UP State Laws

General Rules (Civil) 1957 [THE STATE OF UTTAR PRADESH]

These rules shall be called the General Rules (Civil), 1957. They shall come into force on the first day of January 1958, and apply to all suits, appeals proceedings and matters, so far as may be, in the Civil Courts subordinate to the High Court, pending, or commenced on or subsequent to that date. Subject to the superintendence of the High Court the District Judge shall have administrative control over all Civil Courts including the Court of Additional District Judge within the local limits of his jurisdiction; and where two or more Courts are located at a place other than the headquarters of the District Judge the officer of the highest rank or amongst the officers of the same rank the senior most officer in the station will be in immediate administrative charge of all the Civil Courts there subject to the administrative control of the District Judge

CONTENTS

CHAPTER – I

Preliminary

1.  Title

2.  Commencement and extent.

3.  Repeal.

4.   Definitions.

5.  Administrative Control.

6.  High Court Rulings

7.  Officers-in-charge.

8.  Office hours.
9.  Clerks not to take records.

10.  Daily sittings of Judges.

11. Administrative work.

12. Absence from court

13. Work on holidays.

14. Attendance register.

15. Court Language

16. Weekly Cause List.

17. Presentation of applications to the Judge.

18. Rubber stamps prohibited

18A. Reader’s diary.


CHAPTER – II

Jurisdiction and situation of Civil Courts

19. Table of Jurisdiction.

20. Jurisdiction and place of sitting of courts.


CHAPTER – III

Suits and Appeals in General

21. Authority to co-suitor to act.

22. Authority to District Government Counsel or other counsel for Government.

23.  Authority to Legal Remembrancer.

24. Certificate for court-fees and stamps filed in suits by or 9 against Government etc.

25. Paper for pleadings and petitions and margin.

26. Heading of pleadings and applications

27. Signature of person presenting application.

28. Separate application for distinct subjects matters and return of application containing argumentative matters.

29. Persons from whom applications may be received.

30. How to deal with applications received by post.

31. Valuation to be noted on petitions.

32. Time for presenting applications.

33. Orders other than routine ones to be made in Judge’s notes.

34. Receipt slip

35. Munsarim’s duty in respect of plaints.

36. Opposite party to be given copies of written statement, etc.

37. How to make amendment in pleadings.

38. Return of petitions and plaints

39. Return of Vakalatnama with plaint.

40. Who may produce documents?

41. Translation to be filed with certain documents.

42. Opposite party to record admission or denial on documents.

43. List to accompany all documents whensoever filed.

44. Statement about erasures and additions.

45. Small documents and documents of historic value.

46. Affidavit to accompany an application for production of public record.

47. Documents for production of which sanction of head of department is necessary.

48. Registers from Sub-Register’s office and production of documents in Police custody, records of Municipal and District Board and of Post-Office.

49. Production of settlement records.

50. Payment of postage fee, etc

51. Covers of documents received by registered post to be retained.

52. Documents produced how to be dealt with.

53. Duty of court upon production of documents.

54 Admission of genuineness not to be confused with admission of truth of contents.

55. Proper expression about admissions of documents.

56. Endorsement on documents in suits compromised or dismissed for default.

57. Marking of documents.

58. Marking of documents.

59. Return of unproved documents.

60. Retention of impounded and certain other documents

61. Care of impounded documents.

62. Deleted. (Cost of proving documents)

63. Return of documents.

64. Books of business.

65. Commission to be issued to whom.

66. List of Commissioners.

67. Prohibition of commission fees to Government Officers.

68. Particulars to be given in the order for local investigation.

69. Time for executing commissions.

70. Payment in advance of expenses for issue of commissions

71. Commissioner’s responsibilities.

72. Local inspections by presiding officers.

73. Deleted. (Commissions for execution in England)

74. Commissions to foreign courts.

75. Government Examiner of Questioned Documents.

76. Affidavits and facts.

77. Munsarims to verify affidavits

78. Power of District Judges to appoint lawyers to verify affidavits.

78A Fee and stamp duty paid on affidavits to be taxed in to be taxed in the decree

79. Instruction for dealing with applications for adjournments.

80. Priority to cases to which soldiers, sailors, or airmen are parties and those which are holding up other cases.

81. Priority to cases (uncontested)

82. Fixing of dates and prohibition against fixing of long dates.

83. Party’s fault in non-service of summons on witnesses.

84. Party’s fault in non-service of summons on witnesses.

85. Judge’s notes.

86. Evidence common to two cases.

87. Witnesses in attendance to be examined.

88. Judge’s duty during the recording of evidence.

89. Record of parties statements.

89A. Procedure to be followed on transfer or withdrawal of cases.

