RAJASTHAN HIGH COURT, JODHPUR

NOTIFICATION
As amended upto 02.09.2020

No.06/S.R.O./2018 Date :04.07.2018

The High Court of Judicature for Rajasthan, in exercise of the rule

making powers conferred upon it by Article 227 of the Constitution of
India and all other powers enabling it in that behalf, and with the
approval of Governor of Rajasthan, has made the revised Rules annexed
hereto for the guidance of the Courts and tribunals subordinate to it.

PART- I
ORDER 1
PRELIMINARY
1. Title-
These Rules may be called the General Rules (Civil & Criminal) 2018.

2. Application-
These Rules shall come into force from the date of publication of
notification in the Official Gazette and shall apply to all suits,
appeals, judicial proceedings of whatever nature and matters
connected thereto, so far as may be, in all the Courts and tribunals
subordinate to the High Court, pending or commenced on or
subsequent to that date.

3. Repeal-
All previous rules, orders, or regulations relating to the matters
which are provided for in these Rules, are hereby repealed:
Provided that the repeal shall not affect the previous operation
of the rules, orders or regulations so repealed or anything duly done
or to be done or suffered there-under.

4. Definitions-
In these Rules, unless there is anything repugnant in the subject or
context-
(a) "Court" means and includes every Court and Tribunal
subordinate to the High Court of Judicature for Rajasthan.
(b) The "Code" in context to civil cases means the Code of Civil
Procedure, 1908 and in context to criminal cases means the
Code of Criminal Procedure 1973 as amended time to time.
(c) ―Electronic record‖ shall have same meaning as assigned to it
in The Information Technology Act, 2000.
(d) The expression;
(i) ―District Judge‖ includes Additional District Judge.
(ii) "Sr. Civil Judge‖ includes Additional Sr. Civil Judge.
(iii) "Civil Judge" includes Additional Civil Judge.
(iv) ―Sessions Judge‖ includes Additional Sessions Judge.
(v) ―Chief Judicial Magistrate‖ includes Chief Metropolitan
Magistrate/ Additional Chief Judicial Magistrate/
Additional Chief Metropolitan Magistrate.
(vi) ―Judicial Magistrate‖ includes Metropolitan Magistrate/
Additional Judicial Magistrate/ Additional Metropolitan
Magistrate.
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Vide Notification No. 06/SRO/2018 dated 4th July, 2018, published in the Rajasthan Gazette, Extraordinary
Page

Part-I (b), dated 31.12.2018

 (vii) ―Chief Judicial Magistrate‖, ―Chief Metropolitan
Magistrate‖, ―Magistrate‖ and other expressions, used
hereinafter but not defined, shall have same meaning as
defined in Criminal Procedure Code.
(e) ―Form‖ means the form prescribed in these Rules.
(f) "Government" means the Government of State of Rajasthan.
(g) "High Court" means the High Court of Judicature for
Rajasthan.
(h) "Judicial Officer" means the Presiding Officer of a Court or
tribunal subordinate to High Court, as the case may be.
(i) ―Narcotic Drugs and Psychotropic Substances‖ means the
Narcotics Drugs and Psychotropic Substances as defined in
Section 2 of Narcotics Drugs and Psychotropic Substances Act,
1985 as amended time to time.
(j) ―Pleader" means pleader as defined under section 2 (15) of the
Code of Civil Procedure.
(k) ―Senior Munsarim‖ includes Munsarim and vice-versa
(L) "State" means the State of Rajasthan.

5. Working hours of court and office-

(1) The provisions relating to working hours of office and the court
will be as per notification issued time to time by the Rajasthan
High Court.
(2) The hours of work in offices of Courts shall be 10. 00 A. M. to 5.
00 P. M. with a lunch break from 1. 30 P. M. to 2. 00. P. M. and
during summer hours 7. 30 A. M. to 1. 00 P.M. with Tea break
from 10.00 A.M. to 10.15 AM, if morning hours are observed on
the special or general orders of the High Court.
(3) Daily sittings of Judges.-
The hours of work in the Courts shall be as under -
10.00 A.M. to 10.30 A.M. In Chamber
10.30 A.M. to 01.30 P.M. In Court
01.30 P.M. to 02.00 P.M. Lunch Interval
02.00 P.M. to 04.30 P.M. In Court
04.30 P.M. to 05.00 P.M. In Chamber
During summer, if morning hours are observed under the orders
of the High Court, the hours of work shall be as under –
7.30 A.M. to 8.00 A.M. in Chamber
8.00 A.M. to 10.00 AM in Court
10.00 A.M. to 10.15 A.M. Tea interval
10.15 AM to 12.30 P.M. in Court
12.30 PM to 1.00 PM in Chamber
Provided that the Presiding Officer may retire to his
Chamber as soon as the Court work fixed for the day is over and
to remain available in Chamber till the working hours are over :
Provided further that the Presiding Officer may in his
discretion sit in the Court also during the hours fixed for the
Chamber sitting.
Provided further that nothing shall preclude entertainment of any
urgent matter beyond normal office/ court hours or on a holiday.

6. Administrative control—
Subject to any Act or Rules in this behalf and to the superintendence
of the High Court, the District Judge shall have administrative control
over all Courts and tribunals including the Court of an Additional
District Judge within the local limits of his jurisdiction.
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7. Officers-in-charge—
Subject to the general control and supervision of the District Judge,
Record Room, Amins, Copying Department, Malkhana, at any other
place where two or more Courts are located, shall each be placed in
charge of a judicial officer nominated by the District Judge. However,
the Central Nazarat shall be generally placed in charge of a senior
judicial officer.
8. Attendance Register of staff—
The Sr. Munsarim or the Reader, as the case may be, shall maintain an
attendance register of the staff in the prescribed form (Register
No.200) and shall put it up before the Presiding Officer on every
Monday and if Monday is a holiday then on the next working day. The
Presiding Officer shall also make surprise inspection of the register
atleast once a month to inform himself about the maintenance of
punctuality in observance of office hours. He shall make a quarterly
report regarding the maintenance and observance of punctuality in
office as well as in court hours to the District Judge.

9. Clerks not to take records—

Clerks shall not take records to their houses and shall finish their work
within office hours in court building.

10. Administrative work—

All administrative work shall, so long as there is judicial work to be
done between the above hours, be conducted outside those hours, and
may be done in the Presiding Officer's chambers.

11. Work on holidays—

No judicial matter shall be heard on a holiday:
Provided that on a holiday the court may not refuse to take an order
urgently required in the interest of Justice.

12. If a case is fixed for a day on which the court does not sit on account
of its being later found or declared to be a holiday, the case will be
taken up on the next day on which the court sits.

13. Attendance Register of the Presiding Officer—

A register of attendance in the prescribed form (Register No.201)
shall be kept by every Presiding Officer in his own handwriting and
shall be signed by him at the end of each month, provided that if a
Presiding Officer is transferred during the month, he shall sign such a
register at the end of the last date he attended that office, instead of
at the end of that month. The District Judge shall forward a true copy
of his own register (Register No.201) to the High Court at the end of
each month (Return No.2) and shall also report if the subordinate
courts have observed court hours during the month. The registers of
all subordinate courts at headquarter and true copies of registers or
outlying courts shall be submitted to the District Judge at the end of
each month. The District Judge may pass necessary orders about the
timings observed by subordinate courts and shall forward such
registers or their copies to the High Court only, if he considers it
necessary.

14. Daily Cause List—

A Cause List in the prescribed form (F.101) of cases fixed for hearing
on a day shall be prepared in triplicate in legible Hindi/ English through
Case Information System. It shall be signed by the Reader of the court
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and shall be pasted on the previous working day on the Notice Board
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of the court displayed in a conspicuous place in the courthouse. It shall

 also be displayed on the website of the Court. One of the copies of
Cause List shall be kept with the Presiding Officer during the hearing in
the court and the third copy shall be kept with the Reader. In the
preparation of such list, preference shall be given to cases which are at
hearing or have been adjourned from the previous day. The order in
which cases are entered shall not be departed from without order of
the Presiding Officer.
In the seventh column it shall be noted in regard to each case
for what purpose it is to be laid before the court, for instance for
settlement of issues or for recording evidence or for final disposal or
for arguments or for delivery of judgment. The Reader shall maintain a
file of Daily Cause List which shall be preserved for one year and shall
be destroyed at the end of the next calendar year.

15. Time for presentation of applications—

The District Judge shall fix a time, of which due notice shall be pasted
on the Notice Board and website of his Court, and for all courts
subordinate to him, for the presentation of applications, etc. to the
Presiding Officer of the court. In the absence of any special order to
the contrary such applications etc. shall be presented during half an
hour at the commencement of the sitting of the court and half an hour
before the time for rising of the court.

16. Rubber stamps prohibited—

The use of rubber stamps in the judicial order for signatures required
to be made by any law or rules, is forbidden.

17. Table of jurisdiction—

In every court-room there shall be hung up in a conspicuous place a
notice setting forth, in tabular form, the territorial and pecuniary
jurisdiction as notified by the State Government and the High Court
from time to time of the court. The Sr. Munsarim or Reader of the
court concerned, as the case may be, shall be responsible for the
maintenance up-to-date of this table of jurisdiction.

18. Absence of District Judge—

Whenever an Additional District Judge or a Sr. Civil Judge, assumes
charge of the office of District Judge and exercise his powers under
section 11 of the Rajasthan Civil Courts Ordinance (No. VII of 1950)
he may, while he is incharge of such office in addition to his normal
duties, carry on the current routine work of the District Judge and may
pass interim judicial orders in any urgent civil matter arising out of or
relating to the cases on the file of the District Judge :
Provided that while passing such order, the Additional District
Judge or the Sr. Civil Judge, as the case may be, shall direct that the
same shall be put up for final orders before the District Judge, as soon
as may be possible on the latter resuming or assuming charge of the
office and the District Judge may thereupon pass such orders as he
may consider just or proper.

19. Court dress for officers and lawyers—

The following distinctive costume shall be worn by Presiding Officers of
the Courts and by Advocates and pleaders practicing in such courts :-
Black Coat (Buttoned up or of open collar) or black achkan with
bands; with a white shirt and white/black/grey/black and gray striped
trousers and with the black achkan, a white churidar payjama shall be
worn.
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The lady Presiding Officers and lady Advocates appearing before

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the Courts shall wear a white saree without border or with sober
border with white Blouse or white Salwar Kurta alongwith open neck or
open collar or buttoned up black coat with white bands.
Dress of the public Prosecutors/ Assistant Public Prosecutors-
Black Coat (Buttoned up or of open collar) or black achkan with bands;
with a white shirt and white/black/grey/black and gray striped
trousers. If open collar black coat is worn, then black tie shall be worn.
The lady Public Prosecutor/ Assistant Public Prosecutor appearing
before the Courts shall wear a white saree without border or with
sober border with white Blouse or white Salwar Kurta alongwith open
neck or open collar or buttoned up black coat.

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 ORDER 2
INSPECTION OF RECORDS
1. Separate room for inspection –
The Presiding Officer of each Court, or where there are centralized
arrangements for the inspection of records of more than one Court
located at the same station, the senior-most, Judicial Officer shall
allot a room for the inspection of records. Where there is no official
appointed exclusively as an inspection Clerk, he shall appoint one of
the clerks to perform the duties of the Inspection Clerk, in addition
to his own duties.

2. Prohibition against giving surreptitious information-

Ministerial Officer and the fourth grade staff of the Court should be
made to understand that no information or copy shall, in any
circumstances, be given otherwise than as laid down in the rules and
that surreptitious or gratuitous supply of information or copy is
strictly forbidden.

3. Papers in office not open to inspection –

The papers other than those of a judicial record shall not be open to
inspection except under an order in writing of the Presiding Officer
made on the office report.

4. Inspection of papers in office –

No record or paper in the office or in the custody of an officer of the
Court shall be inspected by any person other than the Presiding
Officer or an officer of the Court, except under an order in writing
signed by the Presiding Officer:
Provided firstly, that the Presiding Officer may, in his
discretion, without making a written order in that behalf, permit a
party to a case or his pleader to inspect in the court room the record
of a pending case on the day of hearing and
Provided secondly, that memorandum book of dates of hearing
(Peshi Register) shall be made available for inspection free of
charge, without any written application or order.

5. Application for inspection –

Except in the case mentioned in the proviso to rule 4, no order for
inspection of a record or of any paper in a record, or for the
inspection of a book or register shall be made except upon a written
and duly stamped application, provided that no stamp shall be
required in case of application for inspection made on behalf of the
Government, or of the accused in custody or any person in receipt of
free legal aid.

6. Papers in office not open to inspection—

The papers other than those of a judicial record shall not be open to
inspection, except under an order in writing of the Presiding Officer
made on an office report.

7. Application for inspection by party to a case –

Any party to a case, appeal or other proceedings in the Court, and

any such party's advocate, or attorney, who has duly filed a
Vakalatnama or power of attorney, may apply for an order to inspect
6

the record, or any papers in such case, appeal or other proceeding.

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8. Application for inspection by non-party –

(1) Any person, other than a person to whom rule 6 applies, may
apply for an order for the inspection of a record or paper in a
case, appeal or other proceeding.
(2) No such person shall be entitled as of right to obtain an order
for inspection, nor shall he in any case be allowed to inspect
exhibits put in evidence except with the consent in writing of
the person by whom they were produced or his successor-in
interest. Such consent shall invariably be filed along with the
application for inspection.

9. Form and fees for application –

(1) Every application for inspection of a record shall be in writing in

the prescribed Form (F.102) and shall set forth:-
(a)the name and description of the applicant and his position (if
any) in the case or proceeding;
(b)the following particulars concerning the record of which
inspection in desired :-
(i) Number and year of case,
(ii) Name of Court,
(iii) Title of case,
(iv) Date of disposal when the case has been disposed of and
date of hearing when the case is pending.
(2) The fees for the inspection of records shall be paid in court fee
labels in accordance with the following scale, namely:-
(i) Ordinary Rs. 1/-1
(ii) Urgent Rs. 2.5/-2
(Subject to corresponding amendment in Court Fee Act)
(3) Inspection of an ordinary application shall be allowed on the
day following the day on which the application is made or on
subsequent working day mentioned in the order. However
urgent application can be allowed on the same day or on the
working day following the day on which the application is
made.
(4) On presentation of such application, entries shall be made in
column no.1 to 11 of Register No.202

10. Application for inspection of more than one record or

register.-

There shall be separate application for inspection of each record or

register. For the purposes of this rule, the record of an appellate
court and of the lower court or courts relating to same case shall be
treated as one record.

11. Inspection of records by legal practitioner's clerk –

Inspection of records by legal practitioner's clerk is not permitted.
However, a registered clerk may be permitted to make full copies in
pencil of any papers which are inspected by the legal practitioner.
Such clerk, however, shall withdraw from the inspection room as
soon as the copies are made within the time allowed.

12. Day and time for inspection of records –

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1
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
2
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Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
 Every order for inspection shall specify the day on which such
inspection may be made. Such inspection shall be allowed for one
day only between 2 PM to 4 PM or during morning hours from 8.30
AM to 10.30 AM.

13. Order for inspection –

Every order for the inspection of a record or paper shall be sent to
the inspection clerk and will entitle the person or persons named in
such order, but not any other person or persons, to inspect the
record or paper specified in the order on the date mentioned in the
order but on no other date. If no inspection is made on the date
fixed, the application shall be filed with the record and shall not
entitle the applicant to inspect on any other date:
Provided that if the inspection could not be made for reasons
not arising from the fault of the inspecting party, a fresh time will be
fixed for inspection on the same fee.

14. Duty of Record-keeper –

The Record-keeper of the Officer-in-charge of the record shall, on or
before the day mentioned in the order required by rule 12, deliver to
the inspection clerk the record or paper mentioned in the order, and
shall receive an acknowledgment from the inspection clerk.

15. Duty of inspection clerk –

The inspection clerk shall, on the day of the inspection and
immediately after the inspection has begun, make on the order, a
memorandum showing the date on which the order has been
complied with, and shall, on the same day, return it to the official
from whom he received every record or paper and every order.
Such official shall forthwith file every order which has been returned
to him and shall not again issue for inspection on an order so filed
any record or paper.
The inspection shall be made in the presence of the inspection
clerk, who before returning the file, shall examine the record and
satisfy himself that all papers in the records are as they were before
Inspection.

16. Inspection Register –

The inspection clerk shall keep an inspection register in the
prescribed Form (Register No.202). Entries shall be made after
inspection of record in relevant columns of Register No.202.

17. Use of pen, ink and electronic device during inspection

prohibited –

(1) No person inspecting a record shall be allowed to bring into

the room, in which the inspection is made, any pen, ink, or
electronic device.
(2) No persons inspecting the record shall be allowed to use any
pen, ink or electronic device.
(3) No person inspecting the record shall be allowed to make any
mark upon, or in any respect to mutilate, any record or paper
which is being inspected.
(4) No person inspecting the record shall be allowed to take
photograph of the record or scan of the record by any
electronic device.
However, he may, if he so desires, make full copies in pencil of
8

any paper that he is inspecting within the time allowed.

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 ORDER 3
PROCESSES
1. Contents of process or order-

(a) In every process or order issued or made by the Presiding

Officer of a Court, the name and designation issuing or making
it, together with the name of the district and of the Court, shall
be clearly and legibly set out or printed. Every officer signing
a process or order shall sign his name legibly and in full. The
practice of signing initials only or affixing stamp is strictly
forbidden.
(b) Every person for whom a process is issued shall be described
therein in such a manner as will correctly identify him. His full
and correct name, address, parentage and such further
description as will serve to identify him must be mentioned. In
case of service and execution of a process to be effected in
large towns and cities, the name of the street, ward number of
the Municipality, PIN Code and the number of the house, if
known, should be given.

Illustration

Name of the Court

Place/ District/ PIN Code
Name of Presiding Officer :
Designation of the Presiding Officer

Name of the Person to whom process issued :____________

Father‘s/ Mother‘s/ Husband‘s Name :____________
Phone/ email ID, if any :____________
Age :____________
Caste :____________
Address
House No. :____________
Ward No. :____________
Street/ Locality :____________
Village/ Town/ City :____________
Post Office :____________
PIN Code :____________
District :____________
State :____________

-------------- --------------------- --------------------------------

Signature in Full with Date
Name of the Presiding Officer
Designation,
or
By Order
Signature in Full with Date
Designation of Authorised Signatory
Where such description does not appear in the application of the
person moving the court to issue the process or in the record, the
orders of the court shall forthwith be taken by the issuing officer.
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2. Processes for service to foreign countries—

Legal process for execution in a foreign or common wealth

country shall be sent to Ministry of External Affairs/ Ministry of
Home Affairs, Government of India, as the case may be, through the
High Court.
Such process should be send as per the guidelines issued by
Government of India time to time (Appendix-A).

3. Directions for processes to be sent to foreign courts—

The following directions shall be carefully complied with when any

processes are to be issued for service in foreign countries (i.e. a State
or country outside India):—
(a) They shall be drawn up and printed on stout durable papers of
full scape size in English.
(b) Such legal process, shall not be signed by the Munsarim but by
the Presiding Officer of the court issuing them, and he shall
satisfy himself that the documents are correctly addressed and
properly sealed. This matter shall not be left to the parties and
the Munsarims.
(c) The names and addresses of the individuals upon whom a
process is to be served shall also be stated in the forwarding
letter accompanying the process.
(d) All documents not in English shall be accompanied by their
translation in English and in addition where the person upon
whom the service is desired is not a British subject, by a
translation into the language of the country concerned.
(e) In such cases the court shall fix the next date for hearing of the
matter, atleast seven months ahead so as to allow sufficient time
for execution and return of the process to India before the next
date of hearing of the matter. The returnable date to be
specified in the process shall in no case be less than six months,
after the date on which the processes are finally despatched to
the High Court. 10
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 ORDER 4

LEGAL AID TO PERSONS AT STATE EXPENSE

1. Legal Aid-

(1) Where the accused in a trial is not represented by a pleader,

the matter will be referred to the concerned Legal Aid Service
Authority for taking prompt decision to provide legal aid to
such accused at its level in accordance with the provisions of
Legal Service Authority Act, 1987 and Rules made there under
from time to time.
(2) Legal Aid shall also be provided to every person who is eligible
to receive free legal aid as per the provisions of the Legal
Service Authority Act, 1987 and Rules made there-under from
time to time.

2. Grant of copies and inspection free of charge under legal aid—

(1) The person who has been provided with legal aid or his counsel
shall be entitled to get copies of the following documents free of
costs:—
(i) (a) Copies of documents filed with the plaint if such person
is a defendant;
(b) Certified copies of pleading, statements, documents,
judgment, orders, etc., may also be supplied free of
cost on priority basis to the Legal Aid committees of
the Supreme Court, High Court or Districts Courts,
as the case may be, if any application is received in
this behalf.
(ii) If such person is a plaintiff, copies of documents, which are
the basis of written statement; and
(iii) The copies of other documents considered to be material
or relevant by the court.
(2) The person who has been provided with legal aid or his counsel,
shall be entitled to inspect record of the case free of charge in
accordance with the rules relating to the inspection of records.
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 ORDER 5

OATH AND AFFIRMATION

1. The oath shall be administered in the language of the Court -

The provisions of the Oaths Act, I960 (Central Act No. 44 of 1969)
shall be followed in administering oaths and affirmations. The forms
of oaths and affirmations given in the Schedule to said Act are
reproduced below:-

FORM NO. 1 (Witnesses)

I .................... S/D/o ...... do swear in the name of God/ solemnly affirm

that what I shall state shall be the truth, the whole truth and nothing but
the truth. ........

FORM NO. 3 (Interpreters)

I .................... S/D/o ...... do swear in the name of God/Solemnly affirm

that I will well and truly interpret and explain all questions put to and
evidence given by witnesses and translate correctly and accurately all
documents given to me for translation.

FORM NO. 4 (Affidavits)

I .................... S/D/o ...... do swear in the name of God/Solemnly affirm
that this is my name and signature (or mark) and that the contents of this
my affidavit are true.

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 ORDER 6

COPIES AND COPYING DEPARTMENT

1. Order necessary for copy –

(1) Except as may be otherwise directed by any law for the time
being in force or by any rule having the force of law, a copy
shall not be made of any record or part thereof save under an
order of the Court upon an application made as hereinafter
mentioned.
(2) In the case of official correspondence or reports an order for a
copy shall not be made, until permission has been obtained
from the highest authority concerned with such
correspondence or reports.
(3) Copy means -Photostat/scan/ computer generated copy of any
paper of the judicial record.

2. Application for Copy-

(1) Every application for a copy shall be on the prescribed Form

(F.103) and shall set forth:—
(a) the name and description of the applicant, and his
position (if any) in the case or proceeding, of which the
copy is asked for;
(b) the description of the document (which includes
judgment, decree, order, pleading, paper or exhibits) of
which a copy is required;
(c) the following particulars concerning the record from
which the copy is sought:—
(1) Number and year of case
(2) Name of Court
(3) Title of Case; and
(d) Date of disposal if the case has been disposed of and
the date of hearing, if the case is pending
(e) whether or not the application is urgent / immediate
(2) Such application can also be sent by post. In every such
application the applicant shall give his full address, and shall
state whether he will attend in person to receive the copy or
desires it to be sent by post. In the latter cases, the applicant
shall also send a duly stamped addressed envelope along-with
a duly stamped and addressed post card to enable him to be
informed of the extra charges to be paid on his application for
copy.
(3) If the extra charges, if any, are not paid within 15 days from
the date of issue of notice (F.104), the application for copy
shall be rejected and the addressed envelope shall be used for
informing the applicant of the order of rejection of his
application.

3. Procedure on order for copy –

As soon as an application for copy is received, necessary entries

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shall be made by the head copyist in the register of copies

(Register No.203); and the order with the application, if any, shall
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 be forwarded forthwith by the Officer-in-charge of the copying
department to the Officer-in- charge of the record, who shall without
delay send such order, application and the record to the head
copyist, and shall take from the head copyist, in a book in the
prescribed Form (Register No.203) to be kept for the purpose, a
receipt containing a note of the date and hour when such record was
delivered to him and the head copyist shall enter in his register of
copies the date and hour on which he received the aforesaid paper
on record.
As soon as a copy is made, the head copyist shall forthwith
return the record, together with the order and the application, to the
official from whom he received them, and such official shall
forthwith place such order and application in Part B of the record.
The head copyist shall at the end of each working day, deposit
all documents under copying in a locked box to be kept for that
purpose.

4. Date of delivery of a copy –

A definite date not ordinarily exceeding seven days ahead shall be

fixed for the delivery of the copy and intimated to the applicant. The
copy, as far as possible, shall be delivered on the date so fixed.
Status of application/ copy(ies) be published on the website of the
court concerned.

5. Preparation of Copies –

(1) The scale of charges for copies of any judgment, decree,

document, book register, map, plan, photograph or any other
paper shall be ascertained time to time by the concerned
District & Session Judge on actual basis. However, persons/
authorities mentioned in the Appendix-B are entitled to
copy(ies) at the cost of State.
(2) The charges shall be payable in cash or any other mode as
may be determined by the District & Sessions Judge.
(3) As soon as an application for a copy is made, the Head Copyist
shall register the same in a Register (Register No.203) and
send for the record. He shall then prepare an estimate of the
charges and ask the person applying for copy to pay the
charges accordingly.
(4) When copying charges are paid in cash, the Head Copyist shall
maintain separate cash book for copies (Register No.204) in
which he shall enter the cash deposited and issue a receipt to
the depositor (F.105). The document of which the copy is
required will then be sent to the person/ firm or company at
the Headquarters of the Court approved by the District Judge
for preparing copies with a responsible clerk working as a
copyist in the Copying Section together with the amount of
charges received in cash from the applicant. The copyist shall
get the copy prepared in his presence, pay the amount of
charges and obtain receipt thereof. Necessary entry of
payment of the charges will be made in the Cash Book on the
basis of that receipt.
(5) The copy will be certified to be the copy by the Head Copyist
and shall commence with a heading in the following form-
Certified copy of (description of documents copied) in (title of
14

case) suit/appeal No. (number) of (year) in the court of (name

of the court) at (place) decided/pending on (date). A certified
Page

copy shall bear the following endorsements:—

 (a) Number of the application in the register and the year;
(b) Date of presentation of the application;
(c) Number of pages;
(d) Amount of copying fee paid in copying stamp and/or in
cash;
(e) Name of the copier;
(f) Date fixed for issue of copy;
(g) Date on which copy was ready;
(h) Date of issue of notice to applicant (if issued)
(i) Date of delivery/posting.

(6) Computer generated certified copies to be issued by the court

concerned itself.-
(a) Wherever, it is feasible to generate copy(ies) by the
computer e.g. in case of statement of witnesses, orders,
judgments etc. the party desirous of obtaining copy(ies)
may submit application before Senior Munsarim/ Reader
of the Court concerned also in the same manner, as if, it
is being presented before Head Copyist of the Copying
Section.
(b) The Senior Munsarim/ Reader will place such application
before Presiding Officer for orders and where, the supply
of copy is ordered by the Presiding Officer, he will inform
applicant about total number of pages.
(c) The applicant, except where he is entitled for free of cost
copies, will submit copying stamp at the rate of Rs.1.5/-
per page3, for each additional copy Rs.1/- per page4. The
Reader/ Senior Munsarim will affix those stamps on each
page of the document looking to the availability/
suitability of the space and will make an endorsement of
it being true computer generated copy of the original and
will also make other endorsement as required in case of
supply of certified copy by the Copying Section. The
Presiding Officer will countersign it.
(d) At the end of each working day, Senior Munsarim/
Reader will transmit the applications received and
disposed of on that day to Head Copyist who will make
its entry in the regular register of copy.
(7) In case any difficulty arises in complying with an order for a
copy, the application and order together with an office report
shall be forthwith laid before the Presiding Officer for orders

6. Who can obtain copies in criminal proceeding -

(1) Parties to a criminal proceeding are entitled to obtain copies of

any record or any portion of the record of trial or enquiry
including such police papers as may be made use of as
evidence at the trial or enquiry and final reports submitted by
police under section 173 of the Code.
(2) Subject to the provisions of sub-rule (3) a stranger to a case,
may after final order, obtain copies of any order, proceeding or
paper on the record and may for sufficient reason shown to the
satisfaction of the Presiding Officer of the Court, obtain at any
time before final order, copies of any order, proceeding or
papers on the record.
15

3
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
4
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Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
 (3) As a general rule, copies of exhibits in a criminal proceeding
shall not be granted to persons who are strangers to it.
(4) Every application for a copy shall be presented to the Officer-
in-charge of the copying department for the Court or record-
room who is for the time being incharge of the record. Such
officer shall then and there enter in clear bold words and
figures on the left hand centre portion of each paper (obverse
side) the date of the application and the serial number. A
rubber stamp may be used for this purpose, the Official-in-
charge merely initialing the entry.
When the application is for a copy to which by any law
or by any rule having the force of law the applicant is entitled
and is in other respects in order; such officer shall make an
order for the copy to be granted; in every other case where
such officer is not the Presiding Officer of a Court, he shall lay
the application for orders before the Sessions Judge or the
senior-most Judicial Officer at the headquarter or the District
Magistrate or the officer specially appointed in this behalf by
the Sessions Judge or the District Magistrate, as the case may
be.
Except for special reasons, to be noted on the order
made upon the application, a copy shall not be granted;
(i) of official correspondence or reports
(ii) of a document which is itself a copy.
A copy of copy may also be granted for the purpose of
filing any claim before Motor Accident Claim Tribunal. A copy
of a copy may only be granted, if the original document is not
traceable, or is not accessible to the applicant for the purpose
of obtaining a copy. Each page of such copy shall bear, in red
ink, the remark that it is a copy of a copy.
(5) For the purpose of this rules, the in-charge of the copying
department shall be deemed to be :—
(a) for a Court of Sessions the Munsarim, or the Reader
where there is no Senior Munsarim,
(b) for any other Court of the Executive Magistrate at head
quarters or the District Magistrate's record-room, the
Officer- in- charge of the District Magistrate's record-
room, or such other person as the District Magistrate
may appoint, from time to time, by written order,
(c) for any other Court of Judicial Magistrate and Chief
Judicial Magistrate, the Presiding Officer.

7. Who can obtain copies in civil proceedings –

(1) Any party to a suit, appeal or proceeding may at any time

obtain, upon an application, an order for a copy or copies of
the record in such suit, appeal or proceeding, or of any decree,
order, judgment, pleading, paper, exhibit or document in such
record.
(2) A stranger to a suit, appeal, or other proceeding may, after
final decree or final order, obtain upon an application an order
for a copy or copies of any decree, order, judgment, pleading
paper or document in the record, other than an exhibit and
may, for sufficient reason shown to the satisfaction of the
judge obtain upon application at any time before final decree
or final order, an order from the Presiding Officer for a copy or
16

copies of any decree order, judgment, pleading, paper or other

document in record other than an exhibit.
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 (3) No order for a copy of an exhibit shall be made on the
application of stranger to the suit, appeal or proceeding in
which such exhibit was produced unless along with the
application is filed a properly authenticated consent in writing
of the person who produced such exhibit for granting of an
order for the copy.
(4) No copy shall be granted of a document which itself is a copy.
However, a copy of a copy may only be granted if the original
document is not traceable, or is not accessible to the applicant
for the purpose of obtaining a copy, each page of such copy
shall bear in red ink, the remarks that it is a copy of a copy.

8. Government and certain courts—

Notwithstanding anything contained in these rules, a Presiding Officer

may, upon application by or on behalf of the head of any department
of the Government of India or any High Court in India, any authority in
India, exercising jurisdiction similar to a High Court any court
subordinate to the Rajasthan High Court, any Principal Court in any
foreign country in his discretion order a copy or copies to be made and
delivered or any record; and such copy or copies may be made free of
charge (Appendix-B), unless they are required for the use of a
litigant other than the Government.

9. When copy cannot be supplied–

In case any difficulty arises in complying with an order for a copy,

the order and application, if any, shall be laid forthwith before the
Court for orders with a report by the head copyist. If a copy cannot
be given, the Court shall direct that the payment made, be returned.
If the order cannot be completed or complied with by reason of the
record being in the Appellate Court or in any other Court, it shall be
sent to the Court concerned for completion or compliance. In such
case, the applicant shall be furnished with such copies which may
have been prepared, and shall be informed by which Court the
remaining copies required will be supplied.

10. Correction of defective application –

(1) If an application for copy is found defective or does not contain

sufficient information to enable the record to be traced or the
copying fee filed is insufficient, information thereof shall be
published on the website of the concerned court and shall also
be pasted on the notice board, to remove the defect within ten
days.
(2) But, if, the postage stamps have not been so pre-paid, the
nature or extent of deficiency of information or copying
charges shall be recorded in red ink and pasted on the notice
board as well as on the website of the court. On the expiry of
ten days from the date of publication of such information, the
application shall, if the defect is not removed, be rejected for
default.

11. Application by prisoner-

An application for a copy by a prisoner may be made through the

17

Superintendent of the Jail or through para legal volunteer working in

such jail or through someone acting on the prisoner's behalf; in the
Page

latter case the Officer-in- charge of the copying department shall, if

 satisfied that the application is made on behalf of the prisoner, order
the copy to be made and sent to the jail, unless for good reasons
shown, he directs it to be made over to the person through whom
the application is made.

12. Copy of judgment to be sent to the Jail Superintendent –

On the conviction of any prisoner, a copy of the judgment should on

requisition be sent to the Superintendent of Jail to enable him to
determine whether the prisoner should be classed as 'Star' or
"Ordinary".

13. Counsel's Clerk may apply for copy—

An application for copy, duly signed by a Counsel, may be presented

by his registered clerk and the copy may be delivered to such clerk.

14. Disposal of a copy, when ready –

(1) When a copy is ready, and the applicant or his authorized

agent is present, the copy shall be given to him. If the
applicant or his authorized agent is not present, information
thereof shall be published on the website of the court. A copy
of such notice shall also be pasted on conspicuous part of the
court. If applicant appears within one month from the date of
such publication of notice, a copy shall be delivered to him.
(2) If the applicant does not appear within this period, copy shall
be destroyed under the order of the Presiding Officer, an entry
to that effect shall be made in the remarks column in the
register of copying applications (Register No.203).
Information shall also be published on the website of the court
as well as on the notice board.
(3) A register of applications for copies of record disposed of shall
be maintained in the prescribed form (Register No.203). All
copies issued and all applications disposed of without issue of
copies shall be entered in this register.

15. Priority of orders –

(1) Save as provided in these Rules, orders made on urgent

applications shall have priority over all orders made on
ordinary applications; orders on urgent application and
orders on ordinary applications shall have strict priority
amongst themselves according to the date and serial number
of each order.
(2) A copy for which an order has been made on an urgent
application shall be delivered, as a rule, not latter than the
working day next after the day on which the order was made.
(3) A copy for which an order has been made on an ordinary
application shall be delivered as a rule, not latter than a week
after the day on which the order was made.
18
Page
 ORDER 7

INSPECTION OF COURTS AND OFFICES

1. Inspection of Sub-ordinate Courts by District & Sessions Judges—

(1) Every District Judge shall inspect his Subordinate Courts and offices
and also his own office at least once a year. The inspection shall be
detailed and shall amongst other matters, be directed to the
following:-
(a) Proper maintenance of all important registers.
(b) Proper arrangements of records.
(c) Punctual submission of periodical statements and returns.
(d) Examination of records of pending old cases.
(e) Care taken in issue of processes to the accused.
(f) Undue retention of witnesses.
(g) Adequacy of examination of accused.
(h) Framing of charges.
(i) Delay in delivery of judgments.
(j) Quick disposal of cases.
(k) Compliance of the provisions of the Probation of Offenders
Act and Rules.
(l) Observance of rules and procedures.
(m) Due execution of sentences.
(n) Compliance of other matters assigned by the Sessions
Judge.
However, if court of any Judicial Magistrate has already
been inspected by the Chief Judicial Magistrate under
general or special directions of the Sessions Judge, before
inspection of Sessions Judge, in that case, inspection shall
confined to other matters than the aforesaid.
(2) In case of inspection of court of Additional Sessions Judge,
inspection shall be directed to the following only: -
(a) Proper maintenance of all important registers.
(b) Proper arrangements of records.
(c) Punctual submission of periodical statements and returns.
(d) Compliance of the provisions of the Probation of Offenders
Act and Rules.
Report of such inspection shall be sent to the High Court in the
format given in Appendix-C. The Court looks to the District Judges for
correct information about subordinate Judicial officers ‗ability‘ control over
judicial work, and control over their officers.

2. Inspection by Chief Judicial Magistrate—

(1) Chief Judicial Magistrate shall inspect the court of Judicial

Magistrate subordinate to him under general or special directions
of the District & Sessions Judge. The Inspection shall be detailed
and shall amongst other matters, be directed to the following:-
(a) Proper maintenance of all important registers.
(b) Proper arrangements of records.
(c) Punctual submission of periodical statements and returns.
(d) Examination of records of pending old cases.
(e) Care taken in issue of processes to the accused.
(f) Undue retention of witnesses.
(g) Adequacy of examination of accused.
(h) Framing of charges.
19

(i) Delay in delivery of judgments.

(j) Quick disposal of cases.
Page

(k) Compliance of the provisions of the Probation of Offenders

 Act and Rules.
(l) Observance of rules and procedures.
(m) Due execution of sentences and any other matters as
directed by the Sessions Judge.
The Chief Judicial Magistrate shall submit their notes of
inspection of the Court of Judicial Magistrate to the Sessions
Judge concerned who shall forward the same to the High Court
with his comments.
(2) In case of inspection of court of Additional Chief Judicial
Magistrate, inspection shall be directed to the following only: -
(a) Proper maintenance of all important registers.
(b) Proper arrangements of records.
(c) Punctual submission of periodical statements and returns.
(d) Compliance of the provisions of the Probation of Offenders
Act and Rules.

3. Inspection by Presiding Officers of their own offices –

Every Presiding Officer shall make thorough inspection of his office

once a year. Report of such inspection shall be sent to the District &
Sessions Judge by 15th February each year. The District & Sessions
Judge may pass such orders on these inspection notes as considered.
The Sessions Judge shall note in the annual administration report
whether all the Presiding Officers have inspected their respective
office(s) or not. Where an office has not been inspected, the name of
the officer who has failed to make the inspection should be reported to
the High Court along-with explanation of the concerned officer.

4. District & Sessions Judge's authorization to Chief Judicial

Magistrate or Officer-in-charge for inspection of different
Sections–

The District & Sessions Judge may authorize the Chief Judicial
Magistrate at the headquarters or the officer-in-charge of the different
sections to inspect the Nazarat, Record room, Copying Department,
etc., once a year so far as they relate to criminal side. The Chief
Judicial Magistrate posted at station other than the headquarter of the
District & Sessions Judge may likewise be authorised to inspect the
aforesaid section of that station. The Chief Judicial Magistrate or the
Officer-in-charge, as the case may be, shall forward the notes of
inspection prepared by him to the District & Sessions Judge who would
pass necessary orders thereon.

5. Inspection by the Reader or Senior Munsarim –

The Senior Munsarim or the Reader, as the case may be, of every Court
shall inspect half yearly the work of each member of the staff of section
and submit his inspection report to the Presiding Officer who shall pass
necessary orders thereon.

6. Inspection and compliance registers –

Every Court shall maintain an inspection and compliance register

(Register No.205). The Presiding Officer shall take particular care to
see that all the defects pointed out in the inspection report are noted in
the Register and they are promptly rectified. The compliance report
shall be noted in the Register.

7. Checking of compliance of previous inspection report –

It shall be the duty of the inspecting officer to check the inspection and
20

compliance register to find out if all the defects noticed during previous
inspection have been rectified and compliance noted therein.
Page
 ORDER 8

STATIONERY

Stationery

Stationery and other items of use shall be arranged by the Presiding

Officer within the budget limit at his disposal. Purchase shall be made
as per the provision of the RPPT as amended time to time.
A stock book of stationery & other articles shall also be
maintained in the prescribed form (Register No.206).

21
Page
 ORDER 9

CORRESPONDENCE
1. Classification of correspondence –

The departments, into which the correspondence of Courts should be

classified, are as follows:—
1. Establishment
2. Legal Practitioners
3. Processes
4. Bills, Budgets and Accounts
5. Building and furniture
6. Books, maps, forms and stationery
7. Inspection of Courts
8. Rules and Practice
9. Legal Aid and ADR
10. D.O. and Confidential letters
11. Electronic Devices
12. Miscellaneous
No change in this classification shall be made without the
sanction of the High Court:

2. Arrangement of files—

The correspondence under each head shall be arranged by files; each

file shall consist of all the letters received and issued in the courts of a
consecutive correspondence upon one subject. The letters in each file
shall be arranged in chronological order; the first letter received or
issued being at the bottom of the file, and the last letter received or
issued being at the top.

3. Monthly submission of the General Register to the Presiding

Officer—

The General Register of correspondence files, shall be put up at the

end of every month to the Presiding Officer in order that he may see
that unnecessary delay does not take place in any case.

4. Register of letters received –

Every letter received shall be docketed and entered in the register of

letters received in the prescribed Form (Register No.207). The
date of receipt of the letter and its register number shall be entered
on the docket in red ink.

5. Register of letters issued –

Every letter issued shall be fairly copied the original draft and the
fair copy shall be numbered with the annual serial number, one set
of such serial number running through all the Court correspondence
for the calendar year; the letter shall then be entered in the register
of letters issued in the prescribed Form (Register No.208) and the
draft letter shall be docketed, the date of issue and annual serial
number being entered on the docket.
22

Note - Docketing of a letter means entering of the letter in office

notes portion of the file.
Page
6. Marking of serial number of letter –

The serial number of the letter in its file shall also be marked in red
ink on the docket of each letter, i.e. the first letter received or
issued on a file shall be marked Serial Number 2 and so on.
When a letter is received or issued if it pertains to a previously
existing file, the file shall be got out, and the next consecutive serial
number of the series of that shall be assigned to the letter.

7. Office Notes –

Office notes relating to a correspondence shall be maintained in one

continuous series and filed together and shall not be interspersed
between letters.

8. Connected files –

If a letter refers to, or be connected with, another file under the

same or another head, that file shall be linked with the file to which
the letter pertains, the files being separately tied up, but connected
by a piece of tape. The linked files shall remain together until the file
containing the reference or connection has been finally disposed of,
when they shall be relegated to their proper places, a note being
made on each that it was linked with the other or receipt of the
letter.

9. Division of files into two classes –

Files shall be divided into two classes, namely :—

(i) Closed files, that is to say, files in which further correspondence
is not expected; and
(ii) Pending files, that is to say, files in which further
correspondence may be expected.

10. Correspondence press –

A separate press, divided into twelve or more compartments, shall

be reserved for closed files, and over each compartment, the head
to which it is appropriated, shall be noted. This Press shall be known
as the 'Correspondence Press'.

11. Closed files –

The closed files pertaining to each head shall be tied together

between stiff boards in separate annual bundles of convenient size,
and on the upper board shall be written, the head and the year, or
the portion of the year, to which the bundle relates.
No closed file should be out of its bundle, except when it is in actual
use.

12. Reopening of closed files.—

If correspondence relating to a closed file be re-opened, the file shall

be withdrawn from the correspondence press and, placed among
pending files, with which it shall be kept till the renewed
23

correspondence terminates. It shall then be returned to the

correspondence press and placed in the bundle for the year, on the
Page

portion of the year in which the renewed correspondence terminated.

 When a closed files thus withdrawn and returned, a note of the, date
of withdrawal at the time of file is withdrawn and reference to the
bundle in which the file has been placed at the time, the file is
returned, shall be made in column of remarks against the former entry
in the General Register of correspondence files and the files closed
(Register No.209). A slip of paper with a similar note recorded on it
shall be placed in the bundle from which the file was withdrawn.

13. Pending Files.—

Pending files shall be in two packets one of (a) files containing

references that have been answered or require no answer and the
other of (b) Files containing references that are unanswered.
As soon as a pending file is closed, the entries in the General
Register of correspondence files relating to it (Register No.209) shall
be completed and it shall be removed from the packet of pending files
and placed in its appropriate compartment in the correspondence
press.

14. File Index –

In the file index a few pages shall be allotted to each head of

correspondence; and to facilitate reference, the right hand margin of
the file index shall be so out and numbered as to show where the
entries under each head of correspondence are to be found.

15. General letters and circulars –

(a) General letters and circulars fall under three categories :—

(i) General letters and circulars containing general
instructions or orders, but only calling for information or
explanation in regard to particular matter (e.g.,
questions in Parliament or Legislative Assembly or
Remarks in Audit Inspection Report).
(ii) General letters and circulars containing general
instructions or orders, but of only Ephemeral Value, (e.g.
declaring a day as a special holiday, or saying that the
Registrar would be away during a certain period and D.O.
letters during this period should be addressed to the
Deputy Registrar, or asking that monthly establishment
bills for a certain month should be submitted before a
certain date).
(iii) General letters and circulars containing general
instruction or orders of permanent or lasting importance.

(b) The general letters and circulars falling under the first category
shall be treated as ordinary correspondence.
(c) The general letters and circulars falling under the second
categories shall be kept in one consolidated file without
reference to the subject, to which the letter or circular relates.
The file shall be styled Ephemeral circulars and general letters.
(d) The general letters or circulars falling under the third category
shall be entered in a register called the Register of General
Letters and Circulars (Register No.210). They shall be,
however, filed in separate file books as follows :-
1. General letters of the High Court (Civil).
24

2. General letters of the High Court (Criminal).

3. Circulars of the Government.
Page

4. Circulars of the Board of Revenue.

 5. Circulars of the Accountant-General.
6. Circulars of the Inspector-General of Registration and
Stamps.
7. Circulars of the Director General of Police.
8. Other Circulars.
To each file book shall be prefixed an index in which the
number, date and subject of each circular shall be entered at the
time the circular is filed. A reference to the entry in the Index shall
be noted in the Register of General Letters and Circulars.

16. Supply of copies of General Circulars and Letters –

The Sessions Judge or the District Magistrate, as the case may be,
shall supply or arrange to supply copies of general letters and
circular-letters to all the courts working under them in the District.
When any circular relates to the duties of any official or
specially affects the work of any official, an additional copy shall be
furnished to such official, who shall paste it into a file book, and
shall prefix to the file book an index containing the particulars
mentioned in Rule 11.

17. Correspondence originating in a circular –

If a circular gives rise to correspondence, the correspondence shall

be kept in a separate file, a note being made on the first letter in
the file that the circular referred to is passed into its appropriate
file book, and a note bearing reference to the
correspondence being recorded, on the circular itself.
An extra copy or extract copy of the circular, as the case
requires, may be placed on the correspondence file.

18. Return press for periodical returns –

A separate press, divided into as many compartments of varying

sizes as there are periodical returns; shall be reserved for such
return and over each compartment, the description of the return to
which it is appropriated, shall be noted. This press shall be known as
the 'Return Press'.
Correspondence relating to periodical returns shall like
correspondence connected with circulars, be kept in separate files,
and, when closed, shall be placed in the correspondence press, a
note bearing reference to the correspondence being recorded on the
particular return.

19. Yearly Planner-

In every office a yearly planner shall be maintained stating therein

lists of the returns and reports, their due dates, the office to which
they are to be sent as per Appendix-J. A copy thereof shall be kept
by Presiding Officer and every other Duty Holder.

20. Hand Book-

In every office, a hand book shall be maintained by every official,

which shall contain the list of registers and returns to be maintained
and other work to be undertaken by the official and procedure
25

thereof in brief.
Page
21. Adverse entry in the character roll—

Every entry in the character roll which may adversely affect the
promotion of the official concerned must be communicated to him.
Copies of the entries in such rolls will not be given.

22. Issue of commendatory parwanas or Certificates of good

character—

The practice of issuing commendatory Parwanas or separate

certificates of good character in the case of officials is strictly
prohibited. Subordinates may, however, be granted on their
retirement such special certificate of good work and conduct as may
deem fit.

23. Correspondence with High Court—

In all correspondence with the Registrar General of the High Court

following instructions shall be observed:—
(1) As a rule, the Registrar General shall be addressed by letter and
not by docket or endorsement.
(2) A list of the enclosures accompanying a letter shall be made at
the foot of it. Every judicial file shall be reckoned as a separate
enclosure.
(3) Where a demi-official letter is addressed to the Registrar
General, only one subject should be dealt within one letter, a
second subject should be made the subject of a second letter.

24. Correspondence relating to cases judicial or non judicial—

Correspondence relating to cases, judicial or non-judicial, shall be

dealt with according to the following rules :—
(1) Letters forming such correspondence shall be filed with the case
to which they relate;
(2) To indicate that the Presiding Officer considers no further action
necessary in respect of any correspondence, he shall write the
word 'File', with his initial on the last letter. The Munsarim or the
Reader of the Court concerned, as the case may be, must then,
after examining the previous papers, mark the last letter
"concluded and filed" before the correspondence is considered
with the case to record room.
(3) Every letter received should bear an order recorded on it by the
Presiding Officer, or the word "seen" with initials, as an
indication that he has seen it.
Judicial officer in corresponding with the High Court shall
address their communications through the District Judge to the
Registrar General with the exception of notices and summonses
issued by the High Court and served by Subordinate Courts,
acknowledgment of records, and all correspondence relating to
the case work of the High Court which shall be addressed to the
Deputy Registrar (Judicial) directly.

25. Confidential letter—

Confidential covers shall be addressed by name to the person who

should open them. When a cover is so addressed, it should be opened
26

only by the person whose name it bears (or, in his absence by a

responsible officer to be specified by him).
Page
26. Weeding of Correspondence—

(1) The papers of closed, files in the office of the District Court and
the Courts subordinate to it shall be weeded as follows:—
Reminders and office memoranda which are unnecessary for the
understanding of the file and are not likely to serve any
immediate separate purpose, shall be destroyed when the file is
closed.
(2) Correspondence on or relating to the following subjects shall be
retained for a period of one year from 1st January of the year
succeeding that in which the file is closed—
(i) Medical examination of ministerial officers.
(ii) Leave, transfer and certificate of transfer of charge of
ministerial officers (These are to be retained for one year after
entry in the service book).
(iii) Verification of securities of public accountants and officials
(These are to be retained for one year after the next
verification).
(iv) Contingent bills.
(v) Change of office hours.
(3) The following correspondence or correspondence on or relating
to the following subject shall be retained for a period of two
years from 1st January of the year succeeding that in which the
file is closed :—
(i) Explanation of delay and letters calling for them.
(ii) Covering dockets and letters on mere matters of routine such
as those returning enclosures, etc., including those sent to and
received from the High Court concerning the grant of certificates
to Legal practitioners under Act XVIII of 1879.
(iii) Explanation called for by the High court on quarterly and
annual statements.
(iv) Periodical returns and reports.
(v) Service and execution of processes of other courts.
(vi) Questions of practice and procedure, which have been
subsequently settled by published rules of the High Court.
(vii) Assessors.
(viii) Impounding of documents and also relating to fines and
penalties.
(ix) Printing and adjustment of charges.
(x) Accountant General's objections on the establishment return.
(xi) Transmission of records.
(xii) Entertainment of temporary extra copyists and weeders on
temporary record-room establishment.
(xiii) Civil and Criminal annual reports.
(xiv) The preparation of list of legal practitioners willing to
execute commissions.
(xv) The judicial calendar and holidays not specified therein.
(xvi) The supply of repayment order books.
(xvii) Process serving establishment.
(xviii)Correction of deposit accounts and lapsed deposit
accounts.
(xix) Cases transferred by order of the High Court.
(xx) Reconciling of discrepancies in sale commission free return.
(xxi) Plus and minus memorandum of civil court deposits and
objection of Accountant General regarding deposit accounts.
(xxii) Appointment of, retirement of, or grant of pensions to,
27

officials who are dead.

This rule refers only to correspondence and not to
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periodical returns or reports themselves.

(4) The following correspondence or correspondence on or relating
to the following subjects shall be retained for a period of three
years from 1st January of the year succeeding that in which the
file is closed:—
(i) Appointment.— In the case of temporary establishment. (The
period of retention of the correspondence relating to
appointment in the case of permanent establishment is thirty
five years). Care shall be taken to return all original testimonials
to the applicant.
(ii) Transfer, posting, charge, leave, drawing fresh increment of
pay and last pay certificates of gazetted officers.
(iii) Gratuities to ministerial officers (but the sanctioning order
should be retained for twenty five years from the date of
retirement of the pensioner or for three years from the date of
his death whichever is earlier).
(iv) Verification of services of ministerial officers.
(5) The following correspondence or correspondence on or relating
to the following subjects shall be retained for period of five years
from 1st January of the year succeeding that in which the files is
closed:—
(i) The distribution of territorial jurisdiction of Civil Courts.
(ii) Budgets.
(iii) Applications for additional grants.
(iv) Powers of officers.
(v)The annual vacation and arrangement of work during the
vacation.
(vi) Payment of rent of buildings secured for court houses.
(vii) Travelling allowance bill books.
(6) The correspondence on or relating to salary bills of gazetted
officers should be retained for six years from 1st January of the
year succeeding that is which the file is closed.
(7) The following papers shall be retained for ten years, computed
for 1st January of the year succeeding that in which the
correspondence relating to them was weeded:—
(i) Estimate of Budgets.
(ii) Annual reports (Civil and Criminal) and returns.
(iii) Inspection notes, the High Court's order thereof on, and
correspondence relating thereto.
(8) Correspondence on the following subjects shall be retained until
the Presiding Officer orders their destructions:—
(i) Correspondence relating to pensions.
(ii) Complaints against officials and correspondence relating
thereto, if containing papers likely to be required by the
Accountant General when application is made for pension or
gratuity.
(iii) Correspondence relating to books, maps, furniture and
repairs of Court Houses.
(iv) The Presiding Officer shall ordinarily order the destruction of
records (i) and (ii) when there remains no possibility of the
papers being required to answer a reference of the Accountant
General. Ordinarily, in the case of (i) the sanctioning order shall
be retained for twenty five years from the date of retirement of
the pensioner or for three years from the date of his death
whichever is earlier and the other correspondence should be
destroyed after three years. The correspondence relating to (ii)
shall ordinarily be destroyed after the official has died or retired
28

or has been removed.

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 (v) Such correspondence shall be laid before the Presiding
Officer every year and he shall in the case of each file pass one
of the following orders to be recorded on the first sheet:—
(a) that it be at once destroyed ;
(b) that it be retained for a period of one, five or ten years
from 1st January or the next year ;
(c) that it be kept permanently ;
(d) that it be retained until further order be passed.
If the order described in (b) or (c) be passed, the file shall
be placed with the files which are governed by a paragraphs (2),
(4), (5), (7) above, as the case may be.
(9) Correspondence on or relating to the following subjects, and any
other correspondence which the Presiding Officer, shall in any
particular cases so direct be retained permanently, namely:—
(i) Assessment of taxes or rates on civil court buildings.
(ii) Suits to which Government is party.
(iii) Revision of establishment.
(iv) Creation and abolition of courts.
(v) Acquisition of land or other property by Government:
Provided that the District Judge may from time to time
direct the destruction, after ten years, of any such file or part of
such file the preservation of which is, in his opinion,
unnecessary.
(10) The service books of officials (Register No.211) shall not be
returned to the Government servant on retirement, resignation,
discharge, termination, death or removal etc. from Government
service or to their legal representatives. They shall be laid before
the District Judge for orders after 3 years of the retirement,
resignation, discharge, termination, removal or death of the
employee and then shall either be destroyed or retained for a
further period as directed. The duplicate service book may be
supplied to a Government Servant on payment of Rs. 100/- only.
Character Rolls (Register No.212) are the property of
Government and, on the retirement or dismissal etc. of an
official should be kept in the office where he was last employed
subject to their being laid before the District Judge after 3 years
for orders as to whether they should be retained or destroyed.
(11) In the month of May each year, the head clerk or such other
officer as may be appointed by the District Judge in that behalf,
shall examine the files affected by the preceding paragraphs,
and having selected the papers to be destroyed, shall lay them
before the Munsarim. When the Munsarim has satisfied himself
that the papers are liable to destruction, he shall after obtaining
the orders of the Judge, cause them to be sold as waste paper in
accordance with the instructions given in Rule 178, unless if he
considers that any of them should be retained for a longer
period, he shall submit such papers with a memorandum of the
ground of his opinion for the orders of the District Judge. Notes
and orders shall be treated as confidential papers.
29
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 ORDER 10

REGISTERS, RETURNS AND REPORTS

1. Memorandum books for Courts—

(1) A memorandum book of dates for cases (Register No.213),

shall be maintained in all Civil Courts.
(2) The entries in this book for each day for different kinds of cases
e.g. original suits, appeals, execution cases, miscellaneous
cases, shall be grouped separately.
(3) Such books shall be opened for inspection to counsels, registered
clerk of counsels, and the parties between hours to be fixed by
the Presiding Officer.

2. Diary for contested cases—

Presiding Officers shall keep a diary in their own handwriting in any

form convenient to them in which they shall note for their use the date
fixed in all contested cases with, where possible, a rough estimate of
the time likely to be occupied.

3. Register of casual leave—

Every authority which grants casual leave shall cause a register of

such leave to be maintained for (1) gazetted officers, (2) ministerial
officials, and (3) non-ministerial staff in the prescribed form
(Register No.214). The entries in the register shall be made and
initialled by the Presiding Officer forthwith as soon as casual leave is
granted. This register shall be regularly examined by inspecting
officers.

4. Duty of filling up registers and inspecting of registers—

The Court official appointed for the purposes by the Presiding Officer of
each Court shall daily enter the particulars of the cases in the proper
registers and, at least once a month in the first week shall lay these
registers before the Presiding Officer, who will inspect and sign his
name and put the date under the entries of the previous month
(District Judges and Civil Judges should also inspect and sign the other
registers maintained in their courts).

5. Return of Property of Judicial Officer—

(1) Every judicial officer who has been appointed in the preceding
calendar year shall submit to the High Court on or before 20 th
January of succeeding year of their appointment, a return
(Return No.11) of his assets and liabilities giving the full
particulars regarding
(a) the immovable property owned by him, or inherited or
acquired by him or held by him on lease 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;
(b) shares, debentures, postal Cumulative Time Deposits and
cash including bank deposits inherited by him or similarly
30

owned, acquired or held by him;

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 (c) other movable property inherited by him or similarly
owned, acquired or held by him; and
(d) debts and other liabilities incurred by him directly or
indirectly
NOTE- In all returns, the values of items of movable property
worth less than Rs.15,000/- in value may be added and shown
as a lump sum. The value of articles of daily use such as clothes,
utensils, crockery and books need not be included in such return
(2) Every judicial officer shall submit an annual Return to the High
Court on or before 20th January of each year, giving full
particulars regarding the immovable property inherited by him or
owned or acquired by him or held by him on lease 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 (Return No.12).
(3) No Judicial Officer shall, except with the previous knowledge of
the High Court,—
(a) acquire any immovable property by lease, mortgage,
purchase, gift or otherwise, either in his own name or in
the name of any member of his family; or
(b) dispose of by lease, mortgage, sale gift or otherwise any
immovable property owned by him or held by him either in
his own name or in the name of any member of his family:
Provided that the previous sanction of the High Court
shall be obtained if any such transaction is with a person
having official dealings with the Judicial Officer concerned.
(4) Every Judicial Officer shall intimate the Government in respect of
each transaction, whose value exceeds Rs.15,000/— within a
month of the completion of such transaction.
Provided that the previous sanction of the High Court shall
be obtained if any such transaction is with a person having
official dealings with the Judicial Officer concerned.
(5) The High Court or any authority empowered by it in this behalf
may, at any time, by general or special order, require a Judicial
Officer to furnish within a period specified in the order, a full and
complete statement of such movable or immovable property held
or acquired by him or on his behalf or by any member of his
family as may be specified in the order and such statement shall
if so required by the High Court or by the authority so
empowered, include details of the means by which, or the source
from which such property was acquired.
Explanation I.— For the purpose of this rule, the
expression movable property includes inter alia the following
property, namely :—
(a) jewellery, insurance policies the annual premia of which
exceeds a fifteen thousand rupees or one sixth of the total
annual emoluments received by the Judicial Officer,
whichever is less, shares, securities and debentures;
(b) loans advanced by or to such Judicial Officer, whether
secured or not;
(c) motor cars, motor cycles, horses, or any other means of
conveyance; and
(d) refrigerators, air conditioners, cell phone, television sets
and home theatre etc.
Explanation II.— For the purpose of this rule, ‗lease‘
means, except where it is obtained from, or granted to, a
foreign national or foreign mission or a foreign
31

organisation controlled by, or associated with, foreign

missions, or a person having official dealings with the
Page

Judicial Officer, a lease of immovable property from year

 to year or for any term exceeding one year or receiving a
yearly rent.
(6) No judicial officer shall except with the previous sanction of the
High Court—
(a) acquire by lease, mortgage, purchase, gift or otherwise,
either in his own name or in the name of any member of
his family, any immovable property situated outside India;
or
(b) dispose of by mortgage, sale, gift or otherwise, or grant
any lease in respect of, any immovable property situated
outside India which was acquired or is held by him either
in his own name or in the name of any member of his
family; or
(c) enter into any transaction with any foreigner, foreign
Government, foreign organisation or concern,—
(i) for the acquisition, by lease, mortgage, purchase,
gift or otherwise, either in his own name or in the name of
any member of his family, or any immovable property.
(ii) for the disposal of, by mortgage, sale, gift or
otherwise, or the grant of any lease in respect of any,
immovable property which was acquired or is held by him
either in his own name or in the name of any member of
his family.

6. Vindication of acts and character of members of the Service:—

No Judicial Officer shall, except with the previous sanction of the

High Court have recourse to any court or to the press for the
vindication of official act which has been the subject matter of adverse
criticism or attack of a defamatory character.
Provided that if no such sanction is conveyed to by the High
Court within 12 weeks from the date of receipt of the request, the
Judicial Officer shall be free to assume that the sanction sought for has
been granted to him.
Explanation.—Nothing in this rule shall be deemed to prohibit a
Judicial Officer from vindicating his private character or any act done
by him in his private capacity.

Provided that he shall submit a report to the High Court regarding such
action.
32
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 ORDER 11

PETITION WRITERS
1. Persons who cannot be petition writers.—

No official of any Court and no person employed in any institution

connected with the Court whether as Clerks, Copyist or Peon or in any
other capacity shall write petitions.

2. Persons who can write petitions.—

No person shall for remuneration of any kind write petitions for

presentation in any Court unless he—
(a) holds a licence issued by the District Judge ; or
(b) is a legal practitioner; or
(c) is a clerk to a legal practitioner and writes the petition in the course
of such employment in respect of the cases in which the legal
practitioner is engaged provided the petition is signed by the latter.

3. Number of petition writers to be fixed by the District Judge in his

Judgeship.—

The number of petition writers licensed to practise at any place in the

District shall be determined time to time by the District Judge concerned.

4. Who can grant a license to practice.—

A license to practice shall be given only by the District Judge.

5. Grant of a license and fee therefore.—

A person wishing to practice as a petition writer within the precincts of

the Courts must present a petition bearing a proper court-fee stamp to
the District Judge.
Every petition writer licensed under these rules shall pay a fee of
Rs. 50/-5 per year payable in advance. The license, if granted, shall be in
the prescribed Form (F.106).

6. Qualifications for a license.—

License shall not be given unless the applicant shows:—

(a) that he/she is of respectable character;
(b) that he/she has a good knowledge of Hindi and English and can
draw up a clear, straight forward petition or memorandum of
appeal in Hindi;
(c) that he/ she has a basic knowledge of computer.

7. A person who is a member of a local body shall not practice as a petition

writer in any court within the jurisdiction of such local body is situated.

8. Scales of charges for writing petitions.—

The District Judge in consultation with the two senior most Judicial
Officers at his headquarters shall fix scales of charges for typing and
printing petitions, plaints and memoranda of appeals, which shall also be
applicable in the case of petition writers practicing in the outlying Courts
of the District.
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 A copy of the scale of charges fixed shall be sent by the District
Judge to the High Court for information.
No petition-writer shall ask for or accept a fee in excess of the
sanctioned scale.
A table in Hindi of the prescribed scale of charges shall be painted
on the conspicuous wall of the court and a copy shall also be hung-up by
the petition writer always in public view at the place where he sits.
The petition-writer shall always endorse the amount actually
received by him below his signature on the petition typed and printed by
him and shall also issue a receipt thereof.
If any petition-writer asks or accepts a fee in excess of the
sanctioned scale either for himself or for any other person connected with
the court, the District Judge on complaint being made to him may, in his
discretion withdraw his licence and may also order the return of the
amount received in excess in addition to taking any legal step that the
nature of the case may require.

9. Formalities to be complied with by a petition writer.—

Every petition-writer shall print a brief note of the contents of the petition
as a head note to the same, quoting specially the law, section or rule
under which the petition is made. He must record precisely what he is
asked to print in plain and simple language such as the petitioner can
understand and refrain from introducing additional irrelevant, imaginary
or fabricated matter of his own conception. He shall record at the foot of
every petition typed or printed by him other than a petition of a merely
formal character, a declaration under his signature that to the best of his
knowledge and belief, the petition expressed the true meaning of the
petitioner to whom the contents thereof have been fully explained.

10. Amending or redrafting of a petition.—

Every petition-writer shall comply with the order of a court as to the

amending or the redrafting of a petition or other drawn up by him.

11. A petition-writer to keep an official seal and a register of

petitions.—

Every petition-writer shall at his own expense provide himself with an

official seal to be made under the direction of the court which has granted
him the license, on which shall be emboss his name and the year in which
was licensed. He shall also keep up a register in the prescribed form
(Register No.215) and shall enter therein every petition printed by him
shall produce the register for the inspection of any court demanding it.

12. Every petition to be signed and sealed by the petition-writer.—

Every petition-writer shall sign and seal with his official seal every petition
printed by him and shall enter in it, the number which it bears in his
register and the fee which has been charged.

13. The Nazir to maintain a register of licensed petition-writer and to

disallow unregistered petition-writers to write petitions—

A register in the prescribed form (Register No.216) of licensed petition

writer shall be maintained by the Nazir and shall be his duty to see that
the precincts of the Court are kept free of all unregistered writers and
that no one writes petitions for remuneration within the court compound.
34
Page
14. Yearly production of licence for the inspection of the Court—
Every petition-writer shall in the month of August each year produce his
licence for the inspection of the court which granted it. A note of such
inspection shall be endorsed on the licence under the signatures of the
Presiding Officer.
15. Grounds for revoking a Licence—
(1) A licence issued under these rules may be revoked by the District
Judge on any of the following grounds :—
(a) that the petition-writer has not attended the court regularly,
(b) that the petition-writer has become legal practitioners clerk,
or has taken up some other employment,
(c) that the petition-writer has failed to produce his licence for
the annual inspection of the court as require by rule 479,
(d) that the petition-writer has not paid his annual fee,
(e) that the petition-writer has been found guilty of abetment of
or participation in any illegal transaction or unfair dealings,
(f) that the petition-writer has been found guilty of disobedience
of a lawful order or non compliance of these rule,
(g) or for any other good cause to be recorded.
(2) No appeal shall lie from any order passed by a court under sub-rule
(1), but the High Court may in its discretion revise any such order
and in place thereof pass such order as it thinks fit.

16. A petition writer not to enter any room in a court—

No petition writer shall without the permission of the Presiding Officer,

enter any room in court in the precinct, where he is entitled to practice.

17. Penalty for practicing as a petition writer without a license—

Any person who practices as a petition writer without obtaining a license

under these rules, or while the license is suspended, every petition writer
who practices as such without getting his license renewed, shall be liable
to a penalty of Rs.500/-6

18. Imposition of penalty—

(1) The penalty prescribed by rule 482 may be imposed by the court
authorized to grant the license but no penalty shall be inflicted
unless the person charged has had an opportunity of defending
himself.
(2) No appeal shall lie, from any order passed by the District Judge, but
the High court may, in its discretion revise any such order and in its
place pass such order as it thinks fit.

19. Grant of leave of absence to a petition writer—

Senior most judicial officer at any place may grant leave of absence for
any period to a petition writer of his Court and may grant not exceeding
for more than one month a temporary license to any competent person of
good character to act as petition writer during such absence or for such
period thereof as he may deem necessary.
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 ORDER 12

LIBRARY
1. General Registers of books and periodicals—
(1) Term –
Book includes eBook,
Periodicals includes e-Journals; and
Catalogue includes e-catalogue.
(2) All Books and periodicals in the library shall be entered in the
General Register of Books & Periodicals (Register No.217) and
also in the Classified Catalogue (Register No.218).
(3) Periodicals (e.g. Government Gazette or All India Reporter)
which are eventually bound in volumes of a form different from
that in which they are first received shall in the first instance be
entered in the Register (Register No.217). They shall be taken
over in the General Register of Books and the Classified
Catalogue (Register No.218) when they are bound in the
proper form.

2. Classification and arrangement of books—

Books shall be classified in the catalogue and arranged in the library,

in the manner following:—
I. Collection of Acts, Ordinances and Regulations :—
(i) Central.
(ii) Rajasthan.
(iii) Other States.
II. Special Acts, when printed separately
III. Commentaries on Acts.
IV. Law Treaties.
V. Departmental Codes, Guides, Manuals and Circulars-
(i) Judicial.
(ii) Revenue.
(iii) Finance and Accounts.
(iv) Miscellaneous.
VI. Law Reports. - There shall be a separate sub-head for each
separate series of law reports, e.g. A.I.R., I.C., I.L.R.
(Allahabad), I.L.R. (Bombay), etc.
VII. Digests. - There shall be a separate sub-head for each separate
series of digests.
VIII. Periodicals including e-Journals.
IX. Administration Reports—
(i) India.
(ii) Rajasthan.
(iii) Other States.
(iv)Miscellaneous Departments.
X. Dictionaries, Glossaries, Lists and Directories.
XI. Miscellaneous.

3. Room for Library—

(1) The books composing the Library of each Court shall, if

practicable, be collected together in a separate room assigned
for the purpose.
36
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 (2) Where there are more than one court at the headquarter, such
library shall be centralized library under the supervision of senior
most judicial officer posted at headquarter.

4. Librarian and his duties—

In each court and in centralized library, an official to be

nominated by the District Judge, shall be specially placed in charge of
the such Library as Librarian.
It shall be the duty of the Librarian—
(1) to stamp the seal of the Court on the title page, the tenth page
and the last page of print of each book;
(2) to affix on the first page below the cover and on the lower
portion of the back of every book received for deposit in the
library a stamp or label in the following form :
GOVERNMENT PROPERTY
Gen. No.
Class
Sec. No.
Court of the .................................................
at..........................................................
(3) to check the catalogue at the commencement of each year;
(4) as soon after 1st January as possible, the result of the check and
certificate as to the condition of the books in the Library;
(5) to issue books from the Library in accordance with the rule
following, and to see that no books are issued otherwise; and
(6) to report the loss of any book from the Library as soon as
discovered.

5. Receipt for books taken out—

When any Presiding Officer requires a book from the Library, he shall
send a receipt for it on a slip of paper, which shall be returned to him
when the book is returned to the Library.
The Librarian shall enter in a book (Register No.219) to be kept for
that purpose—
(1) the name and number of each book removed from the Library on
that day and not returned before the close of the day;
(2) the date when it was removed ;
(3) the name of the person who received it; and
(4) the date when such book is returned to the library.
Every reasonable facility is to be afforded to Government
Counsel to consult the law books in the court's Library.

6. Check of Books—

The Librarian will submit to the Presiding Officer a quarterly list in

January, April, July & October showing the books which have been out
of the Library for more than one month who will then take necessary
steps to secure the return of the books unless there is good reason for
their retention by the borrower.

7. Loss of Books—
When the loss of any book is reported, the District Judge, will from the
charge certificates of the clerks concerned during the year and after
37

making necessary inquiries, decide whether the cost of the missing

books should be recovered from them or from other persons
Page

responsible:
 Provided that the person responsible for the loss of the book
may replace the book in lieu of payment of its costs.

8. Gazette—

Gazette shall be regularly filed and carefully bound in to annual

volumes.

9. Books etc. not to be weeded—

The following books and publications shall not be weeded without

reference to the High Court:—
(1) Collection of Acts, Ordinance and Regulations;
(2) Commentaries on Acts;
(3) Law Treatises;
(4) Latest editions of the manual of Government orders, Books,
Circulars of the Board of Revenue, Service Rules, Treasury
Manual, Financial Hand Books, Civil Account Code, Standing
Orders of the Accountant General and of the directions and
Manuals (including circulars) of the various departments : also
single copies of superseded editions of the above;
(5) Law Reports;
(6) Digests;
(7) Government Gazettes;
(8) However, District Judges may weed out the following
publications without reference to the High Court:—
(a) Duplicate copies of superseded editions of
publications mentioned in rule 389.
(b) Superseded editions of village directories, histories of
gazetted officers and civil and army lists.

10. Weeding of valuable books—

When it is proposed to weed duplicate copies of work of any value,

reference should be made to the High Court for information as to
whether the books are required elsewhere.
38
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 ORDER 13

DUTIES OF SR. MUNSARIM

1. Sr. Munsarim—

Sr. Munsarim, where he is appointed, shall be the Chief Ministerial

Officer of the Court.
Where a Sr. Munsarim is not appointed, the Reader shall be the
Chief Ministerial Officer of the Court and shall perform the duties
prescribed for the Sr. Munsarim by any rules or orders.
During the absence of Sr. Munsarim (or Reader) on leave or
otherwise, the Presiding Officer may appoint any official considering
the seniority and suitability of his court to perform the duties of Sr.
Munsarim.

2. Date of presentation to be noted on papers—

A Sr. Munsarim appointed to receive plaints or other papers under the

Code shall see that the actual date and time of presentation is entered
upon the plaint, memorandum of appeal, cross-objection or any other
paper filed and also upon the labels on such papers. Entries of such
papers shall be may in Case Information System.

3. Duties of Sr. Munsarim—

The duties of Sr. Munsarim includes :—

(1) the duties assigned by the Code to the Chief Ministerial Officer of
a Court;
(2) the duties for the performance of which he is appointed by the
Court under the provisions of the Code, or otherwise;
(3) if the Court appoints him to sign routine orders, summons and
notices which the Presiding Officer is not himself required to sign
under any law or order in force;
(4) to see that accounts and statements as are by any law or order
required to be exhibited and filed in due time and form and to
take the orders of the Court thereon;
(5) to keep up such books and registers and to perform such duties
as he is expressly required to do by any Rule or Order of the
High Court;
(6) to arrange for the preparation and due submission of periodical
returns and statements, to draft letters; and to carry out orders
contained in precepts of the High Court as to issue of notices and
transmission of records;
(7) under the orders of the Court, to assign to his subordinates, the
duties to be performed by each;
(8) generally to supervise the working of the office in all
departments; and
(9) to maintain a register of attendance of all the ministerial officials
under his control.

4. Delegation of duty—

No duty, the performance of which is specifically imposed by the

Legislature upon the court itself, shall be delegated to the Sr.
39

Munsarim or any other officer.

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 ORDER 14

SECURITY BY COURT OFFICIALS

1. Security to be taken from certain officials—

Every Nazir, Court's Process-Server, Amins, peon, or other Ministerial

official employed in a Court who by reasons of his office is entrusted
with the receipt, custody or control of moneys, securities for money or
other property, shall give security in the prescribed form (F.107) or
infidelity Bond issued by any recognized Insurance Company of such
an amount for the due discharge of the trust of his office and for the
due amount of all moneys, securities for money or other property
which shall come into his possession by reason of his office as shall be
equal to the maximum amount which he ordinarily has in his hands at
any one time. The District Judge, subject to the control of the High
Court shall use his discretion in calculating this amount and shall be
responsible for seeing that the sum left in the hands of any of his
subordinate is not more than the amount of the security taken from
such subordinate.
Security shall in no case be dispensed with except where
exemption may be made under special or general orders of
Government. Exemption cannot be sought on the ground that a person
is an apprentice, outsider or other temporary incumbent.

