High Court Standing Orders

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STANDING ORDERS OF TilB;

HI(flH COURT

Ooft'eC~d optG
1972

ntl.(TllI;> .'1' TU mBlROTOR OF STATloWlIB'I' ~ nlSTIB'Q


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Jdi.A,DnA8, -

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.M.
I-lit
Ao PMlimiuq •••
~0Nen-

.8. &menl
~ft DeparimeDt
15-10
10-6,
1
lo4lcial Depa$Dent 17-106
~
'1'raDIIation ~1liDg Deputmeat •• 1~111 I
ShoItbaad.writerll' Section 116-111
Bench OJarks' ~t 181-148
J
1

«l OrIgiDaISide l4,'7-181

~ I [Chart showing distribution of section under


various offioers nude. the ooatrol of the
Begiatrv] 18f

•• n Duties of $be otJioen 188-10D

•• m QuestionDaiJe for 1Dap8GllioD of YUiouII


II8OtioDa in ~ Hiah Court •• •• •.• JOWlll

•• IV lijghOour
eu1If
- II~
'A'
PHEIJIMINARY.

llhe High Oourt, Madras, is' one of the 'three Oharter~d


High OOUl"~in India and is the highest Oourt in the State
exercising Original Jurisdiction over the Oity of Madras and
Appellate Jurisdiction over the entire State as well as extra~ .
ordinary Original Jurisdiction under the Letters Patenta~d
Special Original J ud[sdiction for the issue of writs under ths
Oonstitution of India. The High Oourt is further empowered
to punish persons for contempt of itself under Article 215 of the
Oonstitution of Indii.a,nd of the Subordinate Courts under th~
contempt Qf Courts Ap,t.

The Chief Justice is the Head of the Judiciary with powers


of Administration of the High Court and of the Administration
of Justice throughout the State. As such,'his powers, duties ~
and responsibilities are many and varied. The Chief Justice
is assisted by other Puisne Judges and Officers or the High
Oourt in regard to the Judicial and Administrative functions.

The structure of the High Court of Judicature at Madra.s


may be broadly.classified into three Divisions; viz.;-
1. Administrative Side,

2. Appellate Side and

3. Original Side .

. •...
AD1HNI8TltATIVE SID1!l.

Some of the important subjects dea,It with on the A.dmims-


trative Side are as follows:-
1. Appointments, postings, transfers, grant of leave and
promotions of Distri0t, Munsifs and Subordinate Judges;

2. Making recommendations to Government regarding


appointment <:ifDistrict Judges;
. I

3. DisC:iplillary proceedings against Judicial Officers;


4. Appointments, promotions, postings grant of leave and
transfers of Sub-Magistrates and Additional First Class "Nlagis-
tr~tes ;...... .

5. Control of expenditure and distribution of funds


allotted by 'the Government for expenditure on the Adminis-
tra tion .of Justice;

6. Review of periodical returns showing the Oivil and


Crimmal work disposed of by the Subordinate Courts and
sanction of Additional Oourts;
7. Forwarding proposals to Government for lh. construc-
tion of the Oourt buildings;
• ~'. I

8. Supervising the work of Official Receivers who


administer the Ji]s'Lat~sof Insolvent-debtors in the Moffussil;
\). Inspecting the District Courts;
10. Oonsideration of appeal petitio'ns preferred by the
staff of the Suhordinate Oourts in service matters;;
11. Expressing the views of the High Court on J..Jegis-
lative Bills forwarded hy the Government or in general admi-
nistration matters in which the views, remarks, etc., I\re.'•.••
required by the Government or other autl1orities; •• -'11

••
3

12 Supply of Law Books .and Journals to Subordinate


Courts;
15. Supply of furniture, stationery articles, forms,
registers and typewriters to the Subordinate Courts;

"' 14. Fixation of holidays and vacationa of the High


Court;
115. Matters relating to re.distribution of territonaljuris-
dict,ion of the various Court'S in tJ1is State;
16. Preparation of annual statistics-Civil and Criminal.

Effective supervision and control, over the Subordinate


Courts in the Sta~. by the High Court are achieved by :

(1) the scrutiny of Civil and Criminal statis,tical return&


periodically,

(2) the personal inspection of the District CQurts and the


City Courts and Offices by the Judges, and

(13) the scrutiny or the monthly statements relating to the


observance of the special list system in the Subord~nate
Courts etc.

'remporary additional Courts are established by orders of


the Government on the recommendation of the High Cou;rt to
cope with heavy pendency. Annual statistical statements
are prepared by the High C,iurt, for each calendar year and sent
to Government for review. Besides, reports on salient features
of Administration of Civil and Criminal Justice are also sent
to Government. periodically. The Judges scrutinize the calen-
dars in Criminal cases ana select Judgments in Civil cases
wherever necessary and give requisite instructions for future
&uidance.
189/7-1A
4

The out-turn of work of the Subordini\te Judicial Officers


are assessed by the Judges quanMatively and qualitatively by
reVlewmg statistical returns, by the annuaJ confidential report;,
or half-yearly confidential reports and also by the perusal of
Judgments ..

The Chief Justice himself 'sees all important files and no


general, principle is laid down or important question of policy
decided without the approval of the Ohief Justice.

The Judges meet as often as the Chief Justice considers


necessary for the discussion of important matters.

'fpere is a Council of Law Reporting of which the Chief


.Tustice is the President with a few other members. 'fhe
Registrar is the Honorary' Secretary to the Council. The
Council supervises the publication of the Indi~ LMv Report
(Madras) Series, which is a Government Publica.hon.

'1.'hereis a Oouncil of Legal education,' a body concernQd


with making recommendations in policy malt.ters on legal
studies. A few Judges are also members of the Oouncil.

'fhere is a Hule Committee constituted under Section 123.,


Oivil Procedure Oode consisting of three Judges (one of
whom will be the President) with four other members. There
IS a part-time Secretary to the Rule Oommittee', chosen from
among the members of 'the Bar. 'fhis Committee attends to
the framing and amendment of RUtles of Pra'ctice a,nd Proce-
dure of ,Oivil Oourts and such other matters as areJ;eferred to
it. The framing and amendment of Rules of ,lce and
Procedure ~n th~ Original Side (including,\ /ncy) are
carried out bv
"
VIrtue of the. powers undet thel ,
;rs Patent.
,-

The Rules of Practice and Procedure to be observ\ JY, Oriminal


, ," " ,

Courts are made by the High Oourt with the pri(ll~approval of


the State Government.
5

A chart showing the distribution of \york of vll,rious officers


under the control of the Registrar is given in Annexme I.

The Registrar is the Chief Gazetted Officer and the other


Gazetted Officers who assist him in the administrath~e work
&re:

(a.) The Deputy Registrar.


(b) Assistant Registra~, Appellate Side. land
(c) Sub-Assistant Registirar, Administrative Department.

The other Officers, viz., Master, Official Referee, First,


Assistant Registrar, (Original Side), Second Assistant Registrar,
Original Side and Sub-Assistant Registrar, (Appellate Side)
attend to Judicial and other matters.

The Registrar is' the appointing authority fo: most of the


non-gazetted establishment. He exercises supervision and ~
cont~ol over the entire establishment on the Original Side
and Appellate side' besides Administrative Department which
comes under his direct supervision. He is incharge of the
High Court buildi~gs and compound, necessary supervision
being exercised through the Overseer.

DutieiO !lS8ignedto each Officer are . set out in Annexll re


No. U.

",
\

ApPELLATE SIDE.

rrhe Officers in charge of the Appellate Side are:


1. The Deputy Registrar, Appella;te Side.
2. Official Referee.
3. The Assistant Registrar, Appellate Side.
4. Special Officer (for PondichelTY \Iork) and Additional
Assis tan tRegistrar.
5. The Sub-Assistant Registrar, Appellate Side .

., The Deputy Registrar controls the Jnd,icial work in all the


Departments on the Appellate Side and is assisted by the
Official Referee, A{lditional Assistant Registrar, the Assist,a,nt
Hegistrar and the Sub-Assistant Hegistrar, Appellate Side who
are Gazetted Officers.

The Appellate Side Office is' comprised of the Court fee and
Appeal Exarniners' section, the Piling sections, the Notice
section, the Posting section, the Criminal section, the Trans-
lation and Printing Department, the 'Vernacular Records
section, the English Records. section, the Bench Clerks'
Department the Shortha,nd-writers' section, the copyists'
Department and the Supreme Court Section.
",~
, , The Memoranda of Appeals Or Petitions or Applications
on the Civil Side received on the Appellate Side of the High
,Court Office are examined in the Appeal Examiners' Section
to see whetlher they conform: t{) the Rules of Practice and
Procedure and to check whether sufficient Court fees are paid.
The papers, if in order, are numbered a,nd sent to tf-l1e filing
seGtQons. They are then circulated to the Deputy Registl'ar
or to the Judge as the caSe may be for orders as to the issue of
notice to the respondents. The Notice section issues notices
to the parties nftp!, the collection of necessary Process fees and
"\:
-
I

examinestl1e endorsement on the Processes as to the sufficinecy


of service and finally certifies the completion of service, ' The
papers are then sent to the Translation and Printing Depart-
ment for preparation of the record for the Court.' One of the
two Becord section has the custody of the original records
received from the Subordinate Courts for reference and prepa-
ration of the record until they are returned to the respective
Courts after the disposal of the cases.
After the cases are made ready, they are notified on. the
ready board. A weekly list of ready oases is published.
From this list, cases are added to the da,ily list of cases and
notified 011 the Notice Boards of the High Court. Copies, of
the daily list of cases are furnished to the Advocates on payment
of monthly subscription. The Posting section of the High
Court is in charge of the preparation and printing of the several
Cause Lists mentioned and of the daily' circulation of the case
records to the residences of the Judges in respedt of the casea
in the cause lists for the High Court.

A branch of the Government Press functions in the High


Court campus. This is intended exclusively for the printing of
the eause Lists for the High Court.
, Prior "pprov&l of the Chief Justice for the sittings of the
Judges for the succeeding week is obtained and a list thereof is
exhibited on the notice board on the last working day 6f each
week.
Judgments are taken down by the Shorthand-writers who
'form a, section of the High Court office and work under ,the
lupervision of a Manager, who is also i:!be confidential Steno-
, grapher to the Chief Justice: The Shorthand-writers will alBo
have to attend the residences of the Judges as and when
'required, out of office hOUfS,on Saturdays and holida,ys for
taking down Judgments and Orders dictated by the Judges.
-
8

. Aft-er 'the cases are heard and Judgments are delivered;' the
records are sent to the Bench Clerks' Department. 'Ilbe Judg-
ments are checked with reference to the case records and cita.-
1
tions. '1. heDecrees and' Orders are drafted and are approved by
the Officers. Then, they are sent to the Current section for
fair copying and for examining. '1.'hefair copies will be
signed by the Officers concerned before despatch in the Current
section. Copies of Judgments, Decrees and Orders together
with all the records .received from the Subordinate Courts are
re-transmitted 'to the Courts concerned through the Current
section .

. Ultimately, all papers filed in the High Court are sent to thti
relevant Record Rooms together with the Judgment and Decrees
and printed papers for being indexed and kept in custody.
Such of the papers as are not. reqttired to be retained perma.
nently are later destroyed as prescribed by the rules for the
destruction oj' records.

The grant of copies of Judgments, Decrees, Orde:rs, Exhi .