89B.

90. Mode of recording judgment.

91. Provision of C.P.C. to be given in certain judgments.

92. Reference of parties and witnesses in judgments and use of abbreviations.

93. Judges may take records out of courts

94. Judgments not to be delayed and completed cases to be decided by officer before proceeding on transfer.

95. Decree to contain addresses filed by parties.

96. Decree to be self contained and forms of decree.

97. Taxing of diet money of witnesses

97A. Certain expenditures may be taxed as costs in the decree.

98. Drawing up of decree and contents of decree (Original) 33

99. Contents of appellate decree. 33

100. Copy of appellate judgment to be certified to lower court. 33

101. Information to departmental heads when necessary. 33


CHAPTER – IV

Summonses and Other Processes

102. Parties to file summons, its form, etc. and translation when necessary.

103. Contents of process 35

104. Time to be allowed in processes to Government Department.

105. Payment of process fees and other expenses. 36

105A. Other expenses to be allowed to the witnesses 36

106. Process fees for notice in execution cases, poundage and fee for previous execution not to be used in later  executions.

107. Ferry tolls, etc 38

108. Postage for sending processes. 38

109. Endorsement on processes sent for service to other courts 38

110. Service of processes from other courts. 38

111. Particulars on return of summonses 38

112. Processes for service by foreign countries. 39

113. Directions for processes to be sent to foreign courts. 39

114 Deposit of expenses in summons to be sent to foreign countries.

115. Summons to officers and soldiers. 41

116. Summons to public officers. 41

117. Intimation to head of office when summons sent to public officer.

118. Intimation for making arrangements for performance of 42
duties of the Public Officer.

119. Public Officer summoned as defendant. 42

120. Warrant for arrest of public servants. 42

121. Manner of service of process on a member of Parliament or State Legislature.

122. Establishment of process servers. 43

123. Number of processes to be served annually by a process server.

124. Process servers to be properly dressed. 44

125. Processes to be delivered to Nazir for service. 44

126. Duty of Nazir on receipt of processes for service. 44

127. Processes for service within outlying Munsifi. 44

128. Processes issued or received by outlying Munsifi. 45

129. Nazir’s list of inhabited places. 45

130. Beats of area outside eight Kilometer radius, process 46
almirah and distribution of processes.

131. Issue of processes within eight Kilometers radius. 46

132. Priority to process servers with long stay. 46

133. Processes from foreign courts. 47

134. Attendance of process servers- and their diaries. 47

135. Service by special messenger and emergent service fee. 47

136. Boat or ekka hire for emergent service. 48

137. Prompt service of processes. 48

138. Mode of service of processes. 48

139. Witnesses to service. 48

140. Sufficiency of service and re-issue of processes. 48

141. Service by publication. 49


CHAPTER – V

Preparation of Records

142. Particulars of case to be noted on every paper. 50

143. General index and order-sheet. 51

144. Contents of order-sheet. 51

145. Arrangement in order-sheet and Judge’s signatures. 51

146. Information to and signatures of parties. 51

147. Separate order sheets for separate proceedings. 52

148. Separate order-sheets for Part I and II records. 52

149. Entries regarding routine orders etc. on order-sheets. 52

150. Endorsement on back of applications. 52

151. Parts of record. 52

152. Classification of records. 55

153. Records and files in it. 56

154. File covers. 56

155. List of papers to be placed in Files Al, A 2 or B. 56

156. Papers forming File C. 58

157. Contents of File D. 59

158. Papers taken out of a record to be replaced by its copy. 60

159. Documents forming basis of suit how dealt with. 60

160. Wrappers. 61

161. Munsarim’s certificate as to papers on record. 61


CHAPTER – VI

Execution

162. Prompt disposal of execution cases. 62

163. Recording of orders in execution. 62

164. Procedure on receipt of decree from another court. 62

165. Copy of decree need not accompany execution application. 63

166. Duty of Munsarim and office. 63

