State of Rajasthan - Act
The Rajasthan Revenue Courts Manual, 1956
RAJASTHAN
India
India
The Rajasthan Revenue Courts Manual, 1956
Rule THE-RAJASTHAN-REVENUE-COURTS-MANUAL-1956 of 1956
- Published on 2 March 1986
- Commenced on 2 March 1986
- [This is the version of this document from 2 March 1986.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Office hours.
- The hours of working in the Revenue Courts shall be as ordered by the Government from time to time.2. Attendance Register.
- The Reader or the Superintendent of every court, shall maintain an attendance register of the staff and shall put it every day before the Presiding Officer "in case of Tehsildars, Assistant Collectors and Sub-divisional Officers for signatures within half an hour of the Office time. In case of other Officers it shall be put up by the Superintendent every week before the Presiding Officer for signatures".3. Table of jurisdiction.
- In every court room there shall be hung up in a conspicuous place a notice setting forth, in a tabular form, the territorial and pecuniary jurisdiction as notified by the Government from time to time of the court. The Superintendent, or the Reader shall be responsible for the maintenance of this up-to-date table of jurisdiction.4. Time of receipt of petitions.
- Applications and petitions shall be taken at regular hours to be fixed by each court with the approval of the Collector and the Collector and the Commissioner shall fix an hour for the receipt of petitions in their own courts. Notice, of the hours fixed shall be pasted on the Notice Board of each Court. In the absence of any such notice, application and petitions shall be presented at the commencement of the sitting of the court and half an hour before the rising of the court, provided that an application or petition presented after such hour may be received on any day other than gazetted holiday on the ground of limitation or other urgent reasons.5. Noting of time on certain applications.
- Presiding Officers when accepting application and petitions after the court hours shall note on it the time of its presentation.6. Orders other than routine ones should be recorded on order sheet.
- No orders except routine orders are to be recorded on the applications themselves. All other orders are to be recorded on the order sheet. All petitions shall, if possible, be disposed of by an order passed in the court as soon as they are prescribed.7. Petition on behalf of Court of Wards etc.
- In the case of a petition presented on behalf of the Court of Wards, the Government estates or an estate managed by the Officer of the Government and in all suits by or against the Government. State Railways. Court of Wards, Municipal or other local bodies. Trustees of Trusts, if any party desires a certificate of court fee and stamps filed in the court by it mid furnishes the particulars of the same the court shall issue a certificate upon the particulars furnished after verification from the record.8. Cases not to be heard on holidays.
- Without the consent of the parties, and in the absence of urgent necessity no case shall be heard on a general holiday :Provided that on a general holiday the court shall not refuse to do any act or to make any order urgently required which may. with propriety, be done or made out of court.8A. [ [Inserted by Notification dated 25-3-1991. Published in Rajpatra part IV(ga), dated 11-4-1991, page 17.]
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.]9. Cause list.
- A cause list shall be prepared in every court either by the presiding officer personally or under his direct personal supervision, every fortnight, or at such shorter intervals as may be convenient, showing (a) the date fixed for the hearing of each case, (b) the number and description of the case, (c) the names of the parties, (d) the purpose for which the date has been fixed and (e) the place at which the case will be heard or if the case will be heard in camp, the place at which it will probably be heard.Note.-A course which has much to commend it is the setting a part of certain days in the week exclusively for judicial work. Officers must decide themselves whether to adopt this arrangement or not, but they will do well to remember that there are obvious advantages in fixing and notifying certain days on which the public will have a reasonable certainty of finding them in a position to take up cases at regular hours.10. Cause list to be affixed in court house.
- The cause list shall be affixed in some conspicuous place in the court house.11. Cause list to be maintained in headquarters when court held away from headquarters.
- Whenever the court is held away from headquarters arrangements shall be made for the maintenance of the cause list at headquarters.12. Hearing of cases in camp.
- If on the day appointed for the hearing of case in camp the court is not sitting at the place specified in fresh date and place shall be fixed for hearing the case or the case shall be adjourned.13. Date and place should be stated is summons when parties summoned in camp.
- When parties are summoned to appear in camp the place as well as the date shall always be stated in the summons.Chapter II
(A) Suits and appeals in general
14. Paper for pleadings, applications and petitions.
- All pleadings, applications and petitions of whatsoever nature and also Powers of Attorney and certificates of pleaders or Revenue Agents filed in Revenue Courts shall be written in a legible hand or type-written on Government water-marked paper only one side of the paper being used and a quarter margin together one inch of space at the top and bottom each being left for binding :Provided that when saleable forms have been prescribed for any purpose they shall be used, if available:Provided also that when Government water-marked is not available, courts may accept pleadings or petitions on stout durable foolscaps size paper.15. Names and parentage etc. of parties to be written legibly.
- In every pleading or petition, the names, parentage and residence of parties shall be written in bold and clear hand writing.16. Heading of pleadings and applications.
- The names of parties shall bear consecutive numbers and a separate line shall be allotted to the name and description of each person.17. Separate applications for distinct subject matter.
- Separate applications shall be made in regard to distinct subject matters. No application containing argumentative matter, for example quotations and discussion of the effect of Section of Acts or of certain rulings of the High Court or the Board, shall be placed on record. They shall be returned to the applicants without any order except an endorsement that the application is returned.18. Form of applications.
- Every application, petition, process, notice, order, proceedings in or relating to a suit from the institution to the final execution shall bear on the right hand top on first page-19. Opposite party to be given copies of written statements etc.
- The party filing any of the following papers in a case 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 and on default the court shall cause a copy to be furnished immediately or served as soon as possible on such opposite party or his counsel at the cost of the party filing the paper :-20. Amendment in pleadings how made.
- An application for amendment made under Order 1 Rule 10. Order 6 Rule 17. Order 22 Civil Procedure Code shall also contain all consequential amendments.21. Rejection of application.
- The Presiding Officer shall reject the application if it is not in accordance with the law or these rules.22. Amendment when a party dies pendent lite.
- When a party dies pendent lite a note to that effect shall be added against the name of the party and necessary consequential amendment in the body of the petition or pleading shall be made as prayed in rule 20.23. Numbering on substitution.
- When the heirs of a 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 and so on. If any party numbered as 3/1 dies his heirs will be numbered as 3/1/1, 3/½ and so on.24. Return of Vakalatnama with plaint.
- When returning a plaint for presentation to a proper court, the court may order the plaintiff to file a copy of the plaint to be put on record in place of the plaint. When a plaint is returned to a pleader or a recognised Agent of the plaintiffs, the authority executed in his favour shall also be returned to him.25. Return of plaints and petitions.
- No application which has been filed in a court shall be returned for presentation to a proper court.26. Written statements.
-Written statement shall be as brief as the nature of the case admits. They should not be argumentative but should be confirmed as much as possible to a single narrative of the fact which the party presenting the written statement believes to be material to the case and which he believed he will be able to prove.Division and numbering of paragraphs of a written statement. - Every written statement where necessary be divided into paragraphs numbered consecutively and each paragraph must contain, as nearly as may be. a separate allegation.27. Written statements when not accepted.
- No written statement which does not fulfill these conditions should be accepted but the court should proceed in accordance with the rule 16 of the Order 6 of the Code of Civil procedure.28. General Heading of Memorandum of appeal or applications.
- Every Memorandum of appeal or application for revision or review shall be in the language of the Court fairly and legibly written or type-written provided with quarter margin on one side only on the Government water-marked paper and shall bear the general heading "In the Court of......" and shall have written immediately below the heading the following:-| (a) In the case of a Memorandum of appeal or application forreview | The description such as first appeal, second appeal orapplication for review as the case may be followed by the Sectionand Act or by the Rule under which it is filed and words"No....of (year)....and |
| (b) In the case of other applications. | Revenue Miscellaneous case No for year section Act or Ruleunder which it is fixed: |
29. Contents of Memorandum of appeal or application for review or revision.
- Every memorandum of appeal or application for review shall state-30. Documents to accompany Memorandum of Appeal, Revision application.
- Every memorandum of appeal shall be accompanied by-31. Memorandum of appeal or objections or application to be accompanied by copies thereof.
- Every memorandum of appeal or application for review shall be accompanied by as many typed copies thereof as there may be parties to be served.It shall be deemed to be sufficient compliance with this rule if the person presenting the memorandum of application gives a written undertaking to supply the necessary copies within three days of its admission.32. Penalty for non-compliance.
- If the requisite copies are not supplied within such time or within such further time as on sufficient cause shown may be allowed by the Court the memorandum shall be rejected.No order shall issue from the Board on such memorandum or an application until the required copies have been supplied.33. Affidavits to accompany certain applications.
- The following applications shall be accompanied by an affidavit setting out in the form of a narrative the material facts and the circumstances including names and dates where necessary on which the applicant relies, namely :-1. An application for review made on ground of discovery of new and important matter or evidence or any other sufficient reason:
2. An application for stay of execution proceedings:
3. An application for vacating of an order for stay:
4. An application for the attachment before judgment or an injunction:
5. An application for appointment or discharge of a receiver:
6. An application for the re-admission or restoration of an appeal or application dismissed in default of appearance or for the setting aside an exparte order or decree:
7. An application for substitution of parties or for a note to be made in the record when the legal representative of the party is on the record or when a party has died without leaving any legal representatives:
8. An application for transfer of a case:
9. Applications for appointment of a guardian ad-litem or next friend:
10. Application by way of complaint against a legal practitioner or Revenue Agent:
11. Application under Section 5 of the Limitation Act:
12. Any other application stating all facts on the basis of which an order is sought or any other application which is required by any rules or law or to be supported by an affidavit. The court may call for an affidavit in any other matter coming before it or him.