. . bits, .etc., ii'lregulated by the rules of the High .court relating
to copies. The Stamp . Copyists' Section consisting of a
Superin't'end'ent, Assistant Superintendent, Copyists, Examiners
a.nd Reader~ furnishes on copy stamp papers certified copies of
orders, etc., of the High Court on payment of charges. .'1.'hese
copies are certified by ~be Superintendent of the section'.

On the Original Side, there is no separate copyist establish-


ment as such, but two clerks of the general establishment
attend -to the copy complying work.. Copies of the Judg-
ments, Decrees, Orders, Exhibits,ete., in proceedings on the
Original .Side are furnished mostly by 'taking Photostat copieR
on payment of charges which are collected in the .shape of
Court fee stamps.
9

In respect of the Judgments, Decrees, Orders, Exhibits,


etc., which are found unsuitable for the preparation of the
Photosta,t copies, typed copies thereof, are furnished on plain
paper, duly cel,tified' by the Bench clerk~ or the Manager
(Original Side) on payment of the requisite ch~rges by way of
Court fee stamps.
'The adequacy of pa-yment of Court fees in the proceedings
on. the file of the Subordinate Civil Courts are examined by
Touring Court Fee Examiners (Northern and Southern Divi-
sions) of the High Court, who tour all the districts in iJheir
respective divisions.
The Criminal section is a compact section dealing with the
receipt, prepa.ration and postings of all Criminal matters, viz.,
Heferred Trials (References m.lder Section 374, Criminal
Procedure Code), Criminal Appeals, Criminal Hevision Cases,
and Criminal
:,'
Miscellaneous Petitions.
Periodically a panel of Advocates known as the Heferrec1
Trill.l Panel is constituted by the High Court 'to defend the
.a<lcusedwho are not represented by Counsel in cMes where an
accused is under sentence of death, II.nd in appeals against
acquittal, where an accused is liable to be sentenced to death or
a term of imprisonment. Such fee not less tha,n Rs. 50 as may
be fixed from time to time is paid for each engagement ont of
the State funds, to the Advocates in the Referred 'rl'ial Panel.
. .
There is aleb an A 1nic'Us Curiae panel of AdvocaJtes to
defend: the accused not represented by . Counsel in appeals
involving sentences of imprisonment for life or in other cases
where the Court directs.
A panel of Amicus Curiae (Civil) is also constituted
from time to time from which Advocates are appointed in suitable
.ases in First Appeals, Second Appeals and Civii Revision
Petitions, wherein the parties are not reprtlserrt.ed by Counsel.
~'he Advoca1es who act as A m.iens Curiae are not paid any fee.
10

There are separate panels of Advocates to act as Commis-


sioners and Receivers. Receivers appointed, are required to
furnish security. A panel of auctioneers of standing is also
maintained in the High Court for conducting sales ordered by
the Court. The a,uctioneers. have also to furnish security.

'rhe Supreme Court section attached to the Translation &nd


Printing Department deals with the. preparations of the Hecord
in Appeals preferred to the Supreme Court. After the records
are made ready in the prescribed form, they are transmitted to
the Supreme Court.

Posting of cases before a single Judge or a Division Bench


or a Full Bench is governed by the rules of the High Court in its
Appellate Jurisdiction. Where a Bench of two Judges hearing a
case is divided in opinion, the matter is referred to a third
Judge on the point of law involved and the majority view
p,J'evails.

The records of the several categories of cases are. main-


tainedseparaiely. The Hecord-keeper and the staff a,re
required to be careful in handling the records.
ORIGINAL SIDE.

rr'he Original Side Office consists of two parts, the OrIginal


, Side (Main) and the Insolvency. Office.

The Original Side Office, which is controlled by the First


Assistant Rpgistrar, is under the super:vision of a Manager
and consists of the Receiving section (known as Diary).
Summons and Registering section, Execution and: Taxation
section, Probate section, Original Side Records section, Posting
section, Decree-drafting section, the Photostat and the Copy
complying iiiection.
The Master, who ranks next to the Registrar, is a Judicial
Officer and does much of the Preliminary Judicial -Work which
would otherwise occupy a greater part of the time of the Judges
on the Original Side .. The following are some of the items of'
work attended to by the Master:
(a) Passing of decrees in suits to recover a .debt arising .
1
on a negotia-ble instrument or a liquidated demand in money
in cases where the defendant has not obtained leave to defend;
(b) Permitting the withdrawal'or dismissal o~ a suit,
appeal, application or matter by consent or where the other sid.
has not answered, or for passing a decree by consent except in
matters where all the parties are not Iu.i juris;
(c) Disposing of applications for leave to defend, leave to
sue or defend in forma pauperis, adding or striking out parties,
amenidment and expuriging of pleadings, issue of commission
for examination of witnesses, payment of moneys or delivery
of securities out of Court, appointment of guardian-ad-lium
of an infant, granting leltve to strangers to inspect and obtaJn
copies of records, issue of notices or citation, and enforcing
decrees l,\gainst legal representatives;
12

(d) Passing orders on applications relating to inspection,


Discovery and in'berl'ogatories, and generally on all applications
rela ting to the conduct of suits previ~us to the hearing;
(e) Examination of witnesses De Bene Esse;

(f) Hearing and disposing of applications in execution


for arrest, attachment, and issue of precept, 'and contested
execution petitions;
(g) Confirmation of sales in execution;
(h) Public Examination under the Companies Act.

On the Insolvency S~de, the Master makes orders of adjudi-


cation on petitions, of debtors, grants protection from arrest
to insolvents, directs the issue of warrants of a,rrest against
defauHing insolvents and fixes the allocations.

't The Master is also the Taxing Officer under the Court
F~es Act for dealing with reference relating to the proper
Court fee payable in suits, appeals and other proceedings insti-
tuted in the High Court. He aho holds enquiries as to the true
value of the estate of the deceased when moved by the Collector
of Madras.

The First Assist,ant Registrar, controls the offices on the


Original Side. He settles the daily Cause List in consultation
with 1)1eJudges on the Original Side, approves Orders and
decrees, passes orders on uncontested execution petitions,
settles sale procIama,tions and attends to taxation of cos~s.
On the, Insolvency Sid,e, he holds the public examination of the
debtors.

. The plaints are presented to the Second Assistant Registrar,


Original Side, the original petitions before the First Assistant
Registrar and the other proceedings to the Man'ager of the
OriginM Sidt;) Office. The Mam,ger, Original Side, examinu
13

(.heplaints as to the sufficiency of Court fee and! for compliance


with the requirements under the rules. 1£ the plaints al'e in
order, they are admitted and numbered. '1'he papers are then
sent to. the Original Side Hecord where they are indexed and
sent to the Registering and Summons clerk for entry in the
Suit Register and for issue of summons. After the service
is effected and written s,taltmnents are filed, the case is
posted before the Master for framing Draft issues. T~ater,
•• they a,re posted before the Judges for settling issues.
,Vhenthe cases become ready for' trial, they are included in
the monthly list of causes and later posted before court
for hearing and disposal. After the disposal of the case
the records are sent back to the Original Side records and the
Judgment and Orders are sent to the Decree Drafting section
and the Orders are approved by the First Assis,tant Registrar
after which copies thereof are made available to parties on
p'ayment of the prescribed charges.

'T'he Insolvency section is under the immediate superVISIOn


of a Manager (in the category of Bench clerk). The section
deals with all matters arising out of Insolvency Petitions filed
by the bankrupts or their creditors. This section is also under
the cont'rol of the First Assistant Hegistrar.

There is a Photostat section (since 1948) attached to the


Origin'al Side office for the preparation of photo copies of
Probates, Letters of Administration, Orders, Decrees, Judg-
ments and other records inclusive of Plans.

'rbe Sheriff of Madras and the Under Sheriff are Honorary


Omcers appointed by Government annually. The staff of the
Office of the Sheriff of Madras has come under the adminis-
tra!t,ive control of the High Court, since 1957 and became
merged with the Office of the Registrar of the High Court.
14

'11heDeputy Sheriff (a Ministerial Officer) supervises the work


of the section. 1'he main function of this office is tD etIect
services of all process such as \iVrits, Summonses, Notices and
Vvarrants and to conduct sales by public auction under orders
of Court.

The Second Assistant Registrar receIves and admits the


plain'ts.. He is in charge of the Original Side records and ..•.

Interpreters' section. He has to pass accounts of guardians,


receivers, etc., and to test the security offered in Court. He
has to sign the 'decrees, sale proclamations, letters of adminis-
tration, etc.

'rhe Original Sid'e records section is under the immediate


•• peI'vision of the Record-keeper. The destruction of records
.i1 cases disposed of on the Original Side is done in accordance .
,40
with the rules.

There is also the Interpreters section with Gujarat'l,


Hindustani and Tamil-clIln-Telugu Interpreters \vho are all'll)
Commiss'ioners for oaths. They a~tend to the interpretation
of evidence let in by parties and witnesses in Court.
I
!
~

f 'jj!

't STANDl~G OHDBHS OF TJIB_HIGH C()CH'l OFFICE.

l. GENERAL

Recruitment,
ORDERS.

Pay, etc.
1. 'rhe method of recruitment, the conditions of service, the
salaries and allowances, leave and pensions of the members of the
liioh
o
Court of Judicature ,at Madras are. regulated by the Tamil
:~adu High Court Service Hules. '

Office [-lours and Attendance.

~. 'l'he Office of the Registrar will work from 10-30 a.m. to


;'-00 p.m. but will be open for the transaction of business from
10-45 a.m. to 3-30 p.m. On Saturdays the oflice will work from
10-30 a.m. to 4-00 p.m. but will be closed for money transactions
at 1-00 p.m. 'l'he time for lunch interval will be from 1-45 p.m. to
2-15 p.m. '1'he Honourable Judges will sit in Court from
10-45 a.rn. to 1-45 p.m. and from 2-30 p.m. to 4-S0 p.m. on Court
Working days.

3. Attendance sheet for permanent members .und approved


, •. probationers will be kept in each Department and it shall be
initialled bv the members of the staff immediatelv on arri val. A
l'eparate attendance sheet will he kept in the' Accounts Section
in which the acting Clerk, Examiners, 'l'ypists, etc., will initial
soon after a.rrival. rrhey will also indicate in the last colmnn of
the ,1ttendul1ce sheet t.he sediOl} in which they are actually working.
The Head of the Department or Section will close the at'tendance
sheet at'10-S0 a.m. and send the same to the First Assistant
Registrar, Original Side or the Deputy Registrar as the case'may be.

A grace of 10 minutes will ordinarily 1)E' allowe2 to members


after 10.30 a.m. to sign the attendance sheets provided they give
~a,tisf!tct<)ryexpl3n3tion to the Officers concerned. .
--------"",,-:;;;;, ,.;::-.
-----.---------.,...-----.,...-----.,...---l
,
16 )
4. Such of the members, who arrive later, i.e., after 10.30 a..m. J
on Rll the working days and on Saturdays shall sign in the late
attendance register kept fOl'lt.hepurpose. '

The late attendance register ~vill be closed at ll-aO :1.11:. on all


the week days and on Saturdays. Forfeiture of a day's casual
leave will normally be the pen'a:lty for every three days',
laLe attendance in a lllOnth. In the first week of each month, the
Account section will pre are a list showing the. names of
melilberi': who were late for three days and abo",e, during the ••
preceding month and! submit the same to the Deputy Registrar 01'
the First Assistant Registrar, Original Side as the ease may be for
necessary orders.