167. Register of execution applications. 64

168. Execution in U.P. of decrees passed by courts outside U.P. 64

169. Serving officer’s endorsement on warrants. 64

170. Mode of certifying under O. X X I, r.2. 65
171. Deleted. (Transfer of Decrees to Collector under Section 68)

172. Posting of proclamations and orders. 65

173. Publication of notices under 0. XXI, r. 67(2). 65

174. Sale by court in execution of a decree. 65

175. Deleted. (Non-interference by Court with Collector’s procedure)

176. Contents of sale certificates. 66

177. Fixed postal charges for transmission of decree to another court.

178. Decree holder’s liability to pay for civil prisoner’s detention in Jail.


CHAPTER – VII

Record room and preservation and destruction of records

179. Racks for each court. 69

180. Arrangement of records. 69

181. Transmission of record to record-room. 69

182. List of records to accompany each bundle. 70

183. Packing and transmission. 70

184. Preparation of invoices. 71

185. Transmission of registers and books. 71

186. Bundles pending examination. 71

187. Record Keeper’s examination of records received. 71

188. Record Keeper’s certificate of correctness or report to 72
District Judge.

189. Examination when to be completed. 72

190. Lists to be stitched into books. 72

191. Second punching of labels. 73
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192. Arrangement of records in bundles. 73

193. Treatment of miscellaneous case relating to pending cases. 74

194. Arrangement of records and labeling of bundles. 74

195. Period of retention of books and registers in courts before 74
consignment to record-room.

196. Preservation and destruction of files. 75

197. Period of retention of papers. 77

198. Period of retention (books and registers). 79

199. Monthly destruction of files. 83

200. Destruction of books and papers. 83

201. Destruction of files selected for weeding. 83

201A. Retention in case of dispute or necessity. 83

202. Rules for branch – record rooms. 84


CHAPTER – VIII

Production, Return and Transmission of records

203. Prohibition against issue of records. 85

204. Forms of requisition. 85

205. Procedure for sending requisitions out of U.P. 85

206. No charges payable on requisition by court suo motu. 86

207. Charges payable by a party for requisition. 86

208. Provision governing issue of record. 86

209. Requisitions for wills. 86

210. Office procedure on requisitions. 87

211. Register of requisitions. 87

212. Return of records. 87

213. Procedure on return of record. 88

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214. Check on delay in return of records. 88

215. Records of cases appealed to the High Court. 88

216. Loss of record. 88

217. Records pertaining to foreign courts 89

218. How to send records. 89

219. Examination of records on arrival. 90

220. Applicability of the rules for records to registers and books. 90


CHAPTER – IX

Inspection and Search of records

221. Separate room for inspection. 91

222. Surprise inspections. 91

223. Prohibition against giving surreptitious information. 91

224. Application for information. 91

225. Application for information in pending cases. 92

226. Power of Judges to examine records. 92

227. Taking charge of a record by the Judge for examination at his 92
residence.

228 Papers excepted from inspection. 92

229. Inspection of papers in office and free inspection by 92
Government servants.

230. Applications for inspection. 93

231. Applications for inspection by party to a suit. 93

232. Application for inspection by a stranger. 93

233. Form and fees for application for inspection. 93

234. Application for inspection by a party. 94

235. Court-fee on inspection applications for registers. 94

236. Order for inspection. 94
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237. Order for inspection. 94

238. Duty of record-keeper. 95

239. Duty of Munsarim. 95

240. Duty of Munsarim. 95

241. Use of pen and ink during inspection prohibited. 95

242. Munsarim not to allow any other person to have access to 95
the record.

243. Inspection of registers. 96

244. Inspection by or on behalf of the High Court. 96

244A. Fee prescribed by this Chapter shall be in addition to the court fee payable under the Court-Fees Act.


