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 CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission., 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 jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case.; 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. TimeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) 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. AffidavitAffidavit An ex parte statement in writing made under oath before a notary public or other officer authorized to administer oaths, about facts which the affiant either knows of his own personal knowledge or is aware of to the best of his knowledge. 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 truthTruth Mathematical 'truth' may not be agreeable with the philosophical 'truth.' A question may be asked on propositional 'truth' on the grounds of physics, that space and time actually don't exist. Vedic injunction Satyam Param Dhimahi, technically Satya is none other than Brahman. For Madhymic Buddhists there is nothing as such to be called 'truth', as all the corresponding facts are only mental projections. Apart from Bio-neuroelectricity nothing exists for Biological Cognition. So-called religious truths are nothing more than a marketing strategy. 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 investigationInvestigation Purpose of all investigation is to reveal the unvarnished truth. The constitutional courts are duty bound to ensure that the truth is revealed..
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 EnglandEngland In England, the Parliament was originally an advisory body summoned to consult with the monarch, and the courts exercised delegated royal powers, as “lions beneath the throne”.)
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 summonsSummons It means an application to the Court in relation to an action or appeal which has to be served on other parties or non‑parties. on witnesses.
84. Party’s fault in non-service of summons on witnesses.
85. Judge’s notes.
86. EvidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 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 judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022).
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 costsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or 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 feeCourt fee It has to be paid on the plaint as framed and not as it ought to have been framed. Law of Suit Valuation in India 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 IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more. 212
491. Administration bond. 212
492. Guarantee Society as surety. 212
493. Representation of Guarantee Society by agentAgent An agent is a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the principal. Indian Contract Act. 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
xxiii
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