. P. Uncalled liabilities

Rs. P.

Second Part Contributories as being representatives of or liable for the debts of others
Serial No. Name Address In what No. of and character shares of description included extent of interest Call prior to liquidation still unpaid (a) (b) Principal Interest at per cent Rs. P. Rs. P. Rs. P. Uncalled liabilities

____________
FORM 47 Notice to Contributories of Appointment to Settle the List of Contributories
Take notice that I/we, the Official Liquidator/Liquidators of the above-named Company, has/have appointed. . . . . . . . . . . . . day of. . . . . . . . . . . . . 19. . . . . ., at. . . . . . . . . . . . oclock in the. . . . . . . . . noon at. . . . . . . . .(insert place or appointment) to settle the list of contributories of the above-named Company made out by me/us pursuant to the Indian Companies Act and the rules thereunder, and that you are included in such list in the character and for the number of shares (or extent of interest) stated below and if no sufficient cause is shown by you to the contrary at the time and place aforesaid, the list will be settled including you therein. Dated the. . . . . . . . . . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . 19. . . . . Official Liquidator To ............................ .............................

Serial No.

Name

Address In what No. of and character shares of description included extent of interest

Call prior to liquidation still unpaid (a) (b) Principal Interest at per cent Rs. P. Rs. P.

Uncalled liabilities

Rs. P.

NoteContributories are under no obligation to attend the appointment referred to in the above notice if they are satisfied that the particulars contained in the notice are correct. A share-holders name cannot be omitted from the list of Contributories on account of his inability to pay calls ; this question will be dealt with when applications made for payment of the calls. A change of address may be notified by giving notice by petitioner before the date for the appointment.

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FORM 48 Affidavits of Posting of Notice of Appointment to Settle List of Contributories (Title)
I, . . . . . . . . . . . . attorney/clerk to the Official Liquidator of the above-named Company, solemnly affirm and say as follows : 1. That I did on the. . . . . . . . day of. . . . . . . . . . . . 19. . . . ., in the manner hereinafter mentioned send to each contributory mentioned in the list of contributories made out by the Official Liquidator of the above-named Company on the. . . . . . . . . . . . day of. . . . . . . 19. . . . and now on the file of proceedings of the above-named Company at the address appearing in such list, a notice of the time and place of the appointment to settle a list of contributories in the form hereunto annexed and marked A, except that in the tabular form at the foot of such copies respectively, I inserted the No. . . . . . . name, address, description, in what character included, and No. of shares (or extent of interest) call prior to the liquidation still unpaid and uncalled liabilities of the persons on whom such copy of the said notice was served. 2. That I served the said respective copies of the said notice by putting such copies respectively duly addressed to such persons respectively or their Advocates of Pleaders or Attorneys, according to their respective names and addresses appearing in the said list and with proper postage stamps affixed thereto, as registered letters with acknowledgments due into the Post Office at. . . . . . . . . on the said day of. . . . . . . 19. . . . . Deponent

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FORM 49 Affidavit of Official Liquidator in Support of List of Contributories {Title)
I, . . . . . . . . . . . . the Official Liquidator of the above-named Company, make oath (or solemnly affirm) and say as follows : 1. The paper-writing now produced and shown to me and marked with the letter A contains a list of contributories of the said Company, made out by me, after hearing objections (if any) of the contributories to their settlement on the list of contributories, from the books and papers of the said Company, together with their respective addresses, and number of shares (or extent of interest) to be attributed to each and such list is to the best of my knowledge,

information and belief a true and accurate list of contributories of the said Company, so far as I have been able to settle. 2. I have in the first part of the said list marked A distinguished such of the several pers ons as are included in the said list as are contributories in their own right. 3. I have in the second part of the said list marked A distinguished such of the several persons included in the said list as are contributories as being representatives of or being liable to the debts of others. 4. I have in the second Schedule of the said list marked A set forth the names of such persons as were included in the provisional list of contributories made out by me from the books and papers of the said Company and have been excluded by me on objections taken by them from the list on the dates set opposite their respective names. Dated the. . . . . . . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . 19. . . . . Official Liquidator

First Schedule Referred to Above Part First Contributories in their right

Serial No. 1 2 3 4 5 6 7 Uncalled liabilities 8 Date when included in the list

No. on Name Address No. of proand shares or visional descrip- extent of list tion interest

Calls prior to liquidation still unpaid

(a) (b) Principal Interest

Part Second
Serial No. 1 2 3 4 5 6 7 8 Date when included in the list

No. on Name Address In what No. of Calls prior to proand character shares liquidation still visional descrip- included or unpaid list tion extent of interest (a) (b) Principal Interest

Uncalled liabilities

Second Schedule Referred to Above Persons whose names have been excluded from the list

1 No. on provisional list

2 Name

3 Address and description

6 Uncalled liabilities

Serial No.

No. of shares or Calls prior to liquidation still extent of interest for unpaid which it was intended to include (a) (b) Principal Interest

Date f

FORM 50 Certificate of Official Liquidator of Final Settlement of the List of Contributories (Title)
Pursuant to the Indian Companies Act, VII of 1913, and to the rules made thereunder, I/we the undersigned being the Official Liquidator(s) of the above-named Company, hereby certify that the result of the settlement of the list contributories of the above-named Company so far as the said list has been settled up to the date of the certificate is as follows : 1. The several persons whose names are set forth in the second column of the First Schedule hereto have been included in the said list of contributories as contributories of the said Company in respect of the number of shares or extent of interest set opposite the names of such contributories respectively in the said Schedule. I have in the first part of the said Schedule distinguished such of the several persons included in the said list as are contributories in their own right. I have in the second part of the said Schedule distinguished such of the said several persons included in the said list as are contributories as being representatives of, or being liable to, the debts of others. 2. The several persons whose names are set forth in the second column of the second Schedule hereto were included in the provisional list of contributories and have been excluded from the said list of contributories. 3. I have in the 7th column of the first part of the first Schedule and in the 8th column of the second part of the first Schedule and in the 7th column of the second Schedule set forth opposite the names of each of the several persons, respectively the date when such persons were included in, or excluded from the said list of contributories. 4. I have in the 5th and 6th columns of the first part of the said Schedule hereto and in 6th and 7th columns of the second part of the said Schedule set forth opposite the names of each of the said persons respectively, the amount of calls prior to liquidation still unpaid (showing the principal and interest) and the uncalled liabilities. 5. Before settling the said list, I was satisfied from the records and affidavit of. . . . . . . . . clerk duly filed with the proceedings herein that the notice was duly sent by post to each of the persons mentioned in the said list at his last known address or place of abode informing him that he was included in such list in the character and for the number of shares or extent of interest stated therein, and of the day appointed for finally settling the said list. Dated this. . . . . . . . . . day of. . . . . . . 19. . . . Official Liquidator

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First Schedule Referred to Above Part First

Contributories in their own right

1 No. on provisional list 2 Name 3 Address and description 4 No. of shares or extent of interest 5 Calls prior to liquidation still unpaid (a) Principal (b) Interest at per cent

Un lia

Serial No.

Part Second

Contributories as being representative of, or liable for, the debts of others

1 No. on provisional list 2 Name 3 Address and description 4 In what character included 5 No. of shares or extent of interest 6

Calls prior to liquidation stil unpaid (a) Principal

Serial No.

(b) Interest at p cent

Second Schedule Referred to Above

Persons whose names have been excluded from the list

1 No. on provisional list 2 Name 3 Address an description 4 No. of shares or extent of interest for which it was intended to include 5 Calls prior to liquidation still unpaid (a) Principal (b) Interest

Serial No.

FORM 51 Notice to Contributory of Final Settlement of list of Contributories and that His Name is Included (Title)
Take notice that I/we. . . . . . . . . . . . . the Official Liquidator/Liquidators of the above-named Company have by certificate dated the. . . . . . . . . . . . day of. . . . . . . . . 19. . . . under my/our hand/hands, so far settled the list of contributories of the said Company (and that you are included in such list) in the character and for the number of shares (or extent of interest) stated below. The amount due from you in respect of call made prior to liquidation and the uncalled liabilities is also shown therein. Any application by you (to vary the said list of contributories or) that your name may be excluded therefrom must be made by you to the Court, as the case may be, within 30 days from the service on you of this notice, or the same will not be entertained. The said list may be inspected by you in the said Court on any day between the working hours. Dated. . . . . . . . . . . day of. . . . . . . . . . . 19 . . . . . . . . Official Liquidator

____________

First Schedule Referred to Above Part First

Contributories in their own right

1 No. on provisional list 2 Name 3 Address and description 4 No. of shares or extent of interest 5 Calls prior to liquidation still unpaid

Serial No.

(a) Principal

(b) Interest at per cent

Part Second

Contributories as being representative of, or liable for, the debts of others

1 No. on provisional list 2 Name 3 Address and description 4 In what character included 5 No. of shares or extent of interest 6 Calls prior to liquidation still unpaid (a) Principal (b) Interest at per cent

Serial No.

FORM 52 Affidavit of Service of Notice to Contributories of Final Settlement of the List

1. I did on the. . . . . . . . . . day of. . . . . . . . 19. . . ., in the manner hereinafter mentioned serve a true of the notice now produced and shown to me and marked A upon each of the said respective persons whose names, addresses and descriptions appear in the second and third columns of the said first schedule to the list of contributories of the said Company made out by the Official Liquidator of the Company on the. . . . . . . . day of. . . . . . . . . and now on the file of proceedings of the said Company. In the tabular form of the foot of such copies respectively I inserted the number of list, name, address, description, in what character included, number of shares or extent of interest, the amount of calls made prior to liquidation and the amount of uncalled liabilities in respect of the shares (or interest) of the persons on whom such copy of the said notice was served, in the same words and figures as the same particulars are set forth in the said list of contributories. 2. I served the said respective copies of the said notice by putting such copies respectively, duly addressed to such persons respectively or their advocates or pleaders or attorneys according to their respective names and addresses appearing in the said list of contributories and with proper postage stamps affixed thereto as registered letters with acknowledgement due into the Post Office at. . . . . . . . on the said. . . . . . . . . . . day of. . . . . . . . . . Deponent

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FORM 53 Summons to Rectify List of Contributories (Title)

Let. . . . . . . . . . . . the Official Liquidator of the above-named company, attend at. . . . . . . . on the. . . . . . . . . day of. . . . . . . . 19. . . . ., on the hearing of the application on the part of (name of applicant, etc.), contributory of the abovenamed Company and the Liquidators certificate finally settling the same may be varied by excluding the name of the applicant therefrom and that the Liquidator may be ordered to pay to the applicant the costs of this application out of the assets of the Company. Deputy Registrar

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FORM 54 Order on Application to Vary List of Contributories (Title)

Upon the application of W. N., by summons, dated the. . . . . . . . . day of. . . . . . 19. . . ., for an order that the list of contributories of the Company and the Liquidators certificate finally settling the same be varied by excluding the name of the applicant therefrom (or, as the case may be), and upon hearing. . . . . . . ., for the petitioner and. . . . . . . . for the Liquidator, and upon reading. . . . . . . . it is ordered that the list of contributories of the above-named Company and the Liquidators certificate finally settling the same be varied by excluding, as the case may be), or the Court does not think fit to make any order on the said application, except that the said W. N. do pay to A. B., the Liquidator of the said Company, his costs of this application. (Costs payable to. . . . . . .) Given under my hand and the seal of the Court, this. . . . . . day of. . . . . . . . 19. . . . . Judge or Deputy Registrar

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FORM 55 Endorsement by Judge or Settlement of the List of Contributories
List settled as filed by the Official Liquidator (except that Nos. . . . . . . are expunged from the list and Nos. . . . stand over for determination and subsequent endorsement thereon). Dated. . . . . . . . . Judge

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FORM 56 Petition to Make a Call (Title)
The humble petition of. . . . . . . . . . . . ., Official Liquidator of the above-named Company showeth as follows: 1. The above-named Company was, by an order of this Court, dated the. . . . . . . day of. . . . . . . . 19. . . . ., ordered to be wound up by this Court (or, under the supervision of this Court, as the case may be). 2. By an order of this Court, dated the. . . . . . . . . . day of. . . . . . . . . . . . 19. . . ., I was appointed Official Liquidator of the said Company.

3. On the. . . . . . . . . day of. . . . . . . . . 19. . . ., the list of contributories was finally settled by me and endorsed by the Judge on. . . . . . . . 4. The amount of debts proved and admitted against the said Company and the estimated amount of costs, charges and expenses incidental to the winding up aggregate the sum of Rs. . . . . . . . . or thereabout. 5. Of the assets set forth in the statement of assets, I have realized the sum of Rs. . . . . . . . . of which I still have in hand the sum of Rs. . . . . . . . . I estimate that the assets still remaining to be collected will realize approximately Rs. . . . . . . . . There are no other assets belonging to the said Company except the amounts due from the contributories. 6. In the settled list of contributories of the said Company appear the names of. . . . . . . . . persons in respect of. . . . shares. 7. For the purpose of satisfying the debts and liabilities of the Company and of paying the costs, charges and expenses of the winding up, I believe the sum of Rs. . . . . . . . . will be required in addition to the amount I now have in hand and the amount still to be collected by realization of the outstanding assets. 8. In order to provide the said sum of Rs. . . . . . . . . it is necessary to make a call upon the several persons who have been settled on the list of contributories and to provide for the contingency of some of such contributories partly or wholly falling to pay the amount of such call. I believe that for the purpose of realizing the said amount required, it is necessary that a call of Rs. . . . . per share be made. Your petitioner, therefore, humbly prays that leave be given to make a call of Rs. . . . . . . . . per share on all the contributories of the said Company, Or that such order may be made in the premises as may be fit and proper. Official Liquidator Verification I, . . . . . . . . . . . . the Official Liquidator of the above-named Company solemnly affirm that the statements contained in the foregoing petition are true to the best of my knowledge, information and belief. Official Liquidator

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FORM 57 Affidavit of Liquidator in Support of Proposal for Call (Title)
I, . . . . . . . . . . . . of &c., the Liquidator of the above-named Company, make oath and say as follows: 1. I have in the Schedule now produced and shown to me, and marked with the letter A, set forth a statement showing the amount due in respect of the debts proved and admitted against the said Company and the estimated

amount of the costs, charges and expenses of, and incidental to, the winding up the affairs thereof and which several amounts form in the aggregate the sum of Rs. . . . . . . . . or thereabouts. 2. I have also in the said Schedule set forth a statement of the assets in hand belonging to the said Company, amounting to the sum of Rs. . . . . . . . . and no more. There are no other assets belonging to the said Company except the amounts due from certain of the contributories of the said Company, and, to the best of my information and belief, it will be impossible to realise in respect of the said amounts more than the sum of Rs. . . . . . . . . or thereabouts. 3. Persons have been settled by me on the list of contributories of the said Company in respect of the total number of. . . . . . . . shares. 4. For the purpose of satisfying the several debts and liabilities of the said Company and of paying the costs, charges and expenses of, and incidental to, the winding up the affairs thereof, I believe the sum of Rs. . . . . . . . . will be required in addition to the amount of the assets of the said Company mentioned in the said Schedule A, and the said sum of Rs. . . . . . . . . 5. In order to provide the said sum of Rs. . . . . . . . . it is necessary to make a call upon the several persons who have been settled on the list of contributories as before mentioned, and, having regard to the probability that some of such contributories will partly or wholly fail to pay the amount of such call, I believe that, for the purpose of realizing the amount required as before mentioned, it is necessary that a call of Rs. . . . . . . . . per share should be made. Sworn, &c.

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FORM 58 Schedule Referred to in the Preceding Form

In the matter of the limited, in liquidation and the Indian Companies Act, VII of 1913.
Schedule of Liabilities and Assets

Liabilities

Amount with the Bank

Amount of debts Government and liabilities . . . . . treasury and in . . . . . . . . . . . hand . . . . . . .. Estimated amount of cost, charges, and expenses of, and incidental to, winding up of the company, including Liquidators remuneration Book debts and other property, nominal vain? . . . . ...

.... ...... ..

.... ...... .. Expected to realize ..

.... ...... .. .... ...... ..

Total . . . . . . .
Dated. . . . . . . . . . . Official Liquidator

Total . . . . . . .

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FORM 59 Summon for Intended Call (Title)
Let all parties concerned attend at. . . . . . . . . . on the. . . . . . . . . day of 19. . . ., at. . . . oclock on the hearing of an application on the part of the Official Liquidator of the above-named Company that a call to the amount of Rs. . . . . per share may be made on all the contributories (or, if upon any particular class, specify the same) of the said Company. Given under my hand and the seal of the Court, this. . . . . . day of. . . . . 19. . . Judge or Deputy Registrar To Mr. C. D. of. . . . . . . . . . . . a contributor of the said company, proposed to be included in the said call.

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FORM 60 Advertisement of Intended Call (Title)

Notice is hereby given that the. . . . . . . . day of. . . . . . . . 19. . . . at. . . . oclock at the Court House has been appointed to make a call on all the contributories of the said Company (or, as the case may be), and that the Official Liquidator of the said Company proposes that such call shall be for Rs. . . . . . per share. All persons interested are entitled to attend, at such day, hour and place to offer objections to such call. Given under my hand and the seal of the Court, this. . . . . . . day of. . . . 19. . . . Judge or Deputy Registrar

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FORM 61 General Order for Call (Title)
Upon the application, dated the. . . . . . . . day of. . . . . . . . . 19. . . ., of the Official Liquidator of the above-named Company and upon reading the order, dated the . . . . . . . . day of 19. . . ., directing winding up of the Company the list of contributories of the said Company and the Official Liquidators certificate of the final settlement of the same filed on the. . . . . . . . day of 19. . . . the affidavit of the said Official Liquidator filed on the. . . . . . . . day of 19. . . . and the exhibit marked A referred to therein, and an affidavi t of. . . . . . . . filed on the. . . . . . . . day of 19. . . , it is ordered that a call of Rs. . . . . . . . . per share be made on all the contributories of the said Company (or as the case may be). And it is ordered that each such contributory do on or before the. . . . . . . . day of. . . . . . . . 19. . . ., pay into the. . . . . . . . . . . . Bank or into the Court to the account of the said Official Liquidator or to the said Official Liquidator at. . . . . . . . the amount which will be due from him or her in respect of such call. In case of failure to pay the amount set forth above, payment order for the amount due together with interest at the rate of. . . . . . . . per cent. . . . . . . . per annum from the. . . . . . . . day of. . . . . . . . 19. . . ., until payment will be passed on the. . . . . . . . day of. . . . . . . . 19. . . ., without any further notice. Dated the. . . . . . . . day of. . . . . . . . 19. . . . Judge

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FORM 62 Notice to be Served with Order Sanctioning a Call (Title)

The amount due from you. . . . . . . . . . . . in respect of the call made by the above order is that sum of Rs. . . . . . . . ., which sum is to be paid by you on or before the. . . . . . . . day of. . . . . . . . 19. . . ., into the. . . . . . . . . . . . (Bank) or to the Court into my account or to the undersigned. Official Liquidator of the said Company, at my office at. . . . . You may pay the same in person or through a Banker or other agent but this notice and copy of the order attached must be produced at the. . . . . . . . (Bank) or the Court. Upon such payment the Bank or the Court will deliver to you a certificate of the payment; you must immediately upon such payment cause written notice of the payment and of the date thereof to be given to me of the Official Liquidator of the said Company at my above-named office. In default of payment of the amount set forth above, payment order of the amount due together with interest at the rate of. . . . per cent per annum from the . . . . . . . . day of. . . . . . . . 19. . . . until payment will be passed by the Court on the day of. . . . . . . . 19. . . . without any further notice. Dated the. . . . . . . . day of. . . . . . . . 19. . . . Official Liquidator NoteInterest will not be more than 4 per cent per annum. To .................... ....................