34. Prayer for an order of interlocutory nature.
- A prayer for stay execution or proceedings or for the vacating of an order staying execution or for admitting evidence or for any other order of an interlocutory nature shall not be contained in the memorandum of appeal or the application for review to which it relates but shall be made by a separate application.35. General Heading of applications in a pending case.
- Every application made in case pending in a Court shall have written on immediately below the heading the following, namely :-Revenue Miscellaneous application No. ...... of......... (subject and particulars of the pending case).36. Full description of the parties.
- Every person presenting an application or arrayed as an opposite party therein shall be described with such particulars as will ensure his clear indication such as his full name, his father's name, his rank or decree in life occupation or trade and his true place of residence with correct residential address.37. Application to be divided into paragraphs.
- Every application containing a statement of facts shall be divided into paragraphs which shall be numbered consecutively and each paragraph shall, as nearly as may be, confined to a distinct portion of the subject.38. Certain grounds of appeal to be certified.
- If one of the grounds of appeal be that there is no evidence or admission on the record to support the decree that fact shall be mentioned in the memorandum which shall also state the material finding or findings in support of which there is no evidence or admission on the record. Such ground shall not be allowed to be urged unless the advocate for the appellant has certified under his hand before the hearing of the appeal that he has examined the record and that the ground is well founded.39. Affidavit in reply.
- Any person opposing the grant of an application or showing cause against an order may bring before the Court any facts or circumstances not contained in the application or affidavit of the other party by an affidavit containing in the form of a narrative the material facts and circumstances on which he relies.40. Affidavit in review application.
- The affidavit accompanying an application for review on the ground of the discovery of new and important matter or evidence shall be made by the applicant himself stating in clear terms what such new or important matter or evidence is, the effect or purport thereof, how the same after exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made and how and when he came to know of it or became able to produce it.41. Affidavit in an application for stay.
- The affidavit accompanying an application for stay of execution of or proceedings under a decree or order shall contain such of the following particulars as may be material to such application, namely :-42. Advocates Certificate as to sufficiency of Court fee.
- Where an application for stay of execution of or proceedings under, a decree is presented through an advocate, attorney, vakil, pleader or Revenue Agent, be fore the admission of the appeal in which the application is made, it shall also bear a certificate of such Advocate stating that to the best of his knowledge and belief the full court fee payable on the memorandum of appeal has been paid.43. Affidavit in application for re-admission or the setting aside of an ex-parte decree.
- The affidavit accompanying an application for the readmission an appeal or application dismissed for default was made, and whether or not the party concerned had previous to such dismissal engaged an Advocate to conduct such appeal or application. If an Advocate had been so engaged the affidavit shall further state, on the personal knowledge of the deponent and not merely on his Information and belief, the name of such advocate, the date when he was engaged, the amount of fee agreed to be paid and whether full fee had been paid to him before the date of such dismissal.These provisions shall, with necessary adaptation and modifications. apply to an affidavit accompanying an application for the setting aside of an ex-parte decree or order.44. Affidavit in application for substitution.
- The affidavit accompanying an application to bring on record the legal representatives of a deceased party shall state the precise date of the death of the party concerned.45. Affidavit in application for appointment of a guardian or next friend.
- The affidavit accompanying an application for the appointment of a guardian ad litem or next friend of a minor shall state-46. Defective application or Memorandum of Appeal of objection may not be received.
- No application or memorandum of appeal or objection shall be received if it is not in the proper Form or it is not accompanied by the necessary documents:Provided that the Court may receive it and for sufficient cause shown, grant such time as it may consider proper for supplying such documents or removing such defects: andProvided further that nothing done under the first proviso shall have the effect of extending the period of limitation in the case of a memorandum of appeal where the copy of the judgment or decree or formal order is not filed within the prescribed time.If the required documents are not supplied or the defects are not removed within the time allowed by the Court the application or memorandum of appeal shall be rejected.47. Certain copies not to be returned.
- No copy of a judgment, decree or formal order accompanying a memorandum of appeal or application for review shall be returned unless such memorandum or application itself is ordered to be returned.48. Application or petition to have name and signature.
- Every plaint, memorandum, application or petition shall at the time of presentation bear the name and also full signatures or the thumb mark of the person actually presenting the same together with the date of presentation.49. Persons from whom applications may be received.
- Except an application for copy, no application or petition and no pleading required or authorised by law to be made by party in a court shall be received from any person other than the party himself, his advocate pleader or his recognised agent or a revenue agent.50. Registered Clerks.
- Registered clerks can present such applications as they may be authorised to present under the rules.51. Applications received by post.
- Every plaint, memorandum of application, appeal or petition, not being an application for copy, 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 or petition: otherwise it shall be filed in the file book.52. Institution of proceedings in court.
- Every proceeding may be instituted in any revenue court by presenting the plaint, application or appeal before the presiding officer of the court having jurisdiction in the matter.53. Institution in case of absence of the presiding officer.
- During the absence of the Presiding Officer from his headquarters, such plaint, application or appeal may be presented to the officer incharge of such office or to such other officer as may be appointed in this behalf:Provided that where a date has been fixed for hearing of a case an application relating to any matter connected with the conduct of the case or any proceeding in connection therewith, shall not be presented to any authority other than the court itself.54. Particulars to be noted on presentation application etc.
- When any plaint, memorandum or application or any pleading has been presented there shall be entered on its back by the officer mentioned in paragraphs 52 and 53 :-55. Examination of plaint or application when received.
- When a plaint or application is received and before the defendant is summoned, the Reader or the Ahalmad shall carefully examine and report the following points :-56. Appearance to be through recognised Agents.
- Any appearance or act in any Revenue Court required or authorised by any law to be made or done by a party in such a court may, except when otherwise expressly provided by any law for the time being in force, be made or done by the party in person or by his recognised agent or by a legal practitioner or a Revenue agent appearing or acting as the case may be on his behalf:Provided that such appearance shall if the court so directs be made by the party in person.57. No party to be ordered in person unless residing within certain limits.
- No party shall be ordered to appear in person unless he resides-58. Personal attendance not to be insisted on.
- The personal appearance of plaintiff or defendant should not be insisted on when there is reason to believe that he is not personally acquainted with the material facts.59. Personal attendance of the parties.
60. Legal practitioner acting for any one should file a Vakalatnama.
- No legal practitioner shall act for any person in a court, unless he has been appointed for the purpose by such person by Vakalatnama signed by such person or by his recognised agent or by some other person duly authorised by or under a power of attorney to make such appointment:Provided that 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 later filing a Vakalatnama or Mukhtarnama and the fees to whomsoever paid, shall, if duly certified, be taxable costs.Note:-A legal practitioner shall not be deemed to act if he only pleads, in the later case he should file a memorandum of appearance as required under Rule 4(5) of Order 111 of Schedule I to the Code of Civil Procedure, 1908.60A. [ Government pleader not required to file Vakalatnama. - No Government Pleader shall be required to present any document empowering him to act. but such pleader shall file a memorandum of appearance as required under Rule 4(5) of Order III of Schedule I to the Code of Civil Procedure, 1908.
Explanation-For the purposes of this Rule 'Government Pleader' shall have the meaning assigned to it by Order 27 Rule 8B of the Code of Civil Procedure. 1908] [Whole of the Rule 60A was newly added by Notification No. F 203/dudi/BR/Ml.SC/75 d. 27-7-1976. vide GSR 59. Published in Rajasthan Gazette Part 4-C clause 19-8-1976. page 245=1976 RSCS 617.],61. Registered clerks of practicing lawyers.
- Revenue Courts shall allow the registered clerks of lawyers practicing before them-61A. [ The provision of Chapter 15 of Part I shall be applicable mutatis mutandis regarding Advocates' Clerks.
61B.
-In case of several courts, the clerks to be registered in the senior most Court.-When several Revenue 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 Revenue Courts every quarter for their information.] [Notification dated 2-8-1989, Published in Rajpatra part IV(ga). dated 24-8-1989. page 202:]62. 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 in Hindi written in the Devnagari script. The translation shall bear a certificate of the party's lawyer to the effect that the translation is correct. If the party is not represented by a lawyer, the court shall have the translation certified by any person appointed by it in this behalf at the cost of the party concerned.63. 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 back of the document by the opposite party's lawyer. If the opposite party is not represented by a lawyer, the court shall get admission or denial recorded by the party in its presence and may, for the purpose, examine the party.64. List to accompany all documents whenever filed.
- The document to be produced in a case shall be entered in a list to be filed in the court and no document whensoever produced, shall be received unless so entered. The list as well as the document shall be immediately entered in the general index.65. Statement about erasures and admissions.
- Whenever any private document, other than a registered document or certificate copy, containing erasures, additions or inter lineations is produced by a party to a case it shall be accompanied by a statement clearly describing each such erasure addition or inter lineation, and signed by such party. Reference to such statement shall be made in the list with which the paper is filed.66. 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 equal to the size of the record, and the margin of the paper should be stitched to the file so that no part of the document is concealed by the stitching. If a document contains writing both on the front and the back it should be kept in a separate cover which should be stitched to the file at the proper place leaving the main document untouchedNote:-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 court impressed on them. Instructions from higher authority should be sought if necessary.67. Affidavit to accompany an application for production of a public record.
- When a party requires tire 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.68. Documents for production of which sanction 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 can not 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 summons.69. Production of documents in the custody of Police.