CHAPTER – X

Copies and Copying Department

245. Copies to be made only under an order on an application. 97

246. Details necessary in application for copy. 97

247. Pleader’s clerk may apply for copy. 98

248. Procedure for prisoner to apply for copies. 98

249. Parties to suit. 98

250. Stranger to suit. 99

251. Supply of copies free of charge. 99

252. Supply of copies free of charge. 99

253. Mode of presenting applications and copies from a case 100
under hearing.

254. Duty of Head Copyist when application is received. 100

255. Copies to be made on stamped paper provided by applicant. 102

256. Scale of copying charges. 103

257. Use of stamped sheet for copy. 104

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258. Copies of maps, etc. 104

259. Signing, examination and certification of copies. 105

260. Notice of copies ready for delivery. 106

261. Order of compliance with applications. 106

262. Urgent copies. 106

263. Copies prohibited. 106

264. Application to subordinate court when record is go to 106
headquarters

265. Register of application for copies. 107

266. Difficulty to be referred to Judge. 107

267. Standard of work for copyists. 107

267A. Distribution Register. 108

267B. Register of break numbers. 108

268 Register of outturn of copyists. 108

268A. Fortnightly statement of copying work done. 108

269. District Judge to be informed when work increases for 109
copyists.

270. District Judge to be informed when work not sufficient for 109
copyists.


CHAPTER – XI
Civil Court Accounts

271. Definitions (Civil Court Accounts). 110

272. Courts keeping separate account. 111

273. Heads of account. 111

274. Use of Indian numerals. 112

275. Payments to or through a court. . 112

276. Remittance by money order. 113

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277. Deposits in cash. 113

278. Deposits in cash. 114

279. Time for receipt of deposits. 114

280. Registers. 114

281. Registers. 115

282. Erasures prohibited. 115

283. Mode of payment of money into court. 115

284. Verification of particulars of tenders. 116

285. Order to receive payment. 116

286. Munsarim or clerk to prevent delay. 117

287. Acknowledgement 117

288. Pass book and Register of Petty Receipts. 117

289. Remittance of receipts to the Treasury. 117

290. Remittance by money order or letter 118

291. Advice list. 119

292. Correspondence between court and Treasury Accounts. 119

293. Entry of receipts under heads of Account 1 and 2. 119

294. Repayment of petty receipts. 119

295. Repayment of other than petty items. 120

296. Repayment of other than petty items. 121

297. Repayment of other than petty items. (by money order). 121

298. Repayment to Cooperative Societies. 122

299. Repayment applications to be compared with record of case. 122

300. Procedure on repayment applications when the record is in 123
record-room.

301. Receiving Officer’s Report. 123

302. Order of presiding Judge. 123

303. Repayment Order. 123

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304. Bilingual forms for repayment of deposits. 124

305. Procedure on transfer of the officer and custody of repayment 125
order books.

306. Specimen signature. 125

306A. Manner of drawing a Repayment Order. 125

307. Delivery of Repayment order to applicant. 125

308. Duty of Munsarim or clerk of the court. 126

309. Lapse of Repayment order, issue of fresh Repayment order 127
and procedure on loss of Repayment Order.

310. Advice List. 127

311. Entries after receipt of advice list. 127

312. Application for repayments to be filed with case. 128

313. Exclusion from accounts of direct payments by one to 128
another party.

314. Initialling of Registers by Munsarim and Judge. 128

315. Daily extracts from outlying courts. 128

316. Cash-book 129

317. Excessive balance in Receiving Officer’s hand. 130

318. Original vouchers to be produced before the Judge. 130

319. Correspondence between court and Treasury accounts. 131

320. Method of maintaining correspondence between court and 132
Treasury Accounts

321. Memo of receipts and repayments. 133

322. Monthly accounts to be submitted by subordinate courts. 133

323. Consolidated monthly returns. 134

324. Consolidated monthly returns. 134

325. Quarterly certificate. 134

326. Unclaimed balances and checking of cash balance. 135

327. List of deposits about to lapse. 135

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328. Preparation of list of lapsed sums and information of lapsed 136
sums to Treasury Officer.

