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State of Madhya Pradesh - Section

Section 117 in M.P. Civil Court Rules, 1961

117.

The attention of all Courts is directed to the provisions of Rule 6 of Order V and Rule 9 of Order XVI, Civil Procedure Code, when fixing dates for the appearance of persons summoned.Note 1. - Presiding Judge should personally fix the date of hearing after making an estimate of the time that each case may occupy, so as to ensure, so far as practicable, that the work fixed for a particular day will be done during the course of that day. In no case shall the work fixed for the day exceed what is necessary to make reasonably sure that the Court's time shall be fully occupied. Ordinarily this should not exceed by one-fourth the work that a Court can reasonably expect to finish. The work remaining over on any day should, as far as possible, be taken up on the next working day and given precedence over work of a similar nature.Note 2. - The responsibility for fixing the date is of the Judge alone. When, for any reason, a date is fixed in an entry in the order-sheet actually written by an official of the Court, it is the duty of the Judge to see that the date fixed is a proper one, having regard to the state of his file. If the Judge is absent it is his duty to see that any adjournments made during his absence were properly made and that proper dates were fixed. On the conscientious performance of this duty depends not only on the proper arrangements of the file but also the prevention of different treatment of litigants by the Court officials.