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FORM 63 Affidavit of Service of Order for Call Along with the Notice for Payment
I, . . . . . . . . . . . . solemnly affirm and say as follows : 1. I did on. . . . . . . . day of. . . . . . . . 19. . . . serve in the manner hereinafter mentioned on all the persons named in the Schedule marked A hereunto attached, with a copy of the Courts order, dated. . . . . . . . directing a call to be made from each of them along with a notice of payment issued to each of them by the Liquidator as per form marked B attached herewith except with the amounts shown as due from each of such persons as noted in the said Schedule marked A. 2. That I caused the said respective copies of the said notice and order to be served by putting such copies respectively duly addressed on such persons respectively and with the proper postage stamps affixed thereto as Registered Acknowledgement Due letters into the Post Office at. . . . on the said. . . . . . . . day of. . . . . . . . 19. . . .

Official Liquidator or Clerk or Agent.

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FORM 64 Application of Official Liquidator for an Order of Payment Against Contributories (Title)
That by an order, dated. . . . . . . . . . . day of. . . . . . . . . . . . at. . . . . . . . . 19. . . ., the contributories named in the Schedule annexed to the enclosed affidavit, dated. . . day of. . . . . . . . 19. . . . they were ordered to pay the several sums of money set opposite their respective names on or before. . . . . . . . day of. . . . . . . . 19. . . . 2. That notwithstanding the petitioner having served upon the said persons, with a copy of the said order along with a notice directing payment of the amount due from them as stated above, they have failed to pay the amounts due from each of them. 3. It is prayed that order may kindly be made against them for payment of the amount set opposite their respective names together with interest at. . . . . . . . for the future period till the amount is paid. The necessary affidavit is herewith attached. Official Liquidator

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FORM 65 Affidavit in Support of Application for Order of Payment of Call Due from Contributories (Title)
I, . . . . . . . . . . . . . . . . Official Liquidator (Clerk or Attorney) of the above-named Company solemnly affirm and say : 1. That none of the contributories of the said Company whose names are set-forth in the Schedule hereunto annexed, marked A, have paid or caused to be paid the respective sums set opposite their respective names in the said Schedule and which sums are the respective amounts now due from them respectively in respect of the call made in pursuance of the order on that behalf dated. . . . . . . . . . . . day of. . . . . . . . 19. . . . 2. That the respective amounts or sums set opposite the names of such contributories respectively in such Schedule are the true amounts due and owing by such contributories respectively in respect of the said call. Deponent

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FORM 66 Order for Payment of Call (Title)

Upon the application of the Official Liquidator of the above-named Company and upon reading the order, dated the. . . . . . . . day of. . . . . . . . 19. . . . and his affidavit dated the. . . . . . . . day of. . . . . . . . 19. . . ., filed with the said application, and affidavit of. . . . . . . . . . . . dated the. . . . . . . . day of. . . . . . . . 19. . . . (re service, of notice) and hearing. . . . . . . . . . . . It is ordered that the several persons named in the second column of the Schedule to this order, being respectively contributories of the said Company, pay to the Official Liquidator of the said Company the amount mentioned against their respective names in column No. 8, which are due in respect of calls made on them and are still unpaid. This order of payment may be enforced as a decree under the provision of Sections 199 and 208 of the Indian Companies Act, VII of 1913, and if the contributories residing out of jurisdiction of this Court do not pay, application may be made to proper Courts by the Official Liquidator for enforcement of order of payment with a copy of this order under Section 201 of the above Act. Dated this. . . . . . . . day of. . . . . . . . 19. . . . Judge

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SCHEDULE A

2 No. on the list

3 Name and address

4 Description

5 In what character

6 Amount of Call Due Principal Rs. P. Rs. Interest P. Rs.

Proportionat

Serial No.

P.

FORM 67 Liquidators Statement of Account (General Directions as to Statements) (Name of Company)

(1) Every statement must contain a detailed account of all the Liquidators realizations and disbursements in respect of the Company. The statements of realizations should contain a record of all receipts derived from assets existing at the date of the winding up order of resolution and subsequently realized, including balance in bank, book debts, and calls collected, property sold, etc., and the account of disbursements should contain all payments for costs and charges, or to creditors or contributories. Where property has been realized, the gross proceeds of sale must be entered under realization, and the necessary payments incidental to sales must be entered as disbursements. These accounts should not contain payments into the Companys liquidation account (except unclaimed dividendssee paragraph 4) or payments into or out of bank, or temporary investments by the Liquidator, or the proceeds of such investments when realized, which should be shown separately (a) by names of the bank pass book; (b) by a separate detailed statement of moneys invested by the Liquidator, and investments realized. Interest allowed or charged by the Bank, commission, etc., and profit or loss upon the realization of temporary investment should, however, be inserted in the accounts of realizations or disbursements, as the case may be. Each receipt and payments must be entered in the account in such a manner as sufficiently to explain its nature. The receipts and payments must severally be added up at the foot of each sheet, and the totals carried forward from one account to another without any intermediate balance so that the gross totals shall represent the total amount received and paid by the Liquidator respectively. 2. When the Liquidator carried on a business, a trading account must be forwarded as a distinct account, and the totals of receipts and payments on the trading account must alone be set out in the statement. 3. When dividends or instalments of compositions are paid to creditors, or a return of surplus assets is made to contributories, the total amount of each dividend, or instalment of composition, or return to contributories, actually paid, must be entered in the statement of disbursement as one sum; and the Liquidator must forward separate accounts showing in lists the amount of the claim of each creditor, and the amount of dividend or composition payable to each creditor and of surplus assets payable to each contributory distinguishing in each list the dividends or composition and shares of surplus assets actually paid and those remaining unclaimed. 4. When unclaimed dividend, instalments of composition, or return of surplus assets are paid into the Companys liquidation account, the total amount so paid in should be entered into the statement of disbursements as one sum. 5. Credit should not be taken in the statement of disbursements for any accounts in respect of the Liquidators remuneration unless it has been duly allowed by resolution of the Company in general meeting, or by order of Court.

Liquidators Statements of Account (Pursuant to section..............of the Indian Companies Act, 1913).
Name of Company. Nature of proceedings (whether wound up by the Court, or under the supervision of the Court, or voluntarily).

Date of commencement of winding up. Date of which statement is brought down. Name and address of Liquidator. This statement is required in duplicate.

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Liquidators Statement of Account Pursuant to Section........... of the Indian Companies Act, 1913
Realization Date Of whom received Nature of assets realized Rs. N. P. Amount

Brought forward . . . . . . Carried over . . . . . . Disbursement Date To whom paid Name of disbursement Amount Rs. N. P.

Brought forward . . . . . . Carried foreword . . . . . .

NoteNo balance should be shown on this account, but only the total realizations and disbursements which should be carried forward to the next account.
Analysis of Balance Analysis Rs. P. Total realizations . . . . . . . . . . . . Total disbursements . . . . . . . . . . . . The balance is made up as follows : 1. Cash in hands of Liquidator . . . . . . . . . . . . 2. Total payments into Bank, including balance at date of commencement of winding up (as per bank book) . . . . . . . . . . . .

Total withdrawals from Bank . . . . . . . . . . . . __________ Balance at Bank . . . . . . . . . . . 3. Amount in Companys liquidation account. . . . . . . . . . . 4. Amount invested by Liquidator less amounts realized from same . . . . . . . . . . . . __________ Balance . . . . . . . . . . . Total balance as shown above (NoteFull details of stocks purchased for investment and of realization thereof should be given in a separate statement). NoteThe Liquidator should also state : 1. The amount of the estimated assets and liabilities at the date of the commencement of the winding up. Assets (after deducting amounts charged to secured creditors and debenture-holders).

Liabilities : Secured creditors, Debenture-holders. Unsecured creditors. Paid-up in cash.

Issued as paid-up otherwise than for cash. 2. The total amount of the capital paid up at the date of the commencement of the winding up. 3. The general description and estimated value of outstanding assets (if any). 4. The causes which delay the termination of the winding up. 5. The period within which the winding up may probably be completed.

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FORM 68 Affidavit Verifying Statement of Liquidators Account (Name of Company)
I. . . . . . . . . . . . . . . ., of. . . . . . . . . . the Official Liquidator of the above-named Company, make oath and say; That *(the account hereunto annexed marked, . . . . . . . . . . contains a full and true account of any receipts and payments in the winding up of the above-named Company), from the. . . . . . . . . . day of. . . . . . . . . . 19. . . ., to the. . . . . . . day of. . . . . . . 19. . . ., inclusive, and *(that) I have not, nor has any other person by my order or for my use during such period, received or paid any moneys on account of the said Company *(other than and except the items mentioned and specified in the said account). I further say that the particulars given in the annexed Form. . . . . . . . . . . marked. . . . . . . ., with respect to the proceedings in, and position of, the liquidation are true to the best of my knowledge and belief. Sworn at. . . . The affidavit is not required in duplicate, but it must in every case be accompanied by a statement in Form. . . . . . . . in duplicate. *If no receipts or payments, strike out the words in brackets:

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FORM 69 Liquidators Trading Account (Name of Company)
I. . . . . . . . . . . ., the Liquidator of the above-named Company, in account with the estate.

This account is required in duplicate in addition to Form No. . . . . Dr. Date Receipts Amount Rs. P. Date Cr. Payments Amount Rs. P.

Dated Liquidator

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FORM 70 List of Dividends or Composition (Name of Company)
I hereby certify that a dividend (or composition) of. . . . . . . . in the Rupee was declared payable on and after the. . . . . . . . day of. . . . . . . . 19. . . ., and that the creditors whose names are set-forth below are entitled to the amounts set opposite their respective names and have been paid such amounts except in the cases specified as unclaimed. Dated the. . . . . . . ., day of. . . . . . . . 19. . . . Liquidator Name Amount of proof Amount of Dividends or (composition) Paid Rs. P. Rs. P. Rs. Unclaimed P.

This list is required in duplicate.

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FORM 71 List of Amount Paid or Payable to Contributories (Name of Company)
I hereby certify that a return of surplus assets was declared payable to contributories on and after the. . . . . . . . day of. . . . . . . . 19. . . ., at the rate of. . . . . . . . per share, and that the contributories whose names are set-forth below are entitled to the amounts set opposite their respective names and have been paid such amounts except in the cases specified as unclaimed.

Dated the. . . . . . . . day of. . . . . . . . 19. . . . Liquidator Name Number of shares Amount returned on shares Paid Rs. P. Rs. Unclaimed P.

This list is required in duplicate.

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FORM 72 Affidavit Verifying Account of Unclaimed and Undistributed Funds
I, . . . . . . . . . . . . of. . . . . . . . . . . ., make oath and say that the particulars entered in the statement hereunto annexed marked A, are correct; and truly set-forth all moneys in my hands or under my control representing unclaimed or undisbursed assets of the above Company, and that the amount due by me to the Companys Liquidation Account in respect of unclaimed dividends and undistributed fund is Rs. . . . . . . . . Sworn, etc. Signature

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FORM 73 Direction of Open Account at any Scheduled Bank as Defined in Clause (e) of Section 2 of the Reserve Bank of India Act, 1934 (Heading)
To The Agent, ......................... ......................... Sir, An order, dated. . . . . . . . day of. . . . . . . . 19. . . ., having been made in the abovematter by the Punjab High Court at. . . . . . . . . . . . for winding up of the above-named Court by the Court (or under supervision of the Court), Mr. . . . . . . . . . . . . . . . . having by order, dated. . . . . . . . been appointed to be Official Liquidator of the said Company you are requested to open an account to be entitled. The account of the Officia l Liquidator of. . . .

Company, in your books pursuant to the Indian Companies Act, VII of 1913. All cheques drawn upon such account must be signed by the Official Liquidator whose signature is attached hereto and countersigned by. . . . . . . . whose signature is also attached herewith (or. . . . . . . . dispensed with). (Signature of Official Liquidator). I am, Your most obedient servant, Deputy Registrar

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FORM 74 Summons for Persons to Attend to be Examined (Title)
A. B. of &c. and R. P. of &c. are hereby severally summoned to attend at. . . . . . . . . . . . on. . . . . . . . day of. . . . . . . . 19. . . ., at. . . . oclock to be examined on the part of the Official Liquidator (or of W. D. of & C.) for the purpose of proceedings directed by the Honble Mr. Justice. . . . . . . . . . . . (or by the Court) to be taken before me in the above matter (and the said A. B. is hereby required to bring with him and produce at the time and place aforesaid, a certain indenture (describe documents) and all other books, papers, deeds, writing and other documents in his custody or power in anywise relating to the above named Company. Dated the. . . . . . . . day of. . . . . . . . 19. . . . Judge This summons was taken out by Messrs. G. and D. of. . . . . . . . Advocate or Pleader for the Official Liquidator (or for the said W. D.).

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FORM 75 Order Directing Public Examination (Title)
Upon reading the application, dated. . . . . . . . together with affidavit of the Official Liquidator (or creditor or contributory) in the above matter, dated respectively, the. . . . . . . . day of. . . . . . . . 19. . . ., the. . . . . . . . day of. . . . . . . 19. . . . ., and. . . . . . . . it is ordered that the several persons whose names and addresses are set-forth in the schedule hereto do attend before the Court on a day and at a place to be named for the purpose, and be publicly examined as to the promotion or formation of the Company and as to their conduct of the business of the company, and as to the conduct and dealings as directors or officers of the Company.

The Schedule Referred to

Name 1 Address 2 Connection with the Company 3

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FORM 76 Order Appointing a Time for Public Examination (Title)
Upon the application of the Official Liquidator in the above matter, it is ordered that the public examination of. . . . . . . . who, by the order of the Court, dated the. . . . . . . . day of. . . . . . . . 19. . . ., was directed to attend before. . . . . . . . . . to be publicly examined, be held at. . . . . . . . on the. . . . . . . . day of. . . . . . . . 19. . . . And it is ordered that the above-named. . . . . . . . . . . . do attend at the place and time above-mentioned. NoteIt is also ordered that if you, the above-named fall, without reasonable excuse to attend at the time and place aforesaid, you will be liable to be committed to prison without further notice. Dated this. . . . . . . . day of. . . . . . . . 19. . . . Deputy Registrar

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FORM 77 Notice to Attend Public Examination (Title)
Whereas by an order of this Court, made on the day of. . . . . . . . 19. . . . ., it was ordered that you, the undermentioned. . . . . . . . should attend before the. . . . . . . . Court on a day and a place to be named for the purpose, and be publicly examined as to the promotion or formation of the Company, and as to the conduct of the Company and as to your conduct and dealings as (a) . . . . . . . . . . . . and whereas the . . . . . . . . day of. . . . . . . . 19. . . ., at. . . . Oclock in the. . . . . . . . noon before the. . . . . . . . sitting at. . . . has been appointed as the time and place for holding the said examination: Notice is hereby given that you are required to attend at the said time and place, and at any adjournments of the examination which may be ordered, and to bring with you and produce all books, papers, and writings and other documents in your custody in any way relating to the above-named Company. And take notice that, if you fail without reasonable excuse, to attend at such time and place, and at the adjournments of the said public examination which may be ordered, you will be liable to be committed to prison without further notice. Dated this. . . . . . . . day of. . . . . . . . 19. . . . Deputy Registrar or Official Liquidator

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FORM 78 Advertisement of Pay, Time and Place for Public Examination of Directors and Officers of the Company (Title)
To All concerned. Notice is hereby given that the. . . . . . . . day of. . . . . . . . 19. . . ., at. . . . oclock in the. . . . . . . . noon at. . . . has been appointed for holding the public examination of. . . . . . . . Director, or Officer of the above-named Company, . . . . . . . . . . . . All persons interested are entitled to attend at such day, hour and place and to take part in the examination of the aforesaid Director or Officer of the Company. Dated this. . . . . . . . day of. . . . . . . . 19. . . . Official Liquidator or Deputy Registrar

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FORM 79 Warrant Against Person who Fails to Attend Examination (Title)
To The Bailiff of this Court and to the Superintendent of the. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jail, at. . . . . . . . . . . . Whereas by evidence taken upon oath, it has been made to appear to the satisfaction of the Court that by order of the Court, dated the. . . . . . . . day of. . . . . . . 19. . . ., and directed to (name of person required to attend) he was directed to attend personally at. . . . . . . . and be examined before the Honble. . . . . . . . . . . . . . . . which order was afte rwards as hath been duly stated on oath, duly served upon the said (name of. . . . . . . . required to attend), has absconded and gone abroad (or quit his place of residence) with a view to avoiding examination under the Companies Act (VII of 1913). And whereas the. . . . . . . . . . . . (name of the person required to attend) did without good cause fail to attend on the said. . . . . . . . . . . . day of. . . . . . . . 19. . . ., for the purpose of being examined, according to the requirements of the said order of this Court made on the. . . . . . . . day of. . . . . . . . 19. . . ., directing him so to attend. These are therefore to require you the said Bailiff, to take the said. . . . (name of person required to attend) and to deliver him to the Superintendent to receive the said (name of person to attend) and to keep him safely in the said prison until such time as this Court may order. Given under my hand and seal of the Punjab High Court at. . . . . . . . . . . . this day of. . . . . . . . 19. . . . Deputy Registrar

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FORM 80 Advertisement as to Declaration of Dividend (Title)

Notice is hereby given that a first (or, as the case may be) dividend of. . . . . . . . in the rupee has been declared that the same will be payable on the . . . . . . . . day of . . . . . . . 19. . . . at the office of the Official Liquidator (give full address). Every person entitled to participate in this dividend will receive notice to that effect and no payment will be made except upon production of such notice. Dated this. . . . . . . . day of. . . . . . . . 19. . . . Official Liquidator

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FORM 81 Notice of Dividend (Title)
Dividend of. . . . . . . . in the Rupee (Address) (Date) Notice is hereby given that a first (or as the case may be) dividend of. . . . . . . . in the rupee has been declared, and that the same will be payable at my office as above, on the. . . . . . . . day of. . . . . . . . 19. . . ., or on any subsequent day between the hours of. . . . . . . . and. . . . . . . . Upon applying for payment this notice must be produced, together with bills of exchange, promissory notes or other negotiable securities held by you. If you desire the dividend to be paid to some other person, you may sign and lodge with the Liquidator an authority in the prescribed Form No. . . . If you do not attend personally you must fill up and sign the adjoined Forms of Receipts and Authority. Official Liquidator To. . . . . . . . . . . . NoteThe receipt and authority should, in the case of a firm, be signed in the firms name.

Receipt (Title)
(Address) (Date)

Received from the Official Liquidator the sum of Rs. . . . . . . . . being the amount payable to me (us) in respect of the dividend of. . . . . . . . in the rupee. Rs. . . . . . . . . Payees Signature

Authority for Delivery (Title)

(Address) (Date) Sir, At my/our risk and expense please deliver to me/us by post or to the bearer the cheque or order for the dividend payable to me/us in this matter or send by money order the dividend payable to me/us in this matter. Payees signature To The Official Liquidator

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FORM 82 Authority to Liquidator to Pay Dividends to Another Person (Title)
(Address) (Date) To The Official Liquidator Sir, I (we) hereby authorise you to pay the dividend referred to in the enclosed notice (Notice, of dividend) to. . . . . . . of . . . . (a specimen of whose signature is given below) whose receipt shall be sufficient discharge.