Leave.

5. (a) Casual leave is not provided for in the Fundamental Rules


and is a concession to enable the Government Servants in special
circumstances to be absent from duty for sl10rltperiods without such
absence being treated as leave under the Fundamental RuleB or the ~ ~
~:J

I
Madras Leave Rules, 1933, as amended.

i'
I
(b) No Government servant inay, in any case, be absent on
cabu31 leave for more than 15 days in the course of one calendar
~~~,

year. Nor lJ13y any single period of absence on casual leave


exceed seven days. Casual leave may be combined with Sundays
Or other authorized holidays provided that the resulting period of
absence fronl duty does not exceed ten days. The fact that a
maximum has been fixed for the amount of casual leave which
may be taken in one yea.r does not mean that a memher is entitled
to take the full amount of casual leave as a matter of course.

(r:) Casual leave cannot be taken in combination with anv leave


recognized by fundamental ~ules, joining t,ime or vacation. " Such
combination may, however, be sanctioned in exceptional cases
provided there is no evasion of the rules: for instanoe, wIlen a
member is obliged to be absent owing to the preva,}ence of 1m
\nfecti~us disease in his house and is placed on special casual
leave and he himself contracts the illness and has to he grant@d
regular leaye in continuation.
l~
(d) Ordinarily applications for Casuall,eave, in the prescribed
••form below, for any .particular day on account of anticipated cap.ses
should be submitted at least a day previous.
Name.; Designation
Sectiu.n.
*Number of Number of
days taken d.ays required. Reason.
already.

Date Signature of Appliel.lJt.

To
••••••••• '.' • ~\ ••• ,1 ••••••• 1 •••.•••••••

(e) Bench clerks and shorthand-writers, in particular,


should give previous notices of their intention to be absent. from
~" ... omce. In case of sudden illness or the like before the commence-
ment of office hours, due intimation must be sent to the Manager,
1 Bench c1erks'department or shorthand-writers' section as the case
t~ may be, by 10.15 a.m:
l (I) Casual leave on account of sickness will not be granted
for lllore than tll1'ee days without a medica'! certificate.

(g) Ca-sualleave applications in the prescribed form should be


submitted to the Heads of Departments/Sections who will, In
turn, make necessary endorsements and submit. them through the
accounts section to the Officers concerned for necessary orders.

(h) Separate casual leave registers will be maintained by the


acconnt section.
(1) for the members in the category. nf Bench clerks a.nd!
above.
(2)£01' the members on the Appellate side.

. (3) for the members on the Original side.

(4}16r the other lllember8 of the establishmen~, last gratM


8ervice, efc.
12917-2
18
All the casual leave gnmt.ed will be entered in the respective
casual leave registers and a note should .also be made then and
there on the casual leave applications as well. '1'he Head Accoun-
tant should check the registers once a week and submit a monthly
report to the Hegistl'al' tIl 1'0 ugh the Deputy J1egistral' about the
proper maintenance of such registers.

All applications for casual leave, granted for a year should be


preserved by the Accounts Section for that period.

(i) When a member of the staff absents himself on ca,suallea,ve


he must hand over or send with his casual leave application ahy
oilice keYf>in his custody to the Head of the section and inform
the latter about any paper which must be a,ttended 'to during his
ahsence. The Head of section ShOllld give specific instructione
to the other members in his section to 'a,ttend to any item of work
which need not or should not await the return of 't~heclerk from
casual leave.

(j) When the Head of section absent,s himself on casual


lea.ve he shall hand over or arrange to send any office keys in hi3
custody to the senior n:lJember in the section and inform hi m about
ally urgent matter to be attended to during his absence on leave

(k) -When a member of the staff absents himself wilthout leave,


it should be duly reported to the Officers con(:erned. SOClt after
retlJrn to duty, an explanation should he obtained fl'ODlthe member
,'It
and submitted to the Officer concerned, by the Accounts Section,
for onlers.

(l)The acting members of the staff with les8 than three


months' service may not. be granted any casual leave. They may,
however, be granted casual leave at the rate of one day per month,
thereafter.

0, (al Applications for leave. should be submiiJt'ed to the


Registrar IDeputy Registrar through the Hea-d of the department.
The Head of the department should! always sta1te whether he
recommends that leave to he granted or no't:and whether a substitute
is necessary and submit the application to the officer .concerned
~hrough the Accounts Sec't:ion for remarks as to eligibility.
:19 .

(b) Applications for leave from members or the last grade


service should invariably be submitted to the Deputy Registral'.
through the Heads of Sections or the Overseer as the case may be.
for orders. In all cases where substitutes are necessary, the
Overseer will make suit!able arrangements, and will give top priority
in sending substitutesait the residences of the Honourable Judges. •
I •.
7. 'When leave or extension for l~ave on medic-a,}certificate Ie,
applied for, a medical certificate from a, Government MedlCal Atte9-
dant or other Hegi8tered Practitioner in the prescribed *form sho'-
be produced.

FORM.

* Medical cer,tificate for Non-Gazetted Officers recommended for


leave or extension or commutation of leave.

Signature of the Applicant :


I
I , after careful personal examination of
Il the C,lse hereby certify that " " " .

1~ whose signa\ture is given above, is suffering from


••.•••••••••.••••.• and I consider that a period of absence
•• !•• , •••.••.•••••.••
0< •••••••••••••• , ••

from duty of "', is absolutely necessary for


the restoration of his health.

Dated .
,
,
,.~
Government Medical Attendant
:'.,J or oth~r Re!gistered Pract~tioner.
~
8. J..Jeave at short notice will be refused unless the application
is' rmade in exceptional circumS'tances. Applications for leave
without medical certificate must be made at least a fortnight in
advance of the date on which the leave is to commence.
9. Applioations for extension of leave should be 8uhmllted one
week in 'advance of the expiry of the previous leave. Belated
applications may be rejeCted. '
10. Leave will be refu!,ed in ca,ses where the address of the
applicant is not given in the leave applications and Heads of Sections
are not to entertain such applications.
189/7-2A
20

11. PrivIlege leaye l1~arned leave) for less than one mont.h at a
lime wIll not nonna,lly be granted.
12. No shorthandi-writer shall apply jar leave while a case or'
other proceedings in which he has taken notes of evidence remains
part-heard, unless there are strong grounds for so doing. But if
It becomes imperative that he should take l,eave, he must obtain
the necessary sanction for leave of absence from the g,azetted officer • l
concerned. He must apply sufficiently early, if possible, on the
previous day or at the latest by 10.15 a.m. on the dayl on which the
shorthand-writer has to be absent. In such cases care should be
taken to see that the note books containing the notes taken by the
shorthand-wdter in Oourt previously are made available to the
Oourt through another shorthand-writer.
13. Heads of sections should see that when a clerk goes on
leave (including Vacation turn leave) or when he is transferred or
promoted he furnishes (before relief is given) a list of all cases [LDd
papers pending with him to be 'attended to by the successor and a •
iist of all articles (especially material objects in Oriminal cases),
In his custody to be delivered to the successor. If a member stays
away through sudden illness or allY other ca,use, it is the duty of
the Head of the Section to check the work that he has left and to
see that it is dealt with by other members.
14. vVhenever there is a change of personnel in the office or
the services of temporary hands are dispensed with, ~heir B~ationary
should be transferred to their successors or secured by some person
tleputed by the head of the section concerned to be returned to
the stationery clerk.

Holidays and Vacation.


15. (a) Urgent work must be disposed of and accumulation of
arrears if any, must be cleared before' holidays are availed' of by the
members and turns shall be arranged according to the requirements.
of each department.
(b) A skeleton staff will be deputed for "turn duty " by the
Sub-Assistant R.egistrar, Administrative department to work on
lJOlidays, to a,ttend to phone calls or other urgent calls from the
Officers and Honourable Ju.dges, for which compensation holidltys
\\ ill he allowed under the rules in force.
!.llJ.

Dress.

16. Members of the establishment should! be n~a,tly and cleanly,


dressed. Bench clerks, shorthand-writers and other members who
attend Cour,ts are required to wear black coats. If. they are open:
coats, white shirts and black ties will have to be worn. Those not
dressed in 'Western style will, in addition, ,\V63.rwhite turbans.

Responsibility for custody oj papers and records.

17. No member in whose custody a paper ought to be by virtue


of his office or to whom it may have been given will be relieved:
t from liability t-o account for it, unless and until he shall have
shown satisfactorily by written vouchers that it has passed! from
him to another member of the staff.

18. "When papers' containing records or enclo3ureil are seni)


in the course of business from one branch of t4e office to another,
it will be the duty of the member who receives them to see that
none of the enclosures belonging to the record are missing.

It will also be the duty of the member, who sends Buehl


papers or enclosures, ito got written acknowledgment in a note
book (non-standardized) with full particulars as to the p~perS'
sent, by obtaining necessary initials with dates from the recipient.

19. Heads of Departments/Sections must; exercise clLrefu1


supervision over the work of their Jtaff especially to see that
official papers, are not lost. Records or disposals taken from the
record room 'should be returned to the Record room' as soon as the
l

purpose, for which they have been taken, is over.

'20. Heads of departments/sections will periodically inspecti


the rl'spective Record rooms llllr.er their control :tId Sl'C that the rules
regarding indexing and classifica.tion of records and {lestructio~
of recorda are properly and promptly observed and also ensure
tha~, the relevant registers are properly mi\int.ained. When any
record of disposal is outstanding' for more than six months from
the date of issue, steps should be taken to see tha.t it is not,
unnecessarily retained. Any breach of the rule or neglect of outy
in the record rooms must be reported to the Registrar.
21. When a Judge retires or vacates office, particular aare
shQuld be taken by the Heads of sections/depart,mentt~s to see
that all papers, records, confidential boxes and keys, etc., sent to th~
Judge are received back in the office.
22. No anember of the establishment is permitted to remov~
papers from the office. The Bench clerks will stay lalte in the
office and a<lquaint themselves with the records. Special permis-
sion fer taking any papers home should be obtained from aTh
officer of the rank not lower than the Sub-Assistant Registrar.
23. Judgments, decrees and orders and dther records should
not be shown to Practitioners except under specific orders of the -
Registrar or Deputy Registrar. t"
24. No newspaper reporter shall be allowed to see any Judg-
ment without the express permission of the "Head of the depart-
ment. The Head: of the department will obtain the orders of
the Officer-in-charge of his department in cases where he feels a (

doubt and in special cases. t

25. No member of the establishment shall .disclose informa-


tion made to hirrn in Official confidence or knowledge ga.ined by
him in the course of Official business.

FHrnitme List-- M nintenanoe of.

26. (a) A list of furniture in eaqh rOQl11will be maintained\ In


s, note book, the size of which will depend on the number of
items of furnifure in the room. The list of furniture will he
mainta,ined by the following persons:
1. Count!list--Daffadar or peon (to be kept in the Conrt' •
'eoncerned).
2. Chamber list-Attenders or peons in charge of the
'1hamben (to be kept in the chamber itself).
3. Section list-Head of the section. The Police Sergeant
will keep the note hook for the gna,rd-room and the Court-keeper
tor the Court-keeper room.