- A summon 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.70. Production of Municipal and District Board's record.
- When duly authenticated and certified copies of documents in the possession of Municipal and District Boards are admissible in evidence, the court shall not send for the original records unless, after perusal of copies filed, the court is satisfied that the production of the original is absolutely necessary.71. Post Office record not to be unnecessarily disclosed.
- 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 or portions which seem to the court necessary for the determination of the case then before it.72. Settlement records.
- When a court requires the production of any settlement record in which the Settlement Officer acted in a judicial capacity, it shall be summoned in the manner provided by Order XIII. Rule 10. In other cases the procedure prescribed in Order XVI, Rule 6 shall be followed.73. Summons to produce settlement record.
- The summons to produce such documents shall be issued to the Collector or the Settlement Officer having custody of the record, who may send the document by messenger or registered post.74. 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 requisitions for records, shall be paid ordinarily by the party at whose instance the expense is incurred.75. 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 the proceedings in the case to which the document refers.75A. [ - When in a suit, appeal or application, any party has filed an application for the grant of temporary injunction or appointment of receiver before any revenue court or officer, the same shall be registered as a miscellaneous case and the parties who want to rely upon any document in support of such application shall produce such documents in original or certified copy thereof to be kept on the file of the miscellaneous case and no appellate or revisional court would consider any document the original or certified copy of which has not been produced and filed in such case as aforesaid.] [Inserted by Notification dated 2-3-1986. Published in Rajpatra part IV(ga). dated 10-4 1986. page 4:]
76. Documents produced how to be dealt with.
- All documents produced must be received by the court and must be dealt with in one or other of the following ways, viz:-77. Duty of court upon production of document.
- The court shall inspect and consider all documents as soon as possible after issues are framed and before evidence is produced, as shall-78. 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 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, whether he denies the correctness of the copy as well as of the document itself.79. Proper expression about admission 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".80. Endorsement on documents in suits compromised or dismissed for default.
- Document filed in the suits which are dismissed for default or compromised shall be endorsed with the particulars mentioned in Order XIII. Rule 4(i).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.81. Marking of documents of 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 of the same account book the whole series should bear one figure or capital letter a small figure or letter in brackets being added to distinguish each paper of the series.82. Return of certain documents.
- A document which is rejected as irrelevant or otherwise inadmissible under Order XIII, Rule 8. be returned to the person producing it or to his pleader, and such person or pleader shall give a receipt for the same. A pleader is bound to take back a document when ordered by the court to do so.83. Retention of impounded and certain other documents.
- Documents impounded shall be dealt with in accordance with Order XIII. Rule 8. and the word 'impounded' should be noted in red ink across appropriate columns of the list of documents filed.84. Marking of documents on refusal by party and his pleaders.
- Should either party or his pleader 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", as note of the same being made in appropriate column of the list of documents filed.85. Care of impounded documents.
- No document which the court has ordered to be impounded or which is required by law to be tiled and preserved 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 (i).86. Time for the return of documents.
- With reference to Order XIII, Rule (1) (b), 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.87. 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 costs incurred in proving it, irrespective of the result of the suit or proceeding.88. Return of documents.
- A general notice shall be pasted in a conspicuous part of every court house, giving warning that all documents filed in any suit or proceeding which may legally be returned, must be withdrawn as soon as the decree or order made in the suit or proceeding has become final or after four months of the decree or order, whichever, is longer, and that if they are not so withdrawn, they will remain at the risk of the person concerned.89. Books of business.
- If a document be an entry in a letter book a Shop Book, or other account in correct use of an entry in a public record produced from a public office or by 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 5.90. Issues to be framed the same day the written statements are filed.
- Issues shall be framed so far as possible the same day the written statements are filed.91. Properties issues.
- Each issue shall be single, material and certain in its quality. It should not be vague and unnecessarily wide.92. Issues of facts and law.
- Issues of law and fact should be separately framed. Mixed issues of law and fact should be carefully avoided. Each issue should be clearly marked as one of 'fact' or 'law and the party on whom lies the burden of proof should be stated. Issues of law shall be framed in a general form and shall be discussed as an abstract question of law quite apart from the facts of a particular case in which such issues arise.93. Language to be used in framing issues.
- The fixing an issue of fact the most precise, accurate, and specific language should be used regarding time, place, persons, things and circumstances when ever material. In fixing an issue of law the language shall be accurate, technical, and precise so that the issue may be capable of being understood and answered, without further explanation by one learned in the law. It is not necessary to frame issues which do not affect the final order in the suit.Illustration-The issues plaintiffs title superior to defendant is incapable of being understood or answered, but the issue 'under the Hindu Law of Inheritance does a brother exclude a brother's son' refer directly to the law in question and is not open to this objection.94. Prohibition of Commissions fees to Government Officers.
- The acceptance by Revenue Officers or Ministerial Officers of courts of fees for executing commissions is prohibited.95. Commission not to be issued to Collector or any Officer sub
- No commission shall issue to a Collector or to any officer subordinate to a Collector unless the consent of the Collector has been obtained previously. Readers. Nazirs. Copyists. Ahalinads, Pleaders. Clerks and Petition-writers shall not be employed as Commissioners.96. [ List of Commissioners. - Every Collector shall maintain a list of legal practitioners and retired Officers authorised to execute commission for each place where any Revenue Court or Courts is/are located. The retired officers to be included in the list should have experience of working as Presiding Officers of Revenue or Civil Courts. The list may be divided into three parts, namely for examination of witnesses, for accounts and for all other purposes] [Substituted by Notification dated 3-12-1993. Published in Rajpatra part IV(ga), Extraordinary, dated 8-12-1993. page 147(1).].
97. Commissions for survey and accounts.
- Care shall be taken to include in the list of commissioners for survey and accounts only those who are conversant with such work.98. List of Commissioners to be maintained by the District Office.
- The list of Commissioners shall be maintained in the office of the Collector at the headquarters and of the Senior most Revenue Officer at other places, and all commissions, issued shall be entered in it Commissions shall be issued in strict order of rotation in respect of each part unless there are reasons to the contrary.99. Commission not to be issued to any other person and revision of the list.
- No commission shall be issued any person whose name is not entered in these lists except for several reasons. The lists shall be revised once a year.100. [ Commission to be issued to whom. - A Commission for the examination of a witness (including one for the administration of a special oath) shall ordinarily be issued to a person included in the list referred to in rule 96:
Provided that commission shall not be issued for the examination of the plaintiff or the defendant] [Substituted by Notification dated 3-12-1993. Published in Rajpatra part IV(ga), Extraordinary, dated 8-12-1993. page 147(1).].101. [ Commission for local investigation and for cases requiring special and technical knowledge. - A commission for making a local investigation necessitating the taking of evidence shall ordinarily be issued to a person included in the list referred to in rule 96 and in cases requiring some special and technical knowledge to a person possessing the necessary special and technical knowledge] [Substituted by Notification dated 3-12-1993. Published in Rajpatra part IV(ga), Extraordinary, dated 8-12-1993. page 147(1).].
102. Commission to examine accounts.
- A commission to examine accounts may be issued to any person (including a legal practitioner) who is a competent Accountant.103. Fee for the issue of a Commission.
- 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. But in no case it shall be excessive.104. Additional expenses and protracted investigation.
- In the base of protracted investigation, which extends beyond the time originally calculated, the court may suspend the commission until a further sum sufficient to cover the additional expenses is paid into court.105. [ Remuneration to examine a witness. - For the remuneration of a Commissioner to examine a witness, the Court shall require the party on whose behalf the witness is to be examined to pay a fee of rupees 20/- for each witness] [ Substituted by Notification dated 3-12-1993. Published in Rajpatra part IV(ga), Extraordinary, dated 8-12-1993. page 147(1).].
106. Additional remuneration when commission can not be executed.
- 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 having regard to the time spent by the Commissioner.107. Particulars to be given in the order for local investigation.
- When issuing a commission for making a local investigation under Order XXVI, Rule 9. the court shall define the points on which the Commissioner has to report. No point which can conveniently mid ought to be substantiated by the parties by evidence at the trial shall be referred to the Commissioner.108. Time for execution of Commission.
- 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.109. Payment in advance of expenses for issue of commission.
110. Commissioner's responsibility.
- 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.111. Local inspection by Presiding Officer.
- When a Presiding Officer of a court considers it necessary to make 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 impression received in the course thereof which are likely to affect its decision in the case. This note shall as far as possible be prepared in the presence of parties or their counsel. Where this is not possible the parties or their counsel shall be informed of it.112. Date once fixed to be adhered to.
- A date for hearing, once fixed, shall, so far as practicable, be strictly adhered to. and no adjournment shall be granted except for good cause. In no case, when one of the parties is ready to proceed, should an adjournment be granted at the request of the opposite party, except on condition that a sum. commensurate with the costs which in the opinion of the court, the party ready to proceed has incurred on the date of the adjournment. be paid as and when directed by the court. The amount of costs for witnesses so paid shall not be taxed in the decree. In all cases when an adjournment, is granted, the Presiding Officer shall record his reasons.113. Carelessness or negligence not to be a good cause for adjournment.
- The fact, that a party is through carelessness or negligence not ready to go on with a suit, is not in itself good cause for adjournment.114. No adjournment for obtaining copies of document etc. to be granted.
- The rules regarding the filing of documents and exhibits should be strictly observed, and parties have no right to ask for adjournments in order to obtain copies of documents, if by the exercise of diligence they could have procured them in time.115. Calling a report from an Officer, no ground for adjournment.