Signature (b) Witness Address

Occupation Specimen of Signature of person appointed as above.

Witness Address Occupation. Note(b) If signed by a firm, sign the Firms name and add by H. B. A. partner in the said firm.

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FORM 83 Schedule or List of Contributories to Whom a Return is to be Paid (Title)
No. is Name of Address No. of Total settled list contributory shares held called-up as in settled as per settled value list list 1 2 3 4 5 Arrears of calls at date of return Previous returns of capital appropriate by liquidators for arrears of calls 7 Amount of return payable at per share

Net retu payabl

FORM 84 Notice of Return to Contributories (Title)

Return of Rs. . . . . . . . . per share (Address) (Date) Notice is hereby given that a first (or as the case may be) return of Rs. . . . . . . . per share has been declared, and that the same will be payable at my office, as above on. . . . . . . . the. . . . . . . . day of. . . . . . . . 19. . . ., or on any subsequent day between the hours of. . . . . . . . . . . . M. and . . . . . . . . . . . . M. Upon applying for payment this notice must be produced together with share certificate(s). If you do not attend personally you must forward the share certificate and fill up and sign the subjoined Forms of Receipt and Authority. Official Liquidator

NoteThe receipt should be signed by the contributory personally or in the case of joint contributories, by each.

Receipt (Title)
(Address) (Date) No. Received from the Official Liquidator the sum of Rupees. . . . . . . . . . . . being the amount payable to me (us) . . . . . . . . . . . . in respect of. . . . . . . . . . . . the. . . . . . . . return of per share held by me (us). Signature (s) Rs. . . . . . . . .

Authority for Delivery

(Address) (Date)

Sir, Please deliver to bearer. . . . . . . . . . . . (or me/us by post, at my/our risk) the return of Rs. . . . . . . . . payable to me/us.

Signature(s)

To The Official Liquidator

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FORM 85 Affidavit of Liquidator as to Proposed Compromise with a Contributory (Title)
I, . . . . . . . . . . . . of. . . . . . . ., the Official Liquidator of the above-named Company make oath (or solemnly affirm) and say : 1. That. . . . . . . . . . . . has been, settled on the list of contributories of the above-named Company in respect of. . . . . . . . . . . . shares therein and by an order in these matters dated. . . . . . . . a call of Rs. . . . . . . . . per share has been made on him in respect thereof amounting to Rs. . . . . . . . . 2. That the said. . . . . . . . has applied to me to accept a compromise of Rs. . . . . to be paid as follows in full discharge of his liability in respect of the said sum of Rs. . . . . . . . . 3. I have investigated the affairs of the said. . . . . . . . who has made an affidavit to his means filed the. . . . . . . . day of. . . . . . . . 19. . . ., and as a result of such investigation it appears that the said. . . . . . . . cannot pay the said sum of Rs. . . . . . . and I believe I shall not be able to obtain from his estate as much as I shall not be able to obtain from his estate as much as I shall by the said compromise. I believe it will be beneficial to the said Company that the said compromise shall be accepted. Sworn (or solemnly affirmed). Official Liquidator

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FORM 86 Notice to All Creditors and Shareholders
In the matter of the winding up. . . . . . . . . . . . Company, Ltd., (In Liquidation) To (1) All Creditors (2) All Shareholders.

Notice is hereby given that by an order, dated. . . . . . . . day of. . . . . . . . 19. . . ., the Honble. . . . . . . . . . . . has directed meeting of creditors and contributories of the above-named Company for the purpose of considering and if thought fit, approving of, with or without modifications the scheme of arrangement (1) Which has been circulated and of which copies may be obtained on application from the under-mentioned Official Liquidators. ............................ ............................ (2) A copy whereof is enclosed herewith. The meetings will be held on. . . . . . . . day of. . . . . . . . 19. . . ., at. . . . . . . . at. . . . . oclock for creditors and at. . . . . . . . oclock the same day for contributories, at respective place and time ; the creditors and contributories of the above-named Company are requested to attend or may do so by executing and depositing with the Official Liquidator at. . . . . . . . not later than 48 hours the time appointed for the meetings, i. e., by. . . . . . . . . . . . the form of proxy. (1) Which has been approved of and circulated. (2) Sent herewith.

provided that such proxy may be held only by persons who are themselves entitled to vote at the meeting also in their own right. The Court has appointed Mr. . . . . . . . . . . . and falling him Mr. . . . . . . . . . . . . to act as Chairman of the creditors meeting and Mr. . . . . . . . . . . . failing him Mr. . . . . . . . . . . . . to act as Chairman of the contributories meeti ng. The above scheme will be subject to the approval of the Court. Dated this. . . . . . . . day of. . . . . . . . 19. . . . Official Liquidator

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FORM 87 Appearance Book (Title)

Date when appearance entered

Party's name

Whether creditor or contributory

If he appears in person his address for service

If he appears by an advocate or pleader his advocate's or pleader's name

Advocate's or pleader's address

Amount of debt or number of shares

FORM 88 In the High Court at. . . . . . . . .Liquidation Case No.

Re
versus
Application under Section 186 of the Indian Companies Act, VII of 1913, for recovery of Rs. . . . . . . . . with interest and costs. Petition represented on. . . . . . . .

Order
Upon the application of the Official Liquidator of the above-named company and upon hearing. . . . . . . . for the petitioner and. . . . . . . . for the respondent, it is ordered under Section 186 of the Act, that the above-named. . . . . . . . . . . . do pay to the Official Liquidator of the said Company the sum of Rs. . . . due from him . . . . . . on the basis of a pronote for Rs. . . . . . . . . as interest and further interest at. . . . p. a. from. . . . . . . till the date of realization on the balance remaining unpaid from to time. This payment order may be enforced as a decree under the provision of Section 199, 200 and 201 of the Act. Dated: Judge

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FORM 89 Certificate of the Company Being Completely Wound up and of the Official Liquidator Having Passed His Final Account (Title)
I hereby certify that R. P. H., the Official Liquidator of the above named Company, has passed his final account as such Official Liquidator, and that the balance of Rs. . . . . . . . . thereby certified to be due to (or from) the said Official Liquidator has been paid in the manner directed by the order, dated the. . . . . . . . day of. . . . . . . . 19. . . ., and that the affairs of the Company have been completely wound up. Dated this. . . . . . . . day of. . . . . . . . 19. . . . Judge

____________

FORM 90 Order to Dissolve the Company (Title)

Upon the application of the Official Liquidator of the above named Company, and upon reading an order, dated the. . . . . . . . day of. . . . . . . . 19. . . ., and the certificate dated the. . . . . . . . day of. . . . . . . . 19. . . ., whereby it appears that the affairs of the said Company have been completely wound up, and that the balance of Rs. . . . . . . . . due from (or to) the Official Liquidator has been paid in the manner directed by the said order it is ordered that the said. . . . . . . . . . . . Company be dissolved as from this. . . . . . . . day of. . . . . . . . 19. . . ., and that the recognizance, dated the. . . . . . . . day of. . . . . . . . 19. . . ., entered into by the said Official Liquidator, together with W. B. and T. P. his sureties be vacated. Judge

____________
FORM 91 Petition for Reduction of Capital (Title)
The humble petition of. . . . . . . . . . . . Limited and Reduced. Showeth 1. Your petitioner the above-named Company (hereinafter called the company) was incorporated on the. . . . . . . . day of. . . . . . . . 19. . . ., under the provisions of the Indian Companies Act, as a company limited by shares. 2. The registered office of the Company is situated at (state full address). 3. The objects of the Company are as follows : (state principal objects according to Memorandum of Association) . . . . . . . . and other objects set forth in the Memorandum of Association thereof. 4. The nominal capital of the Company is Rs. . . . . . . . . divided into. . . . . . . . of which. . . . . . . . have been issued and are fully paid up or credited as fully paid up. 5. Shortly after its incorporation, the Company commenced to carry on and it has since been and still is carrying on business. 6. By article(s) . . . . . . . . . . . . of the Articles of Association of the Company, it is provided that the Company may (set out Article or Articles of Association authorising a reduction of capital). 7. (set out the reasons for reduction stating all material facts and circumstances). 8. Under the provisions of Section 55 of the Indian Companies Act, 1913, and in pursuance of the powers in that behalf contained in the said Articles of Association the Company by Special Resolution of its share-holders duly passed at Extraordinary General Meeting duly convened and held on the. . . . . . . . day of. . . . . . . . 19. . . ., resolved: (Set out the special resolution for reduction of capital).

9. The reduction of capital does not involve either diminutation of liability in respect of unpaid capital or the payment to any share holder of any paid-up capital and in consequence no creditor is entitled to object to the reduction under the provision of section 58 of the said Act.
3

10. (If the petition asks that the use of the words and reduced be dispensed with, here state reasons). 11. The form of minute proposed to be registered under the provisions of Section 61 of the said Act is as follows : (Set out proposed Minute of Reduction). Your petitioner, therefore, humbly pray
1

(1) That the reduction of capital to be effected by the Special Resolution set out in paragraph 8 hereof be confirmed and that the minute set forth in paragraph 11 hereof be approved by the Court. (2) That the addition of the words and reduce to the Companys name be dispensed with. (3) That the obtaining of the certificate provided for by Rule 180 of the Rules of this Honble Court may be dispensed with and that in accordance with Rule 169 of the said Rules a day may be fixed for the hearing of this petition and directions given as to the advertisements to be published. (4) That such other order may be made/passed in the premises as the Court shall thinks fit.

Petitioners

Verification
I, . . . . . . . . . . . . of. . . . . . . . make oath (or solemnly affirm) and say as follows: (1) That I am a (director) of the petitioner Company and as such I am fully acquainted with the affairs of the said Company. (2) That the facts stated in the foregoing petition are true to my knowledge. Sworn (or solemnly affirmed), etc. 1. Omit or alter paragraphs (2) and (3) according to circumstances.

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FORM 92 Advertisement of Presentation of Petition (Title)
Notice is hereby given that a petition has been presented to the above-named Court for an order confirming the reduction of the share capital of the above-named Company from Rs. . . . . . . . . to Rs. . . . . . . . . resolved on by the special resolution passed at extraordinary general meeting of the said Company, held, on the. . . . . . . . day of. . . . . . . . 19. . . .

The said petition is directed to be heard by the said Court at the Court House, at. . . . . . . . on the. . . . . . . . day of. . . . . . . . 19. . . .

Attorney(s) for the Company

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FORM 93 Order Where Creditors are Entitled to Object (Title)
Upon the application by summons, dated. . . . . . . . 19. . . . of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limited, and upon hearing. . . . . . . . . . . . for the Company and upon reading the petition presented to this Court on the. . . . . . . . day of 19. . . ., and the affidavit in verification thereof, it is ordered that an enquiry be made as to what are the debts, claims and liabilities of or affecting the said Company as on the . . . . . day of. . . . . . . . 19. . . . and it is further ordered a list of creditors of the said Company be made out as at the said. . . . . . . . . . . . day of. . . . . . . . 19. . . ., and that such list shall (not) disclose the amounts due to the creditors respectively and that such list be filed by the said Company in this Court on or before the. . . . . . . . day of. . . . . . . 19. . . ., and that a copy of such lists shall be kept at the registered office of the said Company and at the office of its attorney; and that notice of the said application shall be sent to each creditor on or before the day of. . . . . . . . 19. . . ., and that such notice in the cases of those creditors whose addresses are not known to the said Company shall be given advertisements to be published in [newspaper(s)]; and that any creditor whose name does not appear in such list or who claims to be a creditor for a larger amount than that stated in the said list shall give notice thereof in manner prescribed in Rule 174, and send his name and address of his attorney if any to the attorney of the said Company within 14 days (or such period as the Judge may direct) from the date of the said notice; and that notice of the filing of the said list shall be advertised by the said Company in (newspaper) (or as the Judge may direct); and that the said Company shall on or before the. . . . . . . . day of. . . . . . . . 19. . . ., file an affidavit verifying such list of creditors, if any as may have given such notice (or, made such claim as aforesaid) distinguishing which, if any, of such claims are wholly or as to any and what part thereof admitted by the said Company and which, if any, of such claims are wholly or at/to any what part thereof disputed by the said Company. Dated. . . . . . . . 19. . . . Judge

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FORM 94 Affidavit in Verification on List of Creditors (Title)
I, . . . . . . . . . . . . of. . . . . . . . make oath (or solemnly affirm) and say as follows: 1. I am a (director) of the Company above-named and duly authorised to make this affidavit. 2. The schedule hereto annexed is a list containing the names of the creditors of, and persons having claims upon the said Company on the. . . . . . . . day of. . . . . . . . . . . . 19. . . . together with their respective addresses and stating the nature and amount of the debts or claims due to or had by them respectively and such list is, to the best of my

knowledge, information and belief, a complete, true and accurate list of such creditors and persons, and in the cases of debts payable on a contingency or not ascertained, and of claims admissible to p roof in a winding up of the said company, the values thereof as stated in such list, are, in my belief, just estimates of the values of such debts and claims, respectively. 3. To the best of my knowledge, information and belief, there was not, at the date aforesaid, any debt, claim or liability which, if such date were the commencement of the winding up of the said company, would be admissible in proof against the said Company other than and except the debts and claims set forth in the said list. I make this statement upon facts within my knowledge as such (director) of the said Company, and upon information derived by me from my investigation of the affairs and the books, documents and papers of the said Company. Sworn (solemnly affirmed).

Schedule
(1) Ascertained Debts and Liquidated Claims.

Name, addresses and descriptions of the creditors of claimants 1

Nature of debt or claim

Amount of debt or claim

(2) (a) Debts payable on a contingency, or not ascertained. (b) Claims not liquidated, but admissible to proof in a winding up of the Company.

Name, addresses and descriptions of the creditors of claimants 1

Nature of debt or claim

Amount of debt or claim

Signature of Deponent __________

FORM 95 Notice to Creditors (Title)

Notice is hereby given that a petition has been presented to the above-named Court praying for an order confirming the reduction of the share capital of the above named Company from Rs. . . . . to Rs. . . . . . resolved on by the special resolution passed and confirmed at extraordinary general meeting of the said company held respectively, on the . . . . . . . . day of . . . . 19 . . . and the . . . . . . . day of . . . . . . . 19 . . . . . Take notice that your name has been entered in the list of creditors of the said Company as a creditor (or, as claiming to be a creditor) of the said Company for the sum (or, for the estimated sum) of Rs . . . . . . in respect of (here state nature of debts or claims as in list of creditors). If you claim to be a creditor for a large amount than the said sum, you must within 14 days (or, as the Judge may allow) from the date of this notice send to the under-signed particulars or your debt or claim, together with your name and address, as also the name and address of your attorney, if any. Attorney for the Company Dated . . . . . . . . . . 19 . . . .

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FORM 96 Advertisement of List of Creditors (Title)
Notice is hereby given that a list of the creditors of the above-named Company has been filed in Court. Any person may, upon payment of the sum of Re. 1, inspect a copy of such list during the usual hours of business, either at the registered office of the above-named Company, at No. . . . . . . or at the office of the undersigned. Dated. . . . . . . . Attorney for the Company

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FORM 97 Affidavit in Verification of List of Creditors (Title)
We,. . . . . . . . . . of . . . . . . . . . and . . . . . . . . of make oath (or, solemnly affirm) and say as follows: 1. I, the said . . . . . . . . . . . . . . ., make oath (or solemnly affirm) and say as follows:

I am the attorney (or a partner, or an assistant of Messrs . . . . . . . . . . . . . . . . . the attorneys) of the Company abovenamed. The annexure hereto marked A is a list containing the names and addresses of all persons who have sent in particulars of their debts or claims in pursuance of notice given in accordance with Rule 174 and the amounts of such debts or claims (or, no creditor has sent in particulars of any debts or claim in pursuance of notice given in accordance with Rule 174). 2. And I, the said . . . . . . . . . . . . . . . . ., make oath (or solemnly affirm and say as follows: I am a (director) of the Company above-named. Notice complying in all respects with the requirements of Rule 174 has been duly given to all the creditors whose names are entered in the list of creditors of the Company abovenamed in Court. In the cases of notices sent by prepaid letter post, such notices were despatched by posting the same at the post office at. . . . . . . . . . . . . . on the . . . . . . . . . day of . . . . . 19 . . . . . . . . before the hour of. . . . . . . In the cases of notices directed by the Court to be given otherwise than by sending the same by post, such notices were given in the manner directed, namely: (Here state particulars. If by advertisement, state names of publications and dates thereof). In the said annexure A, I have truly stated the particulars required by Rule 177 in respect of ea ch of the debts of claims therein mentioned. Sworn (or solemnly affirmed), etc.

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FORM 98 Notice to Creditors to Prove Debt (Title)
Notice to . . . . . . . . . . . . . . . . Place and date Sir, You are hereby required to prove (such part of) the debt claimed by you against the above-named Company (as is not admitted by the Company) by filing your affidavit and giving notice thereof to . . . . . . . of. . . . . . . . . . . . . the attorney of the Company on or before the. . . . . . . . . . day of . . . . . . 19 . . . ., the day appointed for adjudication and you are to attend in person or by your attorney at the Court house on the said date being the date appointed for hearing and adjudicating upon the claim and to produce any documents or securities relating thereto. In default of compliance with the above directions, you will be precluded from objecting to the proposed reduction of the capital of the Company (or, in all proceedings relative to the proposed reduction of the capital of the Company be treated as a creditor for such amount only as is set against your name in the list of creditors). Attorney for the said Company

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FORM 99 Affidavit of Creditor in Proof of Debt (Title)

I, . . . . . . . . . . . . . . . of. . . . . . . . . . . . . . . make oath (or solemnly affirm) and say as follows: 1. (If not made by the creditor personally, the deponent must state his authority for making the affidavit and his means of knowledge). 2. The above-named Company is justly and truly indebted to me (or the said. . . . .) in the sum of Rs. . . . . . . . for, etc. (describe shortly the nature of the debt and exhibit any security for it and in the case of a trade debt, exhibit vouchers). 3. I have not, nor has, nor have, any person or persons by my order to my knowledge or belief for my use received the said sum of Rs. . . . . . . . or any part thereof or any security or satisfaction for the same or any part thereof 1 (except the said security hereinbefore referred to). Sworn (or solemnly affirmed), etc. 1. This paragraph to be adopted in the case of a person other than the creditors being the deponent.

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FORM 100 Notice of the Day Appointed to Hear the Petition for Reduction of Capital (Title)
Notice is hereby given that a petition presented to the said Court on the . . . . . . . . . day of. . . . . . .19 . . . ., for an order confirming the reduction of the capital of the Company from Rs. . . . . . . . to Rs. . . . . . . . . is directed to be heard by the said Court on . . . . . . . . . the . . . . . day of. . . . . . .19 . . . . . Attorney for the Company (High Court Notification No. 55-R, dated the 14th March, 1946).