The furniture in t;he mending section will be included in the
note-book of ~he Original Side records.
A Master Hst of furniture will he main'taine(J\, by the acconnfs'
section, D' section and the Overseer.
I
(b) The Court list should be made available to the Bench clerk
when he makes the weekly check of the books in the Court so
that he may check the furniture also and include it in the reports
and this report. as regards furniture should be submitted to the
ASciisvmt Hegistrar (Appellate Side).

(c) Theattenders in charge of the respective chambers will,


at the beginning of each month check the articles of furniture in\
the chamber and tally the same with the lis'b in their custody and
." 'imbmit a report to the Assistant! Registrar (Appellate Side) through
the Overseer.
,
(d) The Heads of sections will similarly oause a check to'
be made of the furniture in their sections during the firfffiweek
of every month and submit a report to the Assistant Hegistrar,
Appellate Side.

(e) The Assistanlj; Registmr will scrutinize the repor'ts and


hring to the notice of the Registrar through the Deputy Hegistrar
any matter whieh he considers to be important.

(f) These monthly reports should be collected' and submit-


t,ed to the Registrar through the, Deputy Registrar for perusal
every quarter, V1:Z., in tbe months of March, June, September
and December of each year.

(g) Any temporary change or shiNing of furniture should


carefullv be noted in the list and the articles transferred back
to tl18ii~original places, the moment the purpose for which the
• temporary transfer was effected is over.

(h) No article of furniture should be permanently trans-'


lerred from one place to another except with the sanction of the
AssisiDnt Registrar, Appellate Side and when it is made, the
respective list~ should be suitably altered under intimation to 'D'
secti.on, accountR Rection and the Overseer for necessary altera-
tions being carried ant in -the 1\faster lists maintained by them.

(i) Corrections and additions in the Overseer's nQte book


relating to the furniture in his room will be initialled by him and
the Snb-AsRistanlliReg1stra.r, Appellate Side. The officers whot
have the custody of, the note books will bring 'fo the notice of tJ:ie
Onnwer, any repairs that are necessary from time to time. Thev
J
will inspect the furniture in their charge and: send 8 report by
tirst of February each year to the Budget sectIOn at! to the
articles of furniture which require repairs.
(i> On Saturdays, the Overseer will (;ollect half a dozen of
the Court and chaanber peons. al~12 noon, when they would have.
finished their weekly cleaning of the Courts and chambers and
put them on the special work of scraping and poli)3hing the office
fUrlJiture. '

(k) .~ll the articles of furniture must be checked annually
during the Summer vacation and a report suhmitted to the
Hegistrar by the first of August each year with the inventory.
'1'he c.heck will be done by the Vacation Officer with the help of
the Overseer. All items should be ticked if in good conditio~
aHd a. report made about the other itelIlls. The officer will afteJ.f
completion of the physical verification of furniture, endorse a
certificate of check in the Master list as required in Madras
Financial Code, Volume T.

B.u,ild'ings and gardens-- Duties of the Overseer.

2i. The Registrar is in charge of the Buildings and grounds


of tihe High Courlt and he exercises his control mainly through the
Depul,y Hegis'tnr and the Overseer of the High Cowt.
28. (11) The overseer is responsible for seeing ithat the High
Court premises are kept clean. Persons who ha ve not got busi-
ness in the High Court should not he allowed to kiter unnecessarilv
in the verandahs, though persons who come to watch the proceed-
ings (of the High Court) should not be prevented from doing so.
He is also responsible for seeing that the latrines within the High
Court compound are kept clean.
(r.) The Overseer is under the direct control of the Deputy
Registrar. All his registers of Mcounts ana sta.tionery, etc.,
will be checked by the Sub-Assistant ~egistrar, AdminiRtrative
Department periodica.lly and a report sent to the Deputy
Registrar every quarter.
29. The Overseer Rbould see that if:JheNational Fla.g if': duly
flown on the High Coma: flag-staff Mcordiri.!! 1,-6 the procedure
prescribed for the purpose, from' time to time, by ~he Government.
If the flag gets torn Or worn out or becomes faded' or soiled,
it should be destroyed. When the flag gets unfit for further
use the Overseer should forthwith report the matter tv the nudge~
section, Administrative department for replacement. The said
section will immedia~ely supply a new flag to the overseer. The
Budget section will always in advance, make necessary indent for
the new National l!'lag and keep them in reserve.

30. On the first Saturday of every month, the following


officers will in turn inspect; the whole of the High Cour,t premises
with a view to find~ng out any defects and to make a report to the
Registrar as to the repairs that are necessary.
1. Deputy Registrar, Appellate Side.
2. Official Referee.
3. Special Officer (Pondicherry) and Adklitional Assistant
Registru.
,1 First. Assistant Hegistrar, Original Side.
fl. Assistant Registrar, Appellate Side.
6. Privale Secretary to Hon'ble the Chief Justice.
~ Seconu Assistant Registrar, Ol'igin::11Side.
01 The Overseer will see tha,t all Court.s, Chambers and
rooms are locked at night and the keys handed. over to him.
The Overseer and the Court-keeper should by turn make
surprise visits to the building at nights to see whether the
watchmen are alert and are discharging' their duties properly and
promptly and should submit their reports. on such surprise visits to'
the Regis.trar, tbhrpugh the Deputy I-{egistrar.
3~. The Overseer is also in charge of Ad'voc~,tes' chamber~
and garages. He will see that they are kept clean. When an
Advoeate siltnifies his mtentiion of vacating his chambers, the
overseer will formally take charge of them ano report immediately!
If,o the Registrar through proper ch'annel the eonditiqn in which
he finds them and tbe loss of (l,nyfixture that he ma,ydiseover.
~3. The allotment of ehnmbers Rnd g'ar8,~eswill he dealt witl:!
in Budget seef,ion anol orders of tlle Registrar win be obtained as
and wben neeesss,ry.
26

34. The Overseer and the Court-keeper should periodically


inspect Notice Boards and see that they are being kePt properly.

,35. A Master list of electrical fittings and fixtures in th6


chambers of the Advocates will be maintained by t,h/3 Overseer.
He should periodically check the fittings and fixtures with the
member in charge of the portfolio in 111heAdministrative depart-
ment and report to' Sub-Assistant Registrar, (Administrative
department) whether the eledl'ioal fixtures, etc., are in conformity
with the sanctioned scale for which electrical charges are collectedl,
36. The Overseer is also in charge of the ~arden and the
garden staff. 'The malees should be mustered before him at about
(7.30 a.m.) in ,the morning by the maistri. No cattle should Le
allowed to graze in the High Court compound and the Overseer
should see that this prohibi'tion is enforced and that the regula-
tions as to the parking of Yehicles are carried out by the Police.
The Overseer should also see that the garden is well maintained
and the plants are properly watered and periodically manured.
He is als'Oin charge of garden implemen!ts.
37. The Overseer should see that all attenders, peons a,nC!
nigh't watchmen clearly understand the rules and instructions for:
the protedtion of Government buildings against fire contained in
the annexnre to G.O. No. 2993, Public Works, dated 10th Decem-
ber 1941 as amended from time to time. They should he clearly
instructed that immediately a fire is de'tected, the bell gong
(situated at the High Court quadrangle near the High Court 'Post
Office) should be sounded for giving the first alarm and intima-
tion a.lso given to the nearest Police Station 'lnd: fire brigade by
telephone .01' otherwise and that the electric current should be
switched off at Ithe main., The Overseer will assist the officer
deputed to give pra.ctice drill to the a.ttenders and peons in thig
behalf.
38. The Overseer will be responsible ,for keepin!! the fire
extinguishers in the High Court buildings in working order and
shall "go round once a week to see that each extingiIisher is lifted
off"its stand -in order to ascertain whether it is filled Or in proper
onlE'f If 'any fire extinguisher is found dlschargAd or any dner
i

defect is detected, the maitter should at once be reported 'to the


Sub-Assistant Registrar, Adlninistrative department for taking
suitable action.
39. A Hegister of fire extinguishers ahould be mainltiained by
the Overseer in which the numbers of the defective extinguisher~

I with remarks as to the nature of the defects, date of report, etc.,


should also be noted.
40. The Overseer should see that the fire extinguishers are
t prt;f;SlJretested once in two years and soda solution in The fire
extinguishers are replaced once a year. He should alsl) periodi-
cally see whether the nozzles of the fire extinguishers are free from
~,
any defect.
41. 'rhe Overseer will also see that. the [n'e huckets are full of
sand or water. Fire buckets filed with water should be emptied:
on the ground (not down a drain) thrice a week and should kept
dried up before they are refilled. It shouldl also be ensured that
at least one bucket filled with water is always available.
42. The Overseer should also keep a list showing the 10caHon
of the fire hydran'ts and should arrange to have them checked once
a year to see whether they are in working condition. (Vide also
High Court's Circular Roc. No. 79/69 S.O.P., dat-ed ':l8th
December 19(9).

43. The Overseer should maintain the office bi-cycles in proper


.:!ondition anel see that the machines are 'lot dmnaged through'
negligence. It must be impressed on the peons that they will be
liable to pay for any repairs or damages caused by their negligence
or carelessness.

44. The Overseer will supervise the circulation vans and the
.. work of the Drivers. Every Saturday morning the Overseer wilD
cheek the level of the water in the batterv (the ulates should be
L

., ~l
,vel! covered with water) and the pres~ure in the tyres ancl
'1- submit a report to the Deputy Registrar setting out also the
/ defects if any detected. The vans should be sent for checking1
i a,nd sG!.'vicingperiodically io the Government Central \Vorkshopl
.' (as l"equired nnder the rules in force). Once '] month he wi!»
work out the average mileage for a litre of petrol (consumed) and
1mbmit a statemenf, to the Deputy Registrar for review.
45. The Overseer should apply in time to the office for
renewal of licences for tIle High Court Vans ann the Hand:
) Cart. He should also a,pply in time for the i'enewal of fitnes"i
certificates for the vans.
\
28

46. He shall arrange for the purchase of minor articles out of


contingencies wjhich may be aa.nctlioned for packing or clearing or
for other pU'rposes.
47. The members of the establishment other tha.n those
belonging to superior service will come under the supervision of
the Overseer. He will muster all Duffadars, Chobdars and Peons
:in the morning at 9.30 a.m. and will report breaches of discipline
to the Deputy Registrar. He should see th[Lt the peons, etc .•
maintain a neat appearance. The attenders working in various
sections should also give their roll call to the Overseer before
10.00 a.m.
48. Applications for leave from peons at the residences of
the Honourable the Judges other than applications on groundsl
of ill-health should be submitted after obtaining the permission.
of the Honourable Judge concerned. '1'he applications will be
submitted to the Deputy Registr[Lr for orders.

Duties of the Comt-keeper.


49. The Court-keeper will work nnaer the immediate super-
vision of the Overseer. He will see that the floor and carpeta
of the Gourt halls> are properly swept and furniture kept neat anw
tidy .. He will be responsible for seeing that the furniture, lights .1;-

and fans in the Court! halls are in good condition. He will see
that strict silence is maintained in and around the Court halls.
He will also report anything of an unusual nature to thel Overseer.
50. 'l'he Court-keeper should personally inspect the Courts
before 10.30 a.m. and seel that everything is in ordler. The Over-
Beer will also make a randum check by himself inspecting one or
two Court halls everY' da.y.
51. Every Saturday the floors of the Court hans must be
properly wa,shed, the furniture being removed for the purpose.