- A hearing should not be adjourned to call for a written report from an officer of the court, unless such report be absolutely necessary and cannot be obtained the same day.116. Priority in cases to which Soldiers, Sailors or Airmen are parties.
- No case in which witnesses are present shall he 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 justice117. 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 reason.118. Priority to cases (Un-contested).
- A Presiding Officer before beginning his work for the day shall go through the cause list and ordinarily dispose of all un-contested work first, and then begin the contested work.119. Fixing of dates.
- The first date of hearing in a case shall not ordinarily be fixed more than two months ahead. But in a case in which the Government, the Court of Wards, or any Railway Administration is a party, the date for the first hearing shall be fixed for a day not less than two months after the institution of the suit: and if necessary, the date of hearing may be changed if counsel can show that instructions have not been received or that sufficient time for instructions and necessary inquiries have not been allowed.120. Fixing of dates for final hearing.
- Before fixing a date for final hearing the Presiding Officer, shall after consulting pleaders for both sides, if necessary make a reasonable estimate as to the time required for the disposal of each particular case.121. Party's fault in non-service of summons on witnesses.
- 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.122. Duty of parties to procure service of summon on witness.
- 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 to apply for the issue of summons 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.123. Procedure when summons returned unserved for wrong or insufficient address of a witness.
- 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 issue of the former summons, and also that the evidence of the witness is really material.124. Witnesses in attendance to be examined
- On the day fixed for recording the evidence of witnesses, the evidence of all witnesses in attendance shall, so far as it possible, be recorded. That some witnesses have not attended is no reason for not recording the evidence of those in attendance. If the examination of all the witnesses is not concluded on the same day. it shall be proceeded with, if possible from day to day.125. Mode of recording judgments.
- To each judgment shall be prefixed a heading specifying the number of the case and the names of all the parties.126. Judgment or final order not to be written on order-sheet.
- 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.127. Judgment to be written or dictated and signed and attested by the Presiding Officer.
- A judgment may be written or type written or dictated but every pages of the record of a judgment, not in the handwriting of the Presiding Officer shall be attested by the Presiding Officer's signatures.128. Provision of law in certain judgment.
- 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, order and rule of the relevant law under which the judgment or order is passed.129. Reference in judgments to parties and witnesses.
- A reference to a party or a witness shall be name and number, and not merely by number like PW 1 or Defendant 1Judgments shall contain words in full and not in abbreviated forms except where the abbreviations are well recognised and are in common use, such as a.m. p.m. e.g.130. Presiding Officer may take record out of courts.
- Presiding Officers may take record 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 clerks having custody of the record at the time. Records thus taken out of office must be returned as soon as possible.131. Judgment not to be delayed.
- A judgment shall be delivered within a reasonable time after the close of the case which shall not ordinarily,exceed one month.132. Completed cases to be decided by the officer before proceeding on transfer.
- When a Presiding Officer is transferred he shall write out judgments in all cases ripe for decision. When he cannot do so. he shall take the record to his new Station and there finish the judgment and after finishing the judgment then return the record to his successor who shall pronounce them. If owing to the bulk of the record or other important reasons, it be not considered desirable that he should take it with him. the judgment must be written before the transfer takes place.133. Decree to be self contained.
- Every decree and other shall be drawn up in such a manner that in order to the understanding find execution thereof, if may not be necessary to refer to any other document or paper whatever, which is not made part of the decree or order.134. Prescribed forms of decrees.
- In all cases in which the form of a decree has been prescribed as far as possible, in the form so prescribed.135. Taxing of Diet money of witnesses.
- In taxing costs the diet money of only such witnesses as are actually examined shall he included unless the court direct otherwise136. Drawing up to decrees.
- The decree or formal order shall be drawn up 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.137. Contents of decrees (original).
- The Presiding Officer shall see that the decree or formal order drawn up specifies clearly the relief granted or other determination of the case and contains definite particulars of the claim138. Contents of appellate decrees.
- 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 Presiding Officer shall satisfy himself before signing the decree that the relief thus specified has been embodied in the decree.139. 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 sent 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.140. Judgments of the court of first instance.
141. Judgments of appellate courts.
- The judgment of an appellate court should after giving a general narrative of the case state the particular points raised before the court in appeal. It should then contain the appellate court's findings on each point separately after considering (1) the views of the lower courts; (2) the arguments of the counsel appearing before the appellate court and (3) the evidence on record. The judgment should then state in clear terms whether the appeal is dismissed or allowed and where the decree appealed from is reversed or varied it should also state clearly the relief which is to be given to the appellant.Note: Bare and long summaries of the arguments of counsel and depositions of witnesses should not be given in the body of the judgment.A court of first appeal must subject the evidence on record regarding the points raised before it in appeal to a fresh examination independently of the appraisement of the evidence by the trial court and its judgment must show that it has done so.142. Orders involving change in Patwari's papers.
- In any case in which the effect of the order or decree passed involves a change in the partwari's records the court shall drawn up a separate order in the prescribed form giving full details of the entries to be made and entries to be expunged and direct the Tehsildar to have the new entries recorded in the patwari's papers. This order shall be forwarded to the Tehsildar in duplicate, the duplicate copy being prepared with a carbon paper.The same rule applies to all appellate courts who when transmitting to the lower court a copy of the order passed in appeal, shall attach thereto the order on the prescribed form to which effect is intended to be given provided that when the appellate court merely cancels without altering the order passed by the lower court, it shall be sufficient to give the number and the date of the order of the lower court which is cancelled. This order in the prescribed form shall be forwarded to the Tehsildar by the Ahalinad of the original court in duplicate, for necessary action as regards the records.An entry to the effect that the form duly filled in has been despatched to the Tehsildar or lower court, as the case may be, shall be made by the Ahalmad or other officer of the court or the order sheet and the file will not be consigned to the record room till a copy of this form has been returned by the Tehsildar with a note that the order contained therein has been communicated to the Office Kanungo (Land Records Inspector) concerned and that he has pasted a copy of the order for necessary action in his Order Book .143. Cost to be included in decrees.
- When in a suit, appeal, or other proceeding, a party is only partly successful, and costs are ordered to be paid in proportion to the success of the party in such suit, appeal or other proceeding, the amount of all taxable costs shall be proportionately reduced.All decrees shall include the amount of past interest allowed by the court.In all decrees passed by Revenue Courts, a fee equal to one- eighth of the amount of process fees under realised articles 1 and 2 of the table of fees given in rule (305 of Part II) of the Revenue Court Manual, shall be entered as the tee chargeable by one party against another for costs of drawing the summonses/notices.In all decrees of Revenue courts the following shall be taxed as costs for drawing up a plaint, written statement or a re-joinder in case it has been written by a petition writer:-I. Where the valuation of a suit does not exceed Rs. 50-annas 4.II. Where the valuation of a suit exceeds Rs. 50 but not exceed Rs. 250-annas 8.III. Where the valuation of a suit exceeds Rs. 250-Rs. 1.IV. Every other suit where it is not possible to estimate at a money value the subject matter in dispute-annas 8.Chapter III
(A) (A)-Summons and other process (General)
144. Parties to fill summons.
- 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 Dev Nagri Script, 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.145. Dates to be filed by Office.
- In summonses and notices the date of appearance/hearing and the date of issue shall be filled up by the office of the court and Presiding Office or the Reader, to whom such authority may have been delegated, shall sign the summons/notice and also put the date of signature.146. 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 agent or pleader shall sign the form in the left bottom corner, and will be responsible for the accuracy of the information entered in the forms.147. Process to contain name of the issuing courts.
- In every process or order, issued or made, the names of the court and the officer issuing or making it. and of the place and the district where the court locates, shall be legibly written at the top148. Signing of process
- In all cases all Presiding Officers and Readers shall sign their names distinctly and legibly. No such signature shall be made by means of a stamp.149. Form of process.
- Where there are printed forms available for any process, such form shall invariably be used. Where there is a prescribed form but no printed copies are available a process shall be written in the 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.150. When translation to accompany process sent to other courts.
- Where a process is sent to the court of a State where Hindi language is not in ordinary official use, a translation, certified by the transmitting court to be correct, into English may be substituted.151. Cost of printed saleable forms to be taxed in decrees.
- Cost of printed saleable forms filed by the parties shall be taxed in all decrees.152. Contents of Process.
- Before issuing a process, the issuing officer shall satisfy himself that such description of the person for whom the process is intended or in respect of whom or whose person or property it is issued, is entered herein as will enable the process-server without risk of mistake to identify such person or property The name, father's name, occupation, district, Mohalla. (if any village or town shall be set forth in the process. Where such description does not appear in the application of the person moving the court to issue the process or in the record, the court shall pass necessary orders.153. 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.154. Payment of process fees and other expenses.
- Except in so far as is otherwise provided by any rule or specially ordered by a court, no process shall be drawn up or issued for service or execution, as the case may be, until the fee chargeable under these rules has been paid in court-fee stamps.155. Process fees for notice in execution cases.
- 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.156. Process fee deposited in previous execution not to be used in later execution.
- When an applicant 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.157. Postage for sending processes.
- No charge for postage for transmission of process from one court to another shall be levied from the parties, postal charges paid by means of service postage stamps by the Court forwarding or making return.158. Endorsement on process sent to other courts.
- 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.159. Service of process from other courts.
- When a process bearing 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.160. Particulars in record of courts returning summons.
- The courts to which the summons has been sent under order V and 21, shall retransmit to the court by which it was issued together with-161. Process for service by foreign countries.