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Part B

Part B THE BANKING COMPANIES (LIQUIDATION) PUNJAB & DELHI RULES, 1957

In exercise of the powers conferred by Section 45-N (2) and Section 45-U of the Banking Companies Act, 1949 (Act X of 1949), as amended, and in supersession of the Banking Companies, Punjab & Delhi Rules, 1952, as published in Notification No. 156-XVI-A-101/Liqn. dated the 31st July, 1952, the Punjab High Court hereby makes the following rules:

1. Short titleThese rules may be called The Banking Companies (Liquidation) Punjab and Delhi Rules, 1957.
General

2. DefinitionIn these rules, unless there is anything repugnant in the subject or context: (i) Act means the Banking Companies Act, 1949 (X of 1949) as amended from time to time. (ii) Company means a company to which the provisions of the Act apply. (iii) Form means a form given in the Appendix to these rules. (iv) References to Indian Companies Act, 1913 in these rules shall be deemed to be references to corresponding provisions of the Indian Companies Act, 1956, in relation to banking companies wound up on or after the 1st of April, 1956. 3. Presentation of PetitionApplications under Part III or Part III-A of the Act in respect of a Company shall be presented by litigants or their Advocates by depositing them in the petition box of the Court outside the room of the Deputy Registrar. 4. General HeadingApplications under Part III or Part III-A of the Act shall be instituted in the matter of the Act and in the matter of the Banking Company and where necessary in the matter of the Act under which the Banking Company has been ordered to be wound Up as follows: The Punjab High Court. . . . . . . . . . In the matter of the Banking Companies Act X of the 1949 (and in the matter of. . . . . . . Act) and of the Limited . . . . . . Petition under Section(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner.
Versus

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondents. 5. Drafting of PetitionThe Petition shall contain a statement of facts relied and the nature of the relief asked for, and shall be signed and verified in the same manner as a plaint under the Code of Civil Procedure and shall be supported by an affidavit. 6. Notice of PetitionWhere a notice is directed to be given to any party, it shall be served together with a copy of the petition and the petition shall not be heard until fourteen days after the service of the notice, unless the Court otherwise directs.

7. General duties and Powers of the Special OfficerWithout prejudice to the generally of the powers of the Court under Section 37(3) of the Act; (a) A Special Officer appointed under Section 37(3) of the Act shall furnish security in such amount as may be ordered by the Court. (b) He shall generally have all the powers and shall take all the steps to do all the things necessary or expedient to protect the rights and interest of all the creditors and share-holders of the Banking Company and to conserve and ensure the proper disposition according to law of the assets of the Banking Company. (c) The Special Officer may be empowered to represent the Banking Company in proceedings before any Court, Tribunal or Public Officer. (d) The Special Officer shall, where his duties so require, maintain proper accounts. (e) The Special Officer may apply to the Court for such directions as he may deem necessary. (f) The Special Officer shall be paid such remuneration as may be determined by the Court, which shall be paid, unless the Court, otherwise directs, from the assets of the Banking Company. (g) The Special Officer shall continue to supervise the affairs of the Banking Company until he is removed from office, or the term of his appointment terminates, or until the Banking Company resumes business or until a Liquidator is duly appointed to wind up the business of the Banking Company. (h) An order appointing the Special Officer shall be in Form No. 1. 8. Inspection of the Report of the Reserve Bank of IndiaNo person, other than the parties to the proceedings and the Official Liquidator, shall be entitled to inspection of any report made by the Reserve Bank of India or be entitled to receive a copy thereof, without an order of the Court. 9. Application in winding up to be by petitionApplications for the determination of all questions of priorities and all other questions whatsoever, whether of law or fact, which may relate to or arise in the course of the winding up of a Banking Company, shall be made by petition. The petition shall contain a statement of facts relied on and the nature of the relief asked for. The petition shall be signed and verified in the same manner as a plant and shall be supported by an affidavit. 10. Interim OrdersThe Court on hearing the application may pass such interim orders as it deems proper. 11. Affidavit in AnswerAn answer to the petition under the Act shall be made by filing an affidavit and a copy thereof shall be furnished to the petitioner or his Advocate at least two clear days before the returnable date of the notice.

12. Directions for the hearing of the petition(a) On the date fixed for the hearing of the petition, the Court may proceed to hear the petition or give such directions as it may think proper as to discovery and inspection, examination of witness in Court or in Chambers, taking of evidence by affidavit or otherwise and generally for the speedy determination of the petition. (b) An order for the winding up of a company under the Act shall be in Form No. 2. 13. Transfer of suits and proceedings to the High CourtWhen the Official Liquidator submits to the Court a report under Section 45-C(2) of the Act, he shall apply to the Judge for the time being dealing with the proceedings for the winding up of the Company or to such other Judge as the Chief Justice may direct, for directions as to the parties to whom notice may be given and the date and time for holding an inquiry whether or not the suits and proceedings mentioned in the report should be transferred to the High Court. The notice shall contain particulars of the suit or proceeding in which the party may be concerned and require him to appear and show cause why it should not be transferred to the High Court. The notice shall be served fourteen days before the date appointed for holding the inquiry. 14. Affidavit in replyAny party desiring to oppose the transfer of the suit or proceeding to the High Court shall file an affidavit and furnish a copy thereof to the Official Liquidator or his advocate at least two clear days before returnable date of the notice. 15. When proceedings not transferred, Court may request expedition of the sameIf any proceeding in any Court is not transferred to the High Court under Section 45-C(3) the Judge for the time being dealing with the proceedings for the winding up of the Banking Company or such other Judge as the Chief Justice may direct, may issue directions to the Deputy Registrar to write a letter of request to the Court in which the proceeding is pending, requesting that the proceeding may be disposed of as expeditiously as possible. 16. List of Debtors(1) When the Official Liquidator files in the Court a list of debtors under Section 45-D(2) of the Act, he shall obtain an appointment from the Judge for the time being dealing with the proceedings for the winding up of the Banking Company or from such other Judge as the Chief Justice may direct to settle the same and shall give notice in writing of such appointment to every person mentioned in such list. The notice shall contain such of the particulars mentioned in the list of debtors as are applicable to such person. In case any variation or addition to such list is made by the Official Liquidator, a similar notice in writing shall be given to every person to whom such variation or addition applies. All such notice shall be served four weeks before the date appointed to settle such list, variation or addition. (2) The Official Liquidator shall file in Court a sufficient number of copies of the list of Debtors to enable the Court of supply all Debtors and the parties with a copy each of the list. In addition to the above two copies for the use of the Court shall also be filed. 17. Service of Notice(a) Service of notice upon the debtors shall be effected by sending the notice through post by a Registered letter or if the Court so directs under certificate of posting. The notice shall be addressed to the party to his last known address or place of abode and such

notice shall be considered as served at the time the same ought to be delivered in due course of delivery by the Post Office and notwithstanding the same may be returned by the Post Office. (b) If a debtor desires to show cause against the inclusion of his name in the list of debtors he shall file an affidavit and furnish a copy thereof to the Official Liquidator or his attorney or advocate at least seven clear days before the day appointed for the settlement of the list. 18. Statement of the list of DebtorsOn the date fixed for settlement of the 1ist of debtors, the Court may settle the list or such part thereof as it may think proper. If the Court is of opinion that it is not immediately possible to adjudicate upon any particular debt mentioned in the list, it may given such directions as it may think proper as to discovery and inspection, examination of witness in Court or in Chambers, taking of evidence by affidavit or otherwise and generally for the speedy adjudication of the debt. The Court may in a special case refer the Official Liquidator to a regular suit. 19. Official Liquidator to Report, if he contest claims of depositorsIf the Official Liquidator desires to contest a claim shown in the books of the company as due to a depositor on the ground that there is reason for doubting the correctness of any particular entry in the books, he shall make a report to the Judge for the time being dealing with the proceedings for the winding up to the Banking Company or to such other Judge as the Chief Justice may direct stating his reason for doubting the correctness of such entry; and if, upon such report, the Court is satisfied that there is prima facie reason for doubting the correctness of the entry, the Judge may cause notice to be given to the depositor concerned to come in and prove his claim. 20. Register of suits in winding up mattersSuits in respect of claims made by or against any Company in Liquidation including claims by or against any of its Branches in India which are filed in the High Court or transferred to it under the Act shall be entered in a separate list to be maintained by the Deputy Registrar and shall be treated as expedited suits. If such suits have been filed before the date of the order for winding up, the Official Liquidator shall furnish to the Deputy Registrar a list of such suits. 21. Hearing of suits and matterAll suits referred to in the preceding rule and all matters and proceedings connected with the suits shall be heard by the Judge for the time being dealing with the proceedings for the winding up of the Banking Company or by such other Judge as the Chief Justice may direct. 22. Procedure in such suits(a) In all such suits the following procedure shall be followed: Within ten days of the service of the summons or such longer period as the Court may direct on the application of the plaintiff in that behalf, the plaintiff shall take out a summons for directions and the Court shall give such directions as it may think proper as to filing the written statement and counter-claim, if any, or points of defence, discovery, inspection, examination of witness in Court or in chambers, taking of evidence by affidavit or otherwise and generally for the speedy determination of the suit. (b) As soon as practicable after the list of debtors has been settled and signed by the Judge under sub-section (4) of Section 45-D of the Act, a certificate in Form No. 3 shall issue under the seal

of the Court and signed by the Deputy Registrar in terms of sub-section (6) of Section 45-D of the Act in respect of each debtor placed on the list setting out the relevant particulars. 23. Application for inspection of recordsThe Reserve Bank of India may apply to the Judge for the time being with the proceedings for the winding up of a Company or to such other Judge as the Chief Justice may direct, for permission to inspect the records of the Company or of the High Court in the matter of the Company, and such permission may be granted by the Judge in his discretion. 24. Recovery of dues as arrears of RevenueWhen the Court grants leave under Section 45T(3) of the Act for recovery of any amount found due to the Company, the Official Liquidator may apply to the proper Revenue Authorities to recover the said amount as an arrear of land revenue. 25. Supervision of carrying out of compromise of arrangementWhere an order under Section 153 of the Indian Companies Act, 1913 (Act VII of 1913), sanctioning a compromise or arrangement in respect of a Banking Company is passed, the Court may direct the Official Liquidator or any other person to supervise the carrying out of the compromise or arrangement and to make a report to the Court in regard thereto.
Civil Appeal

26. Appeal to the High Court to be heard by Division Bench(a) Subject to the provisions of Section 45-N (1) of the Act, an appeal shall lie from an order or decision of a Judge in a civil proceeding under the Act to a Division Bench of the High Court. (b) Rules relating to appeals contained in the Punjab High Court Rules and Orders, Volume V, shall apply mutatis mutandis to such appeals. 27. Period for filing appealsThe appeal shall be filed within 20 days from the date of the decree or order appealed from the Court.
Criminal Complaints and Public Examination

28. (1) As soon as practicable after the order of winding up is made or within such time as the Court may grant, the Official Liquidator shall file into Court the report required by sub-section (1) of Section 45-G of the Act, for directions. (2) After hearing the Official Liquidator, the Court may direct notice to issue to person concerned to show cause why they should not be publicly examined. (3) After hearing all the parties on the day fixed in the notice, or on such other day to which the matter may be adjourned, the Court may, if it desires to direct the public examination of any one or more person(s), fix a date for such examination.

(4) The Official Liquidator shall notify the creditors and contributories of the company of the original date fixed under the preceding sub-rule by advertisement in a newspaper or in such other manner as the Court may direct. 29. Presentation of complaints and issue of processProceedings under Section 45-J of the Act shall commence with a complaint being presented by the Official Liquidator to such Judge as the Chief Justice may direct. On presentation of the complaint the Judge may issue a summons or a bailable or non-bailable warrant against the accused and shall fix a date for the trial, or may, if he thinks fit postpone the issue of process for compelling the attendance of the person complained against and may direct an inquiry or investigation to be made by the InspectorGeneral of Police or by such other person as he thinks fit, or may dismiss the complaint as he may in his discretion think fit. 30. Process in Criminal CasesAll complaints shall be filed with the Deputy Registrar and all process shall issue from the Court. 31. What offences to be tried summarilyOffences punishable under Indian Companies Act, 1913 (Act 7 of 1913), or under the Banking Companies Act, 1949 (Act X of 1949), with imprisonment for a term which does not exceed three years and or with fine which does not exceed one thousand rupees may be tried in a summary way. An offence triable under Section 45-J(2) of the Act jointly with the offences mentioned in this rule may also be tried summarily provided that it is punishable with imprisonment for a term which does not exceed three years or with fine which does not exceed one thousand rupees. 32. Procedure in Summary trialsWhere an offence triable under section 45-J(1) is tried summarily, the. procedure provided in the Code of Criminal Procedure for the trial of Summons cases shall, so far as it is not inconsistent with the provision of the Act, be applicable. Where, however, the offence to be tried summarily under Section 45-J(1) is tried jointly with an offence under Section 45-J(2), the procedure provided in the Code of Criminal Procedure for the trial of Warrant cases shall be applicable provided that it shall not be necessary to adjourn the case under Section 256(1) of the Code of Criminal Procedure before requiring the accused to enter upon his defence or inquiring of him whether he wishes to further cross-examine any witness whose evidence has been taken. 33. Procedure in Non-Summary trialsWhere the offence, triable under Section 45-J are not tried summarily, the procedure provided in the Code of Criminal Procedure for the trial of Warrant cases shall, so far as it is not inconsistent with the provisions of the Act, be applicable. 34. BailThe Court may at any time grant bail to the accused on such terms as it thinks proper. 35. Accused person to be competent witnessAny person against whom a complaint is filed by the Official Liquidator under the Act shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial.

Provided that. . . . . . . . . (a) He shall be called, as examined as witness except with his consent; (b) His failure to give evidence shall not be made the subject of any comment by the prosecution or give rise to any presumption against himself or any person charged together with him at the same trial. (c) He shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of any offence other than the offence with which he is charged, or is of bad character unless (i) The proof that he has committed or been convicted of such offence is admissible in evidence to show that he is guilty of the offence with which he is charged, or (ii) He has personally or by his Advocate asked questions of any witness for the prosecution with a view to establish his own good character, or has given evidence of his good character or the nature or conduct of the defence is such as to involve imputations on character of the prosecutor or of any witness for the prosecution, or (iii) He has given evidence against any other person charged with the same offence. 36. Compounding offencesAll offences triable under Part II-A of the Act may be compound with the leave of the Court.
Criminal Appeals

37. Appeal against conviction(a) Any person convicted on a trial held by the High Court in the exercise of its jurisdiction under Section 45-J of the Act may appeal to the High Court, where he has been sentenced to imprisonment exceeding six months or fine exceeding five hundred rupees. (b) The Official Liquidator may appeal to the High Court against any order of acquittal on any grounds which involves a matter of law only. 38. Period of limitationAn appeal under the last preceding rule shall be filed within 30 days from the date of the order appealed from. 39. Appeal to be filed with the Deputy RegistrarAppeals shall be filed with the Deputy Registrar of the Court. 40. Memorandum of appealsThe memorandum of appeal shall be made in the form of a petition giving the grounds of objection numbered consecutively. It shall also show that the appeal is within time, and shall be accompanied by a certified copy of the Judgment or order of the Court.

41. Procedure in AppealsOn presentation of an appeal, the date of such presentation shall be marked thereon, and it shall be accepted, if within time, and placed on a register of appeals to be kept for the purpose. When an appeal appears to the Deputy Registrar to be beyond time, it shall be returned to the party or his advocate, unless the party or his advocate applies for it to be placed before the Court for orders. An application for excusing the delay in presenting the appeal may be made to the Deputy Registrar within a fortnight of the date of such return, and such application shall be placed before the Court for orders. 42. Admission of appealsApplications referred to in the preceding rule together with the memorandum of appeal in question and appeals which have been accepted by the Deputy Registrar being within time shall be placed for admission before a Division Bench constituted by the Chief Justice and composed of not less than 2 Judges, being Judges other than the Judge by whom the original trial was held. 43. Application for bail in appeals(a) Applications for bails shall ordinarily be heard by the Bench referred to in the preceding rule. (b) Applications mentioned in sub-rule (a) above may be made on a shorter notice than 48 hours, if the Court so permits. Ordinarily a copy of the application shall be supplied to the Official Liquidator at least 48 hours before the application is heard. 44. Paper-books to be prepared by appellantIn appeal, paper books shall be prepared at the cost of the appellant and shall be printed except where such printing is dispensed with by the Appellate Court, in which case the paper books shall be type-written. 45. Contents of paper booksNoteNormally ten copies of printed paper books or six copies of typed books will be prepared. The paper book shall contain the following papers arranged in two parts in the same volume where practicable in the following order. Part I (1) Complaint. (2) Charge or charges against the accused in the trial Court. (3) Notes of evidence including statement of the accused. (4) Judgment including sentence or order. (5) Memorandum of appeal. (6) Order admitting the appeal. (7) Such other papers as may be deemed necessary by the Court. Part II

Exhibits. 46. Hearing of AppealsAfter the paper books have been prepared, the appeal shall be set down for hearing and final disposal before a Division Bench constituted by the Chief Justice and composed of not less than 2 Judges, being Judges other than the Judge by whom the original trial was held.
Miscellaneous

47. Section 5 Limitation Act ApplicableThe provisions of Section 5 of the Indian Limitation Act shall apply to appealsCivil or Criminal under the Act. 48. Filing of appealsAll appealsCivil or Criminal shall be filed with the Deputy Registrar and shall be registered if within time and are otherwise in conformity with the Rules. 49. Procedure regarding appeal which are beyond timeWhen an appealCivil or Criminalappears to the Office to be beyond time, it shall be returned to the party or his advocate unless it is accompanied by a separate petition for excuse of delay or the party or his Advocate applies for it to be placed before the Court for orders. 50. Application for excusing delayAn application for excusing the delay in presenting the appeal shall be filed within a fortnight of such application shall be placed before the Court for orders soon as practicable. 51. Returns of petition for removal of defectsThe Deputy Registrar may return for amendment, within a time to be specified in an order to be recorded by him on the petition, any petition not drawn up in conformity with these rules. 52. Appeal not prosecuted diligentlyWhere an appellant after the admission of an appeal does not prosecute the appeal diligently the appeal shall be placed before the Appellate Court for orders. The appellate Court may dismiss the appeal or pass such orders as it may deem fit. 53. Applicability of Civil Procedure Code, Criminal Procedure Code and High Court RulesThe provisions of the Code of Civil Procedure, the Code of Criminal Procedure and the High Court Rules and Orders, unless inconsistent with these Rules, shall apply mutatis mutandis to Civil and Criminal proceedings or Appeals under these Rules. 54. Fees to be charged by Official LiquidatorUnless otherwise ordered by the Judge, the Official Liquidator shall charge fees according to the following scale: (1) (a) The High Court, upon the total assets except as provided in clause (l)(b) including produce of calls on contributories, realised or brought to credit and not being moneys received and spent on carrying on the business: On the first Rs. 10,000 or fraction thereof . . . . . . . . . 5%

On the next Rs. 15,000 or fraction thereof . . . . . . . . . 3% On the next Rs. 25,000 or fraction thereof . . . . . . . 2 % On the next Rs. 50,000 or fraction thereof . . . . . . . . . 2% On any sum above Rs. 1,00,000 . . . . . . . . . 1% (b) On rents recovered . . . . . . . . . 5% (2) When the Official Liquidator collects, calls or realized property for debenture holders or other secured creditors, the same rate of fees as under clause (1) above to be paid out of the proceeds of such calls or property. (3) When the Official Liquidator acts as Trustee under a scheme of arrangement such remuneration not exceeding the rate of fees under clause (l)(a) above as the Court shall allow. (4) When the Official Liquidator performs any special duties not provided for above, such amount as the Court on the application of the Official Liquidator may consider reasonable. __________
APPENDIX FORM 1 [Rule 7 (h)] Order Appointing Special Officer {For general heading, see Rule 4)
Upon the petition of . .;. . . filed . . . . . . . on the . . . day of 19 . . ., under sub-section (1) of Section 37 of the Banking Companies Act, 1949, as amended, upon hearing . . . . . . ., Advocate for the petitioner,. . . . . . . . . . Advocate for the respondent, upon reading the petition and the affidavits of . . . . . . and filed on the . . . . . . day of 19 . . . (Enumerate all affidavits read) and the report of the Manager of the Reserve Bank of India,. . . . . . dated the . . . day of. . . . . . 19 . . . ., and filed on the . . . . . . day of. . . . 19. . It is ordered : (1) That A. B. be and hereby is appointed the Special Officer for the said . . . . . . . . . . Bank, Limited, pending disposal of the petition read above, or until further orders. (2) That the said A. B.

do forthwith take into his custody or under his control all the assets, books, documents, effects and actionable claims to which the said . . . Bank, Limited, is or appears to be entitled and which are found at the registered office of the said Bank at (here enter the address) and at all its branches at (here enter the address of the branches). (3) That all officers of the said Bank do assist the Special Officer in every aspect in carrying out this order. (4) That the Special Officer do submit a report to this Court on or before the . . . . . . day of. . . . . . 19 . . . (5) That the Special Officer be at liberty to apply to this Court for directions, if necessary. Dated Deputy Registrar Copy to A. B. Advocate Special Officer.