2. Nature of Security—

The rules hereinafter appearing are made for the guidance of District
Judges.
Attention must also be paid to secure that the proper forms of
securities or bonds are used.
Fixed deposit receipts of banks accepted as security must be
issued in the name of Government. In such case, a clause must also
be inserted in the depositor's security bond to the effect that
Government will held the fixed deposit receipt at the depositor‘s risk
and will not be liable to the depositor in the event of loss of the
security, due to failure of the bank or any other cause, and that if the
security is lost, the loss will fall on the depositor who must furnish
fresh security forthwith.

3. Officiating incumbents of above posts—

A leave vacancy of any official mentioned in rule 1 shall as far as

possible, be filled up by an official who has already furnished security
in his former office or a reserve of men who have furnished securities
for these appointments. The District Judge shall arrange to maintain
list of such officials and their securities must be scrutinized annually.

4. Verification of security—

The value and adequacy of a security shall be verified as soon as it is

furnished. If the verification is likely to take time and appointment or
promotion cannot be delayed, a personal bond with sureties, shall be
obtained, but the same shall be discharged when the original security
has been finally verified.
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5. Custody of Security Bond—

All security bonds and all securities shall be kept in safe custody in
accordance with the provisions contained in the General Financial and
Account Rules.

6. Register of Securities—

District Judges shall keep up Register of Securities (Register No.220)

which shall be kept with the bonds in the Treasury of the headquarters
of the District Judge and shall note in general terms without details in
their annual report on the administration of Civil Justice that this has
been done. District Judge will be held personally responsible if loss is
suffered in consequence of the neglect of these orders. The register
should contain full particulars as to the pecuniary responsibility of the
public accountant and his sureties and the nature and value of the
security offered.

7. Retention of Security—

In order to safeguard against cases in which discovery may be made,

after the official has vacated his office, of defalcations made prior to
such vacation of office, the security deposited by him shall be retained
by the District Judge for 6 months after the official has vacated his
office.

8. Annual inquiry into sufficiency of security—

In the first week of each calendar year, the Presiding Officer of each
court shall inquire into the sufficiency of security given by each public
accountant in his office, and where it appears inadequate from any
cause, will require fresh or additional security to be given.
A mortgage security may be considered sufficient if it is a first
mortgage of immovable property situate in India:
Provided that the property be not a lease hold for a term of
years, and that the value of the property exceeds by one-third the
amount secured.
When there has been no mutation of ownership or sensible
depreciation of the property pledged, it will be unnecessary to renew
the security bond. A note of the result of the verification should be
made in the register.
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 ORDER 15
COURT ACCOUNTS
1. Accounts with the Treasury—

Accounts with the treasury shall be maintained as per the GF&AR as

amended time to time.

2. A number of Courts may have a single account with the

Treasury under the orders of the High Courts—

(1) The High Court may order with respect to any courts located at
the same station, that they shall have a single account with the
Treasury.
(2) When an order has been made under sub-rule (1) the senior
most Presiding Officer of the highest court shall keep and render
the accounts of all the courts to which order refers :
Provided that (Subject to any instruction of the District Judge)
the senior most Presiding Officer of the highest court may place
the Presiding Officer of any other court In-charge of accounts
without relieving himself of the responsibilities for the due
accounting of all receipts and payments.

3. Appointment of a Receiving officer—

(1) Every court or where two or more courts have a single account
with the Treasury, every such group of courts, shall have an
official entrusted with the receipt of money deposited in the
Court.
(2) Such official shall be called as the Receiving Officer and shall be
appointed by the Presiding Officers of the Court or where two or
more courts have single account with the Treasury, he shall be
appointed by the Presiding Officer of the highest court subject to
instructions if any, of the District Judge concerned.
(3) In a court where no official is appointed specifically to perform
the duties of the Receiving Officer or during the absence on
leave or otherwise of the person appointed as the Receiver
Officer, the Presiding Officer of the court or the senior most
Presiding Officer of the highest court as the case may be, shall
appoint any other official of his court to carry on the duties of
the Receiving Officer.

4. Head of account—

The following are the Head of Account under which the money received
and paid-under these Rules are classified:—
(1) Deposits;
(a) Court deposits, including;
(i) sums paid under decrees and orders;
(ii) Sums deposited under Order XX, Rule 14 and Order
XXIV, Rule 1 of the Civil Procedure Code and Section
83 of the Transfer of property Act;
(iii) Sums deposited under Order XXII, Rule 84 or paid
under Order XXI, Rule 85 of the Code;
(iv) Sums deposited under Section 379 (1) of the Indian
42

Succession Act;
(v) Sums deposited in lieu of security;
Page
 (vi)
Sums deposited under any law relating to the Land
Acquisition;
(b) petty cash deposits, Including deposits for;
(i) Travelling and other expenses of witnesses;
(ii) Subsistence money for judgment debtors;
(iii) Incidental charges of Commissions, Amins and
Arbitrators etc;
(iv) Commission fees;
(v) Postage and registration fees;
(vi) Cost of publication of proclamation and orders ;
(2) Other Administrative Services.
A. Administration of Justice.
(a) Services and Service fees;
(i) ........................................................................
(ii) Civil and Sessions & the judicial Court;
(b) Fines and forfeitures;
(i) ........................................................................
(ii) Civil and Sessions & other judicial Court;
(c) Other Receipts.

I. Sale proceeds of unclaimed and escheated property—

(i) ........................................................................
(ii) Civil and Sessions & other judicial Courts.

II. Legal Aid to the poor.

III. Recoveries of over payment.

(i) .......................................................................
(ii) Civil and Sessions and other judicial Courts.

IV. Other Receipts.

(i) ........................................................................
(ii) Civil and Sessions & other judicial Courts.

(d) Stamp duties & penalties.

Note: — Sub-Heads (a), (b) & (c) have been classified in the
state Account under the major Head "065 Other Administrative
Services‖ and sub-Head (d) under the major Head "0.30 Stamps
& Registration fees‖. These major Heads and sub-Heads will
automatically be deemed to have changed whenever they are
changed in the Budget.
(3) Departmental cash including :—
(i) Salary of establishment.
(ii) Travelling allowance.
(iii) Contingencies.

5. Use of International forms of Indian numerals—

In the maintenance and preparation of accounts and in the submission

of statements relating to accounts international form of Indian
numerals shall be used.

6. Time for receipt of deposits—

(1) Cash payable into court may be received from opening of the
court until a time which shall unless otherwise provided, be one
hour in advance of the time fixed for the closing to the public of
43

the Treasury and the account for the day shall then be made up.
Page
 (2) District Judge, having regard to local circumstances may
prescribe the hours during which money may be received in any
court within his jurisdiction.
(3) But, cash payable under Head of Account (1) (a) of Rule 4 must
be received when the court is situated over 8 Km. away from the
nearest Treasury.

7. Deposits in cash—

(1) Direct receipts of money which fall under Head of Account (1)
(a) of Rule 4 shall generally be avoided by court:
(2) Cash shall however, be received when tendered under Head of
Account (1) (a)of Rule 4 in the following cases:-
(a) When the court is over 8 km. away from the nearest
Treasury.
(b) When the money is payable into court under any of the
Section following namely, Section 55, Order XX, Rules 11
and 14, and Order XXI, Rules 84 & 85, Civil Procedure
Code of 1908 and Section 379 (1) of the Indian Succession
Act, 1925 and is tendered after the hour prescribed in Rule
6.
(c) When the proceeds of movable property, sold in execution
through the officer of a Court, under order XXI, Rule 77,
Civil Procedure Code, cannot be paid into the Treasury on
the day of sale.
(d) When the amount of the money tendered does not exceed
Rs. 500/-.
(e) Cash payable under this Head i.e. Head of Account under
Rule (1)(a) of Rule 4 must be received tendered even after
the closing of time for deposit of cash in the court.
(f) Such transaction shall be entered in the accounts bearing
date the next open day; but the receipts given to the
payer shall also show (as a denominator) the actual date
of payment, e. g. November 6/7.
(3) Such Repayments of money falling under Head of Account (1)
(a) shall be made through the Treasury.
(4) Payment under Head of Account (1) (b) of Rule 4 shall be
received in cash by the Receiving Officer of the court.

8. Registers—
The following registers shall be kept by the Receiving Officer of each
court:—
(1) Register of Receipts of Deposits/ Repayment/ Lapsed amount
(Register No.221);
(2) Register of Applications for Repayment order (Register No.222);
(3) Register of Revenue Receipts (Register No.223);
(4) Register of Money Order Received (Register No.224);
(5) Register of payments made by postal Money Order / Bank Draft
(Register No.225);
(6) Register of Tenders (Challan) (Register No.226);
(7) Cash Book (General) (Register No.227) *According to format as
provided in GF&AR from time to time;
(8) Register of Salary Bills (Register No.228);** use only Bill Transit
Register;
(9) Register of T. A. Bills (Register No.228);** use only Bill Transit
44

Register;
(10) Register of Invoices (Register No.228);** use only Bill Transit
Page

Register.
9. Erasures prohibited—

No erasures shall be allowed in any register, book or extract kept

under these rules; where an alteration is necessary, the original
figures shall be crossed out and the correct figures placed above them
in red ink and initialled by the Presiding Officer.

10. Mode of payment of money into court—

(1) Payment of money into court shall be made online through e-

grass portal of the Government of Rajasthan which electronically
generates the tender form in 5 copies in form (F.108).
7
Provided that payment of money into court may be made
directly through any online payment mode or portal.

(2) The depositor shall enter required information in the court

language or in English in tender form.
(3) The depositor shall hand over filled up tender to the Sr.
Munsarim/ Reader.
The Sr. Munsarim or the Reader of the court concerned, as
the case may be, shall then call upon the official-in-charge of the
record of the case for an office report as to whether the amount
and nature of the payment tendered and the number of the suit,
or proceeding, if any are correct, and whether the payment is
due from the person on whose account it is tendered. Any
necessary corrections shall be made and the Sr. Munsarim or the
Reader of the Court concerned, as the case may be, shall then
sign the tender and enter it in the register of challans prior to
the order for receipt of payment being passed.
(4) The order to receive payment shall be prepared in the office of
the Court and shall be enfaced upon the forms of the tender, and
shall run in the name of Receiving officer as prescribed in Rule 6.
(5) The order shall be signed by the Presiding Officer for all amounts
payable under Head of Account (1) (a) and (2) of Rule 4 and by
the Sr. Munsarim or the Reader of the court concerned, as the
case may be, for all amounts payable under Head of Account (1)
(b) of Rule 4.
(6) The tender form shall then be sent to the Receiving Officer who
shall prepare cash challan in Form No. G.A. 57 in Duplicate and
will hand it over to the party concerned for depositing the
amount in Treasury/ Bank.
(7) After depositing the amount in the Treasury, the party shall
submit one copy of the cash challan to the Receiving Officer
bearing bank endorsement of depositing of such amount.
(8) The Receiving Officer shall then make necessary entries in the
concerned Register and make endorsement of the challan No.
and date and amount on each of the forms of the tender.
(9) Thereafter, the Receiving Officer shall send the tender forms to
the Sr. Munsarim or the Reader of the Court concerned, as the
case may be. One form of tender shall be retained in custody by
the Munsarim or the Reader of the court concerned, as the case
may be, and then he shall return one copy of the tender to the
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7
Page

Inserted vide Notification No. 03/S.R.O./2020 dt. 02.09.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.18.09.2020
 depositor and the original copy shall be sent to the concerned
court for keeping it in the concerned case file.

11. Sr. Munsarim's responsibility to prevent unnecessary delay—

The Sr. Munsarim or the Reader of the Court concerned, as the case
may be, shall be responsible that no unnecessary delay occurs in
obtaining the office report and the order to receive payment and in
returning the duplicate form of tender the applicant and the original
form to the court concerned for placing it on the relevant case file.

12. Procedure on presentation of the tender forms—

On presentation of the three tender forms and on payment of money

to the Receiving Officer named in the court's order to receive payment,
the applicant shall receive as an acknowledgment, the duplicate form
of the tender duly signed.

13. Cash-Book and Register of petty Receipts—

(1) Every receipt of cash under these rule by the Receiving Officer
shall be forthwith entered by him, in the relevant Cash-Book.
Cash-Book shall be maintained in the format prescribed in the
GF&AR of the State Government as amended time to time.

14. Remittance of receipts to the Treasury—

(1) The sums entered in the Cash-Book shall as soon as possible,

after the time for receiving money under Rule (6) has expired,
be deposited within three days of receipt in the Treasury/ bank
through Cash Challan (G. A. 57) showing the several classes of
receipts in their appropriate columns.
(2) On receipt of the copies of the challan from the Treasury,
necessary entries regarding remittances shall be made in the
relevant cash books and on each of the form of tender.
(3) When there is no sub-treasury in the same town where the court
is situated, remittances of cash from such court to the Treasury/
Bank accompanied by the cash challan may be made twice a
week.
(4) When money is sent to a court by a money order or under cover
of a letter; the money order or letter, and the amount sent shall
be received by, the Sr. Munsarim or the Reader of the court
concerned, as the case may be, and shall be laid before the
Presiding Officer; and an acknowledgment under his signature
shall be given to the sender.
(5) If the money order or letter covers only a single sum for deposit,
it shall be filed as an original tender with the record of the case.
(6) If the money order or letter covers more sums than one for
deposit, the coupon or other shall be filed in a separate file, of
Tenders by letter.
(7) For each item a form of tender shall be generated through e-
grass portal and shall be prepared in the office.
(8) The procedure laid down hereinabove shall then be followed,
save that such sums shall in all cases be made payable to the
court's Receiving Officer.
(9) For the period courts are closed for vacation, Sr. Munsarim or
46

the Reader or the Official acting in his place, as the case may be,
shall receive all money orders, sign acknowledgments for the
Page
 same and do other acts, which under the aforesaid preceding
rules are ordinarily required to be done by Presiding Officer.
(10) The work done of the official mentioned above under this rules
shall be checked and reported to the District Judge within a week
by each Presiding Officer on the reopening of the courts after the
vacation.

15. Correspondence between Court and Treasury Accounts—

At the close of the day, the Sr. Munsarim or the Reader of the Court
concerned, as the case may be, shall take the Register of Tenders to
the Receiving Officer and shall compare the entries with the Treasury
receipted challans received from the Treasury and with the relevant
register of the Receiving Officer. When money has been deposited the
Receiving Officer shall certify such receipt in the register of Challans
(Tenders) (Register No.226) giving the serial number and date of
the Deposit Register. The Munsarim or the Reader of the court
concerned, as the case may be, shall then countersign the Receiving
Officer's Certificate at the foot of the original Tender, and relevant
Registers and case the Original Tender to be filed with the record to
which it relates.

Repayments

16. Repayment of Petty receipts—

(1) The repayments of petty receipts shall be made by the Receiving

Officer after obtaining a receipt on the relevant voucher.
(2) At the end of each quarter, the Receiving Officer of every court
shall ascertain what balance of moneys deposited has become
repayable during the preceding quarter. Such list (F.109) shall
be affixed to the notice board in a conspicuous part of the Court-
house.
(3) No repayment of any other sum shall be made except (1) upon
an application in the prescribed form (F.110) upon an office
report and the court's orders thereon, or (2)upon an office report
hearing such orders. Every such application shall be signed by
the person to whom the money is due and payable and his
signature shall be witnessed. No application except on the
prescribed form (F.110) shall be received by a court.
(4) Before the form of application for repayment is signed by the
person to whom the money is due and payable, columns 1 to 4
shall be filled up. The form shall then be presented to the
Munsarim or the Reader of the court concerned, as the case may
be, by which the money is held in deposit.
(5) The application shall bear the court-fee, if any, prescribed by
law.
(6) If the person to whom the money is due and payable appears in
person to receive the money and is not personally known to the
Presiding Officer, no order for payment shall be made until he
has been identified by a counsel or other person, known to such
officer.
(7) If the person to whom the money is due and payable does not
appear in person, no order for payment shall be made unless
47

and until the Presiding Officer is satisfied by affidavit or

otherwise that the person asking for payment has been duly
Page
 authorized by the person to whom it is due and payable by an
instrument in writing to receive the money.

17. Repayment application to be compared with record of case—

(1) If the record has not been sent to the record-room the Sr.
Munsarim or the Reader shall cause particulars of the application
for repayment to be verified with the record of the case, and a
report shall be made in columns 5, 6 and 7 of the form of
application and shall be signed by the Sr. Munsarim of the court
concerned, as the case may be. If the application be found to be
incorrect or defective, the defect or error shall be noted upon it,
and it shall be returned to the applicant for correction by him or
for reference by him to the court.
(2) If the record of the case has been despatched to the record-
room, the Munsarim or the Reader of the court concerned, as the
case may be, shall forward the application to the record- keeper
who shall certify the particulars required in columns 5 to 7 of the
aforesaid application, for repayment and shall sign the same.
(3) If the record of the case has been despatched to the High Court
or other appellate court, the Munsarim or the Reader of the court
concerned, shall forward the aforesaid application to such court
giving reference to the case in connection with which the record
has been sent. On receipt of such application in the High Court
or other appellate court, the Registrar or Munsarim or the
Reader, as the case may be, shall certify under his signature, the
particular as required in columns 5 to 7 of the above said
application and shall forthwith return it to the court which
forwarded it.
(4) The Receiving Officer of the court to whom application is made
shall then report as to the particulars required in column 8 of the
form of the Repayment Application and shall sign the same. The
Receiving Officer before making his report shall carefully
ascertain whether or not there is any attachment or stop-order
affecting the money.
(5) The application shall then be laid before the Presiding Officer for
his order, and if the order be one for repayment, the amount to
be repaid shall be entered in figures and words upon the form of
application by the Presiding Officer in his own handwriting.
(6) The repayment order shall be prepared as per the requirement
of General Accounts & Finance Rules. The Presiding Officer shall
himself enter in figures and words in the space provided above
his signatures, the amount of repayment ordered by him.

18. Delivery of Repayment Order to Applicant—

(1) The repayment order when prepared shall be sent to the

Treasury by the court when the Order of repayment is made.
(2) When the repayment order is received back duly passed by the
Treasury, the Receiving Officer shall deliver the bill to the party
for presentation to the bank for encashment after obtaining the
receipt thereof.
(3) A specimen of the signature of the Drawing Officer shall be sent
to the Treasury.

19. Duty of Munsarim—

48

(1) The Sr. Munsarim or the Reader of the court concern, as the
Page

case may be, shall be responsible that no unnecessary delay

 occurs in obtaining the necessary report, and in preparing the
repayment order. He shall ensure that orders are obtained
without undue delay i.e. 4 days from the date of receipt of
refund application, if the record of the case was at the same
station of the court and 10 days if the record was at another
station and shall seek explanation in the case in which orders
were not so obtained.

20. Lapse of repayment order—

(1) When a repayment order has been refused by the Treasury on

the ground that the amount has lapsed to Government or that
repayment order has not been submitted to the treasury within
financial year, the office copy of the repayment order shall be
enfaced with the words cancelled written in red ink and initialled
by the Presiding Officer and the original repayment order shall
be destroyed. A fresh order shall then be issued and a note of
the fact being made upon the office copy of the original order.
(2) Once in every quarter and whenever the cash balance exceeds
the amount for which the Receiving Officer has given security,
the Presiding Officer shall check the receipts and repayments
and shall cause unclaimed balances, which is no longer
necessary to retain in the court to be remitted to the Treasury as
miscellaneous deposits. Each item so remitted shall be treated
as a separate deposit, and if not claimed, shall lapse to
Government.
The result of the quarterly check by the Presiding Officer
under this rule shall be reported for information and orders of
the District Judge.
In the case of repayment order of such lapse deposit;
refund application shall be sent to Accountant General for
sanction. The fact of the item having, lapsed should in such
cases be noted on the office copy of the original order.

21. Loss of repayment order—

When a repayment order is lost, no fresh order for repayment shall be

made until the period of validity of the previous order has expired and
a certificate of non-payment in the prescribed form (F.111) be
obtained by court from the Treasury before a fresh order is issued. The
procedure mentioned in Rule 109, G. F. & A. R. shall be followed for
preparing a duplicate repayment order.

22. Checking of cash balance—

Once in every week, the Sr. Munsarim or the Reader of the court
concerned, as the case may be, shall examine the cash balance, in the
hands of the Receiving Officer and shall submit to the Presiding Officer
a certificate in the following terms (Return No.1) :—

"I certify that I have personally examined the registers and

counted the cash balance in the hands of the Receiving Officer and
have found the same to be correct."
49
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23. Application for repayment to be filed with case file—

When the repayment or transfer has been so advised and entered, the
Receiving Officer shall endorse the fact of repayment upon the form of
application, which shall then be filed with the record to which the
repayment relates.

24. Exclusion from accounts of direct payments by one to another

party—
Moneys paid by one party to another in court including payment of
decreetal amounts by judgment debtors to decree holders or their
counsel or payment of cost of the day allowed by the court , but not
through an officer of the court, shall not be entered in the court's
registers of accounts. When money is to be paid by one person to
another and both are present in court, money may be passed direct
from the one to the other under the sanction of the Presiding Officer,
the fact being noted in the record of the case/ order sheet of the file.
In case of payment of sums exceeding Rs. 1000/-, the officer shall
have a receipt in the prescribed form (F.112) executed in his
presence, a copy of which shall be filed with the record of the case.
The payee, when not personally known to the Presiding Officer, shall
be identified by someone who is so known. Care must be taken in
these cases that no officer of the court receives or becomes in any way
responsible for the money.

25. Initialling of Registers—

Each entry in Registers of Receipts and Repayments of Deposits shall

be initialled by the Sr. Munsarim or the Reader of the Court concerned,
as the case may be, and the Presiding Officer of the Court, ordering
receipt or payment.
Each entry in the Register of petty Receipts and repayments, and
in the Register of Revenue Receipts shall be initialled by the Sr.
Munsarim or the Reader of the court concerned, as the case may be,
and the daily totals shall be initialled by the Presiding Officer.

26. Cash-Book—

(1) All receipts and repayments under Head 1 (a) of Rule 4 shall be
entered in the Deposit Cash Book.
(2) The daily totals of receipts and repayments under Head 1(b) of
Rule 4 shall be entered in the Deposit Cash-Book from the
Register of Petty Receipts.
(3) The daily totals of the Deposit Cash-Book shall be entered in the
General Cash Book.

27. Verification of the entries of Cash Book—

At the end of every quarter, a certificate in the following terms shall be

recorded upon the Deposit Registers, and signed by the Presiding
Officer for every court:—

"I certify that I have carefully examined the Register of

Receipts/Repayments of Deposits, and that the entries are made
therein with care and regularity."
Before recording such certificate, Presiding Officer shall ensure
50

that :-
(a) that all necessary entries are made and initialled at the time of
Page

the transaction;
 (b) that no money is unnecessarily placed in deposit or remains
there without good cause;
(c) that correctness of each entry shall be verified from the original
order/ voucher;
(d) that Receipt entries are supported by Treasury Cash Challan;
(e) that Repayment items are supported by the relevant refund bills;
(f) that Repayment from any deposit does not exceed the available
balance;
(g) that the total of such Repayment orders issued by the court, but
have not been encashed at the Treasury, have been deducted
from the grand total.

28. List of lapsed deposits—

(1) The Treasury Officer shall send a copy of the list of lapsed
deposits of a particular financial year duly approved by the
Accountant General to the Court concerned in the ensuing year.
On receipt of such list the words "credited to the Government as
lapsed on 31st March, 20...." shall be written in red ink against
such item in the cash book. Appropriate entries shall be made in
the column ―Treasury‖ of Reg 21.
(2) A Copy of such list shall be prepared and placed on notice board
by 15th of the next month on a conspicuous part of the court
house and shall also be uploaded on website of the Court.

29. Refund of lapsed sums—

Deposits thus credited to the revenues of the State will not be repaid
without the sanction of the Competent Authority. The amount of a
lapsed deposit refund will be charged as a refund and not debited to
deposit. The application for refund shall be recorded in the column of
remarks in the register of receipts of deposits and on the office copy of
the list of lapsed deposits, if it has not already been weeded, so as to
guard against a second repayment. Application in prescribed form
(F.G.A. 154) be sent to the Competent Authority for sanction of the
refund of lapsed deposits.

30. Procedure in, cases of forfeitures ordered by court under Order

XXI Rule 86 of the Code—

The following rules shall regulate the procedure in cases of forfeitures

ordered by court under Order XXI, Rule 86 of the Code:—
(1) In the case of a sale conducted by an officer of the court or by
any other person (not being a Collector) appointed by the court,
if on default being made in the payment of purchase-money
within the time specified in Order XXI, Rule 85 of the Civil
procedure Code (Act No. V of 1908), the earnest money
deposited under Order XXI, Rule 84, is ordered to be forfeited
under Order XXI, Rule 86 of the Code, the court shall make over
to the Receiving Officer a repayment order for the amount of the
fee payable by way of poundage and the Receiving Officer shall
buy stamps representing that fee and affix them on the order
directing the deduction to be made.
As to the remainder of the earnest money the court shall:
(a) Send a proceeding to the Treasury Officer informing him of
51

the forfeiture of the item and of the number and date

borne by it in the Register of Receipts of Deposits, and
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requesting him to transfer and credit it to Government

 under Head "065—Other Administrative Services (A)
Administration of Justice, (B) fines and forfeitures;"
(b) mark of the item in red ink in cash book as "forfeited under
Order XXI, Rule 86 of the Civil Procedure Code (Act No. V
of 1908) the day of 20... " and enter it in column 24 of
that register; and
(c) debit the item in the Register No.21 in column "Treasury"
on the day on which transfer is advised by the Treasury
Officer.
(2) In the case of a sale conducted by a Collector, if on default being
made in the payment of the purchase money within the time
specified in Order XXI, Rule 86 of Civil Procedure Code (Act No.
V of 1908) the earnest money deposited under Rule 84 be
forfeited under Rule 86 of the Code, the court will on report of
fact of non-payment being received from the Collector, (a) send
a proceeding to the Treasury Officer informing him of the
forfeiture of balance shown in column 12 of the Collector's report
of sale in the prescribed form (F.113) as held in deposit after
the poundage fee payable has been deducted and credited to
Government as provided in Rule 292 and of the amount of that
balance and the number and date borne by it in the Register of
Receipts of Deposits and requesting him to transfer and credit it
to Government under Head "065—Other Administrative Services
(A) Administration of Justice (B) Fines & forfeiture", and (b)
mark of and enter the item in the Register of Receipts of
Deposits and debit in the Cash Book in the manner prescribed in
sub rule (1).
(3) In respect of no item credited to Government under this rule
shall a repayment order be issued, but every such item shall be
entered in the Register of Repayments of Deposits.

31. Duty on applications for certificate under the Indian Succession

Act—

(1) Every application under Section 372 of the Indian Succession

Act, 1925 (Act No. XXXIX of 1925) shall state the value of the
debts and securities in respect of which the certificate is applied
for; and shall be accompanied by a deposit of the estimated
amount of stamp-duty payable on such certificate, and any
person who may take objection to the issue of a certificate to
himself, shall in the like manner be required to bring into court
with his claim the estimated amount of stamp-duty payable on
such certificate.
(2) However, court may grant permission on application of the
concerned to submit appropriate amount of stamp-duty payable
after the grant of application or claim, on furnishing adequate
security of such estimated amount of stamp-duty.
(3) Every amount brought into court under this rule shall be
deposited in the Government Treasury, and if the application or
claim be granted, will be withdrawn under Rule 276 of Order
XXX.
(4) If the application or claim is rejected, the amount shall be repaid
to the party by whom it, was brought into court.

32. All moneys to be entered in accounts—

52

All moneys received and paid by or through any officer or official in his
official capacity as an officer or official of a court shall, without any
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reservation, be entered in the public accounts.

33. Un-authorized Funds disallowed—

No un-authorized funds, as for instance from mines or from deductions

made from the pay of establishment or from any other sources, shall
be maintained.

34. Establishment Order Book—

An Establishment Order Book in the prescribed form

(Register No.229) shall be maintained in all courts in which the final
result of each order on the subject of appointment, promotion,
reversion etc., of individual officials should be shown. The Munsarim or
the Reader of the court concerned, as the case may be, shall check the
office copies of establishment pay, bills by comparison with the entries
in this Establishment Order Book. The Officer who passes
establishment pay bills should also occasionally check a few items with
the Establishment Order Book.

35. Check over postage—

District and Sessions Judges and the Presiding Officers of subordinate

courts shall be responsible for checking expenditure on service postage
labels, including postage on judicial processes and cash postage.
They shall see:—
(a) that the Central and other Nazirs are thoroughly acquainted with
the postal rules and rates and take advantage of the most
economical method of despatch;
(b) that all letters and papers excluding records intended for one
office are despatched in one cover;
(c) that one of the clerks of their courts is appointed to sort and
despatch the letters and papers of each department or their
courts in different covers to the Nazir.

36. Custody of cash and articles of value—

(1) In every District Court, situated near the District Treasury, the
District Judge shall arrange that cash received by the Central
Nazir and required by law or rule to be retained by him or
retained by him in his official capacity are kept in a substantial
box, and that this is duly deposited in the District Treasury.
(2) Moneys received by the Central Nazir of such a court at a time
when the box has been deposited, or by the Central Nazir of a
court at a distance from the Treasury, shall be kept in the safe
which has been specially supplied under Government orders to
each District Court for the use of the Central Nazir.
(3) The Central Nazir will be supplied with a fairly large box in
addition to the substantial box in which he keeps cash. This
additional box will be used exclusively for keeping in it articles of
value received by him and required by law or rule to be retained
by him or retained by him in his official capacity. It shall be
securely locked and will ordinarily remain it Treasury. If any of
the articles in it are required by the court in a particular case,
the box, or the articles required, will be sent for from the
Treasury and returned to the Treasury the same day unless the
court orders otherwise.
53

(4) The articles received by the Central Nazir at a time when it is not
possible to have access to the Additional box may be kept in the
Page
 safe supplied for his use, but subsequently these articles shall be
placed in that box without any delay.
(5) All articles received by a Central Nazir or Nazir will be entered in
a register to be maintained for the purpose (Register No.230).
(6) The Presiding Officer of an outlying court, shall see that the
Nazir, on the closing of the Court each day makes over his cash
chest for safe custody to the local Treasury/ Sub-Treasury/
Tehsil-Treasury*, as the case may be.
*Note:— At every such Treasury where such chests are received
for safe custody, the Tehsildar or Officer in charge of such
Treasury shall inform the Presiding Officer in advance of all
holidays on which the such Treasuries will be closed, and on
such holidays, shall on an application being made, open such
Treasury from 10 to 11 a.m. and from 3 to 4 p.m. for the
purpose of issuing and receiving the chests.
(7) The District Judge, when inspecting an outlying court shall see
that the cash and stamps are kept in strong boxes secured with
good locks; and shall report any case in which difficulty may be
experienced in giving effect to the above order, owing to the
court being situated at an inconvenient distance from the
Treasury or Sub-Treasury, or from any other cause.
(8) District Judges should make surprise visits to the Nazarat at
Headquarters at least once in every half year, and maintain a
record certifying that this has been done and that the provisions
of Rule 14 and of this rule are being complied with.
(9) Presiding Officers will make these inspections for outlying
Nazarats.
(10) Cash and articles of value received by a subordinate court at
headquarters shall be forwarded for deposit to the Central Nazir.

37. Statement showing receipts under Administration of Justice

Head—

The Presiding Officer of each Court shall before the 15th of every
month prepare a statement in the prescribed form (Return No.3)
showing the amounts of receipts under the respective revenue Heads
specified in the form which were credited into the Treasury during the
previous month. This statement should then be sent to the local
Treasury and verified by the Treasury Officer. The discrepancies, if
any, pointed out by the Treasury Officer should be reconciled and after
the statement has been duly verified, it should be submitted to the
District Judge who, as Controlling Officer, will see that the dues of
Government are regularly paid into the Treasury.

38. Defalcation or loss of public money—

On the occurrence in any department of a Court of any defalcation or

loss of public money, the fact shall be at once reported to the High
Court.
When the matter has been fully inquired into, a further complete
report shall be submitted to the High Court about nature and extent of
loss and the officials responsible for causing it and showing the errors
and neglect of rules by which such loss was rendered possible.

39 Check over entries of receipt of money –

54

The Presiding Officer of each Court shall, before the 15th of every
month, prepare a statement showing the amounts of receipts under
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the respective revenue Heads which were credited into the treasury
 during the previous month, and shall send the statement to the local
treasury. The Treasury Officer shall check the total with his
accounts; and if he finds them correct, he shall certify on the
statement of that effect. If there is any discrepancy, he shall note
the same upon the statement. The Treasury Officer shall in either
case return the statement to the Court from which it was received.
The discrepancies, if any, pointed out by the Treasury Officer shall
be reconciled and after the statement has been duly verified it
should be submitted to the District Magistrate, or the Sessions
Judge, as the case may be, who, has controlling officer, will see that
the dues of Government are regularly paid into the treasury.

40. e-Payment-

(1) Notwithstanding anything contained in these rules, no court

shall accept any payment of whatsoever in nature in cash
after the date notified by the High Court. Every such
payment shall be made through e-payment (e-challan/ eGrass/
Netbanking/ E-Mitra Kiosks/ Debit Card/ Credit Card etc.).
(2) Notwithstanding anything contained in these rules, no
repayment shall be made to any party in cash after the date
notified by the High Court. Such repayment shall be made
through e-transfer.
(3) High Court may notify any other date for the implementation
of this provision for any particular district.

55
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 ORDER 16

FORMS, RETURNS AND REGISTERS

(1) Notwithstanding anything contained in these rules, forms, returns
and registers prescribed in following Appendixes shall be used by
the courts wherever applicable;

(A) Appendix D – Forms

(B) Appendix E – Registers
(C) Appendix F – Returns

(2) Notwithstanding anything contained in these rules, all other

forms, registers and returns are hereby deleted.
(3) Format of every Form, Register and Return shall be generated
through CIS.

56
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 ORDER 17

COMPLIANCE OF ORDER RECEIVED THROUGH

E-MAIL
If, any order of any appellate court including High Court and Supreme
Court is received through official email of the court concerned for
compliance, same shall be complied after verification from the official
website of concerned court by the court receiving the order for compliance.

Before compliance, the receiving court shall download the copy of the
order from the official website of the concerned court and same shall be kept
on record.

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 ORDER 18

A. FORM OF OATH OR AFFIRMATION TO BE

MADE BY A JUDICIAL OFFICER
Every judicial officer appointed shall, before he/she enters upon his/her
office, make and subscribe, before the District Judge of the District, or some
person appointed in that behalf by him, where he/she has been posted, an
oath or affirmation according to the format given below –

― I........<A.B.>............... having appointed ................ do swear in the

name of God/ solemnly affirm that I will bear true faith and allegiance to the
Constitution of India as by law established, that I will uphold the sovereignty
and integrity of India, that I will duly and faithfully and to the best of my
ability, knowledge and judgment perform the duties of my office without fear
or favour, affection or ill-will and that I will uphold the Constitution and the
laws.‖

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

Oath administered by- (Signature)

(Signature)

B. Canons of Judicial Ethics

Following norms are being laid down by the High Court for guidance of
all Judicial Officers. These norms are not statutory rules. However, in view of
power of superintendence over Subordinate Courts conferred on the High
Court by virtue of Article 227 of Constitution of India, these norms are being
prescribed to be followed in letter and spirit by the Judicial Officers so as to
make them good Judicial Officers. These are canons for professional and
personal conduct of Judicial Officers and should be observed not only in
discharge of their official functions but also in their private life, so as to avoid
any conduct unbecoming of a Judicial Officer. These norms would help the
Judicial Officers in maintaining good image expected from them by the
litigants/general public. These norms are not exhaustive but are in the nature
of general guidance and are in addition to the existence of the other equally
imperative duties. These norms are in addition to and not in derogation of the
conduct rules framed by the Governments.

1. The assumption of the office of Judicial Officer casts upon the incumbent
duties in respect to his personal and professional conduct in relation to the
State, general public, the litigants before him, advocates, witnesses, Court
staff and other persons attending the Court.
58

2. Impartiality, honesty and integrity of a Judicial Officer are of utmost

importance. A Judicial Officer should not only maintain absolute impartiality,
Page
honesty and integrity, but should also carry such an image in the eyes of
general public, litigants and Advocates and should command their absolute
confidence. Dishonesty includes not only financial dishonesty, but also any
extraneous consideration or reason in passing an order or judgment or
otherwise dealing with any case. Judicial Officers should remain true to their
oath in letter and spirit. They should not bow or succumb to any influence or
pressure, particularly from the Bar members, in the discharge of their official
functions. They should act faithfully and conscientiously and without fear or
favour, affection or ill-will. We are governed by rule of law. Judicial Officers
should not be influenced in any manner by the status of any litigant, witness
or other person. They should uphold the majesty of law. Their personal and
professional conduct and behavior should be beyond reproach and free from
any impropriety and the appearance of any impropriety. Judicial Officers
should promote justice and thus serve public interest for which the Courts
exist.

3. Punctuality is the next important attribute of a Judicial Officer. Lack of

punctuality by a Judicial Officer results in wastage of precious time of
Advocates, litigants and witnesses and also adversely affects the image of the
Judicial Officer.

4. Judicial Officers should be prompt in the performance of their official

functions. Justice delayed is justice denied. Judicial Officers should, therefore,
strive to administer justice efficiently and without undue delay. At the same
time, care should be taken that quality of work is not adversely affected.
Judicial Officers should be careful in their decisions. They should also
maintain decorum and dignity in the Court.

5. The Judicial Officers should be temperate, attentive, patient, polite but

firm, and impartial. They should be studious and diligent.

6. The Judicial Officers should not tolerate improper behaviour and conduct
by Advocates, Clerks, litigants, witnesses etc. Good nature of the Judicial
Officer should not be allowed to be construed as his weakness.

7. Every Judicial Officer should maintain cordial relationship with other

Judicial Officers-seniors, colleagues and juniors. He should also be polite and
courteous with Advocates, litigants and witnesses. Young and inexperienced
Advocates should not be demoralized. He should also enforce similar courtesy
and politeness on the part of Advocates, litigants and witnesses.

8. Unprofessional or improper conduct of any Advocate should not be

tolerated and should be commented upon to correct the same. Any such
serious matter (not trifles) should be reported at once to the High Court.

9. Trustees, receivers, liquidators, guardians and others persons appointed

by a Judicial Officer in exercise of judicial function should have the strictest
probity and impartiality and should be selected solely with a view to their
character, suitability and fitness. The power should not be exercised for
personal, partisan, communal or any extraneous advantage. Excessive
allowances and fees should not be allowed to such appointees, even by the
consent of parties or counsel.
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10. The Judicial Officer should not deal with any case in which he has
personal interest or he or his near relative is a party. He should not create an
impression that he can be improperly influenced by any party or other
person. He should act independently and should not be swayed by partisan or
communal demands, public clamour or personal popularity or notoriety nor
he should be apprehensive of unjust criticism or false and frivolous
complaints.

11. A Judicial Officer should not exhibit undue interference, participation,

impatience or harsh attitude during examination of witnesses. At the same
time, he may properly intervene, wherever necessary, in the trial to promote
expediency and to prevent unnecessary waste of time, or to clear some
obscurity. While having necessary conversation with any counsel at the
hearing of any case, the Judicial Officer should avoid unnecessary
controversies. Ordinarily, Advocates should not be interrupted during
arguments except to clarify some point. He should avoid premature
expression of opinion.

12. Ordinarily, cases including applications for interim reliefs should not be
heard ex-parte when the other party is being represented. When absolutely
essential to hear some urgent application ex-parte, the Judicial Officer should
scrupulously ascertain and examine the facts and principles of law and relief
should be granted only when fully satisfied that the law permits and the
emergency demands it. Temporary injunction should not be granted or
refused lightly.

13. The Judicial Officer should not permit private interview, arguments or
communications designed to influence his judicial action except in accordance
with law. Written arguments presented by any party should not be concealed
from the opponent.

14. Adjournments should not be granted lightly or merely at the asking.

However, he should not be arbitrary in forcing an unprepared counsel to
conduct trial unreasonably and unjustly.

15. In disposing of contested cases, a Judge should indicate the reasons for
his decision in the order/judgment depicting application of mind. Serious
arguments of counsel should not be omitted to be dealt with. He should avoid
suspicion of arbitrary conclusion and should promote confidence in his
intellectual integrity. Judgments and orders should be clear and concise.

16. Appellate or Revisonal Courts should avoid passing strictures against the
Lower Courts in the judgments/orders, but may write a separate note, if
necessary, regarding their errors or defects, so as to guide them in future.

17. Personal opinion or consideration regarding substantial justice in a

particular case should not influence the decision of the Judge. He has to
decide according to law and not according to what should be the law in his
opinion. He is not a depository of arbitrary power, but a Judge under the
sanction of law.

18. A Judge should exercise discretion judiciously. He should adopt the usual
60

and expected method of doing justice and should not be extreme, peculiar,
spectacular or sensational. He should not compel persons brought before him
Page
to submit to some humiliating act or discipline of his own devising, without
authority of law, merely because he thinks that it will have a beneficial
corrective influence. In imposing sentence, he should endeavour to conform
to a reasonable standard of punishment and should not seek popularity or
publicity by undue severity or leniency.

19. A Judge should avoid giving ground for any reasonable suspicion of
misuse or abuse of power or prestige of his office. He should not persuade or
coerce others to patronize or contribute, to any private business or to
charitable entities. He should not use his office or name to promote the
business of anybody nor he should solicit for charities. He should not enter
into any business relation which might come in conflict with his official duties.

20. A Judge should abstain from making personal investments in enterprises

which are apt to be involved in litigation in the Court. He should maintain his
complete judicial impartiality. He should enjoy public confidence in his
integrity. He should not utilize information coming to him in judicial/official
capacity, for personal use or speculative investment etc.

21. A Judge should not accept or continue to hold any fiduciary or other
position, if it would tend or seem to interfere with the proper performance of
his judicial duties.

22. While entitled to have his personal views on political questions and
enjoying his rights or opinions as a citizen, a Judge should not become
promoter of the interests of any political party. He should avoid making
political speeches, making or soliciting contributions to party funds or
participation in party politics.

23. A Judge should not accept any presents or favours from litigants or
prospective or potential litigants, or Advocates.

24. A Judge may not live in absolute seclusion or retirement. However, he

should be very careful in socializing so as to maintain his high image and to
avoid any suspicion in pending or prospective litigation.

25. In brief, in every particular, conduct of a Judicial Officer should be above

reproach. He should be conscientious, studious, thorough, courteous, patient,
punctual, just, impartial, fearless of public clamour, regular regardless of
public praise, and indifferent to private, political or partisan influences; he
should administer justice according to law, and deal with his appoints as a
public trust; he should not allow other affairs or his private interests to
interfere with the prompt and proper performance of his judicial duties, nor
should he administer the office for the purpose of advancing his personal
ambitions or increasing his popularity.

26. No Judicial Officer shall participate in a discussion programme on

television or in radio broadcast, or publish a book, except with previous
sanction of the High Court.
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 PART –II CIVIL

ORDER 19
(A) Summons and other processes

1. Parties to file summons—

(a) A party shall file with the plaint, memorandum of appeal or an

application requiring the issue of a summons/notice, a printed
summons/notice form in duplicate, in the Devnagri, duly filled up
except in respect of the date of appearance/hearing and date of
issue of the summons/notice. The Court may also direct a party
in any proceeding to file a summons or notice filled up as above
to be served on the opposite party:
Provided that the Presiding Officer may in his discretion
direct that such forms in general or any particular such form be
filled up entirely in the office of the court.
(b) Parties to make repeated efforts for service.— In the absence of
any special order of the court, it shall further be the duty of such
party to ascertain the service of summons or notices and to
make subsequent applications for issue of summons/notices
within, next 7 days of the return to the court summons or
notices which has not been duly served.
(c) Date to be filed by office.— In summons and notices the date of
appearance/hearing and the date of issue shall be filled up by
the office of the court and the Presiding Officer or the Munsarim
or Reader, to whom such authority may have been delegated,
shall sign the summons/notices and also put the date of
signature.
(d) Form to be legibly written and signed by parties.— The forms
shall not be accepted unless filled up in a bold, clear and legible
handwriting. The parties, their recognised agents or counsels
shall sign the form in the left bottom corner, and will be
responsible for the accuracy of the information entered in the
forms.
(e) Process to contain name of issuing court.— In every process or
order issued or made by a Judicial officer, the names of the court
and the officer issuing or making it, and of the place and the
district where the court is located, shall be legibly written at the
top.
Judicial Officers or Munsarims or Readers shall sign their names
distinctly and legibly on such process or order, as the case may
be. No such signature shall be made by means of a stamp.
(f) Form of process.— Where there are printed forms available for
any process, such forms shall invariably be used. Where there is
a prescribed form but no printed copies are available, a process
shall be written in a prescribed form. In cases where there is no
prescribed form, a form prescribed for analogous, cases, if
possible, shall be modified to meet the requirements of the
particular case.
(g) When translation to accompany process sent to other courts.—
Where a process is sent to the court of a State where Hindi
language is not in ordinary official use, such processes should be
62

accompanied by an authenticated English translation of the

same.
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 (h) Cost of printed saleable forms to be taxed in decrees.— Cost of
printed saleable forms filled by the parties shall be taxed in all
decrees.

2. Time to be allowed in processes to Government Department—

In all processes issued in any suit or proceeding to which the

Government, Court of Wards or a Railway Administration be a party,
care shall be taken, that a reasonable time is allowed for
communication between the authorities competent to give instructions
to the counsel or agent authorised to represent them in court.

3. Process fee for notice in execution cases—

(1) The process fee for issue of notice either under Rule 16 or Rule
22 of Order XXI shall be paid when the application for execution
is presented. After service of notice, if the court directs
execution to issue, the fee for attachment or arrest, as the case
may be, shall be paid promptly and if the judgment-debtor's
property is, after the attachment, ordered to be sold, the
necessary sale fees shall be deposited.
(2) Process fee deposited in previous execution not to be used in
later execution.— When an application for execution of a decree
has been disposed of and a fresh application is made, the
process fee deposited in connection with the previous execution
and not spent shall not be utilized for issue of a fresh process.

4. Postage for sending processes—

No charge for postage for transmission of processes from one court to

another shall be levied from the parties, postal charges being paid by
means of service postage stamps by the court forwarding or making
return.

5. Endorsement on processes sent for service to other courts—

(1) When a court sends a process for service or execution to any

court beyond its jurisdiction, it shall endorse on the process a
certificate that the fee chargeable under the rules has been
levied.
(2) When processes or summonses are issued in a language other
than the Official Language of the receiving court, such processes
or summons should be accompanied by an authenticated English
translation.
(3) The report from the receiving court to the originating court
regarding the service or non-service of the process or summons
should similarly be accompanied by an authorised English
translation of the report.

6. Service of processes from other courts—

When a process bearing a certificate that the proper fee has been
levied, is received by a court from another court in India, the court
shall cause it to be served without further charge.

7. Particulars in record of court returning summonses—

63

The court to which the summons has been sent under Order V, Rule
21, shall retransmit it to the court by which it was issued together
Page

with—
 (1) the report of the Nazir's and the affidavit or examination on oath
of the serving officer;
(2) the record of further inquiry, if any, by such court;
(3) where the service has been effected by affixation under Order V,
Rule 17, a declaration by such court whether the service is
sufficient or not.

8. Deposits of expenses of legal process to be sent to foreign

countries—

(1) Where a process is issued to any court outside India, the court
issuing the process shall require the party at whom instance the
process is issued to pay in cash (and not in court fee stamps),
such fee for service as is required by the court to which the
process is to be sent, and shall transmit the same to court,
together with, in the case of summons to a witness, reasonable
travelling and other expenses.
(2) A process issued by any such court shall only be served upon
receipt of the process fee chargeable, and of the expenses
payable to the witness under Order XVI, Rule 2, the process fee
thus received shall be expended in the purchase of court fees
stamps to be affixed to the process.

(B) Process to Soldiers and Public Officers

9. Summons to soldiers, sailors and airmen—

A summons to a soldier, sailor or airman, as defendant or as witness,

shall be sent for service to his Commanding Officer, together with a
copy to be retained by the defendant. In such cases, sufficient time
shall be given to admit of arrangement being made for the relief of the
person summoned.

10. Summons to public officers or employee of Indian Railways—

A summons notice to a public officer (not belonging to Indian Military,

Naval or Air force) or an employee of Indian Railways, or local
authority as defendant or as witness, if it appears to the court that the
summons or notice will most conveniently be so served may sent it for
service to the head of the office where he is employed together with a
copy to be retained by the defendant.

11. Intimation to head of office when summons sent to public

officer or employee of Indian Railways—

In every case where a court fees fit to issue a summons direct to any
public officer (not belonging to Indian Military, Naval or Air Force) or
an employee of Indian Railways or local authority as a witness,
simultaneously with the issue of the summons/notice in the prescribed
form (F.114) shall be sent to the head of the office in which the
person summoned is employed, in order that arrangements may be
made for the performance of the duties of such person.

12. Intimation to head of office when summons sent to public

officer etc—
Where a public officer or an employee of Indian Railways or local
64

authority or soldier, sailor or airman has been summoned under Order

V, Rule 3, to appear in person through the head of the office or the
Page

Commanding Officer, in the forwarding letter in the prescribed form

 (F.115) or in a note on the summons, it shall be stated that the
summons should be regarded by such head of the officer or
Commanding Officer also as notice to make arrangement for the
performance of the duties of such public officer or soldier, sailor or
airman, during his absence.

13. Public Officer summoned for personal appearance—

Neither of the preceding two rules apply where an officer or a soldier,

sailor or airman in the Military, Naval or Air Force of the Union of India
or a public officer or an employee of Indian Railways or local authority
is summoned as a defendant under Order V, Rule 1. In such cases he
shall make his own arrangements if he wishes to appear in court in
person.

14. Sufficient notice to be given for enforcement of personal

attendance of a public officer—

Before the personal attendance of an officer holding a responsible post

is enforced the Presiding Officer shall satisfy himself that his
attendance is necessary. If such officer is summoned away from his
district, sufficient notice shall be given to him and to his immediate
superior to enable arrangements to be made for the discharge of his
duties in his absence.

15. Warrant for arrest of public servants or Railway servants—

(a) No warrant of arrest shall ordinarily be executed against any

Government servant until notice in the prescribed form (F.116)
of the intended arrest has been given to the head of this office.
(b) No warrant of arrest shall be executed against any employee of
Indian Railways or any person working on Railways in the service
of a contractor till notice of the intended arrest has been given to
the proper officer of the Railway or to the contractor or his
representative.

(C) Service of Processes

16. Establishment of process-servers—

There shall be one general establishment of peons under the

immediate direction of the Nazir incharge for the service of processes
issued by all courts for service within the local jurisdiction of the courts
located at the same station.

17. Number of processes to be served annually by a process-

server—

Subject to any orders of the High Court, the normal establishment of

peons shall be at the rate of one peon for an annual average of 600
processes issued. An emergent processes or a day occupied by a peon
on duty other than of process serving shall be reckoned as equal to
three processes.

18. Process-servers to be properly dressed—

It shall be the duty of the Nazir incharge to see that the process
65

servers are in uniform and wear their badges, belts and satchels.
Page
19. Processes to be delivered to whom for service—

Every process issued or received by a court for service within the area
covered by the process serving organisation at the station where such
court is located shall be delivered to the Nazir incharge for service.

20. The Nazir to be deemed the serving officer of the court sending
the process—

The Nazir to whom the process is sent and the preceding rule shall be
deemed the serving officer of the court from which he receives the
process, and shall forward direct to such court in the case of a summons
the return prescribed by Order V, Rule 18, and in the case of a warrant
for arrest, the judgment debtor, if arrested and any decretal money
received from the judgment-debtor.
Note:— A Nazir may Serve a process himself but ordinarily should get
processes served by process servers.

21. Processes for serving outside the area—

Where any process is issued for service outside the area covered by the
process serving organisation at the station where the court issuing the
process is located it shall be sent to the Judge concerned :
Provided that, if the process is for service within the local
jurisdiction of the court issuing it,—
(a) warrants of arrest,
(b) urgent processes,
(c) any other process which, in the particular case, it is advisable to
serve or execute by a headquarter's peon may be delivered to the
Nazir incharge at headquarter for service by a headquarter's peon.

22. Nazirs list of inhabited places—

Every Nazir incharge shall maintain for the Jurisdiction for which he is the
serving officer:—
(a) a list of all inhabited places within ten kilometer radius of his office;
(b) a list of all inhabited places outside such ten kilometer radius;
(An "inhabited place" for the purpose of this rule means a place
containing inhabitants and having a distinctive name.)
(c) a map of the area in the territorial jurisdiction of the court of which
he is Nazir; and
(d) a map showing the beats fixed by the Nazir for process-servers
under his control.

23. Beats of area outside five mile radius—

(1) The Nazir incharge shall divide the area outside the five mile radius
into beats, shall make the best beats, and shall make the best
arrangement possible for the prompt service of processes in each
beat.
(2) The Nazir incharge shall prepare a statement showing—
(i) the number of the beats,
(ii) the names of the tehsil and villages included in the beats,
(iii) the day or days of the week on which processes are issued
in the beats, and
(iv) the number of process-servers posted to each beat.
The allotment of process-servers to the various beats shall be
done by the Judge incharge every year but or special reasons a
process-server may be transferred from one beat to another earlier
66

also.
Page
 A copy of such statement after it has been approved by the
District Judge shall be supplied to each court and kept in the court
room with a view to dates being fixed in accordance therewith.
(3) Processes almirah and distribution of processes.— In the office of
the Nazir incharge, an almirah shall be divided into as many (or
more) pigeon-holes as there are beats, with spare holes for urgent
processes etc., and each process as soon as it is received shall be
placed in its appropriate pigeon-hole. The processes shall be issued
on the day fixed and on other days also if so ordered by the officer
in charge of the Nazarat for any particular reason.

24. Issue of emergent processes—

Emergent processes shall be issued for service on the day they are
received by the serving officer or on the next day.

25. Priority to process servers with long stay—

In distributing processes to the process-servers, priority shall ordinarily

be given to the process-server or process-servers who have longest been
at headquarters.

26. Processes from foreign courts—

A process received for service from foreign courts shall be shown in red
ink in the register of processes, and the Nazir incharge shall place the
register once a week before the Munsarim of the District Judge's Court or
the Munsarim or Reader of his Court, as the case may be, who shall mark
the last entry in the register and put his initials thereto indicating that he
has checked all the entries and issued necessary orders for obviating
delay.

27. Attendance of process-server—

An attendance register of process-servers shall be kept and the roll shall

be called every morning at 10 A.M. or during summer hours at 7:30 A.M.

28. Diaries of process-servers—

Every process-server shall keep a diary, containing a copy of this rule on

the first page, in the prescribed form (Register No.231) wherein shall
be recorded day by day in column 2.
The time period and purpose of his attendance, in the Nazir's office
or in court the duties performed, places visited by him together with the
time spent therein and stopping place for the night when away on duty
from his headquarters and in column 3 the signature of the Nazir of a
court, or of the Patwari, Sarpanch, Panch or other respectable person of
the places visited, as the case may be, in attestation of the contents of
column 2.

29. Service by special messenger—

A process may be executed by a special messenger -

(1) in the case of a warrant for the arrest of a person,
(2) in any other case in which a court either suo motu or otherwise,
records an order that, for the convenience of the parties or for
some other reason, it is expedient that such process shall be
67

executed by a special messenger. A special fee shall be payable for

such ―emergent service". The court shall, at the time of passing the
Page
 order, declare by whom the fee shall be paid and whether it shall
be included in the costs of the suit or be charged to a particular
party.

30. Conveyance for emergent service—

In addition to the special fee payable for an emergent process the court
may direct payment by the party concerned of requisite railway fare,
conveyance charges or any other incidental charges.

31. Prompt service of processes—

The Nazir shall arrange for the prompt issue and service of all summons
to witnesses received by him having regard to the dates fixed for the
attendance of such witnesses.

32. Mode of service of processes—

The provision of the Code relating to the service of summons etc. should
be carefully complied with. Attention is drawn in particular to Order V,
Rules 16, 17 and 18 and Form No. 11, Appendix 'B' of the Code as also
Order III, Rule 5 of the Code.

The process-server should, as far as possible prepare his report on

the spot, and attestation of the service should be obtained wherever
possible from two respectable residents of the locality in a town or from
Sarpanchs and Panchs, Patwaris or neighbours in a village.
8
Provided that service of any process shall be deemed to be
sufficient if it is affected through registered email ID, SMS or fax number
of the party or through any other electronic mode including mobile
application.

Note:— lt should be impressed upon the process-servers that it is their

duty and not of the party concerned unless specially directed by the court
in any particular case to find out the person on whom the process is to be
served. It is not necessary for the party to accompany them for
identifying that person. They should seek the assistance of the village
Sarpanch, Panch, Patwari, etc., to find out the person on whom the
process is to be served.

33. Sufficiency of service and re-issue of processes—

When a process is received back with a service report as contemplated

under Order V, Rule 17 of the Code, it shall be promptly laid before the
court for orders under Order V, Rule 17 of the Code. A fresh service on
payment of necessary process fee shall ordinarily be ordered if there is
sufficient time for such service to be effected.
[Deleted]9
68

8
Inserted vide Notification No. 03/S.R.O./2020 dt. 02.09.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.18.09.2020
9
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Proviso deleted vide Notification No. 03/S.R.O./2020 dt. 02.09.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)
dt.18.09.2020
 ORDER 20

SUITS AND APPEALS IN GENERAL

(A) Applications and Pleadings

1. Presentation and Registration-

(a) All pleadings, applications, petitions and any other relevant

paper of whatsoever nature filed in the course of judicial
proceedings shall be fairly and legibly printed in double space on
stout durable papers of foolscap size in Hindi / English; duly
paginated, indexed and stitched together in paper book form;
both sides of the paper shall be used, and a quarter margin,
together with at-least one & half inch of space at the top and
bottom of each sheet, shall be left.

Provided that if any pleading, application, petition or paper is

filed in English, the same shall be accompanied by Hindi
translation thereof.10

(b) Presentation shall be made before such official appointed by the

court or by the District Judge to receive such presentation.
(c) Regular registration number shall be assigned only to those cases
as enumerated in Register No.238, 239, 240, 242, 245, 246, 247
and 248 respectively (see Order 27 Rule 1, 2 & 3).
(d) No such presentation shall be made across the Dais during court
hours.
Provided, that such presentation may be made in the court on the
ground, of limitation, or other urgent reason, if any.
The Presiding Officer when accepting such presentation
during court hours or after court hours will make a note on such
papers, the time of presentation.
(e) At the time of presentation, every person shall also file an email
ID and Mobile Number where service can be effected. Such
person shall also file an undertaking stating therein that any
service transmitted electronically on such email ID or mobile
number, shall be deemed to be sufficient service on such party
concerned.
(f) At the time of presentation, the following entries shall be made
by the official concerned:-
(i) date and time of presentation,
(ii) name of presenter,
(iii) classification of record,
(iv) court fee paid.

2. Heading of pleadings and applications—

In every pleading or petition, the names of parties shall bear

consecutive numbers, and a separate line shall be allotted to the name
and description of each person.

3. Person presenting application—

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10
Page

Proviso in Sub rule (a) of Rule 1 inserted vide Notification No. 01/S.R.O. /2020 dt. 27.02.2020 in Raj.
Gaz. Ext. Part-I (b)
 Every application or petition shall at the time of presentation bear the
name and also full signature or thumb-mark of the person actually
presenting the same together with the date of presentation.

4. Separate applications for distinct subject matters—

Separate applications shall be made in regard to distinct subject

matters.

5. Persons from whom applications may be received—

Except an application for a copy, no application or petition and no

pleading required or authorised by law to be made by a party in a
court, shall be received from any person other than the party himself,
his counsel, or his recognized agent (See Order III, rules 1 and 2 of
the C.P.C.).
Registered clerks of counsel, as such, can present such applications as
they may be authorized to present by the rules concerning such clerks.

6. How to deal with applications received by post—

Except as otherwise provided in any other law, an application, not

being an application for a copy, petition or pleading received through
post shall be returned to the sender with a note that it should be
presented according to Law; provided that necessary postage stamps
have been received with such application, petition or pleadings,
otherwise it shall be filed in a file book.

7. Valuation to be noted on petitions—

In every suit, memo of appeal, revision or petition on which an

appealable order may be passed by the court, the plaintiff, appellant,
revisioner or the petitioner (as the case may be) shall give the value of
the subject-matter affected thereby.

8. Time for presenting applications—

Except as otherwise provided by these Rules, applications and

petitions which can be presented to the Munsarim or Reader of a court
shall be received on any day other than a holiday between 10.30 A.M.
to 12.30 P.M. and during summer hours between 7.30 A. M. to 9.00
A. M.:
Provided that an application or petition presented after such hour and
before 4.30 P. M. or 12 noon, as the case may be, may be received on
the ground, if any, of limitation or other urgent reason. Presiding
Officers when accepting plaints or applications after court hours will
note on such papers the time of their presentation.

9. Order other than routine one to be made in Judge's notes—

No orders except routine orders are to be recorded on the applications

themselves. All orders other than routine orders passed on applications
are to be recorded in the order-sheet except when they are recorded
separately in that event a reference thereof shall be made in the
order-sheet.
70

10. Duty of Munsarim or Reader in respect of plaints—

On receiving a plaint, application or appeal in the concerned court,
Page

Munsarim or Reader of a Courts appointed to receive plaints shall

 examine each plaint presented to him, and shall report thereon
whether the provisions of the Code and the Court Fees Act have been
observed and whether the claim is within the jurisdiction of the court,
constitutes a cause of action, and has been presented within the
period prescribed for the institution of such a suit.
The Munsarim or Reader shall see that the actual date of the
presentation of the plaint is entered upon the impressed stamp and
adhesive label or e-stamp, as the case may be, below the date of
purchase endorsed on them.
On the back of all plaints the Munsarim or Reader, shall note:—
(a) date and time of Presentation of the plaint,
(b) name of presenter,
(c) classification of suit, and
(d) court fee paid.

11. Opposite party to be given copies of written statement etc—

The party filing any of the following papers in a case, other than a case
of a Small Causes Court nature, shall file a written acknowledgment
from the opposite party or his counsel of having received a copy
thereof, and also of the affidavit, if any, accompanying such paper :—
(i) a written statement,
(ii) an objection under section 47 or under Order XXI, Rule 58 of the
Code,
(iii) an application for the amendment of any pleading,
(iv) an application for the appointment of a Receiver or a
Commissioner,
(v) an application for the amendment of a decree,
(vi) an application for remitting or setting aside an award and an
objecting to an award:
Provided that the Presiding Officer, if he is of opinion that a copy
of any other paper should also be supplied to the opposite party, may
pass such orders about the copy being furnished to the opposite party
as he deems fit.

12. How to make amendments in pleadings—

(i) An application for amendments made under Order I Rule 10,

Order VI Rule 17 or Order XXII of the Code shall also contain all
consequential amendments. The application if it is not in
accordance with these rules shall be liable to be rejected.
(ii) When a party died pendente lite, a note to that effect shall be
added against the name of party and necessary consequential
amendment in the body of the petition or pleading shall also be
made as prayed under sub-rule (i).
(iii) When the heirs of a deceased party are substituted for him they
shall be entered and numbered as follows:—
If the serial number of the deceased party was say "3", his
heirs will be numbered as 3/1, 3/2, 3/3 and so on. If suppose
party numbered as 3/1/1, 3/1/2, 3/1/3 and so on.

13. Returns of petitions and plaints—

No applications which are filed during the pendency of the certain

proceedings shall be returned for presentation to the proper court.
71
Page
14. Return of Vakalatnama with plaint—

When a plaint is returned to a counsel or recognised agent of the

plaintiff, the authority executed in his favour shall also be returned to
him.
When returning a plaint for presentation to proper court, a court
may order the plaintiff to file a copy of the plaint duly authenticated to
be put on record in place of the plaint.

(B) Documents

15. Translation to be filed with certain documents—

Every document produced by a party or his witness not written in Hindi

or in English shall be accompanied by a correct translation of the
document into Hindi written in the Devnagri script. The translation
shall bear a certificate of the party's counsel to the effect that the
translation is correct. If the party is not represented by a counsel, the
court shall have the translation certified by any person appointed by it
in this behalf at the cost of the party concerned.

16. Opposite party to record admission or denial on documents—

A party desiring to produce any document in court shall, before

producing it in court, obtain admission or denial recorded on the
document by the opposite party's counsel. If the opposite party is not
represented by a counsel, the court shall get admission or denial
recorded by the party in its presence and may for the purpose,
examine the party.

17. List to accompany all documents whensoever filed—

The list of documents required by Order VII, rule 14 and Order XIII,
rule 1 of the Code, shall be in the prescribed Form (F.117) and no
document, whensoever produced, shall be received unless
accompanied by the said form duly filled up. In the case of a document
produced by a witness or person summoned to produce a document,
the form shall be supplied by the party at whose instance the
document was produced. The list as well as the documents shall be
immediately entered in the general index in the prescribed Form
(F.118).

18. Statement about erasures and additions—

Whenever any private document, other than a registered document or

certified copy, containing erasures, additions or interlineations is
produced by a party to a case it shall be accompanied by a statement
clearly describing each such erasure, addition or interlineation and
signed by such party. Reference to such statement shall be made in
the list (F.117) with which the paper is filed.

19. Small documents and those of historic value—

Small documents when filed in a court shall be filed pasted on a paper

equal to the size of the record, and the margin of the paper should be
72

stitched to the file so that no part of the document is concealed by the

stitching. If a document contains writing both on the front and the
Page
 back it should be kept in a separate cover which should be stitched to
the file at the proper place leaving the main document untouched.
Note : Care should be exercised in dealing with documents of historic
or antiquarian value, and every possible endeavour should be made to
prevent their being defaced by endorsement or exhibit marks or by
having the seal of the court impressed on them.

20. Safe keeping documents in decaying condition—

Whenever a document produced in a court is found to be in decaying

condition on brittle paper or on such other which is likely to give way
in the process of handling, a transparent paper on one or both sides as
the circumstances may require, should be pasted so as to minimize
chances or any portion of it getting detached. This should be done in
such a manner that the contents of the documents do not become
obscure or obliterated. If necessary, it should be placed in a cover of
the size of the document and then properly stitched to the file.

21. Affidavit to accompany an application for of public record—

When a party requires the production of a public record, the

application shall, unless the court otherwise directs, be accompanied
by an affidavit showing how the party requiring the record has
satisfied himself that it is material to the suit and why a certified copy
of the document cannot be produced or will not serve the purpose.

22. Documents for production of which sanction of Head of

Department is necessary—

When a court decides that in the interests of justice it is necessary that

it should have before it a document which cannot be produced without
the sanction of the Head of the Department concerned, it shall in its
order asking for such document, set out as clearly as possible; (a) the
facts, for the proof of which the production of the document is sought;
(b) the exact portion or portions of the document required as evidence
of the facts sought to be proved. The court summoning the document
shall fix a date for its production, which should not be less than three
weeks from the date of issue of summons.

23. Registers from Sub-Registrar' s Office—

(1) A summons for the production of any register or book belonging

to the office of a Sub-Registrar shall be addressed to the District
Registrar and not direct to the Sub-Registrar.
(2) Production of Police diaries.— A summons for the production of
documents in the custody of the police should be addressed to
the Superintendent of Police concerned, and not to the Inspector
General.
(3) Production of other documents.— When duly authenticated and
certified copies of documents are admissible in evidence, the
Court shall not send for original records unless, after perusal of
copies filed, the court is satisfied that the production of the
original is absolutely necessary.

24. Summoning of Settlement Records and records of Judicial or

quasi-Judicial Tribunals—
73

When a court requires the production of any settlement record in

Page

which the Settlement Officer acted in a judicial capacity, it shall be

 summoned in the manner provided by Order XIII Rule 10 of the Code.
Similarly when a court requires the production of any record of Judicial
or quasi-Judicial Tribunal, it shall be summoned in the manner
provided by Order XIII Rule 10 of the Code. In other cases the
procedure prescribed in Order XVI Rule 6 of the Code shall be
followed.
The summons to produce such documents shall be issued to the
Collector or the Settlement Officer, who has custody of the record,
who may send the documents by messenger or registered post.

25. Production of documents in the custody of Parliament or State

Legislature—

In all suits and other proceedings where a document in the custody of

Lok Sabha/ Rajya Sabha/ Legislative Assembly/Legislative Council is
required to be produced before a court or an officer of the Secretariat
of the House is required to appear before the court for purposes of
giving evidence instead of sending of summons in the ordinary form, a
letter of request in the prescribed form (F.119) shall be sent.

26. Payment of postage fee, etc—

The payment of postage and registration fees, or of travelling and

other expenses for messengers, incurred in the transmission of, or
requisition for records, shall be paid ordinarily by the party at whose
instance the expense is incurred.

27. Covers of documents received by registered post to be

retained—

When a document of any kind connected with a judicial case is

received under a registered cover, the cover shall not be destroyed but
shall be attached to the file of proceedings in the case to which the
document refers.

28. Documents produced how to be dealt with—

All document produced must be received by the court and must be

dealt with in one or other of the following ways, viz.—
(a) returned,
(b) placed on the record, or
(c) impounded.

29. Duty of court upon production of documents—

The court shall inspect and consider all documents as soon as possible
after issues are framed and before evidence is produced and shall—
(a) Where they are held by the court under Order XIII Rule 3 of the
Code to be irrelevant or otherwise inadmissible, forthwith reject
them.
(b) Where not rejected under order XIII Rule 3 of the Code, and
held to be relevant and admissible in evidence, dealt with them
as follows:—
(1) Documents, which do not require proof e. g. public
documents and documents admitted by the party against
whom they are produced in evidence shall be admitted in
evidence and marked as exhibits in the manner prescribed
74

in Rule 28.
Page
 (2) Documents which required proof by oral evidence shall be
kept on the record pending proof. They shall be admitted
in evidence and marked as exhibits in the manner
prescribed in rule 28 when evidence is tendered in proof of
them. They shall be returned at the close of the evidence if
no evidence is tendered in proof of such documents.
Note:— The endorsement referred to in Order XIII Rule 4 of the Code
shall be made on the documents which are admitted in evidence. No
document shall be marked as an exhibit unless it is admitted in
evidence.

30. Admission of genuineness not to be confused with admission of

truth of contents—

When a certified copy of any private document is produced in a court,

inquiry shall be made from the opposite party whether he admits that
it is a true and correct copy of the document which he also admits, or
whether it is a true and correct copy of the document which he denies,
or whether it is a true and correct copy of the document the
genuineness of which he admits without admitting the truth of its
contents, or whether he denies the correctness of its contents, or
whether he denies the correctness of the copy as well as of the
document itself.

31. Proper expression about admissions of documents—

Admission of a document by a party shall be indicated by the

endorsement "Admitted by the plaintiff" or "Admitted by the
defendant‖. Admission of a document in evidence by the court shall be
indicated by the endorsement "Admitted in evidence". If any question
is raised as to the correctness of a copy and the Correctness of it is
admitted, the endorsement shall be "Correctness of copy admitted".
The use of the expression "Admitted as a copy" in endorsement on
documents is prohibited.

32. Endorsement on documents in suits compromised or dismissed

for default—

Documents filed in suits which are dismissed for default or

compromised shall before being dealt with in the manner provided in
Rules 36 and 36 be endorsed with necessary particulars mentioned in
Order XIII Rule 4 (1) of the Code.

33. Marking of documents—

(1) Documents produced by a plaintiff and duly admitted in evidence

shall be marked with a number, and documents produced by a
defendant shall be marked with a number and the letter A, or,
where there are more than one set of defendants, by the letter A
for the first set of defendants, by the letter B for the second and
so on, Where a document is produced by order of the court and
is not produced by any party, the serial number shall be
prefaced by the words "Court Exhibit" or an abbreviation of the
same.
(2) Where a document is produced by a witness at the instance of a
party the number of the witness shall be endorsed thereon e. g.
75

Ex. 1/P.W. 1 it is produced by the plaintiff's first witness, and

Ex. A. 1/D.W. 1 if it is produced by the defendant's first witness.
Page
 (3) Every exhibit mark shall be initialled and dated by the Presiding
Officer.

34. Marking of documents of the same nature—

Where a number of documents of the same nature are admitted, as for
example a series of receipts for rent, or a series of entries in the same
account book, the whole series should bear one figure or capital
letters, a small figure or letters in brackets being added to
distinguished each paper of the series.

35. Return of certain documents—

A document which is rejected as irrelevant or otherwise inadmissible

under Order XIII, Rule 3 of the Code, shall unless impounded under
Order XIII, Rule 8 of the Code, be returned to the person producing it
or to his counsel, and such person or counsel shall give a receipt for
the same in column 7 of the list of documents filed.

36. Retention of impounded and certain other documents—

(1) Documents impounded shall be dealt with in accordance with

Order XIII, Rule 8 of the Code, and the "Impounded" should be
noted in red ink across appropriate columns of the list of
documents filed against the entries relating to such documents
in the said list.
(2) Should either party or his counsel entitled to receive a
document, under rules, be absent or for good cause unwilling to
receive it, it shall be marked "not part of the record", a note of
the same being made in appropriate column of the list of
document filed.

37. Care of impounded documents—

(a) No document which the court has ordered to be impounded or

which is required by law to be filed and preserved (for instance a
will under section 294 of the Indian Succession Act No. XXXIX of
1925) shall be allowed to pass out of the custody of the court
and no document produced for the purpose of comparison of
signature, writing or seal shall be returned within the periods
specified in Order XIII, Rule 9(1).
(b) With reference to Order XIII, Rule 9 (1)(b) of the Code an
interval of four months shall ordinarily be allowed to intervene
from the date of decree before the documents whether original
or copies, filed in a case are returned to the parties who
produced them.

38. Cost of proving documents—

When a party has, without good reason, refused to admit the

genuineness of a document, the court may order it to bear the cost
incurred in proving it, irrespective of the result of the suit or
proceeding.

39. Return of documents—

A general notice shall be pasted in a conspicuous part of every court

76

house, giving warning that all documents filed in any suits or

proceeding which may legally be returned, must be withdrawn as soon
Page

as the decree or order made in the suit or proceeding has become final
 or after four months of the decree or order, whichever is longer, and
that if they are not so withdrawn they will remain at the risk of the
persons concerned.

40. Books of Business—

If a document be an entry in a letter book, a shop book, or other
account in current use or an entry in a public record, produced from a
public office or by a public officer, a copy of the entry, certified in the
manner required by law, shall be substituted on the record before the
book, account or record is returned, and the necessary endorsement
should be made thereon, as required by Order XIII, Rule 5.

41. Certain cases of Registration of documents to be reported to

the District Registrars or Inspector General of Registration—

The Presiding Officer of all Courts shall inform to the District Registrar
of their Districts, all cases which came before them in which there is
reason to believe that there has been misconduct, negligence or
irregularity on the part of the Registering Officers in the registration of
any document tendered in evidence or otherwise coming before the
Courts. If Registering Officer is the District Registrar, the Presiding
Officer of the Court may inform the Inspector General of Registration.