- A process meant for service in foreign or common wealth shall be sent through the Board of Revenue to the Ministry of External Affairs and Common Wealth Relations Government of India.162. Directions for processes to be sent to foreign courts.
- The following directions shall be carefully complied with then any process are to be issued for service in foreign countries (i.e. a State or country outside India):-163. Deposit of expenses in summons to be sent to foreign countries.
- Where a process is issued to any court outside India the court issuing the process shall require the party at whose 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 such Court, together with, in the case of summons to a witness, reasonable travelling and other expenses.164. Process to be executed on receipt of expenses.
- 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-fee-stamps to be affixed to the process.164A.
- When any party or his agent presents an application for summoning witnesses, the court shall pass an order directing the clerk concerned to receive payment and return the application to the party concerned with orders that the diet money and other expenses should be paid direct by the party himself to the clerk concerned or his assistant, as the case may be. The clerk concerned shall certify the receipt of the said money together with the number of deposit his register No maintained under paragraph Revenue Manual on the application and return it to the court. On receipt of the clerk concerned report the court shall proceed for with to issue the summons.165. 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. In such cases, sufficient time shall be given to admit of arrangements being made for the relief of the person summoned.166. Summons to public Officers.
- A summons/notice to a public officer as defendant or as witness shall ordinarily be sent for service to the head of the office in which he is employed.167. Intimation to Head of Office when summons sent to public servant.
- In every case where a court sees fit to issue a summons direct to any public officer as witness, simultaneously with the issue of the summons/notice in the prescribed form 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.168. Intimation to Head of Office when summons sent to public Officer
- Where a public officer or soldier, sailor or airman has been summoned under Order V. rule 4. to appear in person through the Head of the Office or the Commanding Officer, in the forwarding letter or in a note on the summons, it shall be stated that the summons should be regarded by such Head of the Office or Commanding Officer also as notice to make arrangements for the performance of the duties of such public officer or soldier, sailor or airman during his absence.169. Public Officer summoned for personal appearance.
- Neither of the preceding two rules shall apply where an officer or a soldier, sailor or airman in the Military. Naval or Air Forces of the Union of India or a Public Officer is summoned as a defendant under Order V, rule 1. In such cases he shall make his own arrangement, if he wishes to appear in court in person.170. 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.171. Warrant of arrest of public servants or Railway servants.
- No warrant of arrest shall ordinarily be executed against any Government servant until notice of the intended arrest has been given to the Head of his Office.No warrant of arrest shall be executed against any railway servant or any person working in a railway in the service of a contractor till notice of the intended arrest has been given to the proper office of the railway or to the contractor or his representative.172. Service of summons through Tehsils.
- The service of process issued by Revenue Courts shall ordinarily be done through the Tehsil concerned.The Tehsildar shall make the best arrangement possible for the registration and prompt service of process.173. Issue of Emergent Processes.
- Emergent processes shall be issued for service on the day they are received, or at the most on the next day.174. Diaries of process servers.
- Every process server shall keep a diary wherein shall be recorded day by day. the time, period and purpose of his attendance, the duties performed, places visited by him together with the time spent there and stopping place for the night. He will obtain the signatures of the patwari or other respectable person of the places visited in attestation of the entries made by him.175. Service by special messenger.
- A process may be executed by a special messenger in a case in which the court either suo moto 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 executed by a special messenger. A special fee shall be payable for such 'emergent service'. The court shall, at the time passing the order, declare by whom the fee shall be paid and whether it shall be included in the costs of the suit or be charged to a particular party.176. Tonga hire for emergent service.
- In addition to the special fee payable for an emergent process, the court may direct payment by the party concerned of requisite railway fare, tonga hire or any other incidental charges.177. Prompt service of processes.
- The prompt issue and service of all summonses to witnesses shall be arranged having regard to the dates fixed for the attendance of such witnesses.178. Mode of service of processes.
- The provisions of the Code relating to the sendee of summonses 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 and also Order 111 rule 5.The process server should as far as possible prepare his report on the spot, and attestation of the service should be obtained where-ever possible from two respectable residents of the locality in a town or from landlords, headmen, patwaris or neighbours in a village.Note:-It should be impressed upon the process serves 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 headman, patwari, chowkidar. etc., to find out the person on whom the process is to be served.179. Service by publication.
- Recourse to the mode of substituted service by publication in a newspaper shall be had only when sendee by any other method is considered impracticable.A careful discretion shall be exercised in selecting the paper in which the publication is to be made. Such papers only should be chosen as are likely so be read by the person to be served.Chapter IV
Arrangement, Preservation and Distribution of Records
180. Particulars to be shown on the title page of a record or a 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 Sarwaraka) showing the following particulars :-1. Name of Court,
2. Kind case,
3. Title of case.
4. Number and year of case,
5. Date of institution,
6. Date of disposal, and
7. Date of consignment to Record Room.
181. Keeping of parts of a record.
- When a record is divided into parts whether each part shall be kept in a separate file or whether two or more or all the parts of a record shall be stitched together in one file, shall be determined in each case having regard to the nature of the case and the size which the record is likely to attain.182. Recording of proceedings, depositions and reports in the Record.
- 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.The practice of writing orders, reports Sarishta. or other matters across the top and along the side of a page is forbidden.183. General Index.
- As each case is instituted, the clerk in charge of the record shall prepare a general index 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.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 opposite the entry relating to such document.184. Order sheet.
- An order sheet in the prescribed form shall be maintained as the second paper of the record in every suit or caseWith a view to showing the course of a case from first to last, it shall contain-185. Contents of Order Sheet.
- The expression 'material event' occurring in the case shall, without prejudice to its generality, be held to include-186. Entries in 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 signature or initials of the Presiding Officer.187. Order requiring reasons should not be written on order sheet.
- An order the reasons for which require to be recorded at length shall not be written on the order sheet, but a note of the order and of the date on which it was made shall be entered in it There shall be separate entry in the order sheet for each distinct order or event. Each separate entry shall bear a serial number and where such entry is a reference to a record appearing elsewhere on the file, its serial number shall be noted on such record.188. Information to and signature of parties.
- Orders fixing dates or adjourned dates for hearing or directing anything to be done by the parties or their pleaders whether recorded in the order sheet or elsewhere shall so far as possible, be signed then and there by the parties or their pleaders.189. Arrangement of Revenue Records.
- The record of a suit shall be arranged in four parts. A. B. C and D :Part A – shall contain the following papers :-
Part B – shall contain the following papers :-
Part C – shall contain the following papers :-
Part D – shall contain the following papers :-
(a)Index of papers.(b)All summons, processes, returns thereto, list 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 record and papers relating thereto.190. Arrangement of papers in each part.
- The papers in each part of a record shall be arranged in the order in which they are set forth above. 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.191. Record of a Revenue Appeal.
- The record of an appeal case shall be arranged in four parts - A, B. C and D.Part A – shall contain the following papers :-
Part B – . C and D shall be arranged in the same manner as an original case.
192. Record of an execution case.
- The record of an execution case shall be arranged in two parts A and B.Part A – shall contain the following papers
Part B – shall contain the following papers :-
(a)Index of papers, and(b)All papers not contained in Part A.193. Record of an investigation.
- The record of an investigation into a claim or objection preferred during execution proceedings shall be separately complied and arranged as the record of an original case.194. Paper taken out to be replaced with a copy.
- When a document in any record 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.Before a record or part of record is deposited in the record room, the record-keeper shall compare the entries in the index and record a certificate in the following form at the foot of the general indexI have this day of...............examined the papers in this part and find them to correspond with 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 record has been taken from the record into court and any fresh papers have been added to it. the record-keeper shall, before the 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 onlyChapter V
Execution
195. Prompt disposal of execution cases.
- Every Presiding Officer shall see that the execution cases are not neglected or needlessly prolong but are disposed of with the same care and regularity as original suits. Sufficient time should be allowed for the execution of all processes, warrants and orders issued which shall be drawn up in the execution department in strict rotation except in special cases under written orders of the Presiding Officer Processes and orders ordered to be given Dasti' to a party or counsel shall be promptly prepared and given out the same day or next day in court through the ReaderThe Presiding Officer shall see that the order issued by him are carried out and frequent or habitual carelessness, unpunctuality or procrastination in the execution department should be adequately punished.An order staying execution shall be promptly complied. If execution has taken place, there shall be no restitution in pursuance of the order of stay.196. Copy of decree need not accompany execution application.
- The application for execution of a decree excepting the first application, need not be accompanied by a copy of the decree sought to be executed. But an application for an order for the sale under Order XXI. Rule 66(3) of the Code, shall invariably be accompanied by a verified statement containing all information the decree holder can ascertain from the Collectors register and all other sources bearing upon the matters specified in sub-rule (2) of Order XXI rule 66.197. Duty of Reader and Office.
- It shall be the duty of the Reader or Official concerned to receive applications for execution, and before putting up an application for orders, the office shall, by reference to its registers, ascertain and report whether the requirements of Order XXI, rule 11 to 14 applicable to the case have been complied with and the application is within time and jurisdiction.The office report shall state that the application is in order or if it be not in order, shall state the exact defect and how the defect should be remedied.The execution application should, as a rule, be put up before the Presiding Officer on the next working day.198. Serving endorsement on warrants.
- The Officer executing a warrant of arrest or attachment shall endorse on the warrant the fact of satisfaction of the decree in whole or in part only when the amount is paid to such officer himself or paid to the decree holder in his presence or agent in writing. If the decree holder or his counsel does not appear on the next date fixed for the case, the court shall record the decree satisfied to the extent of the payment made.199. Mode of certifying.