______________
FORM 2 [Rule 12(b)] (For general heading see Rule 4)
Upon the petition of the above-named company [(or A. B.). . . . . of. . . . . . . a creditor (or contributory of the abovenamed Company) or of the Registrar of the Companies)], filed on the. . . . . . . day of. . . . . . 19. . ., and the verification thereof by . . . . . . A. B.,. . . . etc., filed, etc., and upon hearing the Advocate for (or attorney or agent of) the petitioner, and . . . . . . . . . for . . . . . . and upon reading the Local Gazette of the . . . . . . day of. . . . . . . 19 . . . ., the newspaper of the day of. . . . . . 19 . . ., (enter any other paper) each containing an advertisement of the said petition. This Court doth order that the said . . . . . . . . Company be wound up by this Court under provisions of the Banking Companies Act, X of 1949. And it is ordered that the costs of the said petition be taxed and paid out of the assets of the said Company. Dated Deputy Registrar

______________
FORM 3 Form of the Certificate [Rule 22(b)] (For general heading, see Rule 4)
O. L. Applicant Respondent Debtor No.

Certificate under Section 45-D(6) and Rule 22(6). Whereas in Application No. . . . . . . of 19. . . ., the Official Liquidator, applied for settlement of the list of certain debts of the above-named bank; And whereas in respect of the debtor above-named an order was made by the Court on . . . . . day of. . . . . . 19 . . ., in the presence of. . . . . . specified for the Liquidator and . . . . . . . . for the said debtor; It is hereby certified that the said . . . . . . . (Debtor) was placed in the list as Debtor No. . . . . . and he was adjudged liable to and directed to pay to the Liquidator the sum of money with interest and costs specified hereunder : 1 Serial Number 2 Name and Address 3 Description 4 Amount 5 Rate of interest 6 Cost 7 *Relief granted

*Here set out: (a) The relied against any guarantor; (b) In the case of debts secured by mortgage the particulars of the mortgage property, the date of the order of sale and any other direction or directions of Court. (c) In the case of payment by instalments, the particulars of the order as to payment of the instalments. Dated Deputy Registrar

______________
Part C

Part C RULES UNDER THE INDIAN DIVORCE ACT, 1869

In exercise of the powers conferred by Section 62 of the Indian Divorce Act (IV of 1869), the Punjab High Court has made the following rules : 1. Short TitleThese rules may be called the Indian Divorce (Punjab) Rules, 1956. 2. How proceedings to be originatedProceedings under the Act shall be originated by filing a petition to which shall be attached a certified copy of the certificate of the marriage.

3. Title of petition(a) All such petitions shall be instituted as follows: In the Punjab High Court at. . . . . . . District Court at. . . . . . . Matrimonial Jurisdiction. In re: the Indian Divorce Act. A. B. Petitioner Versus C. D. Respondent. E. F. Co-respondent. Petition under Section(s)of the Indian Divorce Act. (b) Content of petition.In the body of the petition shall be stated : (i) The place and date of the marriage and the name, status and domicile of the wife before the marriage; (ii) Whether the petitioner or respondent professes the Christian religion at the time when the petition is presented; (iii) The domicile of the husband at the time when the petition is presented, and his occupation and the place or places of residence of the parties respectively at the time of the presentation of the petitions; (iv) The principal permanent addresses where the petitioner and respondent cohabited within the jurisdiction, and in particular the place where they last resided together; (v) Whether there is living issue of the marriage and if so, the names, and dates of birth or ages, of such issue; (vi) Whether there have been in any Court 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 paragraphs including particulars of the times and places of their alleged commission. 4. Collusion or ConnivanceIn cases where the petitioner is seeking a decree of nullity of marriage or of dissolution of marriage or of judicial separation, the petition shall further state that

no collusion or connivance exists between the petitioner and the other party to the marriage, or alleged marriage. 5. Prayer of petitionThe petition shall conclude with a prayer setting out particulars of the relief claimed, including the amount of any claim for damages and any order for custody of children which is sought. 6. Signature of petitionEvery petition shall be signed by the petitioner. In the case of a minor it shall be signed both by the minor and his or her next friend and shall be accompanied by the undertaking mentioned in Section 49 of the Act and by a petition for approval of the next friend by the Court. In the case of a petition brought under Section 48 of the Act it shall be signed by the person bringing the suit. 7. Verification of petitionPursuant to Section 47 of the Act every petition shall be verified in manner provided by Order VI, Rule 15, Civil Procedure Code. 8. Alleged adulterers to be co-respondentsIn every husbands petition for dissolution of marriage on the ground of adultery the alleged adulterers shall be made co-respondents in the suit unless the Judge shall otherwise direct by order on a petition, supported by affidavit, pleading one or more of the grounds enumerated in Section 11 of the Act. 9. Respondent includes co-respondentsThe term respondent in these rules shall include a co-respondent so far as the same is applicable. 10. Copy(ies) for respondent(s) to accompany the petitionEvery petition under the Act shall be accompanied by true copy(ies) thereof to be supplied to respondent(s). 11. How servedThe notice of petition shall be served by the Court on each respondent by delivery of a copy thereof together with a true copy of the petition in the manner prescribed in the Code of Civil Procedure for the service of summons or notice on a defendant or respondent. 12. Application for substituted ServiceWhere personal service cannot be effected leave to substitute some other mode of service may be granted upon an application. 13. Service by advertisementWhen it is order that a notice to respondent(s) shall be advertised the form of advertisement shall be settled by the Court and a copy of the newspaper containing the advertisement shall be placed on record. 14. Order dispensing with service of petitionNo order dispensing with service of a petition upon a party to be affected thereby shall be made by the Court. 15. Application to stay restitution proceedingsAt any time after the commencement of proceedings for restitution of conjugal rights the respondent may apply to the Judge for an order to stay the proceedings by reason that he or she is willing to resume or to return to cohabitation with the petitioner.

16. Answer to petitionA respondent who has entered an appearance may within time limited by the notice file with the Court an answer to the petition. Such answer will be signed and verified in manner required by law for the verification of pleadings. A copy of the answer shall be delivered to the petitioner on the first hearing in the case. 17. Reply to AnswerWhere in any suit for the dissolution of marriage it appears from the answer that the respondent prays for relief under Section 15 of the Act, the petitioner shall file a reply to the answer within fourteen days from the date of filing the answer. Save as aforesaid no pleading subsequent to the answer shall be delivered except by the leave of the Court. 18. No answer necessary if question of costs or custody of childrenAfter entering an appearance a respondent in a suit may without filing an answer be heard in respect of any question as to costs and a respondent who is husband or wife of the petitioner may be heard also as to custody of or access to children. 19. Evidence by affidavitWhere any party proposes under Section 51 of the Act to verify his case by affidavit such affidavit or affidavits must be filed and copy(s) supplied to the other party at least two days before the next date fixed for the hearing of the case. The other party shall forthwith apply, if necessary to the Court for directions as to the deponents being produced for cross-examination at the hearing. 20. Security for Costs of CommissionWhen an order is made for the examination of a witness on commission or de bene asse, a wife may apply for security for her costs of the examination at the time of the order or subsequently by petition. 21. Separate trial of issuesA Judge may direct, and any petitioner and any party to a cause who has entered an appearance may apply to the Court for a direction for, the separate trial of any issue or issues of fact, or any question as to the jurisdiction of the Court. 22. Petition to reverse decreeA petition to the Court for reversal of a decree of judicial separation must set out the grounds on which the petitioner relies. 23. Appearance of party praying reversalBefore such a petition can be filed an appearance on behalf of the party praying for a reversal of the decree of judicial separation must be entered in the suit in which the decree has been pronounced. 24. Subsequent pleadings and proceedingsAll subsequent pleadings and proceedings arising from such petition and answer shall be filed and carried on in the same manner as before directed in respect of an original petition and answer thereto so far as such directions are applicable. 25. Application to show causeAny person other than an officer appointed under Section 17-A of the Act wishing to show cause under Section 16 of the Act against making absolute a decree nisi shall apply ex-parte by petition to the Court for leave to show cause, if the leave be granted such person shall within seven days from the date of the other enter an appearance in the case in which such decree nisi has been pronounced and file affidavits setting forth the facts upon which

he relies, and shall within seven days from appearance serve certified copies of such affidavits on the party or the counsel for the party in whose favour the decree nisi has been pronounced. 26. Affidavits in answerThe party in the suit in whose favour the decree nisi has been pronounced may within fourteen days after delivery of the affidavits file affidavits in answer, and the person showing cause against the decree nisi being made absolute may within fourteen days file affidavits in reply. 27. No affidavit in rejoinder without leaveNo affidavits shall be filed in rejoinder to the affidavits in reply without leave of the Judge and subject to any direction by the Judge the matter shall be heard and decided in the same manner as provided in the case of an original petition. 28. Six months between decree nisi and absoluteThe decree nisi shall not be made absolute till after the expiry of not less than six months from the day on which the nisi decree was pronounced. 29. Petition for alimonyA wife who is petitioner in a suit after service on the husband of the notice of petition, and a wife who is respondent, may after entering appearance, file a petition for alimony pending the suit under Section 36 of the Act. 30. Answer theretoThe husband may within fourteen days or such further time as may be allowed file an answer thereto duly verified as required by law for a pleading. 31. Hearing of summonsSuch notice shall be returnable before the Judge who may made an order on the said petition or give such directions as to further evidence as he may think fit. 32. Applications under Sections 37 and 38 of Divorce ActAll applications under Section 37 of the Act shall be made to the Court and shall be supported by affidavit. Such applications must be brought within one month of the completion of the decree absolute declaring a marriage to be dissolved or decree for judicial separation, as the case may by sub-section (1) of Section 45-G of the Act, for directions, from the Judge on a petition. Applications for the appointment of a new trustee under Section 38 of the Act shall be made by petition to the Court. 33. Date payments under Section 37 to commenceMonthly or weekly sums ordered to be paid to a wife for her maintenance and support under Section 37 of the Act shall, unless otherwise ordered, commence from the date of the decree absolute or decree for judicial separation, as the case may be. 34. Interim orderPending the final determination of an application under Section 37 of the Act an interim order may be made upon such terms as shall appear to the Court to be just and without prejudice to the effect of the order to be ultimately made. 35. Applications under Sections 39 and 40 of ActApplications under Sections 39 and 40 of the Act shall be made on petition to the Court. The Court may make such reference for enquiry or report and to such officer as it may think fit but no order for the settlement of a wifes

property or for the settlement of damages or for variation of settlements shall be made except by the Court. 36. Applications under Sections 41 and 43 of ActApplications for interim orders under Sections 41 and 43 of the Act shall be made by petition to the Judge and shall be supported by affidavit. 37. Applications under Sections 42 and 44 of ActApplications under Sections 42 and 44 of the Act shall be made by petition, which shall be verified as required by law for a plaint and which together with a notice returnable before the Judge shall be served personally upon the party or parties to be affected thereby except where leave shall have been obtained from the Judge to dispense with such service or to substitute some other form of service. 38. Showing causeAny such party may show cause against the petition by filing affidavits or by filing an answer verified as required by law in the case of a pleading. 39. TaxationAll bills of costs shall be referred to the Deputy Registrar or the Superintendent in the District Court for taxation and may be taxed by him without any special order for that purpose. 40. Procedure to obtain order for wifes costsWhen the pleadings are complete, or by orders of a Judge obtained on petition, at any earlier state, a wife who is a petitioner or has filed an answer, may file her bill or bills of costs for taxation as against her husband and the Judge may ascertain or cause to be ascertained what is a sufficient sum of money to be paid into Court or what is a sufficient security to be given by the husband to cover the cost of the wife for the incidental to the hearing of the cause, and may thereupon, unless the husband shall prove to the satisfaction of the Judge that wife has sufficient separate estate or shows other cause, issue an order to the husband to pay her costs up to the setting down of the cause and to pay into Court or secure the costs of hearing within a time to be fixed by the Judge. The Judge may in his discretion order the costs up to setting down of the cause to be paid into Court. 41. Application under Section 8 of the ActAn application to the High Court to remove a suit or proceeding under Section 8 of the Act shall be made by an application to the Judge in open Court for a Rule upon the party or parties concerned to show cause against such removal. 42. Extension of timeThe time fixed by these rules for the performance of any act may in any particular case, be enlarged by the orders of a Judge subject to such terms and conditions as to costs or other matters as the Judge may think fit to impose. 43. FormsThe forms given in the Appendix to these rules may be used in the proceedings under the Indian Divorce Act, 1869. (High Court Notification No. 291-Rules/XXVII-16, dated the 13th December, 1956).

APPENDIX FORM A
In the High Court at. . . . . . . . .

(Rule 11) Matrimonial Jurisdiction

Suit No. . . . . . . . . . . . . . of . . . . . . . .19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Co-Respondent. To ............................ ............................ ............................ Whereas . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit in this Court against you for . . . . . under the provisions of the Indian Divorce Act, Section(s). . . . . . . . . . . . . . . . . . . . . . (a copy of this petition presented by the said petitioner is sent to you herewith) and you are hereby summoned to appear in this Court on the . . . . . day of. . . . at 10 oclock in the forenoon to answer the said suit, either in person or by recognized agent duly instructed and able to answer all material questions relating to the suit, or who shall be accompanied by some other person able to answer all such questions, or by an advocate/Pleader of this Court similarly instructed or accompanied, and you are directed to produce on that day all the documents upon which you intend to reply in support of your defence. You may file an answer with this Court within . . . . day of the service of this notice. Take notice that, in default of your appearance on the day and in the manner above mentioned the suit will be heard and determined in your absence. Given under my hand and the seal of the Court this . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . By order, Superintendent,/Supdt. Judicial for District Judge/for Dy. Registrar at. . . . . . . . . . . . . . . . . . . . . . . . . . NoteHours of attendance at the Court are from 10 A. M. till 4 P. M., daily, Sundays and holidays excepted.

_________________

FORM B
In the . . . . . . . . . . . . . . . . . . . High Court at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Judicial Department

Matrimonial Jurisdiction
Reference Side . . . . . . . . . . . Case No . . . . . . . . . . . of . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Plaintiff Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Co-Respondent. SuitFor dissolution of marriage. To ...................... ...................... ...................... Whereas a decree for dissolution of marriage between the parties above-named was made by the District Judge of the District on the . . . . day of 19 . . . ., subject to confirmation by the Punjab High Court for which proceedings have been forwarded under Section 17 of the Indian Divorce Act, 1869, Notice is hereby given to you that the . . . . . day of . . . . 19 . . ., has been fixed by this Court for the hearing of the reference; you are also hereby informed that unless you move this Court, on or before the said date, either in person or by duly authorised agent fully instructed by you and able to answer all material questions relating to the suit or who shall be accompanied by some person able to answer all such questions or by an Advocate or Vakil of this Court, so instructed, to confirm the said decree, the Court will not take the proceedings into consideration. Given under my hand and the seal of the Court, this . . . . . . . . . . . . day of . . . . . ., 19 . . . . . . . . . . By orders, &c., Superintendent, Judicial for Deputy Registrar.

Part D

Part D RULES TO REGULATE PROCEEDINGS UNDER THE SPECIAL MARRIAGE ACT, 1954 (CENTRAL ACT NO. 43 OF 1954) HIGH COURT OF DELHI Notification Delhi, the 6th October, 1982

No. 261/Gaz./OSD(R)In exercise of the powers conferred by Section 41 of the Special Marriage Act, 1954 (Central Act No. 43 of 1954) and all other powers enabling in this behalf, the High Court of Delhi hereby makes the following rules to regulate the proceedings under the said Act. 1. Short titleThese rules may be called the Special Marriage Act Rules, 1979. 2. CommencementThese rules shall come into force from the date of their publication in the Delhi Gazette. 3. DefinitionsIn these rules, unless there is anything repugnant in the subject or context: (i) Act means the Special Marriage Act, 1954 as from time to time modified or amended. (ii) Code means the Code of Civil Procedure, 1908 as from time to time modified or amended. (iii) Court means the Court mentioned in Section 2(e) of the Act. (iv) Form means a form prescribed in the Act or appended to these rules. (v) All other terms and expressions used herein, but not defined shall have the meaning respectively assigned to them in the Act. 4. Petitions to be accompanied by a certificate of marriageEvery petition made under the Act shall be accompanied by a certified copy of the Certificate of Marriage entered in the Marriage Certificate Book about the solemnization of the marriage under the Act, unless the certificate is already on the record or is, for sufficient cause, dispensed with by the Court. 5. Forms of ProceedingsThe following proceedings under the Act shall be initiated by petitions: (i) Under Section 22 for restitution of conjugal rights; (ii) Under sub-section (1) of Section 23 for judicial separation; (iii) Under sub-section (2) of Section 23 for rescinding a decree for judicial separation;

(iv) Under sub-section (1) of Section 24 for declaring a marriage null and void; (v) Under sub-section (2) of Section 24 for declaring the registration of marriage to be of no effect; (vi) Under Section 25 for annulment of marriage by a decree of nullity; (vii) Under Section 27 for divorce; (viii) Under Section 28 for divorce for mutual consent; (ix) Under Section 38 for making, revoking, suspending or varying orders and provisions with respect to the custody, maintenance and education of minor children. 6. Petition by or against a person suffering from mental disorderA person suffering from mental disorder will be treated in all respects as a person of unsound mind for the purposes of Order XXXII of the Code. 7. Contents of petitionIn addition to the particular required to be given under Order VII, Rule 1 of the Code and Section 32 of the Act, every petition for judicial separation, nullity of marriage or divorce shall contain the following particulars: (a) The place and date of marriage. (b) The name, status and domicile of the wife and the husband before the marriage and at the time of filing the petition. (c) The address where the parties to the marriage reside at the time of the presentation of the petition and last resided together. (d) Whether the wife petitioner invokes Section 31(2) of the Act, the address at which she has ordinarily resided during the three years immediately proceeding the presentation of the petition, and the length of her residence at each address, and the place of residence of the husband. (e) The name of the children, if any, of the marriage, their sex and their dates of birth or ages. (f) If prior to the date of the petition there has been any proceedings under the Act between the parties to the petition, full particulars thereof. (g) The matrimonial offence or offences alleged or other grounds upon which the relief is sought, setting out with sufficient particularity the time and places of the acts alleged, and other facts relied upon, but not the evidence by which they are intended to be proved, e. g.: (i) 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.