329. Refund of lapsed sums. 136

330. Rules regarding forfeitures. 137

331. Clearance Register. 137

332. Duty on applications for certificate under the Indian 138
Succession Act.

333. Payments to Amins. 138

334. Payments to Amins. 138

335. Payments to Amins. 138

336. Amin’s cash register. 139

337. Remittance of receipts to the Treasury. 139

338. Extract from Amin’s pass-book to be sent to court. 139

339. Returns to be sent by Amins. 140

340. Check of Amin’s cash return. 140

341. Repayment of Deposits by Amin. 140


CHAPTER – XII
Departmental Cash Accounts

342. Departmental cash accounts. 141

343. Departmental cash accounts-to be kept by Central Nazir and 141
Nazirs.

344. All moneys to be entered in accounts and-unauthorized 141
funds disallowed.

345. Observance of Financial Handbook, Vol. V, Part I. 142

346. Establishment order book. 142

347. Fixed stationery allowance. 142

348. Stationery and miscellaneous expenses of subordinate 143
courts.
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349. Check over postage. 143

350. Mode of obtaining postage stamps. 144

351. Custody of cash and articles of value. 144

352. Submission of bills to District Court. 146

353. Deleted. (Monthly Checking of pay bills) 147

354. Encashment of bills and disbursement. 147

355. Registers. 147

356. Travelling allowance bills. 148

357. Retention and destruction of receipts for fixed stationery 148
allowance.

358. Vouchers for contingent charges. 148

359. Instructions for entry in the Day-book. 149

360. Instructions for entry in the Day-book. 149

361. Grouping of entries in the registers of Central Nazirs. 149

362. Initialling by Judge and Munsarim. 150

363. Register of contingent charges 150

364. Necessary rules for Nazirs to know, report about new 150
structures and handling of private funds.


CHAPTER – XIII

Process fees and Court-fees

365. Scale of process fee and poundage. 153

366. Exemptions. 160

367. Process fee on commissions. 161

368. Unexpended process-fee. 161

369. Poundage. 162

370. Poundage. 162

371. Mode of paying poundage. 162
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372. Mode of paying poundage. 163

373. Mode of paying poundage. 163

374. Poundage less than a paisa. 163

375. Amin’s fees. 163

376. Mode of paying Amin’s fees. 164

377. Wages of chainmen and incidental charges. 164

378. Amin’s deputation fee when sale is not held. 164

379. Process fees taxable as costs. 165

380. How to file process fee. 165

381. Classification of court fees. 165

382. Classification of court fees. 166

383. Rules and remissions under the Court-fees Act. 166

384. Punching and cancellation of stamps. 167

385. Aggregate value and number of stamps to be noted. 168

386. First punching of labels on copies etc. 168

387. Destruction of pieces punched out. 168

388. Report by District Judge to Board when probate is found to 168
have been granted on insufficient duty.

389. Forgery of stamps to be reported to Government. 169

390. Use of adhesive and impressed stamps. 169

391. Manner of denoting additional court-fee payable under 169
section 19 of Act VII of 1870.

392. Refund certificate. 170

393. Refund of court-fees on order of remand. 170

394. Order of refund. 170

395. Fee on delayed applications in outlying courts. 170

396. Certificate of refund. 171

397. Note of refund certificate. 171

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398. Parts of refund certificate and their disposal. 171