(C) Commission
42. Commissions to be issued to whom—

(1) A commission for the examination of any person shall ordinarily

be issued to Counsel practicing either before the court issuing
the commission or before the court within whose jurisdiction the
witness resides. Such commissions may, if it is considered
desirable, also be issued to a court (not being a High Court)
within the local limits of whose jurisdiction the witness resides.
(2) A commission for making a local investigation necessitating the
taking of evidence shall ordinarily be issued to a counsel, and in
cases requiring some special and technical knowledge, to a
person possessing the necessary technical and special
knowledge.
(3) A commission to examine accounts may be issued to any person
(including a legal practitioner) who is a competent accountant.

43. List of Commissioners.—

(1) Every District Judge shall maintain a separate list of legal

practitioners for each place where any court or courts are located
authorized to execute commissions. The lists shall be prepared
by the District Judge in consultation with the Judicial Officers of
such places. The list may be sub-divided into three parts,
namely, for accounts, for survey, and for all other purpose. The
number of commissioners in each part shall be fixed by the
District Judge.
Care shall be taken to include in the list of Commissioners
for survey and accounts only those who are conversant with
such work.
The list of Commissioners in the prescribed form
(Register No.232) shall be maintained in the office of the
District Judge at the headquarters and of the Senior most
77

Judicial Officer at other places, and all commissions issued shall

be entered in (Register No.233). Commissions shall be issued
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 in strict order of rotation in respect of each part unless there are
reasons to the contrary. No commission shall be issued to any
person whose name is not entered in these lists except for
special reasons. The lists shall be revised once a year.
(2) Munsarims, Nazirs, Copyist, Ahlmads, Counsel's clerks and
petition writers shall not be employed as Commissioners.
In the case of protected investigation, which extends
beyond the time originally calculated, the court may suspend the
commission until a further sum sufficient to cover the additional
expense is paid into court.
(3) The court shall ordinarily require the party asking for the issue of
a commission to deposit a fee (to be fixed by the court) before
the issue of the commission. The fee shall be fixed with due
regard to the circumstances of the case and the status of the
Commissioner.
In the case of protected investigation, which extends
beyond the time originally calculated, the court may suspend the
commission until a further sum sufficient to cover the additional
expense is paid into court.
(4) The legal practitioners to whom commission is issued for
examination/ cross examination of witness, for payment of
remuneration to them the court should expect from concerned
party to pay such amount, which is reasonable in the facts of
the case, but it's minimum and maximum limit shall be Rs.200/-
11
and Rs. 500/-12 respectively.
(5) Where a commission cannot be executed for reasons beyond the
control of the commissioner, the court may order payment of
such fees as may appear to be reasonable, with due regard to
the time spent by the Commissioner.
(6) Where any official of a court is required to take the record of a
court for the purpose of execution of an order of commission,
the official carrying such records shall be paid by the person at
whose instance the order for commission was issued, Rs. 25/-13,
in addition to the actual travelling and diet expenses, if any.

44. Prohibition of commission fees to Government Officers—

The acceptance by Judicial Officers or Ministerial Officers of Courts of

Fees for executing commissions, is prohibited.

45. Particulars to be given in the order for local investigation—

When issuing a commission for making a local investigation under

Order XXVI Rule 9 of the Code, the court shall define the points on
which the Commissioner has to report. No point which can
conveniently and ought to be substantiated by the parties by evidence
at the trial shall be referred to the Commissioner.

46. Time for executing Commissions—

A reasonable time shall be fixed for execution of every commission and

the court shall see that it is executed within such time unless the court
for sufficient reason extends the time.

11
78

Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
12
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
13
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Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
47. Payment in advance of expenses for issue of commission—

(1) Whenever a commission is issued to any court, the court issuing

the same shall require the party applying for issue to pay into
court before issue—
(a) Where such witness is to be examined by a court, the
travelling and other expenses likely to be incurred by the
witness;
(b) in other cases such additional sum also as it may consider
necessary for the employment of a legal practitioner by the
court to which the commission is issued.
(2) The court issuing the commission may require the party
concerned to deposit such further amount as the court to which
the commission is sent may lawfully require.
(3) Moneys thus deposited shall be entered in the Register of petty
Receipts and Repayments.

48. Commissioner's responsibilities—

A Commissioner shall in his report always give reasons or data on

which he bases his opinion.
A Commissioner shall not issue copy of any map or report
prepared by him or of evidence taken by him or of any portion thereof,
to any party.

49. Local inspections by Presiding Officers—

When a Presiding Officer of a court considers it necessary to make a

local inspection, it shall invariably during the inspection or as soon as
is convenient thereafter, record a note to be placed on the file, the
purpose of the inspection and all facts perceived or impressions
received in the course there of which are likely to affect its decision in
the case. This note shall as far as possible be prepared in the presence
of parties or their counsel. Where this is not possible the parties or
their counsel shall be informed of it.
Where a Presiding Officer decides to make a local inspection on
the request of a party or both the parties, he should require the party
or parties concerned to deposit in court an amount sufficient to cover
his travelling allowance according to the rules. Such amount shall be
entered in the Register of Petty Receipts and Repayments of the court
and the Presiding Officer shall be entitled to draw his travelling
allowance admissible under the rules after having his claim passed by
the District Judge. But when the District Judge makes such inspection,
it shall not be necessary to have his bill passed by any authority and
he may himself draw the amount.

50. Commissions letters of requests etc. to foreign courts—

Letters of request of commissions and other judicial documents meant

for foreign or common-wealth countries shall be sent to Ministry of
External Affairs and Commonwealth Relations Government of India,
New Delhi through the High Court.
When issuing such commission the court shall have such funds
deposited by the party at whose instance the commission is issued, as
may, in the discretion of the court, be considered sufficient to defray
the expenses likely to be incurred by the executing court. An
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undertaking should also be taken from the party concerned to pay

such further sum as may be wanted by the executing court.
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 (D) Affidavit
51. Persons to verify affidavit—

(a) Munsarims, or the Reader as the case may be, of all courts, may
verify an affidavit.
(b) A court-fee label of Re. 1/- shall be affixed to each affidavit
verified before Munsarim or Reader for filing in the court. This
provision shall only be resorted when Oath Commissioner is not
available.
(c) Munsarim or Reader, as the case may be, shall maintain a
Register (Register No.234) which shall contain the following
particulars with respect to each affidavits, sworn before him,
namely:—
(a) serial number;
(b) date and time of making the affidavit;
(c) particulars of the case to which the affidavit relates;
(d) full particulars of the person making the affidavit;
(e) particulars of the person identifying him;
(f) valuation of the stamp affixed on the affidavit; and
(g) signatures of the Munsarim or Reader.

52. Powers of District Judge to appoint lawyers to verify

affidavits—

(1) A District Judge may appoint legal practitioners to administer

oaths to declarants.
(2) The fee chargeable by the Oath Commissioner so appointed shall
be Rs. 10/- for each affidavit for all the Courts. Such fees paid to
an Oath Commissioner shall be taxed in the decree.
(3) Oath Commissioners shall maintain a register or registers
(Register No.235) which shall contain the following particulars
with respect to each affidavit, sworn before them, namely :-
(a) serial number;
(b) date and time of making the affidavit;
(c) particulars of the case to which the affidavit relates;
(d) full particulars of the person making the affidavit;
(e) particulars of the person identifying him;
(f) fee paid;
(g) name of the Oath Commissioner before whom the affidavit
is sworn; and
(h) signature of the Oath Commissioner and remarks, if any.
The Registers shall be inspected periodically by the
Presiding Officers of the courts concerned.
(4) Every person swearing an affidavit shall, if not personally known
to the person before whom the affidavit is sworn, be identified
before that person by someone known to him, and in such case
the person before the affidavit is made shall state at the foot of
the affidavit the name, address and description of the person by
whom such identification was made.
Such identification may be made by a person:—
(a) Personally acquainted with the person to be identified;
(b) who is reasonably satisfied as to his identity:
Provided that in the latter case the person so identifying
shall sign at the foot of the affidavit a declaration in the following
form, after there has been affixed to such declaration in his
presence, the signature or thumb-impression of the person so
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identified namely—
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 Form of Declaration.
I ………. (name, description and address) declare that I am
satisfied on the grounds stated below that the person making
this affidavit and alleging himself to be A.B. is that person,
Grounds .....

(5) Oath commissioner shall at their own expense provide

themselves with an official seal to be made under the direction
of the court which appointed them as Commissioners. This
should indicate the name of the court to which the Commissioner
is attached and shall provide space for recording the serial
number and date of the entry relating to the affidavit in the
Commissioner's register.
This seal shall be surrendered to the court when the
person having such seal ceases to hold the office of an Oath
Commissioner.

(E) Adjournments
53. Priority in cases to which soldiers, sailors or airmen are
parties—

(1) No case in which witnesses are present shall be allowed to stand

out of its place in the list except for special reasons to be
recorded by the Presiding Officer under his hand:
Provided that every court shall bring to a hearing without
regard to the order in which they may have been filed all suits in
which an officer, soldier, sailor or airman or person who may
have obtained leave of absence from the Army, Navy or Air
Force, may be a party and shall decide such suits as speedily as
may be convenient and consistent with the due administration of
justice. (To be shifted)
(2) Priority to cases which are holding up other cases.— Suits,
appeals or applications for the decision of which other cases
have been held up shall be given priority, and they shall on no
account be adjourned except for good reasons.

54. Priority to cases involving matters of public importance—

On a certificate being given by the Government Advocate, Additional

Government Advocate that particular matter is of urgent public
importance and should be disposed of at the earliest in public interest,
the court shall examine the matter, and if satisfied about its urgency,
shall give it top priority and it shall be heard and disposed of as early
as possible. (To be shifted)

55. Priority to cases (uncontested)—

A Judge shall before beginning his work for the day go through the
cause list and ordinarily dispose of all uncontested work, first and then
begin the contested work.

56. Fixing of date—

The first date of hearing in a case shall not ordinarily be fixed more
than two months ahead. But in a case in which the Government, the
Court of Wards, or any Railway Administration is a party, the date for
81

the first hearing shall be fixed for a day not less than two months after
the institution of the suit, and if necessary, the date of hearing may be
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 changed if counsel can show that instructions have not been received
or that sufficient time for instructions and necessary inquiries has not
been allowed.
Before fixing a date for final hearing, the Presiding Officer shall
after consulting counsels for both sides if necessary, make a
reasonable estimate as to the time required for the disposal of each
particular case.

57. Party's fault in non-service of witnesses—

(1) In all cases the court shall require a party applying for an
adjournment on the ground that a summons has not been duly
served to show that he applied where it was possible to so apply,
for the issue of the summons in time to enable the service to be
effected and that he performed every other act required for the
issue and service thereof.
(2) When a date more than one month ahead is fixed for the
examination of witnesses the parties shall make repeated efforts
to procure service of summons on their witnesses. It shall be
their duty in the absence of any special order of the court for the
issue of summonses within ten days of the order fixing the date
for examination of witnesses and to make subsequent
applications within seven days of the return to the court of a
summons which has not been duly served.
Similarly when a date of more than one month is fixed for
the service of summons on the opposite parties repeated efforts
to procure service of summons shall be made.
(3) The Nazir shall contact the party applying for the process, his
authorised agent or counsel, and inform him of the fact that the
process has been returned unserved. The signature of the party,
agent or counsel, shall be obtained in such cases. Regarding
cases, in which the party, agent or counsel cannot be
conveniently contacted, a list of processes returned unserved,
shall be notified from time to time on the notice board of the
court.
(4) Where a summons has been returned unserved by reason of a
wrong or insufficient address of the witness, the court may,
before adjourning the case for issue of a fresh summons require
the party applying for the same to satisfy the court, by affidavit
or otherwise, that such party was not in a position to know the
correct address at the date when he applied for the issue of the
former summons, and also that the evidence of the witness is
really material.

(F) Hearing of Suits

58. Evidence common to the cases—

Whenever by consent of parties evidence given in one case is admitted

by a Court as evidence in another case, separate proceedings stating
the fact shall be recorded, signed by the Presiding Officer and placed
on the records of both cases.

59. Witnesses in attendance to be examined—

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On the day fixed for recording the evidence of witnesses the evidence
of all witnesses in attendance shall, so far as is possible, be recorded.
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 That some witnesses have not attended is no reason for not recording
the evidence of those in attendance. If the examination of all the
witnesses is not concluded on the same day, it shall be proceeded
with, from day to day until all the witnesses have been examined,
unless the court finds that for the exceptional reasons to be recorded
by it, the adjournment of hearing beyond the following day is
necessary.

60. Court may record the statement of witnesses in absence of

party or Council -

Where a witness is present in court but a party or his counsel is not

present or the party or his counsel though present in court, is not
ready to examine or cross-examine the witness, the court may, if it
thinks fit, record the statement of the witness and pass such orders as
it thinks fit, dispensing with the examination-in-chief or cross-
examination of a witness, as the case may be, by the party or his
counsel not present or not ready as aforesaid.

61. Judge's duty during the recording of evidence—

The memorandum required by Order XVIII Rule 8, shall state clearly

what each witness deposes as to the points at issue, and shall be
recorded as the examination of each witness proceeds.

62. Record of parties statements—

Statements of parties or their counsel under Order X Rules 1, 2 or of a

similar nature shall be recorded on a full sheet of foolscap paper and
shall be signed by the person making it.

63. Witness not to be given seat on dias—

No witness should be provided any seat on the dias. All witnesses shall
give their evidence from the witness-box. Witnesses should normally
stand while giving evidence. However, Presiding Officer may allow the
witness to be seated. While giving evidence, considering valid grounds
such as (i) infirmity; (ii) old age; (iii) inordinate length of time in
giving evidence; or (iv) for any other reason recorded to be in writing.
(To be shifted)

64. Number of witnesses—

Subordinate court must invariably give the number of each witness as

he is examined. The witness produce by the plaintiff should be
numbered as P.W. 1, P.W.2 etc. by the defendant as D.W. 1 etc. and
witnesses called and examined by the court under Order XVI Rule 14
of the Code shall be numbered as C.W. 1 etc.
In case there are two or more than two defendants having
conflicting interest or producing different sets of witnesses, the
witnesses produced by the defendant No. 1 should be numbered as D
1 W 1, D 1 W 2 etc. and witnesses produced by defendant No. 2
should be numbered as D 2 W 1, D 2 W 2 etc. and so forth.
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65. Expenses of Government servant appearing as witnesses in civil
suits—

When Government servant is summoned or is deputed by his department

or office to produce official documents or to give evidence of facts, which
came to his knowledge in the discharge of his public duties in a civil case
to which Government is not a party, the party at whose instance such
witness is summoned shall deposit with the court, travelling and other
expenses in accordance with the rules for payment of expenses to
witnesses in Civil Court as framed by the High Court under Order XVI Rule
2(3) of the Code of Civil Procedure 1908 as amended from time to time.
Out of the sum so deposited the court shall pay the Government servant,
the amount of travelling allowance and other expenses in accordance with
the referred rules. The amount of T. A. shall be as admissible to him
under the T. A. Rules, as for journey on tour on the basis of a certificate
duly signed by the head of office or department showing the emoluments
received by him as pay etc.

(G) Judgment and decree

66. Mode of recording judgment—

To each judgment shall be prefixed a heading specifying the number of

the case and the names of all the parties.
No court shall write a judgment or final order on the order-sheet, or
any paper already on the file, such as pleadings, applications, objections
etc.
A judgment may be written by the Presiding Officer or may be
recorded at his dictation, but every page of the record or a judgment, not
in the handwriting of the Presiding Officer shall be attested by the
Presiding Officer's signatures.

67. Provision of C.P.C. to be given in certain judgments—

When plaints are rejected or returned, and in cases disposed of without

decree, as also in case in which decrees are passed without contest the
Presiding Officer shall put on record the section or order and rule, of the
Code under which the judgment or order is passed.

68. Reference in judgments to parties and witnesses—

(1) A reference to a party or a witness shall be by name and number,

and not merely by number like P.W.1 or D.W. 1.
(2) Judgments shall contain words in full and not in abbreviated forms
except where the abbreviations are well recognized and are in
common use, such as a.m., p.m., e.g.

69. Judges may take records out of courts—

Presiding Officers of Courts may take records for perusal or writing

judgment to their residence but only under proper entries made in a
register kept for the purpose by the Reader or other clerk having custody
of the record at the time. Records thus taken out of office must be
returned as soon as possible. (To be shifted)

70. Judgments not to be delayed—

(1) A judgment shall be delivered within a reasonable time after the close
84

of the case which shall, in no case, exceed one month and in case
judgment is not pronounced on the appointed date the Presiding
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 Officer shall assign cogent reasons for not pronouncing judgment on
that date. The date for pronouncing a judgment shall not be
postponed more than once.
(2) Completed cases to be decided by officer before proceeding on
transfer.— After the receipt of the transfer order, a Presiding Officer
may pronounce judgments only in those cases which arguments have
been heard and completed and the date of delivery of judgment,
already fixed, falls in between the period of his receiving the order of
transfer and handing over the charge.

71. Decree to be self contained—

Every decree and order as defined in section 2 of the Code shall be drawn
up in such a manner that in order to the understanding and execution
thereof, it may not be necessary to refer to any other document or paper
whatever, which is not made part of the decree or order.
Prescribed forms of decrees—
In all cases in which the form of a decree has been prescribed or indicated
by statute, the decree shall be prepared, as far as possible, in the form so
prescribed.

72. Taxing of diet money of witnesses—

In taxing costs the diet money of only such witnesses as are actually
examined shall be included unless the court direct otherwise.

73. Drawing up of decree—

(1) The decree or formal order shall be drawn up ordinarily within three
days of the date of judgment and shall bear that date. After the
decree has been examined, it shall be signed by the Presiding
Officer and the date of such signature entered by him immediately
beneath the signature.
(2) Contents of decree (original).— The Presiding Officer shall see that
the decree or formal order drawn up specified clearly the relief
granted or other determination of the case and contains definite
particulars of the claim.

74. Contents of appellate decree—

When an appellate court modifies or reverses the decree of the trial court
the appellate decree shall specify the relief actually granted as the result
of such modification or reversal. The Judge shall satisfy himself before
signing the decree that the relief thus specified has been embodied in the
decree.

75. A copy of appellate judgment to be sent to the officer against

whose order or decree, the appeal was preferred—

A copy of an appellate judgment certified to the lower courts shall, after

noting the result in the appropriate register, be put up for perusal to the
officer against whose order or decree the appeal was preferred, such
officer shall return the copy within a fortnight.

76. Information to departmental heads when necessary—

A Presiding Officer shall, after delivery of his judgment in any suit or

proceeding, inform the head of the department concerned of any
circumstances personally affecting any public servant in that case.
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 ORDER 21

SUITS BY OR AGAINST PERSONS IN SERVICE

OF ARMY, NAVY OR AIR FORCE
1. Jurisdiction of Civil Courts—

All persons belonging to the army, navy or air force are now
amenable to jurisdiction of ordinary Civil Courts subject to certain
restriction as provided hereafter pertaining to their personal
appearance in Court and execution of decree against their persons,
pay and allowances and their equipment.

2. Suits by or against persons belonging to the Army, Navy or Air

Force –

(a) Where any officer, soldier, sailor or airman, actually serving

under the Government in such capacity is a party to a suit, and
cannot obtain leave of absence for the purpose of prosecuting or
defending the suit in person, he may authorize any person to sue
or defend in his stead.
(b) The authority shall be in writing in the prescribed form (F.120)
and shall be signed by the officer, soldier, sailor or airman, in the
presence of-
(i) his Commanding Officer, or the next subordinate officer, if
the party is himself the commanding officer, or
(ii) where the officer, soldier, sailor or airman, is serving in
army, navy or air force staff employment, the head or
other superior officer of the office in which he is employed.
Such commanding or other officer shall countersign the
authority, which shall be filed in Court.
(c) When so filed the countersignature shall be sufficient proof that
the authority was duly executed, and that the officer, soldier,
sailor or airman by whom it was granted could not obtain leave
of absence for the purpose of prosecuting or defending the suit
in person.
Explanation—The expression "Commanding Officer" means the
officer in actual command for the time being of an regiment, corps,
ship, detachment or depot to which the officer, soldier, sailor or
airman belongs.

3. Person so authorized may act personally or appoint pleader—

Any person authorized by an officer, soldier, sailor or airman to

prosecute or defend a suit in his stead may prosecute or defend it in
person in the same manner as the officer, soldier, sailor or airman
could do if present; he may also appoint a pleader to prosecute or
defend the suit on behalf of such officer, soldier, sailor or airman.

4. Power of Attorney –

A power of attorney or authority to institute or defend a suit

executed in the form (F.120) is not chargeable with Court fee (See
Section 19, clause (1) of the Court-fees Act, 1870).
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5. Summons to soldiers, sailors and airmen-

Summons to officer, soldier, sailor or airman, as defendant or as

witness, shall be sent for service to his Commanding Officer, together
with a copy to be retained by the defendant. In such cases, sufficient
time shall be given to make arrangements for relieving the person
summoned.

6. Intimation to Commanding Officer-

Where an officer, soldier, sailor or airman has been summoned

through the Commanding Officer under Order V Rule 3 of Code of
Civil Procedure, 1908, to appear in person, summons shall be sent
with a forwarding letter in the prescribed form (F.121) or in a note
on the summons, stating that the summons should be regarded by
such Commanding Officer also as notice to make arrangement for the
performance of the duties of such officer, soldier, sailor or airman,
during his absence.
Provided that, if such officer, soldier, sailor or airman in the
army, navy or air force of the Union of India is summoned as a
defendant under Order V Rule 1 of Code of Civil Procedure, 1908; he
shall make his own arrangements, if he wishes to appear in court in
person.

7. Service on person so authorized, or on his pleader—

Processes served upon any person so authorized by an officer, soldier,

sailor or airman or upon any pleader appointed as aforesaid by such
person shall be as effectual as if they had been served on the party in
person.

8. Speedy disposal of cases—

Civil Courts should dispose of all suits, for the prosecution or defence
of which officers, soldiers, sailors, airmen or reservists have obtained
leave of absence as speedy as is consistent with the administration of
justice, irrespective of the order in which they stand on the register.

9. Priority certificate, Extension of leave by Court—

(a) When a person subject to the Army Act, 1950, the Air Force Act,
1950, or the Navy Act 1957 obtains or applies for leave of
absence for the purpose of prosecuting or defending a civil suit,
is provided by his Unit Commander with a certificate to enable
him to obtain priority of hearing; said certificate must be
presented by him in person or on behalf of the person to the
Court.
(b) On the presentation to any court by or on behalf of such person
of a certificate from the proper 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, the 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.
(c) The certificate from the proper authority shall state the first and
87

last day of the leave or intended leave, and set forth a

description of the case with respect to which the leave was
Page

granted or applied for.

 (d) No fee shall be 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 hearing of the case.
(e) Where the court is unable to arrange for the hearing and final
disposal of the suit or other proceeding within the period of such
leave or intended leave as aforesaid, it shall record its reasons
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 of the copy itself.
(f) If in any case, a question arises as to the proper authority
qualified to grant such certificate as aforesaid, such question
shall at once be referred by the court to an officer having power
not less than a brigade or equivalent commander whose decision
shall be final.

10. Execution against persons subject to army, navy or air force

law-

(1) (a)In execution of a decree, or award, the pay and allowances of

persons to whom the Air Force Act, 1950 (45 of 1950), or the
Army Act 1950 (46 of 1950), or the Navy Act, 1957 (62 of
1957), applies, shall not be liable to attachment or sale.
(b)Neither the arms, clothes, equipment, accoutrements or
necessaries of any person subject to these Acts, nor any animal
used by them for discharge of their duty, shall be seized, in
satisfaction of any decree or order enforceable against them.
(c) (i) No person as referred in clause (a) shall, so long as they
belongs to the Forces be liable to be arrested for debt under any
process issued by, or by authority of, any civil court.
(ii) The judge of any such court may examine into any
complaint made by such person or his superior officer of the
arrest of such person contrary to the provisions of these rules
and may, by warrant under his hand, discharge the person, and
award reasonable costs to the complainant, who may recover
those costs in like manner as he might have recovered costs
awarded to him by a decree against the person obtaining the
process.
(iii) For the recovery of such costs, no court fee shall be
payable by the complainant.
Expression ―Civil Court‖ does not include a criminal court.
(2) (a) No Presiding Officer or member of a court-martial, no judge
advocate, no party to any proceeding before a court-martial, or his
legal practitioner or agent, and no witness acting in obedience to a
summons to attend a court-martial shall, while proceeding to,
attending, or returning from, a court-martial, be liable to arrest under
civil process.
(b) If any such person is arrested under any such process, he may
be discharged by order of the court-martial.
(3) Every person belonging to the Indian Reserve Forces shall, when
called out for or engaged in or returning from, training or service
shall also be entitled to all the privileges and protection contained
herein-before.
(4) The rights and privileges specified in these rules shall be in addition
to, and not in derogation of, any other rights and privileges conferred
on persons subject to these rules or on members of the regular
88

Army, Navy and Air Force generally by any other law for the time
being in force.
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11. Proceedings with respect to Succession Certificates –

Where the Court finds that a person falling under clause (c) of Section
372(1) of the Indian Succession Act, 1925, is subject to the Army Act,
1950, or the Air Force Act, 1950, or Navy Act, 1957, 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 sufficient 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.

12. Criminal cases against persons subject to Army, Naval or Air

Force law-

Criminal cases against persons subject to army, naval or air force

law shall be tried by the court subject to the provisions of Section
475 of the Code of Criminal Procedure, 1973 and the Criminal Courts
and Court-Martial (Adjustment of Jurisdiction) Rules, 1978 framed
by the Government of India as amended from time to time given in
Appendix-G.

13. Notice of conviction to appropriate authority-

If any person subject to the Army Act, 1950 (46 of 1950) or the Air
Force Act, 1950 (45 of 1950) or the Navy Act, 1957 (62 of 1957); is
convicted of any offence, by a court, such conviction shall be
intimated to the concerned Officer Commanding of the Unit,
Regiment, detachment or competent naval authority, to which he is
attached.

14. Dress of Persons in Service of Army, Navy or Air Force-

(1) An officer or Soldier or sailor or airman of army, navy or air

force is required to attend a court in his official capacity
should appear in uniform. Attendance in an official capacity,
includes attendance-
(a) as witnesses, when evidence has to be given of matters
which come under the cognizance of the officer, soldier,
sailor, or airman in his official capacity;
(b) by an officer for the purpose of watching case on behalf of
officer, soldier, sailor, or airman under his command.
(2) An Officer or Soldier or Sailor or Airman of Army, Navy or Air
Force is required to attend a court otherwise than in his official
capacity may appear either in plain clothes or in uniform.
(3) Such persons shall not wear his sword or side arms if he
appears in the character of an accused person or under military
arrest or if the Presiding Officer of the court think it necessary
to require the surrender of his arms, in which case a statement
of the reason for making the order shall be recorded by the
Presiding Officer and, if the concerned authorities so request
forward a copy of the order for information to the Commander-
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in-Chief, as the case may be.

(4) Fire arms shall under no circumstances be taken into court.
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 (5) Such person with a European style head dress will remove the
same while the judge is present, except when he is on duty
under arms with a party or escort inside the court.

15. Special protection in respect of Civil and Revenue Litigation of

Indian Soldiers serving under special conditions.-

If any person presenting any plaint, application or appeal to any Court

has reason to believe that any adverse party is an Indian Soldier who
is serving under special conditions, he shall state the fact in his plaint,
application or appeal.
Explanation-
(a) ―Court‖ means a Court other than a Criminal Court and includes
any such tribunal or other authority as may be specified by the
Central Government by notification in the Official Gazette being a
tribunal or authority which is empowered by law to receive
evidence on any matter pending before it and on the basis of
such evidence to determine, after hearing the parties before it,
the rights and obligations of the parties in relation to such
matter;
(b) "Indian Soldier" means any person subject to the Army Act,
1950 (46 of 1950), or the Air Force Act, 1950 (45 of 1950), or
the Navy Act, 1957 (62 of 1957);
(c) ―Serving under special condition‖ means a condition as defined
in Section 3 of the Indian Soldiers (Litigation) Act, 1925, as
amended from time to time.
In these cases, provisions of Indian Soldiers (Litigation) Act, 1925, and
Rules made there-under, shall apply mutatis mutandis as given in
Appendix-H.

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 ORDER 22
MUNICIPAL SUITS AND APPEALS
In matters of suits and appeals by or against
municipality/municipal council/municipal corporation; in addition to
General Rules, as applicable to pleadings, applications, petitions and
appeals of whatever nature, following rules shall also apply-

1. All pleadings, applications and petitions of whatsoever nature, and also

powers of attorney and certificate of pleaders, filed in the course of
civil judicial proceedings, shall be printed on stout durable paper of full
scape size in Vernacular/ English:
Both side of the paper shall be used, and a quarter margin,
together with at-least one & half inch of space at the top and bottom
of each sheet, shall be left.

2. At the time of presentation of any Suit/ Application/ Appeal, written

statement or reply as the case may be, by or against
municipality/municipal council/municipal corporation. Such party shall
also file an email ID and registered mobile number where service can
be effected. Such party shall also file an undertaking stating therein
that any service transmitted electronically on such email ID or
registered mobile number shall be deemed to be sufficient service on
such party concerned.

3. In any Suit/ Application/ Appeal where matter in dispute is immovable

property, a site plan to the scale, together with appropriate number of
coloured photograph, shall also be submitted along with such suit/
application/ appeal; duly authenticated on oath by the party/ pleader
submitting such document.

4. Any suit or appeal by municipality/municipal council/municipal

corporation, as the case may be, instituted by such officer of the
municipality/municipal council/municipal corporation duly authorized
by the Board.
A municipal board/ municipal council/ municipal corporation shall
by general resolution authorize and notify such officer.

5. Presentation.— Every Suit/ Application/ Appeal of whatsoever nature

shall be filed before such official appointed by the court or by the
District Judge to receive such presentation.
No such presentation shall be made across the Dais during court
hours.
Provided, that such presentation may be made in the court on
the ground, of limitation, or other urgent reason, if any.
The Presiding Officer when accepting such presentation during
court hours or after court hours will make a note on such papers, the
time of presentation.

6. At the time of presentation, the following entries shall be made by the

official concerned:—
(a) date and time of Presentation,
(b) name of presenter,
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(c) classification of suit/ application/ petition, and

(d) court fee paid.
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7. Contents of Memorandum of appeal-

(1) The cause title of every memorandum of appeal shall contain -

(a) The designation of the Court;
(b) The name, age, description and address of each appellant;
(c) The name, age, description and address of each person who is
proposed to be made the opposite party;
(d) The status (whether plaintiff, petitioner, defendant, non-
petitioner etc.) of the parties in the Court of first instance, if
any;
(e) Date of the impugned judgment/order; and
(f) Case number in which such judgment / order was passed by the
original Court;
(g) Facts of the case in brief;
(h) Grounds, numbered serially;
(i) Relief prayed for;
(j) It shall be stated as to whether it is first or subsequent appeal
against the impugned order. If subsequent, the particulars and
result of earlier proceedings shall be disclosed;
(k) It shall also be stated as to whether there is any connected
appeal against same judgment/order is pending, if yes, the
details if any; and
(l) It shall also be stated that the appellant(s) has not filed any
memorandum of appeal/ revision before High Court.
(2) Every such memorandum of appeal shall be accompanied by a
certified copy of the impugned judgment or order together with
certified copy/ copies of other relevant record necessary for
decision of appeal, with affidavit certified to be correct by the
party supplying them or his advocate, as the case may be.
Provided, that Court may dispense with the requirement of filling
certified copy of the judgment/ order.

8. Duty of official concerned of the court in respect of Suit/

Application/ Appeal— (1) After presentation, official concerned of
the court having jurisdiction, shall examine each suit/ application/
petition presented to him, and shall report thereon, whether-
(a) the provisions of the Code and the Court Fees Act have been
observed ,
(b) the claim is within the jurisdiction of the court,
(c) constitutes a cause of action,
(d) has been presented within the period of limitation.

9. Provisions of ADR to be mentioned-

In every summons/ notice, provisions of ADR shall also be mentioned

at appropriate place.

10. Requisition of Record-

In case of appeal against the order, no record shall be called from the
Court in which original case is pending, however, record can be
obtained, if already consigned to record room by means of a
requisition in the prescribed Form (F.130)
Provided, if in the opinion of the court, original record is
essential for decision of the appeal, in that case, record can be called
at the time of hearing/ decision, and such record shall not be detained
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for more than fifteen days.

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11. Mode of proof of record-

 (a) A copy of any receipt, application, plan, notice, order, entry in a
register or other document in the possession of a
municipality/municipal council/municipal corporation shall, if duly
certified by the record keeper thereof or other person authorized
by it in this behalf, be received as prima facie evidence of the
existence of the entry or document and shall be admitted as
evidence of the matters and transaction therein recorded in
every case where, and to the same extent as, the original entry
or document would, if produced, have admissible to prove such
matters.
(b) No municipality/municipal council/municipal corporation officer
or servant shall, in any legal proceeding to which a
municipality/municipal council/municipal corporation is not a
party, be required to produce any register or document, the
contents of which can be proved as aforesaid by a certified copy,
or to appear as a witness to prove the matter and transactions
recorded therein unless by order of the court made for special
cause.

12. Interim relief.-

If any interim relief is granted in favour of plaintiff/ applicant/

appellant in relation to any alleged encroachment/ unauthorized
occupation, such matters shall be heard on priority, no adjournment
beyond seven days at a time shall be granted to any party in such
matters.

13. No civil court shall in the course of any suit/ application/ petition/
appeal grant any temporary injunction or make any interim order-
(a) Restraining any person from exercising the powers or performing
the functions and duties of a member Chairperson, Vice-
Chairperson, Officer or servant of a municipality/municipal
council/municipal corporation or a committee or sub-committee
of a municipality/municipal council/municipal corporation on the
ground that such person has not been duly elected or appointed
as such member, chairperson, vice-chairperson, officer or
servant, or
(b) Restraining any person or persons or any municipality/municipal
council/municipal corporation or committee or sub-committee of
a municipality council/ corporation from holding any election or
from holding any election in any particular manner.

14. No compromise in any suit/ application/ petition/ appeal or prosecution

shall be taken on record unless duly authorized and authenticated by
the appropriate authority.
A municipal board/ council/ corporation shall by general
resolution authorize and notify such authority.
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 ORDER 23

APPOINTMENT OF RECEIVER
1. Application for appointment of Receiver—

Every application for the appointment of a receiver shall be made in

writing and shall be supported by an affidavit.

2. Register of Receivers—

As soon as an order for the appointment of a receiver being drawn up

and issued, an entry shall be made in a register to be kept for the
purpose. A copy of the order of appointment together with terms of
reference shall also be sent to the receiver appointed.

3. Receiver other than official receiver to give security—

Where 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 court for the due
performance of his duties as Receiver. The court may take the
personal bond of the receiver with such number of sureties as the
court may consider necessary. The amount of the bond shall be in
proportion to 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.

4. Surety may point out omission(s) or neglect of duty cast on

part of Receiver—

If the security mentioned in Rule 3 is 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.

5. Receiver to submit report—

Unless 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.

6. Maintenance of Accounts—

The receiver shall maintain true and regular accounts of the

receivership and shall in particular maintain a cash book in which shall
be entered from day to day all receipts and payments and also a
ledger. He shall also maintain a counterfoil receipt book with the
leaves numbered serially in print, from which shall be given, as far as
possible, all receipts for payments made to the receiver.
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7. Directions for investment of moneys in the hands of the
receiver.—

(1) Unless the Court otherwise directs, the receiver shall, as soon as
may be after his appointment, open an account in the name of
the receivership in such banks as the Court may direct and shall
deposit therein all moneys received in the course of the
receivership immediately on receipt thereof save any minimum
sums that may be required for meeting day to day current
expenses. All payments by the receiver shall, as far as possible,
be made by cheques drawn on the bank account.
(2) The court, in consultation with the parties, may give appropriate
directions for the investment of all sum received by the receiver.

8. Notice to surety of application affecting surety’s risk—

The surety or sureties mentioned in Rule 3 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.

9. Powers of Receiver—

In the absence of any order in that behalf every receiver of immovable

property shall have all the powers specified in Order XL Rule (1)(d) of
the Code of Civil Procedure 1908, except that he shall not without the
leave of the Court—
(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.

10. Rule 8 applicable to manager or guardian—

Subject 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.

11. Receivers’ remuneration—

(1) The Receiver shall be entitled to such remuneration as the court

thinks reasonable.
(2) Whenever the properties are in charge of an official receiver the
above remuneration shall be credited to Government revenue.

12. Establishment and costs therefore to be detailed in the

appointment order—
95

The establishment, clerical or otherwise, required by a receiver, if any,

and the cost thereof chargeable to the estate or property of which he
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 is appointed receiver shall as far as possible, be detailed in the order
of appointment or in subsequent order.

13. No charge for additional establishment allowed—

Unless otherwise ordered, no charge for establishment shall be allowed

to the receiver.

14. Receiver to file half-yearly accounts—

(1) Every 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.
(2) Every 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.
(3) Parties shall be entitled to file objections upon the statement of
accounts submitted by receiver and the court shall decide the
same.

15. Auditing of difficult and complicated accounts—

In 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.

16. Order as to payment of balance—

(1) The 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.
(2) The court may make an enquiry as to the amount, if any, due
from the receiver, as shown by his accounts or otherwise, or an
enquiry as to any loss of the property occasioned by his willful
default or gross negligence and may order the amount found
due, if not already paid by the receiver or the amount of loss so
occasioned, to be paid by the receiver within a period to be fixed
by the Court.

17. Consequence of Receiver’s negligence to file accounts or pay

the balance etc—

Where any receiver neglects to file his accounts, or to pay the balance
or any part thereof as ordered, the Court may, from time to time, 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.
96
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18. Consequence or default by receiver—

Where 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.

19. Sale by Receiver-

Rules contained in Order 21 Rule 64 to 106 of Code of Civil Procedure,

1908 shall, with any necessary modifications, apply to sales held by
the Receiver.

20. Interim receiver—

Unless otherwise ordered by the Court, the provisions of this Chapter

shall apply mutatis mutandis to orders for appointment of interim
receivers.

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 ORDER 24

ARRANGEMENT AND PRESERVATION OF

JUDICIAL RECORDS
Section -I
General

1. Wrapping of a record or part of a record—

Each record, or when the record is maintained in separate parts, each

part of a record shall be wrapped in a durable file paper and shall be
stitched in book form.

2. Particulars to be shown on every sheet of application etc.-

(1) Every sheet of an application, petition, process, notice or order

in relating to a suit which will include a proceeding from the
institution of the suit down to the final decree shall bear on the
left hand centre portion of each paper (obverse side):—
(a) the name of the court in which the original suit was
instituted, or to which it was transferred;
(b) the register number and the year of the original suit
including CIN Number; and
(c) the title of the suit:
(2) Similarly on every sheet of an application, petition, process,
notice or order in or relating to an execution application shall
bear on the left hand centre portion of each paper (obverse
side):—
(a) the name of a court in which the execution application was
filed or to which it was transferred;
(b) the register number and the year of the execution
application; and
(c) the title of the execution application.
(d) the CIN Number.

3. Particulars to be shown on the title page of a record or part of a

record—

Each record or when such record is divided into parts, each part
of such record, shall have a title page (or wrapper) in the prescribed
form (F.122) showing the following particulars:—
1. Name of court.
2. Kind of case.
3. Title of case.
4. CNR Number.
5. Number and year of case.
6. Date of institution.
7. Date of disposal.
8. Date of consignment to record room.
9. Date of decision in appeal or revision.
10. Kind of file or part.
11. Class of record.
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4. Keeping of parts of a record—

When a record is divided into parts, whether each part shall be kept in
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a separate file or whether two or more or all the parts of a record shall
 be stitched together in one file, shall be determined in each case
having regard to the nature of the case and the size which the record
is likely to attain or has attained.

5. Recording of proceedings, notes depositions and reports in the

record—

(a) All proceedings, notes, depositions, memoranda and reports

shall be written on foolscap size paper. They shall be so recorded
as to leave sufficient margin on each side of the paper, so that
any writing may not be covered by the stitching or obliterated by
fraying at the edges.
(b) The practice of writing orders, reports `sherishta' or other
matter across the top and along the side of a page is forbidden.

6. General Index—

(a) As each case is instituted, the clerk-incharge of the record shall

prepare a General Index in (F.118) which shall be prefixed to
the record of every case and each paper as it is filed unless
otherwise directed in these rules shall be entered in the index,
along with its date of presentation, in the order in which they
were brought on record.
(b) The exhibit mark of every document admitted in evidence shall
be noted in bold letters and figures on the right hand margin of
the index (F.133) opposite the entry relating to such document.
(c) When a paper is removed from the record the fact of such
removal shall at once be noted in the General Index (F.133)
and the appropriate index of exhibits against the entry of that
paper.

7. Order-Sheet—

An order-sheet in the prescribed form (F.123) shall be maintained as

the second paper of the record in every suit or case. The order-sheets
are intended to be record of the progress of the suit or proceeding
from the date of the first hearing of the suit or proceeding. The order-
sheet shall be legible and complete and shall contain—
(i) A record of the presence of the parties by name and the names
of their recognised agents or counsel;
(ii) A record or each order passed and material event occurring in
the proceedings of the case on that date;
The expression "material event occurring in the case" used
in the preceding shall, without prejudice to its generality, be held
to include.—
(a) the filing of a plaint or written statement;
(b) the examination of parties under Order X Rule 1 and 2;
(c) the recording or amendment of issues;
(d) the examination and names of witnesses;
(e) the reading of the deposition of a witness examined by
commission;
(f) the filing of a commissioner's report and any objection
(oral or in writing) thereto;
(g) the present of witnesses when a case is adjourned;
(h) the hearing of arguments;
(i) the delivery of judgment;
99

(j) the signing of a decree;

(k) the filing of an application for review of judgment or
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amendment of decree; and

 (l) an order relating to a deposit, an order for repayment
thereof, or an order for issue of a re-payment order.
(m) Upon receipt of an application for re-payment, it will be
necessary to re-consult the original record, if original
record is already in court, the entry will be made in the
order-sheet of such record and initialed by the Judge; but
if the original record is in the record-room and the
procedure laid down for repayment has been followed an
entry of such order passed by the court shall be made by
the record-keeper under his own initials when the
application for re-payment is received by him for being
filed with the record.
(iii) An order, not being an order for adjournment or postponement,
the reasons for which are required to be recorded at length, shall
not be written on the order-sheet but only note of the order and
of the date on which it was made shall be entered on it. Every
entry upon the order-sheet shall be signed by the Presiding
Officer. Every order-sheet shall bear at its top the number and
the title of the case.
(iv) A record of the production of documents, admissions and denials
thereof by the opposite party and the decision on questions of
relevancy, if raised and the tendering of the documents in
evidence, their rejection impounding or return.

8. Entries in the order-sheet—

Entries in the order-sheet shall be made by the Presiding Officer or by

the Reader under the directions of the Presiding Officer and shall bear
the signatures or initials of the Presiding Officer.

Section II
Division of Civil Records into Classes

9. Division of records of judicial proceedings in Civil Courts—

(1) The records of judicial proceedings in Civil Court shall be divided

into three classes.

Class I
(a) Suits for or affecting immovable property, including suits
for foreclosure, sale or redemption other than suits for
arrears of rent or for a share in produce, when the right is
not disputed and only the amount is contested.
(b) Suits in respect of the succession to an office or to declare
the validity or invalidity of an adoption of otherwise to
determine the status of an individual.
(c) Suits relating to public trusts, charities, endowments,
rights or customs.
(d) The records of Execution cases, where possession of
immovable property is given in pursuance of the decree or
where immovable property is sold in execution.
(e) The records of Insolvency cases, where the court decides a
question of title to immovable property.

Class II
(a) Contested and uncontested suits and cases for succession
100

certificates-probate and letters of administration and for

the revocation of the same.
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 (b) Cases relating to the guardianship of minors and the
administration of their property.
(c) Cases relating the guardianship of lunatics and the care of
their estate.

Class III
(a) Records of all suits which do not come under Classes I and
II.

(2) The records of appeals against decrees and final orders shall
belong to the class to which the record of the original case
belongs.
(3) The records of appeal in cases other than those referred to in the
above sub-rule shall belong to Class III.
(4) The records of execution cases, where a question of
interpretation of decree is determined, shall belong to the class
to which the record of the original case belongs.
(5) The records of execution cases, except those referred in the
preceding rule, shall belong to Class III.
(6) The records of Insolvency cases, other than those referred
above, shall belong to Class III.
(7) The records of all other cases which do not fall in any of the
classes mentioned hereinbefore shall belong to Class III.

10. Arrangement of civil records—

(1) The record of an original civil suit or case shall be arranged in

four Parts A, B, C and D. It shall also entered in the index of the
part (F.124)
(2) (i) Part-A shall contain the following papers :-
(a) Index of papers.
(b) The Order-sheet.
(c) The plaint, petition or application together with any
schedule annexed thereto.
(d) Any process served upon the defendant together
with the return of service in cases decreed ex-parte.
(e) Written statements and oral statements of parties or
their counsel or other persons recorded under Order
X Rule 1 and 2 of the Code.
(f) The memorandum of issues.
(g) Any award of arbitrators or petition of compromise, if
given effect to in the decree, also the report together
with the map (if any) of a Commissioner in matters
relating to immovable property, if referred to or
given effect to in the decree, but not any portion of
the evidence taken by such Commissioner; also in
the case of minors or lunatics any order of the court
sanctioning a compromise as beneficial to the minor
or lunatic.
(h) Any order for administration or for partition or for
accounts or inquiry, with the direction given and the
judgment upon which such order is founded.
(i) The judgment or final order.
(j) The preliminary decree (if any) and the final decree.
(k) The copy of any judgment and decree passed in
appeal or revision.
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(l) Any other paper, which the Presiding Officer may, for
reasons to be recorded in writing order to be placed
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in Part-A.
 (ii) Part-B shall contain the following papers :
(a) Index of papers.
(b) All oral evidence.
(c) Vakalatnama.
(d) All petitions and papers not specified as included in
any other part.

(iii) Part-C shall contain the following papers : —

(a) Index of papers.
(b) List of documents admitted in evidence on behalf of
the plaintiffs.
(c) Documents admitted in evidence on behalf of the
plaintiffs.
(d) List of documents admitted in evidence on behalf of
the defendants.
(e) Documents admitted in evidence on behalf of the
defendants.

(iv) Part-D shall contain the following papers :—

(a) Index of papers.
(b) All summonses, processes, returns thereto, lists of
witnesses, petitions relating to the attendance of
witnesses or adjournments, proceedings calling for
or sending papers or records and affidavits relating
to matters mentioned in this sub-rule petitions for
grant of copies or for inspection of records and
papers relating thereto.
(3) The papers in each part of a record shall be arranged in the
order in which they are set forth in these sub-rules. When there
are several papers of the same kind, they shall be arranged in
chronological order except that when a witness has been cross-
examined or re-examined at a later stage of the proceedings,
such cross-examination or re-examination shall be attached to
his original deposition.
(4) The record of a civil appeal case shall be arranged in four parts
— A, B, C and D.
(5) (i) Part-A shall contain the following papers :-
(a) Index of papers;
(b) The Order-Sheets;
(c) The petition or appeal, together with copies of
judgments and decrees of lower courts;
(d) Any process served upon the respondent together
with the return of service in cases decreed ex parte.
(e) Any cross-objection filed by the respondent;
(f) Issues referred for trial by the appellate court with
the findings thereon;
(g) Any award of arbitrators or petition of compromise, if
given effect to in the decree, also the report together
with the map (if any) of a Commissioner in matters
relating to immovable property, if referred to or
given effect to in the decree, but not any portion of
the evidence taken by such Commissioner; also in
the case of minors or lunatics any order of the court
sanctioning a compromise as beneficial to the minor
or lunatic;
(h) Any order for administration or for partition or for
102

accounts or inquiry, with the direction given and the

judgment upon which such order is founded;
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(i) The judgment or final order.

 (ii) Parts-B, C and D shall be arranged in the same manner as
in an original case.
(6) The record of an execution case shall be arranged in two parts-A
and B.
(7) (i) Part-A shall contain the following papers:—
(a) Index of papers.
(b) The Order-sheet.
(c) The application for execution, together with any
schedule annexed thereto and the copy of the
decree.
(d) Any petition raising any question as to the
construction or effect of the decree and any counter
petition.
(e) The judgment of the court on such question.
(f) The copy of any judgment passed in appeal or
revision.
(g) Nazir's return of delivery of possession.
(h) Acknowledgement of receipt of possession.
(i) Court copy of certificate of sale.
(j) Receipt or acknowledgement of satisfaction of
decree.
(k) Power of attorney where it empowers the agent of
counsel to receive money.
(l) Order of commitment to civil prison and order of
release there from, together with the jail report of
execution of the order.
(ii) Part-B shall contain the following papers :—
(a) Index of papers.
(b) All papers not contained in Part A.
(8) The record of an investigation into a claim or objection preferred
during execution proceedings shall be separately compiled and
arranged as the record of an original case.

11. Paper taken out of a record to be replaced with a copy—

When a document in any record, civil or criminal, is made an exhibit in

another record, and is removed to that record, a certified copy of the
document shall be retained in the record from which the document is
removed and a note of the removal made on the general index or
order-sheet. The certified copy shall be prepared by the court, Reader
or clerk and shall be signed by the Presiding Officer of the court. After
the decision of the appeal or after the expiry of the period of appeal, if
no appeal has been brought, the document shall be returned to the
record of which it originally formed part, its place being taken by the
certified copy.

12. Documents forming basis of suit how dealt with.—

(1) A party filing an original document on which his suit or defence

is founded must file also a copy thereof. This shall contain at the
top, a note of the stamp duty paid on the original document. The
copy will either be prepared by the copying department on
payment of fees, or compared there on payment of one-quarter
of the charges for preparing a copy.
(2) The document or documents will be kept on a separate file called
103

supplementary 'C' file with an index.

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 (3) This supplementary file containing the original document or
documents and the index will be kept by the Munsarim or Reader
in a locked almirah and the key will remain in his custody.
(4) The certified copy will be placed on record of the suit and will
serve the purpose of persons inspecting the record. An
inspection of the file documents will only be allowed in
exceptional circumstances and will take place in the presence of
the Munsarim and under his control, and on its termination, he
will certify that he has counted the documents and seen that
none has been damaged or obliterated.
(5) The file of documents will be produced at the hearing of the suit
for the purpose of proving the documents but except when the
file is being shown to a witness, the file will remain on the table
of the Presiding Officer. On the termination of the hearing, the
Munsarim or Reader will take the file into his custody.
(6) When a record comes to an appellate court, the file of
documents will be kept in the custody of the Munsarim or the
Reader, as the case may be, of the appellate court.
(7) A party may ask the court to put any other document into a
sealed cover on the record or to add any document to
supplementary file 'C' and the court may do so if it thinks fit.
(8) After final disposal of a suit and orders on appeals if any
supplementary file 'C' with index will be added enblock to main
file 'C' before consigning the record to the record-room.

13. Munsarim's certificate as to papers on record.—

Before a record or part of a record is deposited in the record-room, the

Munsarim or Reader shall record a certificate in the following form at
the foot of the general index:—
"I have this ...... day of ....... examined the papers in this part
and find them to correspond with the general index; they bear (here
state number) court fee stamps of the aggregate value of Rs. ..........
All orders have been carried out. The file is complete up to the date of
this certificate."

When a record or part of a record has been taken from the

record-room into court, and any fresh papers have been added to it,
the Munsarim or Reader shall, before the record or part is again
deposited in the record- room, record a further certificate in the same
form as above, at the foot of any fresh entries in the general index.
Such further certificate shall refer to the added papers only.
104
Page
 ORDER 25

RECORD-ROOM AND THE PRESERVATION AND

DESTRUCTION OF RECORDS
1. The Record-room-

(1) Every data shall be preserved in digital/ electronic form on

electronic storage media in due course with the mechanism of
retrieval as and when required in terms of the provisions of
Information Technology Act, 2000 as amended time to time.
(2) Any record or papers can be destroyed after one year of
digitization reckoning from 31st December next ensuing
digitization.
(3) Till digitization of record in digital/ electronic form on electronic
storage media with the mechanism of retrieval as provided in
preceding rules, following rules shall apply in matter of
preservation and destruction of record.

2. Racks for each court—

A separate part of a rack or one or more separate racks in the

record-room shall be, as far as possible, assigned to each court the
records of which are consigned in the record-room.

3. Arrangement of records—

Records shall be kept in accordance with the dates of disposal of the

cases to which they relate.
Records of different kinds of cases, e. g., original suits, appeals, shall
be kept separately.
Records of execution cases relating to the same decree shall be kept
together.
Records of execution cases shall be kept in the same order in which
the records of the corresponding original suits are kept.

4. Transmission of record to record-room—

(1) At the beginning of every month, the complete record of all

suits, appeals or other cases decided during the month shall be
made up into a bundle; and on or before the twenty-fifth day of
the month or as directed by the District Judge, they shall be
transmitted to the record-room.
(2) Records of miscellaneous cases relating to suits shall not be sent
in the monthly bundle.
(3) Records of cases in which proceedings are stayed or in which
proceedings are held-up for any reason shall not be consigned to
the record-room.
(4) Every subordinate court shall on the 28th of every month submit
a certificate to the District Judge to the effect that all records
which should have been transmitted to the record-room have
been so transmitted or explain the cause of delay, if any, records
have not been transmitted. For the District Judge's court this
shall be done by the Munsarim of his court.
105

(5) If a completed record is required for use in the court in which it

was completed, or it has been requisitioned by another court, or
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if, for any other reason, a completed record is not sent to the
 record-room at the time specified in this rule; there shall be
sent to the record-keeper, in the monthly bundle, in place of
every such record, a copy of the form of requisition (F.130)
under which it has been detained, or transmitted elsewhere; the
record keeper shall deal with this as an original requisition.
(6) An insolvency case wherein an order of adjudication has been
made, shall not be deemed to be completed until the insolvent is
discharged.
(7) The records of decided execution cases shall be consigned to the
record-room at the end of each month in the manner indicated in
sub-rule (1). They shall be kept in the record-room in the
manner indicated in Rule 3.

5. Each bundle transmitted to accompany certain list of

contents.—

Each bundle transmitted to the record-room shall be accompanied by a

list of the records it contains prepared by the official in charge of the
records and signed by the Munsarim or the Reader of the court, as the
case may be. The list shall be prepared in duplicate on the prescribed
form (F.125) and a copy thereof shall be kept on the top of the
records before the bundle is closed, while the other copy duly signed
by the Record-keeper shall be kept with the Munsarim or the Reader of
the court concerned, as the case may be.

6. Procedure to be followed by a record-keeper-

With the bundle shall be sent an invoice in the prescribed Form

(F.126), the upper portion of which shall be filled up by the court
transmitting the record and shall be signed by the Munsarim or the
Reader of the court, as the case may be. On receipt of the bundle the
record-keeper after comparing the entries in the invoice with the lists
accompanying the bundles and with the number of records of each
class actually received, shall if the invoice be found to be correct, sign
the acknowledgment at the foot of it, and return it to the court from
which it was received. If the invoice be found to be incorrect, the
record-keeper shall acknowledge the receipt of the record actually
received, and shall report the discrepancy for the orders of the
Presiding Officer in-charge.

7. Packing and transmission—

Each bundle shall be sewn up and sealed in the presence of the Chief
Ministerial Officer of the court. In outlying courts at places where there
are no record-rooms, the bundles of each class shall be sewn up into
one large bundle and placed in a strong tinlined box provided with
duplicate keys, one of which shall remain in the court transmitting the
records and the other in the court to which the record-room is
attached.

8. Transmission of registers and books—

The rules for the transmission of record shall apply, mutatis mutandis
to the transmission of registers and books.

9. Bundles pending examination—

106

The bundles of records as received by the record-keeper shall, pending

his examination under the next rule, be kept in racks set apart for the
Page

purpose.
10. Record-keeper's examination of record received—

As soon as may be after the bundles have been received, the record-
keeper himself or through his deputy or assistant record-keeper shall
compare the papers in each record with the general index and satisfy
himself :—
(1) that the papers in the record correspond with those entered
therein;
(2) that each file contains the papers properly appertaining to it;
(3) that the document in the record bear no blots, erasures, or
interlineations, except those noted in column 8 of the general
index;
(4) that the papers bear the stamp entered in column 6 of the
general index;
(5) that the stamps have been duly cancelled ;
(6) that on each paper the number and aggregate value of the
stamps on it have been recorded ;
(7) that the rules made by the Government for regulating the
number of stamps to be used for denoting fees have been
complied with;
(8) that there is nothing suspicious in the appearance of the stamps;
(9) that all orders and exhibits have been duly signed;
(10) that all necessary receipts are in the record.

11. Record keeper's certificate of correctness or report to District

Judge—

If the record be found to be in order, the record-keeper, the deputy

record-keeper, or the assistant record-keeper, as the case may be,
shall record a certificate to that effect in the general index. If the
record be found to be defective in any respect, he shall in writing
report its condition for the orders of the Judge in-charge; and the
report with other papers consequent on it shall, after being entered in
the general index, be filed with the record. Such report shall be made
on the printed form (F.127) prescribed by the High Court.
If the judge orders the file to be returned for correction, the
record-keeper shall make corresponding entries in the form and deal
with the form as if it were issued on receipt of a requisition from a
court.
Where the court, of which the record has been found defective,
is at headquarters, it will be preferable, as a rule, to send for the clerk
at fault and have the necessary corrections carried out in the record-
room. The record while under correction and the clerk correcting it
should always be under the immediate eye of the record-keeper or of
a deputy record-keeper.

12. Examination when to be completed—

The examination of the records of each bundle received in the record-
room shall be completed within a month from the date of receipt.

13. List to be stitched into books—

As soon as the examination of the records in each bundle is
completed, the lists which accompanied the bundle, shall be stitched
into a file book and ordinarily at the end of the calendar year, the lists
if each class of records shall be separately bound up for each court, so
107

as to constitute registers of decided cases.

No other register of decided cases shall be kept up in the record-room.
Page
 If in any calendar year the number of sheets in any list is too small,
the list may be bound up at the end of 2 to 5 calendar years as
convenient.

14. Second punching of labels—

When a case is decided and consigned to the record-room, the record-
keeper, the deputy record-keeper or assistant record-keeper shall
punch a second hole in each court-fee label distinct from the first and
note the date of his doing so at the same time. The second punching
shall invariably be made in the middle of that part of the label on
which its value is printed but shall not remove so much of the stamp
as to render it impossible or difficult to ascertain its value or nature.

15. Arrangement of records in bundles—

(1) The record of a miscellaneous case arising out of a case, shall be
placed along with the record of that case.
(2) The records of other miscellaneous cases shall be kept in
separate bundles.

16. Treatment of miscellaneous cases relating to pending cases—

When a miscellaneous case has been disposed of in a month and the
main case out of which it has arisen is pending, the record of the
miscellaneous case will be kept with that case.

17. Arrangement of records and labeling of bundles—

In the bundle, the records shall be kept according to their serial
number in the list or register of disposed of cases, the bundles shall be
so arranged as to secure better facility of access to more recent
records.
On each bundle shall be painted, by means of a stencil plate or
otherwise the year and month and the class of records and to each
bundle shall be attached a label showing by their serial numbers the
earliest and latest records, for the time being, belonging to that
bundle.
The Judge-in-charge may assign different coloured bastas to the
different courts from which records are received.

18. Period of retention of books and register in Court before

consignment to record-room—
The following registers and books shall be retained in each court for
the period specified against each:—
S. Description of Register Reference Period of retention
No. Register or book No. to Rule in the Court
1 2 3 4 5
1. Dispatch register 252 & Order 27 One year after
253 Rule 4 completion
2. Register of 240 Order 27 One year after
Miscellaneous Judicial Rule 1 completion
cases not relating to
suits or other cases.
3. Register and books 254 to Order 27 One year after
kept by Amins 257 Rule 5, 6 completion
4. Register of receipts of 221 Order 15 Three years after
deposits Rule 8 the items recorded
in the register
108

have been
disposed of.
Page
 5. Register of 239 Order 27 Twelve years after
applications for Rule 1 completion.
execution of decrees
and orders.

6. Register of Civil suits. 238 Order 27 Fifteen years after

Rule 1 completion.

All other registers, books and papers specified in rules below

shall be retained until completion.
Not later than 31st March following the period above prescribed for
retention, the books, registers and papers shall be forwarded to the
record-room accompanied by a list in the prescribed form (F.128).
The list shall be pasted into a file book kept for the purpose in the
record-room, a separate file being assigned to each court.
Provided that, aforesaid Registers can be destroyed after One year of
digitization of record reckoning from 31st December next ensuing after
the digitization.
Provided, further that the data shall be preserved in digital/ electronic
form on electronic storage media with the mechanism of retrieval as
and when required in terms of the provisions of Information
Technology Act, 2000 as amended time to time.

19. Preservation and destruction of records.—

(1) Part-A of Civil records of Class I shall be preserved permanently.
(2) Part-A of Civil records of Class II shall be preserved for 50 years.
(3) Part-A of Civil record of Class III shall be preserved for 24 years.
(4) Application under order XXI, Rule 11 of the Code of Civil
Procedure.— In the case of execution applications of money
decrees the record shall be preserved for 12 years from the date
of the final decision in the execution case except in cases where
an appeal or revision or any other proceeding against the order
of the executing court is pending in a higher court or immovable
property has been attached in which case the record shall be
preserved for 24 years.
(5) Parts B and C of Civil records of Class I shall be preserved for 12
years.
(6) Parts B and C of Civil records of Classes II and III shall be
preserved for 6 years.
(7) Part-D of Civil records of all Classes shall be preserved for 3
years :
Provided that in cases in which an appeal or revision or any
other proceeding against the decree or order of the court is
pending in a High Court, the entire record shall be preserved till
the intimation is received from such higher Court about the
decision of such appeal or revision or such proceeding and till
the period of limitation for filing further appeal or revision
expires.

20. Period of retention of papers.-

The following papers shall be destroyed on the expiration of the
period specified against them computed from 1st January, of the year
succeeding that to which they relates (mentioned in the table)

S. Description of paper Register Reference Period of

109

No / book/ to rule retention

Form after date
No. of last
Page
 entry
1 2 3 4 5
1. Counterfoils of Amin‘s payment F.134 Order 30 Three
order Rule 21 months
2. Counterfoils of cash receipt F. 133 Order 30 One year
books of Amins. Rule 20
3. Invoice counterfoil F. 126 Order 25 One year
Rule 6
4. Counterfoils of receipts granted F. 151 Order 37 One year
for payment into court. Rule 4
5. Periodical statements, returns One year
and office copies of the same,
except annual returns and
statements.
6. Proceedings of other courts One year
and office forwarding
summons, notices
proclamations and the like.
7. Proceedings of lower courts One year
calling for records asking for
information and the like.
8. Reports from Ministerial One year
Officers not relating to
particular suits or cases.
9. Applications for leave, or from One year
candidates for employment or
any other proceedings, reports
and applications not relating to
particulars suits or cases.
10. Applications for renewal of Two years
certificates of pleaders and
cancelled certificates.
11. Counterfoils of certificate for F.132 Order 29 Three years
refunds of payments of court- Rule 24,
fees. 26
12. Counterfoils of repayment Twelve
order books. years

21. Period of retention of Books-

(1) The following books shall be retained for periods specified against
them (mentioned in the table)

S. Description of Books Regist Referenc Period of

No. er/ e to Rule retention
Book/ after date
Form of last entry
No.
1 2 3 4 5
1. Register of persons committed 243 Order 27 One Year
to jail. Rule 1
2. Memorandum Book of dates. 213 Order 10 -do-
Rule 1
3. Register of proceedings taken in 244 Order 27 -do-
execution of order received Rule 1
110

from the High Court

4. Despatch registers 252- Order 27 -do-
253 Rule 4
Page
5. Process register 250 Order 27 -do-
Rule 4
6. Process servers diary 231 Order 19 -do-
Rule 28
7. Register of order issued to 254 Order 27 Three years
Amins Rule 5,
Order 30
Rule 23
8. Amins diary 255 Order 27 One year
Rule 6
9. Amins proceedings register 256 Order 27 One year
Rule 6,
Order30
Rule 23
10. Register of fines, stamp duties 263 Order 37 One year
and penalties levied Rule 8,
17
11. Register of applications for 203 Order 6 -do-
copies Rule 3, 5
& 14
12. Inspection register 202 Order 2 -do-
Rule 16
13. List of unexpended petty 221 Order 15 Three Years
deposits Rule 8
14. Amin‘s Property/ Cash register 257 Order 27 -do-
Rule 6,
Order 30
Rule 23
15. Register of money orders 224 Order 15 -do-
received Rule 8
16. Register of Travelling Allowance 228 Order 15 -do-
bills Rule 8
17. Register of court-fees and 258 Order 27 -do-
process-fees Rule 7,
Order 43
18. Register of casual leave 214 Order 10 -do-
Rule 3
19. Stock-Book of Stationery & 206 Order 8 Five years
other consumable Articles Rule 2 after
completion.
20. Register of civil suits 238 Order 27 Sixty Years
Rule 1
21. Register of disposal of 239 Order 27 Six years
applications for execution of Rule 1
decrees and orders
22. Register of records requisitioned 249 Order 26 Six years
and returned Rule 8,
Order 27
Rule 1,
Order 42
Rule 4
23. Register of appeals from 245 Order 27 Six years
decrees disposed of Rule 2
24. Cash-book 227 Order 15 Twelve years
Rule 8
111

25. Register of miscellaneous cases 242 Order 27 Twelve years

(judicial) relating to other cases Rule 1
Page

26. Register of returned documents 241 Order 27 Twenty years

 Rule 1
27. Register of letters received 207 Order 9 Twenty years
Rule 4
28. Register of letters issued 208 Order 9 Twenty years
Rule 5
29. Register of Execution 239 Order 27 Twenty years
Rule 1
30. Register of receipts of deposits/ 221 Order 15 Twenty years
Repayment and lapsed amount. Rule 8
31. Register of miscellaneous 240 Order 27 Twenty years
judicial cases not relating to Rule 1
other cases
32. Register of miscellaneous 246 Order 27 -do-
appeals Rule 2
33. Register of appeals from 245 Order 27 -do-
decrees Rule 2
34. Classified catalogue of books 218 Order 12 Permanently
Rule 1
35. Stock register of furnitures 272 Order 48 Permanently
Rule 15
36. Register of closed registers 236 Order 27 -do-
37. Register of general letters and 210 Order 9 -do-
circulars Rule 15
38. File books of standing orders -do-
and circulars

(2) Before destruction of the service book of members of staff

should be verified and a note to that effect be made in the
service book of concerned:
Provided that no court subordinate to the District Judge
shall cause any book to be destroyed under this rule without
having first obtained his permission in writing to do so.

22. Monthly destruction of files or parts.—

Month by month, the files or parts of which the period for retention
has expired, shall be removed from their records under the personal
superintendence and responsibility of the record keeper and shall be
sold as waste paper in accordance with the instructions contained in
these Rules.

23. Powers of District Judge in regard to destruction of paper.—

(a) The District Judge may in his discretion, direct the retention, for
a longer period or permanently of papers which he may consider
likely to be useful in future, as containing the results of inquiries
or other information or the opinions of experienced officers, on
matters connected with the general administration of Justice or
of historical importance.
(b) No court subordinate to the District Judge shall cause any papers
or records relating to Accounts, Establishment or general
administration to be destroyed without obtaining the sanction of
the District Judge.
(c) Where no period for weeding any record, book or register is
prescribed, the District Judge shall order their destruction at his
discretion, and refer doubtful cases, if any, to the High Court for
instructions.
112
Page
24. Destruction of files selected for weeding.—
In the week of each quarter of the year, the record-keeper shall
submit to the Officer in-charge a list (Return No.4) of those cases in
which he has weeded out file 'C' and in which there are cumbrous and
bulky exhibits, such as account books, khatas, zamindari papers and
the like which have not been put up with the record of the trial.
The Officer in-charge, unless he sees cause to the contrary shall
cause a notice to be issued to the counsels or the parties concerned
that if such exhibits are not removed within the period specified in the
notice, they will be disposed of as waste paper on the last day of the
quarter in which notice is issued.
The notice will be in the prescribed form (F.129) and the Record
keeper shall be responsible that the notice is issued without delay.

113
Page
 ORDER 26
Production Return and Transmission of
Records

1. Prohibition against issue of records—

Ordinarily no record shall be issued, however on the requisition of a
Civil, Criminal or Revenue Court, of a Tribunal, of the Government, of
the Board of Revenue, of Commissioner of Excise, of the Inspector
General of Registration and Stamps and of any Government official
who requires the record in discharge of his official duties, record can
be issued by order of the Presiding Officer after placing on record the
certified copy of concerned record.

2. Forms of requisitions—
Every requisition for a record or portion of a record shall be made in
the prescribed Form (F.130). It should also be stated specifically in
the requisition why certified copies obtained in the usual manner by
the parties will not serve the purpose, and that the proper court fee
has been realized.

3. Procedure for sending requisitions out of Rajasthan—

A requisition under Order XIII, Rule 10 of the Code, a record
pertaining to, and in the custody of a High Court, other than the
Rajasthan High Court, or pertaining to, and in the custody of, a Court
subordinate to such other High Court, shall be transmitted through the
Rajasthan High Court at Jodhpur, and shall be accompanied by a copy
of the affidavit required under that provision together with a duly
certified translation into English, if such affidavit be not in Hindi. Such
requisition shall be forwarded to the High Court with a forwarding
letter clearly indicating the suit, appeal or proceeding in which the
record is required.

4. No Charges payable on requisition by court suo moto—

When a requisition for a record is made by a Court suo moto, the fact
should be stated in the requisition and no charges shall be levied from
any party.

5. Charges payable by a party for requisition—

When a record is requisitioned at the instance of a party, a court fee of
Re. 1 shall be charged as in the case of inspection of records. In
applications for refund, the procedure laid down in that connection will
also be followed. This fee shall be in addition to the court fee
prescribed by the Rajasthan Court Fees and Suits Valuation Act No.
XXIII of 1961.

6. Provision governing issue of record—

(1) When, at the instance of a party, a court requisitions a portion of
a record, it shall require the party to file a certified copy of the
portion required, and such copy shall be attached to the
requisition. The copy of copies will be placed on the record and
then the original document or documents shall be sent. When
the portion of the record is received back in the court or record
room, the applicant shall be entitled to have the copy returned
114

to him on application for the same.

(2) When it is not possible to obtain the certified copy of the portion
Page

required by the party, concerned party shall file an affidavit to

 this effect and copy of such affidavit shall be attached to the
requisition. The copy of affidavit will be placed on the record and
then the original document or documents shall be sent.
(3) Where the record is deposited in the same building it may often
be more convenient to send the whole record and not merely the
portion requisitioned. In such cases, the whole record and not
merely the portion asked for may be sent in answer to the
requisition.

7. Record keeper's procedure—

No requisition for a record or portion of a record shall be complied with
except in accordance with an order of the High Court, the District
Judge or of the Presiding Officer of the Court, in which the record is.
The record keeper or, with the sanction of the judge or the Presiding
Officer, as the case may be, the clerk in-charge of the record on
receiving such order, shall comply with the same and shall send the
record or the portion under cover of the prescribed for transmission
(F.131). The form shall be filled up by the Record-Keeper or by the
transmitting court, and in the remarks column the record-keeper or
Munsrim or the Reader, as the case may be, shall certify whether the
record or portion does or does not contain all the papers entered in the
general index or general index in relation to that portion of record. The
form of requisition received shall be placed in the bundle from which
the record was taken.

8. Register of requisitions—
The record-keeper and the Munsarim or the Reader, as the case may
be, of each court shall keep a register of requisitions for record
(Register No.249) and shall fill up relevant column as soon as the
requisition is received and when the record is transmitted.
A separate register of requisition shall be kept by each assistant
in the record room in-charge of records of a court or group of courts.

9. Return of Records—
When the record or a portion of a record is no longer required, it shall
be promptly returned to the record-room or the court from which it
was received, as the case may be, the necessary entries on the form
of transmission shall be made, and the original form shall be filed in
the suit for the purpose of which the record or portion was sent for,
and a copy of this form shall be returned with the record or portion. In
the remarks column of such copy the Sr. Munsarim or the Reader as
the case may be, of the court returning the record or portion shall
certify whether the record or portion does or does not contain all the
papers entered in the general index or general index in relation to that
portion of the record.

10. Procedure on return of record—

On receipt of the record or portion, the record-keeper or Munsarim or
the Reader, as the case may be, shall deal with it in the manner,
mutatis mutandis described in rule 16. In the case of records or
portion returned to a record-room, relevant applicable procedure laid
down in rule shall be followed. The record-keeper or Munsarim or the
Reader, as the case may be, shall then fill up relevant columns of the
register or requisition and shall file the requisitions with the record or
portion, and replace the record or portion in its bundle. The copy of
the form for transmission, returned with the record or portion shall
115

then be destroyed.
Page
11. Check on delay in return of records—
Once every three months the record-keeper and the Munsarim or the
Reader, as the case may be, of the courts shall lay the register of
requisitions before the District Judge or the Presiding Officer for orders
as to records or portions which have been issued more than three
months and have not been returned.

12. Records of cases appealed to the High Court—

Records of cases appealed to the High Court shall be submitted
forthwith on receipt of the precept calling for them, when the
subordinate court is unable to comply with the precept within the time
fixed for the purpose, it shall submit a report stating—
(1) the number of the High Court's precept;
(2) the number of the case in which the precept was issued;
(3) the names of the parties to the case;
(4) the reason for non-compliance;
(5) the date by which the compliance is likely to be made.
If the compliance cannot be made by such a date, a further
report shall then be made.
(6) Records of case appealed to the High Court will be returned for
deposit in the record room of the District Judge after the
expiration of 6 months from date of judgment in cases
appealable to the Supreme Court and after 90 days in other
cases.

13. Loss of record—

(1) Whenever it is discovered that a record or portion of a record or
a document on the file of a record is missing, the loss or theft
shall be immediately reported in writing to the Judge, in whose
district or office the loss or theft has occurred and he in turn
shall report the fact to the High Court and state the steps taken
to try and recover the paper or papers missing.
(2) If such lost or untraceable record is not recovered within 6
months of such report then steps shall be taken to reconstruct
the same.
(3) Steps for reconstruction will be taken after obtaining permission
from the District Judge concerned. In case the lost record of the
court of District Judge then step taken for reconstruction of the
same will be intimated to the High Court by the District Judge.

14. Records pertaining to a court—

Every requisition for a record or a portion of a record pertaining to a
court in a foreign country shall be sent to the High Court for being
forwarded to the Ministry of the Government of India dealing with
Foreign Affairs and shall invariably be accompanied by an affidavit in
the terms of Order XIII, Rule 10 of the Code. It should be stated by
the court summoning the record or a portion of it whether it has
satisfied itself that the production of the original record or a portion of
it is actually necessary.

Transmission
15. How to send records—
The following instruction shall be observed in connection with the
transmission of records to the High Court and with the transmission
upon requisition of records from one court to another and from a
116

record-room to a court and vice-versa.

(1) Except in the cases provided for in paragraph (5) of this rule,
Page

records shall be sent either by registered post parcel or by

 passenger train. Those sent by post parcel shall be, between July
and November, securely packed in wax cloth and sealed along
the seams at intervals of not more than 4 inches. Those sent by
rail shall be carefully placed either in gunny bag similarly sealed
or in well secured wooden box.
(2) The postage and the registration fee in the case of parcels sent
by post shall be fully prepaid by means of postage stamps.
Similarly, in the case of parcels sent by train, the freight shall be
prepaid.
(3) No parcel sent by post shall include, papers referring to more
than one case. If papers referring to more than one case are
enclosed in a parcel, or box sent by rail, a list shall always be
placed in the box containing the number of each record or
portion thereof and its weight as a separate parcel.
(4) All parcels sent by post or by rail shall be weighed before
dispatch in the presence of the Munsarim or the Reader or
record-keeper, as the case may be, and the weight shall be
noted outside.
(5) When the court requiring a record, is in the same station, as the
record-room, or the transmitting court, the record may be sent
by Government messenger, but it shall be secured by seals in
such a manner as to prevent the record being opened or papers
abstracted in transit without the seal being broken or the
fastening severed.
(6) An acknowledgment shall be invariably required from the court
to which a parcel containing a record has been sent and in the
event of none being received within a reasonable time, the
matter shall be brought to the notice of the Presiding Officer,
and an inquiry made to ascertain the cause. Such intimation
shall also be sent by email.