'1'he Court-keeper will be responsible for seeing tha1t, this is done'
regularly.
52. The carpets on each da~s will be taken out during Summer
Vacation and scrubbed properly and the dais and stair thoroughly
cleaned. The Vacation Officer will see that 'this is done. During
the Dasa,ra or Christmas Vacation the Court-keeper will see ~h&~
carpets are given a. special bruRhing &nd cleaning wit.h()~t removin~
them.
53 (a) The Court-keeper will be responsible for the proper
maintenance and running of the wall clocks in the Court halls,
Chambers and Office. li any clock or time piece goes out of order
at any time it should be immediately reported Ito the budg6€
section in the aaministra.tive depa.rtment. He should go rQ.W1d
the High Uourt buildings each morning 'to examine wheth:er thE't
clocks in the; Court halls and the clocks and time-pieces in tho
..• chambers and sections are keeping up accurate time. l£he beil
gong should be sounded only under IllS immediate supervision.
(b) The Court-keeper will be responsible for the cleanliness
and neatness of t.he chambers of Honourable Judges. On all<
Saturdays when the office functions, the Court-keeper should
direct the attenders in-cha-rge of chanibersto see that ithe walls,
doors and windows in the chambers are properly dusted and tho
furniture kept neat ,and tidy. He l:nay also utilise the services
of the chobdars whenever necessary.
(c) '1'he Duffadars and' Peons in the Courts will work under
the immediate supervision of the Court-keeper.
54. .court-keeper, Jamadar, Duffadars and Peons should be
I 'C'
courteous in regulating the crowds in Courts.
55. While the jamadar will be in charge of the first Court, the
duffadars will be in charge of the rest of the Courts, each being in'
eha,rge of two or three Courts.
5G. The jamadar will in addition attend to the following.
, J
1. Allotment of peons or attenders 'to various sections in the
ofnce.
J .

~ 2. During exigencies the Overseer may, in consulta't~on with


the ga?:eHed officer in charge of the section/department con-
cerned, depute a, Peon or aiJt:enderto the Courts or chambers of
the Honourable Judges. He should see thatJ a chobdar alway~
goes ahead of the Honourable Judges and a peon or <1uffadarl
invariably follows each Honourable Judge when going to the Court
from the chambers or Vice Versa.
57. The Court-keeper should depute sufficien~ number of Peons
or gardeners, etc., for paoking or despatching all articles senI by
rail. He should similarly arrange for unpacking of parcels or
packages received by rail.
58. The daily cause list boards hung up in flOut of each Court .
room will be placed in charge of the duffadar of the COUlit andj
should he: shown in the list along with other 'articles in the Court.
-rhe number of the Court to which the boards relate should be
painted on the back of the board.
59. 'l'he peon in charge of the key of each Court room, cham-
bers Or office room will be held personally liable for the loss by theie
or otherwise of the furniture fittings, books, papers and other things

_.
in the room. When the Public Works department maistries
• coolies are allowed into the room for repairs, etc., the peon in
charge must personally be present there till they leave the room.

60. Peons especially those on duty at the residences of thc-:


and.

Honourable Judges are expeCted to keep themselves clean and j

neatly dressed and to be orderly and obedient in t.heir behaviour.


61. The Court. keeper will be responsible for tthe collection of

clothes from the last grade servants for purposes of washing an~ ¥ i
for the redistribution of the w,ashed clothes to the members con-
cerned from time to tiU1C. "Ie register therefor will also be main- I
tained in which particulars of clothes given for 'washing, charges
therefore, due date for return of clothes by the Washerman and
~-l I
i

also the payments made from time to time, will be entered. The
Court-keeper will bring the bills to ' E 'section, administrative
department,. for being scrutinized before they are passed for pay-
ment.

62. The heaJs of SeCLOll'lwill see that their sections/department'S


are kept clean and tidy, that the attenders and peons in their
sections dust the doors and windows as also. the furniture daily ana;
that the racks, almirahs, glass panes, et-c., are dusted once a weekl
every Saturday. Any neglect on the part of attenders or peons will
have to be viewed seriously and ,action taken therefor. AU heacle t}f
seet-ions will submit to the budget section a monthly report a.s to
the observance of these instructions.
ADMINISTRATIVE DEPARTMENT.
63. The Administrative department under the control of the
Suh-Assistant Registrar (Administrative department) will be divided
int~ following sections:
4., Accounts and establishment section.
31

. B. Gazetted Officers' Service section (Districil Judges, t:)ub-


Judges. and. District Munsifs).
C. Services section.
D. Budget seetion.
B. Magistrates' section (Additional First Class Magistratesl
and Sub-Magistmtes).
Ii'. Rules and rulings sect-ion.
G. Current section.
135. Statistics section (Civil).

I~ach section will have a Superintendent besides the sanctioned


strenit.h of assistants and clerks. The Head Accountant will be
\.
in charge of the accounts department. All matters relating to
t establishment will be dealt iwith by the ~stablishment clerk and
his assistants, subject to the overall control of the Head Accountant.
Each sea!t in the administrative department will be known by the
section alphabd follmved by arabic numerals. For insta.nce seds
in 'B' Section will be known as B1, B2, BS, e'te. This number
will be clearly marked On the concerned member's personal and
;
periodical registers. The subjects to be dealt with in each sect;ionl
and the distribution of work amonl'! the various Assistants, etc., will I
be in accordance with the orders of the Registrar and the list

I·~,
sealed by him from time to time.

64. Members in the Administrative branch should not leave the


office until the Regi8'trar does without special permission.

Ente1'ingof fapals, etc.

65. (a) When the tapals are opened by the Assistant Registrar,
the Tapal clerk will take out the Administrlttive Tapals, sortl
~
them section-wise and' will give each current a serial number i:Q
the respective distribution register (as in Form I below). The

I
Assistant Registrar will ini'tial the last entry in ~he dis,tribution
registers.
(1:1) The Government, tapals will be placed in a flat nIe:
I marked "Very Urgenif~Government Tapals" ll,nd sent to the
I, Hegistrar generally before 12 noon every da~ for perusal. i'fter
,
32

perusal by the Registrar they will be perused by the Deputy,


Hegistrar and then by the Sub-Assistant Registrar andl the Supcrin-
t,endents of the Administrative department including the Hea<1
Accountant. Thereafter the Government tapals will be re.~urned
to the tapal clerk who will sort them ~ection-wise and -include
them in the general rrapals kept for distribution to the sections.
(c) All the rrapals after entry into the respective distribution
registers, will then be placed before the Hegistrar the same evening
lor perusal. After such perusal, the tapals will be seen by the
Sub-Assistant Hegistrar, Administrative department and then sen't
to the respective section heads. The Heads of sections will tlhen
mark on each current the seat No. (like Bl, B2 OrDl, D-2, etc.,) to
which the papers relate and thereafter the members concel'l1ed in
the section will soon take out the currents, initial in the distribution
register with d'ate and also make a note of the back number if any.
The Heads of sections will finally initial the distribution register~
at the end of the day's entries and send back the registers to the
tapal section. In case of any dispute as to the section to whicH
~. current should belong, the Sub-Assistant; Registrar, Administra.-
tive Department or the Assistant Registrar will examine and decide
Gl(' matter then and there. In case any current has been wrongly
sent to a section to which itdloes not relat.e the head of the section
i'oncerned will take the formal orders of the Sub-Assist'ant Registrar
for being sent to the concerned section through the ta.pal section ..
rrhe Assistant Registrar will be responsible for seeing that the
Tapals are distributed as expeditiously as pos;sible.
(d) If telegrams, etc., come into the office when the distribu.
tion register is, for any reason, not available, the Sub-Assistant
:Registrar will get the acknowledgment of the clerk concerned on a
separate slip which will be handed over to the tapal clerk, who will a~
soon as possible incorporate the contents of the slip in the d'ist,ri-
bution register and get a formal aclmowledgment from the
rocipient. Telephone messages will not be ent-ered in the distri-
bution register. A reference" arising" in the office will be
numhered in the distribution register and entered in the personal
r,egiRter of the clerk, just like lany other paper.
(e) During the vacation, papers will be entered in ihe
distribution registers under the supervision of the Vacaltion Officer.
'rum clerks will deal with mgent matters making a, note of action tI
!
\
.,.
.,
,i
33
I
taken. 'l'his and all non-urgent pa'.pers will be handed oyer t,o the
r member concerned for incorporation in his personal register as soor:
as he comes to the office..
't
(/) Each memher (excluding Superintendents) will maintain.
personal register in J3'orm lland (where necessary) a periodical
l'egister in Form III given below. It is enough if the Budget ClerkJ
:t ihe Stationery Clerk and the Librarian have each one personal regis-
1
! ..,.. ter without separate registers for thei'rassistants. As soon a,s the
~.

, (,lI}erksreceive the tapal papers, they will enter them in their perso-
nal and periodical registers. The tapals will consist o.f, (1) old(
::ases, i.e., papers which have to be filed with existing current, (2)
new cases, i.e., papers whether received by post Or "arising" in
the office which will start new files.

FORM I (H.Ct. FORM: No. 579),


Disfr,'bution Regi<ter.
Current number. From. Encls. Clerl<:'s init,ials. Back current
number if any
(1) (2) (3) (4) (5)

FORM II (H. Ct. F0RM No. 580).


Personal Register.
~.
Rof8rences. Replies.
•...
0

cO ,...-""--~ ,--,.;.....~ ..,'"


cfl
~
..
~
\ "t:!
"d
r:
cO
"0

: "0
d
cO
L

<:)
'"
<:i
.9
.., •..
'1li

~
•.. ~ <:) CI)
•..
~ ..:
L
..0 0 0 CI) .D CI)
" c.. 00 S::l
CI)
.D
.D
S::l
'Q)
<:) Ei 'S 0
..0
..,
0
S 'd
.D
S
8 •.. g ::l
di
::l
1'; ..
d
..,
<l)

•... ..;
<:) i
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~
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a
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] ~g,
S
a ..., ,~ell
'd ~o"
-; '2:;
:: 0 ;~
.., S0 .."0;; ,,; ~
'r:
CI)
1ll
•..::l
' O.
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.D
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..
.r;;.
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.g
00 ~
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OJ 0
E-t r;;.•.." ='"0
0
E;fi
~
J (1) (2) (3) (4) (5) (6) (7) (8) (0) (10) (lJ) (12) (13)

l 189/7-3
34

FORM lIT (H. Ct. FORM No. 581).


Periodical Register.
Reference •• Replies. •...
0

co
~
.p
r---"--""" r- - .A..-----..
'0
.p
01
'0
~ ." =
01
"0
~ "0
=
,J:J' g t
01
...•.
'" .,3 ~ •.. .: ,J:J
~
..: ,.,.. ~ '" S ,J:J
'"
,J:J ,J:J ::l
8::l
::>
S' "$
S ~
.n '-:=co ~ = ..•01
S
::l
~
01
0,

i' ''•..""
•... ~ ~ a = i:
~ co ~ j?
3•..
~
•..
::l
.a
.p
0
co
,

Q
co
'0
os .,; ~
0
..c: ~co
•.. 13
o~••
'0";.p
01
~"'
Elo~
.p
"', .p
0 .p .p

..,•..
0 ~"C ~"O
..,•.. co \:l
~,

::l ::l ell


0
ro
0:
Z A A !:Ii 0 A
0
~ 0 0 z
( 1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)

(g) All covers containing 'l'appals addressed to the He~istrar


liay, be opened by the Tapal Clerk except:
(1) those addressed to the B.,egistrar by name or marke:1
confidential;
(2) those addressed to the Honourable The Chief Ju"tice by
name or designation; and
'.
(S) Secret and reop Secret let,ters addressed to the Registrar °

Confidential papers.
66. Every confidential communication received in the Adminis-
trative Department will be registered in a sepa,rate register to be
kept with the Sub-Assistant. Registrar and maintaineli by a member
specia.lly deputed for the purpose. Confidential papers \yilJ be kept,
with the Sub-Assistant Registrar after disposal and should find a
place in a special annual index. This does not apply to secret
papers kept with the Registrar and given a Registrar's confidential
number.
Periodical Register.
67. 13efore, the beginning'. of each month, eal:h member should
en tel' (wi tll l',derence to the perm allen t, list of periodicals) firstly
those periodicals .which. originate in the oftlce (not being c0mpil;~-