- A certificate in the form given below may be presented, under Order XXI. rule 2(1) of the Code to the court without any form a written application. Such certificate need not be stamped Should the certificate accompany a formal written application. such application shall be stamped under Court Fees Act. 1870 as adapted to Rajasthan, but the stamp shall not be charged as costs against the judgment debtor. The form of certificate shall be as follows:-| In the Court of | Of |
| .......................................Plaintiff | |
| Versus | |
| .................................Defendant. | |
| Suit No. …............. | of 19............. |
200. Posting of proclamations and orders.
- Copies of orders of attachment and proclamation of sale shall be so affixed with paste or gum that they may be maintained in a condition to attract the attention of those for whose information they are intended.201. Sale by court in execution of decree.
- Where property to be sold in execution of a decree is a garden or land occupied by a house or appurtenant thereto or movable property of any description or is any interest in such garden, land, or movable property, the court shall appoint an official to conduct the sale, unless special reasons render it necessary that other agency, should be employed: in which case reasons shall be set forth in the handwriting of the Presiding Officer in the order of appointment.202. Contents of sale certificate.
- A certificate issued under Order XXI. Rule 94 shall invariably contain the following particulars:-Chapter VI
Record Room and Preservation and Distribution of Records
203. Rack 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.204. Arrangement of record.
- 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 shall be kept in the same order in which the records of the corresponding original suits are kept.205. Transmission of record to the Record Room.
- At the beginning of even' month, the complete records of all suits, appeals and miscellaneous cases not relating to suits or other cases decided during the month shall be made up into a bundle, and on or before the twenty fifth day of the month they shall be transmitted to the record room, on such dates and in such manner as the Collector may from time to time by his order direct. Records of miscellaneous cases relating to other suits shall not be sent in the monthly bundle.N.B.-Records of cases in which proceedings are stayed or in which proceedings are held up for any reason shall not be consigned to the record room.Every subordinate court shall on the 28th of every month submit a certificate to the Collector to the effect that all records which should have been transmitted to the record room under the preceding para have been so transferred, or explain the cause of delay if any records have not been transmitted.If a completed record as 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 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 requisition under which it has been detained, or transmitted elsewhere: the record keeper shall deal with this as on original requisition206. 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 Reader of the court. A list shall be placed on the top of the records before the bundle is closed.207. Packing and transmission.
- Each bundle shall be seven up and sealed in the presence of the Reader of the Court. In outlying courts at places where there are no record rooms, the bundles of each class shall be sew up into one large bundle and placed in a strong tin lined 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.208. Procedure to be followed by Record-keeper
- With the bundle shall sent an invoice the upper portion of which shall be filled up in the court transmitting the record and shall be signed by the Reader of the court. On receipt of the bundle the record keeper, after comparing the entries in the invoice with the list accompanying the bundles and with the number of records of each class actually received and shall report the discrepancy for the orders of the Collector.209. Transmission of Registers and Books.
- The rules for the transmission of record shall apply mutatis mutandis to the transmission of registers and books.210. Bundles pending examination.
- The bundles of records as received by the record keeper shall, pending his examination under the next the be kept in racks set apart for the purpose.211. Record-keeper's examination of records received.
- As soon as may be after the bundles have been received, the record-keeper, himself or through his assistant record-keeper. shall compare the papers in each record with the general index and satisfy himself:-1. that the papers in the record correspond with those entered therein,
2. that each file contains the papers properly appertaining to it.
3. that documents in the record bear no blots, erasures or inter lineations, but those noted in the general index,
4. that the paper bear the stamp entered in Col. 6 of the general index.
5. that on each paper the number and aggregate value of the stamps on it have been recorded.
6. that the rules made by the Government for regulating the number of stamps to be used for denoting fees have been complied with.
7. that there is nothing suspicious in appearance of the stamps,
8. that all orders have been duly signed, and
9. that all necessary receipts are in the record.
212. Record-keeper's certificate of correctness.
- If the record be found to be m order, the 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 Collector, and the report with all other papers consequent on it shall, after being entered in the general index, be filed with the record.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 an assistant record-keeper.213. 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.214. Lists 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 of each class of record shall be separately bound up for each court so as to constitute registers of decided cases. No other register of decided cases shall be kept up in the record room.If any calendar year the number of sheets in any list is so small, the list may be bound up at the end of 2 to 5 calendar years as convenient.215. Arrangement of record and bundles.
- The records of miscellaneous cases relating to other cases will be put up with the connected cases.The record of miscellaneous cases not relating to other cases shall be in separate bundles.216. Treatment of miscellaneous relating to pending cases.
- When the order cases to which a miscellaneous case disposed of in any month relates is pending the record of the miscellaneous cases will be put up with that of the other case by the proper officer of the record217. Arrangement of records and labelling of bundles
- In the bundles the records shall be kept according to their serial number in the list or register of disposed of cases, the bundles shall be arranged so as to secure facility of access to the more recent records.On such bundles shall be painted, by means of a stencil plate or otherwise the year and month and the class of record: and to each bundle shall be attached a lable showing their serial numbers the earliest and latest records, for the time being.belonging to that bundle.The Collector may assign different coloured bastas to the different courts from which records are received.218. Period of retention of books and registers in Courts before consignment to record room.
- The following registers and books shall be retained for the period specified against each:-| Description of register or book. | Period of retention in the court. |
| 1. Despatch | One year after completion |
| 2. Register of miscellaneous judicial cases not relating tosuits or other cases. | One year after completion |
| 3. Register of receipts of deposits | Three years after the items recorded in the register havebeen disposed of. |
| 4. Register of petty receipts and repayments. | -do- |
| 5. Register of application for execution of decrees andorders. | -do- |
| 6. Register of Revenue appeals or applications for review. | Fifteen years after completion. |
219. Period of retention of papers.
- The following papers shall be destroyed on the expiration of the periods specified against them computed from 1st January of the year succeeding that to which they relate:-| No. | Description of the paper | Period of retention |
| 1. | Counterfoils of receipts granted for payment into Board. | One year |
| 2. | Periodical statements, returns, office copies of the same,except annual returns and statements. | -do- |
| 3. | Proceedings of other courts and offices forwarding summons,notices proclamations and the like. | -do- |
| 4. | Proceedings of lower Courts calling for records asking forinformation and the like | -do- |
| 5. | Reports from ministerial officers not relating to particularsuits or cases. | -do- |
| 6. | Applications for leave or from candidates for employment orany other proceedings, reports or applications not relating toparticular suits or cases. | -do- |
| 7. | File Books of applications for search. | -do- |
| 8. | Application for renewal of certificates of pleaders andcancelled certificates. | -do- |
| 9. | Counterfoils of certificates for refund of payments of courtfees | -do- |
| 10. | Treasury Challans for salable forms. | Six account years. |
| 11. | Counterfoils of repayment order books. | Twelve years. |
220. Period of retention to book.
- The following books shall be retained for the periods specified against them| No. | Description of the paper | Period of retention of book |
| 1. | Register showing the classification and value of suitsinstituted. | One year |
| 2. | Memorandum book of dates. | –do– |
| 3. | Register of proceedings taken in execution of order receivedfrom the Board. | –do– |
| 4. | Despatch Register. | –do– |
| 5. | Process Register. | –do– |
| 6. | Process Servers diary. | –do– |
| 7. | Register of sanctioned estimates for maps and plans. | –do– |
| 8. | Register of fines, stamps, duties and penalties levied. | –do– |
| 9. | Peon book or Station Dak Book. | –do– |
| 10. | Register of applications for copies. | –do– |
| 11. | Inspection register. | –do– |
| 12. | List of unexpended petty deposits. | –do– |
| 13. | Travelling Allowance Bill book. | Three years. |
| 14. | Day Book. | –do– |
| 15. | Register of court-fees and process-fees. | –do– |
| 16. | Stock book of printed forms. | –do– |
| 17. | Register of casual leave. | –do– |
| 18. | Out-station dak book or service postage stamps account book. | –do– |
| 19. | Office copies of lists of lapsed deposits and clearanceregister. | Three years of the close of the account year to which theyrelate. |
| 20. | Stationery register. | Three years (after completion). |
| 21. | Register of contingent charges. | Five years. |
| 22. | Acquittance roll books. | Five years (After completion). |
| 23. | Register of original suits disposed of. | Six years. |
| 24. | Register of disposal of applications for executions ofdecrees and records. | –do– |
| 25. | Register of requisitions for for records. | –do– |
| 26. | Register of appeals from decrees disposed of. | –do– |
| 27. | Cash Book. | Twelve years. |
| 28. | Register of miscellaneous cases, Judicial. | –do– |
| 29. | Register of circulars received | Twenty years |
| 30. | Register of returned documents | Thirty years. |
| 31. | Register of applications for execution of decrees and orders. | –do– |
| 32. | Register of decided cases. | –do– |
| 33. | Register of receipts of deposits. | –do– |
| 34. | Register of repayments of deposits | –do– |
| 35. | Register of letters received. | |
| 36. | Register of letter issued. | –do– |
| 37. | Register of miscellaneous Judicial cases not relating toanother cases. | Fifty years. |
| 38. | Register of miscellaneous appeals | –do– |
| 39. | Register of pleaders enrolled. | –do– |
| 40. | Register of appeals from decrees. | Sixty years |
| 41. | File index | Permanently |
| 42. | Catalogue | –do– |
| 43. | Stock register of furniture. | –do– |
| 44. | List of registers cosigned to the record room. | –do– |
| 45. | File books of standing orders and circulars. | Permanently |
Chapter VII
Production, Return and Transmission of Records
221. Prohibition against issue of Records.
- Ordinarily no record shall be issued except on the requisition of a Civil. Criminal or Revenue Court of the Government, of the Board of Revenue, of the Commissioner of the Division, or of the Commissioner Taxation and of the Inspector General of Registration and Stamps Collector and then only on an order of the Presiding Officer. In all other cases, before a record is issued, the orders of the Board of Revenue shall be taken on the subject.222. Form of requisition.