16. Examination of records on arrival—

(1) On arrival, the parcel containing the record shall be received by
the Munsarim or the Reader, as the case may be. He shall
examine it and have weighed. If it appears intact and not open
to suspicion he shall then make it over to the clerk in-charge of
the records, who shall forthwith check the papers it contains,
and see that they agree with the general index and order sheet.
If the record is found correct, it shall be so stated by the clerk in
the form of acknowledgment. If the record is found to be in any
way defective, a report shall be made without delay to the
Presiding Officer.
(2) If any parcel received by Munsarim or the Reader, as the case
may be, appears to have been tampered with, he shall have it
opened in the presence of an official of the post office or railway
in accordance with rules of those departments. He shall himself
check the papers and if any paper(s) to be missing, he shall at
once bring the matter to the notice of the Presiding Officer.

17. Applications of preceding rules to production, return and

transmission of registers, books etc—
The above rules will also apply to the production, return and
transmission of registers, books, etc.
117
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 ORDER 27
Civil Court Registers
1. Registers to be maintained in all courts—
Notwithstanding otherwise provided in these rules, the
concerned clerk in every Civil Court shall regularly maintain the
registers mentioned in Appendix-E.
(1) Register of Civil Suits (Register No.238).
(2) Register of execution applications (Register No.239).
(3) Register of Miscellaneous Judicial cases not relating to other
cases (Register No.240), a list of which is printed on the form
in the appendix.
(4) Register of Returned Documents (Register No.241),
(5) Register of Miscellaneous Cases judicial, relating to other cases
(Register No.242).
(6) Register of persons committed to jail (Register No.243).
(7) Register of proceeding taken in execution of orders received
from the High Court (Register No.244)
(8) Register of records requisitioned and returned (Register
No.249)
(9) Register of person summoned and examined (Register
No.259)
(10) Register of injunctions and stay orders (Register No.237).
(11) Register of Closed Registers (Register No.236).

2. Additional Registers for appellate Courts—

(a) The following registers shall also be maintained in the Courts
exercising appellate powers:—
(1) A Register of Appeals from Decrees (Register No.245)
(2) A Register of Miscellaneous Appeals from order (Register
No.246)

3. All Civil Courts authorized to hear revisions under the Gram Panchayat
Act shall maintain a Register of Revisions under Gram Panchayat Act
(Register No.247).
All Civil Courts authorized to hear revisions under the Rajasthan
Relief of Agricultural Indebtedness Act, 1957 shall maintain a Register
of Revision under the Rajasthan Relief of Agricultural Indebtedness
Act, 1957 (Register No.248)

4. Nazir's Registers and dispatch Register—

Every Nazir shall maintain.—
(1) A Process Register (Register No.250)
(2) A Register of Peons (process servers) (Register No.251)
(3) Dispatch Register (Local) (Register No.252)
(4) Dispatch Register (Postal) (Register No.253)
(5) The Dispatch Register may be used by court officials and by the
Central Nazir or Nazir for transmission of papers other than returns of
service of processes to and from their respective offices.
The Peons Register shall have separate pages allotted for entries
about the work of every process server.
It shall be written up by the Nazir or officer deputed by him upon
the return of a process server after serving a warrant, summons or
notice.
118

At the end of the month the several columns shall be totalled up.
In the remarks column the District Judge and the officer-in-charge of
Page
 the Nazarat shall give such remarks and orders as they consider
necessary.

5. Register of orders to Amin—

In every Civil Court a register shall be maintained in the prescribed
form (Register No.254) of all orders issued to Amins. This register
shall be checked by the Presiding Officer weekly and he shall note in
his own handwriting, whether explanation given of delay is or is not
satisfactory, and if it is not what orders have been passed.

6. Register to be kept by Amins—

Every Amin shall keep in his own handwriting a Diary in the prescribed
form (Register No.255), a proceedings Register (Register No.256)
a property Register and Amin‘s Cash Register (Register No.257).

7. Register of process-fees and Court-fees—

A register of Court–fee and process-fees (Register No.258) shall be
kept in each Court by such officer as the Presiding Officer may appoint.

8. Work under different legislation—

(1) Where any appeal, case or execution application under any
existing law or under any law which may be made thereafter,
other than those provided for in the Code or in these rules is
instituted in any Civil Court, it shall be treated for statistical
purposes as a regular appeal, miscellaneous case, or execution
proceeding; as the case may be, and entries will be made in the
appropriate registers and in the periodical returns accordingly:
Provided that where any election case is instituted in any
court in accordance with any law such a case shall be treated as
a regular suit for statistical purposes.
(2) In the remarks column of the registers, the section and the Act
under which such appeals, cases or execution applications are
instituted shall always be noted, and in the periodical returns,
the figures for each type of appeals, cases or execution
applications shall be separately shown and at the bottom they
should be totalled.

9. Forms of Registers—
Forms of the registers to be maintained are given in Appendix-E.
119
Page
 ORDER 28
Returns and Reports
1. Quarterly Statements of work done and pending files—
Every subordinate court shall submit to the District Judge by the 10th
April, 10th July, 10th October and 10th January, a statement in soft
copy of the work done in that court during the quarter ending 31st
March, 30th June, 30th September and 31st December(Return No.5).
The District Judge shall by the 15th of April, 15th of July, 15th of
October and 15th of January send to the High Court a similar
statement showing the work done in his court during the quarter
ending 31st March, 30th June, 30th September and 31st December
(Return No.5) along with the quarterly statement for his court the
District Judge shall send to the High Court the statement of the work
done in the Courts subordinate to him.
On receipt of these statements District Judges shall make such
short comments as they may think necessary and shall send
comments with any necessary orders to the officers concerned,
forwarding a soft copy to the High Court for information.

2. Every subordinate court shall submit to the District Judge by the 10th
April, 10th July, 10th October and 10th January a quarterly statement
in soft copy of pending regular suits and executions stayed by orders
passed by High Court (Return No.6). The District Judge shall then by
the 15th April, 15th July, 15th October and 15th January send a
consolidated statement in soft copy (including cases of his own court)
for the regular suits and execution stayed by the High Court
(Return No.6) to the High Court.

3. Annual Report (Return No.9)—

District Judges shall submit to the High Court a report for the year on
the administration of Justice in his/her judgeship. The following
matters shall be noticed in the Annual Report. —
(1) the condition of judicial buildings;
(2) the preparation, arrangement and transmission of records;
(3) the cancellation of stamps;
(4) the classification, registration of correspondence, circulars and
returns;
(5) the distribution and preservation of circulars and, general
letters;
(6) the destruction of records;
(7) the condition of the District Court Library;
(8) the result of inquiry into the sufficiency of security given by
members of staff wherever necessary;
(9) the working of the rules under section 71 of the Rajasthan Court
Fees & Suits Valuation Act, No. 23 of 1961.
(10) the condition of accounts of the courts;
(11) the working of the rules relating to Courts;
(12) the observance of the rules as to hours of sitting;
(13) the observance of the rules relating to check of Amin‘s work by
the Officer-in-charge;
(14) any work done by an officer which does not appear in the
returns e.g. election work, work in administrative tribunals. The
120

number of days spent over such a work shall also be indicated;

and
Page

(15) Proposals for new courts with proper justification.

 In the preparation of their annual reports, officers should refrain
from the expression of censure or criticism of officers of other
departments of the Government. If it is though necessary than it
should be brought to the notice of the High Court by a separate report
for further action.

4. Remarks about subordinate Judicial Officers—

Along with or soon after the annual reports, before the end of February
each year, District Judges should forward confidentially to the High
Court, their remarks on the prescribed form (Return No.10) about
subordinate judicial officers.

5. Restriction against calling for extra returns by the District

Judges—
In calling for returns other than the ordinary returns to enable him to
supervise work, the District Judge shall see that such returns are brief
in form and easily collected from existing registers.

6. Examination of adequacy of Securities—

The adequacy of all securities shall be examined every year between
April and June 30. When it appears to the District Judge that the value
of a security has from any cause become insufficient, he shall call upon
the official for whom such security was furnished to furnish adequate
and sufficient security within a definite time and he shall in the mean
time obtain a personal bond with sureties for the deficiency of his
security. When there has been no mutation of ownership or sensible
depreciation of the property pledged, it will be unnecessary to renew
the security bond.

7. List of returns and reports and forms thereof—

List of returns and reports to be submitted and forms thereof are given
in Appendix-F.

121
Page
 ORDER 29
PROCESS FEES AND COURT FEES.
Process Fees

1. Scale of process fees and poundage.—

In all the civil courts in Rajasthan, the fee exhibited in the
following table shall be charged for serving and executing the several
processes against which they are respectively ranged:—
Table of fees
Article 1.—
Summons to defendants, notice of appeal or other notice to
respondents and notice to non-petitioners and judgment debtors :
(a) When they are not more than four in number one fee
Rs.10/-14.
(b) When they are more than four in number then the fee above
mentioned for the first four, and an additional fee for every such
person in excess of four : Rs.5/-15
Provided that the aggregate amount of the fees levied under this
article shall not exceed Rs.100/-16

Article 2.—
Summons to witnesses when the witnesses are not more than
four in number, one fee Rs.10/-17
When such witnesses are more than four in number, then the fee
above mentioned for the first four, and an additional fee for every such
witness in excess of four Rs.5/-18

Article 3.—
Every order of attachment Rs.50/-19

Article 4.—
In respect of the services of the officer making an attachment in
the manner prescribed in Order XXI Rules 43, 44, 51 and 54 and
section 46 of the Code when the property is to be attached in one town
or village only, one fee- Rs.50/-20

When property is to be attached in more than one town or

village, then the fee above mentioned for the first town or village
specified in the order of attachment, and an additional fee of three
rupees for every other town or village :
Provided that the aggregate amount of the fees levied under this
article shall not exceed 21hundred rupees

Article 5.—
Every warrant of arrest in respect of each person to be arrested
Rs.50/-22

14
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
15
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
16
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
17
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
18
122

Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
19
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
20
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
21
Page

Substituted vide Notification No. 03/S.R.O./2020 dt. 02.09.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.18.09.2020
22
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
 Article 6.—
In a respect of the services of each official in whose custody a
judgment-debtor is left under Order XXI Rule 40(3) of the Code per
diem Rs.50/-23
Note :— Fees will be paid under this article in advance for such period
as the court may from time to time direct.

Article 7.—
Every order for the sale of property–
(a) in respect of the order of sale Rs.50/-24
(b) by way of poundage on the full amount of the purchase money—
If the sale be effected through a broker under order XXI Rule 76
of C.P.C. (Act No. V of 1908). The Commission payable to the broker
and in addition a sum equal to one quarter of such commission.
Note:— The portion (a) of this fee must be paid when the process is
obtained, and the poundage (b) at the time and in the manner
prescribed in these rules.

S.No. Amount Rate

1 Upto Rs.10,000/- 2.5%25 of the amount
2 Above Rs.10,000/- and Rs.250/-26+1.5%27of amount
not exceeding Rs.1,00,000/- exceeding Rs.10,000/-
3 Above Rs.1,00,000/- Rs.1600/-28+0.5%29of amount
exceeding Rs.1,00,000/-
subject to maximum of
Rs.10,000/-30

Article 8.—
In respect of the services of the officer making delivery of
possession of property under Order XXI Rule 31, 35, 36, 95, 96, 98 or
101 of the Code, or under any other law when property is to be
delivered in one town or village only one fees. Rs.500/-31

When property is to be delivered in more than one town or

village, then the fee above mentioned for the first town or village
specified in the warrant of delivery, and an additional fee of one
hundred fifty rupees32 every other town or village.
Provided that the aggregate amount of the fees levied under this
article shall not exceed one thousand rupees33.

2. Payment of process fees and other expenses—

Except otherwise provided by any rule or specially ordered by a court,
no process shall be drawn up or issued for service or execution, as the
case may be, until the fee chargeable under these rules has been paid
in court fee stamps.

23
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
24
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
25
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
26
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
27
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
28
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
29
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
30
123

Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
31
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
32
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
33
Page

Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
3. Exemptions—
Notwithstanding Rule 1, no fee shall be chargeable for serving or
executing,—
(1) any process which may be issued by any court of its own
motion;
(2) any process issued second time in consequence of an
adjournment made otherwise than at the instance of a party or
an intervener;
(3) any copy of a warrant, order or certificate pasted under Order
XXI Rule 36, 54 or 96 of the Code when the fee chargeable
under Article 3 or Article 7 of Part I has been paid;
(4) any copy of summons, notice, order, proclamation or other
process pasted in a court house or in the office of a Collector;
(5) any order intimating withdrawal of attachment of postponement
of sale;
(6) any order intimating to a sales officer that permission has been
given to a decree-holder to bid for or purchase property under
Order XXI Rule 72, C.P.C.;
(7) any copy of a notice of an application under Act No. VIII of 1880,
Guardians and Wards Act sent to a Collector;
(8) any order directing an officer-in-charge of a jail to detain or to
release a person committed to his custody.

4. No fees to be charged for fresh service on execution of

processes in certain cases—
(1) No fee shall be charged for fresh service or execution of
processes in cases in which any processes are not served on
account of a mistake of the officer or fault of the process-server.
(2) A summons or notice served under Rule 13, 14, 15 or 17 of
Order V of the Code shall be deemed to have been served for the
purpose of this rule, even though the service is held to be
insufficient under Order V Rule 18.

5. Unexpended process fee—

(1) No fee paid in respect of an order of attachment or an order of
sale shall be refunded if the order in respect of which the fee has
been paid, has been passed.
(2) If, for any reason, it becomes unnecessary for an officer to
proceed to make an attachment in the manner prescribed in
Order XXI Rule 43, 44, 51 or 54 or delivery of possession of
property under Order XXI Rule 31, 35, 36, 95, 96, 98 or 101 of
the Code, any fee paid in respect of his services shall be
refunded after a deduction at the rate of 20 percent.

6. Poundage—
When any sale in execution of a decree of a Civil Court is conducted
by a Collector, a fee shall be payable by way of poundage on the full
amount of the purchase-money at 5 percent.
The fee payable shall be deducted by the Collector from the sum
deposited under Order XXI Rule 84 of the Code by the purchaser, and
shall be credited to Government.

7. Mode of paying poundage—

(1) When any sale in execution of a decree of a civil court is
conducted by a Sales Amin, the fee payable by way of poundage,
on the full amount of the purchase-money shall be paid in
124

stamps, which shall be affixed on the first application, if any,

filed for payment of such purchase–money out of court, whether
Page

it is or is not made by the person who obtained the order of sale,

 or whether it does or does not extend to the whole of the
purchase money. If no such application is filed, than the stamps
representing the fee payable shall be affixed on the office report
on which the Court has recorded its order for payment. If such
an application is filed, it shall bear the requisite stamps for the
fee, in addition to such stamps, if any, as are needed for its own
validity :
Provided that when such fee has once been paid in full in
respect of any sale, no further fee shall be payable in respect of
the same sale:
Provided also that the party paying such fee shall be paid
the amount of it out of the purchase-money prior to the
distribution thereof among the persons entitled thereto:
Provided also that when a sale of immovable property is
set aside under Order XXI Rule 92 (2) upon applications under
Order XXI Rules 90 and 91 of the Code, no fee shall be payable
by way of poundage on the purchase-money.
(2) When a sale of immovable property is set aside under Order XXI
Rule 92(2) upon application by the judgment-debtor under Order
XXI Rule 89, fees due by way of poundage shall be payable by
the judgment-debtor and shall be paid in stamps affixed to the
application to set aside the sale.
(3) When a sale is made under either Rule 65 or Rule 76 of Order
XXI of the Code by a person other than an officer of the court,
an Amin or a Collector, the procedure in this rule herein before
prescribed shall be followed, but the amount of the poundage fee
to be paid in stamps shall be the full amount chargeable under
Rule 1, less the amount of such person's commission.
Where the amount of special Amin's commission exceeds
the poundage fee chargeable under Rule 1, no such poundage
fee shall be levied.
Such commission shall be payable out of the sale proceeds
next after the payment mentioned in the second proviso of sub-
Rule (1) of this Rule.

8. Poundage fee to be deducted from the deposit—

If default is made in the payment of purchase-money within the time
specified in Order XXI Rule 85 of the Code, the fee payable by way of
poundage shall be deducted from the deposit paid under Order XXI
Rule 84, and stamps representing such fee shall be brought and
affixed by the court on the order directing the deduction to be made.

9. Poundage less than Rupee One—

Any fraction of Rupee one in a fee payable, by way of poundage shall
be remitted.

10. Wages of chainmen and incidental charges—

Incidental charges, such as the wages of chainmen and the like, shall
be levied in cash. Their amount will be at the discretion of the court
and they shall be paid by the party named by the court before the
Amin is deputed.

11. Amin's deputation fee when sale is not held—

(1) Before an Amin is deputed to sell property a payment shall be
required on the following scale to meet the expenses of his
deputation in the event of no sale taking place by reason of the
125

claim being satisfied or for any other cause :—

When the amount, including interest due upon the decree or
Page

order does not exceed Rs. 10,000/- 2% of the amount

 When such amount exceeds Rs. 10,000/- but does not exceed
Rs. 50,000/-Rs.200 + 1 % of the amount exceeding Rs.10,000/-
subject to a maximum cap of Rs.2000/-
(2) If the sale takes place the above amount shall be deducted from
the poundage payable under rule 1 and if for any reason, it
becomes unnecessary for the Amin to proceed to the place
where the sale was to be held, the payment made under this
rule shall be refunded, after deduction at the rate of 1 percent
in the rupee or part thereof subject to a minimum of Rs.100/-
and maximum of Rs.500/-. In no other case refund shall be
allowed.

12. Process fees taxable as costs—

The fee paid in pursuance of these rules shall in all proceedings be
deemed and treated as part of the necessary and proper costs of the
party who pays them; provided that no fees or charges which have
been refunded, or in respect of which a party might have obtained a
refund, shall be deemed and treated as necessary and proper costs
within this rule.

13. How to file process fees—

Process fees payable under these rules shall, except where otherwise
indicated, be paid in adhesive Court–fee stamps pasted on a separate
sheet of paper on which shall be written the particulars of the case in
which the process is to be issued and the description of the process of
which it be the fees.

14. Proclamation of a notice by beat of a drum—

When a notice has to be proclaimed by beat of drum (as under rule 8
(3) of Chapter V, Probate of the III Volume of the Manual of Civil Court
Rules, 1984 or Order XXI rule 54, it can be done by beat of drum or
any other electronic mode), the actual expenses of proclaiming the
notice by beat of drum or any other electronic mode shall be levied in
cash. The amount of such expenses will be at the discretion of the
Court and shall be tendered in cash with every application for the issue
of such notice.

15. Punching and cancellation of stamps—

(1) Each Judicial Officer should under section 68 of the Rajasthan
Court Fees and Suits Valuation Act, 1961, formally appoint an
officer for the purpose of cancelling stamps. That officer, who
should ordinarily be the reader for documents filed in court and
the Munsarim authorized to receive any applications for
documents presented before him, shall personally attend to, and
be personally responsible for the strict fulfillment of the duty of
receiving documents to be filed, examining the correctness and
adequacy of the stamps attached thereto and immediately
cancelling such stamps as are required by section 68 of the said
Act. Such ministerial officer can appoint other trustworthy
subordinates to do the more manual work of cancelling the
stamps subject to the approval of the court, but it will be on the
distinct understanding that, that officer will be personally
responsible for the due execution of duty and for any defalcation
or fraud that may occur in connection with it.
(2) The Presiding Officer should see that punching is done
immediately on presentation of the petitions and other
126

documents in court.
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 (3) A rubber stamp in the following form shall also be used :-

CANCELLED DATED……………..
(4) It should be applied across the adhesive stamps and upon the
paper on either side of it but not in such a way as to obliterate
the entries thereon or to render the detection of forgeries more
difficult.
(5) Strict compliance with the provisions of section 68 of the said Act
is enjoined. In all cases it should be carefully seen that the figure
heads of the court–fee stamps are punched out that the pieces
are destroyed, and the stamps registered before the documents
to which the stamps are attached are filed or acted upon.
(6) Every Judicial Officer should inspect and test the work of his
officials from time to time so as to ensure attention to their duty
and to limit opportunities for fraud. A very efficient check could
be kept on any attempt to defraud Government, if each Presiding
Officer examines daily some of the record he handles and if he
also examines periodically bundles of records of cases dealt with
by him, taken out at random from the shelves in which they are
placed.

16. Aggregate value and number of stamps to be noted—

The official entrusted with the work of cancellation and first punching
of court-fee labels and impressed stamps shall legibly record on the
documents, below the stamps, the aggregate value and number of the
stamps used to denote each separate fee.
When two or more impressed stamps are used, the official
concerned shall record the aggregate value and number of stamps on
the first sheet and on the other sheets he shall make a note that it
forms part of that particular documents.

17. First punching of labels on copies etc—

The Court or office issuing copies, certificates or other similar
documents liable to stamp duty shall, before issue, cancel the labels
affixed to them by punching out a portion of the label in such a
manner that the value expressed therein is not removed.

18. Destruction of pieces punched out—

The portion of the stamp removed by the punching prescribed in these
rules shall be burnt or otherwise destroyed by the officer charged with
the duty of punching it out.

19. Forgery of stamps to be reported to Government—

The Presiding Officer of every Civil Court shall report immediately to
the State Government, through the Inspector General of Stamps and
Registration Rajasthan, any instance of forgery or fraudulent use of
any description of stamps, whether general, Judicial or Postal coming
to his notice. Such report shall be accompanied by full particulars as to
the nature of the forgery or fraud perpetrated, and, if possible by
specimens.

REFUND
20. Authority to refund Court-fee and process-fee—
The Court may Order refund of Court Fees under sections 61, 62 and
63 of the Rajasthan Court Fees and Suits Valuation Act, 1961 and
127

rules made there under and refund of Process Fees may also be
ordered as per provisions of these rules.
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21. Refund of Court-fees on Order of demand—
When a suit is remanded on appeal by an order under Rule 23 or 23-A
Order XLI, of the Code the refund certificate shall not be granted by
the appellate Court authorizing the appellant to receive back the whole
or any part of the fee paid on the memorandum of appeal until the
order of remand has become final, either by being affirmed in appeal
or by the expiration of the time for filing of a second appeal.

22. Order for refund—

An order for refund of court-fees or process-fees shall be made on an
application bearing an office report or on an office report. The
Presiding Officer shall with his own hand note in figures and words the
amount to be refunded; and the Judge shall refer to such order before
signing the certificate for refund.

23. Fee on delayed application in outlying courts—

When an application for refund of court-fees is made and it is found
necessary in an outlying court to call for the record of the case from
the record room, the applicant will be required to pay a fee of Re. 1 if
the application for refund is made beyond three weeks of the decision
of the case.

24. Certificate of refund—

The refund shall be made by a certificate for refund in the prescribed
form (F.132) granted by the court to the person entitled to such
refund, authorising him to receive from the Collector the amount
therein specified.

25. Note of refund Certificate—

(1) When a refund certificate has been signed by the Presiding
Officer, the Clerk concerned, shall record in red ink on the
document bearing the stamps in respect of which the refund has
been ordered; a certificate indicating that refund certificate
number ………... has been issued on................ (give date) for
rupees.......................(give figures and words) in respect of the
stamps pasted above.
(2) The issue of the certificate shall also be noted against the
original entry of the receipt of Court-fee in the Register of
Court-fees.

26. Parts of refund certificate and their disposal—

(1) Part I of Form (F.132) shall be retained in the Court and Parts II
and III shall be made over to the persons to whom the refund or
repayments to be made for presentation to the Collector or at
the Treasury or Sub-Treasury.
Such presentation shall be made within 15 days from the
date of the certificate and the certificate shall not remain in force
for more than 15 days.
On the refund or repayment being made at the Treasury or
Sub-Treasury the Officer-in-charge shall fill up Part III and
return it to the court which granted the certificate retaining Part
II as his voucher for the refund or repayment.

(2) On receipt of Part III, such officer, as the Presiding Officer may
appoint in this behalf, shall—
(1) paste Part III to Part I, noting on the former the date of its
128

receipt from the Treasury or Sub-Treasury;

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(2) certify below the order of the Presiding Officer directing the
refund or payment that the refund or repayment has been
made;
(3) file the document, on which the refund or payment was
ordered, with the record, unless it has already been so
filed;
(4) record in red ink a certificate in the following form on the
document bearing the stamp or stamps in respect of which
the refund or payment has been made and obtain the
signature of the Presiding Officer thereto;

"Certified that the sum of ............. has been refunded (or

paid as the case may be) under certificate No ................. dated
.....................", and

(5) if the refund or payment was of a process-fee, note the

same in columns 27-29 of the registers of court-fees and
process-fees against the original entry of the fee, and
record on part III of the certificate for refund, the fact of
such note having been made.

129
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 ORDER 30
Amins
1. Qualification for appointment as Amin—
Before appointing any person to be an Amin, the District Judge shall
satisfy himself that the candidate has a competent knowledge of —
(1) Hindi & English.
(2) Arithmetic & Computer.
(3) Mensuration.
(4) Elementary land-surveying and mapping including mapping with
electronic/ laser devices.
(5) Order XXI and XXVI of the Code of Civil Procedure.
(6) Rules relating to the work and duties of Amins.

2. Instruments for Amins work—

The District Judge shall, from time to time as funds allow, purchase
the instruments given in the following list:—
(1) Plane Table.
(2) Box of drawing instruments.
(3) Measuring Chain.
(4) Measuring Rod.
(5) Brass Sight.
(6) Brass Scale.
(7) Measuring Taps.
(8) Mapping pens, boxes of colours, tracing cloth, etc.
The District Judge shall inspect and verify the stock of the above
instruments in his annual inspection.

3. Utilization of service of the Amin by other courts—

Subject to the orders of the District Judge, the services of the Amin on
the establishment of the District Court should be utilized as far as
practicable by the other courts located at headquarters of the District
Judge.

4. A member of the ministerial staff to work as Amin—

Where the services of the Amin are not available, the services of any
other member of the ministerial staff may be utilized for the purpose
by the Presiding Officer of the court.

5. No additional remuneration for service as Amin—

The Amin on the regular establishment or any other member of the
regular establishment shall not be entitled to any additional
remuneration for his services except reasonable travelling allowance.

6. Appointment of a special Amin—

Where the services of an Amin on the regular establishment are not
available, and where the services of any other member of the
ministerial staff cannot be utilized for the purpose without detriment to
normal office working, the Court may appoint a special Amin in the
case.

7. Approved list of Amin—

(1) Special Amins shall be appointed out of an approved list of
Amins maintained in each court.
130

(2) Where more than one civil court is located at the same station,
there shall be a common list for all such courts.
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 (3) Admission of persons to the approved list of Amins shall by made
with the sanction of the District Judge, by the Presiding Officers
of the Courts.
8. Persons admitted to the list of approved Amins to be duly
qualified—
Care shall be taken to see that persons admitted to the list of
approved Amins are sufficiently educated and qualified for the work
required of them.

9. Remuneration of a special Amin—

The remuneration to be paid to a special Amin shall be determined by
the court.
The remuneration should not ordinarily exceed 1000/- rupees per day
for the period actually spent in the work done (including the period
spent on travelling) in addition to reasonable travelling allowance,
where necessary, at the rate permissible for Government servants of
the corresponding class.

10. Remuneration to special Amin to be deposited—

The remuneration payable to a special Amin shall be deposited in cash
by the party at whose instance the sale or attachment (for conducting
or affecting which the Amin is appointed) is ordered.

11. Circles and beats of Amins—

(1) Where there are several persons on the approved list of Amins
attached to any court or group of courts, the District Judge shall
distribute work of every Amin so as to ensure even distribution
of work.
(2) The District Judge shall appoint senior most Judicial Officer to be
Incharge of the work of the Amins provided that where an Amin
works in the jurisdiction of an outlying court, the senior most
Presiding Officer of such Court shall be Incharge of the work of
such Amin.

12. Amin to know rules about pounds—

Every Amin shall acquaint himself with the rules about cattle pounds.

13. Amin to work personally—

Amins shall perform their duties in person and not by deputy.

14. Work for Amins—

Civil Court Amins besides being employed to conduct sales, may be
employed on any of the following duties:—
(1) In making attachment under an order of the Court.
(2) In making delivery of possession of property under an order of
the court.

15. Programme of Amin—

When an Amin proceeds on tour, he shall make such arrangements as
will ensure that orders issued by the Court shall reach him without
delay. The arrangement so made shall, on each departure of the Amin
be notified by him in writing to the courts whose order he executes
and also to the officer-in-charge of his work.

16. Information by Amin to decree holder—

An Amin shall inform the decree-holder or his pleader by registered
131

post or otherwise, within sufficient time of the date on which he

proposes to be at certain spot to make an attachment or deliver
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 property, so as to enable the party concerned or his representative to
attend on that date.

17. Instruction for Measurement and Mapping—

Amins shall be guided by the following instructions in making field and
land Measurements in local inquiries:—
(1) All measurements shall be made with chain and compass and the
chain shall be 20 meters in length.
(2) The work shall be plotted to scale and the scale to be used shall
be 1 centimeter to 40 centimeters and 25 centimeters = 1
kilometer, unless otherwise ordered by the Court.
(3) The starting point and every bearing and measurement taken
shall be recorded in field-book as the measurement proceeds.
The field-book shall be submitted with the map prepared and
therefrom, and in it any prominent land marks adjacent to or on
the line of measurement shall be noticed.
(4) All water, running or standing, shall be indicated in blue; land or
building in dispute shall be shaded red; and all writing on the
map shall be so made as to be read when the map is held with
the north side upper most.
(5) Wherever it is possible such work can be carried out with the
help of Electronic/ laser Device. If such device is not available, it
can be hired at the expenses of party making such request.

18. Procedure for Police help to Amin—

When Amin has to make an attachment under an order of the Court
and he apprehends that resistance will be offered by the judgment-
debtor, he shall make a request to the Court for requisite police help
and shall mention full reasons for fearing a breach of peace. On
request being made that Court shall write to the Superintendent of the
Police for providing necessary Police assistance.
In cases of emergency, when the above procedure is not
possible, application shall be made to the Officer-in-charge of the
police station concerned.

19. Scrutiny of the Amin’s statement work—

The Officer-in-charge shall satisfy himself that there has been no
avoidable delay in executing a process and that Amin in his tour has
taken the shortest route.
Officer-in-charge shall report to the District Judge if he finds any
irregularity or unnecessary delay in execution of process by any Amin.

20. Payments to Amins for sale of movable property—

Every Amin shall give receipts for all such cash payments or all
movable property that may come into his custody by virtue of his
office to the person from whom he receives the same. Counterfoil
receipt-book (F.133) shall be supplied.

21. Payments to Amins for sale of immovable property—

When the sale is of immovable property, the Amin shall receive in cash
the twenty-five per cent deposit required by order XXI Rule 84 of the
Code of Civil Procedure, for the rest of the purchase-money, he shall
ordinarily give a payment order (F.134), entering therein as the date
of payment, the latest safe date, having regard to the terms of Order
XXI Rule 85 of the Code of Civil Procedure. Counterfoil books of
132

payment orders will be supplied for this purpose. If the amount of the
purchase-money be less than Rs. 5000/- the Amin may at his
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discretion receive payment of it on full at the time of sale.

22. Auction purchaser to pay money to the receiving Officer of the
Court—
The auction-purchaser to whom such payment order has been given
shall pay the money noted therein to the Receiving Officer of the Court
which made the order of sale, in the manner prescribed in these rules
and shall with his tender file the payment order delivered to him by
the Amin. Such payment order shall, along with the tender be filed
with the record of the case to which it relates.

23. Amin's Cash Register—

With the exception hereinafter noted, all money received by an Amin
shall immediately on receipt be entered by him in his Cash Register
(Register No.257) and, shall, with as little delay as possible, be paid
by him into the Treasury/ bank, or court, as the case may be. The
following Petty items which pass through the Amins' hands but are not
required to be paid into the Treasury/ Bank, shall not be shown in the
Amin's Cash Register, but in columns 13, 14 and 15 of the Register of
orders (Register No.254) and in columns 14 to 17 of the proceedings
Register (Register No.256).
(1) Charges for maintenance of live-stock.
(2) Cost of preparing attached property for sale.
(3) Wages of labour paid through the Amin.
(4) Wages of Chainman.
The entries in column 13 of Register No. 59 shall be made when
the money is remitted to the Amin, and those in columns 14 and 15
when the Amin's report is received. The entries in columns 12 and 13
of Register No. 61 shall be made by the Amin at the same time as
those in columns 1 to 9 and those in columns 14 and 15 when entries
are made in column 11.

24. Repayment of deposit by Amin—

Money deposited by an Amin under these rules shall remain at the
Treasury or Sub-Treasury in which it was deposited unless and until a
repayment order is made under these rules upon an application for
repayment regularly made and passed. If the money has been
deposited at a sub-treasury the repayment order shall be made
payable at that Sub-Treasury or District Treasury, as the case may be.
133
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 PART-III CRIMINAL
ORDER 31
PROCESSES
1. Contents of process or order-
(a) In every process or order issued or made by the Presiding
Officer of a Court, the name and designation issuing or making
it, together with the name of the district and of the Court, shall
be clearly and legibly set out or printed. Every officer signing
a process or order shall sign his name legibly and in full. The
practice of signing initials only or affixing stamp is strictly
forbidden.
(b) Every person for whom a process is issued shall be described
therein in such a manner as will correctly identify him. His full
and correct name, address, parentage and such further
description as will serve to identify him must be mentioned. In
case of service and execution of a process to be effected in
large towns and cities, the name of the street, ward number of
the Municipality, PIN Code and the number of the house, if
known, should be given.
Illustration
Name of the Court
Place/ District/ PIN Code
Name of Presiding Officer :
Designation of the Presiding Officer

Name of the Person to whom process issued:____________

Father‘s/ Mother‘s/ Husband‘s Name :____________
Phone/ email ID, if any :____________
Age :____________
Caste :____________
Address
House No. :____________
Ward No. :____________
Street/ Locality :____________
Village/ Town/ City :____________
Post Office :____________
PIN Code :____________
District :____________
State :____________

-------------- -------------------------- --------------------------------

Signature in Full with Date
Name of the Presiding Officer
Designation,
or
By Order
Signature in Full with Date
Designation of Authorised Signatory

2. Signing summons to witnesses-

In all Criminal Courts, summons issued to witness may be ordinarily
signed by the Munsarim or the Reader, as the case may be, with the
words 'By order of the Court', prefixed to his signature. However,
134

the Presiding Officer of the Court may by an order in writing

empower any official, not below the rank of an Upper Division Clerk
to sign the summons and notices issued to witnesses as referred to
Page

above.
3. Language of the process-
Every process requiring the appearance or attendance of a person,
shall be in diglot (English and Hindi) written in Devnagari script
unless required to be in any other language under any law for the
time being in force, or if the Court so directs, in any other language.
In every such process requiring appearance of attendance of a
person the day, the month, year and the hour fixed for such
appearance or attendance shall be stated in word as well as figures.
It shall also mention the place of appearance or attendance clearly.

4. Processes to Court of which language is other than Hindi-

When the process or summons are issued in a language other than
the official language of the receiving court, such process or
summons should be accompanied by English version. Similarly, the
report from the receiving court to the originating court regarding the
execution of the process or summons should be accompanied by an
authorized English translation of the report.

5. Process to soldiers, sailors and airmen –

Process to officer, soldier, sailor or airman, shall be sent for service
to his Commanding Officer, together with a copy to be retained by
the person concerned. In such cases, sufficient time shall be given
to make arrangements for relieving the concerned person.

6. Process to Government servants-

When a Government servant other than the aforesaid personnel is
required to attend at a Court beyond the limit of the district or area
in which he/ she is serving, the court issuing the process or
summons, unless the case is of extreme urgency, shall allow
sufficient time for arrangements to be made for the performance of
the duties of such person during his/ her absence.

7. Notice in case of arrest of Government servant-

(a) When circumstances permit notice of the intended arrest of a
Government servant shall be given to the Head of the Office in
which the Government servant is working, and in case of a
Government servant working in the secretariate, to the Chief/
Principal Secretary to the Government so as to allow proper
arrangements to be made to have such person relieved.
(b) Notice of the intended arrest of person working in any
Government Department but is in the service of a contractor/
agency, shall be given in a similar manner when circumstances
permit, to the contractor/ agency, as the case may be.
(c) No judicial officer shall be arrested or taken in custody without
the prior permission in writing of the High Court.

8. Process against Member of the Parliament and State

Legislature-
No summons or process against a Member of Parliament or a
Member of State Legislature shall be sent to the Presiding Officer of
the House for service or execution. No such summons or other
process shall be served on any member within the precincts of the
House of which he is a Member. Summons addressed to a Member
of a Parliament or a State Legislature should be sent directly to the
Member concerned at his residence or at some other place.
135
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9. Intimation of arrest, detention, conviction and release of a
Member of Parliament and Member of State Legislature-
(a) When a Member of the House of the People is arrested on a
criminal charge or for a criminal offence or is sentenced to
imprisonment by a Court, the Judge or Magistrate as the case
may be, shall immediately intimate such fact to the Speaker
indicating the reasons for the arrest, detention or conviction,
as the case may be as also the place of detention or
imprisonment of the Member in the appropriate prescribed
Form (F.135).
(b) When a Member is arrested and after conviction released on
bail pending an appeal or otherwise such fact shall also be
intimated to the Speaker by the concerned court in the
appropriate prescribed form (F.135).
(c) The provisions contained in the above sub-rules will apply
mutatis mutandis to Member of the Council of States and of a
State Legislature.

10. Process fees-

The fees hereinafter mentioned shall be chargeable for serving and
executing processes issued by Criminal Courts in the case of
offences other than offences for which police officers may arrest
without a warrant:-
(a) Warrant of arrest:- In respect of each person to be arrested
Rs. 10/-34
(b) Summons - In respect of each person Rs. 5/-35
(c) Proclamation for absconding person under section 82 of the
Code Rs. 10/-36
(d) Warrant of attachment:-
(i) in respect of the warrant Rs. 5/-37
(ii) Where it is necessary to appoint Officer-In-charge of
property attached, in respect of each officer so employed
per day, not more than Rs. 25/-38
(e) In cases where an application is made by a complainant for the
recovery of compensation allowed under Section 357(3) of
Code or for the recovery of costs awarded under section 359 of
the Code or where a person applies for the recovery of
compensation awarded to him under section 250 of the Code:-
In respect of the warrant for the levy or the fees, fine or
compensation Rs. 10/-39

Provided that no fee shall be chargeable for any process issued

upon the complaint or application of any public officer as defined
under section 2(17) of the Code of Civil Procedure, 1908 or of any
railway servant as defined in section 3(7) of the Indian Railways Act,
1890 or of the officer or servant of any local authority, when acting
as such public officer, railway servant or officer or servant or a local
authority, as the case may be.
Provided further, the Presiding Officer of the Court may remit
in whole or in part, a fee chargeable under this rule whenever he is
satisfied that the person applying for the issue of the process has
not the means of paying the same.

34
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
35
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
36
136

Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
37
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
38
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
39
Page

Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
11. Process fee to be prepaid-
The process shall not be drawn up for execution of service unless
the fee chargeable under rule 10 has been paid or remitted.
The fee shall be paid in court fee stamps, which shall be
affixed either to the application by which the court is moved to issue
the process in addition to the court fee chargeable upon the
application itself, or if no such application is filed, to a separate
sheet of paper giving particulars of the case and also reference to
the order by which the Court directs the issue of the process.
The fee prescribed in rule 10(d)(ii) shall be paid in cash and
shall be disbursed by the Court to meet the expenses incurred.

12. Service of summons on witnesses by post-

40
(a) In addition to the mode and method provided in Chapter VI of
the Code of Criminal Procedure 1908, it shall be lawful for a
court to serve summons by fax, email, SMS, speed post or
registered post with A.D. or through any other electronic mode
including mobile application. The service so made shall be
deemed to be sufficient service of process on the concerned.

(b) Wherever the process as aforesaid is to be issued upon a

request made by the party concerned by speed post or
registered post with A.D., the court will require the concerned
to submit full and correct postal address and envelope
containing requisite postage stamps, etc. to meet with
reasonable expenses towards service of process.

13. Production of documents in the custody of Parliament or

State Assembly-
In all cases where a document in the custody of Lok Sabha/ Rajya
Sabha/ Legislative Assembly/ Legislative Council is required to be
produced before a Court or an officer of the Secretariat of the House
is required to appear before the Court for the purpose of giving
evidence, instead of sending of summons in the ordinary form, letter
of request in the prescribed Form (F.136) shall be sent to
appropriate authority.

14. Summoning of Magistrate-

Ordinarily the Magistrates who had recorded the statements and
confessions under section 164 or section 281 of the Code or had
prepared an inventory of articles under any law time being in force
shall not be summoned by the Presiding Officers to give evidence
except where the Presiding Officer is of the opinion that their
statements are necessary to be recorded in view of Section 463 of
the Code.

15. Issue of warrants to be executed outside the local

jurisdiction-
While issuing warrant to be executed outside the local jurisdiction of
the Court, the Presiding Officer shall see that provisions of section
78(2) of the Code have been complied with. Necessary documents
for enabling the receiving Court or the Police Officer for taking action
under section 81 of the Code must always be sent along with a
warrant.
137
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40
Substituted vide Notification No. 03/S.R.O./2020 dt. 02.09.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.18.09.2020
16. Summoning of officers of the Indian Security Press (Stamp
Press) the Currency Notes Press and the Central Stamps
Stores-
The Presiding Officers may issue as far as possible, commissions
under Section 284 of the Code for the examination of officers of
Indian Security Press (Stamp Press), Currency Notes Press and the
Central Stamps Stores, Nasik Road whenever their evidence is
required in cases arising out of forged currency notes, stamps
(Postal, Revenue, Judicial etc.) petrol coupons, excise banderols and
the like which are manufactured in the Indian Security Press and the
Currency Notes Press, as their attendance in person involves
considerable inconvenience to them and dislocation in their normal
work.

138
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 ORDER 32
PREPARATION OF RECORDS

1. Presentation and Registration.-

(a) All pleadings, applications, petitions and any other relevant
paper of whatsoever nature filed in the course of judicial
proceedings shall be filed before such official appointed by the
court or by the District Judge to receive such presentation.
(b) No such presentation shall be made across the Dais during
court hours.
Provided, that such presentation may be made in the court on
the ground, of limitation, or other urgent reason, if any.
(c) Such presentation may also be made in the court by a prisoner,
or other person in duress or under restraint in court, or its
officer.
(d) The Presiding Officer when accepting such presentation during
court hours or after court hours will make a note on such
papers, the time of presentation.
(e) All pleadings, applications, petitions and any other relevant
paper of whatsoever nature except those presented by a
prisoner or other person in duress or under restraint in court
or its officer and also powers of attorney, filed in the course of
judicial proceedings, shall be fairly and legibly printed in
double space on stout durable papers of foolscap size in Hindi /
English; duly paginated, indexed and stitched together in
paper book form;
Both sides of the paper shall be used, and a quarter margin,
together with at-least one & half inch of space at the top and
bottom of each sheet, shall be left.
(f) If at the time of filing concerned person is in jail, any pleading,
application and petition of whatsoever nature may be
presented either to the Officer-in-charge of prison by a
prisoner himself, or before such official appointed by the Court
or by the District Judge to receive such presentation by a
pleader authorized by him, a memo of appearance or
vakalatnama, if filed, shall be signed by the prisoner and
forwarded by the Officer-in-charge of prison under his
signature after due attestation.
(g) If such pleadings, applications, petitions and any other
relevant paper of whatsoever nature is presented before
Superintendent of the Jail, he shall send such papers to the
Court concerned.
(h) If it appears to the court that the prisoner wishes to be
represented by pleader, the court shall not proceed with until
seven days have elapsed, since the date of its receipt, unless
pleader appears earlier. If it appears to the court that the
prisoner has no sufficient means to engage a pleader, the
court shall assign a pleader to him/ her at the expense of the
State with a simultaneous request to concerned legal service
authority.
(i) At the time of presentation, every person shall also file an
email ID and Mobile Number where service can be effected.
Such person shall also file an undertaking stating therein that
139

any service transmitted electronically on such email ID or

mobile number, shall be deemed to be sufficient service on
such party concerned.
Page
 Provided, that a victim of sexual harassment shall file such
document in a sealed cover.
(j) At the time of presentation, the following entries shall be made
by the official concerned:-
(i) date and time of presentation,
(ii) name of presenter,
(iii) classification of record,
(iv) court fee paid.

2. Numbering of Cases.-
A serial number shall be assigned to each case-

(a) in the Court of a Magistrate taking cognizance of an offence as

soon as cognizance is taken, but if the case is at once made
over under Section 192 of the Code, it shall not be numbered
as a case;
(b) in the Court of a Magistrate on receiving a case under section
192 of the Code or by transfer or by submission under Section
322 of the Code, as soon as the case is received;
(c) in a Court of Sessions receiving a case made over under
section 194 of the Code for trial, as soon as the case is
received;
(d) in a Court of Sessions receiving a case on commitment or on
reference under section 122 of the Code, as soon as notice of
the commitment or the record in a case of reference is
received;
(e) if a case is transferred or committed to another court, the case
number of the court from which the case has been received by
transfer shall be shown in Red ink;
(f) a separate series of numbers shall run in each Court for cases
entered in the Register of Miscellaneous Criminal Cases
(Register No.260). Every such number in the series shall be
followed by the letters "Misc";
(g) a separate series of numbers shall run in each Court before
which the proceedings are laid under section 122(2) of the
Code or to which case is submitted under section 322 or
section 323 or section 325 of the Code. Every number in this
series shall be followed by the word 'REFERRED';
(h) a separate serial number shall be given to cases tried
summarily under section 260 of the Code which shall be
followed by the letter 'S'.
(i) a separate file shall be prepared for each "Panchayatnama" i.e.
inquest report under section 174 of the Code. It shall be
entered individually in the register of inquest report. On the
close of each month, the case in which the action is complete
should be consigned to the record room in a bundle prepared
every month and a note be made in the remarks column
against each inquest report thus-
Filed in the monthly bundle for the month of ………

3. Order-sheet-
Upon institution of a case, an order-sheet in the prescribed Form
(F.123) shall be opened. Subsequent thereto order-sheet shall be
used.
140

Every order-sheet shall bear at its top the number and the title
of the case and shall contain ─
Page

(a) every routine order passed by the Court in the case;

 (b) a note of every other order passed including every order
regarding the production of a document before the Court;
(c) a note of the date of each hearing attendance of parties by
name, the names of the pleaders appearing and the
proceedings on that date. An order, not being an order for
adjournment or postponement, the reasons for which are
required to be recorded at length shall not be written on the
order-sheet but only note of the order and of the date on
which it was made shall be entered on it. Every entry upon the
order-sheet shall be made at the earliest opportunity and shall
be signed by the Presiding Officer;
(d) all financial transactions relating to the case.

4. General Index-
Upon institution of a case, a General Index in the prescribed
Form (F.137) shall be opened. In it shall be entered a note of every
paper or document along with the date of its presentation, in the
order in which they were brought on record:-
(a) When a paper is removed from the record the fact of such
removal shall at once be noted in the General Index and the
appropriate index of exhibit against the entry of that paper.
(b) Upon institution of a case, an index of prosecution exhibits and
index of defence exhibits and an index of material exhibits in
the prescribed Form (F.138) shall be prepared. Every
document or material exhibit such as a weapon or any other
thing, which is admitted in evidence as an exhibit shall be
entered with its exhibit number in the appropriate index of
exhibits. When a document or article admitted as an exhibit is
subsequently rejected or returned or otherwise ceases to be an
exhibit, a note of the fact shall at once be made in the
appropriate index of exhibits and also in the General Index
against the entry of the document and article.
(c) There shall be one file of exhibits and this shall remain intact.
It shall be opened in the Magisterial Court and shall continue
as a single exhibit file even in the Court of Sessions. If the
Sessions Court adds any exhibits, which was not before the
Magisterial Court, it will place the exhibit in the exhibit file
giving after the last serial number or letter giving to the
exhibit in the Magisterial Court.

5. Contents of record-
The record shall include every paper in the case from the
information on which cognizance was first taken up to and including
the warrant returned under section 430 of the Code.

6. Impounded documents-
When a document or material exhibit produced before a Court is
impounded, a note that it has been so impounded shall forthwith be
made upon it or attached to it and shall be signed by the Presiding
Officer. Such a note shall also be made in the General Index of the
file after entering the document in it. Such impounded document or
other thing shall not be allowed to pass out of the custody of the
Court, save by written order of the Court.

7. Marking of exhibits-
141

(a) Upon every document produced and admitted in evidence and

proved before a Court shall be clearly marked the number it
Page
 bears in the General Index of the case and the number and
title of the case.
(b) The Court shall mark the documents admitted in evidence on
behalf of the prosecution with the letter 'P' and a numeral in
the order in which they are admitted, thus:-
Ex. P.1, Ex.P.2, and Ex. P.3, etc. and the documents admitted
on behalf of the defence with the letter 'D' and numeral thus:-
Ex.D.1, Ex. D.2, and Ex.D.3, etc.
(c) In the same manner every material exhibit admitted in
evidence on behalf of prosecution shall be marked with
numerals in serial order followed by the word 'ART' as Ex.
Art.1, Ex. Art.2, Ex. Art.3 and the material exhibit admitted on
behalf of the defence shall be marked with the letter 'A' with
numerals in serial orders viz. Ex. Art.A-1, Ex. Art.A-2 and Ex.
Art. A-3, etc.
(d) All exhibit marks on the documents and material exhibits shall
be recorded in red ink and in block letters and shall be initialed
with designation and dated by the Presiding Officer of Court.
(e) No document or material exhibit, which has been admitted in
evidence and exhibited shall be returned or destroyed until the
period for appeal or revision has expired or until the appeal or
revision has been disposed of.
(f) Documents and material exhibits, which have not been
admitted in evidence should not be made part of the record
and should be returned to the party by whom they have been
produced with an endorsement mentioning the number and
title of the case, name of the person producing the document
and by the word 'returned' endorsed on it, which shall be
signed or initialed by the Presiding Officer.

8. Duties of Officer-in-charge-
The officer, for the time being in charge of the record shall-
(a) enter on the General Index every paper as it is filed with the
record;
(b) punch out the figure-head of each court fee stamp upon such
paper, and record below the stamps the aggregate number
and value of the stamps used to denote each separate fee;
(c) certify in the General Index state of any exhibit filed noticing
any erasure and interlineation therein together with its
condition whether it is torn or pasted on a paper;
(d) take the orders of the Court, if necessary, as to the correct
entry to be made under the above clause.

9. Division of Records-
Every papers as it is brought on the record shall be marked as
belonging to either Part A or Part B, or Part C or Part D.
Each part shall include the following paper:-
Part A Part B Part C Part D
1.Record of statements (a)Index of (a) Index of (a) Index of
or confessions (u/s 164 Papers Papers Papers
of the Code)- (b) All (b)Exhibited (b)All other
(i) plea u/s. applications documents papers not
228,299, 240(2) and of admitted in included in
241 of the Code, and whatsoever evidence Part A,
(ii) Examination nature Part B and
under Sections 313 and except Part C.
142

281 of the Code of the application

accused and written for
Page

statement of the adjournment

accused, if any. and
2.Proceeding on which exemption
cognizance was first from
taken, Police Report, personal
etc.(section 190 of appearance.
the Code) (c) Record of
3. Charge and altered evidence
charge, if any. (d) Vakalatnama
4.Order consenting to (e) Deposition of
the withdrawal of any medical/
charge (sections 224 expert
and 321 of the Code). witness
5. Record in summary (f)Report of
trial. chemical
6. Record of Examiner
proceedings under and other
section 236 of Code. reports
7. Record of mentioned in
composition of an Section 292
offence (u/s 320 of the and 293 of
Code) the Code.
8. Judgment and
sentence.
9. Copies of orders of
High Court regarding
sentence of death
(Section 371 of the
Code).
10. Warrant or other
paper returned on
execution of sentence.
11.Copy of order
commuting a sentence
or suspending the
execution thereof or
remitting punishment.
12. Petition of appeal
or application for
revision.
13. Copy of judgment
or order in appeal or
revision.
14. Certificate of
judgment or order in
appeal or revision.
15. Proof of previous
conviction
16. Order for disposal
of property (Chapter
XXXIV of the Code)
17. Order of Transfer
18. Order-sheets
19. General Index
20. Treasury receipt.
21. Bonds under
section 106, 107, 108,
143

109, 110, 360, 379

and 437A of the Code
Page

and bonds under

 Section 4 of the
Probation of Offenders
Act.
22.Papers relating to
the identification of
the accused person in
the jail or elsewhere.
23. Papers relating to
the identification of
stolen property.
24. Site plan or map of
the locality placed on
the file of the case
and site Inspection of
the locality drawn by
the Presiding Officer
of Court u/s 310 of
the Code.
25.The statement
prepared for the
purpose of section 428
of the Code.
26. Memorandum of
arguments u/s 314(1)
of the Code.
27. Consent or sanction
to the initiation of
proceedings under
sections 196 and 197
of the Code or
under any others law
for the time being in
force.
28.Deposition(s) of
witnesses, who are
absent at the
trial, which have been
admitted in evidence
under section 33 of
the Evidence Act.

In any case in which a proceeding belonging to Part A, or Part

B, or Part C or Part D are recorded on one and the same paper, such
paper shall be placed in Part A.
The arrangement of papers in the record shall be in the order
of the serial numbers of the papers in the General Index.

10. Return of exhibits-

A notice shall be fixed up in a conspicuous part of every court house
giving warning that if an exhibit which has been filed in a case is left
in a Court, it will be kept there at the owner's risk. Before making an
order for the return of an exhibit, the Court shall consider whether it
is expedient to return it; if returned a copy should be required in its
place, and if so, whether the copy should be prepared at the
expense of the person to whom the exhibit is returned, or at the
expense of the Government.
144
Page
11. Record of Appeal or Revision-
A copy of judgment or order appealed against accompanying a
petition of appeal, and a copy of any order, sentence, finding or
other proceeding filed with an application for revision of such order,
sentence, finding or other proceeding shall remain with the record of
the appellate or revisional court and not be returned.

12. Title Page-

A cover or title page in the prescribed form (F.139) shall be placed
over the record of every case.

13. Use of documents exhibited in another record-

When a document in any record is made an exhibit in another
record, civil or criminal, and is removed to that record, a certified
copy of the document shall be retained in the record from which the
document is removed and a note of the removal shall be made on
the general index or order-sheet. After the decision of the appeal or
after the expiry of the period of appeal or revision, if no such
revision or appeal has been brought, the document shall be returned
to the record of which it originally formed part, its place being taken
by a certified copy (a requisition of record should be sent as per the
provisions of Order 43 Rule 1 & 2).

14. Officer for checking and cancelling stamps-

(a) Each Magistrate or Sessions Judge shall under sub-section (2)
of section 68 of the Rajasthan Court Fees and Suits Valuation
Act, 1961(Act No. XXIII of 1961) appoint by an order in
writing, an officer for the purpose of cancelling stamps. That
officer who should ordinarily be the Reader for documents filed
in the Court and the Senior Munsarim for the documents
presented before him shall personally attend to and be
personally responsible for the strict fulfilment of the duty of
receiving document to be filed, examining the correctness and
adequacy of stamps attached thereon and immediately
cancelling such stamps as required by section 68(2) of the
Court Fees and Suits Valuation Act, 1961.
Note -
(i) The Presiding Officer should see that punching is done
immediately on presentation of the petition and other
documents in Court.
(ii) A rubber stamp in the following form shall also be used;
Cancelled.
It should be applied across the adhesive stamps and
upon the paper on either side of it but not in such a way as to
obliterate the entries there on or to render the detection of
forgeries more difficult.
(b) In all cases it should be carefully seen that the figure-heads of
the court fee stamps are punched out, that the pieces are
destroyed before the documents to which stamps are attached
are filed or acted upon.
(c) Every Judicial Officer should inspect the work of his officers
from time to time so as to ensure attention to their duty and
to obviate any opportunity for fraud. A very efficient check
could be kept on any attempt to defraud Government if each
Presiding Officer examines daily some of the records he
handles and if he also examines periodically bundles of records
145

of cases dealt with by him, taken out at random from the

shelves, in which they are placed.
Page
 ORDER 33
TRIALS
1. Procedure on commitment-
When an order of commitment for trial has been made, the
Magistrate shall at once report the fact to the Court to which the
commitment is made by a letter in the prescribed Form (F.140);
and shall within eight days from making the said order, submit the
entire record to the Court of Sessions and shall send malkhana
articles, if any, within a fortnight thereof together with a calendar in
the prescribed Form (F.141)
The entries in the calendar with regard to witnesses shall be full and
accurate, so as to give the Court receiving a clear idea of the
matters to which each witness will depose.

2. Examination of record of commitment in Sessions Court-

The record of each case shall be carefully examined immediately on
receipt, and the sessions clerk shall report whether it is complete
and properly arranged and indexed, whether all malkhana articles
have been received. The committing Magistrate shall be asked to
have deficiencies, if any, made up, and the record may be returned
to him for this purpose, if necessary.

3. Expeditious disposal of Sessions Cases-

(a) Sessions cases should be disposed of with the greatest
possible expedition. Sessions Judge should reserve particular
number of days in a week for sessions work.
(b) Sessions trials should ordinarily be held in order in which
commitments are made. The Presiding Officer may, however,
exercise his discretion in the matter of giving priority to
certain cases particularly cases involving capital sentence
subsequently received or where the accused is in jail; and the
court shall dedicate sufficient number of days in a week for
trial of such cases while taking into account the case pendency
etc.
(c) Priority shall also be given in cases where, accused/
complainant is Senior Citizen/ Woman.
(d) The session's cases shall be taken up day to day until all the
witnesses in attendance have been examined and discharged.
(e) The Sessions Judge shall take necessary steps to get the
summons served on the witnesses in time and if necessary the
Superintendent of Police of the District may be asked to make
special efforts to secure the attendance of the witnesses.
(f) A Sessions trial shall not be adjourned or postponed except in
exceptional circumstances for reasons to be recorded in
writing.
(g) In case where the Sessions Judge decides to proceed under
section 228(1)(b) of the Code, he shall after recording the plea
of the accused, shall fix the date for the evidence of the
prosecution and may, on the application of the prosecution,
issue process forthwith for compelling the attendance of
witnesses or the production of any document or other thing.
(h) In every inquiry or trial the proceedings shall be continued
from day-to-day until all the witnesses in attendance have
been examined, unless the Court finds the adjournment of the
146

same beyond the following day to be necessary for reasons to

be recorded;
Page
 Provided that when the inquiry or trial relates to an
offence under section 376, section 376A, section 376B,
section 376C or section 376D of the Indian Penal Code, the
inquiry or trial shall, as far as possible be completed within a
period of two months from the date of filing of the charge
sheet.
If the Court after taking cognizance of an offence, or
commencement of trial, finds it necessary or advisable to
postpone the commencement of, or adjourn, any inquiry or
trial, it may, from time to time, for reasons to be recorded,
postpone or adjourn the same on such terms as it thinks fit,
for such time as it considers reasonable, and may by a
warrant remand the accused if in custody.
Provided that no Magistrate shall remand an accused
person to custody under this section for a term exceeding
fifteen days at a time.
Provided further that when witnesses are in attendance
no adjournment or postponement shall be granted, without
examining them, except for special reasons to be recorded in
writing:
Provided also that no adjournment shall be granted for
the purpose only of enabling the accused person to show
cause against the sentence proposed to be imposed on him.
Provided also that -
(i) no adjournment shall be granted at the request of a
party, except where the circumstances are beyond the
control of that party;
(ii) the fact that the pleader of a party is engaged in
another Court, shall not be a ground for adjournment;
(iii) where a witness is present in Court but a party or
his pleader is not present or the party or his pleader
though present in Court, is not ready to examine or cross-
examine the witness, the Court may, if thinks fit, record
the statement of the witness and pass such orders as it
thinks fit dispensing with the examination-in-chief or
cross-examination of the witness, as the case may be.
Explanations

1. If sufficient evidence has been obtained to raise a

suspicion that the accused may have committed an
offence, and it appears likely that further evidence may be
obtained by a remand, this is a reasonable cause for a
remand.
2. The terms on which an adjournment or postponement may
be granted in include, in appropriate cases, the payment of
costs by the prosecution or the accused.

4. Expenses and allowances to witnesses-

(a) The payment of reasonable expenses of complainants and
witnesses attending Criminal Court for the purpose of any
enquiry trial or other proceedings shall be regulated by the
147

rules made by the Government under section 312 of the Code

of Criminal Procedure, 1973 (2 of 1974) and published in the
Rajasthan Gazette as amended up-to-date. (Appendix-I)
Page
 (b) As far as possible, the aforesaid expenses and allowances shall
be paid immediately after conclusion of the evidence. If need
be, limit of the imprest should be got enhanced suitably. If
expenses and allowances are not paid immediately after
conclusion of the evidence, it should be either transferred to
the bank account of the witness or through bankers‘ cheque.
(c) Order for payment of such amount shall be made in prescribed
Form (F.142)

5. Disposal of case property.-

At the conclusion of each trial, the court shall pass order of disposal
of case property specifically.

6. Accused sentenced to death to be warned to appeal within 30

days-
A Sessions Judge, in a case in which a person is sentenced to death,
shall record that he has informed him that, if he wishes to appeal,
his appeal must be preferred within thirty days (of Art.115 of the
Limitation Act, 1963).

148
Page
 ORDER 34
THE RECORDING OF EVIDENCE
1. Mode of recording evidence –
Every record of evidence and statements made by a Presiding Officer
or an official of the Court shall be legibly written. If in making such
record an officer uses an electronic device, he shall sign every page
of such record and shall initial every correction or alteration therein.
In every record and on each deposition, the deponent, where
examined on commission or otherwise, shall be indicated by
his/her full name along with his/her father's/ mother‘s name, age,
profession and residence and on each subsequent page of the
deposition, the number of the witness, case number and page
number shall be mentioned. In no case a witness shall be indicated
by a number only. Abbreviation and elliptical forms of expressions
shall be avoided, particularly abbreviation of names of persons or
places.
The record made shall follow as closely as possible the actual words
and expressions used by each witness.

2. Certificate on certain deposition –

In the case of deposition referred to in section 291 of the Code other
than those taken on commission under Chapter XXIII of the Code, a
Magistrate taking the deposition of District Medical Officer or other
medical witness, shall sign at the foot of the deposition a certificate
in the form indicated below or a memorandum to the same effect.
The foregoing deposition was taken in the presence of
……………… accused who had an opportunity of cross-examining the
witness. The deposition was explained to the accused and was
attested by me in the presence of the accused.

3. Serial Number of witnesses examined –

The Presiding Officers shall invariably give the number of each
witness as he is examined in any enquiry, trial or proceeding. The
witness produced by the prosecution should be numbered as PW 1,
PW 2, PW 3 etc. and those by defence as DW-1, DW-2, DW-3, etc.
Witnesses examined under Section 311 of the Code as court
witnesses shall be numbered as CW-1, CW-2, CW-3, etc.

4. Contradiction of witnesses by their previous statements-

(1) When a witness is contradicted by his previous statements and a

particular portion is put to him, it is necessary for the court to
indicate the portion of the earlier statement(s) which are put to
the witness and about which answer is given by the witness
before them while recording the evidence.
(2) To prove, the statement for the purpose of contradiction it is
necessary that the contradiction or omission must be brought to
the notice of the witness. His or her attention must be drawn to
the portion of the previous statement.
(3) Judges and Magistrate while questioning a witness about his
previous statement should not merely note down that he/she has
been confronted with particular portion marked ‗A‘ to ‗A‘, ‗B‘ to
‗B‘ etc., without bringing on record the particular statement with
which a person is confronted and without indicating whether the
witness was afforded an opportunity to explain the contradiction
149

or discrepancy and what his explanation was.

(4) Each statement of fact occurring in the previous statements
Page
 made by the witness which is inconsistent with the statement
made by the him in court should be put separately and point by
point to the witness and he be confronted with his previous
statement on those points so as to afford him an opportunity to
explain the contradiction.
(5) The practice of putting a long statement to the witness
containing several facts, or mere reading out the whole
statement should be avoided because it may confuse the
witness, thus defeating the very purpose of the wholesome
provision regarding confrontation contained in Section 145 of the
Evidence Act.

Illustrations
‗A‘
Statement of X, recorded under Section 161 Cr.P.C. (exhibit 1)
contains a portion ―I‖ reached at the spot and clearly saw that Y was
killing Z‖.
While X is being contradicted during court statement, this portion
will be indicated in the manner that ―portion A to B of statement
exhibit A i.e. ―I‖ reached ….. killing ―Z‖……. Before ―I‖ and after ―Z‖
alphabet A and B will be marked respectively to indicate this portion
in statement of X under Section 161 Cr.P.C.‖
‗B‘
A witness may have stated in statement under Section 161 Cr.P.C.
that -
X murdered Y. In Court witness state ‗Z‘ murdered ‗Y‘.
This is a contradiction. Defence counsel or court and even
prosecution if witness is declared hostile having resiled from
previous statement, is to be confronted to bring contradiction on
record. Attention to the witness must be drawn to the previous
statement or statement under Section 161 Cr.P.C., where it was
stated that ‗X‘ murdered ‗Y‘.
The trial court in the event of the contradiction has to record as
under -
Attention of the witness has been drawn to portion A to B
of statement marked as __ and confronted with the portion where it
is recorded that ‗X‘ murdered ‗Y‘.

‗C‘
If a witness omit to state in Court that ‗X‘ murdered ‗Y‘, what he
had stated in a statement under Section 161 Cr.P.C. will be
material contradiction, for Public Prosecutor, as witness has
resiled from previous statement, or if ‗W‘ has been sent for trial
for charge of murder, omission to state ‗X‘ murdered ‗Y‘ will be a
material omission, and amount to contradiction so far defence of
‗W‘ is concerned. At that stage also attention of the witness will
be drawn to significant portion of the statement recorded under
Section 161 Cr.P.C. which witness had omitted to state and note
shall be given that attention of the witness was drawn to portion
A to A wherein it is recorded that ‗X‘ murdered ‗Y‘. In this way
omission is brought on record.
(Note- Law laid down in (2005) 12 SCC 657; 1975 SCC (Cri.) 427;
(1985) 4 SCC 476; (2004) 7 SCC 487; (2012) 3 SCC 387 should be
150

strictly followed. Presiding Officers of the court should also go

through the law laid down in Tahsildar Singh & Anr. Vs. State of
Page

U.P. AIR 1959 SC 1012 which can be summarised as under:-

 (1) A statement in writing made by a witness before a police officer in
the course of investigation can be used only to contradict his
statement in the witness-box and for no other purpose;
(2) statements not reduced to writing by the police officer cannot be
used for contradiction;
(3) though a particular statement is not expressly recorded, a
statement that can be deemed to be part of that expressly
recorded can be used for contradiction, not because it is an
omission strictly so-called but because it is deemed to form part of
the recorded statement;
(4) such a fiction is permissible by construction only in the
following three cases:
(i) when a recital is necessarily implied from the recital or
recitals found in the statement; illustration: in the
recorded statement before the police the witness states that
he saw A stabbing B at a particular point of time, but in the
witness-box he says that he saw A and C stabbing B at the
same point of time; in the statement before the police the
word "only" can be implied, i.e., the witness saw A only
stabbing B;
(ii) a negative aspect of a positive recital in a
statement; illustration: in the recorded statement before
the police the witness says that a dark man stabbed B, but
in the witness-box he says that a fair man stabbed B;
the earlier statement must be deemed to contain the
recital not only that the culprit b e was a dark complexioned
man but also that be was not of fair complexion; and
(iii) when the statement before the police and that before the
Court cannot stand together; illustration: the witness says in
the recorded statement before the police that A after stabbing
B ran away by a northern lane, but in the Court he says that
immediately after stabbing he ran away towards the southern
lane; as he could not have run away immediately after the
stabbing, i.e., at the same point of time, towards the
northern lane as well as towards the southern lane, if one
statement is true, the other must necessarily be false. The
aforesaid examples are not intended to be exhaustive but only
illustrative. The same instance may fall under one or more
heads. It is for the trial Judge to decide in each case after
comparing the part or parts of the statement recorded by the
police with that made in the witness-box, to give a ruling,
having regard to the aforesaid principles, whether the recital
intended to be used for contradiction satisfies the
requirements of law.

5. Recording of evidence of vulnerable witnesses-

Unless otherwise provided, guidelines given in Appendix-L shall be
followed during the examination of vulnerable witnesses during
criminal trial who are victims or witnesses to crime.
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 ORDER 35
GENERAL PROVISIONS REGARDING
INQUIRIES AND TRIALS IN CRIMINAL
COURTS
1. Daily Cause List –
(a) A daily list of cases fixed for hearing in every Court prepared
in legible Hindi/ English in the prescribed Form (F.101) shall
be pasted on the previous working day in some conspicuous
place of the court house. The cause list shall also show the
purpose for which a case has been fixed. The daily cause list
so prepared shall be uploaded on the Case Information
System.
(b) If a case for a day on which the Court does not sit on account
of its being later found or declared to be a holiday is not taken
up on that day, it will be taken up on the next day on which
the Court sits.
(c) After court hours, the result/ proceedings held in each
particular case will be indicated and entered in the office copy
of the cause list and the same shall also be uploaded in the
Case Information System latest by the next working day.

2. Distribution of work by the C.J.M. –

(a) Subject to the control of the Sessions Judge, the Chief Judicial
Magistrate may from time to time give special orders under
section 15(2) of the Code as to the distribution of the business
among, the Judicial Magistrates subordinate to him.
(b) Complicated, important or serious cases shall ordinarily be
tried by the Chief Judicial Magistrate,
(c) While disturbing business, due weightage will be given to the
classification and grouping of cases.

3. Complaint-
(a) Every complaint filed before a court shall be in duplicate and
be duly supported by an affidavit verifying its contents. In
every complaint reason for invocation of the jurisdiction of the
Magistrate shall be stated. It should be clearly spelt out in the
application supported by documents whether procedure laid
down under Section 154(1) and 154(3) of the Code has been
followed or not.
(b) Before any complaint is sent to a police officer for inquiry or
investigation under the Code of Criminal Procedure 1973,
duplicate copy thereof shall be retained in the court after
authentication and shall remain in Part A of the file.

4. Brief Holders –
A legal practitioner when unable personally to attend a case in which
he is briefed, may hand over the brief to another legal practitioner
without the latter filing a Vakalatnama.

5. Police Report to contain additional information-

(a) In addition to the other requisites, police report shall contain-
(i) Mobile phone numbers/ land line numbers/ email ID (if
any) of the complainant, accused and witnesses so also,
152

their complete permanent residential address along with

color photograph & ID proof (any two mentioned in
Page

Appendix-K. Details thereof shall be mentioned

 opposite to the names of the concerned in the form of a
list to be annexed with the charge-sheet.
Provided, that aforesaid particulars in case of
victim of sexual harassment shall be submitted in a
sealed cover in the court; same will be re-sealed and
kept in safe custody in the court.
(ii) Details regarding character and previous conduct of each
accused.
(iii) Details with relevant proof regarding previous conviction
and sentence, if any.

(b) The bond under Section 170(2) of the Code shall contain an
undertaking to the effect that any change in permanent
residential address or the phone number will be immediately
conveyed by the witness to the SHO of the concerned Police
Station and the SHO shall forward the same to the concerned
court as soon as he receives the information.

6. District Magistrate and Director General of Police to be

informed of police errors –
When in any case of which a Court has taken cognizance, the
Presiding Officer has occasion to notice any erroneous practice on
the part of the police or has reason to believe that a confession has
been elicited by the police from an accused person by the use of
force or undue influence, or that any other grave irregularity has
occurred, he shall bring the matter to the notice of the District
Magistrate concerned or Inspector General of police/ Director
General of Police. It shall be incumbent on the authority so informed
to apprise the Presiding Officer concerned of the action taken by it in
the matter.

7. Previous conviction to be noted in judgment –

If the accused, having been previously convicted of any offence, is
liable, by reason of such previous conviction, to enhanced
punishment, or to punishment of a different kind, for a subsequent
offence, and it is intended to prove such previous conviction for the
purpose of affecting the punishment which the court may think fit to
award for the subsequent offence, the fact, date and place of the
previous conviction shall be stated in the charge, and if such
statement has been omitted, the court may add it at any time before
sentence passed.

8. Post Office records not to be disclosed unnecessarily –

When any journal or other record of a post office is produced in
Court, the Court shall not permit any portion of such journal or
record to be disclosed other than the portion which seems to the
Court necessary for the determination of the case before it.

9. Affidavit to be stamped –
A Magistrate shall not allow an affidavit, which is not one exempted
from stamp duty to be sworn before him unless it is stamped.

10. Memo of identification proceedings –

Identification proceedings in jail for identification of suspects shall
invariably be conducted as per the procedure laid down in Section
54A of the Code of Criminal Procedure 1973 and recorded in the
153

prescribed Form (F.143).

Provided that, if the person identifying the person arrested is
Page

victim of sexual harassment, every care should be taken to protect

 the identity of such person and record of the proceeding shall be
forwarded to the concerned Court in a sealed cover.
Proceedings for identification of property shall be recorded by
Magistrates in the prescribed Form (F.144).
Such proceedings shall be held as expeditiously as possible but
not later than fifteen working days.

11. Surety to submit ID proof-

(a) The surety shall submit an affidavit while affixing upon it a
latest coloured photograph of himself/herself and besides
information about his/her financial capacity. The information
on the following points must be verified on oath:-
(i) How and since when he knows the person for whom he is
standing as surety.
(ii) Whether and in how many cases, he has furnished
surety.
(iii) His permanent and present residential address.
(iv) Whether, the person for whom he is furnishing surety in
bail or somebody on his behalf has paid him or agreed to
pay any gratification in any manner.
(b) Reliable address proof as per Appendix-K and contact number
e.g. mobile number/ landline number/ email ID of the surety
shall be taken on record.
(c) The court may ask for documentary proof regarding financial
capacity of the surety and may take on record copies of such
documents.

12. Release order to be sent to jail, if person bailed is in jail –

When a person confined in jail is admitted to bail by order of a
Court, the Presiding Officer shall see that the order of release is
entered in a letter delivery book in the prescribed register (Register
No.261) and sent through one of the Court‘s peon to the Officer-In-
charge of the jail whose signature should be obtained in the letter
delivery book in token of the delivery of the release order to him.
Such orders should in no case be made over to private persons for
delivery to jail authorities.

13. Custody of property concerning a criminal case –

The property concerning a criminal case produced in a Court shall be
kept in custody of the official attached to the Court or may authorize
any person to keep in custody as the court may think fit.

14. List of documents –

All documents filed in the Court by a party or a witness shall be
accompanied by a list of documents in Form (F.145) as envisaged
by section 294(1) of the Code.