(ii) If the petition is under Section 25(ii) of the Act, whether the petitioner was, at the time of the marriage, ignorant of the facts alleged and whether marital intercourse with the consent of the petitioner has taken place since the discovery by the petitioner of the existence of the grounds for a decree; (iii) If the petition is under Section 25(iii) of the Act, the particulars of coercion or fraud and the circumstances in which coercion or fraud had been practised alongwith the time when the coercion ceased or the fraud was discovered and whether or not the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered; (iv) If the petition is for judicial separation divorce on the ground of adultery, the name, occupation and place of residence of adulterer/ adulterous or adulterers/adultresses, as the case may be, so far as they can be ascertained; (v) If the petition is on the ground of desertion, the date and the circumstances in which it began; (vi) If the petition is on the ground of cruelty the specific acts of cruelty and the occasion when and the place where such acts were committed; (vii) If the petition is on the ground of unsoundness of mind or mental disorder, the time when such unsoundness of mind or mental disorder began to manifest itself and the nature and the period of curative steps taken; (viii) If the petition is on the ground of venereal disease in a communicable form or leprosy, when such ailment began to manifest itself and the period of the curative steps taken; (ix) If the petition is on the ground specified in Clause (h) of Section 27 of the Act, the date and the place where the respondent was last seen or heard of alive and the steps, if any, taken to ascertain his or her whereabouts; (x) If the petition is founded on the ground of bestiality, the occasion when, the place where and the particulars of the beast with whom the husband had been guilty of bestiality; (xi) If the petition is for divorce under Section 27(IA) (ii) of the Act, the particulars of the decree under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 or of order under Section 125 of the Code of Criminal Procedure, 1973 (or under the corresponding Section 488 of the Code of Criminal Procedure, 1898) together with an affidavit that since the passing of such decree of order, cohabitation between the parties had not been resumed for one year or upwards; (xii) If the petition is under Section 28 of the Act, the date since when the parties have been living separately and whether or not they have been able to live together and whether the mutual agreement dissolving the marriage is verbal or evidenced by a document in writing. (h) Every petition under Chapter V or Chapter VI of the Act shall state that there is no collusion between the petitioner and the other party to the marriage.

(i) The claim for damages, if any, with particulars. (j) The relief or reliefs prayed for. 8. Affidavit of non-collusionEvery petition under Chapter V or Chapter VI of the Act shall be accompanied by an affidavit to the effect that it is not presented in collusion with the respondent. If the petition is founded on the ground specified in clause (a) of sub-section (1) of Section 27, it will also state that the petitioner has not in any manner been accessory to or connived at the act or acts of sexual intercourse complained of. 9. Affidavit of non-condemnationWhere the petition is founded on the ground specified in clause (a) of sub-section (1) of Section 27 of the Act or where the ground of the petition is cruelty, the petition shall be accompanied by an affidavit to the effect that the petitioner has not condoned the act or acts complained of or has not in any manner condoned the cruelty. 10. Affidavit in the petition on the ground of mutual consentWhere divorce is sought on the ground of mutual consent, the petition shall be accompanied to an affidavit to the effect that such consent has not been obtained by force, fraud or undue influence. 11. Affidavit of non co-habitationEvery petition under Section 27(2)(i) shall be accompanied by an affidavit made by petitioner that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties. 12. Affidavit of non-restitution of conjugal rightsEvery petition under Section 27(2)(ii) shall be accompanied by an affidavit made by the petitioner of the fact that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties. 13. Necessary parties (a) In every petition for divorce judicial separation on the ground that the respondent has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse, the petitioner shall make the alleged adulterer or adulteress a correspondent to the petition. The petitioner may, however, apply to the Court on application supported by an affidavit, for leave to dispense with the joinder of such person as a co-respondent on any of the following grounds: (i) That the name of such person is unknown to the petitioner although he/she 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 voluntary sexual intercourse has been committed; or

(iv) Any other reason that the Court considers sufficient. (b) In every petition under Section 24 of the Act on the ground that the condition specified in clause (a) of Section 4 has not been fulfilled the petitioner shall make the spouse alleged to be living at the time of marriage, a co-respondent. 14. Application for leave under Section 29 of the Act(1) In support of an application for leave under Section 29 of the Act there shall be filed an affidavit by the applicant stating the grounds on which the application is made, particulars of the exceptional hardships or exceptional depravity alleged, whether there has been any previous application under the said Section, whether there are living any children of the marriage, and if so, the names and dates of birth or ages of such children, their sex where and with whom they are residing, whether any and if so, what attempts at reconciliation have been made and any circumstances which may assist the Court to determine the question whether there is reasonable probability of reconciliation between the parties. (2) Notice of the application shall be given to the respondent who may contest the same by filing affidavit in opposition. (3) In exceptional circumstances the Court may, if necessary, order a deponent to be crossexamined on his or her affidavit. (4) The application shall be accompanied by the petition intended to be filed. (5) When the Court grants leave, the petition shall be deemed to have been duly filed on the date of the said order provided proper Court-fee thereon is paid within the time allowed by the Court. 15. NoticeThe Court shall issue notice in form A accompanied by a copy of petition to the respondent and the correspondent, if any. The notice shall require, unless the Court otherwise directs, the respondent or co-respondent to file his or her written statement in Court on or before the date filed in the notice. 16. Counter claimWhere a counter-claim is made in terms of Section 23-A it shall comply with the Rules applicable to petitions on the like grounds. 17. Damages and costs against co-respondent(1) Whenever in any petition presented by a husband, the person alleged to have committed adultery has been made a co-respondent and the charge of adultery 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 petitioners costs: (a) If the respondent was, at the time of adultery, living apart from her husband and was leading the life of a prostitute; or

(b) If the co-respondent had not, at the time of voluntary sexual intercourse reason to believe the respondent to be a married woman. (2) The award of costs shall be in the discretion of the Court and the Court shall make an order of the same while passing the decree. (3) Where damages are claimed, the Court shall assess the same and direct in what manner the damages, if any, awarded shall be paid or applied. (4) The Court may assess damages and make an order for payment thereof or of costs notwithstanding that the respondent or the co-respondent or both of them have remained ex parte. 18. Application for alimony and maintenanceEvery application for maintenance pendente lite, permanent alimony and maintenance or for custody, maintenance and education expenses of minor children shall be supported by an affidavit and shall state the average monthly income of the petitioner and the respondent, the sources of their income, particulars of other movable and immovable property owned by them jointly or severally, the details of their liabilities, if any, alongwith the number of their dependents, if any, and the names and ages of such dependents. 19. Supply of certified copy of the decree to the parties(1) In every case where a marriage is dissolved by a decree of divorce, the Court passing the decree shall give a copy thereof free of cost to each of the parties. The copy so supplied shall be authenticated as true copy by the Court passing the decree. (2) The Court shall maintain a register where the particulars of the decree shall be incorporated and signatures of the parties or their Advocates or agents shall be obtained in token of their having received a true copy of the decree. 20. FormsThe forms given in the Appendix to these rules with such variations as the circumstances of each case may require shall be used. ______________
FORM A
In the District Court at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matrimonial and Divorce Jurisdiction. Case No . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of Institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Co-respondent To ..................... ..................... Whereas . . . has presented a petition application against you for . . . . under section . . . . . of the Special Marriage Act, 1954 (No. 43 of 1954). (A copy of the said petition/application is sent herewith). You are hereby summoned to appear in this Court on the . . . . , at 10 oclock in the forenoon to answer the said petition, application, either in person or by recognised agent duly instructed and able to answer all material questions relating to the case, or who shall be accompanied by some other person able to answer all such questions or by an Advocate similarly instructed or accompanied and you are directed to produce on that day all documents upon which you intend to rely in support of your defence. You should file an answer to the petition, application on the date mentioned above. You are further informed that in default of your appearance on the day in the manner above mentioned the petition/application will be heard and determined in your absence. Given under my hand the seal of this Court, this . . . . . . . day of . . . . . . Nineteen Hundred and. . . . . . Dated : By Order District Judge Dated. . . . . . . . . . . . . . . . .

_______________
FORM B
In the District Court at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent. Petition for the restitution of conjugal rights under Section 22 of the Special Marriage Act, 1954 (No. 43 of 1954). The petitioner prays as follows:

(1) The petitioner is the

of the respondent. The marriage between the parties was

of the Act by the Marriage Officer of . . . . . . . . . . . . at . . . . . . . . . . . . on . . . . . . . A certified copy of the certificate of marriage is attached with this petition. (2) The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows:

Husband Status Age Place of residence Status

Wife Age Place of residence

(i) Before marriage

(ii) At the time of filing the petition (3) (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages). (4) The respondent has, without reasonable excuse, withdrawn from the society of the petitioner with effect from . . . ..... (The circumstances under which the respondent withdrew from the society of the petitioner be stated). (5) There has not been any unnecessary or improper delay in filing this petition. (6) The petition is not presented in collusion with the respondent. (7) There is no other legal ground why the relief should not be granted. (8) There has not been any previous proceedings with regard to the marriage by or on behalf of the parties : There have been or the following previous proceedings with regard to the marriage by or on behalf of the parties. Serial No. Name of Parties Nature of proceedings with section of that Act Number and year of the case Name and location of Court Result

(i)

(ii) (iii) (iv) (9) The marriage are solemnized at. . . . . . . . . . . . . . . The parties last resided together at. . . . . . . . . . . . . . The parties are now residing at. . . . . . . . . . . . . . . .(within the local limits of the ordinary original jurisdiction of (this Court). (10) The petitioner submits that this Honble Court has jurisdictio n to entertain this petition. (11) The petitioner, therefore, prays for a decree for restitution of conjugal rights against the respondent. Petitioner

Verification
The above named petitioner states on solemn affirmation that paras 1 to . . . . . . . of the petition are true to the petitioners knowledge and para . . . . . . . to . . . . are true to the petitioners information received and believed to be true by him/her. Verified at. . . . . . (place) Dated . . . . . . . Petitioner

______________
FORM C
In the District Court at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner. Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent Petition for judicial separation under section 23 of the Special Marriage Act, 1954 (No. 43 of 1954). The petitioners prays as follows :

(1) The petitioner is the

of the respondent.

The marriage between the parties was of the Act by the Marriage Office of. . . . . . . . . . . . . at. . . . . . . . on . . . . . . . A certified copy of the certificate of marriage is attached with this petition. (2) The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows : Husband Status Age Place of residence Status Wife Age Place of residence

(i) Before marriage

(ii) At the time of filing the petition (3) (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages). (4) The respondent has . . . . . (any one or more of the grounds available for judicial separation may be pleaded here. The matrimonial offences charged should be set in separate paragraphs with time and places of their alleged commission. The facts on which the claim to relief is founded should be stated in accordance with the Rules and as distinctly as the nature of the case permits). (5) (Where the ground of petition is adultery). The petitioner has not in any manner been accessory to or convinced at or condoned the adultery. (6) (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the cruelty. (7) Where has not been any unnecessary or improper delay in filing the petition. (8) The petition is not presented in collusion with the respondent. (9) There is no other legal ground why the relief should not be granted. (10) There has not been any previous proceedings with regard to the marriage by or on behalf of the parties. Or There have been the following previous proceedings with regard to the marriage by or on behalf of the parties: Serial No. Name of Parties Nature of proceedings with section of that Act Number and year of the case Name and location of Court Result

(i) (ii) (iii) (iv) (11) The marriage was solemnized at. . . . . . . . . . . . . . . . . . . . . . The parties last resided together at. . . . . . . . . . . . . . . . . . . . . . The parties are now residing at. . . . . . . . . . . . . . . . (within the local limits of the ordinary original jurisdiction of this Court). (12) The petitioner submits that this Honble Court has jurisdiction to entertain this petit ion. (13) The petitioner, therefore, prays for a decree for judicial separation against the respondent. Petitioner

Verification
The above named petitioner states on solemn affirmation that paras 1 to . . . . of the petition are true to the petitioners knowledge and paras . . . . . . to . . . . . . . . are true to the petitioners information received and believed to be true by him. Verified at. . . . . . . (place) Petitioner

______________
FORM D
In the District Court at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent Petition for decree of nullity of marriage under Section 24(1) of the Special Marriage Act, 1954 (No. 43 of 1954). The petitioner prays as follows :

(1) The petitioner is the

of the respondent. The marriage between the parties was

of the Act by the Marriage Officer of. . . . . . . . . . at. . . . . on . . . . . A certified copy of the certificate of marriage is attached with this petition. 2. The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows : Husband Status Age Place of residence Status Wife Age Place of residence

(i) Before marriage (ii) At the time of filing the petition 3. (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages). 4. (State here on or more of the grounds on which a decree of nullity is sought. Facts on which the claim to relief is founded should be stated in compliance with the Rules and as distinctly the nature of the case permits). 5. There has not been any previous proceedings with regard to the marriage by or on behalf of any party.

Or There have been the following previous proceedings with regard to the marriage by or on behalf of the parties: Serial No. Name of Parties Nature of proceedings with section of that Act Number and year of the case Name and location of Court Result

(i) (ii) (iii) (iv) 6. There has not been any unnecessary or improper delay in filing this petition. 7. The petition is not presented in collusion with the respondent. 8. There is no other legal ground why the relief should not be granted. 9. The marriage was solemnized at. . . . . . The parties reside . . . . . Parties last resided together at. . . . Or (Where the petition is by a wife domiciled in the territories of India except the State of Jammu and Kashmir). The petitioner is resident within the territories of India except the State of Jammu and Kashmir and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the respondent is not resident in the said territories. 10. The petitioner submits that this Honble Court has jurisdiction to entertain this petition. 11. The petitioner, therefore, prays that the marriage solemnized between the Act being null and void may be so declared by the Court by a decree of nullity. Petitioner

Verification
The above named petitioner states on solemn affirmation that paras 1 to . . . . of the petition are true to the petitioners knowledge and paras . . . . to . . . . . are true to the petitioners information received and believed to be true by him. Verified at. . . . . . . . . . . (place) Date. . . . . . . . . . . . Petitioner

______________

FORM E
In the District Court at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent Petition under Section 24(2) of the Special Marriage Act, 1954 (No. 43 of 1954) for having the registration of a marriage under Chapter III of the Act declared to be of no effect. The petitioner prays as follows :

1. The petitioner is the

of the respondent.

The marriage between the parties was registered under Chapter III of the Act by the Marriage Officer of. . . . at. . . . . . on . . . . . . and it may be deemed to be a marriage solemnized under the Act by virtue of the provisions of Section 18. A certified copy of the certificate of marriage is attached with this petition. 2. The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows: Husband Status Age Place of residence Status Wife Age Place of residence

(i) Before marriage (ii) At the time of filing the petition 3. (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages). 4. (State here one or more of the statutory grounds on which relief is sought. Facts on which the claim to relief is founded should be stated as distinctly as the nature of the case permits). 5. There has not been any previous proceedings with regard to the marriage by or on behalf of the parties. Or There have been the following previous proceedings with regard to the marriage by or on . behalf of the. parties: Serial No. Name of Parties Nature of proceedings with section of that Act Number and year of the case Name and location of Court Result

(i)

(ii) (iii) (iv) 6. There has not been any unnecessary or improper delay in filing this petition. 7. The petition is not presented in collusion with the respondent. 8. There is no other legal ground why the relief should not be granted. 9. The marriage was solemnized at. . . . . . . . . . The parties last resided together at. . . . . . . . . . . . The parties are now residing at . . . . . . . (within the local limits of the ordinary original jurisdiction of this Court). 10. The petitioner submits that this Honble Court has jurisdiction to entertain the petition. 11. The petitioner, therefore, prays that the registration of the said marriage under Chapter III of the Act may be declared by Court to be of no effect. Petitioner

Verification
The above named petitioner states on solemn affirmation that paras 1 to . . . . . . . of the petition are true to the petitioners knowledge and paras . . . . . . . to . . . . . . . are true to the petitioners information received and believed to be true by him. Verified at. . . . . . . . . . . . . . . . . . . . . .(Place) Dated: Petitioner

______________
FORM F
In the District Court at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Petitioner Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Respondent. Petition for the annulment of a marriage under Section 25 of the Special Marriage Act, 1954 (No. 43 of 1954). The petitioner prays as follows :

1. The petitioner is the

of the respondent. The marriage between the parties was

of the Act by the marriage Officer of. . . . . . . . . . at. . . . . . . . . . . on . . . . . . . . . . . A certified copy of the certificate of marriage is attached to this petition. 2. The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows : Husband Status Age Place of residence Status Wife Age Place of residence

(i) Before marriage (ii) At the time of filing the petition 3. (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages). 4. (State here one or more of the statutory grounds on which relief is sought. Facts on which the claim to relief is founded should be stated as distinctly as the nature of the case permits). 5. There has not been any previous proceedings with regard to the marriage by or on behalf of any party. There have been the following previous proceedings with regard to the marriage by or on behalf of any party : Serial No. Name of Parties Nature of proceedings with section of that Act Number and year of the case Name and location of Court Result

(i) (ii) (iii) (iv) 8. There is no other legal ground why the relief should not be granted. 9. The marriage was solemnized at. . . . . . . . . . . . . . . . . . . . The parties reside at. . . . . . The parties last resided together at. . . . . . . . . Or (Where the petition is by a wife domiciled in the territories of India except the State of Jammu and Kashmir). The petitioner is resident within the territories of India, except the State of Jammu and Kashmir and has been ordinarily

resident therein for a period of three years immediately preceding the presentation of this petition and the respondent is not resident in the said territories. 10. The petitioner submits that this Honble Court has jurisdiction to enterta in this petition. 11. The petitioner, therefore, prays that the marriage between the parties being voidable, may be annulled by the Court by a decree of nullity. Petitioner

Verification
The above named petitioner states on solemn affirmation that paras 1 to . . . . . of the petition are true to the petitioners knowledge and paras . . . . . to. . . . . . are true to the petitioners information received and believed to be true by him. Verified at. . . . . . . . . . . . . . . . . . . . . . . . . . (Place) Date. . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner

______________
FORM G
In the District Court at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Respondent Petition for divorce under Section 27 of the Special Marriage Act, 1954 (No. 43 of 1954). The petitioner prays as follows :

1. The petitioner is the of the respondent. The marriage between the parties was Chapter II of the Act by the Marriage Officer of Chapter II . . . . . . . . at. . . . . on. . . . . A certified copy of the certificate of marriage is attached with this petition. 2. The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows: Husband Status Age Place of residence Status Wife Age Place of residence

(i) Before marriage (ii) At the time of filing the petition

3. (In this paragraph state the name of the children, if any, of the marriage together with their sex, dates of birth or ages). 4. The respondent has . . . . . . (one or more of the grounds specified in Section 27 of the Act may be pleaded here. The facts on which the claim to relief is founded should be stated in accordance with the Rules and as distinctly as the nature of the case permits). 5. (Where the ground of petition is adultery). The petitioner has not in any manner been accessory to or connived at or condoned the adultery. 6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the cruelty. 7. The petition is not presented in collusion with the respondent. 8. There has not been any unnecessary or improper delay in instituting the proceedings. 9. There has not been any previous proceedings with regard to the marriage by or on behalf of any party. Or There have been the following previous proceedings with regard to the marriage by or on behalf of the parties: Serial No. Name of Parties Nature of proceedings with section of that Act Number and year of the case Name and location of Court Result

(i) (ii) (iii) (iv) 10. (In petition by a husband for divorce on the ground of adultery where damages are claimed against the corespondent, grounds on which the claim to damages is founded should be fully and clearly stated and the amount claimed and the mode of assessment should be specified). 11. There is no other ground why relief should not be granted. 12. The marriage was solemnized at. . . . . The husband and wife reside at. . . . The husband and wife last resided together at. . . . . . . . .(within the local limits of the jurisdiction of the Court). Or (Where the petition is by wife domiciled in the territories of India except the State of Jammu and Kashmir). The petitioner is resident within the territories of India except the State of Jammu and Kashmir and has been ordinarily resident therein for a period of three years immediately preceding the presentation of this petition and the respondent is not resident in the said territories. (Give particulars according to the Rules). 13. The petitioner submits that this Honble Court has jurisdiction to entertain the petition.