399. Parts of refund certificate and their disposal. 172


CHAPTER – XIV

Civil Court Registers

400. Registers to be maintained in all courts. 173

401. Memorandum books for all civil courts. 174

402. Additional registers for appellate courts and register of 175
references from revenue courts.

403. Insolvency registers. 175

404. Gradation List. 176

405. Nazir’s registers and dispatch register. 176

406. Register of orders to Amin. 177

407. Registers to be kept by Amins. 178

408. Register of process fees and court-fees. 178

409. Registers to be kept by Honorary Munsif. 178

410. Register of casual leave. 178

411. Duty of filing up registers and inspection of registers. 178

412. Work under new legislation. 178


CHAPTER – XV

Returns and Reports

413. Annual statements. 180

414. Quarterly statements. 181

415. Monthly statement of pending files. 182

416. Submission of quarterly statements. 182

417. Submission of quarterly statements. 182

418. Delay in judgments. 182

419. Submission of annual statements. 183

420. Annual report. 183

421. Contents of annual report. 183

422. Contents of annual report. 184

423. District Judge’s notes for his successor. 184

424. Prohibition against calling for extra returns by the District 185
Judge.

425. Return of acquisition and parting of landed property by 185
Judicial Officers.

426. Examination of adequacy of securities. 186

427. Statement showing receipts under head “Administration of 187
Justice”.

428. Defalcation or loss of public money. 188


CHAPTER – XVI

Administrative Correspondence

429. Classification of Administrative Correspondence. 189

430. Arrangement of files. 189

431. Register of letters received. 189

432. Register of letters issued. 190

433. Marking of serial number of letter. 190

434. Connected files. 190

435. Division of files into two classes. 190

436. Correspondence press. 190

437. Closed files. 191

438. Pending files. 191

439. File Index. 191

440 Reopening of closed files. 191

441. Register of Circulars. 192

442. Supply of copies of General and Circular letters. 192

443. Correspondence originating from a Circular. 192

444. Lists of Returns and Reports due and Register of pending 192
files.

445. Dispatch book 193

446. Correspondence with High Court. 193

447. Correspondence relating to suits and cases 194

448. Confidential Letters. 195

449. Weeding of correspondence 195


CHAPTER – XVII

Library

450. Catalogue. 201

451. Classification of books. 201

452. Room for Library and its use by lawyers. 202

453. Librarian and his duties. 202

454. Receipt for books taken out. 203

455. Check of books. 203

456. Loss of books. 204

457. Books for different courts. 204

458. Binding of books. 204

459. Communication with Government Press by subordinate 204
courts.

460. Purchase of suitable books by District Judges. 205

461. Gazettes. 205

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462. Books etc. not to be weeded. 205

463. Publications which may be weeded. 206

464. Weeding of valuable books. 206

465. Sale of books etc. 206


CHAPTER – XVIII

Testamentary and Intestate Jurisdiction

466. Definitions. 207

467. General heading. 207

468. Non-contentious business. 207

469. Notice to Collector. 207

470. Application for probate. 208

471. Application for letters of administration. 208

472. Application for letters of administration with will annexed. 208

473. Certificate that no other grant has been made. 209

474. Certificate as to court-fee. 209

474A. 209

475. Proof of identity. 209

476. Interlineations, alterations, etc. in will to be sworn to by 209
attesting witness.

477. In absence of attesting witness what other evidence must be 210
produced.

478. Attempted cancellation must be accounted for 210

479. Unsigned or unattested will. 210

480. Renunciation. 210

481. Application for administration by creditor. 210

482. Production of deed; pacer, etc. referred to in will. 210

483. Persons consenting to an application for letters of 211
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administration shall do so on affidavit

484. Citation to rightful parties 211

485. Citation on application by creditor. 211

486. Citations. 211

487. Proof of publication. 211

488. Proof of power of attorney. 211

489. Grant when to have effect in the State 212

490. Grant when to have effect through out India. 212

491. Administration bond. 212

492. Guarantee Society as surety. 212

493. Representation of Guarantee Society by agent. 212

494. Filing of annual balance-sheet by such Society. 212

495. Attestation of bond. 213

496. Consequence of neglect to proceed with petition or to 213
furnish security.

497. Schedule of property to accompany certificate under section 213
274 of the Act or section 24 of the Administrator General’s
Act, 1913.

498. Extension of grants. 213

499. Inventory and account. 213

500. Caveats. 214

501. Affidavit in support of caveat. 214

502. When caveat is entered before application for grant is filed. 214

503. Consequence of non-compliance. 214

504. Conversion of application into suit. 215

505. Proof in solemn form. 215

506. Trial of preliminary issue. 215

507. Preservation and inspection of Wills. 215

508. Charge of European or Anglo-Indian’s property after death. 216

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509. Notice of application for grant of Succession Certificate. 216