15. Witnesses to give evidence from the witness box –

(a) No witness should be provided with any seat on the dais. All
witnesses shall give their evidence from the stand provided in
the court for this purpose. However, the Presiding Officer may
allow the witness to be seated while giving evidence
considering valid grounds such as (i)Infirmity, (ii) old age, (iii)
inordinate length of time in giving evidence, and (iv) for any
other sufficient reason which is justified in the opinion of the
court.
154

(b) Priority in recording evidence shall be given to the aged,

infirm, child, woman witnesses and those holding public office
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e.g. Judicial Officer, Medical Officer, Officer belonging to Army,

 Air force, Navy, Police Officer, Administrative Officer etc.
(c) As far as possible, a convenient waiting place shall be provided
to the witnesses till the time their statement is recorded by the
court.

16. Matter of public importance disposal thereof-

In any criminal case or proceeding, if the Advocate General or the
Public Prosecutor gives a certificate to the effect that a matter of
urgent public importance or public interest is involved therein, the
court shall give such case or proceeding top priority and shall hear
and dispose it off as expeditiously as possible.

17. Disposal of cases involving petty offences –

For expeditious disposal of cases involving petty offences, the
procedure laid down in sections 206 and 253 of the Code shall be
strictly adhered to. Special Summons in such cases shall be issued
in the prescribed form No. 30 of Second Schedule of the Code. The
list of petty offences under section 206(2) of the Code which though
not exhaustive but illustrative is given in Appendix-A of the Code of
Criminal Procedure for the guidance of the Presiding Officers.

18. Police diaries not to be made part of record –

(a) Presiding Officers summoning police diaries from the
investigating agencies shall not keep them tagged with the
Court file in view of sub- section (3) of section 172 of the
Code. Such case diaries shall be kept separately and may be
looked into by the Presiding Officers whenever need arises
and in case they are not required any further they should be
returned immediately to the investigating agency concerned.
(b) Whenever case diary is produced before the court during the
course of enquiry or for obtaining remand under Section 167
Cr.P.C., the Presiding Officer of the court concerned shall
signature over it and fact of making signature should also be
recorded in writing.
19. Fixing of date in transferred case –
When a case is transferred from one Court to another, the Court
which is seized of the case should fix a date for the appearance of
the parties in the transferee Court before sending the record and
should give intimation to the party or pleaders of the parties about
it. The transferee court shall take up the matter on the date fixed for
hearing. No adjournment shall be granted on account of transfer of
case.

20. Attendance of appellant in criminal appeals –

Ordinarily, the judgment in appeal should be pronounced in the
presence of the accused appellant, so that if he is convicted he may
be taken in custody forthwith. Therefore, the Presiding Officers
hearing appeals must insist on the presence of the accused in Court
particularly at the time when the judgment is pronounced.
155
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 ORDER 36
CUSTODY AND DISPOSAL OF PROPERTY
1. Register of malkhana articles -
Any property produced in the Criminal Court shall be entered in the
Malkhana Register (Register No.262) immediately after the receipt
thereof. It shall be the primary responsibility of the Clerk-in-charge
Malkhana or any other clerk nominated in that behalf by the
Sessions Judge to maintain the register regularly who shall also sign
every entry. The entries made in the register shall be countersigned
by the Presiding Officer or the Officer-in-charge Malkhana, as the
case may be.

2. Description of articles –
(a) Accurate and correct description of every article must be
mentioned in the Register of Malthana articles as per the
description given in Form (F.146). In case of weapons, the
description thereof must be mentioned with such particulars as
may enable the Clerk-in-charge to produce it in the Court
without delay.
(b) In case of valuable property such as valuable metals or
ornaments prepared out of such metals, full description of
such properties alongwith their weight shall be noted in
column No. 9 of the register as per the description given in
Inventory or Form (F.146).

3. Storage of case property –

(a) The entry number of the Malkhana Register shall be noted on
each property. Identity slips giving full particulars of the case
shall be attached to the articles. A list of articles indicating
serial number of each set of articles case-wise may be hung at
a conspicuous place in the Malkhana. The Clerk-in-charge
Malkhana, will issue Malkhana Slip (F. XV) to the case clerk
after incorporating necessary entries in it.
(b) Valuable property shall immediately be kept in the double lock.
One key of the double lock will be kept by the Officer-in-
charge of Malkhana or the Presiding Officer, as the case may
be, and other by the Clerk-in-charge of Malkhana. The double
lock safe shall always be opened in the presence of the Officer-
in-charge of Malkhana or the Presiding Officer, as the case
may be. The Register of valuable properties shall be kept in it
and entry shall be made every time it is operated under the
signatures of the Officer-in-charge or the Presiding Officer, as
the case may be, and Clerk-in-charge of Malkhana.
(c) The Presiding Officer/ In-charge Malkhana shall ensure that
due care is taken against tampering with, misuse, distortion or
damage while storing electronic equipments/ devices like SIM,
Pen Drive, Memory Card, Electronic Media and Digital Device
etc. in the Malkhana.
(d) Every identity slip of any article shall be generated by the
system on a glued sheet in duplicate; one slip will be kept on
case file and another will be affixed on article deposited in
Malkhana. Such identity slip shall be replaced as and when
require so as to make it legible.
156

4. Security by Malkhana Clerk. –

The Clerk-in-charge, Malkhana will furnish security of the amount as
Page

may be directed by the Sessions Judge from time to time.

5. Receipt of case property by the Malkhana Clerk –
Every property forwarded by the police or any other agency to a
Criminal Court shall be accompanied by an inventory (F.146) in
triplicate. The clerk-in-charge on receiving the property shall satisfy
himself without breaking the seal of the article(s) that it corresponds
with the items given in the inventory and shall endorse a receipt on
one copy of the inventory and hand over the same to the depositor
who produced the property. One of the copies of the inventory shall
be retained by the Clerk-in-charge, Malkhana, while the third copy
shall be placed on the record of the case concerned. Clerk In-charge
Malkhana will copy the entries of Form (F.146) in the Case
Information System.
Provided, that if the property forwarded by the police or any
other agency is in sealed cover, it shall be kept in the seal cover.
Seal will not be broken for verification of contents of the packet at
the time of deposit.
If during enquiry or trial, it is necessary to verify the contents
of the packet, then it shall be broken; after recording the details,
contents (property) will be re-sealed with the seal of the court. A
note thereof shall be mentioned in the record.

6. Arrangement for production of property in different Courts –

When a property is to be taken away from one Court to another
Court located at a different place or to be produced before the High
Court, it shall be carried by a member of the staff of the Court. The
valuable articles, arms and ammunition shall be carried with the
police escort which shall be provided by the Superintendent of
Police.

7. Production of properties from Malkhana –

The Case Clerk or the Reader shall give the Malkhana Slip (F.147)
to the Clerk-in-charge, Malkhana a day before the date of hearing.
The Malkhana Clerk shall hand over the property to the Reader or
the Case Clerk before the case is called for hearing and obtain a
signature on the Malkhana Slip. The property shall be returned to
the Malkhana Clerk the same day after the hearing of the case when
it is not required, under his signature on the Malkhana Slip. The
Malkhana Slip shall be tagged with the file.

8. Verification of Malkhana Registers –

The Presiding Officer or the Officer-in-charge of Malkhana, as the
case may be, shall verify personally once a year the property with
reference to the registers of Malkhana articles and shall make an
endorsement with the date of verification in the remarks column of
the registers. Every Presiding Officer or the Officer-in-charge
Malkhana, other than the Sessions Judge shall make a report to the
Sessions Judge, having verified the properties indicating in brief,
result of such verification.

9. Disposal of property to await the result of appeal or revision–

In cases where appeal or revision lies to the Supreme Court, High
Court or Sessions Court, the Court shall not dispose of the case
property for 6 months after the expiry of the period of limitation for
appeal or revision or both and if intimation regarding the filing of
appeal or revision is received, till the disposal of the appeal or
revision.
157

Provided that the seized Narcotic Drugs and Psychotropic

Substances shall be disposed of, without any undue delay and in
Page

accordance with the provisions of Section 52A of the Narcotics Drugs

 and Psychotropic Substances Act, 1985.
Provided further, that in appropriate cases and for reasons to
be recorded in writing, the court may dispose of malkhana articles,
during pendency of trial/ appeal/ revision while retaining its
representative sample and while taking colour photographs etc. on
record.

10. Disposal of valuable articles, currency notes, vehicles and

liquor/narcotic drugs during pendency of trial-

(1) Valuable articles

Valuable articles such a golden or silver ornaments or articles
studded with precious stones, need not be kept in police custody for
years till trial is over. The Magistrate should pass appropriate
orders as contemplated under Section 451 Cr.P.C. at the earliest.
For this purpose, if material on record indicates that such articles
belong to the complainant at whose house theft, robbery or dacoity
has taken place, then seized articles be handed over to the
complainant after:
(1) Preparing detailed proper panchnama of such articles;
(2) Taking photographs of such articles and a bond that such
articles would be produced if required at the time of trial;
and
(3) After taking proper security.
For this purpose, the court may follow the procedure of
recording such evidences, as it thinks necessary, as provided under
Section 451 Cr.P.C. The bond and security should be taken so as to
prevent the evidence being lost, altered or destroyed. The court
should see that photographs of such articles are attested or
countersigned by the complainant, accused as well as by the person
to whom the custody is handed over. Still however, it would be the
function of the court under Section 451 Cr.P.C. to impose any other
appropriate condition.
In case, where such articles are not handed over either to the
complainant or to the person from whom such articles are seized or
to its claimant, then the court may direct that such articles be kept
in bank lockers. Similarly, if articles are required to be kept in
police custody, it would be open to the SHO after preparing proper
panchnama to keep such articles in a bank locker. In any case,
such articles should be produced before the Magistrate within a
week of their seizure. If required, the court may direct that such
articles be handed back to the investigating officer for further
investigation and identification. However, in no set of
circumstances the investigating officer should keep such articles in
custody for a longer period for the purposes of investigation and
identification.

(2) Currency Notes –

Aforesaid procedure for valuable articles shall be followed.

(3) Vehicles -
It is of no use to keep such seized vehicles at the police
158

stations for a long period. It is for the Magistrate to pass

appropriate orders immediately by taking appropriate bond and
guarantee as well as security for return of the said vehicles, if
Page
 required at any point of time. This can be done pending hearing of
applications for return of such articles.
In case where the vehicle is not claimed by the accused,
owner, or the insurance company or by a third person, then such
vehicle may be ordered to be auctioned by the court. If the said
vehicle is insured with the insurance company then the insurance
company may be informed by the court to take possession of
the vehicle which is not claimed by the owner or a third person. If
the insurance company fails to take possession, the vehicles may
be sold as per the direction of the court. The court would pass such
order within a period of six months from the date of production of
the said vehicle before the court. In any case, before handing over
possession of such vehicles, appropriate photographs of the said
vehicle should be taken and detailed panchnama should be
prepared.

(4) Liquor/ narcotic drugs -

For articles such seized liquor also, prompt action should be
taken in disposing of them after preparing necessary panchnama. If
sample is required to be taken, the sample may be kept properly
after sending it to the Chemical Analyser, if required. But in no
case, a large quantity of liquor should be stored at the police
station. No purpose is served by such storing.
Similarly, for the narcotic drugs also, for its identification,
procedure under Section 451 Cr.P.C. should be followed of recording
evidence and disposal. Its identity could be on the basis of evidence
recorded by the Magistrate (See Section 52A of the Narcotics Drugs
and Psychotropic Substance Act 1985). Samples also should be sent
immediately to the Chemical Analyser so that subsequently, a
contention may not be raised that the article which was seized was
not the same.
However, these powers are to be exercised by the Magistrate
concerned. The Magistrate concerned would take immediate action
for seeing that powers under Section 451 Cr.P.C. are properly and
promptly exercised and articles are not kept for a long time at the
police station; in any case, for not more than fifteen days to one
month.

11. Special order regarding disposal of property –

In case where the property cannot be disposed of in the manner
directed by the Court, specific orders of the Court should be
obtained for its disposal in any other manner.
In case no order has been passed for disposal of any property,
order for its disposal shall be obtained from the Court.

12. Notice for the return of property –

After a case is finally disposed of by the Appellate or Revisional
Court or where no appeal or revision has been filed and the period of
limitation of appeal or revision has expired, the person to whom the
property is to be delivered, be notified to appear before the Officer-
in-charge of Malkhana or the Presiding Officer concerned, as the
case may be, to receive the property. If he fails to do so within 30
days from the date of receipt of notice, the property shall be sold at
159

his cost by public auction and the amount so realized shall be

credited to Government account. In case the person entitled to the
property fails to claim the same prior to the sale thereof, the Court
Page
 may on his application subsequently direct payment of the amount
obtained from the sale, of such property after deducting the
expenses in conducting the sale thereof.

13. Unclaimed notes and coins –

In case the property referred to in the preceding rule consists of
currency notes or coins or both, the person entitled to the same
shall be notified to receive the same. If he fails to appear for
receiving the same within 30 days of the receipt of the notice, the
amount shall be credited to the Government. If the person entitled
to the property appears subsequently, the Court may, on his
application direct payment of the amount in its discretion.

14. Public auction when to take place –

The property ordered to be forfeited to the State shall be disposed
by the public auction after the final disposal of the case, appeal or
revision or if no appeal or revision has been preferred, six months
after the expiration of period of limitation of appeal or revision.

15. Sale by whom to be conducted and how to be made -

(a) The sale shall be conducted by the Nazir or any other officer
duly authorized by the Court. The Officer-in-charge of
Malkhana or the Presiding Officer, as the case may be, shall
cause a proclamation of the intended auction and sale shall be
published on the notice board of the court concerned and in
such other manner, if the Court may so direct.
(b) Such proclamation shall state the date, time and place of sale
and specify as accurately as possible the description of the
property to be sold.
(c) It shall be incumbent on the Officer-in-charge of Malkhana or
the Presiding Officer, as the case may be, to fix minimum sale
price of the articles to be sold.
(d) No person shall be allowed to make a bid unless he/ she
deposits in cash 10% amount of the minimum sale price of the
articles. It shall also state that the highest bidder will have to
pay the price immediately. Amount of security deposit of
unsuccessful bidder(s) shall be refunded immediately after the
bid is finalized.
(e) The sale shall not take place until after the expiration of at
least 15 days from the date on which the copy of the
proclamation has been affixed on the Court's notice board.
(f) Auction sale shall be held during the Court hours and within
the Court premises.
(g) The Nazir or the officer conducting the sale may adjourn the
sale to a specified date and hour, not exceeding a period of 7
days with the approval of the Officer-in-charge of Malkhana or
the Presiding Officer, as the case may be.
(h) No public servant and no officer or other person concerned
with the sale in any manner, shall bid for, acquire or attempt
to acquire an interest in the property sold.
(i) Proceedings of the sale shall be recorded on the bid-sheet.
(j) Sale shall be confirmed in the name of the highest bidder
unless the Officer-in-charge of the Malkhana or the Presiding
Officer, as the case may be, thinks that the bid offer is grossly
inadequate, in which case the property shall be put to sale
again.
160

(k) The price of the articles shall be paid at the time of the sale.
(l) The Nazir or the officer conducting the sale shall issue a
receipt for the price paid and then hand over the property to
Page
 the purchaser.
(m) If the price is not paid, the property shall be resold.

16. Disposal of forged currency notes, counterfeit coins and

implements –
All counterfeit coins and forged currency notes forfeited by the Court
shall be forwarded to the Issue Department of the Reserve Bank of
India or the Master of the Mint, Security Press, as the case may be,
with a brief report of the case. Similarly, moulds, dies and any other
implements used for counterfeiting coins and forging currency notes
should be sent to the Master of Mint, Security Press, Nasik Road.

17. Disposal of fire-arms-

(1) All arms and ammunitions which are confiscated shall be sent
to the District Magistrate concerned. Firearms and
ammunitions should not be delivered to a person till a licence
is produced by him. If the licence is not produced within a
reasonable time, the articles should be sent to the District
Magistrate for disposal in accordance with law.

(2) Country-made Firearm – Country made firearm should be

destroyed in the presence of Officer Incharge of the Malkhana
after the expiry of the period of limitation for appeal or
revision or both and if intimation regarding the filing of appeal
or revision is received, till the disposal of the appeal or
revision. It should not be handed over to police for
destruction.

18. Disposal of excisable goods in court's custody-

Excisable goods which are confiscated to the State, shall be dealt
with according to rule 78 of the Rajasthan Excise Rules, 1956.

19. Submission of quarterly return –

By the 10th of April, 10th of July, 10th of October and 10th of
January, every Magistrate doing criminal work and every Assistant
and Additional Sessions Judge shall submit to the Sessions Judge a
statement of Malkhana articles in the prescribed Form (Return
No.21). The Sessions Judge shall compile the statements after
adding the figures of his own Court to those of Courts subordinate to
him, shall scrutinize all the statements and shall submit them with
his comments to the High Court by 15th of April, 15th of July, 15th
of October and 15th of January.
161
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 ORDER 37
SUBMISSION OF SENTENCE FOR
CONFIRMATION AND EXECUTION OF
SENTENCE
1. Procedure on passing sentence of death -
When a Court of Sessions passes a sentence of death, it shall forthwith
commit the prisoner by a warrant in the appropriate Form No. XXXX of
the Code to the jail from which he came to stand his trial, and shall
submit its proceedings to the High Court with a letter in the prescribed
Form (F.148) at the latest on the fourth day after the sentence of
death has been pronounced. A copy of the judgment shall be furnished
to the prisoner immediately free of cost as contemplated by the proviso
to sub-section (2) of section 363 of the Code.

2. Counsel for prisoner –

When a Court of Sessions submits its proceedings to the High Court
in the manner laid down in the preceding rule, it shall state in the
prescribed Form (F.147) whether the prisoner has funds or not to
employ counsel in the High Court and whether the prisoner will employ
counsel or not.

3. Female prisoner sentenced to death –

When a Court of Sessions sentences a female prisoner to death, it shall
consider after enquiring from such prisoner herself, if necessary,
whether she is pregnant and if it thinks that it is likely, it shall have her
examined by the District Medical Officer or such other doctor as it may
consider fit and if it finds that she is in fact pregnant, it shall make a
report to the High Court. But the submission of the proceedings to the
High Court under rule 102 shall not be delayed on this account.

4. Date of execution –
The date fixed by a Court of Sessions in a warrant for execution of a
sentence of death shall be not less than 67 days but not more than 74
days from the date of confirmation of the death sentence by the High
Court, unless it be otherwise directed in the order of confirmation.

5. If date postponed fresh warrant to be issued –

When a warrant for the execution of a sentence of death has not been
executed upon the date fixed owing to the postponement of execution
by an order of the Government, and is returned to the Court with a
certificate to that effect, the Judge shall, if the Government has refused
to interfere with the execution of the sentence of death, issue a
warrant in the same form as before, fixing another date for the
execution of the sentence, which shall be not more than seven days
from the date of issue of such warrant.

6. Copy of warrant to be sent to District Magistrate –

On issuing a warrant for execution of a sentence of death, the Court of
Sessions shall forward a copy of the same to the District Magistrate for
information.

7. Separate warrant to jail for each convict –

A separate warrant shall be directed to the Officer-in-charge of the jail
162

for each prisoner in respect of whom a sentence of imprisonment is

passed; the warrant shall show the serial number of the case, and shall
bear the same date as the sentence bears. It shall state the period in
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 words as well as in figures and description of imprisonment and shall
be drawn upon the prescribed Form (F.155) of the Code. It shall
contain full particulars as to any alternative sentence of imprisonment
to be undergone in default of payment of fine, and as to any period of
solitary confinement ordered. It shall mention the period of pre-
conviction detention for the purpose of set off as contemplated by
section 428 of the Code. The following particulars must be clearly and
legibly mentioned in the warrant :-
(1) Date of arrest of the convict;
(2) Date of remand to the police custody and the period spent in
police custody;
(3) Date of remand to the judicial custody and the period spent in
judicial custody;
(4) The total period of detention to be set off against the sentence of
imprisonment.
If the prisoner is a military officer or soldier, his rank and
regiment or department shall be stated in the warrant.
If the prisoner, has been previously convicted, particulars of each
previous conviction showing the date and nature of each sentence, and
the section and Act under which it was passed, shall be endorsed upon
the warrant.
The Court shall fill in the prescribed Form (F.149) regarding
classification of convicts and attach it to the record in all cases of
prisoners sentenced by it or committed to the sessions, in order that it
may be filed with prisoner's warrant and sent to jail with the prisoner.

8. Orders of fines–
(i) Whenever any person convicted of an offence is sentenced or
ordered to pay a fine;
(ii) Whenever any person is ordered to pay into Court for delivery to
any other person any sum by way of compensation, or of
reimbursement of fines or fees paid;
(iii) Whenever any person is permitted to deposit a sum of money in
lieu of executing a bond;
(iv) Whenever any person is called upon to pay the penalty or
aforesaid bond; and
(v) Whenever a Criminal Court orders repayment of court fee;
Presiding Officer shall ensure entries of amount of the fine,
compensation or other sum, deposit, penalty or fee in the
prescribed register of fines, compensation deposits, penalties and
fees (Register No.263).

9. Fines paid into Court to be sent to treasury –

When the amount of fine, compensation or other sum, deposit, penalty
or fee is paid into Court, the Presiding Officer shall send the money, as
soon as possible, to the nearest treasury or sub-treasury or a
scheduled bank authorized to receive money on behalf of the
Government, as the case may be, and shall send therewith e-challan
in-triplicate in the prescribed Form (F.150) signed by him.

10. Fines not paid at once may be paid to Officer-in-charge of Jail-

When a person is undergoing imprisonment in default of any such
payment, the Officer-in-charge of the jail may receive payment of the
whole amount or of any part thereof, and shall thereupon complete the
execution of the warrant or order of imprisonment as provided by law.

11. Procedure in cases under rule 10 –

When any officer receives a payment as described in rule 10 or when
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the officer conducting a sale under a warrant receives the sale

proceeds, the money so received shall be sent, as soon as possible, to
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 the nearest treasury or sub-treasury or a scheduled bank authorized to
receive money on behalf of Government, as the case may be.
The Court or officer receiving the money shall inform the Court
which ordered the payment about the amount received and forward the
original treasury voucher under which it was paid into the treasury or
an attested copy thereof to such Court.

12. Details to be noted in e-challan –

In e-challan and warrant for distress and sale, there shall be
made a clear entry as to the number of the case, the exact nature of
the payment made or to be made, the person who is or was liable for
the payment, and the manner in which the amount paid is to be
credited to Government or to a Municipal or Cantonment fund as
required by law or the orders of Government or as a Criminal Court
deposit.

13. Payment to Treasury to be made as early as possible –

(1) Every sum received by a Court or officer shall be deposited within
three days of receipt to a treasury or sub-treasury or where there
is no treasury or sub-treasury, in a scheduled bank authorized to
receive money on behalf of the Government, as the case may be.
(2) If the treasury or sub-treasury or the Bank is closed on last day,
then the next day on which the treasury or sub-treasury or the
Bank is open.
(3) When a court or officer is at a distance from the treasury or sub-
treasury or such bank, receipts not exceeding Rs.2000/- shall be
deposited therein at least once in a fortnight, but if the receipts
exceeds sum of Rs.2000/-, it shall be deposited at the earliest.
(4) When sums more than one are sent at the same time, a separate
e-challan in triplicate shall be sent for each sum. Sums shall be
sent through e-challan (F.150) which shall contain details
regarding each item included in the amount remitted by the e-
challan.
(5) When any sum received in a court is not sent to the treasury or
sub-treasury or scheduled bank authorized to receive money on
behalf of the Government, as the case may be, within three days,
the Presiding Officer shall make arrangements for its safe custody
until it can be remitted.

14. Court receipt book –

Every Court shall issue a receipt in Form (F.151) to every person
making the payment to the court. The receipt shall be generated
through Case Information System.

15. Payment to be entered in register and receipts given-

When any payment is made into Court under preceding rule and when
duly authenticated intimation of any payment is received under
preceding rules, the Court shall make an entry of the receipt in the
appropriate register and shall cause a receipt for the amount to be
prepared in triplicate, one for depositor, one for record and one for
accounts. Such receipt shall be made over to the payer, if he is
present. If he is not present, it shall be sent to him by post; if he is in
custody through the officer-in-charge of the jail.
Upon the counterfoil of every court fee receipt, the number and
the date of treasury receipt upon the e-challan under which the money
was paid into treasury shall be entered as soon as possible and such e-
challan shall then be filed with the record.
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16. Refunds –
When an order is made for the refund of a sum which has been credited
in the treasury, the order or a copy thereof shall at once be sent to the
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 Court which directed the credit and that Court shall take necessary
steps for its refund. Any refund to party shall be transferred to the
bank account of the party concerned.

17. Register of fines –

The register of fines, compensation, deposits, penalties and fees shall
be maintained in the prescribed Form (Register No.263). A fresh page
shall be begun each month. A separate line shall be given for each
person ordered to make any payment even if two persons or more are
subjected to such an order in one case. The entries in respective
column shall be made as soon as the judgment/ order is passed. The
entry in relevant column shall be made as soon as the warrant for levy
is issued. The entries in respective columns shall be made as soon as
payment is made or on receipt of information, from the Treasury that
the deposit has been credited to Government. These entries shall be
checked and initialed by the Presiding Officer. He shall compare the
amount entered in the Court receipt book with that entered in the
treasury receipt and also with the amount entered in respective
column.

In column 18, a note to the following effect shall be made:—

(a) The amount of fine which is not credited to the Government.
(b) Exact nature of every sum other than a fine entered in column 7.
(c) Provision of law under which every sum entered in column 8 is
awarded and a clear statement whether it is intended as
compensation or reimbursement or reward.
(d) When a deposit made in lieu of executing a bond is forfeited either
wholly or in part, then the serial number and the year of the entry
of penalty, against the entry of the deposit.

A separate entry shall be made in columns 1 to 7 when a deposit

made in lieu of executing a bond is forfeited wholly or in part, as soon
as the order of forfeiture is passed.

18. Irrecoverable amounts –

Any Sessions Judge or District Magistrate and any judicial or executive
Magistrate, as the case may be, with the written permission of the
Sessions Judge or the District Magistrate, as the case may be, may at
any time write off as irrecoverable any amount of which recovery has
been ordered by his Court or in case that Court has been abolished, by
the successor Court, if it appears to him that the amount cannot be
recovered:
Provided that the sanction of the Sessions Judge or the District
Magistrate, as the case may be, shall be unnecessary when the ground
for remission of the fine is that the offender has undergone the
imprisonment for the full term awarded by the Court in default of
payment of fine.
Explanation - For the purpose of this rule, the term Sessions
Judge be deemed to include an Additional or Assistant Sessions Judge.

19. Monthly certificate on register of fines –

At the end of every month, the Presiding Officer of each Court shall
certify on the register of fines, compensations, deposits, penalties and
fees that he has examined all outstanding items that seem capable of
realisation and has taken proper steps in each case.
At the beginning of every year, before making entries for that
year, all the outstanding items which remain unrealized shall be
entered in red ink.
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20. Statement of demand, collection and balance of fines –
At the end of every month, the Presiding Officer of each Court shall
submit to the Sessions Judge or to the District Magistrate, as the case
may be, a statement in the prescribed Form (Return No.22) showing
the demand, collection and balance of fines levied and written off. The
statement shall refer to the account month of the treasury or sub-
treasury with which the Court deals. The Sessions Judge and the
District Magistrate should each consolidate these returns into a monthly
fines statement(Return No.23) for the Courts under him and for his
own and forward it to the Treasury Officer, as soon as possible, after
the end of the month, for verification of the amounts shown as
remitted into the treasury with the credit appearing in the treasury
account. The Treasury Officer should certify the correctness or
otherwise of these amounts. Where there is any discrepancy between a
consolidated statement and the treasury account the Treasury Officer,
may if necessary, before giving his certificate request the Sessions
Judge or the District Magistrate, as the case may be, to explain the
discrepancy.

21. Statement of fines –

(a) All amounts realized by Criminal Courts as fines and payable to
municipal funds should be credited to the local fund account
concerned.
(b) A monthly return in the prescribed Form (Return No.24) of all
amounts realized by Criminal Courts as fines and credited as
required by law to local fund account shall be transmitted to the
concerned local body.

22. Record-keeper to decline taking record till recovery or non

payment accounted for –
The record-keeper shall not take delivery of the record of any case in
which the recovery of payment of money has been ordered unless
money is realised or reported to be irrecoverable or an
acknowledgment of its receipt by the Officer-In-charge of the treasury
or sub-treasury or other person entitled to receive money, or a report
signed by the Presiding Officer of the Court accounting for non-
payment is filed therein.

23. Officer-in-charge of jail to be informed of payment –

Every Court upon receiving a payment on behalf of a person who is in
jail under a warrant directing imprisonment in default of such payment
shall at once inform the Officer-in-charge of the jail, if the payment
was received otherwise than through the jail.

24. Warrant to be filed after execution –

When a warrant or an order upon which a sentence is executed is
returned after execution to the Court by which it was issued, the Court
shall send it to the record room to be filed with Part A of the record of
the case to which it belongs.
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 ORDER 38
APPEAL

1. Presentation of Appeal—
Every memorandum of appeals shall be filed at Centralized Filing
Counter.
(a) If at the time of filing the memorandum of appeal, appellant is
in jail, such memorandum of appeal may be presented either
to the Officer-in-charge of prison by the prisoner himself, or
before such official appointed by the court or by the District
Judge to receive such presentation by a pleader authorized by
him. A memo of appearance or vakalatnama, if filed, shall be
signed by the prisoner and forwarded by the officer-in-charge
of prison under his signature after due attestation.
(b) If such memorandum of appeal is presented before
Superintendent of the Jail, he shall send the memorandum of
appeal to the concerned Court.
(c) If it appears from the memo of appeal that the prisoner wishes
to be represented by pleader, the court shall not proceed with
the memo of appeal until seven days have elapsed, since the
date of its receipt unless pleader appears earlier. If it appears
that the prisoner has no sufficient means to engage a pleader
the court shall assign a pleader for his memo of appeal at the
expense of the State and with a simultaneous request to Legal
Service Authority.
(d) The papers of an appeal or revision shall be kept stitched
together in a cover in the prescribed Form (F.152).

2. Contents of memo of appeal-

(1) The cause title of every memorandum of appeal shall contain -
(a) The designation of the Court;
(b) The name, age, description and address with police
station of each appellant;
(c) The name, age, description and address with police
station of each person who is proposed to be made the
opposite party;
(d) The status (whether prosecution, complainant, applicant,
accused or non-applicant etc.) of the parties in the Court
of first instance, if any;
(e) Date of the impugned judgment/order; and details of
conviction with reference to offence and
sentence/acquittal with reference to offence;
(f) Case number in which such judgment / order was passed
by the original Court along with FIR Number, name of
Police Station and details of offence;
(g) Facts of the case in brief;
(h) Grounds, numbered serially;
(i) Relief prayed for;
(j) It shall be stated as to whether it is first or subsequent
appeal against the impugned order. If subsequent, the
particulars and result of earlier proceedings shall be
disclosed;
(k) It shall also be stated as to whether there is any
167

connected appeal(s) against same judgment/order is

pending, if yes, the details if any; and
(l) It shall also be stated that the appellant(s) has not filed
Page

any revision petition before High Court.

 (2) A memorandum of appeal against conviction, except in cases
where the sentence has been suspended by the Court below,
shall contain a declaration to the effect that the convicted
person is in custody or has surrendered after the conviction.
(3) In cases, where the sentence has been suspended by the court
passing the sentence, the factum of such suspension and its
period shall be stated in the memorandum of appeal.
(4) Every such memorandum of appeal shall be accompanied by a
certified copy of the impugned judgment or order together
with self-attested copy/ copies of other relevant record
necessary for decision of the memorandum of appeal, with
affidavit certified to be correct by the party supplying them or
his advocate, as the case may be.
Provided, that Court may dispense with the
requirement of filling certified copy of the judgment/ order.

3. Report by Sr. Munsarim/ Munsarim or Reader—

Every memorandum of appeal when received be examined at once
by the proper officer, who shall endorse upon it a report—
(i) Whether it is within limitation.
(ii) Whether the appeal lies to the Court.
(iii) Whether the Court fee paid is sufficient.
(iv) Whether it is accompanied by requisite documents.
The proper officer in the Court of Sessions shall be either the
Sr. Munsarim/ Munsarim or the Reader, as the Judge may
direct. In every other Court, the Reader shall be the proper
officer.

4. Requisition of Record-
In every such case, the record shall be obtained from record-room
or court in which it is, by means of a requisition in the prescribed
Form (F.153).

5. Notice to appellant and the officer appointed under section

385(i) of Cr. P.C.- As soon as the date of hearing is fixed, the
appellate courts shall cause notice thereof to be given to the
appellant or his pleader. A notice of the date of hearing in the
prescribed Form (F.154) shall also be given to the Public Prosecutor
along with a copy of memorandum of appeal. The same procedure
shall also be applicable in case or revision if the Court orders notice
to be given.
Explanation- The expression 'Public Prosecutor' shall include
Additional Public Prosecutor, Assistant Public Prosecutor and Special
Public Prosecutor appointed by the Central or State Government, as
the case may be.

6. Notice to appellant in Jail-

Where the appellant is in jail, a notice specifying time and place at
which the appeal will be heard shall be sent in the prescribed Form
(F.154) under a covering docket in the prescribed Form (F.155) by
the appellate court directs to the Superintendent of the jail for the
communication to the appellant and return with an endorsement
that the appellant has been duly informed.
A copy thereof shall also be endorsed to Para Legal Volunteer
working in the concerned jail through concerned Legal Service
Authority.
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7. Procedure when appeal decide u/s 385 (2)-
(1) When an appellate court has sent for the record under section
385(2) of the Code it shall, after deciding the appeal send
back the record along with a certified copy of the judgment or
order in appeal.
(2) Appeal dismissed- If the appeal is dismissed and the appellant
in on bail, the Court which passed the original sentence, shall
issue the necessary orders requiring the appellant to
surrender, or in default of his surrendering, the necessary
orders for his arrest and confinement in jail; provided that if
the appellant who had been released on bail is present in
Court when the appeal is dismissed, he may, by the order of
the Court, be taken, into custody by the constable of the Court
and sent to the Superintendent of the jail with a warrant to
admit the accused to serve out the reminder of the sentence.
(3) If the appellant is in jail and the appeal is rejected or
dismissed, the appellate court shall also certify the judgment
or order to the Officer-in-charge of the jail for communication
to the appellant.
(4) The above procedure shall also be followed in the case of an
application for revision and in proceedings in Courts of
Sessions u/s 122 of the Code.

8. Procedure when High Court rejects appeal or application-

When the appeal or application of a person on bail has been
dismissed by the High Court, the Chief Judicial Magistrate shall
report to the High Court that the order to surrender to bail has been
carried out.

9. Procedure when sentence altered reversed or confirmed-

(1) When the sentence under which the appellant is in
confinement is reversed or modified, the appellate court shall
issue a fresh warrant in conformity with its judgment or order,
after including therein all appropriate endorsements on the
original warrant, and shall send the new warrant direct to the
Officer-in-charge of the jail in which the appellant in appeal
was preferred to be attached to the original record.
The Presiding Officers submitting record to the appellate court
shall see that the original warrant, if necessary, has been
drawn and placed on record.
(2) When a sentence is modified or reversed in appeal by the High
Court, the warrant shall be signed and issued by the Court to
which the appellate judgment or order is certified under
section 388 of the Code. Provided that if it is shown that delay
in the release of a prisoner would otherwise be cause, the
warrant may be issued direct by the High Court and the face
intimated to the Lower Court.
(3) When the appellant has been admitted to bail pending the
hearing of the appeal, the following special rules shall apply:-
(a) When 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 appellant was admitted
to bail, with a direction to discharge him.
(b) When a sentence is modified on appeal, the appellate
court shall prepare a fresh warrant in conformity with its
order, and shall send it with the original warrant and
169

with a copy of its order to the Court by which the

appellant was admitted to bail, with directions to take
Page

measures to secure his surrender and recommitment to

 jail on the modified warrant, if under the latter, the
appellant remains liable to imprisonment.
(c) When a sentence is confirmed on appeal, the appellate
court shall return the original warrant with a copy of its
order to the Court by which the appellant was admitted
to bail, with directions as in sub-rule (b) of the rule.
(d) When the appellant surrenders to bail in the appellate
court, the Court shall:-
(i) If the sentence is reversed on appeal, discharge
him;
(ii) If the sentence is modified or confirmed on appeal
and the appellate court is not the High Court of
judicature, send him in custody with the modified
or the original warrant, as the case may be, to the
Officer-in-charge of the jail of the district in which
the appeal has been heard, with direction to
recommit him to jail; and
(iii) If the sentence is modified or confirmed on appeal
and the appellate court is the High Court of
Judicature, send him to the Superintendent of the
jail at Jodhpur or Jaipur, as the case may be, in the
manner directed in clause (ii).
(4) It is the duty of the Court to which the appellant surrenders, in
view of the provisions of section 389 (4) of the Code, to
endorse on the warrant, the date of his release on bail and of
his subsequent surrender.
The original Court or the Trial Court from whose order
the appeal was preferred must prepare and place on record
the warrant under section 418 (1) of the Code even if the
sentence is suspended by it or by the appellate court. The
appellate court shall send that warrant along with the warrant
of its own to be Officer-in-charge of the jail in which the
appellant is confined; The original warrant shall mention the
following particulars also:-
(i) Date of arrest of the convict by the police.
(ii) Date of remand to the judicial custody.
(iii) Date of release on bail.
(iv) Whether at present in custody.
(v) Number of days to be set off against sentence of
imprisonment in view of section 428 of the Code. The
warrant prepared and sent by the appellate court to the
Officer-in-charge of the jail in which the appellant is
confined or is to be confined must also mention all
relevant information required for the purpose of set off
under section 428 of the Code.

10. Order suspending sentence to be certified-

When a Court orders that execution of a sentence be suspended, it
shall certify its order to the Court by which sentence was passed,
and if the appellant or applicant is in jail, to the Officer-in-charge of
the jail for communication to the appellant or applicant, and for
report that the necessary action has been taken.

11. Date of appearance of parties in remanded appeal-

When a case is remanded by the appellate court or an order staying
proceedings is discharged by such Court, a date for the appearance
170

of the parties in the Trial Court shall be fixed by it at the time of

passing the order and the appellate court shall see that record is
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transmitted to the Trial Court without any unnecessary delay.

 ORDER 39
CRIMINAL REVISION
1. Presentation of Petition—
Every petition of revision shall be filed before such official appointed by
the court or by the District Judge to receive such presentation.

(a) If at the time of filing the petition of revision, petitioner is in jail,

such petition of revision may be presented either to the Officer-
in-charge of prison by the prisoner himself, or before such
official appointed by the court or by the District Judge to receive
such presentation by a pleader authorized by him by a pleader
authorized by him. A memo or appearance or vakalatnama, if
filed, shall be signed by the prisoner and forwarded by the
officer-in-charge of prison under his signature after due
attestation.
(b) If such petition of revision is presented before Superintendent of
the Jail, he shall send the petition for registration to the
concerned court.
(c) If it appears from the petition that the prisoner wishes to be
represented by pleader, the court shall not proceed with the
petition until seven days have elapsed, since the date of its
receipt unless pleader appears earlier. If it appears that the
prisoner has no sufficient means to engage a pleader the court
shall assign a pleader for his petition at the expense of the State
and with a simultaneous request to Legal Service Authority.
(d) The papers of an appeal or revision shall be kept stitched
together in a cover in the prescribed Form (F.152).

2. Contents of Petition of revision-

(1) The cause title of every petition of revision shall contain -

(a) The designation of the Court;

(b) The name, age, description and address with police station of
each petitioner or applicant;
(c) The name, age, description and address with police station of
each person who is proposed to be made the opposite party;
(d) The status (whether prosecution, complainant, applicant,
accused or non-applicant etc.) of the parties in the Court of
first instance, if any;
(e) Date of the impugned judgment/order; and details of
conviction with reference to offence and sentence/acquittal
with reference to offence;
(f) Case number in which such judgment / order was passed by
the original Court along with FIR Number, name of Police
Station and details of offence;
(g) Facts of the case in brief;
(h) Grounds, numbered serially;
(i) Relief prayed for;
(j) It shall be stated as to whether it is first or subsequent
revision against the impugned order. If subsequent, the
particulars and result of earlier proceedings shall be
171

disclosed;
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 (k) It shall also be stated as to whether there is any connected
revision against same judgment/order is pending, if yes, the
details if any; and
(l) It shall also be stated that the petitioner(s) has not filed any
revision petition before High Court.
(2) A petition of revision against conviction, except in cases where
the sentence has been suspended by the Court below, shall
contain a declaration to the effect that the convicted person is in
custody or has surrendered after the conviction.

(3) In cases, where the sentence has been suspended by the court
passing the sentence, the factum of such suspension and its
period shall be stated in the petition of revision.

(4) Every such petition of revision shall be accompanied by a

certified copy of the impugned judgment or order together with
self-attested copy/ copies of other relevant record necessary for
decision of the petition of revision, with affidavit certified to be
correct by the party supplying them or his advocate, as the case
may be.

Provided, that Court may dispense with the requirement of

filling certified copy of the judgment/ order.

3. Report by Sr. Munsarim/ Munsarim or Reader—Every petition of

revision when received at Centralized Filing Counter shall be examined
at once by the proper officer, who shall endorse upon it a report—

(i) Whether it is within limitation.

(ii) Whether the revision lies to the Court.
(iii) Whether the Court fee paid is sufficient.
(iv) Whether it is accompanied by requisite documents.
The proper officer in the Court of Sessions shall be either the Sr.
Munsarim/ Munsarim or the Reader, as the Judge may direct. In
every other Court, the Reader shall be the proper officer.

4. Requisition of Record- No record shall be called from the Court in

which original case is pending, however, record can be obtained, if
already consigned to record room by means of a requisition in the
prescribed Form (F.153).

Provided, if in the opinion of the court, original record is

essential for decision of the petition, in that case, record can be called
at the time of hearing/ decision, and such record shall not be detained
for more than fifteen days.

5. Notice for hearing.—

(1) If the revision petition is admitted for hearing, court shall fix a
date of hearing. As soon as the date of hearing is fixed, the
Court shall cause notice thereof to be given to the petitioner or
his pleader. A notice of the date of hearing in the prescribed
Form (F.154) shall also be given to the Public Prosecutor or
opposite party as the case may be, along with a copy of petition
of revision.
172

Explanation.—The expression 'Public Prosecutor' shall include

Additional Public Prosecutor, Assistant Public Prosecutor and
Page
 Special Public Prosecutor appointed by the Central or State
Government, as the case may be.

(2) Where the petitioner/ non-petitioner is in jail, a notice specifying

time and place at which the petition will be heard shall be sent in
the prescribed Form (F.154) under a covering docket in the
prescribed Form (F.155) by the Court directing to the Officer-in-
charge of prison for the communication to the petitioner/ non-
petitioner and return with an endorsement that the petitioner/
non-petitioner has been duly informed.

A copy thereof shall also be endorsed to Para Legal

Volunteer working in the concerned jail through concerned Legal
Service Authority.

(3) Where the Court has ordered notice to be issued, the petitioner
shall supply as many legible typed/printed copies or photocopies
of petition, application for grant of bail or for grant of any urgent
relief pending revision with affidavit, certified to be correct by
the party supplying them or his advocate, as there be parties to
be served.

(4) No notice shall be issued from the office/court until the required
number of such copies have been supplied.

(5) Nothing herein-before contained shall apply to revisions

preferred by a person confined in prison and sent through the
officer-in-charge of the jail. In such cases, requisite copies shall
be furnished by the court.

6. Procedure when petition is decided.—

(1) When a Court has requisitioned the record from court/ record
room, it shall, after deciding the petition, send back the record
along with a certified copy of the judgment or order in petition.

(2) If the petitioner/ non-petitioner is in jail and the petition is

rejected or dismissed, the Court shall also certify the judgment
or order to the Officer-in charge of the jail for communication to
the petitioner/ non-petitioner.

A copy thereof shall also be endorsed to Para Legal

Volunteer working in the concerned jail through concerned Legal
Service Authority.

7. Order suspending sentence to be certified.—When a Court orders

that execution of a sentence be suspended, it shall certify its order to
the Court by which sentence was passed, and, if the petitioner is in
jail, to the Officer-in-charge of the jail for communication to the
petitioner, and for report that the necessary action has been taken.

A copy thereof shall also be endorsed to Para Legal Volunteer

working in the concerned jail, through concerned Legal Service
Authority.

8. Date of appearance of parties in case of remand.—When a case is

remanded by the Court or an order staying proceedings is discharged
by such Court, a date for the appearance of the parties in the trial
Court shall be fixed by it at the time of passing the order and the court
173

shall see that record is transmitted to the trial Court without any
unnecessary delay.
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9. Procedure when sentence altered, reversed or confirmed.-
When the sentence under which the petitioner is in confinement is
reversed or modified, the court shall issue a fresh warrant in
conformity with its decision, after including therein all appropriate
endorsements of the original warrant, and shall send the new warrant
direct to the officer in charge of the jail in which the petitioner is
confined. The original warrant shall at the same time be cancelled and
transmitted by the revisional court to the court of which the finding,
sentence or order revised was recorded or passed and the court to
which such cancelled warrant is sent, shall attach it to the original
record with necessary amendment in accordance therewith.

174
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 ORDER 40
PRESERVATION OF RECORD
1. Custody of the record-
Except as otherwise provided for in these Rules, no Judge or
Magistrate shall part with the custody of the record of a case or any
document therein.

2. Powers of Presiding Officers to examine records –

The Presiding Officer of a Court requiring to examine at his private
residence a record of a case in his Court, may take charge of such
record. The Official in whose custody such record may be, shall
enter in a book to be kept in the Office for that purpose, a note
describing the record so taken charge of by the Officer, the date
when the Officer took charge of the record, and the date when the
same was returned to the said Official.

3. Certificate before transmission of record-

Whenever a record is to be sent from a Court or record-room to
another Court or record-room, the reader or record-keeper, as the
case may be, shall carefully examine the record before transmitting
it, and shall attach and sign at the foot of the general index, a
certificate on prescribed Form (F.156).

4. Examination on receipt and report if necessary-

When the record of a case is received in a Court from another Court
or from the record-room, the reader shall at once report to the
Court if the record is not in all respects in order and corresponding
to the general index so as to prevent the possibility of doubt as to
the office responsible for a missing document or for errors and
deficiencies in the record.
If the record is received from any appellate court, the reader
or record-keeper, as the case may be, shall carefully examine the
record and shall lay it before the Court. Every copy of judgment or
order received from any appellate court shall be placed on the
general index and filed with the record.

5. Division of record into classes-

When a record is complete, and before it is sent to the record-room,
the reader shall note thereon the Class to which it belongs and shall,
in any doubtful case take the order of the Court. The Clerk-in-charge
of the record shall in every record belonging to Class I or Class II,
separate the papers belonging to Part A from those belonging to Part
B, Part C and Part D and put the papers belonging to Part A in book-
form and shall affix the front part of the wrapper on the outside of
the book thus formed. He shall make up the papers belonging to
other parts in book-form and attach the book so prepared to the
Part A book.

6. When records are to be sent to record-room-

(1) The records of completed cases in the Courts shall be
transmitted to the record-room not later than the last day of
the month succeeding the month in which the case was
disposed.
(2) Records received back from any appellate court and paper(s)
175

received in a Court after a record has been sent to the record-

room (e.g. orders summarily rejecting appeals, warrants
Page
 returned after execution etc.) shall be sent to the record-room
at the earliest.
(3) For the return of record of cases under appeal that have been
sent for by courts of appeal, the Form prescribed (F.157) for
transmission of record shall be used.
(4) The records of completed cases in the courts of Executive
Magistrates shall be transmitted to the record-room of the
District Magistrate on such dates and in such manner as the
District Magistrate may from time to time, by written order,
prescribe.

7. List of records to be maintained-

(1) Each bundle of completed records shall be accompanied by a
list of the records, it contains. The Clerk-in-charge of the
records shall prepare the list and shall enter the records
therein in the order of the dates of decision. But, if the dates
of decision of two or more cases to which the list relates are
the same, they shall be entered in the order in which they
stand in the Court's registers. The reader shall examine the list
and when he has checked that every case ready to be sent to
the record-room has been duly entered therein, he shall sign
the list.
(2) If a completed record is required for use in the Court in which
it was completed, or if it has been requisitioned by another
Court or if, for any other reason, a completed record is not
sent to the record-room, that shall be sent to the record-
keeper, in the monthly bundle, in place of every such record, a
copy of the form of requisition under which it has been
detained, or transmitted elsewhere; the record-keeper shall
deal with this as an original requisition.
(3) If police record and miscellaneous proceedings are not filed
with the record of a regular case, then list shall also be
prepared in Form (F.159) along with Form (F.158) and shall
be placed on top of the records in the bundle. When the
records have been examined, as provided in rule 8, and have
been placed in their racks, the list shall be bound with
previous lists of records in the record-room so as to form a
register of decided cases.
The Reader shall make out an invoice in the prescribed
Form (F.160) of all the records and other papers forming each
consignment to the record-room. The invoice (but not the
counterfoil or the whole book) shall be sent to the record
keeper, who shall compare the number of records and papers
entered therein with the number actually received and shall
sign the invoice and return it to the Court. The Reader shall
then attach it to its counterfoil in book.

8. Record to be kept in a rack-

Until the records and papers received in the record-room are
examined by the record-keeper as provided in rule 8, they shall be
kept in a rack set apart for the purpose.

9. Examination by the Record-Keeper-

After the records and papers have been received, the record-keeper
shall examine each record at the earliest and satisfy himself:-
176

(1) that every record is properly entered in the list of the bundle
to which it belongs, and that it has been properly classified;
Page
 (2) that the papers in the record correspond with those entered in
the general index;
(3) that the papers in the record bear no erasures or
interlineations but those noted in the general index;
(4) that the papers bear the stamps entered in the general index;
(5) that the stamps have been duly cancelled and punched;
(6) that on each paper the number and aggregate value of the
stamps on it have been recorded;
(7) that all orders have been duly signed;
(8) that the provisions relating to the realization of fines have
been properly complied with.

If the record be found in order, the record-keeper shall enter

and sign below the certificate signed by the Reader a
certificate to the following effect:-
" Record examined and found correct."

If a list be found incorrect or a record found defective in

any respect, record-keeper shall submit it with a report for the
orders of the Officer-in-charge of the record-room or of the
Sessions Judge or of the District Magistrate, as the case may
be. While making an examination the record-keeper shall
punch a hole in each stamp distinct from the hole previously
punched. The punching shall invariably be made in the middle
of that part of the label on which its value is printed but shall
not remove so much of the stamp as to render it impossible or
difficult to ascertain its value or nature.

10. Subsequent papers to be filed-

A paper to be filed with a record already in the record-room (e.g. an
order summarily rejecting an appeal, a warrant returned after
execution etc.) shall be sent after its stamps, if any, duly punched to
the record-room, as soon as may be, after its receipt and requisite
entries in the prescribed registers. The record-keeper shall, on
receipt of such paper, enter it in the general index of the relevant
record. An entry shall be made below the certificate signed by the
Reader or if necessary, on a fresh sheet of the general index.

11. Prohibition against unauthorized removal of records-

Unless otherwise provided, no judicial record or its part shall be
taken out of Court building or premises by any ministerial officer on
any pretext whatsoever. A breach of this rule will render the officer
liable to dismissal.
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 ORDER 41

REQUISITION FOR RECORDS

1. Requisition for record-

When under any law or any rule having the force of law a Court sends
for the record of a Criminal case, whether pending or decided, the
Court shall send a requisition in the prescribed Form (F.153) and the
cost of transmission shall ordinarily be borne by the Government.

2. Requisition by party through Court-

(a) For the requisition of a record or portion of a record on behalf

of a party to a case from any Civil Revenue or Criminal Court,
a written application shall be made stating the purpose for
which the record is required. A separate application shall be
made for each record or part of a record required and each
such application shall bear a court fee label as provided by the
Rajasthan Court Fees and Suits Valuation Act, 1961.
(b) Whenever such application is made by any party to the court,
such application shall not be refused except for the reasons to
be recorded in writing.

3. Transmission of Record-

When an order for transmission of a record has been made, the Reader
or Record-keeper shall send the record under the prescribed Form
(F.157) for transmission after filling up the appropriate columns of the
form. The form of the requisition received be kept in the place from
which the record was taken.

4. Register of requisition and return-

The clerk of the concerned section in each Court and the Record-keeper
in the record-room shall keep a register of ―Requisitions for record and
return thereof‖ in the prescribed form (Register No.249). An entry
regarding requisition and return shall be made accordingly in the
register when the record is transmitted or returned.

5. Record to be promptly returned-

When the record is no longer required, it shall be promptly returned.

The appropriate columns of the form of transmission shall be filled up
and the form shall be returned with record.

6. Examination of Record on receipt-

On receipt of the record, the Reader or the Record-keeper shall make

an examination as prescribed in these rules, after making relevant
entries in respective columns of the Register of Requisitions and shall
file the requisition and the form for transmission with the record, and
restore the record to its appropriate place.
178

7. Scrutiny of Register-
Once in every quarter, the register of requisition shall be laid before
Page

the Court or the Officer-in-charge of the record-room, as the case may

 be, for orders as to records which were issued more than three months
back and have not been returned.

8. Mode of transmission of record-

The following instruction shall be observed for the transmission of

records from one Court to another:-
(i) Records shall be securely packed (in wax-cloth, when necessary),
and shall subject to the proviso hereinafter contained, be
transmitted by post or rail. Each parcel shall contain the papers
connected with one case only. Postage shall, except when the
requisition otherwise states, be prepaid by service postage
stamps :
Provided that if the record to be transmitted to a Court
situated in the same place as the Court transmitting it, it shall be
sent by a Government messenger.
(ii) An acknowledgment shall invariably be required from the Court to
which a parcel containing a record has been dispatched, and in
the event of none being received within a reasonable time,
inquiry shall be made to ascertain the cause.
(iii) Records may be sent by parcel post or by any other convenient
mode including messenger.
(iv) Information of transmission and receipt thereof shall also be
shared on email.

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 ORDER 42
DESTRUCTION OF RECORDS
1. Classification of records-
Records shall be classified into two categories as follows:-

Class I

Every case in which the offence charged is punishable with

imprisonment exceeding two years, with or without fine and cases
not otherwise provided for in these Rules including cases under
section 108 of the Code.

Class II

(i) Every complaint dismissed under section 203 of the Code.

(ii) Every case compounded under the law.
(iii) Every application dismissed and every miscellaneous report of
proceedings, when not filed as part of the record of a regular
case.
(iv) Every case in which an accused person is discharged under the
provisions of section 249 of the Code.
(v) Every case under section 133 of the Code.
(vi) Every case in which an accused person is acquitted under sub-
section (1) of section 256 of the Code or under section 257 of
the Code.
(vii) Every case in which the offence charged is punishable with fine
or with imprisonment not exceeding two years, with or without
fine.
(viii) Every Appeal and Revision case.
(ix) Every Criminal Miscellaneous case including transfer
applications & memo of appeals.
(x) Cases under Chapters VIII and IX of the Code except cases
under section 108 of the Code:
Provided that a Court for reasons to be recorded in
writing may order that any case or proceeding belonging to
Class II be treated as belonging to Class I or vice-versa.

2. Destruction of papers-

(1) Every paper of the record shall be preserved in Digital/

electronic form on Electronic Storage Media with the
mechanism of retrieval as and when required in terms of the
provisions of Information Technology Act, 2000 as amended
time to time.
(2) Any paper of the record can only be destroyed after
preservation as detailed above.
(3) Any paper of the record in physical form can be destroyed
after six months of digitization of the record.
(4) In cases in which original documents have been filed in a
criminal record, the concerned court shall, before destroying
the record on expiration of the period of retention, publish a
notice on website of the court stating therein, the impending
destruction of the record and calling upon all the concerned to
180

take back the original document in question. If the document

is not claimed, it shall be destroyed accordingly. Such notice
Page

shall also be pasted on conspicuous part of the court.

(5) In foregoing provisions, any reference to the period for
destruction/ preservation of the record shall be reckoned after
digitization of the record as detailed above; and shall be
reckoned from the 30 th June or 31st December next ensuing
after digitization of the record.
(6) Period of destruction of records-
(a) Permanent –
(i) Part A.
(ii) Record of evidence.
(iii) Commission with return thereof and deposition.
(iv) Report of Chemical Examiner and other reports
mentioned in Section 292 and 293 of the Code.
(v) Exhibited documents admitted in evidence.
(vi) The record of a case in which an accused has
absconded or is a lunatic or person has been
ordered to pay maintenance, shall not be destroyed
until it be provided to the satisfaction of the Chief
Judicial Magistrate/ Chief Metropolitan Magistrate
that such accused or other person is dead, or until
a period of 50 years has elapsed since the order
was passed.
(vii) If in a record warrant of sentence, if any, is not
attached with the certificate as to the manner in
which the sentence was executed, such record shall
be laid before the court for further orders before
destruction.
(b) All other paper of Part B, Part C and Part D of Class I
record not included in Rule 7(a), shall be destroyed on
the expiration of two years.
(c) The entire record in Class II except the record mentioned
in Rule 7(a) i.e. permanent record shall be destroyed on
the expiration of one year.
Provided that, Presiding Officer of the court may, at
his discretion, direct the retention for a longer period or
permanently of any paper which he may consider likely
to be useful in the future.
(d) Transitory provision- Till digitization of the record, any
paper of the record may be destroyed as under:-
The entire record in Class II shall be destroyed on
the expiration of one year.
Part D in Class I shall be destroyed on the
expiration of one year.
Part A, Part B and Part C in Class I shall be
destroyed on the expiration of three years, except in
cases hereinafter provided, reckoning from the 30 th June
or 31st December next ensuing after the order of
disposing of the case.
In the following cases Part A, Part B and Part C of
Class I shall be destroyed on the expiration of:-
(a) Ten years in a case under section 108 of the Code
and in a case tried by the Court of Sessions or by a
Chief Judicial Magistrate, except that-
(i) in every case the judgment or final order of
the Sessions Judge or the Chief Judicial
Magistrate shall be retained for 50 years; and
(ii) in a case in which conviction was held under
181

Chapter VI of the Indian Penal Code, the

whole of Part A shall be retained for 50 years.
Page
 Proviso- In cases tried by Sessions Judge in
which punishment awarded is more than seven
years imprisonment, special order of the Sessions
Judge shall be taken in each case to destroy Part-A
of Class I after 10 years.
(b) Five years in other cases; except that in every case
the judgment or final order of the Sessions Judge
or Magistrate in cases in which the offence proved
is an offence punishable under Chapter XII or
Chapter XVII of the Indian Penal Code with
imprisonment of either description for a term of
three years and up wards shall be retained for 50
years; reckoning from the 31st December next
ensuing after the order disposing of the case:
Provided always that-
(i) if the warrant with the certificate as to the
manner in which the sentence has been
executed has not been filed with the record
before the expiration of the period above
mentioned, the record shall be laid before the
court for further orders;
(ii) a Sessions Judge or a Chief Judicial
Magistrate or the District Magistrate, for
reasons to be recorded in writing may direct
that any record or part thereof be retained
permanently;
(iii) the record of a case in which an accused has
absconded or is a lunatic or person has been
ordered to pay maintenance, shall not be
destroyed until it be proved to the
satisfaction of the Chief Judicial Magistrate
that such accused or other person is dead, or
until a period of 50 years has elapsed since
the order was passed;
(iv) the records of cases of non-criminal lunatic
shall be destroyed upon the expiry of 3 years
from the date of discharge from hospital or
upon dead of such person.

3. Disposal of records liable to be destroyed-

As soon as may be, after the 1st January and 1st July of each year,
the records liable to be destroyed under the preceding rule shall be
examined, and if their time for weeding has expired, shall be
disposed of as follows:-
(1) Confidential papers and stamps and court-fees labels shall be
destroyed by shredding to pieces so as to render it unlikely
that all such documents may be used again, and burnt in the
presence of the Record-keeper. Notes and orders on
administrative side must be treated as confidential papers.
(2) All original documents and papers forming parts of records as
also certified copies of such documents and papers shall be
torn across and then sold as waste-paper to the best
advantage.
(3) Papers not covered by Clauses (1) and (2) and the
accumulation of waste-paper baskets shall be sold as waste-
182

paper without being torn at all.

The sale-proceeds of the paper shall be credited to
Page

Government.
 As each record is weeded, a note of the fact shall be
made in the list with it was received in the record-room.

4. Retention of registers, books, etc.-

The following books shall be retained for the periods specified

against them, computed from the date of latest entries:—
S. Description of book or register Period
N
o

1 Register of fines, compensation, deposits 5 years

penalties and fees
2 Register of requisitions of records 3 years
3 Registers of records requisitioned and returned 3 years
4 Inspection Register 1 years
5 Register of copies 1 years
6 Stock book of printed forms 3 years
7 General register of correspondence file 6 years
8 Register of letters received 3 years
9 Register of letters issued 3 years
10 Register of general letters and circulars 30 years
11 Register of complaints 6 years
12 Register of Regular Criminal Cases 50 years
13 Register of Miscellaneous Criminal Cases 5 years
14 Register of Regular Criminal Cases disposed of 2 years
15 Register of Malkhana Articles 15 years
16 Register of Police Reports of offences 6 years
17 Register of Miscellaneous Police Reports 2 years
18 Register of cases transferred under section 192 3 years
of the Code of Criminal Procedure, 1973
19 Register of Criminal appeal 3 years
20 Register of Criminal appeal disposed of 2 years
21 Register of Criminal Revision 2 years
22 Register of Criminal Revisions disposed of 2 years
23 Register of Sessions Cases 50 years
24 Register of cases referred under section 122 of 5 years
the Code
25 Register of Sessions Cases disposed of 3 years
26 Register of Closed Registers Permanently
27 Register of witnesses 3 years
28 Register of Valuable Properties 15 years

Provided that, aforesaid Registers can be destroyed after one

year of digitization of record reckoning from 31 st December next
ensuing after the digitization.
Provided, further that the data shall be preserved in digital/
electronic form on electronic storage media with the mechanism of
retrieval as and when required in terms of the provisions of
Information Technology Act, 2000 as amended time to time.

5. Return of certain papers for more than one year –

The following papers shall be retained for the periods specified

183

against them, computed from the 31st December of the year to

which they relate-
Page
 S. Description of Papers Period of
No. retention
1 Periodical statements and returns other 3 years
than annual reports or returns and office copies
of them and correspondence regarding them
2 Copies of order forwarded under section 167 of 3 years
the Code if not filed with the record of a case
3 Proceedings in respect of an absconding 3 years
person under sections 77, 78, 80, 82, 83, 84
and 85 of the Code, if not filed with the record
of a case
4 Invoice of consignments to the record-room 3 Years
5 Papers relating to contingent charges 3 Years
6 Punishment of officials, after final orders have 3 years
been earned out and entry made in service
book
7 Certificate of Transfer of charge of office 5 Years
8 Annual reports and returns 20 Years

Provided that, aforesaid papers can be destroyed after One

year of digitization reckoning from 31st December next ensuing
digitization.
Provided further, that the data shall be preserved in digital/
electronic form on electronic storage media with the mechanism of
retrieval as and when required in terms of the provisions of
Information Technology Act, 2000 as amended time to time.

6. Retention of certain papers for a period of one year and three

years –

(1) The following papers shall be retained for one year; computed
from the 31st December of the year in which they were written
and in case of letters from the 31st December, of the year in
which the correspondence was closed :-

S.No Description of Papers

1 Applications for copies, if not filed with the records of the
cases to which they relate and correspondence relating
to them
2 Reminders
3 Correspondence relating to leave and transfers
4 Correspondence relating to the service or execution of
criminal processes
5 Correspondence with other departments regarding
criminal proceedings under special laws
6 Office copies of calendars of committed cases
7 Correspondence relating to questions of practice of
procedure which is concluded by the publication of a rule
or order of competent authority
8 Correspondence and applications regarding employment
9 Copies of judgments and statement of result of sessions
trials (Chapter IV Rule 44)

(2) The following papers shall be retained for three years,

184

computed from the 31st December of the year in which they

were written and in case of letters, from 31st December of the
Page
 year in which the correspondence was closed:-

S No Description of Papers
1 Correspondence regarding books, furniture and repairs
of Courts
2 Indents for forms, stationery or additional copies of
circulars and correspondence relating thereto
3 Correspondence relating to salary, travelling allowance
and contingent bills.

Provided that, aforesaid papers can be destroyed after six

months of digitization reckoning from 31 st December next ensuing
after the digitization, provided that the data shall be preserved in
digital/ electronic form on Electronic Storage Media with the
mechanism of retrieval as and when required in terms of the
provisions of Information Technology Act, 2000 as amended time to
time.

7. Destruction of papers –
At the end of the periods specified for retention, the books and
papers mentioned in Rules 4, 5 and 6 shall be destroyed in the
manner prescribed in Rule 3.
Provided that, a Sessions Judge or Chief Judicial Magistrate or
the District Magistrate, as the case may be, may at his discretion
direct the retention for a longer period or permanently of any paper
which he may consider likely to be useful in the future.

185
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 ORDER 43

REGISTERS
1. Notwithstanding otherwise provided in these rules, the concerned
clerk in every criminal court shall regularly maintain the registers
mentioned in Appendix-E.

186
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 ORDER 44

PERIODICAL RETURNS AND REPORTS

1. Statement to be prepared –

The statements prescribed in the following rules shall be prepared

by every Criminal Court concerned. The statements of all the
Courts of Judicial Magistrate, Chief Judicial Magistrates,
Assistant Sessions Judges and Additional Sessions Judges in a
Sessions Division shall be submitted to the Sessions Judge. The
statements for the Courts of all the Executive Magistrates in the
District shall be submitted to the District Magistrate.
The District Magistrate shall forward the statements for his
district to the Sessions Judge on or before the date fixed for each
statement and the Sessions Judge shall add thereto statistics of the
Court of Sessions pertaining to the same district, and shall total the
figures, and shall, forward them along with statements relating to
the Court of Sessions to the Registrar of the High Court on or before
the date fixed for each statement.
The statements for the Court of Sessions shall in every case be
submitted to the High Court by the Sessions Judge of the Division.

2. Intimation if statement be blank-

When any return or statement required by these Rules to be

submitted in blank, a report should be made in the prescribed Form
(Return No.25), a blank copy of the return itself should not be
sent.

3. Sessions statement-

(1) A session statement in the prescribed form (Return No.26)

shall be prepared by the Sessions Judge at the end of each
quarter showing all sessions trials concluded or pending on
31st March, 30th June, 30th September and 31st December. It
shall be certified by him to be a full and correct list of all cases
disposed of during the quarter, as well as those pending at the
close of the quarter.
(2) Every Additional Sessions Judge shall send to the Sessions
Judge of the Division by the 5 th day of succeeding month the
Return of Sessions Cases disposed of during the month with
explanation for not disposed of, if any. The return shall be filed
in prescribed form (Return No.26).
(3) The Sessions Judge shall prepare the return for his own Court
and along with all the other returns received in this connection
by him, shall submit them to the High Court by the 10th of the
month following the quarter to which it relates. He shall make
suitable comments for the low disposal, whenever required.

4. Annual statements concerning witnesses-

Every criminal court by the 5 th day of January of each year shall

187

send a report in prescribed form (Return No.27) showing the

number of witnesses (including complainants) examined and
discharged without examination, the period of their detention and
Page
 the sum paid to them as diet and travelling expenses in the district
to the District Judge. The District Judge shall prepare a consolidated
statement including statement of court of District Judge in
prescribed Form (Return No.27) and shall forward to the High
Court on or before 15 th February of every year.

5. Annual report from Sessions Judge –

Sessions Judge shall submit an annual report (Return No.9)

together with statement showing the number of Judicial Officers
posted in the Judgeship (Return No.28) in which he shall notice the
main feature in the administration of criminal justice before himself
and any other judge of the Court of the Sessions and the Chief
Judicial Magistrate and the Judicial Magistrate the extent to which
effect has been given in the Court of Sessions and in the Courts
subordinate to him to the rules regarding records and the record-
room, the effect of recent legislation and rules upon the working of
the Criminal Court and other points connected with the
administration of criminal justice, which may seem to him to be
worthy of notice or record.

6. Judge and Magistrate to leave notes for annual report –

A Sessions Judge before leaving his division, and a District

Magistrate before leaving his district on transfer or otherwise,
towards the end of the year shall place on record for the information
of his successor and for the purpose of the annual report a minute
embodying all the points which he would have noticed in the annual
report had he remained to the end of the year.

7. Annual Report of Executive Magistrates on Criminal

Administration-

Every District Magistrate shall submit to District Judge an annual

report (Return No.29), in which he shall notice the main feature in
the administration of criminal justice in his district during the
preceding year, the quality and quantity of work performed by the
Executive Magistrates, the method of disposal of cases by
subordinate Executive Magistrates, the extent to which effect has
been given to the rules regarding records and the record-room, the
effect of recent legislation and rules, if any, on the working of the
Executive Court and other points connected with the working of
Executive Courts, which may seem to him to be worthy of notice or
record. After receiving such report, the Sessions Judge shall forward
it to the Registrar General of the High Court with necessary remarks
which the Sessions Judge shall deem it necessary to record.
188
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 ORDER 45

OATH COMMISSIONERS
1. Appointment of Oath Commissioners -
Every Sessions Judge shall draw a panel of Oath
Commissioners to be appointed under section 297(1)(b) of the Code.
The panel shall be valid for one year. The number of Advocates to be
included in the panel shall depend on the number of Criminal Courts
in the Judgeship which shall ordinarily be three for one Court. The
Sessions Judge shall invariably appoint Oath Commissioners from
the panel so drawn before 15th January of each calendar year under
intimation to the High Court.

2. Fee of Oath Commissioners –

Oath Commissioner appointed by the Sessions Judge under the
provisions of Section 297 (1)(b) of Code shall charge a fee of Rs.
10/- for each affidavit. Every Oath Commissioner shall maintain a
register in the prescribed form (Register No.270) regularly and
correctly and shall place it for inspection, before the Sessions Judge
quarterly.

189
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 PART-IV MISCELLANEOUS

ORDER 46
FEES OF LEGAL PRACTITIONER
1. Taxation in decree of Legal Practitioner's fees and the
certificate for such fees.—
(1) In drawing up a decree or order no fee to any legal practitioner
not appearing for the Government as a party shall be allowed on
taxation between party and party or shall be included in any
decree or order, unless the Munsarim, or on application to the
Judge, the Judge is satisfied that the fee was paid to such legal
practitioner before the conclusion of arguments in the suit,
appeal or case followed by the delivery of the judgment or by
the making of the order by which costs become payable and
unless at or before such time there shall have been delivered to
the Munsarim a certificate signed by the legal practitioner
certifying the amount of the fee or fees actually paid to him for
his own exclusive used and benefit by or on behalf of his client:
Provided that in any case the Presiding Officer may, for
valid reasons to be recorded by him, accept a certificate for fees
filed after the time mentioned above.
(2) The certificate above mentioned, if possible shall be in the
following form:—

"In the Court of the …………… in the Case ………………….

Between …………………. and …………………………………………….

For the purpose of having my fee allowed on taxations as

against _____________________________________, I hereby
certify that in the above case the following, fees were paid to me
as my fee as well as that of on the dates and by the person
specified below and that such fees were paid before the
conclusion of arguments in the suit, application or other
proceedings and that no portion thereof has been agreed to be
returned or remitted by me or by any one on my behalf or on
behalf of who was associated with me in the case.

Date of Payment Amount paid. Name of the person who

actually made the payment. Name of the person on whose
behalf the payment was made Remarks.

Date _____
Signature of the Counsel
Filed on the day…..of 20……
(3) Nothing in this rule shall be deemed to authorize the allowance
between party and party of any fees in excess of those allowed
by rule.

2. Conditions governing taxation of lawyer's fee.—

Rules 4 to 17 inclusive shall, subject to rule 1, regulate the amount of
legal practitioner's fees to be taxed as costs under a decree or order of
a Court in favour of any party to a suit, appeal, or other proceeding.
190

These rules shall also regulate the amount of fees to be taxed in

favour of or against the Government where costs are awarded by the
Page

Court in cases, under Rajasthan Court Fees and Suit Valuation Act,
 1961, and the Stamp Act, 1899, as adapted to Rajasthan in which the
Government are not a party :
Provided that the fee received by a legal practitioner from a Joint
Hindu Family of which he is a member for appearance in a case shall
not be certified by him, nor shall it be taxed as costs in the decree.

3. Right to handover briefs.—

A legal practitioner when unable personally to attend to a case in
which he is briefed may hand over the brief to another legal
practitioner without the latter filing a vakalatnama and the fees, to
whomsoever, paid, shall, if duly certified, be taxable costs.

4. Fees allowed in contested cases.—

In suits, or in appeal from original or appellate decrees in suits for
money, effects or other personal property or for land or other
immovable property of any description when such suits or appeals are
decided on the merits after contest:—
(1) if the amount or value of the claim does not exceed Rs. 5,000/-
10 per cent;
(2) if the amount or value exceeds Rs. 5,000/- and does not exceed
Rs. 20,000/- on Rs. 5,000/- as above, and on the remainder 5 per
cent;
(3) if the amount or value exceeds Rs. 20,000/- and does not exceed
Rs. 50,000/- on Rs. 20,000/- as above and on the remainder 2 per
cent;
(4) if the amount or value exceeds Rs. 50,000/- on Rs. 50,000/- as
above and on any amount in excess thereof at 1 per cent.
Cases under the Land Acquisition Act and contested cases under
the Probated and Administration Act shall be treated as regular suits or
appeals, governed by the above scale of fees:
(5) In a reference to a civil court under the Rajasthan Land Acquisition
Act, 1953, fees shall be calculated on the amount decreed in excess of
the amount allowed by the Collector.
In suits for money, effects or other personal property, the
minimum fee to be allowed on taxation shall be Rs. 75/-41 and in other
suits Rs. 125/-42.
Provided that in no case fee allowed should be less than the
court fees levied.

5. Fees in ex-parte or similar cases—

When such suits or appeals are decided ex-parte, on admission or
compromised, withdrawn or dismissed for default, or when an appeal
is rejected under Order XLI Rule 10 of the Code.—
(1) if the amount or value of the claim does not exceed Rs. 5,000/-
not exceeding 5 per cent;
(2) if the amount or value exceeds Rs. 5,000/- and does not exceed
Rs. 20,000/-, on Rs. 5,000/- as above, and on the remainder not
exceeding 2-1/2 per cent;
(3) if the amount or value exceeds Rs. 20,000/- and does not exceed
Rs. 50,000/- on Rs. 20,000/- as above, and on the remainder not
exceeding 1 per cent;
(4) if the amount or value exceeds Rs. 50,000/- on Rs. 50,000/- as
above, and on any amount in excess thereof at the rate of 1/2 per
cent subject to maximum fee of Rs. 10000/- :
191

41
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
42
Page

Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
 Provided that in an uncontested reference to a civil court under
the Rajasthan Land Acquisition Act, 1953, the scale of fee shall be one
half of that allowed in a contested reference, calculated on the amount
decreed in excess of the amount allowed by the Collector:

Provided further that in suit, or appeals, compromised or

withdrawn, a court may, having regard to the stage at which the
compromise or the petition of withdrawal is filed, award the full fee as
prescribed in Rule 4 supra.
6. Fees in certain application.—
(1) In application under section 9 of the Indian Arbitration Act, 1996
(26 of 1996), fee shall be computed as follows-
Sum in Dispute Model Fee
Upto Rs.5,00,000 Rs.225043
Above Rs.5,00,000 and upto Rs.20,00,000 Rs.5,00044
Above Rs.20,00,000 and upto Rs.1,00,00,000 Rs.10,00045
Above Rs.1,00,00,000 and upto Rs.10,00,00,000 Rs.15,00046
Above Rs.10,00,00,000 and upto Rs.20,00,00,000 Rs.20,00047
Above Rs.20,00,00,000 Rs.25,00048

(2) In application under section 34 of the Indian Arbitration Act,

1996 (26 of 1996), fee shall be half of the model fee prescribed
in the Schedule IV of the Indian Arbitration Act, 1996 as
amended time to time.

