(1)(a)Every endeavour should be made to repay returned diet-money speedily and with as little trouble as possible to the party concerned, and with this object in view the Judge should, after ascertaining what witnesses are absent, see that parties present take back the returned diet-money due to them.Note. - A notice in English and Hindi shall be exhibited in every Court to the following effect :-Repayment of returned diet-money-(i)Returned diet-money will be paid to parties at any hearing of the case at which they are present.(ii)Any returned diet-money not so repaid will be remitted to the parties by money order as soon as possible after the conclusion of the case but money order commission and a charge of 10 P. for stationery and clerical expenses will be deducted from that amount.(b)At the beginning of each working day the Reader should collect all the processes on which diet-money has been returned and should total up the sum repayable thereon. The Judge should then requisition the sum from the Nazir and give him a receipt for it. The Nazir will normally by 11.30 a.m. send the requisitioned sum to the Reader, together with the Register of Receipts of returned diet-money. From the amount received the Reader should pay returned diet-money to the parties concerned in the presence of the Judge and obtain their signatures in column 10 of the register. On each of the processes on which returned diet-money has been repaid the Reader should stamp with a rubber stamp the following endorsement :-"Amount of returned diet-money Rs................paid to..................in my presence.................................Dated..................................Signed...............Judge".At 2 p.m. the Reader should send the Register of Receipts of returned diet-money, the processes on which returned diet-money has been repaid, and the balance of unpaid money to the Nazir. The latter after satisfying himself that the entries in the register correspond with the figures on the processes themselves, will return the Judge's receipt and the processes to the Reader, who will file the processes with the connected records. An application for payment of returned diet-money not previously paid may be made by parties at any hearing of a case, and payment should be made in the same manner.Note. - On the last working day of the treasury' or sub-treasury in each mOnth transactions in respect of returned diet-money should be completed by 12 noon.(c)In this way recently all returned diet-money will have been repaid before the conclusion of the case. Such returned diet-money as remains unpaid after the close of the case should be sent, as soon as possible after delivery of judgement, to the party concerned by money order after deducting money order commission and a charge of 10 P. on account of stationery and clerical expenses. The charge of 10 P. should be recovered by means of a court fee stamp to be purchased from the diet-money and affixed by the Nazir on the process form itself. After the delivery of the judgement in the case the Reader should collect all the processes on which returned diet-money has still to be repaid and make the following endorsement on each with a rubber-stamp :-"Amount Rs 'of returned diet-money on this process be returned by money order after deducting necessary charges.Dated...............Signed...............................Judge"He should at the same time prepare a money order form for each such amount. The coupon at the foot of the money order form should contain an endorsement showing the number of the case, the name of the Court, the name of the witness and the amount to be sent. The money order form and process should be sent to the Nazir for check. The Nazir should affix the 10 P. court-fee stamp on the process and should then sent the process and the money order form to the Judge for signature. The latter should see that the court-fee stamp is cancelled, sign the order on the process and also the money order form, and return the money order form to the Nazir for despatch to the post office.(d)Occasionally it will happen that the money on the money-order will be returned. Since the Judge signed the money order, the money will be returned to him and not to the Nazir. In such cases the coupon at the foot of the money order should be sent to the Nazir who will make, in red ink below the entries already made in columns 8 and 9 of the Register of Receipts of returned diet-money, an entry to the effect that the amount has been received back. Such an entry might be "Rs. 4 received from the post office, because the addressee is reported to be dead." The Nazir should also note in red ink a fresh serial entry in columns 1 to 6 against the date on which the money is received back; but in column 2 should be given the old serial number to which the item relates and not a fresh serial number. He should then submit the register to the Judge who will hand over the money to the Nazir after satisfying himself that the necessary entries have been made in the register. No further attempt should be made to return this money by money-order. It will remain in deposit until it lapses in the ordinary way. In a few cases, where the money is returned from the post office it may happen that the party may subsequently appear and claim his deposit. He can then be paid only what has been received back from the post office.Note 1. - In cases where the returned diet-money sent by money-order is not received back or acknowledged by the addressee, the Nazir should enquire from the post office, within two weeks if the addressee resides at a place where there is a post office and within four weeks if the addressee resides elsewhere, what has become of the money order.Note 2. - At headquarters the duties of the Judge with respect to repayment of returned diet-money may be performed by the clerk of Court.(e)At stations where there is no separate civil Nazarat, returned diet-money should be returned by money order after the conclusion of the case, the procedure to be followed being so far as possible that described above the exception being that after the Nazir has affixed the court-fee stamp to the-process he will prepare the money order form and put it up to the Judge in charge of the Nazarat for signature. The latter will have the court-fee stamp cancelled, sign the money order form for issue by the Nazir and have the process returned by the Nazir to-the Court concerned with the Nazir's report that the returned diet-money has been sent by money order.