tioue from distri.ct returns), secondly the perlOdicf1ls which ilre due
to the High Comt; showing' the oftices from which they aredne.
Heturnsj on teceipt in the High Court will be numbered in the
distrioution register like any other letter and this number, will . be
repeated in column (6) of the periodical register. Column (13) will
show the disposal, e.g., the High Court's return to Government or
the High Comt's view of the retmns from the districts, etc. Entnei:ll
in column (2) should be crossed ont when the retmn has been
disposed of, so as to show at a glance \Thich are pending and to
obviate the necessity of can:ying fOl'\'\Jcd pending returns from one,
month 'to the next: .

68. If any periodical return is not received within seven days


Crom the due date, a reminder J11USt 1)8 issued at once. A second
". reminder calling for the explanation for the delay should he issued
-on the 15th day. If the return is not received in 21 days, the-
matter should be brought to the personal notice of the Registrar.
6~). rehe following papers need not be entered in the person[('
rcgisters, but shall On receipt be entered in the special rfgiRters
lI1'i1intained for the purpose: '

1. Heports of transfer of charge and casual leave.


2. Applications for chambers generally (except when they
relate to particular vacant chambers).
3. Landed propei'ty statements.
rrhese may be entered in the personal registers when references
have to issue on them.

Personal negistcr.

70. The serial Dllmber ill column (1' indicates only the number
of new: papers, the member has to deal with. It ii>not the number
to be quoted in referring to any letter. The number in colmnn (2)
is the number by which any letter ontbe subject will be known.
189j7-3A.
36

It ia tue number given in the distribution register and in quoting


the number, the section letter and the seat number are added. e.g.,
.'\..2receives a new paper which is numbered in the sec_tion'~
distribution register as 2438. Subsequent references regarding this
subject will be numbered as 2438 A2, dated , "J

All intermediate references will bear ihis number. When the file
is finally d'isposed of, it will receive & disposal number in one of th6
lOur numbering books according as to whether it. belongs to the
P, X, R or D series maintained by the Telephone Operator.
This number will be noted in the last column of the personal or
periodical registers. 'When ,a file is simply lodged, it will go to
the rf,lcordroom under its current number only with the letter" L "
prefixed.

(a) Column (4) of the personal register will conta.in first thai
major head from the authorized list of heads, then the sub-head
and then a few words indicating the purport. These iudex heads
will invariably appear at the head of all notes and letters on the
subject and will be copied on to the index slips. rIh. correct
preparation of these abstracts requires considerable skill and should
be constantly checked by the section heads and superior officers.
(For detailed instructions regarding indexing vide Standing
Order No. 88).

(b) In making the original entry in the persona'! register, the


clerk should allow enough space for the entry of the subsequent.
correspondence likely to result. If more space is later required, a
fly sheet may be pasted in for continuation. En'tries must be nea~
and in ink except that columns 7 and 8 (movements of file within .• j
the office) may be entered in pencil and if more space is required 1
the old entries may be rubbed out. 'Ihe personal l'egisters main-
tained by the clerks must contain all the pe,rticulars indicated by. ~j
the column headings. Dates must be given for every entry. Every
outgoing and incoming letter, whether it be an intermediate refe-
n~nce or a reply, and the final disposal must be ent<Bred,yith the
date.
I
(c) The letters and references received subsequent to the
origina,l reference. should also be entered in the appropriate place in
the personal register. In such cases it would suffice if columns
l, 2, 3, 5 and 6 of the personal register are filled up. OriginaL
current. nllmhf'r will he entered in column 13 and the entry in'
37

column 2 rounded off. Entries should also however be made in


the origin~l reference for all ~nbseq uent references or letter8
rceeived. In important matters like G.Os., a brief purPOl't will be
noted in column (4).

Arrangement 0/ current files.

71. As soon a-s the member dealing with the file receive. the
previous papers, he will arrange the file and put up papers for
reference in pads marked " Urgent" or " Very Urgent " as may
be appropriate. The papers forming the current file will be tagged
together and not pinned or tied with thread. A hole should b.
punched in the 108ft hand upper cornel' of each paper with a plin('h
and the tag must pa,ss through the holes. Files must not he tagged
untidily Or in such a way that the pages cannot be 'turned over freely
and read conveniently, nor must the holes be poked in the papers
,t' with the pointed end o'f the tags. The papers in the current file
must be arranged in chronological order beginning from the top,
and the pag,es numbered neatly in the same order.

Arrangement oj re/Mence jiles.

72. (a) Disposal files pUt up for reference will be arranged undell
the current file in chronological order, the earliest file at the bottom,
then the next oldest and so on. Every disposal file put up for refe-
rence to which referenoe is actually made in the current or notes
must be flagged. No flags must be ,attached to the current or note files
themselves, but shall be fa8tened to the docket sheet of each disposal.
References to these will be made by quoting the number of the page.
Reference will be made to the year to which the file re1ates and to the
number of the page. Flags will be attached by paper fasteners,
and not by pins. As far as possible flags should be arranged in
alphabetical order and in such a way as to readily catch the eye.
'Thus if flag A is ,affixed to the bottom file, flag B will be fixed to the
one next above it and so on. They will also be so arranged that one
flag does not cover another. There must only be one flag On each filE'\
put up for reference. Care must be taken not to use morE' than
!lDeflag bearing the same letter or Dumber on the same ()('.c8s;or
38

(b) Very old papers likely to crumble but are essential fOl;
putting up for reference may be enclosed in an envelope and
fastened by flags at ifue appropriate place in 'tJ1e file before circula-
tion to Judges. Wherever references. are made as to any Volume
or Books, marginal indications should be made in the note file aa
to the page, paragraph, rule, etc., of the Book or Volume and au
the actual time of circulation, the Book/Volume should be placed
above the folded flaps of the flat file and then tied with the tape of
the flat file.
Pu.tting up of drafts Gnd notes.
73. (a) In cases where orders cannot or not likely to be
passed at once, notes should not be written on the current. As 8.
rule when the subject-maMer of a file is such that a draft can be
put up, a note should not be necessary. A brief explanation maY,1
.however ,be added wjhere necessary in some cases. Lengthy notes
and notes on important cases should be written separately on notE'
sheets.
(b) While putting up notes, every statement made therein,
except expression of opinion should invariably be supported hy
certain authority. Such authority tlllay be cited by giving marginal
reference to page, para, disposal, etc., which should also be duly
tlagged. If any authority' or reference is made to a pending file,
then that file should be linked (placing the reference file below
with both flaps folded) and the original file placed above that with
It!'l tape tied underneath and then both the files should be tied up
with the tape of the reference file kept below.
74. Information sought for by other High Courts, etc., may be
furnished by the Registrar without resorting to note to Judges,
if such information is based on the rules gov81'ning the .subj.ect-
matter and published for general information.' But in regard to
any matters of policy or those not provided for in the rules or such
that in the opinion of the Registrar, orders of the Chief Justice
would be. necessary, orders of the Chief Justice shall then be
obtained. '
Answers to Queries.
75. As far as possihle, the following procedure shall be aaopted
in ftnswering queries of officers. When the officer write.~ a ques-
tion in the margin of the note, the reply 10 it is to be wriHAn ill
oontiuuatioll of tile 110te and not in the wargin. '1'he officer's ques.
tion will if necessary, be copied out afresh at the end of the no~
and the answer written below the copy; or the letters A, B, etc.,
will be written boldly against each such question and the answers,
marked with the corresponding letters, written at the end of the
note. H the oJlieel' writes any questions on drafts 01' currents they
will be similarly dealt with, and the answers written in continuation
of the note; and if a note file has not been opened already and if
the answer is such that it cannot be conveniently written below the
query itself, a separate note file will be opened for the purpose.

Fresh subject jiles.

76. When in the course of dealing ,vith a subject any fresh


subject arises, with which it is desirable to deal separately, extracts
will be taken of the parts of the current file and note file relating-
to the fresh subject, and with these a separate file will be started.
In order to avoid such new cases "being lost sight of, fresh current:
numbers should he given to such files. The sallle procedure should
bE; followed when any question of general importance arise in
conuection with periodicals.

l~;rplonotions .

77. Bxplanations and notes of a personal nature will be signed


legibly with the full nume of the officers submitting them, and will
be kept separllitely from the note file and flagged, and will be
merely referred to in the note file 1hus: "so and so's explanation
is submitted at flag A ".
\
Title.
78. (0) At the head of every draft communication, the title mU81;
be written. It should be framed and arranged exactly like a,1ll
index title. On no account titles or "Purports" ,should 1)e\
written on the backs of communications or on separate docket i'1ho"f~
:lrtached to them. The title should come after the word .' Sir."
A fter the title, and srrlal'fltecl 11v fl line from the body of the letter.
should come the numher and (bte of anv communication to which
the draft is a reply. ane1 also the numhers and dates of any" other
40

oonununications or files, the quotation of which may be helpful


either to the issuing office or to anyone to whom the communica-
tion is addressed, or to whom a copy of it is sent. The Order of
proceedings should be complete in itself.
(b) Drafts shall not be tagged on until and unless they are
approved and issued. Whenever, a number of short drafts have
k. be put up together, they should invariably be written in the
. run on ' form (i.e., consecutively draft after draft) but not in fresh
or sepa,ra.te note sheets. While sending Telegrams Or Telephonio
messages, drafts should be written precisely and intelligibly. Post
copy of such Telegraun/Message should invariably follow soon!
after issue of the message. Communications authorising payments
etc., should be clearly expressed in words a,nd figures. Unapproved
drafts should not be filed al0ng with the current or note files. If,
tlOwever, they are considered useful for future reference if any.
they may be kept apart till final disposal and placed as J\tIiscellaneous
papers (in order of Current file, Note file and Miscellaneous papers)
at the time of closing the files.
79. Drafts should be headed by the abstract taken from
column (4) of the personal register. In the margin of every draft
which requires an answer should be noted a tentative rem;ndpr
date which, unless inconvenient. can usually be the last worldng-
day of a week. This date (as modified by the officer passing the
draft) will be noted in pencil in column (12) of the personal regis-
ter. 'This entry may be erased on receipt of a reply. The obser-
vance of this system will obviate the necessity of submitt.inp fil"<j

,
ror orders as to issue of reminders. When a draft has been
approved by the officer, it will be sent to the Fair Copying Section
with clear instructions as to enclosure. etc.
80. Correspondence with M.L.As., M.L.Cs., M.Ps. efc.,
"'hould be in the form of letters only. Letters received from
M .L.A's., M.Ps., etc., should at first be acknowledged immediately
and replies may be sent in the matter in due course.' A reference
is invited to Article 212 of the Constit1u,tion of India in regard to