14. The petitioner, therefore, prays that he may be granted a decree of divorce against the respondent, and (to be scored out if unnecessary) may further be granted a decree for recovery of Rs. . . . . . as damages against the adulterer co-respondent.

Verification
The above named petitioner states on solemn affirmation that paras 1 to . . . . . . of the petition are true to the petitioners knowledge and paras . . . . . to . . . . . . are true to the petitioners information received and believed to be true by him. Verified at. . . . . . . . . . . . . . Date. . . . . . . . . . Petitioner

______________
FORM H
In the District Court at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Husband). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (wife) Petitioners Petition for divorce by mutual consent under Section 28 of the Special Marriage Act, 1954 (No. 43 of 1954). The petitioners pray together as follows: 1. A marriage between the petitioners was solemnized/registered, under Chapter II/under Chapter III by the Marriage Officer of. . . . . . . . . . . . . . . . . . . at. . . . . . . . . . . . . . on. . . . . . . . . . . . . A certifie d copy of the certificate of marriage is attached to this petition. 2. The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows: Husband Status Age Place of residence Status Wife Age Place of residence

(i) Before marriage (ii) At the time of filing the petition 3. (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages). 4. The petitioners have been living separately for a period of one year or more and have not been able to live together and the petitioners have mutually agreed that the marriage should be dissolved. 5. The consent of either party has not been obtained by force, fraud or undue influence. 6. There is no collusion between the petitioners. 7. There has not been any previous proceedings with regard to the marriage by or on behalf of any party.

Or There have been the following previous proceedings with regard to the marriage by or on behalf of the parties : Serial No. Name of Parties Nature of proceedings with section of that Act Number and year of the case Name and location of Court Result

(i) (ii) (iii) (iv)

8. There has not been any unnecessary or improper delay in filing this petition. 9. There is no other legal ground why the relief should not be granted. 10. The marriage was solemnized at. . . . . . . The petitioners reside at. . . . . . The petitioners last resided together at. . . . . . . . . 11. The petitioners submit that this Honble Court has jurisdiction to entertain this petition. The petitioners, therefore, pray for a decree declaring the marriage to be dissolved with effect from the date of decree. Sd/. . . . . . . .(husband) Sd/. . . . . . . . .(wife) Petitioners

Verification
The above named petitioners state on solemn affirmation that paras 1 to . . . . . of the petition are true to their knowledge and paras . . . . . to . . . . . . are true to their information received and believed to be true by them. Verified at. . . . . . . . . . . . . . . . . . . . . . . . (Place). Sd/- . . . . . . . .(husband) Sd/- . . . . . . . . (wife) Petitioners

______________

FORM I
In the District Court at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applicant Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent Application under Section 29 of the Special Marriage Act, 1954 (No. 43 of 1954) praying that a petition for divorce may be allowed to be presented within one year of the date of entering the certificate of marriage in the Marriage Certificate Book. The applicant prays as under: 1. The applicant is the husband/wife of the respondent. The marriage between the parties was solemnized under Chapter II/Chapter III of the Act by the Marriage Officer of. . . . . . . . . at . . . . . . . . . . . on . . . . . . . . . . and a certificate of Marriage was entered in the marriage Certificate Book on . . . . . . . . . . A certified copy of the certificate of marriage is attached with this application. 2. The status and place of residence of the parties to the marriage before the marriage and at time of filing the application were as follows: Husband Status Age Place of residence Status Wife Age Place of residence

(i) Before marriage (ii) At the time of filing the petition 3. (In this paragraph state the names of the children, if any, of the marriage together with sex, dates of birth or ages).

4. There is a case of . . . . as. . . . . . . . (state here in accordance with the Rules and as distinctly as the nature of the case permits all the particulars about the exceptional hardship of depravity, as the case may be.) 5. There have not been any previous proceedings with regard to the marriage by or on behalf of any party. Or There have been the following previous proceedings with regard to the marriage by or on behalf of the parties. Serial No. Name of Parties Nature of proceedings with section of that Act Number and year of the case Name and location of Court Result

(i)

(ii) (iii) (iv) 6. The marriage was solemnized at. . . . The parties reside at . . . . . . . . . . . . . . . The parties last resided together at. . . .... Or (Where the application is by a wife domiciled in the territories of India except the State of Jammu and Kashmir). The applicant is resident within the territories of India excluding the State of Jammu and Kashmir and has been ordinarily resident therein for a period of three years immediately preceding for presentation of this application and the respondent is not resident in the said territories). 7. The applicant, therefore, submits that this Honble Court has jurisdiction to entertain this application. 8. The applicant therefore prays that he/she may be allowed to present a petition for divorce within one year of the date of entering the certificate of marriage in the Marriage Certificate Book. Applicant

Verification
The above named applicant states on solemn affirmation that paras 1 to . . . . . of the application are true to the applicants knowledge and paras . . . . . . . to . . . . . are true to the applicants information received and believed to b e true by him/her. Verified at. . . . . . . . . (Place). Applicant

______________
FORM J
In the District Court at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent Application for alimony pendente lite under Section 36 of the Special Marriage Act, 1954 (No. 43 of 1954). The applicant prays as under: 1. A proceeding under Chapter V/VI of the Act is pending in this Court between the parties. (Give the number and title of the case, date of hearing etc).

2. The applicant owns no other movable or immovable property, and has no other income except (Give full particulars of the applicants property and income etc). 3. The applicant has no independent income sufficient for her support and for the necessary expenses of the proceedings. 4. The respondent has sources of income and owns property mentioned below : (Give full particulars about respondents income and property etc.). 5. The only person dependent upon the respondent is the applicant herself or the applicant and. . . . . . . . . . 6. The respondent has not made provision for the applicants maintenance. 7. The applicant submits that having regard to the respondents own income and his property and having regard to the fact that the applicant has no independent income sufficient for her support and the necessary expenses of the proceeding, a sum of Rs. . . . . . per week/month as and by way of her support is the just and proper amount. 8. The respondent may be ordered to pay a sum or Rs. . . . . . as the applicants expenses of the proceedings and a sum of Rs. . . . . . . weekly/monthly for applicants support during the proceedings. Applicant

Verification
The above named applicant states on solemn affirmation that paras 1 to . . . . . of the application are true to the applicants knowledge and paras . . . . . to . . . . . are true to the applicants information received and believed to be true by her. Verified at . . . . . . . . . . . . . . (Place). Dated . . . . . . . . . . . Applicant

______________
FORM K
In the District Court at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent Application for permanent alimony and maintenance under Section 37 of the Special Marriage Act, 1954 (No. 43 of 1954). The applicant prays as under : 1. A proceeding between the parties under Chapter V/VI of the Act is pending in this Court/has been decided by (Give particulars like section of the Act, number and title of case, date of decree of hearing).

2. The applicant owns no other movable or immovable property and has no other source of income except. . . . . . . (Give full details of applicants income and property etc.). 3. The applicant has no sufficient income for her maintenance and support. 4. The respondent has sources of income and owns property mentioned below: (Give full particulars about respondents income and property etc.). 5. The only person dependent upon the respondent is the applicant herself or the applicant and. . . . . . . 6. The respondent has not made any provision for the applicants maintenance and support. 7. The applicant has not conducted herself in any manner which would disentitle her from the receiving maintenance and support from the respondent. 8. The applicant prays that having regard to the income of the parties and their conduct, the respondent may be ordered to secure to the applicant for her maintenance and support until her death gross/monthly/periodical sum of Rs. . . . . . . and (score out if unnecessary) the said sum should be made a charge on the respondents property. Applicant

Verification
The above named applicant states on solemn affirmation that paras 1 to . . . . . of the application are true to the applicants knowledge and paras . . . . . . . . to . . . . . are true to the applicants information received and believed to be true by her. Verified at . . . . . . . . . . . .(Place). Dated : Applicant

______________
Part E

Part E RULES TO REGULATE PROCEEDINGS UNDER THE HINDU MARRIAGE ACT, 1955, CENTRAL ACT NO. 25 OF 1955 HIGH COURT OF DELHI Delhi, the 6th October, 1980

No. 262/Gaz./OSD (R)In exercise of the powers conferred by Sections 14 and 21 of the Hindu Marriage Act, 1955 (Central Act No. 25 of 1955) and all other powers enabling in this behalf, the High Court of Delhi hereby makes the following rules to regulate the proceedings under the said Act. 1. Short titleThese rules may be called the Hindu Marriage Act Rules, 1979.

2. CommencementThese rules shall come into force from the date of their publication in the Delhi Gazette. 3. DefinitionsIn these rules, unless there is anything repugnant in the subject or context; (a) Act means the Hindu Marriage Act, 1955 (No. 25 of 1955) as amended from time to time. (b) Code means the Code of Civil Procedure, 1908 as from time to time modified or amended. (c) Court means the Court mentioned in Section 3(b) of the Act. (d) Form means a form appended to these rules. (e) Section and sub-section means, respectively, section and sub-section of the Act. (f) All other terms and expressions used herein but not defined shall have the meaning respectively assigned to them in the Act. 4. Petition(a) Every petition under the Act shall be accompanied by either a certified extract from the Hindu Marriage Register maintained under Section 8 of the Act where the marriage has been registered under the Act or in the absence of the same, an affidavit of the effect that the petitioner was married to the respondent (unless the certificate or affidavit is already on the record or is for sufficient cause dispensed with by the Court). (b) Every petition for divorce on any of the grounds mentioned in Clauses (i) and (ii) of subsection 1-A of Section 13 of the Act shall be supported by certified copy of the decree for judicial separation or for restitution of conjugal rights as the case may be. 5. Forms of proceedingsThe following proceedings under the Act shall be initiated by petitions : (i) Under Section 9 for restitution of conjugal rights; (ii) Under sub-section (1) of Section 10 for judicial separation; (iii) Under sub-section (2) of Section 10 for rescinding a decree for judicial separation; (iv) Under Section 11 for declaring a marriage null and void; (v) Under Section 12 for annulment of marriage by a decree of nullity; (vi) Under Section 13 for divorce; (vii) Under Section 13-B for divorce by mutual consent;

(viii) Under Section 14 for leave to present a petition for divorce before the expiration of one year from the date of marriage; (ix) Under Section 26 for making, revoking, suspending or varying orders and provisions with respect to the custody, maintenance and education of minor children. 6. Petition by or against a person suffering from mental disorder: A person suffering from mental disorder will be treated in all respects as a person of unsound mind for the purpose of Order XXIII of the Code. 7. Contents of petitionIn addition to the particulars required to be given under Order VII Rule 1 of the Code and Section 20(1) of the Act, all petitions under Section 9 to 13 shall state: (a) The place and date of marriage; (b) Whether the petitioner and the respondent were Hindu by religion at the time of marriage and whether they continue to be so up to the date of filing of the petition; (c) The name, status and domicile of the wife and the husband before the marriage and at the time of filing the petition; (d) The address where the parties to the marriage reside at the time of the presentation of the petition and last resided together; (e) The names of children, if any, the marriage, their sex and their dates of birth or ages; (f) If prior to the date of the petition there has been any proceeding under the Act between the parties to the petition, full particulars thereof; (g) The matrimonial offence or offences alleged or other grounds, upon which the relief is sought, setting out with sufficient particularity the time and places of the acts alleged, and other facts relied upon, but not the evidence by which they are intended to be proved, e. g.: (i) 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; (ii) If the petition is for decree of nullity of marriage on the grounds specified in clause (c) and (d) of sub-section (1) of Section 12 of the Act, the particulars of force or fraud and the circumstances in which force or fraud had been practised alongwith the time when the facts relied upon were discovered and whether or not marital intercourse with the consent of the petitioner took place after the discovery of the said facts; (iii) In every petition for judicial separation/divorce by either the husband or the wife on the ground that the other party has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse, the petitioner shall state the name,

occupation and place of residence of such person or persons so far as they can be ascertained, the specific acts of sexual intercourse and the occasion when and the place where such acts were committed; (iv) In the case of alleged desertion, the date and the circumstances in which it began; in the case of cruelty, the specific acts of cruelty and the occasion when and the place where such acts were committed; (v) In the case of unsoundness of mind or mental disorder, the time when such unsoundness of mind or mental disorder began to manifest itself and the nature and the period of the curative steps taken; (vi) In the case of virulent and incurable form of leprosy or venereal disease in communicable form, when such ailment began to manifest and the nature and the period of the curative steps taken; (vii) If the petition is on the ground specified in Section 13(l)(vii), the date of renunciation and the particulars of the religious order which the respondent has entered into; (viii) If the petition is on the ground specified in Section 13(l)(vii), the date and the place where the respondent was last seen or heard of alive and the steps, if any, taken to ascertain his or her whereabouts; (ix) Where the petition is founded on the ground of rape or sodomy the occasion when, the place where and the names and addresses of persons with whom such acts were committed. In case of conviction for committing rape or sodomy, the particulars thereof; (x) Where the petition is founded on the ground of bestiality, the occasion when, the place where and the particulars of the beast with whom the husband had been guilty of bestiality; (xi) In the case of divorce under Section 13(2)(iii) of the Act, particulars of the decree under Section 18 of the Hindu Adoption and Maintenance Act, 1956 or of order under Section 125 of the Code of Criminal Procedure, 1973 (or under the corresponding Section 488 of the Code of Criminal Procedure, 1898) together with an affidavit that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards; (xii) In the case of divorce under Section 13(2)(iv) the date and the place of birth of the wife together with the date and the place of repudiation and its mode; (h) The property mentioned in Section 27 of the Act, if any; (i) The relief or reliefs prayed for. 8. Affidavit of non-collusionEvery petition (excepting petitions under Section 11) shall be accompanied by an affidavit to effect that it is not presented or prosecuted in collusion with the respondent. In the petition seeking judicial separation/divorce on the ground that the party has,

after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse, it will also state that the petitioner has not, in any manner, been accessory to or connived at the act or acts complained of. 9. Affidavit of non-condonationWhere the ground of the petition is the ground specified in clause (i) of sub-section (1) of Section 13 or where the ground for the petition is cruelty, the petition shall be accompanied by an affidavit to the effect that the petitioner has not condoned the act or acts complained of or has not in any manner condoned the cruelty. 10. Affidavit of non-cohabitationEvery petition under Section 13(lA)(i) of the Act shall be accompanied by an affidavit made by the petitioner that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties. 11. Affidavit of non-restitution of conjugal rightEvery petition under Section 13(1A) (ii) of the Act shall be accompanied by an affidavit made by the petitioner of the fact that there has been no restitution of conjugal rights as between the parties for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties. 12. Necessary parties(a) In every petition for divorce/judicial separation on the ground that the respondent has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse, the petitioner shall make the alleged adulterer or adulteress a co-respondent to the petition. The petitioner may, however, apply to the Court, on application supported by an affidavit, for leave to dispense with the joinder of such person as a co-respondent on any of the following grounds: (i) That the name of such person is unknown to the petitioner although he/she 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 voluntary sexual intercourse has been committed; or (iv) Any other reason that the Court considers sufficient. (b) In every petition under Section 13(2)(i) of the Act the petitioner shall make the 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(i) is contravened the petitioner shall make the spouse alleged to be living at the time of the marriage, a co-respondent. 13. Application for leave under Section 14 of the Act(1) In support of an application for leave under Section 14 of the Act, there shall be filed an affidavit by the applicant stating the

grounds on which the application is made, particulars of the exceptional hardship or exceptional depravity alleged, whether there has been any previous application under the said section, whether there are living any children of the marriage, and, if so, the names and dates of birth or ages of such children, their sex, where and with whom they are residing, whether any, and if so, attempts at reconciliation have been made and any circumstances that which may assist the Court to determine the question whether there is reasonable probability of a reconciliation between the parties. (2) Notices of the application shall be given to the respondent who may contest the same by filing affidavit in opposition. (3) In exceptional circumstances the Court may, if necessary, order a deponent to be cross examined on his or her affidavit. (4) The application shall be accompanied by the petition intended to be filed. (5) When the Court grants leave, the petition shall be deemed to have been duly filed on the date of the said order provided proper Court fee thereon is paid within the time allowed by the Court. 14. NoticesThe Court shall issue notice in Form A accompanied by a copy of petition to the respondent and the co-respondent if any. The notice shall require, unless the Court otherwise directs the respondent or co-respondent to file his or her written statement in Court on or before the date fixed in the notice. 15. Written statement in answer to petitionWhere a counter-claim is made in terms of Section 23-A, it shall comply with the Rules applicable to petitions on the like grounds. 16. Application for alimony and maintenanceEvery application for maintenance pendente lite, permanent alimony and maintenance or for custody, maintenance and education expenses of minor children shall be supported by an affidavit and shall state the average monthly income of the petitioner and the respondent, the sources of their income, particulars of other movable and immovable property owned by them jointly or severally, the details of their liabilities, if any, alongwith the number of their dependents, if any, and the names and ages of such dependents. 17. Supply of certified copy of the decree to the parties(i) In every case where a marriage is dissolved by a decree of divorce, the Court passing the decree shall give a copy thereof free of cost to each of the parties. The copy so supplied shall be authenticated as true copy by the Court passing the decree. (2) The Court shall maintain a register where the particulars of the decree shall be incorporated and signatures of the parties or their advocates or agents shall be obtained in token of their having received a copy of the decree. 18. FormsThe Forms given in the Appendix to these rules with such variations as the circumstances of each case may require shall be used.

FORM A
In the District Court at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matrimonial and Divorce Jurisdiction Case No . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of Institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Co-Respondent To ................................ ................................ Whereas . . . . . . . . . . . . . . . has presented a petition, application against you for. . . . . . . . . . under Section . . . . . . . . . of the Hindu Marriage Act, 1955 (No. 25 of 1955) (A copy of the said petition application is sent herewith), you are hereby summoned to appear in this Court on the . . . . . . . . . . . at 10 ocl ock in the forenoon to answer the said petition/application, either in person or by recognised agent, duly instructed and able to answer all material questions relating to the case or who shall be accompanied by some other person able to answer all such questions or by an Advocate, similarly instructed or accompanied and you are directed to produce on that day all documents upon which you intend to rely in support of your defence. You should file a written statement/answer to the petition/ application on the date mentioned above. You are further informed that in default of your appearance on the day and in the manner above mentioned, the petition/application shall be heard and determined in your absence. Given under my hand and the seal of this Court, this . . . . . . . . . . . . . . . . . . . . . .day of. . . . . . . . . . . . . . . Nineteen hundred and . . . . . . . . . . . . . . . . . . . . . . Dated. . . . . . . . . . . . . . District Judge At. . . . . . . . . . . . .

