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State of Uttar Pradesh - Section

Section 196 in The General Rules (Civil), 1957

196. Preservation and destruction of files.

(1)File A-1 shall be permanently preserved except in cases under the following Acts when the papers shall be destroyed after the expiration of the period noted against each :
(a)Act XXXIX of 1925 - 20 years.
(b)Act VIII of 1890 - 36 years.
(2)File A-2 shall be destroyed at the end of 30 years from the date of institution of the original suit or case.
(3)File B shall be destroyed at the end of 20 years from the date of institution of the original suit or case, except in cases under the Provincial Insolvency Act, where the file shall be destroyed after 12 years from the date of the grant of discharge, or where no order of discharge has been passed from the date of last order passed in the case.
(4)File C shall be destroyed at the end of 15 years from the date of institution of the original suit or case, except that-
(a)in cases under the Provincial Insolvency Act, the file shall be destroyed after 12 years from the date of the grant of discharge, or, where no order of discharge has been passed from the date of the last order passed in the case; and
(b)in cases affected by Section 5 of the Temporary Postponement of Execution of Decrees Act (Act X of 1937) the file shall be destroyed after 18 years.
(5)File D, whether of Part I or Part II shall be destroyed at the end of three years from the date of institution of the original suit or case.
(6)In ail cases, where file D of Part I or Part II has not been so destroyed or has for any reason been revived the surviving or revived file D shall be destroyed at the same time along with file C ; in all cases where file D, whether of Part I or Part II has again survived or been revived, such surviving or revived portion shall be destroyed along with file B :Provided always that Judge may at the termination of a suit or of any application for execution by a decree-holder, pass an order directing that for reasons to be recorded on the order-sheet, the papers in file C be kept for a longer specified period :Provided also that no part of record shall be destroyed until after the expiration of one year in addition to the time allowed for filing an appeal, even though the period prescribed for weeding under this rule has elapsed since the date of institution of the original suit or case :Provided further that the appellate court shall, as soon as an appeal is presented send intimation thereof to the court against whose decree the appeal has been filed, and on receipt of such intimation, the presiding officer of such court shall forthwith issue instructions to the record-keeper not to weed out any paper so long as the appeal is not finally disposed of.File D in the record of any miscellaneous case not relating to a suit or other case shall be destroyed at the end of one year from the date of final order.
(7)[ The record of cases instituted under Section 472 of the Uttar Pradesh Nagar Nigam Adhiniyam, 1959 (U.P. Act No. 2 of 1959), shall be weeded out after six years from the date of final order.] [Substituted by Notification No. 444/VIII-b-65, dated 31-8-1982, w.e.f. 15-1-1983.]
(8)Bahikhatasand other account books, whether included in file A-1, file B or file C, may be destroyed under the orders of the District Judge after three years from the date of the final decree of the court of first instance or of appeal, as the case may be, where the party who files such account books cannot be traced or where such party has been given at least one month's notice to apply for the return of such account books and has failed to do so.In cases of doubt the record-keeper shall take the orders of the District Court as to the date of destruction.