7. Fees in inquiries into pauperism.—

In an inquiry into the means of indigent person under Order XXXIII
and XLIV of the Code of Civil Procedure, the fee payable to a
Government pleader who has opposed an application for leave to sue
as a pauper, or has applied for the dispaupering of the plaintiff shall be
as a pauper, twenty percent on the amount of the Court-fee that
would be payable on the plaint if the suit was not brought by a person
alleging pauperism;
Provided that no fee in excess of Rs. 150/-49 shall be payable
under this rule.
A Government pleader who appears in the proceeding for the
execution of a decree without having appeared in Court in the
proceedings prior to decree, is entitled to the fee prescribed in the first
part of this rule.

8. Fees in certain appeals and in Miscellaneous cases.—

In Miscellaneous Judicial cases and in appeals, if any from orders

passed therein:—
(i) if the amount or value of the claim does not exceed Rs. 5,000/-
2-1/2 per cent;
(ii) if the amount of value of the claim exceeds Rs. 5,000/- and does
not exceed Rs. 20,000/- on 5,000/- as above, and on the
remainder 1-1/4 per cent;

43
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
44
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
45
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
46
192

Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
47
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
48
Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
49
Page

Substituted vide Notification No. 01/S.R.O./2020 dt. 26.02.2020 Pub. in Raj.Gaz.Ext.Pt-I (b)dt.27.02.2020
 (iii) if the amount or value exceeds Rs. 20,000/- and does not
exceed Rs. 50,000/- on Rs. 20,000/- as above, and on the
remainder 1/2 per cent;
(iv) if the amount or value exceeds Rs. 50,000/- on Rs. 50,000/- as
above and on any amount in excess thereof at 1/4 per cent.

9. More fees taxable in special cases.—

In addition to the fee awarded under the preceding rules, the Court
may in any case in which it considers that the employment of more
than one legal practitioner was necessary and in which both a senior
and a junior practitioner have been employed, award to the junior a
fee not exceeding one third of the amount allowable under the
preceding rule.

10. Explanation of amount of claim.—

The words "the amount or value of the claims" in rules 4, 5, 6 and 8
mean the value for purposes of jurisdiction as set forth in the plaint,
application or memorandum of appeal.

11. Fractions of rupee in amount of claim not allowed for

calculating fees.—
Fractions of a rupee in the amount or value of a claim shall be rejected
in calculating the fee payable thereupon.

12. Court's discretion in taxing fees.—

Notwithstanding the provisions of rules 4, 5, 6, 7 and 8 a court may, in
any case, for special reason to be recorded in the judgment award a
higher or a lower fee than that therein prescribed.

13. Fees in cases not admitting of valuation.—

In cases in which the subject matter of the claim does not admit of
valuation, the court shall fix a reasonable fee, regard being had to the
time occupied in the decision of the case and the nature of the
question raised therein.

14. Fees in cases of common defence.—

If several defendants who have a joint or common interests succeed
upon a joint defence or upon separate defences substantially the
same, more than one fees shall not be allowed unless the court shall
otherwise order for a reason which shall be recorded in the judgment.
If only one fee be allowed, the court shall direct to which of the
defendants it shall be paid, or shall apportion it among the several
defendants in such manner as the court shall think fit.

15. Fees in cases of separate defence.—

If several defendants who have separate interests, set up separate and
distinct defences and succeed thereon a fee for one legal practitioner
for each of the defendant who shall appear by a separate legal
practitioner may be allowed in respect of his separate interest. Such
fee, if allowed, shall be calculated with reference to the value of the
separate interest of such defendant in the manner hereinbefore
prescribed.

16. Cost of stamp or Vakalatnama in above cases.—

For each fee allowed under the two last preceding rules, the value of
193

the stamp on one vakalatnama only shall be awarded as costs.

Page

17. Taxing of scribing charges.—

(1) In all decrees a fee equal to 1/4 of the amount of process fees
realized under these rules, shall be entered as the fee
chargeable by one party against another for costs of drawing up
summons or notices.
(2) In all decree a sum calculated at the rate of not more than 10%
on the taken fee of a lawyer of a party subject to a maximum of
Rs. 1000/- and a minimum of Rs. 100/- shall be taxed as costs
on account of the fees of lawyer's registered clerk if it is paid and
certified.

194
Page
 ORDER 47
Lawyer's Clerks
1. Acts to be done by registered clerks.-
The Court shall allow the registered clerks of lawyers practicing before
them—
(1) to present applications signed by their masters for—
(a) copies,
(b) return of documents,
(c) repayment of deposits,
(d) inspection, and
(e) all applications of a routine nature.
(2) to take delivery of copies;
(3) to tender money ;
(4) to identify persons verifying affidavits before the Munsarim ;
(5) to take notes from the Memorandum Book of Dates.

2. Names of the clerks to be registered with the Presiding Officers

of Courts.—
All practicing lawyers who wish their clerks to do the above acts must
register them with the Presiding Officer of the Court giving their full
names, parentage, caste and address. These will be entered in a
register (Register No.271) to be maintained by the Court.

3. In case of several Courts, the clerks to be registered in the

senior most Court.—
When several Civil Courts are located at the same place, the clerk
need only be registered in the senior most court whose register shall
be circulated to all the subordinate civil courts every quarter for their
information.

4. Changes in the registered clerk to be duly notified.—

All changes in their registered clerk must be duly notified by practising
lawyers. No unregistered clerk will be allowed to act on behalf of his
master.
All changes duly notified will be entered in the register of clerks.

5. Powers of the District Judge or the Presiding Officer of a

Court.—
The District Judge (or the Presiding Officer of any other Court, subject
to the control of the District Judge) may remove from the register, the
name of any clerk guilty of any misconduct such as to unfit him for the
exercise of such duties, or convicted of any offence involving moral
turpitude.

6. Clerks not to inspect records.—

Clerks will not be allowed to inspect records.

7. Restrictions as to the persons who may be employed as

clerks.—
No restriction of any sort can be placed on members of the Bar as to
the persons whom they may employ as Clerks, but the District Judge
(or the Presiding Officer of any other Court, subject to the control of
195

the District Judge), may in the exercise of his discretion refuse to

register a person whose name has once been struck off for misconduct
Page

or who has been convicted of any offence involving moral turpitude.

 ORDER 48
Residuary
1. Report of casualty among judicial officers.—
Senior-most judicial officers shall report to the High Court, without
delay, any casualty that may occur among judicial officer(s).

2. Prohibition against becoming Arbitrator.—

No judicial officer or ministerial official of a Court shall accept the office
of arbitrator in any civil action without prior permission of the High
Court in the case of a Judge, and of the District Judge in the case of a
ministerial official. In any application for such permission the
circumstances of the case and the names of the parties shall be stated,
and the special reasons which may have led the officer to entertain a
request for his services as an arbitrator shall be specified.

3. Obligations of Public Servant.—

Every District Judge shall, so far as possible, check any departure by
any subordinate judicial officer from the rules as to public servants
issued by the Government from time to time.

4. Permission to leave district.—

Subject to any general instructions by the High Court no District and
Sessions Judge shall leave his district without the prior permission of
the High Court.

5. Permission to subordinate officers to leave district.—

Subject to any general instructions from the High Court, no Presiding
Officer of any court other than District Judge shall leave the
headquarter without the prior permission of the District Judge. Any
breach of this rule shall be reported to the High Court by the District
Judge.

6. Channel of correspondence for judicial officers.—

Every communication made to the High Court by a judicial officer
under the administrative control of the District Judge, whether it be an
application regarding leave, transfer, promotion or any other matter,
shall be made through the District Judge and not otherwise.

7. Information about casual leave of transferred officer.—

When a Judicial Judge is transferred from the jurisdiction of one
District Judge to the jurisdiction of another District Judge, the District
Judge from whose jurisdiction he is transferred shall transmit to the
Judge of the district to which he is transferred a copy of the register
(Return No.19) for the then calendar year, so far as it relates to the
casual leave taken by such officer. The District Judge to whose
jurisdiction he is transferred shall cause such extract to be copied into
his register of casual leave.

8. Annual Examination of safes.—

Every District Judge shall examine annually all safes kept in his office
and offices subordinate to him.
Where duplicate keys of a safe exists shall note whether one of such
duplicate keys is made over to the Treasury officer for custody. He
196

shall also note whether the safes are in good and sound condition.
Page
9. Custody of duplicate keys of safes.—
Where duplicate keys of a safe exist, the duplicate key or keys shall be
sent to the nearest Treasury Office for safe custody. The key before
being sent to Treasury should have a strong cloth label and be
inscribed with particulars showing of which safe it is the key. When the
key of a particular safe is missing, the District Judge will send for the
duplicate kept in the Treasury and make immediate report of loss to
the High Court with particulars available regarding the loss.

10. Disposal of weeded documents and papers-

All weeded documents and papers shall be disposed of as follows :—
(1) Confidential papers including notes and orders on administrative
matters shall be torn into very small pieces, thoroughly mixed to
prevent the possibility of re-assembly under the personal
supervision of a responsible officer, and thereafter sold as waste
paper. Stamps and court fee labels should, however, be torn to
pieces and burnt in the presence of the Record-keeper.
(2) All the original documents and papers forming parts of records
as also certified copies of such documents and papers shall be
torn across and then sold as waste paper to the best advantage.
(3) Papers not covered by clauses (1) and (2) and the accumulation
of waste paper baskets shall be sold as waste paper without
being torn at all.

11. Rules relating to buildings—

(1) Application for new building and additions or alterations to
existing buildings shall not be made to the Department of Public
Works, except through the High Court.
(2) When petty repairs have become necessary in any court house
by reason of heavy rain or other cause, the Presiding Officer of
the court shall send immediately of such necessity to the District
Judge.

12. Gratification prohibited (Notice)—

A notice in English and Hindi in the prescribed form (F.161)
prohibiting the practice of soliciting, giving or receiving gratifications in
connection with cases shall under the signatures of the Presiding
Officer of each court be hung up on a board conspicuously in every
court and office room, and the Munsarim or the Reader, as the case
may be, shall be held responsible that the notices are preserved and
kept in the proper places.

13. Application by clerical staff for leave—

An application for leave by a ministerial officer shall ordinarily be
submitted to the Presiding Officer through the Munsarim or the Reader
as the case may be, who shall hand it on with such report as may be
necessary as to the leave available to the applicant and the
arrangement for his work in his absence, etc.

14. Casual leave—

Application for casual leave by a District and Sessions Judge shall be
submitted to the High Court.
Casual leave up to fifteen days in the year and not more than
ten days at a time may be allowed to any judicial officer working in a
district by the District Judge of that district :
197

Provided that casual leave to the Presiding Officer of a court

located at the headquarters of the Additional District Judge in an
Page
 outlying district may be allowed as above by the Additional District
Judge under intimation to the District Judge.
Sundays and gazetted holidays which immediately precedes a
period of casual leave or come at the end, thereof may be prefixed or
suffixed to such leave and those falling within the period of such leave
will not be counted as part of the casual leave.
Presiding Officers may allow casual leave to their staff as above.

15. Stock book—

All articles of furniture and stock (excepting books and articles of
stationery and other consumables) for which special registers are
prescribed, shall be entered in the Stock Register (Register No.272)
prescribed for the purpose.

16. Court seals—

(1) A court seal of approved dimensions as given in Appendix-M
shall be kept by every court.
(2) Each court shall use its own seal which shall remain in the
custody of Sr. Munsarim or the Reader as the case may be or
under supervision of either of them as the case may be or with
an official appointed for this purpose by the Presiding Officer.
The seals of additional courts, when such courts cease to exist
shall be kept in safe custody by the Sr. Munsarim of the District
Court.
(3) The Sr. Munsarim or the Reader as the case may be, of every
court shall be responsible for the safe custody and proper use of
endorsement and other seals used in the various departments.

17. Officers' certificate of reading—

Every judicial officer on his first appointment shall within 3 months

next of his posting certify to the District Judge that he has read these
Rules.

18. Upkeep of the book of Rules—

The Sr. Munsarim or the Reader, as the case may be, of every court
shall be responsible that the copy of these rules, in that court is kept
up-to-date with all amendments noted in the appropriate places and
all amendment slips correctly pasted and noted in the table of
amendments at the end of this Volume.

*****
BY ORDER

(SATISH KUMAR SHARMA)

REGISTRAR GENERAL
198
Page
 APPENDIX
‗A‘
GUIDELINES ISSUED BY GOVERNMENT OF INDIA FOR
EXECUTION OF LEGAL PROCESS IN A FOREIGN OR
COMMON WEALTH COUNTRY
MUTUAL LEGAL ASSISTANCE REQUESTS

Central Authority in India for Mutual Legal Assistance Requests in

Criminal Matters

As per the Allocation of Business Rules of the Government of India, the

Ministry of Home Affairs is the nodal Ministry and the Central authority for
seeking and providing mutual legal assistance in criminal law matters. The
Ministry of Home Affairs (MHA) receives all such requests, examines them
and takes appropriate action. (Internal Security-II (IS-II) Division handles
this subject in the Ministry of Home Affairs.)

Similarly, cases pertaining to civil and commercial matters are required to be

taken up with the Ministry of Law & Justice, which finalizes and notifies
treaties and arrangements with other countries as per the relevant statutory
provisions in the Code of Civil Procedure.

Therefore, all requests for seeking assistance from a foreign country

including the service of all kinds of judicial processes or other documents are
directly submitted to the Ministry of Home Affairs in criminal law matters and
to the Ministry of Law & Justice in civil and commercial matters. The Ministry
of External Affairs may be involved in this process when such requests are
routed through diplomatic channels by these Ministries.

Serving Summons issued by an Indian Court on a Person Living

Abroad
Section 105 of the Criminal Procedure Code (CrPC) speaks of reciprocal
arrangements to be made by Central Government with the Foreign
Governments with regard to the service of summons/warrants/judicial
processes. Accordingly, the Ministry of Home Affairs (MHA) has entered into
Mutual Legal Assistance Treaties/Agreements on Criminal Matters with 39
countries which provide for serving of documents.
List of countries with operational Mutual Legal Assistance Treaties in
Criminal Matters:

S.No. Country Year

1. Switzerland 1989

2. Turkey 1993

199
S.No. Country Year
3. United Kingdom 1995

4. Canada 1998

5. Kazakhstan 2000

6. United Arab Emirates 2000

7. Russia 2000

8. Uzbekistan 2001

9. Tajikistan 2003

10. Ukraine 2003

11. Mongolia 2004

12. Thailand 2004

13. Bahrain 2005

14. France 2005

15. South Korea 2005

16. Singapore 2005

17. South Africa 2005

18. United States of America 2005

19. Belarus 2006

20. Mauritius 2006

21. Kuwait 2007

22. Spain 2007

23. Bulgaria 2008

24. Vietnam 2008

25. Mexico 2009

26. Egypt 2009

27. Hong Kong 2009

28. Bosnia & Herzegovina 2010

29. Iran 2010

30. Myanmar 2010

31. Sri Lanka 2010

32. Australia 2011

33. Bangladesh 2011

34. Indonesia 2011

35. Malaysia 2012

36. Azerbaijan 2013

37. Kyrgyz Republic 2014

38. Israel 2015

39. Sultanate of Oman 2015

200
In other cases, the Ministry of Home Affairs makes a request on the basis of
an assurance of reciprocity to the concerned foreign government through
MEA or our Mission/Embassy in that country.

The difference between the two categories of countries is that the country
having an MLAT with India has an obligation to consider serving the
documents, whereas the non-MLAT countries do not have any obligation to
consider such a request.

To Update (See website of the Ministry of Home Affairs: (http://mha.nic.in/Policy-

Guidelines)

Procedure to be followed for Serving (Bailable and Non-Bailable)

Arrest Warrants Issued by Indian Courts on a Person Living Abroad

The summons/warrants/judicial processes received by MHA are forwarded to

the concerned Indian Mission/ Embassy, which in turn takes up the matter
with the designated Central Authority in that country. In case of MLAT
countries, the manner of communication is as laid down in the MLAT and can
be either directly between MHA and the Central Authority or through
diplomatic channels. The Designated Authority, after considering the request
directs its agency to serve the documents on the concerned person and the
report of the service, if any, is also received through the same channel. This
is broadly the system in most countries. However, in some countries, private
companies/NGOs have also been entrusted with the service of judicial
papers.

In India, all requests for service of summons/notices/judicial processes on

persons residing abroad should be addressed to the Under Secretary (Legal),
IS-II Division, Ministry of Home Affairs, 9th Floor, Lok Nayak Bhawan, New
Delhi – 110003.

To Update (See website of the Ministry of Home Affairs: (http://mha.nic.in/Policy-

Guidelines)

Non-Bailable Warrants of Arrest

The Ministry of Home Affairs does not undertake service of non-bailable

warrants of arrest. The service of non-bailable arrest warrants amounts to
the extradition of the individual. Requests for extradition are based on legal
principles and procedures contained in Extradition Treaties negotiated with
the foreign country concerned. Such requests are to be forwarded in the
prescribed format to the Ministry of External Affairs, CPV Division, Patiala
House Annexe, Tilak Marg, New Delhi – 110001.

*****

201
 APPENDIX
‗B‘

PERSONS/ AUTHORITIES ENTITLED TO COPY(IES) AT THE COST OF

STATE

(1) A copy of judgment in all criminal cases (including cases of assaults

and affrays) in which a Commissioned Officer or soldier is involved
and the case ends in conviction.

(2) On an application by a person in detention.

(3) On an application by a person in receipt of Free Legal Aid.

(4) A copy of Statement, document, judgment, order, etc., in a criminal

case may be supplied free of cost, on an application on priority
basis, to Legal Aid Committees of the Supreme Court, High Court
and District Courts, as the case may be.

(5) To the party to a case on an application having been received

through the Legal Aid Committee of the Supreme Court, High Court
and District Courts, as the case may be.

(6) Copy of any proceeding in the court can be delivered upon receiving
a written request to that effect from –
(a) the District Magistrate,
(b) any gazetted officer of Government of India who as such is
interested in the proceeding;
(c) On any application by or on behalf of the-
(i) Head of the Department of the Government of India
(ii) Any High Court in India
(iii) Any authority in India exercising jurisdiction similar to
that of a High Court
(iv) Any Court subordinate to the High Court for Rajasthan
(v) Any Principal Court in any other country

(7) On an application made by Government Law Officer.—

(1) A copy of the original decree and of the appellate decree in a
pauper suit or appeal.
(2) In Civil cases in which Government is a party, copies of
judgments, orders and decrees, and of any other papers
required for purposes of conducting the case.
(3) A copy of the whole or any part of a record, when required for
the purpose of conducting any trial or investigation or appeal on
the part of the Government in any Criminal Court, shall
ordinarily, on application, be supplied free of charge to a
Government Law Officer or to any person authorised in this
behalf by the District Magistrate, provided that, should the
presiding officer be of opinion that the demand made is in excess
of what is necessary for the purpose stated in the application for
such copy or copies, he may refuse to grant free of charge any
or all of the copies applied for.
(4) A copy of an award or agreement made under the Rajasthan
Land Acquisition Act, 1953.
(8) Applications for copies of the documents detailed in this Schedule
are not chargeable with fees under Schedule II of the Court Fees
Act.
*****
202
 APPENDIX
‗C‘
Instructions for Inspection
(Order 7 Rule 1 & 2)

The main points to be ascertained from an inspection are

these:-
(1) What Improvements are required in the buildings, the premises
and furniture?
(2) Is the Presiding Officer business-like and intelligent in his
methods and does he exercise efficient supervision?
The quality of his judicial work can best be judged by
appellate courts, but his capacity as an organizer and supervisor
are best judged from an inspection of his court and office. In
order to decide these points, it is necessary for an inspecting
officer to note the state of the files, the methods in which the
dates are fixed, how the day‘s duties are divided amongst office
work disposal original suits, appeals, executions, miscellaneous
matters etc. and how the members of the Bar, the litigants and
the witnesses are treated. It is most important to ascertain
whether the arrangements made to meet the convenience of the
public are satisfactory. The inspecting officer should then check
the procedure to ascertain how pleadings are examined, how
notices are issued, how documents are admitted into evidence
and refunded when rejected, how issues are framed, whether
suits are dismissed or restored to hearing capriciously or for
good cause, whether adjournments are granted or refused for
sufficient reason, how the interests of minors are protected,
whether arrest and attachment before judgment and temporary
injunctions are granted, refused or retained for good reasons
and any other points which make for efficiency, such as the
proper reception and filing of papers and preparation of records
according to the High Court Rules. He must next examine the
work under the heads of execution, the issue of commissions,
the distribution of commissions, the supervision of
commissioners, the supervisions of arbitrators and the work of
receivers. He should then examine the work in the munsarim‘s
department, the copying department, the record room
department, the nazir‘s department, the amin‘s department and
the process servers, department. Upon such an inspection he
should be in a position to form a useful opinion as to the
organizing capacity and business like qualities of the Presiding
Officer and as to the extent of control and guidance exercised by
him over his sub-ordinate staff.

Questions
The following questions are appended. They are intendment
to exhaustive but to serve as a guide. It is not necessary that at
any inspection all these questions should be answered. The High
Court will judge the efficiency of the inspection upon broad lines.

203
 These questions however, should be of assistance to inspecting
officers. They are intended for officers inspecting courts
subordinate to them but many of the points raised in them can be
utilized by officers who are inspecting their own offices. In the
later case no remarks will obviously be made as to the qualities of
the official himself:-

I. What is the name or names of Presiding Officer or Officers

since the last inspection?

II. What improvements does the inspecting officer suggest

in:-
(a) building
(b) premises and
(c) furniture?

What are the reasons for the improvements suggested ?

Give a rough estimate of cost of such improvements. How
far can they be met from funds at the disposal of the
judgeship:

III. On what dates did the Presiding Officer inspect his office
during the 12 months preceding the date of his inspection?

IV. Were the Presiding Officer‘s inspections practical and

effective?

V. What is the state of file?

NUMBER PENDING
Not older Older Older Number Date of
than one than one than pending oldest
year year but three on same case
not older years date last
than year
three
years
Original
suits
Execution
Applications
Appeals

To what causes do you attribute the increase or decrease of

the pending file?

VI. Is the case diary kept up properly under the rules? Are dates
fixed for hearing by the Presiding Officer, in such a manner as to
facilitate hearings on the dates fixed, whether original or
adjourned dates? Has any case been postponed more than twice
for want of time.

204
VII. Examine a number of records including the older cases. As many
records should be examine as time permits. Useful results are
not likely to be obtained unless at least 20 records are so
examined, if it is possible, a full day can be usefully spent in
examining such records-
(a) If some witnesses are present and others are not, are
those present heard and discharged?
(b) Do Presiding Officers direct their attention to the following
rules, and do they exercise a sound discretion in their
application? (Separate answers should be given under
each heading on those points which can be ascertained in
the inspection or records):
(i) Order I, Rule 2
(ii) Order I, Rule 4
(iii) Order III, Rule 2-5
(iv) Order V, Rule 20
(v) Order VI, Rules 2-13 ( See Gauri Shanker Vs.
Monki Kunwar, 21 A. L. O.R., p. 571
(vi) Order VII, Rule 3
(vii) Order VII, Rule 7
(viii) Order VIII, Rules 14-26
(ix) Order VIII, Rules 2-5 and Rules 11-12
(x) Order IX, Rule 9
(xi) Order IX, Rule 13
(xii) Order X, Rules 1-4
(xiii) Order XI, Rule 14
(xix) Order XIII, Rules 1-2
(xv) Order XIII, Rule 4
(xvi) Order XIII, Rule 6
(xvii) Order XVI, Rules 1-5
(xviii) Order XVII, Rules 1-3
(xix) Order XXIII, Rule 1
(xx) Order XXXII, Rules 3-4
(xxi) Order XXXII, Rules 7-8
(xxii) Order XXXIV, Rule 1
(xxiii) Order XXXVIII, Rules 1-12
(xxiv) Order XXXIX, Rules 1-10
(xxv) Order XLI, Rule 38
(c) Are proper dates fixed for the return of summonses issued
to other districts and States? Give instances.

VIII. Examine a sufficient number of records in order to be able

to determine the points under the following questions:-
(a) Does the Presiding Officer exercise proper control
over the execution of decrees? Is he fully conversant
with the work of his office in this respect?
(b) Does the Presiding Officer issue and distribute
commissions with discretion? What steps does he
take to ensure that commissions are promptly and
efficiently executed?

205
 (c) Does the Presiding Officer keep himself in touch with the work
done by arbitrators and take proper steps to prevent delay in
filing awards?
(d) Is the work of receivers properly checked?
IX. Report fully on the following points:-
What is your opinion of the Presiding Officer‘s work? Do you
consider him methodical and businesslike? Does he arrange
his work so as to prevent avoidable delay? Has he proper
control over his office? What are his relations with the
members of the legal profession and the public?
X. (a) When and where does the Munsarim (or Chief Ministerial
Officer) receive applications?
(b) When and where is inspection of records granted?
(c) When does he pass orders on applications received?
(d) Are the copies of the High Court Rules posted up-to-date?
Are correction slips indexed?
(e) Is the library in good order and the catalogue properly kept
up? Are the Rules 379 to 392 of the Manual of Civil Court
Rules, 1986 for libraries observed?
(f) If the inspection fees and search fees are low, examine
thoroughly whether surreptitious inspections are allowed or
information given.
(g) In case where information was reported as not forthcoming,
was any real and prolonged search made?
(h) What is your opinion of the work of the Munsarim (or Chief
Ministerial Officer)?

COPYING DEPARTMENT
XI. (a) Take some 20 consecutive days in the register of
applications for copies and note whether the rule of strict
priority is observed in granting (a) urgent, and (b)
ordinary copies?
(b) Are Rules 218-249 relating to copying properly observed?
(c) How long is taken on an average to prepare:-
(i) ordinary copies?
(ii) urgent copies?
(d) Is the copying staff under or over manned and is the work
properly distributed?
(e) What is your opinion of the work of the Head Copyist? Is
the work done intelligently and in a business-like manner?
Is supervision effectual?
RECORD ROOM
XII. (1) How is the work distributed between the record keeper and
his assistants?
(2) Take the receipts of the monthly bundles for the six months
and note:-
(a) If they were received on due dates from all courts
(b) Were the different classes or records accompanied by
lists in proper form?
(c) By what date were the records of each months:-
(i) examined?
(ii) restored?
206
 (iii) restored?
(d) Was any report made to the Judge regarding the
records? What was its nature and what orders were
passed?
(e) How many records still remain to be:-
(i) examined?
(ii) restored?
(3) (a) How many registers of requisitions are kept up? What form
they are in?
(b) Take 50 consecutive entries in the register of requisitions and
note:-
(i) In how many cases were the records sent after time?
(ii)What was the cause in each case?
(iii) What is the greatest delay in complying with any requisition,
and why did it take place?
(c) Take all the pending requisitions and not if in each case there
is an order of the Judge.
(d) How many records returned after requisition are there not
yet restored? Why? (In each case)
(e) Are quarterly reports made of the Judge of records not
returned within three months from date of issue?
(4) What weeding is being done now? Is it up-to-date? Give exact
figures with reasons for any arrears
(5) Is the accommodation for records in the record room sufficient?
(6) What is your opinion of the work of the record keeper? Is the work
done intelligently and in a business-like manner? Is supervision
effectual?
XIII. (a) Set out the examination made of the accounts registers
and of the Nazir‘s registers.
(b) What is your opinion of the work of the Nazir? Is the work
done intelligently and in a business-like manner? Is
supervision effectual?
XIV. (a) Note below the results of your inspection of the work of
the Amins.
(b) Do the Amins do their work promptly and efficiently? Is
there avoidable delay in carrying out their duties? Does the
Presiding Officer exercise a proper check over the work of
the Amins?
XV. Are the arrangements for division of work amongst the process
serving staff satisfactory? Are the diaries of process servers
properly examined by the Presiding Officer? Is every man fully
employed? Do you consider that there is reason to suspect
deliberate failure to serve processes? If so, to what extent? Can
you make any suggestion for improvement? How many process
servers are there? What salary do they receive? How many of
the process servers are literate?

NOTE- Guidelines given in Circular No.Gen./XV/34, 109/2233 dated

06.09.1989 shall also be followed.

207
 APPENDIX
‘D’
GENERAL RULES (CIVIL & CRIMINAL) 2017- FORMS

Existing New
S.No Form Form Description Order No.
No. No.
GENERAL
1 10 101 Daily Cause List O 01 R 14 O 35 R 01
2 30 102 Application for inspection of a record O 02 R 09
3 31 103 Application for grant of copies of record. O 06 R 02
4 21 104 Notice to applicant to make up deficiency of copying fees O 06 R 02

5 22 105 Receipt Book of (Head Copyist for photostat copies) O 06 R 05

6 33 106 License for petition-writer‘s. O 11 R 05
O 14 R 01
7 33 107 Security Bond of Nazir, civil court, Amin, process server, Amin's peon etc. when the security is given, in
cash, promissory notes or mortgaged and hypothecated landed property
8 23 108 Tender (eGrass) O 15 R 10
9 24 109 List of unexpended balances of deposited money which are due and have become repayable O 15 R 16

10 25 110 Application for repayment of deposit in the Court of …. O 15 R 16

11 26 111 Treasury Officer's certificate of non-payment of lost repayment order O 15 R 21

12 27 112 Receipt of direct payment to parties made in court of ….. O 15 R 24

13 28 113 Report of sale effected by the Collector O 15 R 30
CIVIL
Notice to Head of Office etc. when summons to a public officer is sent direct for making necessary relieving O 19 R 11
14 6 114 arrangements
Letter forwarding summons for personal attendance of a public official etc. including notice for making O 19 R 12
15 7 115 relieving arrangements
16 8 116 Notice to Head of Department etc. of warrant of arrest against Government Servant etc. O 19 R 15

17 3 117 List of documents required to be produced under Order VII, Rule 14 and Order XIII, Rule 1 O 20 R 17
208
 18 4 118 General Index O 20 R 17 O 24 R 06
19 5 119 Letter of request to parliament/Legislature Assembly/Council for production of a document in its custody O 20 R 25

20 120 Letter of Authority on behalf of person belonging to army, navy or air force who cannot obtain leave of
absence for the purpose of prosecuting or defending the suit in person O 21 R 02 O 21 R 04

21 121 Letter forwarding summons for personal attendance of a public official etc. including notice for making
relieving arrangements O 21 R 06
22 9 122 Title page or wrapper O 24 R 03
23 10 123 Order Sheet O 24 R 07 O 32 R 03
24 11 124 Part-wise Index O 24 R 10
25 12 125 List of records transmitted to the record room O 25 R 05
26 13 126 Invoice of Records and papers despatched O 25 R 06
27 14 127 Record-Keeper's report when a record is found to be defective O 25 R 11

28 15 128 List of Registers, Books and papers transmitted to Record Room O 25 R 18

29 16 129 Notice to take back documents O 25 R 24
30 17 130 Requisition for Record O 26 R 02 O 22 R 10 O 25 R 04
31 18 131 Form for Transmission of Record O 26 R 07
32 29 132 Certificate for refund of court fee O 29 R 24 O 29 R 26
33 31 133 Amin's Receipt Book O 24 R 06 O 30 R 20
34 32 134 Payment Order by Amin O 30 R 21
CRIMINAL
Form of communication regarding arrest, detention, conviction or release, as the case may be, of an M.P. O 31 R 09
35 1 135 /M.L.A.

36 2 136 Form of Letter of Request O 31 R 13

37 4 137 General Index O 32 R 04
38 5 138 Index of Exhibits O 32 R 04
39 6 139 Cover or title page in original cases O 32 R 12
40 7 140 Letter reporting committal of case to Sessions O 33 R 01
41 8 141 Calendar of a case committed to the Sessions O 33 R 01
42 32 142 Order for payment of witness expenses (diet-money) O 33 R 04
209
 43 11 143 Memorandum of identification of suspects O 35 R 10
44 12 144 Identification of property held O 35 R 10
45 13 145 List of documents O 35 R 14
46 16 146 Inventory of property O 36 R 02 O 36 R 05
47 15 147 Malkhana Slip O 36 R 07 O 37 R 02
48 17 148 Procedure on passing sentence of death O 37 R 01
49 18 149 Form of classification of convicts O 37 R 07
50 19 150 Challan / e-Challan for deposit of fine, compensation etc O 37 R 09 O 37 R 13

51 20 151 Court-Receipt Book O 37 R 14

52 21 152 Cover in appeal or Revision cases. O 38 R 01 O 39 R 01
53 22 153 Requisition for Record. O 38 R 04 O 39 R 04 O 41 R 01
54 23 154 Notice of appeal under section 385 (1) of the Code of Criminal Procedure, 1973. O 38 R 05 O 38 R 06 O 39 R 05
55 24 155 Covering docket under which a notice to appellant in Jail is to be sent O 38 R 06 O 39 R 05
56 25 156 Certificate on the General Index before transmission of record O 40 R 03
57 26 157 Form for transmission of record O 40 R 06 O 41 R 03
58 27 158 List of record of ………… cases sent to the record room on ………… 20……………from the Court of… O 40 R 07

59 28 159 List of Police reports and miscellaneous proceeding not filed with the record of a regular case O 40 R 07

60 29 160 Invoice of records consigned to the record room O 40 R 07

MISCELLANEOUS
61 35 161 Notice prohibiting the practice of soliciting, giving or receiving gratification O 48 R 12
210
 FORM NO.101
(Order 1 Rule 14, Order 35 Rule 1)

Daily Cause List

Date......................Month......................Year...............

Serial Number Number and year of case Kind or nature of case Names of parties
1 2 3 4

Name of the lawyer for Name of the lawyer for the opposite party Purpose Remarks
the first party
5 6 7 8
211
 FORM NO.102
(Order 2 Rule 9)

Application for Inspection of a Record

In the Court..............................................................
Application for Inspection of Record
I beg to apply for permission to inspect the record of the case mentioned below.

I am *............................................................................... in the case.

The application is ** ...........................................................

Particulars of the record of which inspection is sought;

1. Name of the Court.
2. Kind of case.
3. Number of year.
4. Names of parties.
5. Date of decision (or hearing, if pending).

Signature............................

Note.-
* Here enter whether applicant is the complainant, accused etc. or the complainant‘s/accused‘s agent or counsel, as the case may be or if
the applicant is not a party or his agent or counsel, the reasons for which he wants an inspection should be stated here.
** Here enter ‗ Ordinary‘ or ‗ Urgent‘.
212
 FORM NO.103
(Order 6 Rule 2)
Application for Grant of Copies of Record
In the Court of......................................................

Application for Grant of Copies of Record

In.............................Case No....................of.......................
Decided/Fixed for hearing on...............................................
Copies
Kindly grant me certified copy(ies) of the papers named in the following list from the record of the above mentioned case.

The application is * .............................................................

** I am ............................................................in the case.

List
1. Serial number
2. Description of paper of which copy required.
3. Number of copies required.
4. Object for which copy is required or ground upon which application should be granted.

…..............................
Signature of applicant.
Note:-
* Here state whether the application is ‗urgent‘ or ‗ordinary‘.
** Here state the applicants status in the case, if he is not a party to the case, state so.
In every application sent by post, the following particulars should be noted:-
1. Full address of the applicant.
2. Whether the applicant wants the copy to be sent, to him by post, sufficient stamps should be sent, if the copy is to be sent by post.
213
 FORM NO.104
(Order 6 Rule 2)

Notice to applicant to make up deficiency of copying fees

In the Court of …......................................

Notice is hereby given that the copying fees filed with the application in the following case is less than the copying fees leviable and
thus, if in any case, the deficiency is not made up by the ….......... day of …....... 20…., the copying application shall be rejected.

S. No. Date of application Serial Number of Name of applicant No. and title of case from Deficit copying Remarks
application which copy required fees required
1 2 3 4 5 6 7

Signature ………………….
Designation …………………
Dated : ………….
214
 FORM NO.105

(Order 6 Rule 5)

Receipt Book of (Head Copyist for Photostat Copies)

Form No.105 FORM No. 105

Receipt Book of (Head Copyist for Photostat Copies) Receipt Book of (Head Copyist for Photostat Copies)
(Order 6 Rule 5) (Order 6 Rule 5)

Received as advance from Received as advance from

Shri …........................S/o................R/o Shri …........................S/o................R/o
a sum of Rupees (in words) ….................... a sum of Rupees (inwords) …....................
in application Number …...................... for supply of in application Number …...................... for supply of
Photostat copy. Photostat copy.
Head copyist Head copyist
Rs. ….................... with seal of the Court Rs. ….................... with seal of the Court
215
 FORM NO.106
(Order 11 Rule 5)
(Obverse)

Petition Writer's Licence

In the Court of …............. Judge of …............

The petition writer …......................... son of …....................... here by authorised to sit in the compound of the Civil Courts at …...
and to write petitions.
The holder of this licence is required to abide by the following rules as condition of the licence remaining in force:-
1. He shall regularly pay a yearly fee of Rs. 5/- (in advance).
2. He shall regularly attend the court.
3. He shall not carry on the profession of a tout as defined in the Legal Practitioners Act, 1879 (XVIII of 1879), or accept the clerkship of a legal
practitioner.
4. He shall not charge remuneration for writing petitions in excess of what is laid down in the scale of fees drawn up by the District Judge, a copy of
which must be kept by him in public view.
5. He shall not make any demand from any person in the name of any person or persons connected with court or accept any sum on their behalf.
6. He shall sign each petition or paper drawn up by him and endorse thereon the amount of fee received by him.
7. He shall write petitions legibly and observe the instructions relating to the writing of petitions and shall comply with the order of a court as to the
amending or redrafting of a petition or there paper drawn up by him.
8. He shall not keep any private copy of any petition, plaint of memorandum of appeal which he writes.
9. On breach of any of the above conditions, the licence shall be cancelled by the Court which granted it after giving sufficient opportunity to the
petition writer to explain his conduct.

(Reverse)
Note of payment of Renewal fee
Date Amount Voucher No. and date Signature of Judge
1 2 3 4
216
 FORM NO. 107
(Order 14 Rule 1)
Security Bond of Nazir, civil court, Amin, process server, Amin's peon etc. when the security is given, in cash, promissory notes or mortgaged and
hypothecated landed property

By this Bond I, A, B of …..... am bond to the Governor of Rajasthan (hereinafter called ―Governor‖ which term shall, where the context so admits, include his successors in office and
assigns) in the sum of Rs. ….... to be paid to the said Governor, for which payment to be made, I bind myself and my heirs, executors or administrators by these presents,
Signed and delivered by myself at …..... this day of 20 …..... .
Whereas the above bounded A, B on his appointment as ….....required by the General Rules (Civil), 1981, to furnish adequate security for the due discharge of his duties in the said
appointment.
And whereas the said A, B in consideration of his said appointment (has delivered to and deposited with * ….... cash to the extent of Rs. …... or (has delivered to and deposited with
and endorsed to ….... Government securities to the extent of Rs. ….....as set forth in the schedule hereto) or ( has mortgaged and hyphothecated the landed property described in the
schedule hereto) or (has placed on fixed deposit in the ….) Ltd. to the credit of …... the sum of Rs. …...) for the purpose of securing and indemnifying the Governor, against all loss or
damage which he or they might suffer by reason of any act, default, omission or negligence on the part of the said A, B in the course of the discharge of his duties and obligations.
And whereas the said A, B has entered into the above written Bond in the penal sum of Rs. …... conditioned for the due performance by the said A, B of the duties of his said office
and the other duties appertaining thereto or which may be lawfully required of him, and for the indemnity of the said Governor against loss from the acts or defaults of the said A, B.
Now the condition of the above written Bond is such that, if the said A, B, has, whilst he has held the office of …... always duly performed and fulfilled the said duties of the said
office and the other duties aforesaid or if he said A, B shall indemnify the Governor form and all and every loss and damage which, during the time the said A, B. has held executed and
enjoyed the said office, has happened then the above written Bond or obligation shall be void and of no effect, otherwise the same shall remain in full force and virtue.
And it is hereby agreed and declared by and between the said A, B and the Governor that, on the vacation by said A, B. of his said officer of ….... the above named moneys (where
cash is deposited) securities (where promissory notes are deposited) shall not be one returned to him but shall continue to be held in the manner aforesaid for the term of six months as
security against any loss that may have been incurred by the Governor owing to the neglect or default of the said A, B and which may not have been discovered until after the vacation of
his officer by the said A, B and if any breach of the conditions of the said Bond is discovered after the repayment (or return) of the said money (or securities or release of the said mortgage)
such repayment (or return) (or release) shall not affect the right of the Governor to take proceedings upon the said bond against the said A, B.:
Provided also that the officer in whose name the said sum is placed on deposit in the manner aforesaid may at the request of the said A, B. withdraw the said sum and place the
same in like manner as aforesaid in the imperial Bank of India or …. Ltd.:
Provided that if the said sum or any part thereof is lost by reason of the failure or defalcation of the bank in which such sum is at any time deposited, neither the Governor nor any
officer serving under him shall be in any way liable for such loss and the said A B shall immediately furnish to the Governor either in cash or in such other form as may be permissible under
the rules, regulations or orders then in force security equivalent in value to the amount lost in such manner as aforesaid.
Provided also that the interest on the said sum when realised may be paid over to the said A, B under the orders of a competent authority.
In witness to the above written Bond and to all the terms and conditions hereinbefore contained, I have here unto set my hands this …... day of ....... 20...... .
Signed by A, B in the presence of …..... and of ….....
217
 FORM NO.108
(Order 15 Rule 10)
TENDER (eGrass)
E-CHALLAN E-CHALLAN E-CHALLAN E-CHALLAN E-CHALLAN
Government of Rajasthan Government of Rajasthan Government of Rajasthan Government of Rajasthan Government of Rajasthan
Court …………………… Court …………………… Court …………………… Court …………………… Court ……………………
Valid Upto :- Bank Copy Valid Upto :- Bank Copy Valid Upto :- Bank Copy Valid Upto :- Bank Copy Valid Upto :- Bank Copy
GRN :……………………. GRN :……………………. GRN :……………………. GRN :……………………. GRN :…………………….
Bar Code :- Bar Code :- Bar Code :- Bar Code :- Bar Code :-
Office Name:- Office Name:- Office Name:- Office Name:- Office Name:-
Location:- Location:- Location:- Location:- Location:-
Year:- Year:- Year:- Year:- Year:-
Head(…) Amount Head(…) Amount Head(…) Amount Head(…) Amount Head(…) Amount

Discount:- Discount:- Discount:- Discount:- Discount:-

Total/ Net Amount:- Total/ Net Amount:- Total/ Net Amount:- Total/ Net Amount:- Total/ Net Amount:-
(In words ……………) (In words ……………) (In words ……………) (In words ……………) (In words ……………)
Payee Detail Payee Detail Payee Detail Payee Detail Payee Detail
TIN/Actt No/Vehicle No./Taxid/Lease No.:- TIN/Actt No/Vehicle No./Taxid/Lease TIN/Actt No/Vehicle No./Taxid/Lease TIN/Actt No/Vehicle No./Taxid/Lease TIN/Actt No/Vehicle No./Taxid/Lease No.:-
PAN No.:- No.:- No.:- No.:- PAN No.:-
Remitter Name :- PAN No.:- PAN No.:- PAN No.:- Remitter Name :-
Remitter Name :- Remitter Name :- Remitter Name :-
Addresss:- Addresss:-
Addresss:- Addresss:- Addresss:-
Remarks Remarks
Remarks Remarks Remarks

For use in Receiving Bank For use in Receiving Bank For use in Receiving Bank For use in Receiving Bank For use in Receiving Bank
Cheque=DD No.:- Cheque=DD No.:- Cheque=DD No.:- Cheque=DD No.:- Cheque=DD No.:-
Bank CNR No.:- Bank CNR No.:- Bank CNR No.:- Bank CNR No.:- Bank CNR No.:-
Bank - ………….. Bank - ………….. Bank - ………….. Bank - ………….. Bank - …………..
218
 FORM NO.109
(Order 15 Rule 16)

List of the Unexpended Balances of Deposit Money

Which are Due and have become Repayable

REFERENCE TO Case By whom Amount Amount disbursed Balance due and Date of notice Signature of Receiving Officer Remarks
DEPOSIT deposited deposited repayable
Date Number and
page of register
1 2 3 4 5 6 7 8 9 10
219
 FORM No.110
(Order 15 Rule 16)
Application for Repayment of Deposit in the Court of ..
(Instruction to applicant-Fill up correctly column no. 1 to 6, leaving the other columns blank)

Name of Name of parties Nature of Deposit Is applicant entitled Is amount still in deposit Serial number and date Remarks
applicant and number of repayment to the amount and available for present of repayment order
Amount No. Date
suit applied for claimed? payment to the applicant?

1 2 3 4 5 6 7 8 9 10
Rs. P.
220
 FORM No.111
(Order 15 Rule 21)
Treasury Officer's Certificate of Non-payment of Lost Repayment Order

Certified that Bill No. ….......... dated …......... for Rs. …..........(in words) (Rupees …………..….........) reported by (the drawing officer)
…....................... to have been drawn by him on his treasury in favour of ………………..…... has not been paid and will not be paid, if presented
hereafter.

Dated ….................
Treasury Officer
221
 FORM No.112
(Order 15 Rule 24)

Receipt of Direct Payment to parties made in Court

Receipt for immediate disbursement Copy of receipt for immediate disbursement

Number of suit Number of suit
Names of parties Names of parties
Receipt for Rs. Receipt for Rs.
Paid by Paid by
On account of On account of
Received by Received by Sd/-
Signature of recipient Stamp Signature of recipient
Signature of Signature of Sd/-
identifying witness identifying witness
In my presence In my presence
(To be given to the prayer) (To be given to the payer)

Presiding Officer Presiding Officer

222
 Number of execution case

1
Collectorate the ………………….. day of …………….. 20 …
Note- If the full amount of purchase money be paid on the day of sale, it will be entered in column 10.

dated the …………. day of ............ 20…..

Report of sale effected by the Collector of…………………………… on the day of ………. 20 ….. in pursuance of the order of the ……………….. of
Name of parties

2
Name of judgment debtor

3
whose property has been
sold

Number of Lot
4
Treasury Officer

Description of property
5

comprised in lot

Report of Sale effected by the Collector

Extent of interest sold as the
6

property of judgment debtor

(Order 15 Rule 30)

FORM No.113
Collector

Encumbrances or other
7

matters notified at the sale

Name of person declared to

8

be the purchaser

Amount of purchase money

9

Amount of deposit under

10

Order XXI, Rule 34

Amount deducted by way of

11

poundage

Balance held in deposit

12

Date of which balance was

13

credited in civil court deposit

Account of Treasury
…………

Remarks
14
 FORM No.114
(Order 19 Rule 11)

Notice to Head of Office etc. when summons to a public officer is sent direct for making necessary relieving
arrangements

In the court of …...........................................at ….................

.............................................Versus........................................
Case No. …................................. of …...................

To,
….........................
….........................

Sir,
I have to inform you that a summons has been issued direct to Shri.............................. for his …........................... attendance in
this court on the …................................. day of …..................
This information is sent to you in order that arrangements may be made for the performance of the duties of the said Shri
….................... during his absence.

Yours faithfully,
Designation …..............
224
 FORM No.115
(Order 19 Rule 12)

Letter forwarding summons for personal attendance of a public official etc. including notice for making relieving arrangements

In the Court of ...................................at ….......................

…..............................................Versus ….....................................
Case No. …....................................... of ….................
To,
….........................
….........................

Under the provision of Order V Rule 27 (or 28) of the Code of Civil Procedure, 1908, a summons in duplicate, is herewith forward for
service on the defendant …..... who is stated to be serving under you. You are requested to cause a copy of the said summons to be served
upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon
by you.
As the defendant has been ordered under Order V, Rule 3 to appear in person on the day specified in the summons, this letter should
be regarded by you also as notice to make arrangements for the performance of the duties of the said defendant during his absence.
Yours faithfully,

Signature …...........
Designation ….......
225
 FORM No.116
(Order 19 Rule 15)

Notice to Head of Department etc. of warrant of arrest against Government Servant etc.

In the Court of .............................at ..................................

…...................................... Versus …............................................
Case No. ….................................. of ….............................under section ……………….
To,
….....................
….....................

Sir,
I have to inform you that a warrant for the arrest of Shri …........ who is stated to be serving under you is being issued by this Court.

Yours faithfully,

Presiding Officer.
226
 FORM No.117
(Order 20 Rule 17)
List of documents required to be produced under Order VII,
Rule 14 and Order XIII, Rule 1

In the Court of..........................

Suit Number.............................(CNR Number)

..................................................Vs............................................

S. Description of document Date of the Signature of the Whether admitted in Exhibit make if admitted Acknowledgment of Remarks
No. and parties to the document party or pleader evidence or rejected in evidence party, if rejected and
documents with date with date returned
1 2 3 4 5 6 7 8
227
 FORM No.118
(Order 20 Rule 17, Order 24 Rule 6, Order 32 Rule 4)
General Index
Original Suit of................................................................................................ 20 ...............
Case Record ..............................Versus ............... Part.........

Number of case Name of Nature of the Suit Date of

Plaintiff Defendant Institution Decision

List of papers
‘A’ Part
Serial Number of Description of Paper No.of sheets Date of presentation/ State of Document C.F. Label Remarks
Paper in paper admission of paper to
record
No. Rs. P. Pages
Total

‘B’ Part
Serial Number of Description of Paper No.of sheets Date of presentation/ State of Document C.F. Label Remarks
Paper in paper admission of paper to
record
No. Rs. P. Pages
Total

‘C’ Part
Serial Number of Description of Paper No.of sheets Date of presentation/ State of Document C.F. Label Remarks
Paper in paper admission of paper to
228
 record
No. Rs. P. Pages
Total

‘D’ Part
Serial Number of Description of Paper No.of sheets Date of presentation/ State of Document C.F. Label Remarks
Paper in paper admission of paper to
record
No. Rs. P. Pages
Total

Certified that the papers in the file have, on examination, been found to be in accordance with the entries in the index that court fee stamps worth Rs. ....................are affixed, that all
orders have been carried out, and that the file is complete in every respect.

Dated............................
READER
229
 FORM No.119
(Order 20 Rule 25)
Letter of request to Parliament/Legislative Assembly/Council for production of a document in its custody

To,
The Secretary,
Parliament/Legislative Assembly/Council,
….................................................

Sir,
In case............................V/s........................ No............ pending before this Court, document......................... in the custody of
Parliament/Legislative Assembly/Council is required to be produced in evidence on..........................I have satisfied myself that production of
original document is necessary. You are therefore requested to make such arrangement that the said document be produced in this Court
through some officer/official on..............,
OR
Shri.........................designation............................ of your secretariat is to give evidence before this Court in case No. .............
title....................................V/s................................. on............... you are, therefore, requested to direct Shri …....................... to
appear before this Court on …......... for evidence. The accompanied summons may please be returned after due service on the Officer before
the date of hearing.

Yours faithfully,
Presiding Officer
Seal of the Court
230
 Form No.120
(Order 21 Rule 2, Order 21 Rule 4)

Letter of Authority on behalf of person belonging to army, navy or air force who cannot obtain leave of absence for the purpose
of prosecuting or defending the suit in person

―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 56/97 APO having occasion to

institute/ 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/ defence of the said suit. The said attorney will either prosecute/ defend the suit in person or will appoint one or more advocate
to prosecute/ 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.‖
231
 FORM NO.121
(Order 21 Rule 6)

Letter forwarding summons for personal attendance of a public official etc. including notice for making relieving arrangements

In the Court of ...............................................at ........................ ............................................. Versus .......................................

Case No...................................... of .........................

To,

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

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

Under the provision of Order V Rule 27 (or 28) of the Code of Civil Procedure, 1908, a summons in duplicate, is herewith forwarded for
service on the defendant ....... who is stated to be serving under you. You are requested to cause a copy of the said summons to be served
upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon
by you.

As the defendant has been ordered under Order V, Rule 3 to appear in person on the day specified in the summons, this letter should
be regarded by you also as notice to make arrangements for the performance of the duties of the said defendant during his absence.

Yours faithfully,

Signature ............

Designation ........
232
 FORM No.122
(Order 24 Rule 3)
Title page or Wrapper
(CNR NUMBER ……)
1. Name of Court.
2. Kind of case.
3. Title of case.
4. Number and year of case.
5. Date of institution.
6. Date of disposal.
7. Date of consignment to Record room.
8. Date of decision in appeal or revision.
9. Kind of file or part.
10. Class of record.
11. (a) Date on which part D is due to be destroyed.
(b) Date on which part D was destroyed.
12. (a) Date on which part C is due to be destroyed.
(b) Date on which part C was destroyed.
13. (a) Date on which part B is due to be destroyed.
(b) Date on which part B was destroyed.
14. (a) Date on which part A is due to be destroyed.
(b) Date on which part A was destroyed.
233
 FORM NO.123

(Order 24 Rule 7, Order 32 R 3)

Order Sheet
CNR NUMBER ……………..
Court of..................................at................................
Kind of case................................
Number of case........................................Year..........................
…........................................Versus …...........................................

Date Order with initials of Presiding Officer Brief note of compliance of the order

Order Sheet (subsequent)

CNR NUMBER ……………..

Number of case........................................Year..........................

…........................................Versus …...........................................

Date Order with initials of Presiding Officer Brief note of compliance of the order
234
 FORM NO.124
(Order 24 Rule 10)

Part-wise Index

Original Suit/Case.................................. of …......... 20 …........

….......................................................................... Versus..................................................................

*Serial Number in Serial Number in Brief description of Number of sheets State of document Date of Remarks
part General Index paper presentation
1 2 3 4 5 6 7

Note- * This serial number in part-wise index is to indicate the order in which papers are placed in the file. It is not to be endorsed on the
paper. Only the serial number to the General Index is to be so endorsed.
235
 FORM NO.125
(Order 25 Rule 5)
List of Records Transmitted to the Record Room

List of ……….. cases disposed of in the court of ………… in the month of ……… 20 ……

Serial Date Numb Date of Nam Number of Papers on record Details of additions to record made in the record room Date of removal of Remar
Numb of er and instituti e of ks
er of dispos year on Parti (i) (ii) (iii)
(iii
dispos al of suit es
al or
case
A B C D To Dat Particul Numb Dat Particula Numb Dat Particula Numb D C B A
Part Part Part Part tal e ars er of e rs er of e rs er of Par Par Par Par
papers papers papers t t t t
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
236
 FORM NO.126
(Order 25 Rule 6)
Invoice of Records and Papers Despatched in the month of ……… 20 ……

Invoice serial Number.. SNo Date of Number of

Date of Despatch ….. Despatch
Number of records- Original Appeals Collections of Misc. judicial Misc. non Remarks
(1) suits from Courts papers to be cases not judicial
(2) of Revenue joined to other relating to cases not
(3) records suits or relating to
(4) other cases suits or
(5) other cases
1 2 3 4 5 6 7 8

Ministerial office of the Chief Ministerial Officer of the Court

Court
I, Record Keeper, acknowledge that on the day of ………………… 20.. I received
from the court of the ………… of…… the record and papers mentioned in the above
form and certify that the number of records or papers of each class above specified
corresponds with the records or papers of each class shown in the lists
accompanying
the bundle and with those of such class actually received.
Dated the …………… 20 …… Record Keeper
237
 FORM NO.127
(Order 25 Rule 11)
Record Keeper's Report when a Record is Found to be Defective.

Name of Court ….............................................................

Number and year of the case …..............................................
CNR Number ..............................................................
Kind of case ….....................................................................
Title.......................................Versus....................................

Date of Decision …...................

1. Papers Nos. …....... do not correspond with those entered in the General Index.
2. Paper No. …............ is not in the file.
3. The document No. …..... bears blots, erasures or interlineation other than those noted in column 8 of the General Index.
4. Paper No. …...... does not bear the stamp entered in column 6 of General Index.
5. Stamp affixed on paper No. …...... has not been duly cancelled.
6. On paper No. …......... the number and aggregate value of the stamps on it have not been recorded.
7. Rules made by the Government for regulating the number of stamps to be used for denoting fees have not been complied with in respect of paper No. …
8. There is some thing suspicious in the appearance of the stamps on paper No. …......
9. Order dated …....... on paper No. …... has not been duly signed.
10. That the receipt for …............ is not in the record.
11. There is no court seal on a paper No. …........
12. Paper No. …..... is on the file but it has not been entered in the General Index.
13. Paper No. …........ should have been stitched to …... instead of having been stitched to ….....
14. Aggregate value of the court-fees entered in the certificate by the Munsarim or Reader is wrong.
15. The certificate does not bear the signature of the Munsarim or Reader.
16. In the order sheet is no order for having the decree prepared and signed.
17. In the order sheet order or orders dated …... have not been signed by the Presiding Officer or the Munsarim.
18. The documents which do not form part of the record under Rule …... of the General Rules (Civil), 1986, have not been kept properly in an envelope.
19. Paper No. …......... is on the file without any orders thereon.
20. There is no endorsement on the document admitted in evidence or rejected or inadmissible in evidence as required under Order XIII, Rules 4 and 6.
Record Keeper …......
Ordered that the above report together with the record of the case be returned to the Court of ….. for removing defects stated above and explanation be called
from the Munsarim or Reader who had recorded the certificate under Dated …............... day of ...........20……
Signature …................
Designation ….........
238
 FORM NO.128
(Order 25 Rule 18)

List of Registers, Books and Papers transmitted to Record Room

by the Court of …............................... in the year 20......

S. Description of registers, Order by which Period of retention Year to which books Number of books Date of receipt by Date of destruction
No. book or paper prescribed in record room or papers relate or papers record officer
1 2 3 4 5 6 7 8
239
 FORM NO.129
(Order 25 Rule 24)

Notice to take back documents

In the Court of …......................Suit/Case No.…................... of …......................... plaintiff............. defendant. The parties in this
case are hereby required to take back the documents produced by them, being exhibits in the case, before the last day of
March/June/September/December, 20........

If they fail to take them back before that date, the documents will be destroyed as prescribed by the High Court.

Dated …............... Presiding Officer of the Court

240
 (FORM NO.130-Civil)
( O22 R10, O25 R4, O26 R2)
(FORM NO.153-CR.)
(O38 R 4, O39 R4, O41 R1)

Requisition for Record

Court of the.................................................at.................
...................................................vs......................................
Case No..................................................of...............................

To
….................................................................
….................................................................
Dated the ................. 20.........

Kindly transmit to this Court the record specified below. I have satisfied myself that the production of the original record is actually
necessary. * The record should reach this Court before........20.....the next date of hearing.

*Note.- Original records should not be called at the instance of a private party if certified copies are admissible in evidence to prove
facts, for the proof of which the record is required.

Name of the Court Kind of case No. and Year Title Date of Disposal/ Hearing Remarks

…........................
Designation...............
241
 (FORM NO.131-CIVIL)
(Order 26 Rule 7)
(FORM NO.157-Cr.)
(O40 R6, O41 R3)
Form for transmission of record

From...................................................................
To....................................................................... Dated.................the................
Your requisition letter No...................Dated.........................in..................................Case
No...............................................of.......................................................in your
court..........................................vs.....................................................was received hereon.................................................the
following record is herewith forwarded. Kindly acknowledge receipt of the record on the duplicate of this letter attached hereto. The original
record may please be returned without delay after it is done with.
Particulars of records sent
S. No. Name of the Court No. and Year Kind of case Title Date of disposal Remarks
1 2 3 4 5 6 7

…..............................
Designation..............
Acknowledgment of Receipt of Records
The record detailed above was received in this Court on.....................and has been entered in the Register of Records received under
number....................and date..............................
Dated20................... …......................
Designation.........................
242
 FORM NO.132
(Order 29 Rule 24, Order 29 Rule 26)

Certificate for Refund of Court Fee

PART I PART II PART III

1 Number................................ Certificate for refund or payment of Court fees Advice of refund or payment
2 Date (being date of certificate signed by presiding
officer).................
3
Number of case and names of Amount Amount
parties............................ Name of Number Date To be Name of Remarks Nam e of Number Refunded Date of
4 Amount of fees paid into court Court refunded person to Court and date of refunded
whom the certificates
5 Date of payment into court refund or
payment
6 Date of application for refund or payment. Amount to should be
be refunded.. made
Date of order directing refund
7
Date on which certificate is made over to
8 payee.............
Name of payee …..............
9 Signature of payee ….........
Signature of person, if any, identifying payee
10 Rule or Section of Act under which refund is to be
made ….......................
11 Initials of Presiding Officer 1 2 3 4 5 6 7 8 9 10

Presiding Officer Officer-incharge of Treasury or Sub-Treasury

243
 FORM NO.133
(Order 30 Rule 20)

Amin's Receipt Book

No. Date …................... No. Date …...................

…....................Case No. …...................of.............. …....................Case No. …...................of..............

in the court of ….................................................... in the court of …....................................................

Received from......................................................... Received from.........................................................

the Sum of Rs. …................(in words)................... the Sum of Rs. …................(in words)...................

on account of …...................................................... on account of …......................................................

Amin Amin
244
 FORM NO.134
(Order 30 Rule 21)

Payment Order by Amin

No. Date …........... No. Date …....................

Name of person to whom given.......... To the Receiving Officer of the Court of the …........... at ….......... On or before the
Nature of payment to be received............... Amount Rs. ….............................P …................ day of ….................................... please receive from Shri
…........... …....................Son of Shri …...............caste …...................... resident of
Date up to which the order is in force........................................... …............................. the sum of Rs. ….................. being proceeds of a sale held
Case No. and title........................ by me …................ on the …........... at..................... under the order of
Next date of hearing …................................................ ….............. No ….....dated the ….............. on case No. …...... and title
Signature and date of the person to whom order is given …...................................... v/s …........................................... The next date in
the case is ….............................................................

Amin
245
 FORM NO.135
(Order 31 Rule 9)
Form of communication regarding arrest, detention, conviction or release, as the case may be, of an M.P./ M.L.A.
Place .................
Date .................
To
The Speaker/ Chairperson,
LokSabha/ RajyaSabha/ Rajasthan VidhanSabha,
New Delhi/Jaipur.

Dear Mr. Speaker/ Chairperson,

‗A‘
I have the honour to inform you that I have found it my duty, in the exercise of my powers under section ..............of the ...................(Act) to
direct that Shri ............... Member of the LokSabha/RajyaSabha/ Member of the Rajasthan VidhanSabha, be arrested/detained for ......................
(reasons for the arrest to detention, as the case may be).
Shri.....................................................................M.P./M.L.A., was accordingly arrested/taken into custody at.................(time) on
....................... (date) and is at present lodged in the ................... Jail, ................... (place).

‗B‘
I have the honour to inform you that Shri.........................Member of the LokSabha/RajyaSabha/ Member of the Rajasthan VidhanSabha, was tried
at the....................Court before me on a charge (or charges) of..............................(reasons for the conviction).
On.............(date) after a trial lasting for............days, I found him guilty of..............and sentenced him to imprisonment for...............(period).
[His application for leave to appeal to..............................(Name of the Court) is pending under consideration.]

‗C‘
I have the honour to inform you that Shri.....................Member of the LokSabha/RajyaSabha/ Rajasthan VidhanSabha, who was convicted
on........................(date) and imprisoned for ...............(period) for ......................(reason for conviction) was released on bail pending appeal (or
release on the sentence being set aside on appeal, as the case may be) on the..............(date).

Yours faithfully,
Judge/Magistrate
246
 FORM NO.136
(Order 31 Rule 13)
Form of letter of request
From
......................................
......................................
To
The Speaker of the House of the People/
The Chairperson of the Council of State,
Parliament House, New Delhi.
The Speaker/Chairperson of
Legislative Assembly/Legislative Council

Sub. Production of documents in ................................................

(description of the case)
Production of an officer of Secretariat of the House for purposes of giving evidence in ..............................................
(description of the case)
Sir,
Where mere production of documents is required.- In the above proceeding, the complainant/accused proposes to rely upon the documents
specified in the annexure which are in the custody of the House of the People/Council of State/Legislative Assembly/Legislative Council. I have to request
you to move the House, if you have no objection, to grant leave for the production of documents in my Court and, if such leave is granted, to arrange to
send the documents/certified copies of the documents so as to reach me on or before................................. by registered post (A.D.) or through an
officer in the Secretariat of the House.

Where oral evidence of an officer in Secretariat of the House is required.- In the above proceeding, the complainant/accused proposes to
examine................an officer in the Secretariat of the House of the People Council of State/Legislative Assembly/Legislative Council (or any duly informed
officer in the Secretariat of the House) as a witness in regard to matters specified in the Annexure. I have to request you to move the House, if you have
no objection to grant leave for the examination of the said officer in my Court, and if such leave is granted, to direct the officer to appear in my Court
at.................no............
Yours faithfully,
Presiding Officer,
Encl. Annexure
247
 FORM NO.137
(Order 32 Rule 4)
General Index
Court of the .........................................................................
Number of case Name of Charge Date of
Complainant Accused Institution Decision

List of papers
‗A‘ Part
Serial Number of Description of No. of sheets in Date of presentation/ admission of State of Document C.F. Label Remarks
Paper Paper paper paper to record
No. Rs. P. Pages
Total

‗B‘ Part
Serial Number of Description of No. of sheets in Date of presentation/ admission of State of Document C.F. Label Remarks
Paper Paper paper paper to record
No. Rs. P. Pages
Total

‗C‘ Part
Serial Number of Description of No. of sheets in Date of presentation/ admission of State of Document C.F. Label Remarks
Paper Paper paper paper to record
No. Rs. P. Pages

Total

‗D‘ Part
Serial Number of Description of No. of sheets Date of presentation/ admission of State of Document C.F. Label Remarks
Paper Paper in paper paper to record
No. Rs. P. Pages

Total
Certified that the papers in the file have, on examination, been found to be in accordance with the entries in the index that court fee stamps worth Rs.....................are affixed, that
all orders have been carried out, and that the file is complete in every respect.
Dated............................ READER
248
 FORM NO.138
(Order 32 Rule 4)

Index of Exhibits

In the Court of ..............................................................

Case No ...................................................................of 20 …… ...............................................vs..........................................

S. No. Description of Exhibits Date of Filling Exhibit number in the Filed in the court of the Remarks
Court of the Magistrate sessions Judges and by
and by whom first proved whom first proved.
1 2 3 4 5 6
249
 FORM NO.139
(Order 32 Rule 12)
Cover or title Page in original Cases
(CNR NUMBER ………….)

1. Name of Court .............................

2. Name of the Presiding Judge ..............................

3. Powers ...............................

4. Number and year of the Case............................................

Its nature, i.e. whether regular or miscellaneous........................................

5. Police Station .........................................

6. Name of complainant(s) ..........................................

7. Name of accused ................................................

8. Date of Institution ................................................

9. Date of Decision ...............................................

10. Offence with section ....................................................

(i) Mentioned in report of initial complaint........................................

(ii) According to Judgment ....................................................

11. Class or Record ...................................................

250
 FORM NO.140
(Order 33 Rule 1)

Letter reporting committal of case to Sessions

No................................of 20 …........................
To
The Sessions Judge of/
Deputy Registrar, High Court of Judicature for
Rajasthan at Jodhpur/Jaipur Bench

1.I beg to report that I have this day committed...................................................to the Sessions/High Court, on charge
under section.....................................................
2. I have satisfied myself that the copies of documents mentioned in section 207 and 208 of the Code of Criminal Procedure, 1973 have
been furnished to the accused free of cost. The accused is/are on bail....................................................... The accused is/are in judicial
custody since......................
3. The entire record of the case along with all the documents and articles, which are to be produced in evidence, are submitted.
4. I have notified to the public prosecutor the commitment of the case of your Court‘s.
5. There are...........................witnesses for the prosecution and.................days are necessary for me to secure their attendance in
the Sessions/High Court.
I request you kindly to intimate to me and to the public prosecutor on what day they should be directed to attend the Court.

Yours faithfully
Judicial Magistrate
Date of crime..................................
Date of apprehension......................
251
 FORM NO.141
(Order 33 Rule 1)
Calendar of a case committed to the Sessions

Cases committed to the Sessions Court of..........................by the.............................Magistrate...................Class

of...........................on the..................................by the …........................20 …..............

Prisoner's name, Parentage, caste, Offence charged, with law applicable and date of Date of Whether in prison or on
residence and age commission apprehension bail.

1 2 3 4
252
 FORM NO.142
(Order 33 Rule 4)

Order for payment of Witness Expenses (Diet-money)

To
THE NAZIR,

Please pay Rs....................as expenses to complainants and witnesses in the case mentioned below:-

Date Number of Case and names of parties Amount of money Signature of the official receiving Remarks
required the money from the Nazir
Rs. P.

Total..............................Rupees (in words).................................

Dated......................... 20........

If amount is not available, then deposit the amount in the following bank account of complainants or witness, or send it by money order at
following address.

Presiding Officer of the Court.

253
 FORM NO.143
(Order 35 Rule 10)

Memorandum of identification of suspects

Memorandum of identification proceedings of following accused conducted on …................at ….......................

Name, parentage & Offence Any distinctive remarks Steps (if any) taken by the Date of admission Name, parentage and
residence of the likely to affect Magistrate conducting the into jail (or on residence of the witness
accused identification proceedings column 3 bail)
1 2 3 4 5 6

Name or description of the Name of the Wrong person pointed out (if Observation of the witness Magistrate's remarks about
person who came to identify accused correctly any) or the accused demeanor of witness
(in his own words) identified
1 2 3 4 5
254
 FORM NO.144
(Order 35 Rule 10)

Identification of property held at.............................

In Crime No...........................under section..................of Police Station.....District......................in the Court
of........................Magistrate.................. class, on.......................20.......................at.............a.m/p.m.

Serial number I II III IV V VI VII VIII IX X

Name of accused from whom

recovered
Name of article to be identified

Number of articles

Any condition of the article which

is likely to affect identification of
proceedings.
Precautions taken regarding above.

Names of witnesses with parentage Result

1. The property to be identified was brought by.................... Court Moharrir/Police constable No...........................of my Court/Police
Station in....................sealed bundles (mention the receipt) from............................ The articles to be mixed up were brought
by...................... in sealed bundles. The seals were intact and were opened before me. The witnesses were called one by one, every
precaution was taken to ensure that no succeeding witness communicated in any manner with preceding one.
2. The articles mixed up were similar in appearance to those for identification except in details given in remarks columns.
3. …................... was present on behalf of prosecution............................ was/were present on behalf of...........................accused.

Magistrate..................
Date...........................
255
 FORM NO.145
(Order 35 Rule 14)
List of Documents
(Section 294, Cr. P. C.)
In the Court of.............................................................
Case No.................................of.......................................
Document filed by...............................................................................(Prosecution/name and number of accused).

Sr. No. Description of documents along with the Date of each document. Whether admitted or denied by opposite
names of their executors party
1 2 3 4

Whether admitted in Exhibit mark if admitted in Acknowledgment of party Remarks, if any

evidence or rejected evidence
5 6 7 8

Legible signature of the party

Or Advocate filling it with date
The list and documents have been
Checked and verified. The documents
Are as per list.
Legible signature of Munsarim/
Reader with date.
256
 FORM NO.146
(Order 36 Rule 2) (Order 36 Rule 5)

Inventory of Property
(CNR NUMBER ……………)

Property taken in possession

S. No. of Date of By which police station with date of In what town or village In what manner whether from possession
articles recovery roznamcha of a person unoccupied house, etc.
1 2 3 4 5

Property taken in possession – contd.

Complete Weight in case of valuable Value By whom produced Remarks
description property
6 7 8 9 10

Signature of Officer-in-charge
Police Station
257
 FORM NO.147
(Order 36 Rule 7, Order 37 Rule 2)

Malkhana Slip
(CNR NUMBER ………………)

In the Court ..................................................................................................

Title of the case State vs ............................................................................
Case No.........................................................
FIR No …..... u/s .................................................
Police Station ................................................................
Date of institution ........................................................
Date of disposal...........................................
Decision of First appeal ............................................................
Decision of second Appeal/ Revision ............................................
Malkhana Reg. No. ..................................................
V.M. Reg. No. ..................................
Malkhana Articles are as per Register of Malkhana:-

1. 7.
2. 8.
3. 9.
4. 10.
5. 11.
6. 12.
Signature of Judge

II. Report of clerk as per order in the judgment:-

Signature of Clerk
Order of the Judge for disposal of articles.

Signature of the Judge

Order of the Malkhana Incharge
Signature of Malkhana Incharge
258
 III. Malkhana articles requisitioned and returned to Malkhana incharge:-

Note. Malkhana articles requisitioned and returned to the Malkhana Incharge as per list in this for.
Date of the Received of Date and receipt of requisition Reader or Clerk Malkhana Clerk

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.

IV. After the decision and final order passed by the Judge concerned proceedings done by the Malkhana Clerk.
Proceedings:-
Signature of Malkhana Clerk

Proceedings checked and verified by the Malkhana Incharge.

Proceedings checked and verified, and the entries have been made and verified in Malkhana Register accordingly.

Signature of Malkhana Incharge

259
 FORM NO.148
(Order 37 Rule 1)
No............................

PROCEDURE ON PASSING SENTENCE OF DEATH

From,
The Sessions Judge/ Addl. Sessions Judge,
…..............................................................
To
The Deputy Registrar (Judicial)
High Court of Judicature for Rajasthan,
Jodhpur/Jaipur Bench.

Date .................... 20.............

Sir,
As required by law, I submit to the High Court my proceedings in the case .............(CNR NUMBER …………..) being Trial
No..................of...................of the.........................district for confirmation of the sentence of death passed upon.
I have satisfied myself that the convicted person (or persons) has (or have) funds/has (or have) no funds to engage counsel in the High
Court.
The records of the police investigation and of the enquiry by the Magistrate and all connected paper accompany the proceedings.

Yours faithfully,

Sessions Judge/Addl. Sessions judge

260
 FORM NO.149
(Order 37 Rule 7)

Form of Classification of Convicts

Classification of convict.................son of..................convicted by (Name of the Court and the Presiding
Officer)............................Section or sections under which convicted...................sentence.................Date of sentence.......................
Criminal Crime for which convicted 'organised‘ or not.........................

1. Whether to be treated as:

Habitual..................................
Causal.....................................
―A‖ Class................................
―B‖ Class................................
―C‖ Class...............................
(Strike out the entries not required)

2. If imprisoned for failure to furnish security under section 110, Code of Criminal Procedure, 1973 number of times previously convicted
under Chapters XII, XVI, XVII and XVIII of the Indian Penal Code, or required to furnish security under section 110...............
Place....................... …....................
Dated...................... Judge/Magistrate
261
 FORM NO.150

(Order 37 Rule 9, Order 37 Rule 13)

Challan/e-challan for deposit of fine,compensation,etc.

By whom Name and designation of the person Full particulars of Amount Rs. P. Head of Account Order to the Bank
tendered on whose behalf money is paid remittance and of
authority
Date.........
Signature with full designation
of the officer ordering the
money to be paid.
Signature
Total...