the proceedings against Honourable Speaker or M.L.As., et.c. No
notice or SUIrtmons should be sent to them on any account. In such
matters, they should be promptly brought to the notice. of the
Registrar, who will correspond with the Honourable Speaker or
M. L.AB. about the pending proceedings in the High C~urt.
(High Oourt's Circular, dated 13-8-11168).']
41

81. The following rules will be observed in fixing tentative


,dates for reminders prescribed by Standing Order No. 79.
The first reminder in the case of ordinary papers will issue one
month from the date of the Proeecdings, the second reminder
three weeks after the issue of the first and the subsequent reminders
tit jntervals of two weeks. (In the case of commissions issued to
'.foreign Courts the first reminder may issue after ItWQ months to
Burma and ,after three months to other countries and sub"sequent
reminders at such intervals depending On the nature and circum-
stance of each case.) If no reply at all is received for three succes-
siye reminders the ma,tter will be specially brought to the notice
of the Hegistrar for orders as Ito the issue of a dea:ni-officialreminder,
i,f necessary. References to Government should be treated ilitfe-
l"ently and reminder will issue at -intervals of six weeks. If
periodical statistical returns are not received within twenty one
days of the due date the matter should be brought to the personal
notice of the Registrar.
'¥J

Call Book.
82. Call books in the form shown below will be maintained for
each section and will show only calls in cases which have been
closed in the personal register.
Subject
Nature of From Date Da.te .;,
Disposal the action whom on which of issue of How
number. to be taker reference reference reminder. disposed •..
..!4

and by
.whom.
is due. is due. of. a.,
~
(1) (2) (3) (() (5) (6) (7)

Disposal number and ,lodged papers.


83. ,In order to avoid waste of time, a disposal number .hould
be given once for all to the final proceedings 'In any file. The
same procedure should be adopted in the case of correspondenlJl
which has to be lodged. When putting up papers which [;fe to
, be lodged after. despatch of orders on them, an indication should!
be made that the file will be lodiged after issue of the reference~
and the officers will also approve' the suggestion in passing the
reference. In the case of confidential papers which are finally
disposed of, the confidential clerk will make the necessary entries.'

84. The Telephone Operator will maintain four numbering


books for disposals, one for each of the P, K, Rand D series in:
the form given below:-

Numbering Book.
.-
Disposal numboring book. Series. '.
Disposal number. Date. current number
disposed or.
(1) (2) (3)

85. It will be the duty of each member closing the files to


write all the entries on the Docket Sheet, except Diciposal number'
before the papers are sent to the' Sub-Assistant Hegistrar for
approval aud recording. 'l'he Heads of Sections w.ill scrutinize
thE, docket sheet entries and decide whether the classification of
the disposal should be as proposed by the member of the Feat
eQ1jc('~'ne(l.or whether it should be modified such as marking
• P. Dis. ' instead of ' R Dis. ' or ' R. Dis. ' instead of 'D. ])is.'
or thG like. The moment I'is. No. is given hI' Lhe cmr.opt una
thE relevant entries are made in the numbering book, the
Telephone operator should also write in ink, the llumb3~ of
disposal, as entered in the nnmbel'ing book on the docket sheet
front page as well. ,

SG. All papers that are finally disposed of will r.e ouly
c10cketed with the index heads and cross references clearly
written on the docket sheets. The index slips will be typed from
the dockets in duplicate in the form prescribed'" hereunder at the
same time as the drafts are fair copied or in cacies of simply
recorded papers without any despat-ch entry, soon after noting
r1ispm:al nllmhers on tl]('m. One COp~"of the slip will be retained,
hv the memher concernec1 for bis reference :mc1the other together
~ith the disposal will he promptly sent to the Record-kerper
afler getting the files properly stitched by the muchi. The
member concerned should send the index slip and the disposals t<D
,the Record-keeper within fifteen diays fro~u the date of Jlotiug
disposal numbers on them.
• FOIDl.
Office of the
High Court•
• . • • . . • . • . Series .
..
'

Disposal nurober.
Dated 19

Main head. Sub-head. Purport.


(1) (2) (3)
Cross references.

87. The Record-keeper will examine the disposal numbering


books (P, I{, R and D) and report to the Sub-Assistant Registrar
(Administrative Department) every month, in case <111 the disposals
lare not received 'within the time fixed, stating the steps taken
by him to trace the disposal not received in the records. 'fhe
Hecord-keeper will prepare the annual index from the slips sent
to him.
88. (a) The primary object of an index is to enable papers to
be rapidly traced. It a180 has subsidiary uoes to shuw the (,rders
passed, to assist in compiling statistics, etc.
(b) Index heads.-The utility of an index depends largerly
,0D the choice of the correct head. 'fhis should be one (If the
authorised heads. If a subject falls naturally under two or more
heads, it should be indexed under tbe more obvious head with a
cross-reference to the less obvious bead.
/ The index head must be
(c) (a), Obvious, (b) Distinctive,
(c) Not too wide and (d) Consistent.
Thus to index a -petition rela,ting to the pay of tbe Head Clerk
of a District Munsif's Court under the index bead' "}Jetition "
would be absurd. But a general order relating to the way of
dealing with petitions would he rightly indexed under" Petition".
Tbe memorial regarding the head clerk's pay would probably be
. best indexed under "Establishment-Pay-District Munsif's
44

.Court:-8rivaikuntam--Head ()lerk:", But the important point'


18 to llldex all such papers in the same way. Any major lieu
may be used as a sub-head, but sub-heads may not be converted
into major heads without orders.
(d) Local cl~ssification should be used as far as possible.
e.g., papers relating to the sanc,tioning of a temporary additional
District Munsif at Uhidambaramw0uld
" District Munsif-'l'emporary
be .i.ndexed under
additional-Chidambaram ". This
..
would of course take an earlier alphabetical order than ., Cistric1l
Munsif -Temporary additional-'rhanjavur".
(e) Personal papers relating to officers (other than general,
questions relating to the pay, etc., of the office they hold) should
ordinarily be indexed under the name of the officer. e.g.,
"Subrahmanya Ayyar, D.-District Munsif-Chidambaram-
Corruption-Bar Association-Memorial-Recorded." In the case
of subordinates a cross-reference to the Court to which the 1 ersoIl'
IS attached is desirable. .
(j) Arrangement of sub-heads.-'l'he General rule is that
the wider sub-head should come first and the more particular
sub-head later, e.g., "Accounts-High Court,--'I'. and P. Depart-
ment-Audit ".
(g) The title proper comes after the sub-heaas. It. should!
be a,s brief as posflible without being obscure. It bhould not
repeat the head Or sub-headfl. It should consist almost entirely
of nouns, adjectives (where indispensable) and participles, and
prepositions and auxiliary verbs should be almost entirely
excluded. The title should be split up into its various members
to facilitate alphabetical arrangement, each member beginning
with a capital and separated from other members by a dash. The
title cannot include everything. It should, however, always
indicate the main subject of the file in a brief, clear and!
unmista,kable manner. If a. single title is not sullicient, a sub!'li-
diary title may be shown in the index by means of a cross
reference.
(It) '1'he index head, flub-bead and title will as far as pos!'lible
be (1rafted correctly when the first entry is made ill the persond
regiflter. If the 8uperintenaent, Sub-Assistant Registrar,
Administrative deparfment or Assistant Registrar correets the
abstract in any way, t;be modifica'tion should be carried Olit in the
personal regi!;ter.
46

89. The members should keep on their table only those paperSi
which are ready for dispoflal. The lie-Qver files and those oni
which references have issued should be kept in their. side racks
separated from each other in the order of their current numbers
or disposal so as to avoid confusion. rrhey should nut keep withi.
them disposed of files unless they are required~for the di~posal oC J' I

any files pending with them. The practice of members keeping]


with them some of the disposal files on the ground that they may
be required for frequent reference should cease. "

Maintenance of Persona~ Registers.


90. (a) The personal register of each clerk must be checked!.
lLndinitialled by the Hea,dl of the Section on the last working day
in each week and by the Sub-Assistant Registrar on the la,st work-
ing Sa.tllCdayin each month. These officers will be held respon-
sible for their proper maintenance. The Sub-Assistant Registrar,
Administrative department, after his check of th.e personal
registers will submit to ,the Registrar through the Deputy Registrar
Ito summary of the total number of currents pending in each Eection
with remarks regarding each case pending for more than six
months.

(b) When the statement of :filespending for over six 'llonths


is put up, each section will .a18Oput up a list of references which
have not been put up for orders for a month .. This applies to new
references and t,o intermediate references. 'Ilhe Superintendents
and the Head Accountant are re15ponsiblefor going through the
perponal registers and seeing that all letters not Jealt with for a
lUlonth are included in the list and for giving a brief explanation
I
"
for the delay in dealing with the references.

I Transfer of chMge, etc .


.\
~l. No report of trll.nsfer of charge by ,Judicin,l Officers on
I
I
appointment, transfer or leave, shall be lodged unless and untiL
it is noted On the paper that the necessary entry has be.en made
in the assumption register. If no such report is received within a
reasouahIe time after the order of the appointment, hansfer or
kaNe, a reminder must be issued to the District Judge or District
Magistrate concerned.
46

Departmental Tests.
\12. On receipt of intimatioll. from Judicial Omcera having
pl)ssed the Departmental tests, necessary entries wlil b~ made in
the probation register.

Reports on District Munsifs or Magistrates.


(:l3. The Registrar may, in his discretion, call for an additional
report from a Second Distriet ,J udge, District Magistrate ill cases.
iIi which, owing to transfers or other causes, the District Judgej
District Magistrate who first reported is not in a position to ')ffer,
a considered opinion. Such additional repol'ts will ordinarily be
called for, before the 1st of January but may be called for later
if the report of the District J udgejDistrict Magistrate lmdel'
whom the District Munsifjthe Magistrate is serivng is found
inadequate.

'1'1"Qflsjer of Judicial Officers.


94. When a Judicial Officer is to be posted to a new station,
ibe property and relations statement of the officer must be
examined to see whether or not there is any objection to bis being1
posted to the new station. If there is any reason to suppose that
there is any objection this should be specifically mentioned in the
office note seeking orders regarding the officer' 8 posting.. In all
lile;; dealing with the posting of officers, their property und'
relations statements should be put up along with the office note.

Q Ilarterly and periodical returns.


I
95. The member dealing with Civil Statistics will within three
days after the arrival of the returns for each period, forward
ata,tements showing the cases that are pending in the Subordinate'
Courts on account of cases pen fling in the High Court to the
Sub-Assista,nt Registrar, Appellate Side, for necessary action.
'The Sllb-As"istant Hegistrar, Appellate Side, wi!! caUSe the
stages to he noted in thE' statements and return them '.vithin 15
clays from the date of rrcri pt. The retnr12s will then be sCl'utini7,edl
by the Sub-Assistant Registrar, Administrative department and!
s~bmitted to tihe Honourable Judges expeditiously. The c]narterly
retmns fnJIl1 District Magistrates will I,,: scrutinized hy the
member dealing with Criminal Statistics and submitted to the
47

Honourable Judges though the proper channel expeditioilsly


adopting the same procedure as prescribed for the Civil Courts
returns. A copy of the statements with the sta.ges of cases
mar},ed ,will be returned ItO the District J udgel'l'ribunaljDistrict.
Magistrate concerned after review of the returns.

A nnual returns.