- Every requisition for a record or portion of a record shall be made in writing. It should be stated specifically in the requisition why certified copies obtained in the usual manner by the parties will not serve the purpose and that proper court fee has been realised.223. Requisition by Court Suo Motu.
- When a requisition for a record is made by a Court Suo Motu. the fact should be stated in the requisition and no charges levied from any party.224. Provision governing issue of Record.
- 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 or 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 of record room the applicant shall be entitled to have the copy returned to him on application for the same.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.225. 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 Board of Revenue, the Commissioner, the Collector or of the Presiding Officer of the Court in which the record is. The record-keeper or with the sanction of the Collector 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 portion under cover for transmission. The form of requisition received shall be placed in the bundle from which the record was taken.226. Register of requisitions.
- The record-keeper and the Reader of each court shall keep a register of requisitions for records and make necessary entries therein.227. 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 purposes of which the record or portion was sent for. and a copy of this form shall be returned with the record or portion. In the remarks column of such copy the Reader 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 of the part or portion228. Procedure on return of record.
- On receipt of the record or portion the record-keeper or Reader shall examine it and have it weighed, if it appears in fact and not open to suspicion, he shall then make it over to the clerk in charge of the records who shall forth with check the paper 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 acknowledgement. If the record is found to be in any way defective, a report shall be made without delay to the Presiding Officer.If any parcel received by a Reader appears to have been tampered with, he shall have it opened in the presence of and official of the post office or railway in accordance with the rules of those departments. He shall himself check the papers and if any appear to be missing, he shall at once bring the matter to the notice of the Presiding Officer.The Record-keeper or Reader shall then make necessary entries in the register of requisition and shall file the requisitions with the record or portion in its bundle. The copy of the form of transmission, returned with the record or portion shall then be destroyed.229. Check on delay in return of records
- Once every three months the record-keeper and the Reader of the Courts shall lay the register of requisitions before the Collector or the Presiding Officer for orders as to records or portions which have been issued more than three months and have not been returned.230. Records of the cases appealed to the Revenue Board.
- Records of cases appealed to the Board of Revenue shall be submitted forthwith on receipt of the precept calling for them: when the subordinate court is unable to comply with the time fixed for the purpose, it shall submit a report stating:1. the number of the Board of Revenue 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, and
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.231. Loss of Record.
- Whenever it is discovered that a record or portion of a record or a document on the file of a record is missing, the loss or theft shall be immediately reported in writing to the Collector in whose district the loss or theft has occurred, and in turn shall report the fact to the Board of Revenue and state the steps taken to try and recover the paper or papers missing.Transmission232. How to send records.
- The following instructions shall be observed in connection with the transmission of records to the Board of Revenue and with the transmission upon requisition of records from one court to another and from a record room to a court and vice versa:233. Application of preceding rules to production return and transmission of registers, books etc.
- The above rules will also apply to the production, return and transmission of registers, books etc.Chapter VIII
Inspection and Search of Records
234. Separate room for inspection.
- The Officer of each Court, or where there are centralised arrangements for the inspection of records of more than one court located at the same station, the senior most Revenue Officer shall where possible, allot a room for the inspection of records. Where there is no official appointed exclusively as an Inspection Clerk, he shall appoint the Copyist or one of the Clerks to perform the duties of the Inspection Clerk.235. Prohibition against giving surreptitious information.
- Ministerial officers and the inferior staff of the Court should be made to understand that no information or copy shall, in any circumstances, be given otherwise than as laid down in the rules and that surreptitious or gratuitous supply of information or copy gratuitous supply of information or copy is strictly forbidden.236. Application for information.
- Any person desiring to ascertain the serial number and date of institution of any suit or other registered particulars respecting a suit, or any proceedings therein or of any revenue proceedings, shall present or send by post to the court a written application stamped with a court fee label of four annas and giving the best particulars he can as to the year of institution and the names of parties. The Reader shall cause such application to be entered in a register and mark such application with a serial number and direct the officer-in-charge of the relevant register to make a search. The information, if obtainable, shall be given to the applicant in writing, signed by the official-in-charge of the register, within three days from the date of the receipt of the application. The information shall be sent by post, if necessary postal charges have been paid In case such information cannot be given within three days, the Reader shall forthwith, on the expiration of the said period, report in writing to the Presiding Officer for his orders, the cause of the non-compliance with the application. A printed copy of this Rule in Hindi shall be kept posted on the notice board in the conspicuous place in every court.After disposal the application for search shall be posted in a file-book in serial order. Each such file-book shall be consigned to the record room at the end of each calendar year.237. Obtaining information by means of written questions.
- It will also be open to a party to obtain information regarding any case by means of written questions. To an application for such information must be affixed for every question asked pertaining to the same case a court fee label of 2 annas, if the case is pending and of 4 annas if the case is decidedNote:-In no circumstances shall be right conferred by this rule be so exercised as to be in substitution of the method of obtaining more detailed information by an inspection of the record or by copies.238. Power of Presiding Officer to examine records.
- The Presiding Officer of a Court requiring to examine at his private residence a record of a case of bis court, may take charge of such record. The official in whose custody such record may be. shall enter in a register 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 by the said official.239. Papers in office not open to inspection.
- The papers other than those of a revenue record shall not be opened to inspection, except under an order in writing of the Presiding Officer made on an office report.240. Inspection of papers in office.
- No record or paper in the office in the custody of an officer of the Court shall be inspected by any person other than the Presiding Officer of the court, except under an order in writing signed by the officer: provided firstly that the Presiding Officer may. in his discretion, without making a written order in that behalf, permit a party to a suit 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 books of dates of hearing or peshi registers shall be made available for inspection free of charge, without any written application or order.241. Application for inspection.
- Except in the cases mentioned in the provisos to rule 240 no order for the inspection of a record or of any paper in a record or for the inspection of a book or register shall be made, except upon a written and duly stamped application: provided that no stamp shall be required in case of applications for inspection made on behalf of the Government.242. Application for inspection by party to a suit.
- Any party' to a suit, appeal or other proceeding in the court, and any such party's advocate, attorney or vakil, who has filed a document in writing as require by Order III. Rule 4 (1) of the Code may apply for an order to inspect the record, or any papers in such suit, appeal or other proceeding.243. Application for inspection by non party
- Any person, other than a person to whom rule 242 applies, may apply for an order for the inspection of a record or paper in a suit, appeal or other proceeding 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 with the application for inspection.244. Form and fees for application.
- Every application for inspection of record shall be in writing and shall set forth :-(a)the name and description of the applicant, and his position, (if any in the suit or proceedings):(b)the following particulars concerning the record of which inspection is desired-(i)Number and year of case.(ii)Name of court.(iii)Title of case, and(iv)Date of disposal when the case has been disposed of, find date of hearing when the case is pending.| (i) | Ordinary | Eight annas |
| (ii) | Urgent | One rupee |
245. Application for inspection by a party.
- Where a party to a case applies that any record, book or register, or set of books or register, be sent for and inspected during the hearing of the case, the applicant shall, on the application being granted, pay into court, a court-fee stamps of the value of one rupee for each such record, book or register or set of books or register. If for any reason, such record, book or register is not sent for inspection, the applicant shall be entitled to a refund of the inspection fee paid under this clause, less one anna in a rupee, provided the applies for such refund within three months from the date of the order granting the application for inspection.246. Court fee on inspection for registers.
- The application for inspection referred to 111 rules 242 to 245 shall have affixed to it court-fee labels of the aggregate value of eight annas for each and every register or record sought to be inspected.247. Inspection of records by legal practitioner's clerk forbidden.
- Inspection of record by legal practitioners clerk is not permitted. A registered (or recognised) clerk may be permitted to assist a legal practitioner in his inspection. Such clerk must, however, withdraw from the inspection room as soon as the legal practitioner cases inspecting.248. Day and hours of inspection.
- Every order for the inspection shall specify' the day on which inspection may be madeInspection on any one application shall be allowed for one day only between 12 noon to 3 P.M. or during morning hours from 8.00 A.M. to 10.30 A.M.249. 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 named in such order, but not any other person or persons to inspect the record or paper specified in the order between the hours fixed for such purpose by the Presiding Officer on the date named in the order, but on no other date. If no inspection is made on the date fixed, the application and the stamped paper shall be filed with the record and shall not entitle the applicant to inspect on any other date.250. Duty of Record-keeper.
- The record-keeper or the officer-in charge of the record shall, on the day mentioned in the order required by the above rule, deliver to the Inspection clerk the record or paper mentioned in the order, and shall receive an acknowledgement from the Inspection Clerk.251. Duty of Inspection clerk.
- The Inspection Clerk shall, on the day of the inspection and immediately after the inspection has begun, make on the memorandum showing the date on which the order has been complied with and shall, on the same day at any hour to be fixed by the Presiding Officer, return to the official from whom he received it 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 record are as they were before inspection.252. Inspection clerk, to maintain inspection register.