Total (in figures) Receive

Total (in words)

Treasurer Accountant Date Treasury Officer

Particulars Amount
Rs. P.
Coins
Notes with details
Cheques with details Total.....
262
 FORM NO.151
(Order 37 Rule 14)

Court receipt book

Book No. Receipt No. Book Receipt No. Book Receipt

No. No.
1. Date of Receipt 1. Date of Receipt Received from …….................. …… the
2. Officer who ordered payment 2.Officer who ordered payment sum of Rupees............P........
3. CNR Number 3.CNR Number (Rs..............) on account of ………………
4. Case Number & Year 4.Case Number & Year In CNR Number …………… Case No. &
5. Amount for which receipt is issued 5.Amount for which receipt is issued Year …….………, dated the...............day
6. To whom issued 6.To whom issued of 20 …..
7. On what Account 7.On what accountant
8. How amount should be credited 8.How amount should be credited
9. Treasury or Sub-Treasury into which amount 9.Treasury or Sub-Treasury into which amount
was or is to be paid was or is to be paid
10. Number and date of treasury or sub treasury 10. Number and date of treasury or sub treasury
acknowledgment acknowledgment
11. Remarks 11. Remarks

Cashier Presiding Officer Cashier Presiding Officer Cashier Presiding Officer

263
 FORM NO.152
(Order 38 Rule 1, Order 39 Rule 1)

Cover in appeal or revision cases

(CNR Number………..)
Appeal/ Revision

1. Revision number of ….. 20 ……

2. Date of institution
3. Date of disposal
4. In the Court of
5. Name of appellant or applicant
6. Name of respondent
7. Class of record, vide Rule xxx
8. Particulars of the case appealed against;
(I) Name of the Court and name of the Presiding Judge
(II) Number and year of the case
(III) Date of institution
(IV) Date of disposal
(V) Regular or miscellaneous
(VI) Police Station
264
 FORM NO.130-CIVIL
(O26 R2)

FORM NO.153-CR.
(O38 R 4, O39 R4, O41 R1)

Requisition for Record

Court of the.................................................at.................
...................................................vs......................................
Case No..................................................of...............................
To
….................................................................
….................................................................
Dated the ................. 20.........

Kindly transmit to this Court the record specified below. I have satisfied myself that the production of the original record is actually
necessary. * The record should reach this Court before........20.....the next date of hearing.

*Note.- Original records should not be called at the instance of a private party if certified copies are admissible in evidence to prove
facts, for the proof of which the record is required.

Name of the Court Kind of case No. and Year Title Date of Disposal/ Hearing Remarks

…........................
Designation...............
265
 FORM NO.154
(Order 38 R 5, Order 38 R 6) (Order 39 R 5)

Notice of appeal under section 385(1) of the

Code of Criminal Procedure, 1973

In the Court of Sessions Judge/Additional Sessions Judge.

Sessions Division/district.....................
Dated................Day of ......... 20

STATE
Versus
..................................................................................(Appellant)

Appeal against the decision dated.......................of.............

in CNR Number ………….., Case No. & Year ........................................... Offence u/s …..................................................

Pursuant to Section 385 of the Criminal Procedure Code, 1973 (Act No. 11 of 1974), notice to hereby given that the appeal of the
appellant named above will be heard and disposed of by this Court at.........................on the..................................( ) day
of ....................... 20....

Sessions Judge/Additional
Sessions Judge.
To*
Here enter name of the appellant or his pleader, or if appellant be in jail, the Superintendent of the jail, on the one side; for notice on the side of
the State enter the name of the Public Prosecutor or Additional Public Prosecutor, as the case may be.
266
 FORM NO.155
(Order 38 Rule 6) (Order 39 Rule 5)

Covering docket under which a notice to appellant in

Jail is to be sent.

Sessions Judge's Office/Additional Sessions Judge's Office

No. …..................20......... Dated the …….. 20 …………

FROM-

To-
The Superintendent
JAIL,

Enclosed notice in duplicate should be served on the marginally noted appellant, at present a prisoner in your jail, and returned to this
Court duly served and endorsed before the date fixed for hearing.

Sessions Judge/
Additional Sessions Judge
267
 FORM NO.156
(Order 40 Rule 3)

Certificate on the General Index Before

Transmission of Record
Certified that the papers in the file have, on examination, been found to be in accordance with the entries in the index, that court-fee
stamps worth Rs..............................are affixed, that all orders have been carried out, and that the file is complete in every respect.
Record Keeper. Reader.
Dated....................... 20.
Date of receipt of record Date of return of records Remarks

No....................... Dated ........................... 20.

From.................................................
…..............................................

To......................................................
…..................................................

The record detailed on the reverse is returned herewith. Kindly acknowledge receipt.
…........................................
Designation.........................
268
 FORM NO.131- CIVIL
(Order 26 Rule 2)

FORM NO.157-CR.
(O40 R6, O41 R3)

Form for transmission of record

From...................................................................
…..............................................................
To.......................................................................
Dated.................the................

Your requisition letter No...................Dated.........................in..................................Case

No...............................................of.......................................................in your court..........................................vs .........................
.......................... was received hereon.................................................the following record is herewith forwarded. Kindly acknowledge
receipt of the record on the duplicate of this letter attached hereto. The original record may please be returned without delay after it is done
with.
Particulars of records sent
S. No. Name of the Court No. and Year Kind of case Title Date of disposal Remarks
1 2 3 4 5 6 7

…..............................
Designation..............
Acknowledgment of Receipt of Records
The record detailed above was received in this Court on.....................and has been entered in the Register of Records received under
number....................and date..............................
Dated………………20...................
Designation................
269
 FORM NO.158
(Order 40 Rule 7)

List of record Case sent to the From the

of .................... Record Room on .... 20... Court of ....

Serial Number Kind of case as per original application Number with Register of Cases disposed Date of disposal Name of
in the list of complainant
1 2 3 4 5

Name of Police Station Section and law under which Class of record Number of case in the Date of Institution
accused charged register of Institution
6 7 8 9 10 11

Number of Pages in Date of Destruction Remarks

Part A Part B Part C Part D Part A Part B Part C Part D
12 13 14 15 16 17 18 19 20

.......................
Reader's Signature
270
 FORM NO.159
(Order 40 Rule 7)

List of Police Reports and Miscellaneous proceedings not filed with the record of a regular case.

Register Number Name of Complainant Name of accused Number of papers Date of destruction Remarks
1 2 3 4 5 6

.......................
Reader's Signature
271
 FORM NO.160
(Order 40 Rule 7)
Invoice of Records Consigned to the Record Room Invoice

Serial Number
Date of Despatch
Number of Files
(1) With list of Police Reports and Miscellaneous proceedings not filed with the record of a
regular case (F. XXVII)
(2) With list of Regular and Miscellaneous cases (F. XXVII)
Class I
Class II
Signature of Reader
Invoice of Records consigned to the Record Room
Serial Number Dated 20......

Number of files
Entered in the list of Police Reports and Entered in the list of Regular and
Miscellaneous Proceedings Miscellaneous cases etc.
(F. XXVIII) (F. )
Class I Class III
........................
Reader's Signature
1. Record-keeper do acknowledge receipt of the aforesaid files and do hereby certify that the number of files entered in each list corresponds
with the number actually received.
.............................
Signature of Record-Keeper
272
 FORM NO.161
(Order 48 Rule 12)
Notice Prohibiting the Practice of Soliciting, Giving or Receiving Gratification

Any peon, process-server or other public servant employed in this Court, who solicits, or receives any gratification from, or on behalf of,
any person, will be summarily dismissed, and may also be criminally prosecuted, and any person giving such gratification also renders himself
liable to prosecution.

Station: Officer's Signature

Date: Court's Designation
273
 APPENDIX
‗E‘
GENERAL RULES (CIVIL & CRIMINAL) 2017- REGISTERS
Existing New Description Order No.
S.No
No. No.
GENERAL
Staff Attendance Register: (I) Ministerial staff; (II) Non-Ministerial staff; O 01 R 08
1 1 200 (III) Process-servers.

2 2 201 Judge's Attendance Register O 01 R 13

3 9 202 Register of applications and inspection of records O 02 R 09 O 02 R 16

4 10 203 Register of applications for copies of records O 06 R 03 O 06 R 05 O 06 R 14

5 15 204 Cash Book for Photostat Copies O 06 R 05
6 14 205 Inspection and compliance register O 07 R 06
7 78 206 O 08
Stock Book of Stationery & other Consumable Articles
8 67 207 Register of Letters received O 09 R 04
9 68 208 Register of Letters issued O 09 R 05
10 17 209 O 09 R 12
General Register of Correspondence Files & closed files O 09 R 13
11 21 210 Register of General letters and circulars O 09 R 15
12 70 211 No format Prescribed (See Rule) O 09 R 26
13 71 212 No format Prescribed (See Rule) O 09 R 26
14 39 213 Memorandum book of dates for cases O 10 R 01
15 65 214 Register of Casual Leave O 10 R 03
16 81 215 Register of petitions to be maintained by Petition-Writers O 11 R 11

17 82 216 Register of Licensed Petition Writers O 11 R 13

18 72 217 General Register of Books & Periodicals O 12 R 01
274
 19 74 218 Register of Classified catalogue of Books O 12 R 01
20 75 219 O 12 R 05
Register of Books & Periodicals Issued from Library
21 79 220 Register of securities O 14 R 06
22 16 221 O 15 R 08
Register of Receipts of Deposits/ Repayment/ Lapsed amount
23 19 222 Register of Applications for Repayment Orders O 15 R 08

24 22 223 Register of Revenue Receipts O 15 R 08

25 23 224 Register of Money Orders received O 15 R 08
26 24 225 Register of Payments made by Postal Money Order/Bank Draft O 15 R 08

27 25 226 O 15 R 08
Register of Tenders (Challan)/ eGrass for the Money Tendered in the Court O 15 R 15
28 27 227 Cash-Book (General) O 15 R 08
Register of Salary Bills/ T.A. Bills/ Invoices (Instead of these, use only Bill O 15 R 08
29 29 228 Transit Register)

Establishment Order-Book (Centralised- to be kept only in court of District O 15 R 34

30 32 229
Judge)
31 33 230 Register of Articles deposited with Nazir O 15 R 36
CIVIL
32 7 231 Register of Process-server's Diary O 19 R 28
33 3 232 List (Register) of Legal Practitioners authorised to execute Commissions O 20 R 43

34 4 233 Register of Commissions issued O 20 R 43

35 5 234 Register of Affidavits verified by Munsarim or Reader O 20 R 51

36 6 235 Register of Affidavits verified by Oath Commissioners O 20 R 52

37 46A 236 Register of closed registers O 27 R 01

38 46 237 Register of Injunctions and Stay Orders O 27 R 01
39 34 238 Register of Civil Suits O 27 R 01
275
 40 36 239 Register of Execution Applications O 27 R 01
41 38 240 Register of Miscellaneous Judicial Cases not relating to other cases O 27 R 01

42 39 241 Register of Returned Documents O 27 R 01

43 41 242 Register of miscellaneous Cases (Judicial) relating to other cases O 27 R 01

44 42 243 Register of persons committed to jail O 27 R 01

Register of proceeding taken in execution of orders received from the High O 27 R 01
45 43 244
Court
46 48 245 Register of Appeals from Decrees O 27 R 02
47 50 246 Register of Miscellaneous Appeals O 27 R 02
48 52 247 Register of Revision Cases under the Gram Panchayat Act O 27 R 03

Register of Revision Cases under Rajasthan Relief of Agricultural O 27 R 03

49 53 248
Indebtedness Act, 1957
50 44 249 Register of records Requisitioned and Returned O 26 R 08 O 27 R 01 O 41 R 04

51 55 250 Process Register O 27 R 04

52 56 251 Register of Peons (Process-servers) O 27 R 04
53 57 252 Despatch Register (Local) O 27 R 04
54 58 253 Despatch Register (Postal) O 27 R 04
55 59 254 Register of Orders issued to Amins O 27 R 05 O 30 R 23
56 60 255 Amin's Diary O 27 R 06
57 61 256 Amin's Proceeding Register O 27 R 06 O 30 R 23
58 62 257 Amin's Property/ Cash Register O 27 R 06 O 30 R 23
59 64 258 Register of Court-fees and Process-fees O 27 R 07 O 43
60 45 259 O 27 R 01
Register of witnesses/ persons summoned and examined O 43
CRIMINAL
61 1 260 Register of Miscellaneous Criminal cases O 32 R 02
62 3 261 Letter Delivery book O 35 R 12
276
 63 4 262 Register of Malkhana Articles O 36 R 01
64 6 263 Register of fines, compensation, deposits, penalties and fees O 37 R 08
O 37 R 17
65 22 264 Register of complaints O 43
66 23 265 Register of regular criminal cases O 43
67 26 266 Register of police reports of offences O 43
68 30 267 Register of Criminal Appeals O 43
69 32 268 Register of Criminal Revisions O 43
70 34 269 Register of Sessions Cases O 43
71 40 270 Register of Affidavits O 45 R 02
MISCELLANEOUS
72 80 271 Register of recognised clerks of pleaders O 47 R 02
73 83 272 Stock-Register O 48 R 15
277
 REGISTER NO.200
(Order 1 Rule 8)

Staff Attendance Register (i) Ministerial Staff; (ii) Non-ministerial Staff; (iii) Process Servers

S.No. Name of Official Initials and Time of Arival in Office on Remarks

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
25 26 27 28 29 30 31

Note- The attendance of class IV servants and process servers shall be marked by person maintaining the Register
278
 REGISTER NO.201
(Order 1 Rule 13)

Judge's Attendance Register

Date Signature with time of arrival If court sitting time not observed Remarks
as per rules, then details thereof
with reason in brief

1 2 3 4
279
 REGISTER NO.202
(Order 2 Rule 16)
Register of Applications and Inspection of Records

S. No. Date of Value of stamp on Name of Whether the applicant Particulars of the record of which inspection is sought
application application applicant is
Ordinary Urgent (a) a party or his Of what Kind of Number and Title of Date of decision/
agent, or court case year of case case hearing
(b) A stranger
1 2 3 4 5 6 7 8 9 10 11

Date and hour when Date and hour of Acknowledgement Inspection Date and hour Acknowledgment by Remarks
application received by receipt or record by Inspection made on of record by record clerk/
concerned clerk/ record keeper by inspection clerk Clerk inspection clerk concerned clerk
12 13 14 15 16 17 18
280
 REGISTER NO.203
(Order 6 Rule 3, Order 6 Rule 5, Order 6 Rule 14)

Register of applications for Copies of Records

S. Date of Nature of Name of Whether- Kind of Number Title of Date of Date and Date and hour when Date and
No. application Application applicant (a) Party, or case and year case hearing hour of application received hour on
(b) Stranger of case / requisition of by the Record- which
decision record from keeper or Clerk-in- record
the charge of Record/ was
received
concerned concerned court
the Head
Ordinary Urgent Copyist
1 2 3 4 5 6 7 8 9 10 11 12 13

Number Amount Amount of Amount No.of entry Name of Date Date on Date of issue of notice Date of Date and hour on Remarks
of pages of copying fee of in cash the fixed which copy to the applicant (if delivery/ which record was
copying paid in copying book for photostat for was ready issued) posting returned by Head
fee stamps fee paid Photostat copier issue of Copyist
estimated in cash copy copy
(Reg.204)

14 15 16 17 18 19 20 21 22 23 24 25
281
 REGISTER NO.204
(Order 6 Rule 5)

Cash-Book for Photostat Copies

RECEIPTS PAYMENT
Serial No. of Amount Amount
application Receipt Name of paid to refunded to Initials
entered in Particulars No. the the applicant, if of
Register No. Name of of the Amount and Photostat Photostat any, balance Presiding
Date 203 applicant case Rs. P. Date Date copier copier left Officer Remarks
1 2 3 4 5 6 7 8 9 10 11 12
282
 REGISTER NO.205
(Order 7 Rule 6)

Inspection and compliance Register

1. Inspection
Date of inspection Name of inspecting officer Date of receipt of inspection Defaults and defects to be removed
note
1 2 3 4

2. Compliance
Pointwise Date of compliance Name and signatures of Signatures and remarks of the Presiding Officer
compliance official making compliance
1 2 3 4
283
 REGISTER NO.206
(Order 8)

Stock Book of Stationery & other Consumable Articles

Number Invoice or Number Closing Signature of Remark
Date Particulars received Bill NO. issued balance receiptent s
1 2 3 4 5 6 7 8
284
 REGISTER NO.207
(Order 9 Rule 4)

Register of Letters Received

Numbe
S. Date of From whom r of Date of Referenc Acknowledgement of official to
No. receipt received letter letter Subject e whom handed over Remarks
1 2 3 4 5 6 7 8 9
285
 REGISTER NO.208
(Order 9 Rule 5)

Register of Letters Issued

S. To whom Subject or contents Acknowledgement of Nazir or

No. Date addressed Reference despatcher Remarks
1 2 3 4 5 6
286
 REGISTER NO.209
(Order 9 Rule 12, Order 9 Rule 13)

General Register of Correspondence Files & closed files

S. Date of Opening Letter Date of closing of file

No. opening of file Number Date From To
1 2 3 4 5 6 7

Closing Letter Subject Head and Number and date Date of Date of Remarks
sub- head in of entry in Index of consignment weeding
Number Date From To Index of closed files to record
closed files
8 9 10 11 12 13 14 15 16 17
287
 REGISTER NO.210
(Order 9 Rule 15)

Register of General letter and Circulars

S. Date of Issuing Number and Subject File on S. No. and Acknowledgment of Remarks
No. Receipt authority date of the which page of the the official to whom
Circular/ P.I./ placed file copy delivered
S.O.

1 2 3 4 5 6 7 8 9
288
 REGISTER NO.211

(See Order 9 Rule 26)

Service Books of Officials

289
 REGISTER NO.212

(See Order 9 Rule 26)

290
 REGISTER NO.213
(Order 10 Rule 1)

Memorandum book of dates for cases

S. Kind of Number Complaint Accused/ Name of pleader for Name of Purpose for Date to which Remarks
No. case and year / plaintiff, defendant, complainant/plaintiff pleader for which case is adjournment,
original of case Appellant Respondent , Appellant accused/ set down for if case not
appeal or or opposite or Applicant defendant, hearing disposed of
etc. Applicant party Respondent or
opposite party
1 2 3 4 5 6 7 8 9 10
291
 REGISTER NO.214
(Order 10 Rule 3)

Register of Casual Leave

Name of the Leave taken during the year
S. No. Official 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 Remarks
292
 REGISTER NO.215
(Order 11 Rule 11)

Register of Petitions to be Maintained by Petition-Writers

Name,
Father's Value
Name, of
Caste and Court Signature or
Date Residence fees Fees thumb
on of the Name of Summary stamp charge impression of
Serial which person at Court of s d for the person at
Number petition whose where to subject pasted writing Signature whose
of instance be Description matter on / of instance
Petition written petition Presented of of petition typing Remark Petitioner petition
/ typed written Petition petition petition s writer written
1 2 3 4 5 6 7 8 9 10 11
293
 REGISTER NO.216
(Order 11 Rule 13)

Register of Licensed petition-Writers

Place of Reference
Date of business and to Treasury
licence/ Place of Court to Amount voucher
S. Date of Father's residence Qualification which of fee number and Remarks
No. renewal Name Name attached paid date
1 2 3 4 5 6 7 8 9 10
294
 REGISTER NO.217
(Order 12 Rule 1)

General Register of Books & Periodicals

Class
and sub-
Date of From Name of Number Name Name of Date/ Month Reference to head, if Sectional
S. Receipt whom Book/ of of publisher of Contingent Bill any, in Number in
No receive Periodic volume Author publication Cost No. and Date catalogue Catalogue Remarks
. d al

1 2 3 4 5 6 7 8 9 10 11 12 13
295
 REGISTER NO.218
(Order 12 Rule 1)

Register of Classified Catalogue of Books

Number
in the Date of Number Name Name of
General receipt Name of of Date of publisher
Class Sub-Head, if Serial number in of book Volume author publication Remarks
any class

1 2 3 4 5 6 7 8 9 10 11
296
 REGISTER NO.219
(Order 12 Rule 5)

Register of Books & Periodicals Issued from Library

Class
Serial Date Name of General serial and Sub-
Number of the book/ number of book/ Head, if Sectional To whom Date of
of issue issue periodical Periodicals any serial number issued return
1 2 3 4 5 6 7 8
297
 REGISTER NO.220
(Order 14 Rule 6)

Register of Securities
Maximum
amount
ordinarily in Opinion
Office held Name of his hands Amount Date of of
S. by public Public at any one of Security Character District Remark
NO. accountant Accountant Pay time security Bond of Security Judges s
1 2 3 4 5 6 7 8 9 10
298
 REGISTER NO.221
(Order 15 Rule 8)

Register of Receipts of Deposits/ Repayment/ Lapsed amount in the Court of …….20…….

DETAILS OF DEPOSITS

From Amount of Initials of

S. No. of Date of whom Name of Court Number and Kind of Title of Nature of deposit Munsarim/ Initial of
deposit deposit received Ordering deposit year of case case case Deposit Rs. P. Reader Judge
1 2 3 4 5 6 7 8 9 10 11

Note- The entry should be sufficient to explain why the amount is deposited.

DETAILS OF REPAYMENTS Details of Lapsed and credited to Government

By
Transfer Total
Item Number in amoun Balance Initia
Number numbe of Account t of Amount Initial of l of
and date r of repaymen To Number Initial of deposi lapsed and Date Reader/ Judg
of the t Voucher who of Date of Nazir/Actt Initial t as Total credited to of Munsarim e
repaymen Amoun cash or cheque m Recipien repaymen s Clerk/ s of per Repaymen Governmen Laps / Accts with Remark
t order t Rs. P. book number paid t Rs. P t Munsarim Judge Col. 9 t Rs. P t Rs. P e Clerk date s
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
299
 REGISTER NO.222
(Order 15 Rule 8)
Register of Applications for Repayment Orders in the Court of ……..

Particular of the case

Application
Serial Number sent to
and the date of Nazarat/
Number the Register of Record
Serial Date of and year Titles of Name of Receipt of Room/ Other Date of Date of
No. application of case Kind of case case applicant Amount Deposits court Dispatch return
1 2 3 4 5 6 7 8 9 10 11

In case of refund of lapsed deposit

S. No. and Number and the
date of date of reference Date of issue of
lapsed to the A. G. (T. Date of receipt of A. Repayment/ refund Acknowledgemen Signature of
deposits O.(O.J) G.'s/T. O.'s sanction order to applicant t of the applicant Presiding Officer Remarks
12 13 14 15 16 17 18
300
 REGISTER NO.223
(Order 15 Rule 8)

Register of Revenue Receipts

Treasury Voucher Particulars of the case

Sale Court fees realised
Act and proceeds in cash (including
section of process servers and
S.No. of Numbe under unclaimed Amin's fees,
Date of Tender r and Name of which and recoveries on
S. realisatio Registe Numbe year of Kind of Title of party payment is escheated account of pauper
No. n r r Date case case case paying made property suits
1 2 3 4 5 6 7 8 9 10 11 12

Stamp Duty Penalty Miscellaneous fee and fines

Collection of
Record Recoveries payment for
General Fines and Room Other of over services Initials of
fees forfeitures Duty Penalty receipts receipts Miscellaneous payment rendered Munsarim Remarks
13 14 15 16 17 18 19 20 21 22 23
301
 REGISTER NO.224
(Order 15 Rule 8)

Register of Money Orders Received

Particulars of the
case
Name or
Number From On Numbe Number of
and date whom what Numbe Amount of r and register in
Dat of money receive accoun r and Kin Money date of which receipt
e order d t year d Title Order entry is entered Remarks
1 2 3 4 5 6 7 8 9 10 11
302
 REGISTER NO.225
(Order 15 Rule 8)

Register of Payments made by Postal Money Order/Bank Draft

In whom favour Address Amoun Postal
and on what to t Commissio Net Reference receipt/Ban Payees
S.No account with which payabl n if amoun to entry in k Draft No. acknowledgemen Remark
. reference to bill sent e deducted t paid cash book & Date t s
1 2 3 4 5 6 7 8 9 10
303
 REGISTER NO.2260
(Order 45 Rule 2)

Register of Tenders (Challan)/ eGrass for the Money Tendered in the Court of …..20…..
(Tender available on eGrass can be used in place of this)

Serial
No. &
Serial Number and date Initials
Number of From Natu Amoun date of of of Initials Initia
tender whom re of t In In voucher depos receivi of ls of
Dat (Challan/eGr receiv recei tender Dat Cour Treasu (Challan/eGr it ng Munsar Judg Remar
e ass) ed pt ed e t ry ass) regist officer im e ks
er
1 2 3 4 5 6 7 8 9 10 11 12 13 14
304
 REGISTER NO.227
(Order 15 Rule 8)

Cash Book (General)

(Cash book as per GF&AR should only be used)
In the Court of Receipt
Contengencies
No. of Rs. P. In
receipt recoupment of Rs. P.
Dat where Rs. P. Rs. P. permanent Advance Rs. P. Rs. P. Rs. P.
e necessary Particulars Pay Allowances advance payment Miscellaneous Total Classification
1 2 3 4 5 6 7 8 9 10

Month…Payments
Contengencies
Rs. P. Out of
money
Rs. P. Out of drawn in Rs. P.
Sub- Rs. P. Rs. P. permanent anticipation Miscellaneou Rs. P. classificatio Remark
Date vourcher Particulars Pay Allowance advance of payment s Total n s
11 number 12 13 14 15 16 17 18 19 20 21
305
 REGISTER NO.228
(Order 15 Rule 8)

Register of Salary Bills/ T.A. Bills/ Invoices

(Instead of these, use only Bill Transit Register)
306
 REGISTER NO.229
(Order 15 Rule 34)

Establishment Order Book (Centralised- to be kept only in court of District Judge)

Orders passed by District
Judge
Date Date
Name of Name of when when
Name of outgoing Nature Period person Period last new
Court/ Nam Sanction incumbe of of appointe of which incumbe incumbe
S. Establishm e of ed scale nt and vacan vacan d/ appoint Salar nt nt took Remar
No. ent Post of pay his pay cy cy posted ed y relieved over ks
1 2 3 4 5 6 7 8 9 10 11 12 13
307
 REGISTER NO.230
(Order 15 Rule 36)

Register of Articles Deposited with Nazir

Numbe
r and
Numbe Titl By Natur Date Date date of Nature Signatur
S. r& e of whom e of Disclose of of order of e of Initial
No year of cas deposite deposi Descriptio d deposi dispos of dispos recipient s of Remark
. case e d t n Weight t al Court al , if any Judge s
1 2 3 4 5 6 7 8 9 10 11 12 13 14
308
 REGISTER NO.231
(Order 19 Rule 28)

Register of Process-server's Diary

Particulars of work and time Signature of Nazir (or of Patwari

Date spent thereon or any Respectable person) Remarks
1 2 3 4
309
 REGISTER NO.232
(Order 20 Rule 43)

List (Register) of Legal Practitioners Authorised to Execute Commissions

Name of
Date of Legal Reference to number and date of
S. No. Entry Practitioner District Judge's order Initial Remarks
1 2 3 4 5 6
310
 REGISTER NO.233
(Order 20 Rule 43)

Register of Commissions Issued

Particulars
of case in Date of
Serial Date which Name of the submission of Initials of
Number of commission Commissioner Commissioner' s Commissioner's Presiding
issue is issued fee paid Report Officer Remarks
1 2 3 4 5 6 7 8
311
 REGISTER NO.234
(Order 20 Rule 51)

Register of Affidavits Verified by the Munsarim or Reader

Date and Full particulars of Particular of

time of Title and the person the person Valuation of the
S. making the number of making the identifying stamp affixed on Initials of
No. affidavit the case affidavit him the affidavit Presiding Officer Remarks
1 2 3 4 5 6 7 8
312
 REGISTER NO.235
(Order 20 Rule 52)

Register of Affidavits Verified by the Oath Commissioner

Date of Particulars of Full Particulars
time of the case to particulars of of the Name of the Oath
making which the the person person Commissioner Signature of
the affidavit making the identifying Fee before whom the the Oath
S.No. affidavit relates affidavit him paid affidavit is sworn Commissioner Remarks
1 2 3 4 5 6 7 8 9
313
 REGISTER NO.236
(Order 27 Rule 1)

Register of closed Registers

List of Closed Registers in the Court……………

Name of Register………………………………….

S. No. Date of opening of Register Date of closing of Register Remarks

1 2 3 4
314
 REGISTER NO. 237
(Order 27 Rule 1)

Register of Injunctions and Stay Orders

FIRST ORDER FINAL ORDER
Ex-parte
Number Date Application Ex- Notice order
and title of rejected parte issued but Date of maintained
Serial Date of of the first without orders no ex-parte final after Ex-parte order discharged after
Number application case order notice made order made order contest contest Remarks
1 2 3 4 5 6 7 8 9 10 11
315
 REGISTER NO. 238
(Order 27 Rule 1)
Register of Civil Suits
How instituted, i.e (1) How disposed off
Originally instituted (2) Without Trial After full trial
Received by transfer
(3) Remanded; O. XLI Name, ADR/ Ex-
R. 23 (4) On Review, Name, description Date parte/On
O. XLVII, R. 4 (5) description and place fixed for Admission of
Revived: O.IX, R.4 and place of abode Value parties Claim/ Judgment Judgment
Date of O.IX, R. 9 O.IX, R.13 Number of abode of of Nature of to Date of Compromise/ for for Number of papers on the
Institution or O. XXII, R. 9 of Suit plaintiff defendant of Suit claim appear disposal By Transfer Plaintiff(s) defendant(s) record
1 2 3 4 5 6 7 8 9 10 11 12 13

Appeal from Appellate

Appeal decree Execution Return of Execution Remarks
Appeal, if Here note particulars of order
any, under: Order IX, R. 4 O. IX, R.9
against O.IX, R.13 O.XII, R. 13 O.XII, R.9
Date and For what Amount If not order in and O.XLI, R. 23 and any order of
No. and No. and purport of Number Date and paid Mode of satisfied, execution view or other similar order with
date of Date and purport of date of Judgment and date of of Against amount, into Satisfaction reason and if so, reference to any other register in
appeal judgment in appeal appeal in appeal application order whom if any court of Execution thereof the result which the suit may be entered.
14 15 16 17 18 19 20 21 22 23 24 25 26

1. All suits when instituted in a Court shall, in the Register of that Court, receive a serial number of the year of institution, and such serial number shall, in all subsequent entries relating to such suit,
continue to be the serial number of the suits .
2. A plaint in a suit where a minor is impleaded as a defendant shall be entered at once in this register, if the plaint is found to be in order.
316
 REGISTER NO.239
(Order 27 Rule 1)
Register of Execution Applications

S. No. and Name of Date of last

Number of year of the parties preceding Relief sought to be Cost incurred after
Date of application in institution to the Date of Decree Name of Court which application if any, obtained by institution of application
application this register of suits application or order passed the decree for execution execution not in column 8
1 2 3 4 5 6 7 8 9

How disposed off

Name and
designation of
Whether the judgment
decree or Whether Whether Whether debtor whose Amount of
order was Whether Whether Whether satisfaction satisfaction adjustment Whether salary was debt for Amount of
transferred the satisfaction satisfaction was was was made the ordered to be which salary Amount
to another application was was obtained obtained under judgment withheld salary is ordered to realized Date of
court under was wholly obtained in obtained in through through Order XXI, debtor was under Order ordered to be under final
Section 39 infructuous full part the Court ADR Rule 2 imprisoned 21, R. 48 be withheld withheld Order disposal Remarks

10 11 12 13 14 15 16 17 18 19 20 21 22 23

Application under Section 39 of the Act No. V of 1908, though not themselves application shall also be entered in this register but in red ink so that they may not be
included in the totals of applications for execution. Copies of decrees and orders received under Order, XXI, Rule 6, shall be entered in red ink.
An entry shall be made in the register of every oral application made under Order XXI, Rule 11.
Precepts under Section 46 of Act No. V of 1908 shall be treated like applications under Sections 39 by the Court issuing them and like applications for execution by
the Court receiving them for necessary action
317
 REGISTER NO. 240
(Order 27 Rule 1)
Register of Miscellaneous Judicial Cases not relating to Other Cases

How instituted i.e.:- (1) Original instituted

(2)Received by transfer (3) Remanded, Name, Name,
Order XLI, Rule 23 (4) On review Order description and description and
XLVII, Rule 41 (5) Revived Order IX, Rule 4 place of abode place of abode
Order IX, Rule 9, Order IX, Rule 12, 13 or Number of of plaintiff or of defendant or Date of
Date of institution Order XXII, Rule 9 case appellant opposite party Nature of case disposal
1 2 3 4 5 6 7

HOW DISPOSED OFF

Without trial After full Trial Appeal Appeal from Appellate decree Execution
ADR/ Ex-
parte/ On
Admission of Date and Date and
Claim/ Judgment Number purport of purport of Number and
Compromise/ for and date of judgment in judgment date of Date of Against
by Transfer Judgment for plaintiff defendant appeal appeal Number and date of appeal in appeal application order whom
8 9 10 11 12 13 14 15 16 17
318
 Return of Execution Remarks
Here note particulars of order
under- Order IX, Rule 4 Order IX,
Rule 9 Order IX, Rule 13 Order XLI,
Rule 23 Order XXII, Rule 9, and any
other of review or other similar
order with reference to any other
Fully Not satisfied register in which the suit may be
Relief claimed Amount of Costs satisfied Partly Satisfied (inexecutable) entered.
18 19 20 21 22 23

Note- This form shall be used for the following proceeding, when these do not relate to or arise of suits or otherwise.
(1) Order rejecting or returning plaints or memoranda of appeal which have not been entered in the Register of suits or of Appeals.
(2) Miscellaneous criminal proceedings under Order XVI, Rules 12 and 17 of Act No. V of 1908 and Sections 195, 340, 343 and 345 of Act No. II of 1973.
(3) Commissioners under Order XXVI, Rule 4 of Act No. V of 1908 for the examination of witnesses, received from other Courts and executed by the Court.
(4) Applications under Order XXX, Rule 1 and Order XLV, Rule 1 for permissions to sue or appeal as indigent, when rejected.

(6) Applications under Act No. VIII of 1890 (Guardian & Wards Act).
(7) Cases, not being/suits or proceeding in suits under the Land Acquisition Act.
(8) All other judicial proceedings in Civil Courts not relating to or arising out of suits, appeals or the execution of a decree or order passed in a suit or appeal. This form shall be
used for the above case and for no other cases, and shall be maintained, mutatis mutandis in the same manner as the Register of Civil suits.
319
 REGISTER NO.241
(Order 27 Rule 1)

Register of Returned Documents

Signatur
e of Whethe
witness r
before certified
whom copy of
docume docume
Names nt nt was
of Name of Signatur returne submitt
parties Date Date party to e of the d and ed for
Name of Kin Descripti to or of of Signatu who person who Signatu original
Court in Numb d Name on of named Date orde actu re of docume receivin identifie re of under
Serial which er and of of documen in the when r for al officer nt g the d the official Order
Numb docume year of cas partie ts with docume docume retur retur orderin returne docume recepien making XIII, Rule Remar
er nt filed case e s date nt nt filed n n g return d nt t return 9 ks
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
320
 REGISTER NO.242
(Order 27 Rule 1)
Register of Miscellaneous Cases (Judicial) Relating to Other Cases
How instituted Dispose Off Appeal
Without trial After Full Trial
Whether Natur
originally Whethe e of ADR/ Ex-
institute r case parte/ On
d or received Other as Admission of
received by case (if given Claim/
on transfer any) to Name in the Compromise Judgment
Serial Date of remand, from Numbe which s of foot Date of / by Judgmen for Date of Date of
Numbe institutio review another r of applicatio partie note disposa Transfer/ t for defendan institutio disposa Judgmen Remark
r n or revival court case n refers s below l Otherwise plaintiff t n l t s
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

Note - Descriptive list of miscellaneous cases, judicial,-

(1) Orders rejecting or returning plaints or memoranda of appeal.
(2) Applications under Section 22 and 24 of Act No. V of 1908 to transfer a suit pending in a subordinate court.
(3) Application to an appellate court to withdraw or transfer an appeal, Sec. 24
(4) Applications under Order IX, Rule, 4 Order IX, Rule 9, Order IX, Rule 13, Order XLI, Rule 19 and Order XLI, Rule 21 for the restoration to the file of a suit or appeal dismissed on default or decreed ex-parte.
(5) Case under Section 47 and Order XXI, Rule 16 of Act No. V of 1908
(6) Inquiries under Order XXI, Rule 2 on application of judgment debtor as to payment to decree holder.
(7) Claims to and objections to the attachment of attached property under Order XXI, Rule 58 and order XXXVIII, Rule 8.
(8) Applications under Order XXI, Rule 66 by lien holders to notify their encumbrances not ascertainable through the Registrars and Collectors offices.
(9) Proceedings under Order XXI, Rule 72.
321
 (10) Applications under Order XXI, Rule 90 to 93
(11) Applications for delivery of possession under Order XXI, Rules 95 to 96.
(12) Complaints under Order XXI, Rule 97, by decree holder of purchaser of resistance to possession being given.
(13) Applications under Order XXI, Rule 100.
(14) Commissions under Order XXVI, Rule 4 for the examination of witnesses received from other courts and executed by the court.
(15) Applications under Order XXXIII, Rule 2 for permission to sue as indigent person.
(16) Applications for readmission or rehearing of an appeal, Order XLI, Rules 19 and 21.
(17) Application for leave to appeals an indigent person, Order XLIV, Rule 1
(18) Applications under Order XLVII, Rule 1 of CPC for review of judgment.
(19) Applications under Section 152 of Act NO. V of 1908.
(20) Miscellaneous criminal proceedings under Sections 195, 340, 343 and 345 (1) of Act No. II of 1973 when not arising out of suits or other cases.
(21) Uncontested applications for probates and letters of administration under Act No. XXXIX of 1925, and applications for the revocation of such
probates or letters.
(22) Applications under Sections 83 of Act No. IV of 1882 (Transfer of Property Act).
(23) All other judicial proceedings relating to or arising out of suits or other cases.
322
 REGISTER NO.243
( Order 27 Rule 1)

Register of Persons Committed to Jail

Number of
cases in Name of Grounds of
which person commitment If commitment was
commitment committed with section made under Section 55
was with of Code of of the Code of Civil
directed and description Civil Procedure amount of Date
Serial name of Date of and place Procedure judgment debt sought Term of of
Number parties commitment of abode or other law to be recovered imprisonment release Remarks
1 2 3 4 5 6 7 8 9
323
 REGISTER NO.244
(Order 27 Rule 1)

Register of Proceedings Taken in Execution of Orders Received from the High Court
Particulars of cases

Name of
Date
Date within
of which Number Before High Court in
receipt Date execution Nature of case Plaintiff Defendant first or second appeal Date of return of order
of of is of in High or or from decree or from executed or explained of
order order directed order Court appellant respondent order or in revision non-execution Remarks

1 2 3 4 5 6 7 8 9 10
324
 REGISTER NO.245
(Order 27 Rule 2)
Register of Appeals from Decrees
Decree appealed from
How instituted i.e. (1) Originally Name of
presented; (2)Received by transfer (3) Name of respondent
Remanded O.XLI, R. 23 (4) Reviewed O. applicant with with
Date of presentation XLVII, R. 4 (5) Revived O. XLI, R 19 and Number of description and description and Of what Number of Nature of
of memorandum R. 21 appeal place of abode place of abode Court original suit Suit Valuation
1 2 3 4 5 6 7 8 9

HOW DISPOSED OF
Confirmed/
Whether objection Summarily rejected/ transferred/ ADR/ Modified/
under Order XLI, Rule Dismissed for want of prosecution/ Reversed/ No. of papers
22 was preferred Dismissed in Default Remanded on the record Remarks
10 11 12 13 14

1. All Appeals when instituted in a Court shall, in the Register of that Court, receive a serial number of the year of institution, and such serial number shall, in all subsequent
entries relating to such appeal continue to be the serial number of the appeals.
325
 REGISTER NO.246
(Order 27 Rule 2)

Register of Miscellaneous Appeals

Order appealed from
How instituted i.e. (1) Originally Name of Name of
Date of presented; (2)Received by transfer applicant with respondent
presentation (3) Remanded O.XLI, R. 23 (4) description with Number
of Reviewed O. XLVII, R. 4 (5) Number of and place of description and Of what of original Nature of
memorandum Revived O. XLI, R 19 and R. 21 appeal abode place of abode Court suit Suit Valuation
1 2 3 4 5 6 7 8 9

HOW DISPOSED OF
Whether Summarily rejected/ Confirmed/
objection under transferred/ ADR/ Dismissed Modified/
Order XLI, Rule 22 for want of prosecution/ Reversed/ No. of papers
was preferred Dismissed in Default Remanded on the record Remarks
10 11 12 13 14

1. All Appeals when instituted in a Court shall, in the Register of that Court, receive a serial number of the year of institution, and such serial number shall, in all
subsequent entries relating to such appeal continue to be the serial number of the appeals.
326
 REGISTER NO.247
(Order 27 Rule 3)
Register of Revision Cases under the Gram Panchayat Act
Particulars of original case
Revision
Numb preferred by
Date of
er & - Date of Abstrac Date of Date Result Date of consignin
year Complainant Case No. Name Kin order t of requisitio of Date of of returning g the
of Date of / Accused/ Of Name of of d of under Order n for receip disposa decisio record of record to
S. Revisi presentatio Plaintiff/ Panchaya Panchaya partie cas revisio under calling of t of l of n of pancyaya record Remark
No. on n Defendant t t s e n revision record record case case t room s
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
327
 REGISTER NO.248
(Order 27 Rule 3)
Register of Revision Cases under the Rajasthan Relief of Agriculture Indebtedness Act, 1957
Particulars of original case

Opposite Date of
Applicant's Party's Abstract Result Date of consigning
name, name, Date of of the Date of Date of Date of or returning the record
parentage parentage Debt Name Order order requisition receipt disposal decision lower to the
Date of S. No. of and and Relief Case of the Kind of under under for calling of of the of the Court's record
presentation application residence residence Court No. parties case revision revision of record record case case record room Remarks
(i) (ii) (iii) (iv) (v) (vi)
1 2 3 4 5 6 7 8 9 10 11 12
328
 REGISTER NO.249
( Order 26 Rule 8, Order 27 Rule 1, Order 41 Rule 4)
Register of records requisitioned and returned

S. No. Particulars of case for which record requisitioned Number and date of the To whom
Number and Year Kind of case Title of case Date of hearing requisition letter requisition sent

1 2 3 4 5 6 7

Particulars of the record requisitioned Date of receipt of Date by which

Of what Title Kind of case Number and Date of decision/ hearing requisition record is required
Court year of case
8 9 10 11 12 13 14

Name of court Date of From whom Date of the return To whom returned Number and date of Remarks
sending for record receipt of received of the record the despatch register
the record
15 16 17 18 19 20 21
329
 REGISTER NO.250
( Order 27 Rule 4)
Process Register
Nature of
process &
Number of case Date fixed for number of
and name of Date of receipt for returned to Date fixed copies for Within 10 Outside 10
S. No. Date of issue Court parties issue Nazir for hearing service Km. radius Km. radius
1 2 3 4 5 6 7 8 9 10

Signature of
official
Amount, if any, Date of return acknowledging
Name of paid to Process of process to receipt of
process Server for Date of Unspent process the Court of return of
server Expenses service Place of service money, if any issue process Remarks
11 12 13 14 15 16 17 18

Entries shall be made in the Order in which the process are issued.
The Presiding Officer of the Court shall from time to time ascertain that the work is fairly distrusted among the peons.
330
 REGISTER NO.251
(Order 27 Rule 4)

Register of Peons (Process servers)

Number of
Number of Number of Processes not Number of
Date of return of Processes Processes not Number of Processes served Processes Any other work done by the
S. No. process to Nazir executed executed served personally personally returned unserved Process Server Remarks
1 2 3 4 5 6 7 8 9

Note- (1) A separate page shall be allotted in this register for ever process-server
(2) Entries shall be made upon the return of process-server after serving or returning without
service.
(3) At the end of the month, the several columns shall be to totalled up.
331
 REGISTER NO.252
(Order 27 Rule 4)

Despatch Register (Local)

Description
Number and Branch of paper or To whom
Date date of paper or papers addressed Acknowledgement of person receiving paper or papers Remarks
Section

1 2 3 4 5 6 7
332
 REGISTER NO.253
( Order 27 Rule 4)

Despatch Register (Postal)

Number and date Branch or Description of paper or To whom Weight of letter or Value of postage
Date of paper section papers addressed parcel stamps affixed Remarks
1 2 3 4 5 6 7 8
333
 REGISTER NO.254
(Order 27 Rule 5, Order 30 Rule 23)
Register of Orders issued to Amins
Amount received
by Amin for
incidental
expenses that is,
other than those Disposal of amount
Date of entered in the received for incidental
compliance cash register expenses
Disbursed Returned
Time Date of Numbe
Date Date of allowed Within entry in the r of
Numb Title Natur Name of delivery for time Bey register or items Am
S. er of of e of of orde of order complian allowe ond receipts of in the oun Dat Amou Dat Amou Remar
No. case case order Amin r to Amin ce d it deposits register t Date Amount e nt e nt ks
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

Note- If the order be not complied with, within the time allowed, the nature of the order passed regarding the delay should be indicated in the remarks column.
Note in red ink the extension allowed below the date initially fixed for the return of process.
334
 REGISTER NO.255
(Order 27 Rule 6)

Amin's Diary

Short memo of business done to be recorded daily and appointment

Date and removal of any temporary labour or servant to be noted Remarks
1 2 3
335
 REGISTER NO.256
(Order 27 Rule 6, Order 30 Rule 23)

Amin's Proceeding Register

Moneys
received by Disposal of the Amount
Amin for disbursed and returned
Date incidental
Number of expenses, and
Court and Titile Nature Date receipt Time Date of Date of not entered in
S. issuing Year of of of Number of of allowed for commencement report of the Cash
No. Order case Case Duty of order order Order compliance of Duty completion Register Remarks
Date Amount Date Amount Date Amount
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
336
 REGISTER NO.257
(Order 27 Rule 6, Order 30 Rule 23)

Amin's Property and Cash Register

General Entries

S. Date of Court by which ordered Number and year Number and Date of
No. receipt attachment/ issued Process of case Name of parties order for Execution Abstract of order
1 2 3 4 5 6 7

Entries regard to Property Entries regard to Cash

Name of Date of Voucher
person from payment Number and
whom into date
Description Name of reputed Particulars as to Date of Amount realised Treasury or
of Property owner immediate custody disposal realised Court Remarks
8 9 10 11 12 13 14 15 16
337
 REGISTER NO.258
(Order 27 Rule 7, Order 43 -Appendix ‗E‘)
Register of Court fees and Process fees

Date Number of case Description of Name of Court fee

and names of paper payer
On plaint or On copies On probates, certificates Other Court Total
parties
memorandum of and and letters of fees
appeal translation administration
1 2 3 4 5 6 7 8 9

Process fee
Summons of Summons to Warran Other Emergent Commiss Order of In respect of In respect Sale Poundage Other Total
notices to witnesses t of processe ioner' s attachm services of of order of fee fees
defendants or arrest s fee ent attaching sale
respondents officer
10 11 12 13 14 15 16 17 18 19 20 21 22

Inspectio Search Grand Advocate Signature of the person to Refund Remarks

n fees fees total Welfare Fund whom the paper was delivered Number and date of Nature of fees Amount
certificate refunded
23 24 25 26 27 28 29 30 31
338
 1. All court-fees, and process-fees, impressed on or affixed to the papers filed in Court, shall be entered in their appropriate columns in
this register, as soon as a paper is presented to the officer presiding in a Court or to his Munsarim with a view to having the same
brought on the record, and a note ―entered‖ shall be placed under each stamp, with the date and the initials of the official-in-charge of
this register.

2. The entries in columns 5 to 25 shall be totalled daily, weekly, monthly, quarterly and annually.

3. Commission fees, paid for the services of Amins, shall be entered in column 21, and those paid to other persons in column 15.

4. Both the ad valorem and fixed fees on plaints, memoranda of appeals and applications for review of judgment shall be entered in
column 5.

5. When sale, attachment, etc. are made by a person other than a Civil Court Amin, process-fees paid for the services of such person shall
be entered in column 13 and a note of such service shall be made in the column of remarks.

6. Particulars of stamps on copies which court-fees have been paid before issue and or, translations, certificates, probates and letters of
administration shall be entered in the register of the Court which issues the document. Stamps attached to copies after issue in order
that the copies may be filed, shall be entered in the register of the Court in which the copies are filed.

7. The entries relating to applications for copies shall be shown as one party, the particulars being obtained at the end of each day from
corresponding register. The only columns to be used for these entries will be columns 1, 8, 9 and 25.
339
 REGISTER NO.259
( Order 27 Rule 1, Order 43 Appendix-E)
Register of witnesses/ persons summoned and examined
S. Number Number of Parties Name Residence Date Date of discharge Discharge on the
No. of case of of witness of
Ordered Examined Examined After Without First day of Second Third day After the
witness arrival
to attend under O X under O X Examination Examination attendance day of of third day
personally R 2 of R 2 of attendance attendance of
under CPC of CPC attendance
Order V those other than
Rule 3 entered in those
CPC and col. no.3 entered in
present col.no.3
1 2 3 4 5 6 7 8 9 10 11 12 13 14

Not examined Rate of Details of allowances paid Total of Signature of

Remarks
and directed diet Number of Number Amount of Amount Total of pay Signature Payee Officer before whom paid
or bound over allowance days allowd for of days diet of column order of Nazir
to attend an according journey detained allowances travellin 16 &
adjourned to rules in
at court g 17
hearing force expenses
15 16 17 18 19 20 21 22 23 24 25 26
340
 REGISTER NO.260
( Order 32 Rule 2)
Register of Miscellaneous Crl. Cases
S. No. Date of Name and description of Name and description of opposite party Particulars of application
application applicant
1 2 3 4 5

Act and Section of Act, under Final order with date Particulars of any order made on appeal or Remarks
which preferred revision
6 7 8 9
341
 REGISTER NO.261
( Order 35 Rule 12)

Court of..........................................

Letter Delivery Book

Date Number of letters Address Signature of recipients
etc.
1 2 3 4
342
 REGISTER NO.262
( Order 36 Rule 1)
Register of Malkhana Articles

S. Date of Reference to Name of Owner, if By whom How Number Weight and Property To whom Date
No. receipt number and police known produced produced and Estimated released or
of title of case in station description value restored
property which received of article

1 2 3 4 5 6 7 8 9 10 11 12

Signature Attestation Date and Date and Property Date Amount Treasury Legible Legible Remarks
of time of time of sold of Sale of sale voucher Signatures Signatures of
receiver Transaction Transaction proceeds number of the the Presiding
- Removed - Placed and Assistant Officer/Officer-
date Nazir/Official in-charge
13 14 15 16 17 18 19 20 21 22 23
343
 REGISTER NO.263
(Order 37 Rule 8, Order 37 Rule 17)
Register of fines, compensation, penalties and fees
S. No. Number & year of case Title of case Particulars of offence Date of order Persons fined or order to Pay
1 2 3 4 5 6

Amount & Whether- Amount Date of warrant for Realised

A. (i) Fine to be credited to Government account. awarded as levy Date Amount
(ii) Fine to be credited to local fund account. compensation
B. Deposit or reward
C. Penalties
D. Fees.
E. Compensation etc.
7 8 9 10 11

Number of Court Number and date of Amount paid as refund Written off as irrecoverable Remarks
Receipt treasury receipt Compensation, or reward or remitted in appeal
Date Amount Date Amount
12 13 14 15 16 17 18
344
 REGISTER NO.264
(Order 43 )

Register of Complaints
S. Date of Name and Kind of Section Date ORDER OF COURTS Remarks
No. receipt of description offence and Act Complaint dismissed under Case brought Reference to
complaint of section 203, Cr. P. Code to trial number in the
complainant register of criminal
After Without
enquiry enquiry case

1 2 3 4 5 6 7 8 9 10 11
345
 REGISTER NO.265
( Order 43)
Register of Regular Criminal Cases

S. No. Date of bringing the Reference to entry (number and date) of Offence of which Name, Parentage,
case to trial or of the register of complainants or of Police cognizance was Caste, Residence
reference or transfer reports, as the case may be, to case taken, with Act, and and Age of each
number in the first court in cases referred section person brought to
or transferred trial
1 2 3 4 5

Entries of disposal
Date of Date of Died, escaped or Act and section of offence Number Class of Note of result Remarks
appearan decisio transferred to regarding which a decision of days record in appeal or
ce of n another court/ was given as to each case under revision with
each withdrawal from accused, with lasted Rule 148 date
accused prosecution abstract of order of sentence
6 7 8 9 10 11 12 13
346
 REGISTER NO.266

( Order 43)
Register of Police Reports of Offences

S. Date of receipt of Date of first Date of Name of Number and Kind of offence Section and Act Date of receipt of final
No. report in court information offence Police date of investigation report from
under section report to Station Parcha police under section
157, Cr.P.C.,1973 police 173, Cr.P.C.,1973
1 Cr.P.C.,
2 73 3 4 5 6 7 8 9

Number of days Order of the Court on Police Station Miscellaneous Remarks

during which the Date Case Case filed as Case brought Reference to number in Date of Nature of report
case remained struck off accused to trial the register of criminal receipt & abstract
under as false untraceable cases of report thereof
investigation
10 11 12 13 14 15 16 17 18
347
 REGISTER NO.267
( Order 43)
Register of Criminal Appeals

S. Date of Name and Name and Particulars of original case

No. presentation of description of description Name of Number Police Name, Date of
petition or its the appellant of the Magistrate and year station etc. of decision
receipt in the respondent of the case accused
officer
1 2 3 4 5 6 7 8 9

Abstract of Result of Appeals

sentence or Date of Date of Date of Died, Result with Number Result, Remarks
order requisition receipt of disposal of escaped or abstract of of days with date
appealed for record record appeal transferred order or appeal of order in
against to another sentence lasted revision,
court if any
10 11 12 13 14 15 16 17 18
348
 REGISTER NO.268
( Order 43)
Register of Criminal Revisions

Serial Number Date of application, if any, and of the order On whose application or behalf of the revision is
calling for record Complainant Accused
1 2 3 4

Particulars of original case Date of Date of Result of Cr. Revision Remarks

requisition receipt Died, Result of Number
for record of escaped or decision in of days
Name of Serial Police Name Date of Abstract record transferred revision with the
Magistrate Register Station etc., of order of order
to another abstract of case
number each under under
court order lasted
accused revisio revision
5 6 7 8 n
9 10 11 12 13 14
349
 REGISTER NO.269
(Order 43)
Register of Sessions Cases

Serial Date of commitment Name of District Serial register Police Name, Offence(s) Date of receipt
number or receipt on transfer Committing number (in the station parentage, for which of record from
or institution under Magistrate committing residence of each charge, the Committing
Sec. Magistrate's court) person committed sheeted Magistrate
1 345(1)
2 3 4 5 6 7 8 9

Date fixed Whether Whether Offences for Date Date of Died, Act and section of No. of days Class of Remarks
for discharge case which fixed for decision escaped or offence regarding the case record
proceedin d under S. sent charge(s) trial of case transferred which a decision was was
g under 227 Under framed under to another given as to each pending
Sec. Sec. Section court accused, with abstract
226 228(1)(b) 228(1)(b) of order of sentence
10 11 12 13 14 15 16 17 18 19 20
350
 REGISTER NO.270
(Order 45 Rule 2)

Register of Affidavits

S. No. Name of Particular Full description Signature of Full Signature of Fee charged Remarks
the s of the of the deponent the description of the identifier
Court case Deponent the Indentifier
1 2 3 4 5 6 7 8 9
351
 REGISTER NO.271
(Order 47 Rule 2)

Register of Recognised Clerks of Pleaders

S. Date of Date of entry in Name and description
No. application register of clerk Name of pleader Remarks
1 2 3 4 5 6
352
 REGISTER NO.272
(Order 48 Rule 15)

Stock Register
Name Reference to Number Reference to
Date and From number and Date of number and
of descripti Numb whom date of of pieces date of
recei on of er of receive Contingent Init dispo dispose Value Treasury
pt article places d Cost Bill ials sal d of realised voucher Initial
1 2 3 4 5 6 7 8 9 10 11 12
353
 APPENDIX
‗F‘
GENERAL RULES (CIVIL & CRIMINAL) 2017- RETURNS
S. Existing New Description Order & Rule
No. No. No.
GENERAL & CIVIL
1 1 1 Weekly certificate of check of Nazir's cash Balances Order 15 R 22
Monthly Attendance Register of subordinate Courts (at headquarters) and true copies Order 01 R 13
2 2 2 of such registers of outlying courts or Copy of the District Judge's monthly
attendance register
Monthly Statement showing the grand totals of amounts of receipts under Head 065- Order 15 R 37
3 4 3 administration of Justice Monthly statement

Quarterly list of cases in which Part C is weeded out and in which there are cumbrous Order 25 R 24
4 9 4 and bulky exhibits which have not been put up with the record of the trial
Quarterly statement of work done and of pending; (a) in Subordinate Courts; (b) In a Order 28 R 01
5 5 5 District Court; (c) In courts subordinate to a District Court Part I, Part II
quarterly statement of pending regular suits and executions stayed by orders passed Order 28 R 02
6 6 6
by High Court
Annual statement showing the number of process serving peons employed and fees Order 28 R 07
7 27 7 received for their services.

8 28 8 Annual statement showing the income and expenditure of Civil Courts Order 28 R 07

9 29 9 Annual report of Administration of Justice from District & Sessions Judge Order 28 R 03
Order 44 R 05
10 30 10 Annual confidential remarks about Subordinate Judicial Officers Order 28 R 04
Annual Return of all Landed Property Acquired or Parted with by the District Judge Order 10 R 05
11 31 11 and by all the Subordinate Judicial Officers during the Preceding Calendar Year
354
 Annual Return of the landed property held by the Judicial Officers appointed during Order 10 R 05
12 31-A 12
the proceeding calendar year.
Report of Inspection of Sub-ordinate Courts by District & Sessions Judges Order 07 R 01 No format
13 36 13

14 14 Report of Inspection of Chief Judicial Magistrate Order 07 R 02 No format

Report of Inspection by Presiding Officers of their own offices Order 07 R 03 No format
15 37 15
Report of Inspection of District & Sessions Judge's authorization to Chief Judicial Order 07 R 04 No format
16 38 16 Magistrate or Officer-in-charge for inspection of different Sections

Report of Inspection by the Reader or Senior Munsarim Order 07 R 05 No format

17 39 17

18 40 18 Report of casualty among judicial officers Order 48 R 01 No format

Transmission of a copy of register of casual leave taken by a Judicial Officer Order 48 R 07
19 42 19 subordinate to a District Judge when he is transferred to another district

20 43 20 Report of loss of key of safe Order 48 R 09 No format

CRIMINAL
21 1 21 Quarterly statement of Malkhana Articles. Order 36 R 19
Monthly statement showing demand, collection and balance of fines levied and Order 37 R 20
22 2 22 written off in the Court of…………for the month of........... 20…

Consolidated figures of collection of fines etc., shown courtwise of the judgeship………..for Order 37 R 20
23 3 23
the month of …….20…….
Monthly statement of fines pertaining to Municipal Funds Order 37 R 21
24 4 24
25 5 25 Report of a periodical return being blank Order 44 R 02
26 6 26 Sessions statement Order 44 R 03
355
 Annual statement showing the number of witnesses (including complainants) Order 44 R 04
27 14 27 examined and discharged without examination, the period of their detention and the
sum paid to them as diet and travelling expenses in the district……………

Annual statement showing the number of Sessions Judges and Magistrates employed Order 44 R 05
28 17 28 to dispose of criminal work in the judgeship
29 21 29 Annual Criminal Report from District Magistrate Order 44 R 07
Other Administrative Returns not provided in the Rules

STATEMENT IN WHICH PERIODICALLY EXAMINATION OF UNDER –TRIAL PRISONERS IS REQUIRED BY

AR-1 THE MEDICAL OFFICER AS PROVIDED IN SECTION 39 OF MENTAL HEALTH ACT FOR THE …….. HALF
YEAR ENDING ……….
STATEMENT IN WHICH UNDER TRIAL PRISONERS IS IN CUSTODY FOR MORE THAN THE MAXIMUM
AR-2 PERIOD OF IMPRISONMENT PRESCRIBED FOR THE OFFENCE (OTHER THAN LIFE IMPRISONMENT/
DEATH PENALTY) REQUIRED EXAMINATION BY THE MEDICAL OFFICER TO CONSIDER DISCHARGE AS
PER SECTION 40 OF MENTAL HEALTH ACT FOR THE……… HALF YEAR ENDING……….

STATEMENT SHOWING THE CASES UNDER THE PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC
AR-3 TECHNIQUES (PROHIBITION OF SEX SELECTION) ACT 1994 AT THE STAGE OF TRIAL WITHOUT
FRAMING CHARGES BY CONCERNED TRIAL COURTS
AR-4
STATEMENT SHOWING PROGRESS OF CASES OF UNDER TRIAL PRISONERS ... Month ... Year
AR-5
MONTHLY STATEMENT OF PERSONS IN JUDICIAL CUSTODY Year ......

STATEMENT IN WHICH UNDER TRIAL PRISONERS RELEASED IN ACCORDANCE WITH SUB SECTION
AR-6
(1) OF SECTION 330 OF CODE OF CRIMINAL PROCEDURE, IF THEY HAVE COMPLETED FIVE OR MORE
YEARS AS INPATIENT FOR THE………. HALF YEAR ENDING ………

STATEMENT OF PERIODICAL EXAMINATION OF UNDER TRIAL PRISONERS (CHARGED WITH GRAVE

AR-7 OFFENCES IN WHICH LIFE IMPRISONMENT OF DEATH PENALTY IS PUNISHMENT) ABOUT THEIR
FITNESS FOR TRIAL

AR-8 Statement showing progress report of pending cases against sitting MP & MLA u/s 8(1) , 8(2), 8(3) of
Representation of People Act, 1951 for the month of ……………..year………….
356
 AR-9
Statement showing P/I/D/B of cases related to Woman Atrocities for the month of ...... Year .....
AR-10
Statement showing P/I/D/B of cases related to PCPNDT Act for the month of .... Year .....
Statement showing P/I/D/B of cases related to SC/ST (Servarnon Dwara Atyachar) for the month ....
AR-11
Year ....

AR-12 Consolidated Statement showing Pending, Institution, Disposal & Balance of Cases in Juvenile Justice
Board for the month of .... Year ......
Monthly Statement regarding disposal of Embezzlement Cases against the Govt. Servants for the
AR-13
month of ... Year ....
AR-14
Consolidated Statement showing P/I/D/B of cases for the month of …………………….
AR-15 Quarterly statement of Civil & Criminal Cases
AR-16
Monthly Statement regarding pending cases of PCPNDT Act for the month of ... Year ...
……………..Quarterly Statement of Institution, Disposal & Pendency of Criminal & Civil Cases as
AR-17
on……………………
Consolidated Statement Showing Civil and Criminal Cases in …………………………………as
AR-18
on………………………………..
AR-19
STATEMENT SHOWING THE YEARWISE BREAKUP OF THE PENDING CASES
Consolidated Statement Showing Civil and Criminal Cases in ………………….Judgeship as
AR-20
on……………………..
AR-21 Quarterly Statement of NDPS Act, 1985 of Judgeship
357
 RETURN NO.1
(Order 15 Rule 22)

Weekly Certificate of Check of Nazir's Cash Balances

"I certify that I have personally examined the registers and counted the cash balance in the hands of the Receiving Officer and have found
the same to be correct"
358
 RETURN NO.2
(Order 1 Rule 13)
Monthly Attendance Register of Subordinate Courts (at Head quarters) and True Copies of such Registers of Outlying Courts
or
Copy of the District Judge's Monthly Attendance Register
Date Signature with time of arrival If court sitting time not observed as per rules, then details thereof Remarks
with reason in brief
359
360

1
Court
Name of
Sale proceeds of unclaimed and

2
escheated property

Court fees realized in Cash

3
General fees, fines and

4
forfeitures

Miscellaneous fees and fines

5
Miscellaneous

6
7 Recoveries of over payments

Collection of payments for

8

service rendered
9
10
11
RETURN NO.3
(Order 15 Rule 37)

Head of Revenue Receipts

12
13
14
15
Monthly Statement Showing the Grand Totals of Amounts of Receipts under Head 065-Administration of Justice

16
 RETURN NO.4
(Order 25 Rule 24)

Quarterly List of Cases in which Part C is Weeded Out and in which there are Cumbrous and Bulky Exhibits which have not been put up with the
Record of the Trial

S. No. Name of Number and year of the Date of Names of Parties Names of Pleaders Number and Name and address of the person Remarks
Court case decision description of by whom produced
exhibits
1 2 3 4 5 6 7 8 9
361
 RETURN NO.5 (PART-I)
(Order 28 Rule 1)
Quarterly Statement of Work Done in the Court of-
Statement of work of Shri …............................................................................................ for the quarter of ............................................................................................................................. 20… .
Working days in the quarter calculated as under:-
Number of days in the quarter................................................................................................ ......................
Less;
Sunday, Second Saturdays and holidays ….....................................................................................
Leave days …........................................................................................................... ........................
Saturday reserved for execution …............................................................................................ ......
and Miscellaneous cases …........................................................................ ......................................
For other reasons to be stated …............................................................................................. .........

Balance of working days for judicial work

(Except execution and Miscellaneous)

Work done according to the standard *Number of cases Number of

fixed decided working days for
which credit is due
Criminal:
1. Murder Cases …................... ….......................
2. Culpable homicide, riot and dacoity cases ….................... …........................
3. Other Sessions cases …....................... ….........................
4. Section 75, IPC Cases ….................... ….........................
5. Represented Appeal etc. …....................... ….........................
6. Jail Appeals or Revisions …......................... …........................
7. Cases in which accused are discharged, …......................... …........................
proceedings under section 228 Cr.P.C.
8. Long Sessions cases …...................... ….......................
9. Summary trials where there is a plea of guilty …....................... …......................
10. Other summary trials ….................... …........................
11. Summons cases where there is a plea of guilty …....................... ….......................
12. Other summons cases …......................... ….......................
13. Warrant cases where there is a plea of guilty …......................... …......................
14. Other warrant cases …......................... ….......................
(a) not involving riot …......................... …........................
362
 (b) involving riot ….......................... ….......................
15. Cases compromised after evidence ….......................... ….....................
16. Warrant cases where the accused ….......................... ….....................
is/are discharged-
(a) filed on complaint ….......................... ….....................
(b) filed on police report ….......................... ….....................
17. Criminal miscellaneous cases ….......................... …......................
18. (a) Cases dismissed under Section 203 Cr.PC …......................... ….....................
(b) Final reports …......................... …....................
19. Bail applications …......................... …....................

CIVIL
1. Regular suits upto Rs.5,000/- …..................... …..................
2. Regular suits from Rs. 5,001/- to Rs.10,000/- …..................... ….................
3. Regular suits above is Rs. 10,000/- to Rs.20,000/- …..................... …..................
4. Regular suits above Rs. 20,000/- …..................... …....................
5. Suits decreed ex parte ….................... …....................
6. Long Civil suits …..................... …...................
7. Suits disposed of by compromise …..................... …...................
8. Money suits in which the only contest …....................... …...................
is with regard to rate of interest or installments
9. Small Causes Courts Suits: …......................... …....................
(a) after-trial …......................... …....................
(b) otherwise …......................... …....................
10. Original suits cognizable by District …......................... …....................
Judges not coming in the above categories
11. Land Acquisition Cases …......................... …....................
12. Probate cases …......................... …....................
13. Election Petitions
14. Regular appeals in Suits decided after-trial …........................... …....................
15. All other appeals …........................... …...................
16. Revisions …........................... …...................
17. Civil Miscellaneous …........................... …...................
363
 RETURN NO.5 (PART-II)
(Order 28 Rule 1)
Quarterly Statement of Work Done in the Court of …........
Statement for the Quarter of …...........
Name of the Presiding Officer …...........
Kind of cases Before the Court during the quarter Disposed of during the Pending at the end of the quarter
quarter
Pending from Instituted Received by Total After full Otherwise By Total Below Over six months but below one Over one year but below Over 3 years Total Remarks
the last month of during the transfer or trial transfer six year one year
the previous quarter otherwise month
quarter s
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Sessions Trials:-
(a) Murder Cases
(b) Culpable Homicide, Riot and
Dacoity Cases
(c) Other Session Cases
Criminal Appeals
Criminal Revisions
Criminal Miscellaneous
Magistrate's Cases:
1. Summary Trials
2. Summons Cases
3. Warrant Cases
4. Inquiry in commitment
Cases Originals:
(a) Civil Suits
(b) Small Causes
Civil Appeals:
(a) Regular
(b) Miscellaneous
Execution Cases:
(a) Civil
(b) Small Causes
Miscellaneous Cases:
(a) Civil
(b) Small Causes
364
 RETURN NO.6
(Order 28 Rule 2)

Quarterly List of Pending Regular Suits and Execution Stayed by Orders Passed by the High Court

S. No. Nature of Case (Regular Number and year of case Name of parties Date of Institution Number and date of Number and year of High Remarks
Suit/ Execution) High Court Stay Order Court Appeal in which Stay
Order Passed
1 2 3 4 5 6 7 8
x

x- Regular suits shall be shown first, thereafter execution cases be mentioned.

365
 RETURN NO.7
(Order 28 Rule 7)
77)
Annual Statement Showing the Number of Process Serving Peons Employed and Fee Received for their Services

Officer in Number Number of process Fees paid for Gross Refunds Net Salaries of
charge of of served fees fees
Process process Aggregate Average Summonses or notices Arrests Other Emergent realised realised Nazir and Process Total Remarks
office servers per peon On defendant Process service staff servers
employed On
and witness including
Chaprasies
respondents

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
366
 RETURN NO.8
(Order 28 Rule 7)
77)
Annual Statement Showing the Income and Expenditure of Courts

Name INCOME EXPENDITURE Total Gain to Loss to Remarks

of Net Duty Fine Fees Net Process Receip Total Salaries of officers Process Amin Judicial Governm Government
Presidin value and s for fee ts and their serving establish record ent
g of penalt emplo Oth Judicial under establishment staff establishm ment fund
Officer Court ies on yment er
and record other and salaries of the ent
fee instru of fees fund budget District and Sessions
Class of Stamps ments Amin heads Judge and their
Court (exclusi not s subordinates who
ve of duly are employed on the
those stampe Criminal as well as
used to d the Civil side, being
denote entered
Process
fees)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
367
 RETURN NO.9
(Order 28 Rule 3) (Order 44 Rule 5)

Annual Report of Administrative of Justice by District & Sessions Judge …………………. District

Annual report should be based on following points-

(1) Important Variation in Number and Class of Cases (All category)
(2) Important variation in disposal of cases inordinate delay in individual court
(3) Unusual detention of witnesses should be explained
(4) Status of realization of fine and other dues
(5) Position of payment of witnesses expenses
(6) Important civil execution cases
(7) Any considerable rise or fall in the number of cases of any category
(8) Status of record Weeding, accommodation of Courts, working of Oath Commissioners, Petition Writers, Inspection of
Courts and Offices
(9) Recommendation for new courts, if any, etc. (with justification & infrastructure facilities available for such new courts)
(10) The above reference and reports should be numbered in separate paras, in brief as possible.
368
 RETURN NO.10
(Order 28 Rule 4)
Annual Confidential Remarks about Subordinate Judicial Officers
Name of officer …..................................................
Designation …........................................................
Year ….......................... of …........... Report …......
(The report should comment generally on the way in which the officer has carried out his various duties during the year and should give an estimate of his personality, character and abilities. It should
cover the points noted below and should also express an opinion on any point specially required at any particular time e.g. faintness to pass an efficiency bar, and in the case to officers who are senior enough to
be considered for such posts, fitness to hold the post of an Additional District and Sessions Judge or the post of a District and Sessions Judge, as the case may be).
1. Integrity of the Officer.
2. If (whether) he is fair and impartial in dealing with the public and the Bar ?
3. If (whether) he is cool-minded and does not show temper in Court ?
4. His private character, if such as to lower him in the estimation of the public and adversely affect the discharge of his official duties.
5. Capacity to handle files systematically ?
6. Whether judgments on facts and law are, on the whole, sound, well reasoned and expressed in good language ?
7. Whether the disposal of work is adequate ?
8. Control over the office, and administrative capacity and tact.
9. Capacity to control the proceedings in Court with fitness and follow the procedure prescribed by law.
10. Relations with the Bar.
11. General remarks.
Integrity Certificate
Nothing has come to may knowledge which casts any reflection on the integrity of Shri …........................................................................
His general reputation for honesty is good and I certify his integrity.
District and Sessions Judge
….......................................
For use in the High Court
Work done : Work days = Institution Disposal
Standard Below Standard % No remarks
Judgments noticed by
H.C. =
S.C. =
Remarks by the Hon'ble Administrative Judge
Remarks by the Hon'ble chief Justice
369
 (FORMAT)
CONFIDENTIAL REPORT OF THE JUDICIAL
OFFICER
Report for the year / period
PERSONAL DATA
PART-I
1 Name of Officer (To be filled by the Officer himself)

2 Present Post/ Designation

3 Date of Last Promotion

4 Present Station (since When)

5 Period of leave on account of

(a) Medical Ground

(b) Personal Reason

(c) Other Reasons

6 Total number of cases disposed of (After full trial)

Civil Criminal
(1) Main Cases

(2) Miscellaneous Cases

(3) Total number of witness examined –

(i) Civil

(ii) Criminal
370
 (iii) Appeals/ Revision

7 No.of working days Percentage of work done.

8 If the target has not been achieved, reason thereof.

9 Please specify the total number of pending cases in your Court Yearwise and categorywise and total
number of cases disposed of during the year (yearwise and categorywise). Please

indicate if any important and complicated case was decided by you during the year giving gist of law
involved and decision thereon. Please also indicate the result of the higher Court in respect of any
judgment, order passed by you.

10 State within how many days after concluding of arguments you normally deliver the judgments
(State with reasons, instances where judgments are not delivered with promptitude and within
prescribed time).

11 Whether you have inspected the Office once in a year as required under the Rules and if so state
briefly the defects found and remedial measures taken. Please also indicate if there is any
improvement after inspection?

12 Please indicate if your Court and Office were inspected by District and Sessions Judge/ Chief Judicial
Magistrate and if so, briefly state the defects found and remedial measures taken.

13 Are you punctual in attending Court ?

371
 14 Is there any audit objection pending, if so, since when and what measures you have taken to meet
the said objection?

15 If you are Nazarat Officer Incharge Please indicate the percentage of personal service of process by
the Process Server. IF it is low, what steps you have taken to increase such personal service. Do you
periodically verify the cash in hand with the Nazir and, if so indicate the cash in hand with the Nazir
on the date of writing this report.

16 Please state whether records are sent to the Records Room timely as required under rules
indicating the last date on which records were sent.

17 If you are In-charge of Copying Department, please indicate whether periodically you check the
relevant Register and last date of such verification. Please indicate whether copies are made ready
serially according to the date of application for such copy.

18 If you are In-charge of Record Section please indicate whether records are destroyed timely as
required by the Civil Rules and Orders giving the last date when such records were destroyed at the
time of writing of this report.

19 Performance in implementation of Legal Aid Programme.

372
 PART-II
(To be filled by the Reporting Authority)
Name of Officer …………………
Designation .……………….
Year of Report ..………………

1 Integrity of the Officer

2 If he is fair and impartial in dealing with the public

and Bar.

3 If he is cool-minded and does not show tempter in

court.

4 His private character, if such as to lower him in

the estimation of the public and adversely affected
the discharge of his officials duties.

5 Capacity of handle files systematically.

6 Whether judgments on facts and law are, on the

whole, sound, well reasoned and expressed in
good language?

7 Whether the disposal of work is adequate ?

8 Control over the office and administrative

capacity and tact.