CHAPTER – XIX
Rules relating to certain enactments of the Legislature

510. List of rules relating to certain enactments of the 217
Legislature.


CHAPTER – XX
Forms, Stationery and their Indents

511. Sanctioned forms. 221

512. Form of indent for printed forms. 221

513. Stock of printed forms. 222

514. Stock of printed forms. 222

515. Arrangement of printed forms. 223

516. Deleted. (Stock-book forms) 223

517. Charge of saleable forms. 223

518. Surplus stock of forms. 223

519. Prohibition of unauthorized forms. 223

520. Stationery indents. 223

521. Register of stationery. 224


CHAPTER – XXI

Amins

522. Qualifications for appointment as Amins 225

523. Instrument for Amin’s work 225

524. Additional Amins 226

525. Grades of Amins 226

526. Drummer’s fees 226

527. Circles and beats of Amins . 226

528. Amins to work personally 226

529. Work for Amins. 227

530. Day’s journey of Amins 227

530A. T.A. to Amins. 227

531. Programme of Amins. 227

532. Information by Amin to Decree-holder. 227

533. Instruction for measurement and mapping. 228

534. Procedure for police help to Amin. 228

535. Statement of work done by Amin. 229

536. Scrutiny of the Amin’s statement of work. 229


CHAPTER – XXII

Duties of Munsarim

537. Munsarim to be the Chief Ministerial officer

538. Date of presentation to be noted on paper

539. Duties of Munsarim.

540. Exception of duties to be delegated.


CHAPTER – XXIII

Security by Civil Court officials

541. Security to be taken from certain officials. 232

542. Nature of security. 233

543. Officiating incumbents of above posts. 234

544. Verification of security. 234

545. Custody of security bonds. 234

546. Registers of securities. 234

547. Retention of securities. 235

548. Deleted. (Annual Inquiry into sufficiency of security) 235


CHAPTER – XXIV
Legal Practitioners

549. Interpretations

550. Advocate holding vakalatnama and brief-holder

551. Pleaders.

552. Pleader of the first grade.

553. Pleader of the second grade.

554. Pleader of the third grade.

555. Mukhtar of the first grade.

556. Mukhtar of the second grade.

557. Mukhtar of the third grade.

558. Right of a Mukhtar entitled to a practice as a Mukhtar.

559. No right to practice without enrolment.

560. Admission as pleader.

561. Admission of pleader of another High Court.

562. Application for Admission.

563. Certificate under Section 7 of the Legal Practitioners’ Act, 1879

564. Application for enrolment.

565. Enrolment in more than one district.

566. Legal training.

567. Submission of certificate of training to the High Court. 241

568. Choice of senior and his fee.

569. Right of trainee.

570. Change of district of enrolment.

571. Re-enrolment after discontinuing practice.

572. Right of certain persons to practice as Mukhtar in the
Kumaun Division.

573. Right of certain persons belonging to the former States of  Samthar and Charkhari to be enrolled as pleader.

574. Rights of certain persons to be enrolled as pleader or Mukhtar in Rampur Judgeship.

575. Rights of certain persons to be enrolled as pleader or Mukhtar in Tehri District.

576. Pleader or Mukhtar not to take up appointment or engage in trade or business.

577. Application for renewal of certificate of practice.

578. Order on application for renewal.

579. High Court’s power of the renewal when application made after 15th December.
580. Forms of original and renewed certificates. 246

581. Returns. 246

582. Taxation in decree of Legal Practitioners’ fees and the certificate for such fees.

583. Conditions governing taxation of lawyer’s fee.

584. Right to handover briefs. 250

585. Fees allowable on taxation in suits and appeals from decrees.

586. Fees allowable on taxation in uncontested cases

587. Fees allowable on taxation in miscellaneous cases and miscellaneous appeals

588. Fees allowable on taxation where application to sue an indigent person is rejected

589. Fees allowable on taxation in proceedings for execution of decrees and orders or objections therein

590. More fees taxable in special cases

591. Determination of the valuation for the purposes of computing the amount of fees allowable on taxation

592. Rounding of the fees of legal practitioners allowable on taxation

593. Court’s discretion in taxing fees 254

594. Fees allowable on taxation in cases not admitting of valuation in terms of money

595. Fees in cases of common defence

596. Fees in cases of separate defence.

597. Costs of stamps on Vakalatnama in above cases.

598. Fees allowable on taxation for clerks of legal practitioners and taxation of typing charges and other costs.

599. Pleader’s clerk to issue memo of account.

600. Not printed. 257

601. Authority for withdrawing client’s money.

602. Conditions on bidding at auction sales

602A. Preliminary

602B. Procedure for inquiries.

602C. Framing of charges and issue of notice.

602D. Issue summons.

602E. Summoning of records.

602F. Power to reject application to summon witnesses, etc.

602G. Commission

602H. Representation of parties.