- The Inspection Clerk shall keep an inspection register in the prescribed form.253. Use of Pen and Ink during inspection prohibited.
- No per son inspecting a record shall be allowed to bring into the room in which the inspection is made any pen or ink. nor to use any pen or ink. nor shall he be allowed to make any mark. upon, or in any respect to mutilate, any record or paper which is being inspected.N.B.-The use of a fountain pen is also prohibited.He may. if he so desires, make full copies in pencil of any' papers that he is inspecting, (within the time allowed).Chapter IX
Copies and Copying Department
A-Applications254. Details necessary in application for copy.
- Every application for a copy shall be on the prescribed form and shall set forth:255. Sending of a copy by post.
- If the applicant desires the copy to be sent by post, he shall also send-256. Pleader's clerk may apply for copy.
- An application for copy duly signed by a pleader, may be presented by his registered clerk and the copy may be delivered to such clerk.B-Persons entitled to copies257. Parties to suit.
- Except as hereinafter provided, any party' to a suit, appeal, motion or proceeding may at any time obtain upon an application, an order for a copy or copies of the record in such suit, appeal, motion or proceeding or of any decree, order pleading, paper, exhibit or document in such record: provided that a party who has been ordered to file a written statement shall not be entitled to inspect or take a copy of written statement filed by another party until he has first filed his own.258. Stranger to suit.
- A stranger to a suit, appeal, motion, or other proceeding may. after final decree or final order, obtain upon an application an order for a copy or copies of any decree, order, pleading, paper or document in the record, other than an exhibit and may, for sufficient reason shown to the satisfaction of the Presiding Officer, obtain upon application at any time before final decree or final order, an order from the Presiding Officer for a copy or copies of any decree, order, pleading, paper or other document in record other than an exhibit.No order for a copy of an exhibit shall be made on the application of a stranger to the suit, appeal, motion or proceeding in which such exhibit was produced unless along with the application is filed a properly authenticated consent, in writing, of the person who produced such exhibit to the granting of an order for the copy.259. 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 the Head of any Department of any State in 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 or Rajasthan Revenue Board any Principal Court in any foreign country in bis discretion order a copy or copies to be made and delivered of any record: and such copy or copies may be made free of charges unless they be required for the purpose of a litigant other than the Government.260. Government Law Officer.
261. Procedure on receipt of an application for a copy of record.
- Every Officer receiving an application for a copy of record shall:-262. Duties of Head Copyist.
- As soon as the copy is made, the Head Copyist shall forthwith return the record together with the application and order, to the official from whom he received them and such official shall forthwith place such application and order in Part D' of the record.The Head Copyist shall, at the end of each working day deposit in a locked box or almirah to be kept for that purpose in the record-room. Nazir's room or other secure room allotted by the Presiding Officer all documents under copying.263. Copies to be made on stamped paper provided by applicant.
- Except for the use of the court, or in a case falling within rule 259, 260 and 266 no copy of any record or any part thereof or of any decree, order, proceeding, paper or other document in any record, shall be made, except on stamped paper provided by the person who has obtained an order for the copy.If necessary stamped paper is not available. Judicial water marked paper provided instead.264. Scale of copying charges.
- The following shall ordinarily be marked paper with adhesive stamp of the requisite value may be scale of charges for copies.| Judgment Deposition Decree | Any other paper except book, register, map or plan etc. orany extract thereof for documents mentioned in rule. | ||||
| Ordinary copy | 100 | 100 | 100 | 100 | 100 |
| Urgent copy | 200 | 200 | 200 | 200 | 200 |
265. Use of stamped sheet for copy.
266. Copies of maps plans etc.
- When an application is made for a copy of a book, register, map or plan or any extract thereof, or for a copy of a paper not in the language of the court, a photograph or the like whether forming part of a decree or not, which the regular copying staff cannot prepare or for a copy of a decree which, owing to its length or complexity, cannot reasonably, in the opinion of the Presiding Officer, be prepared by the regular copying staff for the fixed charge in the above rules, an estimate shall be prepared under the orders of the Presiding Officer and when prepared shall be laid before him for sanction.The particulars of the estimate as sanctioned shall be entered in the prescribed form, the signature of the Presiding Officer shall be taken on it and the amount of the estimate as sanctioned shall be communicated to the applicant. Upon payment of such amount being made by the applicant (in copy folios to the value of the sanctioned estimate) the Presiding Officer of the court shall arrange, if possible, for a copy to be made thereof and compared with the original by such special copyist as are forthcoming within his jurisdiction and may. in his opinion be relied upon for the purpose. If no such persons are forthcoming, he may send such document together with a copy of this rule to a court in another district or State where such special copyists are available with a request that such court have the copy made. Any necessary charges incurred over and above the estimated amount shall be borne by the applicant. If payment is not made within a week of the communication of the estimate to the applicant shall be dismissed.The Head Copyist shall enter in the register the sanctioned estimates of copying charges for copies of books, register, maps or plans or extracts thereof.The special Copyist appointed for such purposes shall be paid his fees from the amount deposited (in cash) by the applicant, from which deposit the cost of material, if any, required for the presentation of the copy of map. plan etc. shall also be defrayed.267. Signing examination and certification of copies.
- When a copy has been made, it shall be signed by the person who made it: and it shall be examined, corrected, if necessary, and certified to be true copy by the Head Copyist. If the copy was made by the Head Copyist or the Head Copyist is unable to certify, it shall be examined, corrected. if necessary and certified to be a true copy by some other person, selected by the Presiding Officer for that purpose.No copy of a document shall so certified to be a true copy unless it shows correct number of words there and also the value of the stamps if any. in the original document.No copy shall be delivered to an applicant until it has been examined and certified, in the manner stated above, and countersigned by the officer-in-charge.268. Heading on copies.
- Every copy shall commence with a heading in the following form :-Certified copy of (description of paper copied in title of case) suit/appeal No. (Number) or (Year) in the court of (name of the court) at (place) decided/pending on (date).269. Endorsement on a copy.
- Every copy shall bear an endorse ment showing the following particulars :-270. A register of applications for copies disposed of.
- A register of applications for copies disposed of shall be maintained in the prescribed form. All copies issued and all applications disposed of without issue of copies shall be entered in this register.271. Order of compliance with application.
- Orders made on urgent applications shall have priority over all orders made on ordinary applications. Orders made on applications shall have strict priority amongst themselves according to the date and serial number of the order. Any departure from this ride shall be at once reported to the Presiding Officer with the reasons for such departure and the fact of such departure shall be attested by the Presiding Officer's initials against the entry in register of applications for copies relating to the applications exceptionally treated.272. Urgent copies.
- A copy for which an order has been made on an urgent application shall be delivered as a rule not later than the working day next after the day on which the order was made.273. Date for delivery of a copy.
- A definite date not ordinarily exceeding seven days ahead shall be fixed for the delivery of the copy and intimated to the applicant. The copy, as far as possible, shall be delivered on the date so fixed.If for any reason, the copy is not ready for delivery on the date so fixed, the applicant shall be directed to attend on another date, when the copy may be excepted to be ready for delivery.If the copy is not ready and the applicant does not appear on the date fixed, notice of the next date fixed for the delivery of copy shall be sent to him by post, if he has deposited the necessary postal charges. If necessary postal charges have not been deposited, it shall be affixed on the notice-board of the court.274. Delivery of a copy when ready.
- When a copy is ready, mid the applicant or his authorised agent is present, the copy shall be given to him. If the applicant or his authorised agent is not present, a notice over the signature of the head of the office shall be affixed to the notice-board notifying that the copy is ready for delivery. If from the date of the fixing notice, the applicant appears within three months, the copy shall be delivered to him. If the applicant does not appear within this period, the copy shall be destroyed under the order of the Presiding Officer, an entry to that effect being made in the remarks column in the register of copying application.275. Copies prohibited.
- Except for special reasons to be noted by the Presiding Officer upon the back of the application, no copy shall be granted (1) of Official correspondence and reports and (2) of a document which is itself a copy.276. A copy of a copy may only be granted if the original documents is not traceable.
- A copy of a copy may only be granted, if the original document is not traceable, or is not accessible to the applicant for the purpose of obtaining a copy. Each page of such copy shall bear in red ink. the remarks that it is a copy of a copy.277. Application to subordinate court when record is to go to headquarters.
- If an application for a copy be made in any subordinate court, the Presiding Officer may decline to grant a copy from a record which will, within three days, be required for transmission to a superior court or to the Record Room and in such case the date of the application and the fact and date of such refusal shall be endorsed upon the application, and shall be signed by the Presiding Officer and the application shall be returned to the applicant with instructions to present it in the court concerned.If an application so returned be subsequently presented in the superior court or the court to which the record room is attached the Reader or the Head Copyist shall endorse thereon the date of the presentation in such court.278. Difficulty to be referred to the Presiding Officer.
- 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.279. Standard of work for Copyists.
- It shall be the duty of the Head Copyist to see that every copyist is fully employee during court working hours or during such longer time as the Presiding Officer may direct, that he is constantly at work during such time and his work comes up to the standard noted in rule 280. The Head Copyist shall himself carry out so much copying as the Presiding Officer of the court may consider practicable with reference to the Head Copyist's other duties.280. Standard of work for typists and Copyists.
- The following standard of work is fixed for typists and copyists :-| English Typist | Four thousand words per day. |
| English Copyist | Two thousand five hundred words per day. |
| Hindi Copyist | Two thousand five hundred words per day. |