9 Capacity to control the proceedings in court with

firmness and follow the procedure prescribed by law
373
 (To be tick marked one of the five heads and initialed)

10. General Remarks

(i) Outstanding (ii) Very Good (iii) Good (iv) Average (v) Below Average

INTEGRITY CERTIFICATE
Nothing has come to my knowledge which casts any reflection on the integrity of Shri………………………...........................................................................................
His general reputation for honesty is good and I certify his integrity.

District & Session Judge

FOR USE IN THE HIGH COURT
Institution Disposal
Work done Work days - %
Standard Below Standard No Remarks
Judgments noticed by -
H.C. -
S.C. -

REMARKS BY THE HON'BLE INSPECTING JUDGE:

(i) Outstanding (ii) Very Good (iii) Good (iv) Average (v) Below Average

REMARKS BY THE HON’BLE ADMINISTRATIVE JUDGE :

REMARKS BY THE HON’BLE CHIEF JUSTICE.

374
 RETURN NO.11
(Order 10 Rule 5)
Annual Return of the Landed Property held by the Judicial Officers
Appointed during the Preceding Calendar Year
For all officer/employees of the State Services. (This shall be clearly filled up and signed by each of the year …..... Officer/employee of the concerning State service and shall be sent to
the Reporting Officer for enclosing it with report).
1. Full Name
2. Name of father/husband
3. Name of the Service
4. Date of birth
5. Name of the relatives who are in State Services.
S. No. Name Relations Post on which servicing Department
1
2
3
Etc.
6. Name of the sons/daughters, or dependents. If any, those who are serving in such a private firm with whom the officer has connections with regard to State affairs or serving in such
other firms who have connections with the State as well as the State affairs.
[According to Rule 5 of the Rajasthan Civil Services (Conduct) Rules, 1971].
Name Relation Name of the firm Post on which serving

7. Detailed report of the immovable property of the Officer or of any member of as family :-
Name Details of Property Situated at Estimated value Date and mode of
acquire or transfer

Signature of the Officer/employee

Name..............................................
Post.................................................
Date................................................
375
 RETURN NO.12
(Order 10 Rule 5)
Annual Return of all Landed Property Acquired or Parted with by the District Judge and by all the Subordinate Judicial Officers during the Preceding Calendar Year

Na Appoint Village or Town, Area in acres (in case of Revenue Estimated Whether acquired How acquired or From whom acquired Rema
me ment Tehsil and District agricultural land) or square yards assessed value or parted with parted with or parted with rks
1 2 3 4 5 6 7 8 9 10
376
 RETURN NO.19
(Order 48 Rule 7)

Transmission of a copy of Register of Casual Leave of a Judicial Officer Subordinate to a District Judge
when he is Transferred to another District

S. No. Name of the Leave taken during the year Remarks

Officer 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
377
 RETURN NO.21
(Order 36 Rule 19)
………………Quarterly Statement of Malkhana
articles of the Court of……………………….
Total No. of cases in which Malkhana articles have
been

No. of cases in which No. of cases in which

Malkhana articles were Malkhana articles Disposed of or given in
Serial pending at the close of were deposited during Total No. of Disposed of u/s. 452, Cr. custody u/s 451/457 Total No. of cases
No. the last quarter the quarter cases(cols. 2 & 3) P. C 1973 Cr. P. C, 1973 (Cols. Nos. 5 & 6)
1 2 3 4 5 6 7

Break up of the cases in which Malkhana articles were pending at the close of
the quarter. Cases pending in

Brief reasons for not

disposing the Malkhana
Appellate Number of articles of the cases Comments of the
Court Trial Court Cases finally decided disposable articles mentioned in Col. 11 Remarks if any Sessions Judge
8 9 10 10 12 13 14
378
 RETURN NO.22
(Order 37 Rule 20)
Monthly statement showing demand, collection and balance of fines levied and written off in the Court of….. For the month of…20 ……
Fine credited into Treasury during the month
Total
Fine amount
imposed Particulars Amount of of each
during Tender/Challan (Case NO. each fine Challan/
the NO./ eGrass & name of etc. Tender/
Balance recoverable at the Beginning of the month month Total Date No. parties) (Partywise) eGrass
1 2 3 4 5 6 7 8

Balance
recoverable at
Fine the close of the
Fine written off remitted Total month Remarks
9 10 11 12 13
379
 RETURN NO.23
(Order 37 Rule 20)
Consolidated figures of collection of fines etc., shown courtwise of the judgeship………..for the
month of …….20…….

Particulars (Case Amount of each Total amount of each

Tender/eGrass/ No. & name of fine etc. Challan/eGrass
Date Challan No. parties) (Partywise) Tender Remarks
1 2 3 4 5 6

Sessions Judge/District Magistrate

380
 RETURN NO.24
(Order 37Rule 21)

Monthly statement of fines pertaining to Municipal Fund

Number No. and Date
and Title Date of Amount Head to of Treasury
Serial year of of Date of realisation of fine which Voucher/ e-
No. case case decision of fine realised credited grass Remarks
1 2 3 4 5 6 7 8 9

Signature……………………………….
Designation…………………………
381
 RETURN NO.25
(Order 44 Rule 2)

Report of a periodical return being blank

To
The……………………………………
(Here enter name of return)

Prescribed date of submission

Actual date of submission
Received by
Submitted to High Court
Received by High Court
The return noted above is blank

Magistrate/ Sessions Judge

382
 RETURN NO.26
(Order 44 Rule 3)
Sessions Statement
Mode of Institution Mode of Disposal
Transferred
Instituted Received by Received by to another Transferred Dispose Dispose
Number (otherwise transfer from transfer from a Died court in the to a court off u/s Off U/s Dispose
and year than by another court in court in and same in another 227 228 Off after
S. No. of case Title of case transfer) the same district another district escaped district district Cr.PC Cr.P.C. full trial
1 2 3 4 5 6 7 8 9 10 11 12

Abstract of final Stage at Reasons for

order and which the delay, if any,
particulars of case in the progress
sentence imposed stands of the trial Remarks
13 14 15 16

Notes-
(1) Cases are to be entered in this statement in the order of their dates of institution.
(2) In column no.14, specify whether the case is pending at the stage before charge / PE/313 Cr.PC/DE/Final arguments/ other interlocutory orders.
(3) The statement shall bear the following certificate, viz., certified that the statement contains a full and correct list of the cases disposed of during the quarter as well as those
pending at the close of the quarter.
383
 RETURN NO.27
(Order 44 Rule 4)
Annual statement showing the number of witnesses (including complainants) examined and discharged without
examination, the period of their detention and sum paid to them as diet and travelling expenses in the district
of………during the year 20………

Number of
Class of tribunal and witnesses Number of witnesses Total of
name of Presiding discharged after discharged without columns 2 & Percentage of column 2
Officer examination examination 3 to column 4
1 2 3 4 5

Number of witnesses discharged after or without examination Expenses paid

Number of witnesses
not examined on Number of Percentage
attendance and witnesses to of column
After third directed to attend on whom payment Amount 12 to
On first day On second day On third day day adjourned hearing were made paid column 13 Remarks
6 7 8 9 10 11 12 13 14

Date………… Signature……………
Designation………
384
 RETURN NO.28
(Order 44 Rule 5)
Annual statement showing the number of Judicial Officers posted in the Judgeship …………… for the year 20…..

Number of Chief Judicial

Magistrates and Additional Chief Number of Chief Judicial
Number of Sessions and Additional Number of Sessions and Additional Number of District and Additional Judicial Magistrates who did both Magistrates and Additional Chief
Sessions Judges who did both civil and Sessions Judges who did only criminal District Judges who did only Civil civil and criminal work during the Judicial Magistrates who did only
criminal work during the year work during the year work during the year year criminal work during the year

Sanctioned post Working Sanctioned post Working Sanctioned post Working Sanctioned post Working Sanctioned post Working
1 2 3 4 5 6 7 8 9 10

Number of Judicial Magistrates/

Number of Sr. Civil Judge and Addl. Civil Judges who did both civil Number of Judicial Magistrates who
Sr. Civil Judge who did only Civil (excluding revenue) and criminal did only criminal work during the Number of Civil Judge/ Addl. Civil Judge
Work during the year work during the year year who did only Civil work during the year Total

Sanctioned post Working Sanctioned post Working Sanctioned post Working Sanctioned post Working Sanctioned post Working Vacant
11 12 13 14 15 16 17 18 19 20 21
385
 RETURN NO.29
(Order 44 Rule 7)

Annual Criminal Report from

District Magistrate ………………………. District

The Following are the points on which notes should be recorded :-

Officer-in-Charge of District during the year .

Returns of the incidence of complaints and applications pertaining to the security for keeping peace and good behavior maintenance of public order and tranquility and other
preventive actions.
Results of such preventive proceedings.
Duration of such preventive actions and proceedings.

Proceedings under Criminal Procedure Code, 1973, under section 98, 107, 108, 109, 110, 133 and 145.
Witnesses : (a) Detention of.
(b) Examination of
(c) Payment of diet allowance to
General Points not dealt within proceeding Paragraphs, may be here noticed)
386
 AR-1
PROFORMA- I

STATEMENT IN WHICH PERIODICALLY EXAMINATION OF UNDER –TRIAL PRISONERS IS REQUIRED BY THE MEDICAL OFFICER AS
PROVIDED IN SECTION 39 OF MENTAL HEALTH ACT
FOR THE …….. HALF YEAR ENDING ……….

THE DATE DATE OF

NAME OF THE OF ADMISSI DATE OF
DATE OF
CASE UTP WHICH IS COMING NAME OF ON IN RECEIPT
SR. NO. PERIODICAL REMARKS
NO./TITLE OF UNSOUND INTO JAIL NURSING OF
EXAMINATION
MIND/LUNATIC JUDICIAL HOME/H REPORT
CUSTODY OSPITAL
387
 AR-2
PROFORMA –II

STATEMENT IN WHICH UNDER TRIAL PRISONERS IS IN CUSTODY FOR MORE THAN THE MAXIMUM PERIOD OF IMPRISONMENT PRESCRIBED FOR THE OFFENCE (OTHER THAN LIFE
IMPRISONMENT/ DEATH PENALTY) REQUIRED EXAMINATION BY THE MEDICAL OFFICER TO CONSIDER DISCHARGE AS PER SECTION 40 OF MENTAL HEALTH ACT

FOR THE……… HALF YEAR ENDING……….

OFFENCE FOR WHICH

NAME OF THE
PUNISHED U/S WITH THE DATE OF WHETHER PRISONER
CASE UTP WHICH IS DATE ADMISSION DATE OF PERIODICAL DATE OF
MAXIMUM COMING INTO HAVE PASSED MORE
SR. NO. NO./ UNSOUND IN NURSING EXAMINATION AS RECEIPT OF REMARKS
PUNISHMENT JUDICIAL TIME THAN HIS
TITLE MIND/ HOME/ HOSPITAL REQUIRED U/S 40 REPORT
PERMISSABLE FOR CUSTODY PUNISHMENT
LUNATIC
THE OFFENCE

1
388
 AR-3
PROFORMA –II – FOR REVISIONAL COURT

STATEMENT SHOWING THE CASES UNDER THE PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX SELECTION) ACT 1994 AT THE STAGE OF TRIAL WITHOUT
FRAMING CHARGES BY CONCERNED TRIAL COURTS

DATE OF
DATE OF INSTITUTION STAY GRANTED OR NOT
NAME OF ORIGINAL RECORD CALLED REASON FOR PENDENCY OF
SR. NO. IN TRANSFERRED ON PROCEEDINGS OF REMARKS
THE COURT INSTITUTION FOR OR NOT REVISION
(PRESENT) COURT TRIAL COURT
OF REVISION

1
389
 AR-4
STATEMENT SHOWING PROGRESS OF CASES OF UNDER TRIAL PRISONERS
Name of Judgeship:- …………………….,
Month ………. Year ………..

NO.OF SUCH
NO.OF CASES PENDING AT THE BEGINNING OF NO.OF SUCH CASES
NAME OF CASES DISPOSED
SR. NO. THE MONTH IN WHICH ACCUSED ARE IN PENDING AT THE END OF REASONS FOR DELAY
THE COURT OF DURING THE
JUDICIAL CUSTODY FOR MORE THAN 10 YEARS THE MONTH
MONTH

1
390
 AR-5
MONTHLY STATEMENT OF PERSONS IN JUDICIAL CUSTODY

NAME OF JUDGESHIP ……….. NAME OF COURT ………………………. YEAR …….

WHETHER APPLIED IF APPLIED DATE WHETHER

FOR BAIL OR NOT? OF REJECTION OF ENTITLED TO BAIL
FIR NO. CRIMINAL SECTION OF BAIL U/S 436A OF
SR. NAME OF DATE OF DATE OF STAGE OF THE
WITH POLICE CASES THE CR.P.C. IF YES,
NO. THE COURT ARREST COGNIZANCE CASE
STATION NUMBER OFFENCE WHAT MEASURES
HAVE BEEN TAKEN
BY THE COURT

1
391
 AR-6
PROFORMA –III

STATEMENT IN WHICH UNDER TRIAL PRISONERS RELEASED IN ACCORDANCE WITH SUB SECTION (1) OF SECTION 330 OF CODE OF CRIMINAL PROCEDURE, IF THEY HAVE COMPLETED FIVE OR
MORE YEARS AS INPATIENT

FOR THE………. HALF YEAR ENDING ……….

OFFENCE FOR
WHICH
NAME OF UTP PUNISHED U/S
THE DATE OF DATE OF
WHICH IS WITH DATE OF
CASE COMING INTO ADMISSION IN
SR. NO. UNSOUND MAXIMUM RELEASE U/S REMARKS
NO./TITLE JUDICIAL NURSING
MIND/ PUNISHMENT 330 (1) OF CPC
CUSTODY HOME/HOSPITAL
LUNATIC PERMISSIBLE
FOR THE
OFFENCE
1
392
 AR-7
PROFORMA –IV

STATEMENT OF PERIODICAL EXAMINATION OF UNDER TRIAL PRISONERS (CHARGED WITH GRAVE OFFENCES IN WHICH LIFE IMPRISONMENT OF DEATH PENALTY IS PUNISHMENT) ABOUT
THEIR FITNESS FOR TRIAL

FOR THE ………HALF YEAR ENDING………

THE DATE OF
NAME OF UTP OFFENCE DATE OF DATE OF
COMING REPORT OF
CASE NO./ WHICH IS FOR WHICH ADMISSION IN EXAMINATION
SR. NO. INTO MEDICAL REMARKS
TITLE UNSOUND PUNISHED NURSING OF MEDICAL
JUDICIAL OFFICER
MIND/LUNATIC U/S HOME/HOSPITAL OFFICER
CUSTODY

1
393
 AR-8
…………….JUDGESHIP

Statement showing progress report of pending cases against sitting MP & MLA u/s 8(1) , 8(2), 8(3) of Representation of People Act, 1951 for the month of ……………..year………….

Sr. Case Name of Special reason of

Name of Court Offence Date of Institution Latest Status
No. No. MLA/MP adjournment, if granted
394
 AR-9
……………….JUDGESHIP

Statement showing P/I/D/B of cases related to Woman Atrocities

for the month of …………………year……….

S.No. Name of Court Pending Institution Disposal Balance

395
 AR-10
……………….JUDGESHIP

Statement showing P/I/D/B of cases related to PCPNDT Act

for the month of …………………year……….

S.No. Name of Court Pending Institution Disposal Balance

396
 AR-11
……………….JUDGESHIP

Statement showing P/I/D/B of cases related to SC/ST (Servarnon Dwara Atyachar)

for the month of ……………year……..

S.No. Name of Court Pending Institution Disposal Balance

397
 AR-12
……………….JUDGESHIP

Consolidated Statement showing Pending, Institution, Disposal & Balance of Cases in

Juvenile Justice Board for the Month of………...Year………

Case Type Pending Institution Disposal Cases at the close of the

month
Criminal Regular
Criminal Miscellaneous
Total
398
 AR-13

Monthly Statement regarding disposal of Embezzlement Cases against the Govt. Servants for the
Month of ……….year………
S. Name of Court Pendency from Instituted in Disposal Case in this Balance of the Cases Remark
No. last Month this Month Month at the end of this
Month

1 2 3 4 5 6 7
399
 AR-14

Consolidated Statement showing P/I/D/B of cases for the month of …………………….

Sr. Name of Court Type of Cases P I D B
No.
1 Sessions Cases
Special Act Cases
Criminal Appeal
Criminal Revision
Criminal Misc. Cases
Civil Suits
Civil Regular Appeal
Civil Misc. Appeal
Civil Misc. Cases
Civil Execution
Appeal Rent Control
DRA Revision
Complaints
F.R.
Total
400
 AR-15
Quarterly statement of Civil & Criminal Cases
……………….Judgeship ………….Quarter 20…..
………….To……………….

(A) Criminal Cases

Pending from Institution Disposal Pending at the
S.N. Kind of Cases last during the During the End of the
Quarter Quarter Quarter Quarter
1 Session Cases
2 Criminal Appeal
3 Criminal Revision
4 Criminal Original
5 Criminal Misc. Cases
6 Total

(B) Civil Cases

Pending Institution Disposal Pending at

S.No. Kind of Cases From last during the During the The end of the
Quarter Quarter Quarter Quarter
1 Civil Suits
2 Civil Appeals
3 Civil Revisions
4 Civil Misc. Cases
5 Civil Execution
6 Small Causes Case
7 Debt. Relief Cases
8 Total
Grand Total (A+B)
401
 AR-16
Monthly Statement regarding pending cases of PCPNDT Act for the
Month of ……….year………
S. Name of Particular Original Present Date Date of Reasons of Details of Next Approx. Remarks
No. Court of case no. Institution Stage of from Framing not framing Revision hearing time to
& date of on Date the Case which charges charges in etc. By date disposal
Institution pending time and which
for whether proceedings
framing extension for are stayed,
charges time sought if any
for from
Hon’ble High
Court in
compliance
of order
1 2 3 4 5 6 7 8 9 10 11 12
402
 AR-17
……………..Quarterly Statement of Institution, Disposal & Pendency of Criminal & Civil Cases as on……………………

Criminal Cases Civil Cases

Institution Disposal Opening
S.No Opening Pendency at Institution Disposal
Name of Courts from from Bal. as Pendency at the
. Bal. as the end from………… from ………..
………to ……….to… on……… end of……………
on… of………….. To…………. To……………
....... ……. …..
403
 AR-18
Consolidated Statement Showing Civil and Criminal Cases in …………………………………as on………………………………..

Format –II

S. Name Civil Cases Criminal Cases

NO. of the Upto More More More More More More Total Upto More More More More More More Total
Courts 1 than 1 than than than than than Pendency 1 than than than than than than Pendency
year year 2 5 10 15 20 year 1 2 5 10 15 20
and year year year year year year year year year year year
Less and and and and and and and and and
than 2 Less Less Less Less Less Less Less Less Less
year than than than than than than than than than
5 10 15 20 2 5 10 15 20
year year year year year year year year year
1

Total Civil Cases ……………………..

Total Criminal cases …………………………..
Grand Total …………………………….
404
 AR-19
Format No. III

STATEMENT SHOWING THE YEARWISE BREAKUP OF THE PENDING CASES

IN THE CJM/JM Courts in Judgeship as on ……………….
Kind of Cases Yearwise cases pending at the end of the Quarter
…… …… …… …… …… …… …… …… …… …… …… …… …… …… …… …… …… …… …… …… …… …… …… …… …… …… …… 2015 2016 2017 Total
………..
………….
………….
………..
Total of Criminal Cases
………..
………..
………..
………..
………..
………..
Total of Civil Cases

Grand Total
Note- Include the kind of cases concerned as per Return no. 5 in your court

Total Civil Cases ……………………..

Total Criminal Cases…………………………..
Grand Total …………………………….
405
 AR-20
Consolidated Statement Showing Civil and Criminal Cases in ………………….Judgeship as on……………………..

FORMAT –IV

S. No. Name of the Courts Civil Cases Criminal Cases

Upto 1 More than 1 year More than 2 More than Total Upto 1 year More than 1 More than 2 More than 5 Total
year and Less than 2 years and Less 5 year Pendency year and Less years and year Pendency
year than 5 year than 2 year Less than 5
year

Total Civil Cases……………………

Total Criminal Cases……………………
Grand Total Cases………..
406
 AR-21

Quarterly Statement of NDPS Act, 1985 of Judgeship

………………………Quarter,…………………………………….
Number of Cases Case Disposed during the quarter
Institution during Total of Column 2 Pending
S. No. beginning at the
the Quarter &3 Convicted Acquitted By Transfer Total Cases
Quarter
1 2 3 4 5 6 7 8 9

1
407
 APPENDIX
‗G‘
(Order 21 Rule 13)
CRIMINAL COURTS AND COURT-MARTIAL
ADJUSTMENT OF JURISDICTION RULES, 1978
S.O. 488 - In exercise of the powers conferred by sub-section(l) of
section 475 of the Code of Criminal Procedure, 1973(2 of 1974), and
in supersession of the Criminal Courts and Court-Martial (Adjustment
of Jurisdiction) Rules, 1968, the Central Government hereby makes
the following rules for the trial of the persons subject to military,
naval, air force, or Coast Guard law, or any other law relating to the
Armed Forces of the Union by a Court to which the said Code applies,
or by a Court-Martial, namely:
1. These rules may be called the Criminal Courts and Court-Martial
(Adjustment of Jurisdiction) Rules, 1978.
2. In these rules, unless the context otherwise requires,
(a) "Commanding Officer",
(i) in relation to a person subject to military law, means the
Officer Commanding the unit to which such person belongs
or is attached;
(ii) in relation to a person subject to naval law, means the
Commanding Officer, of the ship or naval establishment or
unit to which such person belongs; or is attached;
(iii) in relation to a person subject to air force law, means the
officer, for the time being in command of the unit to which
such person belongs or is attached;
(iv) in relation to a person subject to the Coast Guard law,
means the Commanding Officer of the Coast Guard ship or
establishment or unit to which such person belongs or is
attached; and

(b) "competent air force authority" means the Chief of the Air Staff,
the air or other officer commanding any Command, Group, Wing
or Station in which the accused person is serving or where such
person is serving in a field area, the Officer Commanding the
forces or the air forces in the field;

408
(c) "competent military authority" means the Chief of Army Staff or
Officer Commanding the army, army corps, division, area, sub-
area or independent brigade in which the accused person is
serving and, except in cases falling under section 69 of the Army
Act, 1950 (46 of 1950) in which death has resulted, the Officer
Commanding the brigade or sub-area or station in which the
accused person is serving;
(d) "competent naval authority" means the Chief of the Naval Staff
or the Flag Officer Commanding-in-Chief, Western Naval
Command, Bombay or the Flag Officer Commanding- in-Chief,
Eastern Naval Command, Vishakhapatnam or the Flag Officer
Commanding, Southern Naval Area, Cochin or the Flag Officer
Commanding, Western Fleet, or the Flag Officer Commanding
Eastern Fleet or Senior Naval Officer where the accused person
is serving;
(e) "competent Coast Guard authority" means the Director General
or Inspector General or Deputy Inspector General within whose
command the accused person is serving.

3. Where a person subject to military, naval, air force or Coast

Guard Law, or any other law relating to the Armed Forces of the
Union for the time being in force is brought before a Magistrate
and charged with an offence for which he is also liable to be tried
by a Court Martial, or Coast Guard Court as the case may be,
such Magistrate shall not proceed to try such person or to
commit the case to the Court of Session, unless-
(a) He is moved thereto by a competent military, naval, air
force or Coast Guard authority; or
(b) he is of opinion, for reasons to be recorded, that he
should so proceed or commit without being moved
thereto by such authority.
4. Before proceeding under clause (b) of rule 3, the Magistrate shall
give a written notice to the Commanding Officer or the
competent military, naval, air force or Coast Guard authority, as
the case may be, of the accused and until the expiry of a period
of fifteen days from me date of service of the notice he shall not-
(a) convict or acquit the accused under section 252, sub-
sections (l) and (2) of section 255, sub-section (1) of
section 256 or section 257 of the Code of Criminal

409
 Procedure, 1973 (2 of 1974), or hear him in this defence
under section 254 of the said Code; or
(b) frame in writing a charge against the accused under
section 240 or sub-section (1) of section 246 of the said
Code; or
(c) make an order committing the accused for trial to the
Court of Session under section 209 of the said Code; or
(d) make over the case for inquiry or trial under section 192 of
the said Code.

5. where a Magistrate has been moved by the competent military,

naval, air force or Coast Guard authority, as the case may be,
under clause (a) of rule 3, and such authority, subsequently
gives notice to such Magistrate, in the opinion of such authority,
the accused should be tried by a Court- Martial or Coast Guard
Court, as the case may be, such Magistrate if he has not taken
any action or made any order under rule 4, before receiving the
notice shall stay the proceedings and if the accused is in his
power or under his control, shall deliver him together with the
statement referred to in subsection (1) of section 475 of the said
Code to the officer specified in the said sub-section.

6. Where within the period of fifteen days mentioned in rule 4, or at

any time thereafter but before the Magistrate takes any action or
makes any order referred to in that rule, the commanding officer
of the accused or the competent military, naval, air force, or
Coast Guard authority, as the case may be, gives notice to the
Magistrate than in the opinion of such officer or authority, the
accused should be tried by a Court-Martial, or Coast Guard Court
as the case may be, the Magistrate shall stay the proceedings,
and if the accused is in his power or under his control, shall
deliver him together with the statement referred to in sub-
section (1) of section 475 of the said Code to the Officer
specified in the said sub-section.

7.(1) When an accused has been delivered by the Magistrate under

rule 5 or 6, the Commanding Officer of the accused or the
competent military, naval air force or Coast Guard authority, as
the case may be, shall, as soon as may be, inform the
Magistrate whether the accused has been tried by a Court-

410
 Martial or Coast Guard Court as the case may be 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, air force or Coast Guard law, or any other law relating to
the Armed Forces of the Union for the time being in force 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
proceeded against according to law, or to stay the proceedings
against such person before the Court Martial or Coast Guard
Court, as the case may be, 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, air force or Coast

Guard law, or any other law relating to the Armed Forces of the
Union for the time being in force has committed an offence
which in the opinion of competent military, naval, air force or
Coast Guard 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.
***

411
 APPENDIX
‗H‘
(Order 21 Rule 15)
INDIAN SOLDIERS (LITIGATION) ACT 1925
THE INDIAN SOLDIERS (LITIGATION) ACT, 1925
ACT NO. 4 OF 1925 1*
[24th February, 1925.]

An Act to consolidate and amend the law to provide for the

special protection in respect of civil and revenue litigation of
Indian soldiers serving under special conditions.

WHEREAS it is expedient to consolidate and amend the law to

provide for the special protection in respect of civil and revenue
litigation of Indian soldiers serving under special conditions; It is
hereby enacted as follows:-

[a] For Report of Select Committee, see Gaz. of Ind., 1925,

Pt.V.p.11.
This Act has been extended to the new Provinces and the
merged States by the Merged States (Laws) Act, 1949 (59 of
1949), section 3 (1-1-1950) and to the States of Manipur,
Tripura and Vindhya Pradesh by the Union Territories (Laws) Act,
1950 (30 of 1950), section 3 (16-4-1950), Manipur and Tripura
are full-fledged States now (see Act 81 of 1971) but Vindhya
Pradesh is a part of M.P. State- (See Act 37 of 1956, section 9).

It has been extended also to the States merged in the State of

Madhya Pradesh by M.P. Act (12 of 1950, section 3 (3-4-1950).

It has been extended to the Union territory of Pondicherry by a

notification issued under section 8 of the Pondicherry
(Administration) Act, 1962 (49 of 1962)- See Gaz. of India,
1963, Pt.II, section 3(ii) p.3 (S.O. 4).

It has been extended to the Union territory of –

(a) Dadra and Nagar Haveli by Regn. 6 of 1963 (1-7-1965);
and
(b) Laccadive, Minicoy and Amindivi Islands by Regn. 8 of
1965 (1-10-1967). The Islands are now known, as
Lakshadweep- See Act 34 of 1973, section 3 (1-11-73).
(c) Goa, Daman and Diu.- See Gaz. of India, 22-8-1984, Pt.II,
section 3(i), Ext.p.2 No.333 – G.S.R. 62 (E) of 1984.

In Rajasthan the Act has been extended to Jagir proceedings by

Raj. Act 23 of 1963. Similarly it has been extended to
proceedings under Orissa Act 1 of 1952; 5 of 1955; 16 of 1960
and 10 of 1963.

The provisions of the Act have been applied to the police force in
Jammu and Kashmir State- See J and K. Gaz. 19-5-1965, Pt.III,
Ext.

It has been applied to Central Reserve Police Force- See. G.S.R.

1605, published in Gaz. of India. 28-10-1967, Pt.II, section 3(i),
p.1738; Provisions of the Act applied to all Riflemen governed by
the Assam Rifles Act, 1941.

412
 So far as merchant seamen are concerned similar provisions are
to be found in Ss.178 to 189 of the Merchant Shipping Act,
1958.

Provisions of the Act shall apply to Rajasthan Armed

Constabulary personnel when stationed outside Rajasthan.- See
Raj. Gaz. 4-4-1963, Pt.IV (Ga), p.68

Provisions of the Act shall apply to Armed Police Personnel of the

State when deputed for service outside the State- See Ker.Gaz.
16-4-1963, Pt.I, p.426

Provisions applied to Border Security Force- See. Gaz.of India

20-7-91, Pt.II, section 3(ii), p.2893.

1. Short title, extent and commencement.

1. This Act may be called the Indian Soldiers (Litigation) Act,
1925.
2. It extends to the whole of India.
3. It shall come into force on the first day of April, 1925.

2. Definitions.- In this Act, unless there is anything repugnant in

the subject or context,-

(a) "Court" means a Court other than a Criminal Court and

includes any such tribunal or other authority as may be
specified by the Central Government by notification in the
Official Gazette being a tribunal or authority which is
empowered by law to receive evidence on any matter
pending before it and on the basis of such evidence to
determine, after hearing the parties before it, the rights
and obligations of the parties in relation to such matter];
(b) "Indian soldier" means any person subject to 5[the Army
Act, 1950 (46 of 1950), or the Air Force Act, 1950] (45 of
1950), 6[, or the Navy Act, 1957 (62 of 1957);
(c) "prescribed" means prescribed by rules made under this
Act; and
(d) "proceeding" includes any suit, appeal or application.
(e) any reference to a decree or order of a Court shall be
deemed to include a reference to a judgment,
determination or award of a court.

3. Circumstances in which an Indian soldier shall be deemed

to be serving under special conditions.-
For the purposes of this Act, an Indian soldier shall be deemed
to be or, as the case may be, to have been serving-
(a) under special conditions (when he is or has been serving
under war conditions, or overseas, or at any place beyond
India, or at any such place within India as may be
specified by the Central Government by notification in the
Official Gazette);
(b) under war conditions- when he is or has been, at any time
during the continuance of any hostilities declared by the
Central Government by notification in the Official Gazette
to constitute a state of war for the purposes of this Act or
at any time during a period of six months thereafter,-
(i) serving out of India,
(ii) under orders to proceed on field service,

413
 (iii) serving with any unit which is for the time being
mobilised, or
(iv) serving under conditions which, in the opinion of the
prescribed authority, preclude him from obtaining
leave of absence to enable him to attend a Court as
a party to any proceeding, or when he is or has been
at any other time serving under conditions service
under which has been declared by the Central
Government by notification in the Official Gazette to
be service under war conditions; and
(c) overseas- when he is or has been serving in any place
outside India (other than Ceylon) the journey between
which and India is ordinarily undertaken wholly or in part
by sea.
Explanation.-For the purposes of this section and with
effect from the 3rd day of September, 1939, a soldier who is or
has been a prisoner of war shall be deemed to be or to have
been serving under war conditions.

4. Particulars to be furnished in plaints, applications or

appeals to Court.-
If any person presenting any plaint, application or appeal to any
Court has reason to believe that any adverse party is an Indian
soldier who is serving under special conditions, he shall state the
fact in his plaint, application or appeal.

5. Power of Collector to intervene in case of unrepresented

Indian soldier.
If any Collector has reason to believe that any Indian soldier,
who ordinarily resides or has property in his district and who is a
party to any proceeding pending before any Court, is unable to
appear therein, the Collector may certify the facts in the
prescribed manner to the Court.

6. Notice to be given in case of unrepresented Indian

soldier.
(1) If a Collector has certified under section 5, or if the Court
has reason to believe, that an Indian soldier, who is a
party to any proceeding pending before it, is unable to
appear therein, and if the soldier is not represented by any
person duly authorised to appear, plead or act on his
behalf, the Court shall suspend the proceeding, and shall
give notice thereof in the prescribed manner to the
prescribed authority:
Provided that the Court may refrain from suspending the
proceeding and issuing the notice if-
(a) the proceeding is a suit, appeal or application
instituted or made by the soldier, alone or conjointly
with others with the object of enforcing a right of
pre-emption, or
(b) the interests of the soldier in the proceeding are, in
the opinion of the Court, either identical with those
of any other party to the proceeding and adequately
represented by such other party or merely of a
formal nature.
(2) If it appears to the Court before which any proceeding is
pending that an Indian soldier though not a party to the
proceeding is materially concerned in the outcome of the

414
 proceeding and that his interests are likely to be
prejudiced by his inability to attend, the Court may
suspend the proceeding and shall give notice thereof in the
prescribed manner to the prescribed authority.

7. Postponement of proceedings.
If, on receipt of a notice under section 6, the prescribed
authority certifies in the prescribed manner to the Court in which
the proceeding is pending that the soldier in respect of whom the
notice was given is serving under special conditions, and that a
postponement of the proceeding in respect of the soldier is
necessary, in the interests of justice, the Court shall thereupon
postpone the proceeding in respect of the soldier for the
prescribed period, or, if no period has been prescribed, for such
period as it thinks fit.

8. Court may proceed when no certificate received.

If, after issue of a notice under section 6, the prescribed
authority either certifies that the soldier is not serving under
special conditions or that such postponement is not necessary,
or fails to certify, in the case of a soldier resident in the district
in which the Court is situate within two months or, in any other
case, within three months from the date of the issue of the
notice that such postponement is necessary, the Court may, if it
thinks fit, continue the proceeding.

9. Postponement of proceedings against Indian soldier on

leave.
When any document purporting to be signed by the
Commanding Officer of an Indian soldier who is a party to any
proceeding is produced by or on behalf of the soldier before the
Court in which the proceeding is pending and is to the effect that
the soldier-
(a) is on leave of absence for a period not exceeding two
months, and is on the expiration of his leave to proceed on
service under special conditions, or
(b) is on sick leave for a period not exceeding three months,
and is on the expiration of his leave to rejoin his unit with
a view to proceeding on service under special conditions,
the proceeding in respect of such soldier may, in any case
such as is referred to in the proviso to sub-section (1) of
section 6 and shall, in any other case, be postponed in the
manner provided in section 7.

10. Power to set aside decrees and orders, passed against an

Indian soldier serving under war or special conditions.-
(1) In any proceeding before a Court in which a decree or
order has been passed against any Indian soldier whilst he
was serving under any special conditions, the soldier or, if
he is dead, his legal representative may apply to the Court
which passed the decree or order for an order to set aside
the same, and, if the Court, after giving an opportunity to
the opposite party of being heard, is satisfied that the
interests of justice require that the decree or order should
be set aside as against the soldier, the Court shall, subject
to such conditions, if any, as it thinks fit to impose, make
an order accordingly.

415
 (2) The period of limitation for an application under sub-
section (1) shall be ninety days from the date of the
decree or order, or, where the summons or notice was not
duly served on the soldier in the proceeding in which the
decree or order was passed, from the date on which the
applicant had knowledge of the decree or order; and the
provisions of section 5 of the Indian Limitation Act, 1908
(9 of 1908), shall apply to such applications.
(3) When the decree or order in respect of which an
application under sub-section (1) is made is of such a
nature that it cannot be set aside as against the soldier
only, it may be set aside as against all or any of the
parties against whom it has been made.
(4) Where a Court sets aside a decree or order under this
section, it shall appoint a day for proceeding with the suit,
appeal or application, as the case may be.

11. Modification of law of limitation where Indian soldier of

his legal representative is a party.-
In computing the period of limitation prescribed by sub-section
(2) of section 10 of this Act, the Indian Limitation Act, 1908 (9 of
1908), or any other law for the time being in force, for any suit,
appeal or application to a Court, any party to which is or has
been an Indian soldier, or is the legal representative of an Indian
soldier, the period during which the soldier has been serving
under any special conditions, and, if the soldier has died while so
serving, the period from the date of his death to the date on
which official intimation thereof was sent to his next-of-kin by
the authorities in India, shall be excluded:
Provided that this section shall not apply in the case of any suit,
appeal or application instituted or made with the object of
enforcing a right of pre-emption except where the said right
accrues in such circumstances, and is in respect of agricultural
land village immovable property situated in any such area as the
Central Government may, by notification in the Official Gazette,
specify in this behalf.

12. Power of Court to refer questions to prescribed

authorities.
If any Court is in doubt whether, for the purposes of section 10
or section 11, an Indian soldier is or was at any particular time
serving under special conditions, or has died while so serving, or
as to the date of such death or as to the date on which official
intimation of such death was sent to his next-of-kin by the
authorities in India, the Court may refer the point for the
decision of the prescribed authority, and the certificate of that
authority shall be conclusive evidence on the point.

13. Rule-making power.

1. The Central Government may, by notification in the
Official Gazette make rules to provide for all or any of the
following matters, namely :-
(a) the manner and form in which any notice or
certificate under this Act shall be given;
(b) the period for which proceedings or any class of
proceedings shall be postponed under section 7;
(c) the persons who shall be the prescribed authorities
for the purposes of this Act;

416
 (d) any other matter which is to be or may be
prescribed; and
(e) generally, any matters incidental to the purposes of
this Act.
2. 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.

14. Power to apply the provisions of the Act to other persons

in the service of the Government.-
1. As respects the State Public Services, the State
Government, and in other cases, the Central Government
may, by notification in the Official Gazette, direct that all
or any of the provisions of this Act shall apply to any other
class of persons in the service of Government specified in
such notification in the same manner as they apply to
Indian soldiers.
2. Where, under this section, the State Government has
directed that all or any of the provisions of this Act shall
apply to any class of persons in the service of Government,
the powers vested in the Central Government by section 3
and section 13 shall be exercised in respect of that class of
persons by the State Government.

*****

417
 THE INDIAN SOLDIERS LITIGATION ACT, 1925

Rules under the Act—The rules framed by the Central Government

under Section 13 of the Indian Soldiers (Litigation) Act, 1925 are
given in the following notification:
In 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.
(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 Authority—The 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 Collector‘s certificate—The certificate given by a

Collector under Section 5 of the Act shall be in Form A of the
Schedule.

5. Notice by Court—The 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.

6. Certificate as to that postponement not required—If 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 Court—On 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 Authority—The 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.

418
 SCHEDULE
‗I‘
(Order 33 Rule 4)

NOTIFICATION
No……..
In exercise of the powers conferred by section 312 of the Code of
Criminal procedure, 1973 (2 of 1974) ………… is pleased to make the
following rules to regulate the payment of expenses paid to
complainant and witnesses appearing, for the purpose of any enquiry,
trial or other proceedings before a criminal court in the state of
Rajasthan, namely:-

Chapter 1
Preliminary

1. Short title and commencement: -

(i) These rules may be called the ―Rajasthan Criminal Courts
(Payment of Expenses to Complainant and Witnesses)
Rules, 2017‖.
(ii) They shall come into force from the date of their
publication in the Official Gazette.

2. Definitions: - In these rules unless the context otherwise

requires:-
(a) Criminal Court includes tribunal also.
(b) ‗Code‘ means the Code of Criminal Procedure, 1973.
(c) ‗Government Servant‘ means and includes officers/officials
in the service of Government of Rajasthan/Central
Government, or any state Government or any public
authority or corporation or autonomous institutions.
(d) ‗Government‘ means Government of Rajasthan.
(e) ‗Reasonable expenses‘ means payment towards
compensation of loss of income of the Witness besides his
actual travelling expenses and diet money.
(f) Any word or expression used in these rules and not defined
herein shall have the same meaning as assigned to it, in
the code of Criminal procedure, 1973.

Chapter 2
Payment of Expenses
3. Cases in which Government is to pay the expenses: -
The Government would be liable to pay expenses of
Complaints and Witnesses only in the following categories of
cases:-
(a) in all cases in which a witness has been compelled by the
Presiding Officer of a Criminal Court on his own motion to attend
the court under section 311 of the Code;
(b) In all cases where cognizance has been taken by the police;
and
(c) 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.
Explanation: The complainant shall be paid the expenses only
when he is summoned as a witness.

419
4. Case in which Government is not to pay expenses: - No
payment shall be made to the witnesses by the Government in
all cases other than covered by rule 3, unless the prosecution
appears to be in furtherance of the interest of public justice.

Chapter 3
Rate of Payment of Expenses

5. Category of Witnesses: - The following category of witnesses

is given below:-

Category of Witnesses: -
(A) Public witnesses of any class
(B) Government servants
(C) Expert witnesses such as Forensics Experts,
Doctors, Engineers, Architects, Lawyers etc., who
are not in the service of Government.

(a) For category (A) - fare equal to the fare chargeable by a road
transport/state transport bus for a A/C deluxe coach, in addition
to the subsequent taxi charges from the nearest bus stand to the
concerned court complex as per prevalent rates notified by the
government.
(b) for category (B) – actual travelling expenses as per their
entitlement under the rules governing their nature of service,
such person is required to produce a certificate of his/her Head
of Department or Competent Authority as to the nature of
travelling allowance admissible to him/her; and
(c) for category (C) – fare equal to the fare chargeable by a road
transport/state transport bus for a A/C deluxe coach, in addition
to the subsequent taxi charges from the nearest bus stand to the
concerned court complex as per prevalent rates notified by the
government.
(iii) Travel by air : -
(a) for category (A) - no air fare is payable;
(b) for category (B) – actual travelling expenses as per their
entitlement under the rules governing their nature of
service. Such person is required to produce a certificate of
his/her Head of Department or Competent Authority as to
the nature of travelling allowance admissible to him/her;
and
(c) for category (C) – No air fare is payable.
(iv) Travel by Train :-
(a) Category (A) :- Actual Fare of Sleeper class
(b) Category (B): as per their entitlement under the rules
governing their nature of service, such person is required
to produce a certificate of his/her Head of Department or
Competent Authority as to the nature of travelling
allowance admissible to him/her; and
(c) Category (C) – Actual fare of 3 AC class.

(B) Local Witnesses:-

(iv) Travel within city:-

(a) for category (A) – Actual auto rickshaw charges as per
prevalent rates notified by the Government;
(b) for category (B) – Actual travelling expenses as per
their entitlement under rules governing their nature of
service. Such person is required to produce a certificate of
420
 his/her Head of Department or Competent Authority as to
the nature of travelling allowance admissible to him/her;
and
(c) for category (C) – Actual travelling expenses as per the
rates prescribed by the Government for motor car/taxies.
Note 1: If a person has not actually travelled by A/C train
or by A/C bus, then the actual expenses incurred shall be
reimbursed on production of original ticket or a copy
thereof.
Note 2: If a witness has travelled by any other mode of
transport incurring less expenditure than that of an auto
rickshaw/taxi then only the lesser amount shall stand
payable to him.

6. Overnight staying rates: -

(a) for category (A) . Rs. 750/- per day excepting the first day of
appearance of witness in the Court.
(b) for category (B) – (i) Rs. 1,500/- per day for the Gazetted
Officers or officers working in the equivalent pay scale excepting
the first day of appearance of witness in the Court.
(ii) Rs.750/- per day for other government servants, excepting
the first day of appearance of witness in the Court.
(c) for category (C) – Rs. 1,500/- per day excepting the first day
of appearance of witness in the Court.
Note: For categories (A), (B) and (C) – This amount should be in
addition to the other amount which would have become
admissible to them had their evidence was to conclude in a
single day and they were not required to overstay.

7. Expenses for diet : - A witness shall be paid expenses for diet

at the following rates irrespective of category‘s/ he falls in:-
(a) In metropolitan Cities : Rs. 250
(b) In Division Headquarters : Rs. 200
(c) other places : Rs. 150

8. Expenses for retired police officers or other government

servants: - Those witnesses, who appear in the Court after their
retirement in connection with the work undertaken by them while
they were in government service, may be paid expenses in the same
manner as if they were still in government service.

9. Expenses for minor/disabled‘s attendant: - When a minor of a

tender age or a disabled person is required to attend the Court as a
witness and such a witness cannot safely travel, the attendant who
accompanies the minor or the disabled person, may be paid fare as
if he was also a witness in the case.

Chapter 4
Miscellaneous

10. Duty of the Court while making payment of expenses:- It

shall be the duty of the Court that no complainant or witness is
put to trouble or inconvenience as to the payment of expenses
which she/he is entitled to under these rules. The Court shall
ensure that payment vouchers are handed over to the witness in
the Court itself soon after their testimony is recorded, without any
undue delay.

421
11. Liberal exercise of discretion: - In doubtful cases or in cases
where it is not clear as to how much distance, the witness has
travelled, the presiding Officer may use his or her experience or
knowledge for making assessment that how much expenses are to
be paid to the witness and exercise such discretion liberally.

12. Payment in advance may be made in appropriate cases,

where a witness is asked to overstay: - Subject to these
rules, in appropriate cases, where testimony of witness is in
progress and witness is required to overstay, for the continuation
of his or her testimony, the Court may make advance payment to
such a witness for the next day of his stay.

*****

422
 APPENDIX
‗J‘
YEARLY PLANNER

JANUARY
Date Work to be done Due date for Where to be Date of Remarks (Record
(Compliance of Return Performance sent Compliance here reasons for
and other works) delayed compliance)
1st to 31st
FEBRUARY
Date Work to be done Due date for Where to be Date of Remarks (Record
(Compliance of Return Performance sent Compliance here reasons for
and other works) delayed compliance)
1st to 28th/
29th
MARCH
Date Work to be done Due date for Where to be Date of Remarks (Record
(Compliance of Return Performance sent Compliance here reasons for
and other works) delayed compliance)
1st to 31st
APRIL
Date Work to be done Due date for Where to be Date of Remarks (Record
(Compliance of Return Performance sent Compliance here reasons for
and other works) delayed compliance)
1st to 30th
MAY
Date Work to be done Due date for Where to be Date of Remarks (Record
(Compliance of Return Performance sent Compliance here reasons for
and other works) delayed compliance)
1st to 31st
JUNE
Date Work to be done Due date for Where to be Date of Remarks (Record
(Compliance of Return Performance sent Compliance here reasons for
and other works) delayed compliance)
1st to 30th
JULY
Date Work to be done Due date for Where to be Date of Remarks (Record
(Compliance of Return Performance sent Compliance here reasons for
and other works) delayed compliance)
1st to 31st
AUGUST
Date Work to be done Due date for Where to be Date of Remarks (Record
(Compliance of Return Performance sent Compliance here reasons for
and other works) delayed compliance)
1st to 31st
SEPTEMBER
Date Work to be done Due date for Where to be Date of Remarks (Record
(Compliance of Return Performance sent Compliance here reasons for
and other works) delayed compliance)
1st to 30th
OCTOBER
Date Work to be done Due date for Where to be Date of Remarks (Record
(Compliance of Return Performance sent Compliance here reasons for
and other works) delayed compliance)
1st to 31st
NOVEMBER
Date Work to be done Due date for Where to be Date of Remarks (Record
(Compliance of Return Performance sent Compliance here reasons for
and other works) delayed compliance)
1st to 30th
DECEMBER
Date Work to be done Due date for Where to be Date of Remarks (Record
(Compliance of Return Performance sent Compliance here reasons for
and other works) delayed compliance)
st st
1 to 31

423
 APPENDIX
―K‖
(Order 35 Rule 5)

S.No. Proof of Address (Any two)

1 Passport
2 Driving License
3 Water Bill
4 Telephone (landline or post paid mobile bill)
5 Electricity Bill
6 Income Tax Assessment Order
7 Election Commission Photo ID Card
8 Proof of Gas Connection
9 Certificate from Employer of reputed companies
on letter head
10 Spouse‘s passport copy (first and last page
including family details) (provided the applicant‘s
present address matches the address mentioned
in the spouses passport)
11 Parent‘s passport copy, in case of minor (first
and last page)
12 Aadhaar Card
13 Registered Rent Agreement
14 Photo Passbook of running Bank Account
(Scheduled Public Sector Banks, Scheduled
Private Sector Indian Banks and Regional Rural
Banks only)
15 Bhamashah Card/ BPL Card
16 Photo ID with address proof authenticated by
Station House Officer of the area (provided
certificate also bears the photograph of verifying
SHO)

424
 APPENDIX
‗L‘
(Order 34 Rule 5)
Guidelines for recording of evidence of vulnerable
witnesses in Criminal Matters

(These guidelines are based on the UN Model Law on Justice in

Matters involving Child Victims and Witnesses of Crime published by
the UN Office on Drugs and Crime, Vienna, UN, New York 2009 and
Protection of Children from Sexual Offences Act 2012 as amended time to
time and Rules made there-under)

Each witness is unique and is to be handled accordingly. Some of

the most challenging cases handled by Judges during the course of
their careers are those involving vulnerable witnesses as, what
happened to or was witnessed by them, impact significantly on their
quality of deposition and potentially outcome of a trial.

Vulnerable witnesses, find the criminal justice system intimidating,

particularly the courtroom experience. Under these circumstances, a
vulnerable witness may be a poor witness, providing weak testimony and
contributing less information than should have been elicited. Further,
the lengthy process of navigating the formal and adversarial
criminal justice system can affect the vulnerable witnesses psychological
development and disable this sensitivity in significant and long-lasting
ways.

To respond effectively to the needs of vulnerable witnesses the

criminal justice system needs to respond proactively with sensitivity in an
enabling and age appropriate manner, so that the trial process is less
traumatic for them. Judges have to strike a balance between protecting
the accused‗s right to a fair trial, and ensuring that witnesses who give
evidence in the case are enabled to do so , to the best of their ability.
Therefore, to elicit and secure complete, accurate and reliable evidence
from vulnerable witnesses; minimize harm or secondary victimization of
vulnerable witnesses in anticipation and as a result of participation in
the criminal justice system; ensure that the accused‗s right to a fair trial
is maintained. These guidelines shall be followed in case of examination of
vulnerable witnesses during criminal trial who are victims or witnesses to
crime, unless otherwise provided.

Construction of the guidelines

These guidelines shall be liberally construed to uphold the
interests of vulnerable witnesses and to promote their maximum
accommodation without prejudice to the right of the accused to a fair
trial.

1. Terms explained
(a) Vulnerable Witness – is a child who has not completed 18 years
of age.
(b) Support Person – Means and includes guardian ad litem,
legal aid lawyer, facilitators, interpreters, translators and any
other person appointed by court or any other person
appointed by the court to provide support, accompany and
assist the vulnerable witness to testify or attend judicial
proceedings.
(c) Best Interests of the Child – Means circumstances and
conditions most congenial to security, protection of the child
and most encouraging to his physical, psychological and

425
 emotional development and shall also include available alternatives
for safeguarding the growth and development of the child.
(d) Development Level – Development level refers to the specific
growth phase in which most individual are expected to behave
and function in relation to the advancement of their physical,
socio economical, cognitive and moral abilities.
(e) In-Camera Proceedings – Means criminal matters or part
thereof wherein the public and press are not allowed to
participate, for good reason as adjudged by the court.
(f) Concealment of Identity of witness – Means and includes
any condition prohibiting publication of the name, address and
other particulars which may lead to the identification of the witness
(g) Comfort Items – Comfort items means any article which
shall have a calming effect on a vulnerable witness at the
time of deposition and may include stuffed toy, blanket or
book.
(h) Competence of a vulnerable Witness – Every vulnerable
witness shall be competent to testify unless the court
considers that they are prevented from understanding the
questions put to them, or from giving rational answers to
those questions due to tender years, disease, either of body or
mind, or any other cause of the same kind.
Explanation: A mentally ill person may also be held
competent unless he is prevented by his lunacy to understand
questions
(i) Court House Tour – A pre-trial tour of court room to
familiarize a vulnerable witnesses with the environment and the
basic process of adjudication and roles of each court official
(j) Descriptive Aids – A human figure model, anatomically correct
dolls or a picture or anatomical diagrams or any other aids
deemed appropriate to help a vulnerable witness to explain an
act or a fact.
(k) Live Link –‗Live link‗ means and includes a live television
link, audio-video electronic means or other arrangement
whereby a witness, while absent from the courtroom is
nevertheless present in the court room by remote communication
using technology to give evidence and be cross-examined.
(l) Special Measures – Means and include the use of any
mode, method and instrument etc, considered necessary for
providing assistance in recording deposition of vulnerable
witnesses.
(m) Testimonial Aids – Means and includes screens; live links,
image and/or voice altering devices; or any other technical devices.
(n) Secondary Victimization – Means victimization that occurs not as
a direct result of a criminal act but through the response of
institutions and individuals to the victim.
(o) Revictimization – Means a situation in which a person
suffers more than one criminal incident over a period of time.
(p) Waiting Room – A safe place for vulnerable witnesses where
they can wait. It shall have toys, books, TV, etc. which can help
them lower their anxiety

4. Special Measures Direction -

The court shall direct as to which, special measure will be
used to assist a particular eligible witness in providing the
best evidence. Directions may be discharged or varied during the
proceedings, but normally continue in effect until the
proceedings are concluded, thus enabling the witness to know
what assistance to expect.

426
5. Applicability of guidelines to all vulnerable witnesses.
For the avoidance of doubt, it is made clear that these guidelines
are to apply to any vulnerable witness including a child party,
regardless of which party is seeking to examine the witness.

6. No adverse inference to be drawn from special measures.

The fact that a witness has had the benefit of a special measure to
assist them in deposition, shall not be regarded in any way
whatsoever as being adverse to the position of the other side
and this should be made clear by the judge at the time of
passing order in terms of these guidelines to the parties when the
vulnerable witness is examined and when the final judgment is
pronounced.

7. Identification of Stress causing factors of adversarial

Criminal Justice System Factors -
Which cause stress on child witness, rendering them further
vulnerable witnesses, and impeding complete disclosure by them
shall, amongst others, include:
(i) Multiple depositions and not using developmentally
appropriate language.
(ii) Delays and continuances.
(iii) Testifying more than once.
(iv) Prolonged/protracted court proceedings.
(v) Lack of communication between professionals including
police, doctors, lawyers, prosecutors, investigators,
psychologists, etc.
(vi) Fear of public exposure.
(vii) Lack of understanding of complex legal procedures.
(viii) Face-to-face contact with the accused.
(ix) Practices insensitive to developmental needs.
(x) Inappropriate cross-examination.
(xi) Lack of adequate support and victims services.
(xii) Sequestration of witnesses who may be supportive to the
child.
(xiii) Placement that exposes the child to intimidation, pressure, or
continued abuse.
(xiv) Inadequate preparation for fearless and robust testifying.
(xv) Worry about not being believed especially when there is no
evidence other than the testimony of the vulnerable witness.
(xvi) Formality of court proceedings and surroundings including
formal dress of members of the judiciary and legal
personnel.

8. Competency of vulnerable witness:-

(i) Every vulnerable witness shall be presumed to be qualified
as a witness unless prevented by the following-
(a) age
(b) physical or mental disability leading to recording a
finding of doubt regarding the ability of such witness
to perceive, remember, communicate, distinguish,
truth from falsehood or appreciate the duty to tell the
truth, and/or to express the same.
Explanation: The court shall conduct a competency
examination before recording the testimony of such
witness, or on an application of either prosecution
or defence or suo motu

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9. Persons allowed at competence assessment.—
Only the following are allowed to attend the competence
assessment:
(i) the judge and such court personnel deemed necessary and
specified by order of the judge concerned;
(ii) the counsel for the parties;
(iii) the guardian ad litem;
(iv) one or more support persons for the child; and
(v) the accused, unless the court determines that competence
requires to be and can be fully evaluated in his absence.
(vi) any other person, who in the opinion of the court can
assist in the competence assessment.

10. Conduct of competence assessment.—

The assessment of a child as to his competence as a witness
shall be conducted only by the judge.

11. Developmentally appropriate questions.—

The questions asked to assess the competency of the child shall be
appropriate to the age and developmental level of the child; shall
not be related to the issues at trial; and shall focus on the ability of
the child to remember, communicate, distinguish between truth
and falsehood, and appreciate the duty to testify truthfully.

12. Continuing duty to assess competence –

The court has the duty of continuously assessing the
competence of the vulnerable witnesses throughout their
testimony and to pass appropriate orders, as and when deemed
necessary.

13. Pre-trial visit of Witnesses to the Court –

Vulnerable witness shall be allowed a pre trial court visit along
with the support person to enable such witnesses to familiarise
themselves with the layout of the court, and may include visit to
and explanation of the following:
(i) the location of the accused in the dock;
(ii) court officials (what their roles are and where they sit);
(iii) who else might be in the court, for example those in the
public gallery;
(iv) the location of the witness box;
(v) a run-through of basic court procedure;
(vi) the facilities available in the court;
(vii) discussion of any particular fears or concerns with the
intermediaries, prosecutors and the judge to dispel the fear,
trauma and anxiety in connection with the prospective
deposition at court.
(viii) demonstration of any special measures applied for and/or
granted, for example practicing on the live link and
explaining who will be able to see them in the
courtroom, and showing the use of screens (where it is
practical and convenient to do so)

14. Meeting the judge –

The Judge may meet a vulnerable witness suo-moto on reasons to
be recorded or on an application of either party in the
presence of the prosecution and defence lawyer or in their
absence before they give evidence, for explaining the court process

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 in order to help them in understanding the procedure and giving
their best evidence.

15. Appointment of Guardian ad litem.—

The court may appoint any person as guardian ad litem as per law
to a witness who is a victim of, or a witness to a crime
having regard to his best interests after considering the
background of the guardian ad litem and his familiarity with the
judicial process, social service programs, and child
development, giving preference to the parents of the child, if
qualified. The guardian ad litem may be a member of bar/
practicing advocate, except a person who is a witness in any
proceeding involving the child.

16. Duties of guardian ad litem:

It shall be the duty of the guardian ad litem so appointed by court
to :
(i) attend all depositions, hearings, and trial proceedings in
which a vulnerable witness participates.
(ii) make recommendations to the court concerning the
welfare of the vulnerable witness keeping in view the
needs of the child and observing the impact of the
proceedings on the child.
(iii) explain in a language understandable to the vulnerable
witness, all legal proceedings, including police
investigations, in which the child is involved;
(iv) assist the vulnerable witness and his family in coping with
the emotional effects of crime and subsequent criminal or
non-criminal proceedings in which the child is involved;
(v) remain with the vulnerable witness while the vulnerable
witness waits to testify;

17. Legal assistance

A vulnerable witness may be provided with legal assistance by
the court, if the court considers the assignment of a lawyer to
be in the best interests of the child, throughout the justice
process in the following instances:
(a) at the request of the support person, if one has been
designated;
(b) pursuant to an order of the court on its own motion.

18. Court to allow presence of support persons

(a) A court shall allow suo moto or on request, verbal or written,
to child testifying at a judicial proceeding to have the
presence of one person of his own choice to provide him
support who shall within the view and if the need arise may
accompany the child to the witness stand, provided that
such support person shall not completely obscure the child
from the view of the opposing party or the judge.
(b) The court may allow the support person to hold the
hand of the vulnerable witness or take other appropriate
steps to provide emotional support to the vulnerable
witness in the course of the proceedings.
(c) The court shall instruct the support persons not to prompt,
sway, or influence the vulnerable witness during his
testimony. The support person shall also be directed that
he/she shall in no circumstances discuss the evidence to be
given by the vulnerable witness.
(d) Where no other suitable person is available only in very
rare cases should another witness in the case be appointed
as a support person. The court shall ordinarily appoint a

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 neutral person, other than a parent, as a support person. It is
only in exceptional circumstances keeping the condition of
the vulnerable witness in mind, that the court should appoint
a parent as a support person.

19. The testimony of support person to be recorded prior:

A testimony of such support person if he also happens to be a
witness shall be recorded, ahead of the testimony of the child.

20. Court to appoint facilitator.

(i) To assist the vulnerable witnesses in effectively
communicating at various stages of trial and or to coordinate
with the other stake holders such as police, medical officer,
prosecutors, psychologists, defence counsels and courts,
the court shall allow use of facilitators.
(ii) The court may, suo moto or upon an application presented by
either party or a support person of vulnerable witnesses
appoint a facilitator if it determines that such witness is
finding it difficult to understand or respond to questions
asked.
Explanation: (i) The facilitator may be an interpreter, a
translator, child psychologist, psychiatrist, social worker,
guidance counselor, teacher, parent, or relative of such
witness who shall be under oath to pose questions according
to meaning intended by the counsel.
(ii) If the court appoints a facilitator, the respective
counsels for the parties shall pose questions to the
vulnerable witness only through the facilitator, either in
the words used by counsel or, if the vulnerable witness
is not likely to understand the same, in words or by
such mode as is comprehensible to the vulnerable
witness and which convey the meaning intended by
counsel.

21. Right to be informed

A vulnerable witness, his or her parents or guardian, his or
her lawyer, the support person, if designated, or other
appropriate person designated to provide assistance shall, from
their first contact with the court process and throughout that
process, be promptly informed by the Court about the stage of the
process and, to the extent feasible and appropriate, about the
following:
(a) procedures of the criminal justice process including the
role of vulnerable witnesses, the importance, timing and
manner of testimony, and the ways in which proceedings
will be conducted during the trial;
(b) existing support mechanisms for a vulnerable witness
when participating in proceedings, including making
available appropriate person designated to provide
assistance;
(c) specific time and places of hearings and other relevant
events;
(d) availability of protective measures;
(e) relevant rights of child victims and witnesses pursuant
to applicable laws, the Convention on the Rights of the
Child and other international legal instruments, including the
Guidelines and the Declaration of Basic Principles of
Justice for Victims of Crime and Abuse of Power, adopted by
the General Assembly in its resolution 40/34 of 29 November
1985;

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 (f) the progress and disposition of the specific case,
including the apprehension, arrest and custodial status of
the accused and any pending changes to that status,
the prosecutorial decision and relevant post-trial
developments and the outcome of the case.

22. Language, interpreter and other special assistance measures

(i) the court shall ensure that proceedings relevant to the
testimony of a child victim or witness are conducted in
language that is simple and comprehensible to a child.
(ii) if a child needs the assistance of interpretation into a
language or mode that the child understands, an interpreter
shall be provided free of charge.
(iii) if, in view of the child‗s age, level of maturity or special
individual needs, which may include but are not limited to
disabilities, if any, ethnicity, poverty or risk of revictimization,
the child requires special assistance measures in order to
testify or participate in the justice process, such
measures shall be provided free of charge.

23. Waiting area for vulnerable witness

The courts shall ensure that a waiting area for vulnerable
witnesses with the support person, lawyer of the witness
facilitation, if any, is separate from waiting areas used by other
persons. The waiting area for vulnerable witnesses should be
furnished so as to make a vulnerable witness comfortable.

24. Duty to provide comfortable environment

It shall be the duty of the court to ensure comfortable
environment for the vulnerable witness by issuing directions
and also by supervising, the location, movement and
deportment of all persons in the courtroom including the
parties, their counsel, child witnesses, support persons,
guardian ad litem, facilitator, and court personnel. The child
may be allowed to testify from a place other than the
witness chair. The witness chair or other place from which the
child testifies may be turned to facilitate his testimony but the
opposing party and his counsel must have a frontal or profile
view of the child even by a video link, during the testimony
of the child. The witness chair or other place from which the
child testifies may also be rearranged to allow the child to see
the opposing party and his counsel, if he chooses to look at them,
without turning his body or leaving the witness stand. While
deciding to make available such environment, the judge may be
dispensed with from wearing his judicial robes

25. Testimony during appropriate hours

The court may order that the testimony of the vulnerable witness
should be taken during a time of day when the vulnerable witness
is well-rested.

26. Recess during testimony

The vulnerable witness may be allowed reasonable periods of
relief while undergoing depositions as often as necessary
depending on his developmental need.

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27. Measures to protect the privacy and well-being of child
victims and witnesses.
(1) At the request of a child victim or witness, his or her parents
or guardian, his or her lawyer, the support person, other
appropriate person designated to provide assistance, or
the court on its own motion, taking into account the best
interests of the child, may order one or more of the
following measures to protect the privacy and physical
and mental well-being of the vulnerable witness child
and to prevent undue distress and secondary victimization:
(a) expunging from the public record any names,
addresses, workplaces, professions or any other
information that could be used to identify the child;
(b) forbidding the defence lawyer and persons present in
court room from revealing the identity of the child or
disclosing any material or information that would tend
to identify the child;
(c) ordering the non-disclosure of any records that identify
the child, until such time as the court may find
appropriate;
(d) assigning a pseudonym or a number to a child, in
which case the full name and date of birth of the
child shall be revealed to the accused within a
reasonable period for the preparation of his or her
defence;
(e) efforts to conceal the features or physical description of
the child giving testimony or to prevent distress or
harm to the child, including testifying:
(i) behind screen;
(ii) using image- or voice-altering devices;
(iii) through examination in another place,
transmitted simultaneously to the courtroom
by means of video link;
(iv) through a qualified and suitable intermediary,
such as, but not limited to, an interpreter for
children with hearing, sight, speech or other
disabilities;
(f) holding closed sessions;
(g) if the child refuses to give testimony in the
presence of the accused or if circumstances show
that the child may be inhibited from speaking the truth
in that person‗s presence, the court shall give orders to
temporarily remove the accused from the courtroom
to an adjacent room with a video link or a one
way mirror visibility into the court room. In such
cases, the defence lawyer shall remain in the
courtroom and question the child, and the
accused‗s right of confrontation shall thus be
guaranteed;
(h) taking any other measure that the court may deem
necessary, including, where applicable, anonymity,
taking into account the best interests of the child and
the rights of the accused.
(2) Any information including name, parentage, age, address,
etc. revealed by the child victim or witness which enables
identification of the person of the child, shall be kept in a
sealed cover on the record and shall not be made available
for inspection to any party or person. Certified copies thereof
shall also not be issued. The reference to the child victim or
witness shall be only by the pseudonym assigned in the case.

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28. Directions for Criminal Court Judges
(i) Vulnerable witnesses shall receive high priority and shall
be handled as expeditiously as possible, minimizing
unnecessary delays and continuances (Whenever necessary
and possible, the court schedule will be altered to ensure that
the testimony of the child victim or witness is recorded on
sequential days, without delays.)
(ii) judges and court administrators should ensure that the
developmental needs of vulnerable witnesses are recognized
and accommodated in the arrangement of the courtroom.
(iii) separate and safe waiting areas and passage thereto
should be provided for vulnerable witnesses.
(iv) judges should ensure that the developmental stages and
needs of vulnerable witnesses are identified recognized and
addressed throughout the court process by requiring usage of
appropriate language, by timing hearings and testimony to
meet the attention span and physical needs of such
vulnerable witnesses by allowing the use of testimonial
aids as well as interpreters, translators, when necessary.
(v) judges should be flexible in allowing the vulnerable witnesses
to have a support person present while testifying and
should guard against unnecessary sequestration of support
persons.
(vi) hearings involving a vulnerable witness may be scheduled on
days/time when the witness is not in inconvenienced or is
not disruptive to routine/ regular schedule of child.

29. Allowing proceedings to be conducted in camera

(i) When a vulnerable witness testifies, the court may order the
exclusion from the courtroom of all persons, who do not have
a direct interest in the case including members of the press.
Such an order may be made to protect the right to privacy of
the vulnerable witness or if the court determines on the
record that requiring the vulnerable witness to testify in open
court would cause psychological harm to him, hinder the
ascertainment of truth, or result in his inability to
effectively communicate due to embarrassment, fear, or
timidity.
(ii) In making its order, the court shall consider the
developmental level of the vulnerable witness, the nature
of the crime, the nature of his testimony regarding the crime,
his relationship to the accused and to persons attending the
trial, his desires, and the interests of his parents or legal
guardian.
(iii) The court may, motu proprio, exclude the public from the
courtroom if the evidence to be produced during trial is
of such character as to be distressing, personal, offensive
to decency or public morals.

30. Live-link television testimony in criminal cases where

the vulnerable witness is involved -
(a) The prosecutor, counsel or the guardian ad litem may apply
for an order that the testimony of the child be taken in a
room outside the courtroom and be televised to the
courtroom by live-link television
(b) In order to take a decision of usage of a live-link the judge
may question the child in chambers, or in some
comfortable place other than the courtroom, in the
presence of the support person, guardian ad litem,
prosecutor, and counsel for the parties. The questions of the

433
 judge shall not be related to the issues at trial but to the
feelings of the child about testifying in the courtroom.
(c) The court on its own motion, if deemed appropriate, may
pass orders in terms of (a) or any other suitable
directions for recording the evidence of a vulnerable
witness.

31. Provision of screens, one-way mirrors, and other

devices to vulnerable witness from accused.
The court may suo moto or on an application made even by the
prosecutor or the guardian ad litem may order that the chair of the
vulnerable witness or that a screen or other device be placed in the
courtroom in such a manner that the child cannot see the accused
while testifying. The court shall issue an order stating the reasons
and describing the approved courtroom arrangement.

32. Factors to be considered while considering the

application under Guidelines 31 & 32.
The court may order that the testimony of the vulnerable
witness be taken by live link television if there is a substantial
likelihood that the vulnerable witness would not provide a full and
candid account of the evidence if required to testify in the presence
of the accused, his counsel or the prosecutor as the case may be.
The order granting or denying the use of live-link
television shall state the reasons therefore and shall consider the
following:
(i) the age and level of development of the vulnerable witness;
(ii) his physical and mental health, including any mental or
physical disability;
(iii) any physical, emotional, or psychological harm related
to the case on hand or trauma experienced by the child;
(iv) the nature of the alleged offence and circumstances of its
commission;
(v) any threats against the vulnerable witness;
(vi) his relationship with the accused or adverse party;
(vii) his reaction to any prior encounters with the accused in court
or elsewhere;
(viii) his reaction prior to trial when the topic of testifying was
discussed with him by parents or professionals;
(ix) specific symptoms of stress exhibited by the vulnerable
witness in the days prior to testifying;
(x) testimony of expert or lay witnesses;
(xi) the custodial situation of the child and the attitude of the
members of his family regarding the events about which he
will testify; and
(xii) other relevant factors, such as court atmosphere and
formalities of court procedure.

33. Mode of questioning

To facilitate the ascertainment of the truth the court shall
exercise control over the questioning of vulnerable witness.
(i) ensure that questions are stated in a form appropriate to the
developmental level of the vulnerable witness;
(ii) protect vulnerable witness from harassment or undue
embarrassment; and
(iii) avoid waste of time by declining questions which the
court considers unacceptable due to their being improper,
unfair, misleading, needless, repetitive or expressed in
language that is too complicated for the witness to
understand.

434
 (iv) the court may allow the child witness to testify in a narrative
form.
(v) questions shall be put to the witness only through the court.

34. Rules of deposition to be explained to the Witnesses

The court shall explain to a vulnerable witness to listen
carefully to the questions and to tell the whole truth, by speaking
loudly and not to respond by shaking head in yes or no and also to
specifically state that the witness does not remember where he has
forgotten something and to clearly ask when the question is not
understood.
A gesture by a child to explain what had happened
shall be appropriately translated and recorded in the child‗s
deposition.

35. Objections to questions

Objections to questions should be couched in a manner
so as not to mislead, confuse, frighten a vulnerable witness.

36. Allow questions in simple language

The court to allow the questions to be put in simple
language avoiding slang, esoteric jargon, proverbs, metaphors
and acronyms. The court must not allow the question carrying
words capable of two-three meanings, questions having use of both
past and present in one sentence, or multiple questions
which is likely to confuse a witness. Where the witness seems
confused instead of repetition of the same question, the court
should direct for its re-phrasing.
Explanation: (i) The reaction of vulnerable witness shall be
treated as sufficient clue that question was not clear so it shall be
rephrased and put to the witness in a different way
(ii) Given the witness developmental level, excessively
long questions shall be required to be rephrased and
thereafter put to witness.
(iii) Questions framed as compound or complex
sentence structure; or two part questions or those
containing double negatives shall be rephrased and
thereafter put to witness.

37. Testimonial aids.

The court shall permit a child to use testimonial aids as
defined in the definition clause.

38. Protection of privacy and safety

(a) Confidentiality of records.— Any record regarding a
vulnerable witness shall be confidential and kept under seal.
Except upon written request and order of the court, the
record shall only be made available to the following:
(i) Members of the court staff for administrative use;
(ii) The Public Prosecutor for inspection;
(iii) Defence counsel for inspection;
(iv) The guardian ad litem for inspection;
(v) Other persons as determined by the court.
(b) Protective order.— The depositions of the vulnerable witness
recorded by video link shall be video recorded except
under reasoned order requiring the special measures by
the judge. However where any videotape or audiotape

435
 of a vulnerable witness is made, it shall be under a
protective order that provides as follows:
(i) A transcript of the testimony of the vulnerable
witness shall be prepared and maintained on record
of the case. Copies of such transcript shall be furnished
to the parties of the case.
(ii) Tapes may be viewed only by parties, their counsel,
their expert witness, and the guardian ad litem.
(iii) No person shall be granted access to the tape, or
any part thereof unless he signs a written
affirmation that he has received and read a copy of the
protective order; that he submits to the jurisdiction of
the court with respect to the protective order; and
that in case of violation thereof, he will be
subject to the contempt power of the court.
(iv) Each of the tapes, if made available to the parties or
their counsel, shall bear the following cautionary
notice:

‗This object or document and the contents thereof

are subject to a protective order issued by the
court in (case title), (case number). They shall not
be examined, inspected, read, viewed, or copied by
any person, or disclosed to any person, except as
provided in the protective order. No additional copies of
the tape or any of its portion shall be made, given,
sold, or shown to any person without prior court
order. Any person violating such protective order is
subject to the contempt power of the court and other
penalties prescribed by law.‘

(v) No tape shall be given, loaned, sold, or shown to any

person except as ordered by the court.

(vi) This protective order shall remain in full force and

effect until further order of the court.
(c) Personal details during evidence likely to cause threat to
physical safety of vulnerable witness to be excluded — A
vulnerable witness has a right at any court proceeding not
to testify regarding personal identifying information,
including his name, address, telephone number, school,
and other information that could endanger his physical
safety or his family. The court may, however, require the
vulnerable witness to testify regarding personal identifying
information in the interest of justice.
(d) Destruction of videotapes and audiotapes.— Any videotape
or audiotape of a child produced under the provisions of
these guidelines or otherwise made part of the court record
shall be destroyed as per rules formed by the Rajasthan High
Court.

39. Protective measures

At any stage in the justice process where the safety of a child
victim or witness is deemed to be at risk, the court shall arrange to
have protective measures put in place for the child. Those
measures may include the following:
(a) avoiding direct or indirect contact between a child
victim or witness and the accused at any point in the
justice process;
(b) restraint orders;

436
 (c) a pre-trial detention order for the accused or with
restraint or ―no contact bail conditions which may be
continued during trial;
(d) protection for a child victim or witness by the police or other
relevant agencies and safeguarding the whereabouts of the
child from disclosure;
(e) any other protective measures that may be deemed
appropriate.

40. Applicability of these provisions in other matters.-

These provisions shall also apply wherever applicable and
practical in the inquiry into and trial of rape or an offence under
section 376, section 376A, section 376B, section 376C, section
376D or section 376E of the Indian Penal Code.

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 SCHEDULE

‗M‘
( Order 48 Rule 16)
Seal of Civil Courts

Name of Court Shape Dimensions

Every Court Round 2-1/2 Diameter

*****

438