______________
FORM B
In the District Court at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent

Petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955 (No. 25 of 1955). The petitioner prays as follows : 1. A marriage was solemnized between the parties according to Hindu rites and ceremonies on . . . . . . . . at. . . . . . The said marriage is registered with the Registrar of marriages. A certified copy of the relevant extract from the Hindu Marriage Register. . . . . . . is filed herewith. An affidavit, duly attested. 2. The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows: Husband Status Age Place of residence Status Wife Age Place of residence

(i) Before marriage (ii) At the time of filing the petition (Whether a party is a Hindu by religion or not is a part of his or her status). 3. (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages). 4. The respondent has, without reasonable excuse, withdrawn from the society of the petitioner with effect from . . . . ... (The circumstances under which the respondent withdrew from the society of the petitioner be stated). 5. The petition is not presented in collusion with the respondent. 6. There has not been any unnecessary or improper delay in filing the petition. 7. There is no other legal ground why relief Should not be granted. 8. There have not been any previous proceedings with regard to the marriage by or on behalf of any party. Or There have been the following previous proceedings with regard to the marriage by or on behalf of the parties : Serial No. Name of Parties Nature of proceedings with section of that Act Number and year of the case Name and location of Court Result

(i)

(ii) (iii) (iv) 9. The marriage was solemnized at. . . . . . . . . The parties last resided together at. . . . . . . The parties are now residing at. . . . . . (within the local limit of the ordinary original jurisdiction of this Court). 10. The petitioner submits that this Honble Court has jurisdiction to try and entertain this petition. 11. The petitioner prays for a decree for restitution of conjugal rights against the respondent. Sd/- . . . . . . . . .

Verification
The above named petitioner states on solemn affirmation that paras 1 to . . . . . of the petition are true to the petitioners knowledge and paras . . . . . . . . to . . . . . . are true to the petitioners information received and believed to be true by him/her. Verified at. . . . . . . . . . . . . . . . . . . . . . . (Place) Dated. . . . . . . . . . . . . . . . . . . . . . . . Petitioner

______________
FORM C
In the District Court at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Co-Respondent Petition for judicial separation under Section 10 of the Hindu Marriage Act, 1955 (No. 25 of 1955). The petitioner prays as follows : 1. A marriage was solemnized between the parties according to Hindu rites and ceremonies on . . . . . . . at. . . . . . . The said marriage is registered with the Registrar of marriages. A certified copy of the relevant extract from the Hindu Marriage Register. . . . . . . is filed herewith.

An affidavit, duly attested. 2. The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows: Husband Status Age Place of residence Status Wife Age Place of residence

(i) Before marriage (ii) At the time of filing the petition (Whether a party is a Hindu by religion or not is a part of his or her status). 3. (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages). 4. The respondent has . . . . . . (any one or more of the grounds available under Section 10 may be pleaded here. The matrimonial offences charged should be set in separate paragraphs with times and places of their alleged commission. The facts on which the claim to relief is founded should be stated in accordance with the Rules and as distinctly as the nature of the case permits). 5. Where the ground of petition is on the ground specified in clause (i) of section 13(1). The petitioner has not in any manner been necessary to or connived at or condoned the acts complained of. 6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the cruelty. 7. The petition is not presented in collusion with the respondent. 8. There has not been any unnecessary or improper delay in filing this petition. 9. There is no other legal ground why the relief should not be granted. 10. There have not been any previous proceedings with regard to the marriage by or on behalf of any party. Or There have been the following previous proceedings with regard to the marriage by or on behalf of the parties: Serial No. Name of Parties Nature of proceedings with section of that Act Number and year of the case Name and location of Court Result

(i) (ii)

(iii) (iv) 11. The marriage was solemnized at. . . . . . . . The parties last resided together at. . . . . . . . . The parties are now residing at. . . . . . . . (within the local limits of the ordinary original jurisdiction of this Court). 12. The petitioner submits that this Honble Court has jurisdiction to try and entertain this petition. 13. The petitioner therefore prays for a decree for judicial separation against the respondent. Petitioner

Verification
The above named petitioner states on solemn affirmation that paras 1 to . . . . . of the petition are true to the petitioners knowledge and paras . . . . . . . . . . to . . . . . . are true to the petitioners informatio n received and believed to be true by him/her. Verified at. . . . . . . . . . . . . . . . . . .(Place) Dated. . . . . . . . . . . . . . Petitioner

______________
FORM D
In the District Court at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent Petitioner for a decree of nullity of marriage under Section 11 of the Hindu Marriage Act, 1955 (No. 25 of 1955). The petitioner prays as follows: 1. A marriage was solemnized between the parties according to Hindu rites and ceremonies after the commencement of the Hindu Marriage Act on . . . . . . . . at . . . . . . . A certified copy of the relevant extract from the Hindu Marriage Register is filed. An affidavit, duly attested herewith. 2. The status and the place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows : Husband Status Age Place of residence Status Wife Age Place of residence

(i) Before marriage (ii) At the time of filing the petition (Whether a party is a Hindu by religion or not is a part of his or her status). 3. (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages). 4. The respondent had a spouse living at the time of the marriage (give full particulars). The parties are within the degrees of prohibited relationship and there is no custom or usage governing each of them which permits of a marriage between the two. (Specify the exact relationship between the parties). The parties are sapindas of each other and there is no custom or usage governing each of them which permits of a marriage between the two. (Specify the exact relationship between the parties). (One or more of the above grounds may be pleaded, and portions which are not applicable should be scored out. Facts on which the claim to relief is founded should be stated in compliance with the rules and as distinctly as the nature of the case permits). 5. There has not been any unnecessary or improper delay in filing the petition. 6. There is no other legal ground why the relief should not be granted. 7. There have not been any previous proceedings with regard to the marriage by or on behalf of any party. Or There have been the following previous proceedings with regard to the marriage by or on behalf of the parties : Serial No. Name of Parties Nature of proceedings with section of that Act Number and year of the case Name and location of Court Result

(i) (ii) (iii) (iv)

8. The marriage was solemnized at. . . . . . . . . The parties last resided together at. . . . . . . . The parties are now residing at . . . . . . . . . . . . . . . . (within the local limits of the ordinary original jurisdiction of this Court). 9. The petitioner submits that this Honble Court has jurisdiction to entertain this petition.

10. The petitioner, therefore, prays that the marriage solemnized between the parties being null and void may be so declared by the Court by a decree of nullity.

Verification
The above named petitioner states on solemn affirmation that paras 1 to . . . . . of the petition are true to the petitioners knowledge and paras . . . . . . to . . . . . . are true to the petitioners information received and believed to be true by him/her. Verified at. . . . . . . . . . . . . (Place). Dated. . . . . . . . . . Petitioner

______________
FORM E
In the District Court at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent Petition for the annulment of marriage, under Section 12 of the Hindu Marriage Act, 1955 (No. 25 of 1955). The petitioner prays as follows : 1. A marriage was solemnized between the parties according to Hindu rites and ceremonies after the commencement of the Hindu Marriage Act on . . . . . . . . . . at . . . . . . . . . . . . . . . . A certified copy of the relevant extract from the Hindu Marriage Register is filed herewith. An affidavit, duly attested. 2. The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows : Husband Status Age Place of residence Status Wife Age Place of residence

(i) Before marriage (ii) At the time of filing the petition (Whether a party is a Hindu by religion or not is a part of his or her status).

3. (In this paragraph state the names of the Children, if any, of the marriage together with their sex, dates of birth or ages). 4. (One or more of the grounds as specified in Section 12 of the Act may be pleaded here. Facts on which the claim to relief is founded should be stated in accordance with the Rules and as distinctly as the nature of the case permits). 5. The petition is not instituted in collusion with the respondent. 6. There has not been any unnecessary or improper delay in filing this petition. 7. There is no other legal ground why the relief should not be granted. 8. There have not been any previous proceedings with regard to the marriage by or on behalf of any party. Or There have been the following previous proceedings with regard to the marriage by or on behalf of the parties : Serial No. Name of Parties Nature of proceedings with section of that Act Number and year of the case Name and location of Court Result

(i) (ii) (iii) (iv) 9. The marriage was solemnized at. . . . . . . . . . . . The parties last resided together at . . . . The parties are now residing at . . . . . . . . . (within the local limits of the ordinary original jurisdiction of this Court). 10. The petitioner submits that this Honble Court has jurisdiction to try and entertain this petition. 11. The petitioner, therefore, prays that the marriage between the parties being voidable, may be annulled by the Court by a decree of nullity. Petitioner

Verification
The above named petitioner states on solemn affirmation that paras 1 to . . . . . of the petitioners knowledge and petition are true to the paras . . . . . . . . to . . . . . . . are true to the petitioners information received and believe d to be true by him/her. Verified at. . . . . . . . . . . . . . . . . . . .(Place). Date. . . . . . . . . . . . . . . . . Petitioner

______________
FORM F
In the District Court at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Co-Respondent Petition for dissolution of marriage by a decree of Divorce under Section 13 of the Hindu Marriage Act, 1955 (No. 25 of 1955). The petitioner prays as follows : 1. A marriage was solemnized between the parties according to Hindu rites and ceremonies after the commencement of the Hindu Marriage Act on . . . . . . . . . . at . . . . . . . . . . . . . . . . . . . . . A certified copy of the relevant extract from the Hindu Marriage Register is filed herewith. An affidavit, duly attested. 2. The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were on follows : Husband Status Age Place of residence Status Wife Age Place of residence

(i) Before marriage (ii) At the time of filing the petition (Whether a party is a Hindu by religion or not is a part of his or her status). 3. (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages). 4. The respondent. . . . . . (one or more of the grounds specified in Section 13 may be pleaded here. The facts on which the claim to relief is founded should be stated in accordance with the Rules and as distinctly as the nature of the case permits. If ground as specified in clause (i) of Section 13(1) is pleaded, the petitioner should give particulars as nearly as he can, of facts of voluntary sexual intercourse alleged to have been committed. The matrimonial offences/offences charged should be set in separate paragraphs with the times and places of their alleged commission). 5. (Where the ground of petition is the ground Specified in clause (i) of sub-section (1) of Section 13. The petitioner, has not in any manner been accessory to or connived at or condoned the act(s) complained of).

6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the cruelty. 7. The petition is not presented in collusion with the respondent. 8. There has not been any unnecessary or improper delay in filing the petition. 9. There is no other legal ground why the relief should not be granted. 10. There have not been any previous proceedings with regard to the marriage by or on behalf of any party. Or There have been the following previous proceedings with regard to the marriage by or on behalf of the parties : Serial No. Name of Parties Nature of proceedings with section of that Act Number and year of the case Name and location of Court Result

(i) (ii) (iii) (iv) 11. The marriage was solemnized at. . . . . . . The parties last resided together at. . . . . . The parties are now residing at . . . . . . . (within the local limits of the ordinary original jurisdiction of this Court). 12. The petitioner submits that this Honble Court has jurisdiction to entertain this petition. 13. The petitioner therefore prays that the marriage between the petitioner and the respondent may be dissolved by a decree of divorce. Petitioner

Verification
The above named petitioner states on solemn affirmation that para 1 to . . . . . . of the petition are true to the petitioners knowledge and paras . . . . . . . to . . . . . . . . . are true to the petitioners information received and belie ved to be true by him/her. Verified at. . . . . . . . . . . . . . . . . . . . .(Place). Dated. . . . . . . . . . . . . . . . . . Petitioner

______________

FORM G
In the District Court at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Petitioner No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner No. 2 Petition for dissolution of marriage by a decree of divorce by mutual consent under Section 13-B(1) of the Hindu Marriage Act, 1955 (No. 25 of 1955), as amended by the Marriage Laws (Amended) Act, 1976. The petitioners pray as follows : 1. A marriage was solemnized between the parties according to Hindu rites and ceremonies on . . . . . . . . at . . . . . . A certified copy of the relevant extract from the Hindu Marriage Register is filed herewith. An affidavit, duly attested. 1. The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows : Husband Status Age Place of residence Status Wife Age Place of residence

(i) Before marriage (ii) At the time of filing the petition (Whether a party is Hindu by religion or not is a part of his or her status). 3. (In this paragraph state the place where the parties to the marriage last resided together and the names of the children, if any, of the marriage together with their sex, dates of birth or ages). 4. That the parties to the petition have been living separately since. . . . . . . . . . . and have not been able to live together since then. 5. That the parties to the petition have mutually agreed that their marriage should be dissolved. 6. That the mutual consent has not been obtained by force, fraud or undue influence. 7. That the petition is not presented in collusion. 8. That there has not been any unnecessary or improper delay in instituting the proceedings. 9. That there is no other legal ground why relief should not be granted. 10. The petitioners submit that this Court has jurisdiction to entertain this petition. 11. The petitioners, therefore, pray that the marriage between the parties may be dissolved by a decree of divorce. Petitioner

Verification
The above named petitioners state on solemn affirmation that paras 1 to . . . . . of the petition are true to their knowledge and paras . . . . . . to . . . . . . . are true to their information received and believed to be true by them. Verified at. . . . . . . . . . . . . . . . . . . . .(Place). Dated. . . . . . . . . . . . . Petitioners

______________
FORM H
In the District Court at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent Application under Section 14 of the Hindu Marriage Act, 1955 (No. 25 of 1955) praying that a petition for divorce may be allowed to be presented within one year of the marriage. The applicant prays as under: 1. A marriage was solemnized between the parties according to Hindu rites and ceremonies on . . . . . . . at. . . . . . A certified copy of relevant extract from the Hindu Marriage Register is filed herewith. An affidavit, duly attested. 2. The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows : Husband Status Age Place of residence Status Wife Age Place of residence

(i) Before marriage (ii) At the time of filing the petition (Whether a party is a Hindu by religion or not is a part of his or her status). 3. (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages). 4. This is a case of exception hardship of the petitioner exceptional depravity on the part of the Respondents as (state here in accordance with the Rules and as distinctly as the nature of the case permits all the particulars about the exceptional hardship or depravity, as the case may be).

5. The marriage was solemnized at. . . . . . . . . . The parties last resided together at. . . . . . . . . . (within the local limits of the ordinary original jurisdiction of this Court). 6. The petitioner submits that this Honble Court has jurisdiction to try and entertain the application. 7. The applicant therefore prays that he/she may be allowed to present a petition for divorce within one year of the marriage. Applicant

Verification
The above named applicant states on solemn affirmation that paras 1 to . . . . . of the application are true to the applicants knowledge and paras . . . . . . to . . . . . . are true to the applicants information received and believed to b e true by him/her. Verified at. . . . . . . . . . . . . . . . . . . . .(Place). Dated. . . . . . . . . . . Applicant

______________
FORM I
In the District Court at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent Application for maintenance pendente lite and for expenses of proceedings under Section 24 of Hindu Marriage Act, 1955 (Act No. 25 of 1955). The applicant prays as follows : 1. A proceeding for . . . . . . . . under Section . . . . . . . of the Hindu Marriage Act, 1955, is pending between the parties in this Court, the next date of hearing is . . . . . . . . . . . . . . . . . . . 2. The petitioner owns no other movable or immovable property and has no other source of income except the following . . . . . (Give full particulars of the petitioners property and income). 3. The petitioner has no independent income sufficient for his/her support and the necessary expenses of the proceeding. The respondent has not made any provision for the petitioners maintenance. 4. The respondent has sources of income and owns movable and immovable property mentioned below: . . . . . . . . . . . . . . . . . . . . . (Give full particulars of respondents income and property).

5. The only person dependent upon the respondent is the petitioner himself/herself or the petitioner and (Give here the details of the liabilities if any, of the parties alongwith the details of the dependents, if any, and the names and ages of such dependents). 6. The petitioner submits that having regard to the Respondents own income and his/her property and having regard to the conduct of the Respondent and the petitioner, a sum of Rs. . . . . per month as and by way of maintenance and support is the just and proper amount for the maintenance and support of the petitioner. 7. The petitioner prays that the respondent should be ordered to pay a sum of Rs . . . . . . . . . as the petitioners expenses of the proceeding and a sum of Rs. . . . . . . monthly for petitioners maintenance during the proceeding. Petitioner

Verification
The above named petitioner states on solemn affirmation that paras 1 to . . . . . of the petition are true to the petitioners knowledge and paras . . . . . . to . . . . . . . are true to the petitioners information received and believed to be true by him/her. Verified at. . . . . . . . . . . . . . . . . .(Place). Dated. . . . . . . . . . . Petitioner

______________
FORM J
In the District Court at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner Versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent Application for permanent alimony and maintenance under Section 25 of the Hindu Marriage Act, 1955 (No. 25 of 1955). The applicant prays as follows : 1. A proceeding between the parties for. . . . . . . under Section . . . . . . . of the Hindu Marriage Act, 1955, is pending in this Court, was decided, particulars of which are given below : (In case main proceeding is pending give only the next date of hearing). Name and year of the Case Name of parties Date of decision Remarks

2. The applicant owns no other movable or immovable property and has no other source of income except the following . . . . . . .

(Give full particulars about applicants income and property). 3. The respondent has sources of income and owns movable and immovable property mentioned below: . . . . . . . . . . . . . . . (Give full particulars of respondents income and property). 4. The only person dependent upon the respondent is the applicant himself/herself or the applicant and (Give here the details of the liabilities if any, of the parties alongwith the details of the dependents). 5. The respondent has not made any provision for the applicants maintenance. 6. The applicant has not remarried and has not been guilty of any conduct which would disentitle him/her to receive maintenance from the respondent. 7. The applicant submits that he/she is entitled to alimony for his/her maintenance and support in any amount sufficient to maintain the applicant in the standard of life to which he/she is accustomed. 8. The applicant prays that having regard to the income of the parties, their conduct, and other circumstances of the case, the respondent may be ordered to pay to the applicant or his/her maintenance and support until death or remarriage a gross/monthly/periodical sum of Rs. . . . . (score out portion not necessary) and such payment may be secured by a charge on the immovable property of the respondent. Applicant

Verification
The above named applicant states on solemn affirmation that paras 1 to. . . . . . of the application are true to the applicants knowledge and paras . . . . . . . to . . . . . . are true to the applicants informat ion received and believe to be true by him/her. Verified at. . . . . . . . . . . . . . .(Place). Dated. . . . . . . . . . . Applicant.

______________ 1. The Indian Companies Act, 1913, was repealed by the Companies Act, 1956 [No. 1 of 1956]. In view of Section
645 of Act I of 1956, the rules framed under the previous company law continue in force in so far as these could have been made under or in pursuance of Act I of 1956 and shall have effect as if made under or in pursuance of Act I of 1956.

2. In the case provisional liquidator. 1. Insert here general or adjourned general or first meeting of creditors (or contributories) as the case may be. 3. Omit if creditors are entitled to object to the reduction.