602I. Absence of parties

602J. Record of evidence

xxviii

602K. Commencement of inquiry

602L. Prosecution

602M. Defence

602N. Finding

602O. Application of the Code


CHAPTER – XXV

Clerks of Legal Practitioners

603. Registration. 263

604. Qualifications. 263

605. Disqualifications. 263

606. Application for registration 264

607. Acts which a registered clerk may perform. 264

608. Cancellation of registration. 265

609. Fee for registration. 265


CHAPTER – XXVI
Inspection of courts and offices

610. Inspection of subordinate courts by District Judges. 267

611. Inspection by judicial officers of their offices. 267

612. Inspection of common offices. 267

613. Munsarim’s authority to inspect his office. 267


CHAPTER – XXVII
Miscellaneous

614. Dress of Military Officers and Soldiers appearing in courts. 268

614A. Restriction on carrying Arms within the Court’s premises. 269

615. Court dress for officers and lawyers. 269

616. Government servants prohibited from participation in political movement.

617. Compliance with certain instructions in M.G.’s. 270

618. Report of casualty among judicial officers. 271

619. Prohibition against becoming arbitrator. 271

620. Obligations of public officers. 271

621. Permission to District Judge to leave district. 271

622. Permission to subordinate officers to leave district. 271

623. Channel of correspondence for Judicial Officers. 271

624. Application for leave. 272

625. Contents of application for leave. 272

626. Information about casual leave of transferred officer. 272

627. Security Bonds requiring registration. 272

628. Paid apprentices. 273

628A. Appointment of paid apprentices. 273

629. Claims of apprentice to posts. 273

630. Work for apprentices. 273

631. Register of apprentices. 273

632. Posts prohibited for apprentices. 274

633. Prohibition against employment of public servants in making purchases.

634. Annual examination of safes. 274

635. Custody of duplicate keys of safes. 274

636. Disposal of weeded papers. 274

637. Rules relating to fire in buildings. 275

638. Applications for buildings or additions or alternations to buildings.

639. Gratifications prohibited (Notice).

640. Application by ministerial staff for leave.

641. Casual leave.

642. Service books and character rolls. 277

643. Publications necessary for judicial Officers. 277

644. Report regarding absence of Judicial Officers. 278

645. Communication of adverse remarks to Judicial Officers. 278

646 Proceedings under the Indian Companies Act in subordinate courts.

647. Petition Writer. 280

648. Stock Register. 280

649. Court seals. 280

650. Use and custody of seals. 281

651. Responsibility for custody of seals. 281

652. Officers certificate of reading General Rules (Civil). 281

653. Upkeep of the book of General Rules (Civil). 281


CHAPTER – XXVIII

Procedure under the Guardians and Wards Act, 1890

653A. Definitions

654. Application for appointment of guardian and its particulars

655. Statement as to unfitness of father.

656. When property proposed to be dealt with.

657. Declaration of willingness to act.

658. Application to be laid before judge.

659. Notice of application. 283

660. Notice to Collector. 283

661. Proof by affidavit. 283

662. Ministerial Officer of Judicial Department not to be appointed guardian.

663. Security of guardian 284

664. Determination of amount of Security 284

665. Security Bond 284

666. Inventory of property of Minor 285

667. Diminution or increment to property of ward to be reported to 285
Court

668. Accounts to be kept by guardian 285

669. Submission of accounts 285

670. Inspection of accounts 286

671. Audit of accounts 286

672. Report of auditor to be placed before Court 287

673. Subsequent applications to be interlocutory 287

674. Application to deal with immovable property 287

675. Sale of property 287

676. Payment into Court pf proceeds of sale 288

677. Order as to application of proceeds 289

678. Payment into Court by Guardian 289

679. Investment 289

680. Discharge or removal of a guardian 289

681. Guardian not to be discharged till accounts passed 290

682. Allowance of guardians 290

683. Costs 290

684. Cases to be pending till discharge of guardian 290

685. Register of guardians and accounts 291

686. Application for appointment as guardian 291

687. Power of Attorney

688. Biological Parents

689. Process of Application

690. The Child Study Report

691. Age

692. Remuneration

693. Notice

694. Hearing of Case

695. ****

696. ***

697. Home Study Report