Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Uttar Pradesh - Section

Section 151 in The General Rules (Civil), 1957

151. Parts of records.

(1)In every suit and case instituted in a civil court, from its institution to the final proceeding in execution of decree, there shall be kept only one record, except as provided elsewhere in this rule. The record shall consist of not more than two parts, to be called respectively Part I and Part II :Provided that either part of the record may consist of several sub-parts, each sub-part being the complete record of the proceeding to which it relates.
(2)Part I of the record shall contain every paper in a suit and in an appeal, reference, revision and review therein, other than papers relating to the execution of decree or final order in the suit.
(3)Part II of the record shall, except as provided elsewhere in this rule contain every paper relating to the execution or adjustment of decree or order, or relating to any proceeding, whether original or appellate, in or arising from any application for the execution of the/decree or order.
(4)A separate general index in Form No. 1 shall be prepared for each sub-part of Parts I and II. Each such separate general index shall be headed with the name of the court in which the suit was instituted, the register number and year of the suit and the names of the original parties to the suit.
(5)The papers in each sub-part of Parts I and II shall be serially numbered and entered in its general index as they are brought on the record in the manner prescribed in paragraphs (6) and (10) in this rule.Every paper which is brought on a record shall be marked with a letter indicating the file to which it belongs, and shall be placed with such file, and shall without delay be entered in the general Index of Part I or Part II, as the case may be, by the official for the time being incharge of that part, who shall certify in column 6 of such index the state of every document filed or produced as an exhibit, noticing any blots, erasures or interlineations appearing therein.
(6)The serial numbers in each sub-part of Part II shall have added to them the letter E, as for instance, 1-E, 2-E, 3-E and so on. They shall commence with the first paper in that proceedings relating to the adjustment or execution of the decree or order, and shall continue consecutively in respect of all papers brought upon the record of that proceedings.
(7)When a decree has been sent for execution by a court subordinate to the High Court under Section 39 of the Code, the court to which such decree is sent shall prepare a sub-part of Part II and an index and order-sheet thereto and when, in accordance with the provisions of Section 41 of the Code, it certifies the fact of the execution of, or the circumstances, attending a failure to execute, such decree, it shall, at the same time transmit to the court which sent the decree for execution, the record of the execution proceedings. These papers shall, when received, be dealt with as laid down elsewhere in this rule.
(8)In every appeal to civil court from a court of revenue, the civil court record shall consist of Part I only and shall commence with the Memorandum of Appeal, Paragraphs (2), (4) and (5) of this rule shall, so far as may be, apply to the compilation of such record.
(9)If, in any case, proceedings other than those relating to the execution or adjustment of the decree or orders are continued or instituted in a court, while that part of the record or the case to which the papers of such proceedings would appertain is in another court or in the record-room, all papers filed in such proceedings shall be entered in a supplementary general index in the court in which such proceedings are, with new serial numbers , to be used for the time being. As soon as possible such papers shall be added to that part of the record to which they appertain; the supplementary general index shall be added enbloc to the general index of that part, and "c shall form part thereof; and the serial numbering of the general index shall be continued by entering in red-ink a number against each entry in the supplementary general index.Except in the case of a supplementary general index being brought on the general index, no entry shall be made in the general index otherwise than in black-ink.The serial number in red-ink in the general index appropriate to a paper shall also be entered in red-ink on that paper.
(10)
(a)Where there are more than one proceedings relating to the adjustment or execution of the decree or order in a case, the entire record of each such subsequent proceeding, called a sub-part of Part 11, shall be treated as one paper, and as such shall be given a serial number in the general index of the first sub-part of part II, the entry being made in Form No. 1 as indicated on the next page-
(b)The number of the entry thus made in column 2 shall also be noted on the cover of file A-1 or B of the files brought on the record, near the left hand upper corner. The number of papers thus added to the record of the first sub-part shall be noted on the wrapper of that sub-part at the place provided for it.
(c)Each sub-part of the record shall have its index but the general index of the first sub-part shall be the general index for the whole of Part II comprising the papers contained in all subsequent sub-parts.
(11)The directions contained in paragraphs (9) and (10) shall be carried out by either the court establishment or the record-room establishment whichever of the two is first in-charge at one and the same time of the part or sub-part of the record concerned, and of the subsequent record.Illustration of entryForm No. 1
File Serial number of paper Description of paper Number of sheets in paper Number of stamps Value of stamps Date of admission of paper to record State of document Remarks
1 2 3 4 5 6 7 8 9
Files A.B. and C No. 21 Execution files of application No. 1 Paper Nos. 1 to 30 in (3 or 4) files Court-fees 5th January to 8th February, 1926 Clean Remarks
 
20stamps Rs. 10-75