I .. \)G. 'rile c/msolidated statements of receipts and charges on
account of the process-service and copyist establishments submitted
by Dibtrict Judges should, on receipt, be checked by the membeIl
t in charge. They will be put up with a note for orders
expeditiously.
~7. Annual Administration Heports received from the District
and Sessions J ueiges and District Magistrates wiil be :::,heckedby
the members concerned and the same will be submitted to the
Honourable Judges expeditiously. Unless there is any special
reason to doubt the accuracy of any figures given in theleports,
it is not necessary that they should be compared ,vith the Htatis-
tical returns before the reports are so submitted.
\)8. 'The remarks of the Honourable Judges on the District
Administration reports are not necessarily intended as reviews for
communication to the officers concerned.

Renewal of Pleadership Certijicatse.


9\1. Applications for renewal of pleaderahip eertiucates when
merely of a formal nature, need not be circulated to the J udgee.
'fhe Assistant Registrar's order is sufficient. Any irregularity or
any point that may seem to require special notice should be Eotedl
hefOl'e submission of the application to the Assistant Registrar.

Circulation.
100. l"iles relating to confidential matters anu tJlOse in which
confidential papers a,re put up for reference will be circulated in
bo;;es intenc1eo for the purpose.
101. (n) ,?\Thencirculating the files to the Judges for orders" a.
sepamte blank sheet (if necessary two sheets) should be put 'Up
with tbe file for Judges to minute on.
48

(b) This procedure need not be followed in cases where the


Iludges a~e not likely ~o minute, i.e., on files of a purely rouii.ne
nature clrculated for mfOl'mation and in cases circulated 'Lo ana
01' two Judges, where the minutes are not likely to be lengthy and
ther~ is sufficient room for minuting on the docke1j.

102. NfJltes on the observance of the monthly special listJ


system by the District Judges, etc., should be submitted to th~
Honourable the. Chief Justice prompHy ,and expeditiously soon'
after receipt in this office. Similarly, the notes of surprise
inspection of Civil and Criminal Courts will be submitted to the
Honourable the Chief Justice soon after receipt.
l~
The annual inspection notes relating to Subordinate
shall be circulated to the Honourable Judge in charge
Courta
of the,
,.,
dis:trictfor perusal and ordei's.

103. In regard to the circulation of statistical returns during


the summer vacation, the following procedure will be observed:
(a) If the Judge in charge of the distric1! and the Judge in:
charge of the subject (Statistical returns) are available in the station
and are willing to deal with the matter, the returns may be circulateJi
to both the Judges. If either of them is absent or is not available,
then the .Judge availahle can pass final orders if the matter is)
considered urgent. If both the Judges are absent and the matter
is considered to b. ~:1rgent,the senior vacation Judge can pass final
orders in the matte"

(b) The same pnL'-"'\'les would apply in the case of all other files
circulated to Honourable :hdges during the vacation.

.(t:) On the eve of the vacation or even earlier, the Sub-


t
Assistant Registrar, Administrative dlepartment will with the
prior approval of the Registrar, obtain the consent 0f the
Honourable Judges for the circulation or otherwise of the files to
their residences during the vacation.

104. Pa,pers relating to the establishment of new Coutts on


ltlterations of existing jurisdictions should be m~rked specially for
the Judges dealing with the Statistics, eltc., of the particular
district.
:i
:1
49
ii
I'

I 105. Ordinary files returning from circulation to the


Honourable Judges, shall be brought first direct to the Registrar
and then after Ihis perusal to the circulation clerk who after noting
their return in his register shall submit them to the Sub-ABSistian~
Registrar, Administrative department. If the clerk considerEi
that any emergent action is necessa.ry' in any of the files in conse-
quence of the remarks made by. the Honourable Judges, the
circulation clerk shall bring such file~ speci3Jly to the notice of
the Suh-Assistant Registrar. .
106. When papers circulated to Honourable Judges are not!
) returned to the office within one week after circulation, the Sub--
Assistant Registrar, Administrative departmeIl't with the pennia-
sion of the Registrar, will remind. the Honourable Judges at t,hej~.
chambers.
H)7. Only the opinion of the High Oourt as a body should be
sent to Government and their Lordships will not object fA> tbeiE
publishing it except where the subject is marked confidential.
Verbatim minutes and opinions of individual Judges should not
be sent up without (1) the consent of the Judges who wrote them
and (2) orders of the Hon'hle Chief Jusltice.
Supply of copies of 1'ules, etc.
108. (a) The rules and orders of this Hig1:l Court may' be
supplied to dther High Courts in exchange for the rules and ordersj
of those Courts. Indian Law Report series of other States and:;
copies of orders and rules of other High Courts framed undel1
Article 227 of the Constitution of India may bE' obtained ad

, reciproeal basis.
(b) Copies of the new ed~tions to rules and circular ordere
imd amendment slips published under the authority of tne Hig~
Court and issued from time to time will be forwarded tQ--
I (1) The Secretary to Government, Home department,

I Fort St. George, Madras.


(2) The Secretary to the Ministry
Government of India, New Delhi.
.of Home

'(e) Whenever the High Court makes a new rule of practiC'e


Affairs,

I!
or mmends Or repeals an existing rule a copy of the new rule 01.:
the amendment slip issued by the High Court shan be commn"i.
eated to the Advocates' and Bar Associations;
189/7-4
50

Records.
lO9. (1) 1'he Administrative Records is the repository for the
administrative disposals and Gazettes. This section will be
direct,l} under the control of a Superintendent in Aclministl'utive
department and under the overall supervIsion ofLhe Sub-Assistailt
itegistrar, Administrative department. The Dub-Assistan~
Hegi",trar, Administrative department will inspect the section
<1mi'lg each vacation and submit a report to the Hegistrar. The. - ..
report ~mong other things may deal with'the following :-
(a) Whether records are in proper order and protected
(rom white ants and or other insects and kept ::lean and secure
from enrry at all points and sufficiently lighted.
(b) Whether the disposals are methodically arrauged in
tile rar I{s.
Whether the procedures
(c) regarding •
issue and receipt
\ of records are strictly observed.
(d) 'Whether the disposals rIpe for destruction are
periodically destroyed.
(e) Whether the Gazette copies (Fort St George and'
India G'azette) are bound periodically and
(/) Whether annual index is prepared promptly.

(2) All requisitions for records should, be in the prescribed!


printed record slips which should contain full particulars regard-
ing thE: purpose for which the records are required and be signed
in full by the clerks requiring the records. Sep~!"ate slips Rhould ..•.
be sent for each record. On receipt of record slips the Hecord-.
keeper should first ascertain if the required records are evailable.
In ('flses where they are not available, he should not3 on 1he nocord '
slips why they are not available, i.e., ,details as to when, by whom
,
and for what purpose they ha,ve been taken out awl Fetilrn the
Rlips forthwith to the clerks concerned. When the records are .
availa,ble, he should register the slips in the regist~L for the issue
of records in serial order and make the necessary c,ntril)d in the
appropriate columns 'of that register and issue the record~. He
should at the same time write on the slips the nUTI'_bersnoted in
the register and have the slips inserted in 1fue place of the records
taken out. He is responsible for seeing that record slips fire
• inserted in the place of all records taken out.
b1

(3) "When records are returned to the record room, he should


have them filed in tb,eir proper places. 'l'he slips on which they
were i-ssued should then be removed and the date of the return of
the records noted against each item.in the issue ,reglster.' The
slips should! then be either returned to tlie clerks. concerned .or
destroJ'ed, if not required. By the 10th of each month he ~Lould
prepare a list of records outstanding at the end of . the previous
mouth for more than two months from the .da te of issue and
!- .' circulate it to the clerks concerned and it will be the Jutycf rhe
clerkt\ to note thereon why the records are retainell by them. The
Record-keeper will report to the Sub-Assistant Registrar when any
record is outstanding for more than six months from Ihe date of
issue. . .
(4) The Record-keeper will examine' the dispo~al numbering
books once a month and report to the Sub-As3i~talIL Registrar,
. Administrative department as to the steps taken fOr tracing the
disposals not received in the Records. It will be the duty of the
Superintendent to check the tables, side racks, etc., of the members
of the Section to see whether any unwanted dispusals are retainer!
and if so to consign them to the records as frequently as possible.
Theola personal and periodical registers, disposal numoering
hooks, etc.,$ould be~sent j;o. the ,Adminjstrative DepartmeIlU
Records then and there. Whenever white .ants are noticed un the
walls, floors or on the racks of the record room, the matter should
at once be reported to the Budget SectWn and the Sub-Assistant!
Registrar, Administrative Department. Records and Record
racks should be periodically dusted and cleaned.
110. (a) In printing the index the various entries under on~
bead .can be clubbed in the following manner to save space anCD
facilitate search-
'\ District Munsif-Temporary addit.ional-Sanctioned-
Chidambaram-Dis. R. 2346, dated 23rd June Hl65.
Thanjavur-Dis. R. 3001, dated 2nd August 1965.
(b) Government Orders should all be indexed under the
Government Order number ahd dilte with a cross reference to the
subject of the Government Order. .
111. The Record-keeper' will prep~,re the' 'ahnl1al index from
the slips sent to him under St.anding Order No. 88 and see that
the inilex is completed ,printed and bound as soon as possible
after the close of. thecalenda,q.-ear; .,
Hm/7-4A
112. (4) Th~ administrative files should not be closed withoJlt
1he orders of 'Sub-Assistant Registrar. Administrative department.
~~1The Record-keeper will also maintain a note where~
ihe exact time of closing of the Admini~trative department
records for the day will be noted with. due signature of the 8ab-
ASsistant Registrar, Administrative department, obtained for
each day. 1
'."
Stationery.
113. Heads of Sections will be held personally responsible for
seeing that no waste of stationery or printed fOllDS ooadlI in ••
sections and will submit monthly an indent for their ,\hole
section. Ind'ents by attenders or peons on behalf of the Judges
should be brought to the Assistant Registrar for' counter-
signature.
114. All printed forms in the office will be handed over to the
Stationery clerk.
115. The indent will be in the form appended hereto and mus~
be sent before the 7th of each month to the S~,ationery clerk whq
will be responsible for a strict scrutiny, of aU indents 8S well as fOil
seeing that every item of the Government Stationery Rules is
strictly observed.

In the last column, a full explanation must be given of aU


I

extraordinary requirements.
Inspection and check of Stationery.
116. The stock of stationery in the stationery clerk's charge
will be inspected and checked with the stock bock every quarter
in accordance with Article 51 of the Stationery Manual, Volume T.
The check will be done in the first half of March, June, Septembell
and Decetmber by the Sub-Assistant Registrar, Administrative
department and Judicial, or any other efficer deputed for the!
purpose. .
Vacation.
117. All papers received in the office during the vacation "ill
be registered at once. The senior member on duty will be
responsible for seeing that this is done and that urgent papers are
dealt with immediately.
118. Vernacular petitions receivedl in the Administrative
department during the vacation may be sent if necessary fOIl
translation to the Translation Department, in urgent cases unde:r
orilers of the Vacation Officer in charge of the Administrative
Department.
1HL All papers pending with members on the date (if the
recess should be oompletely noted on by the respective memb'er~
when they attend for turn duty during the vacation and kep~
rearly for submission to the Registrar, Deputy Registrar or the
Assist.ant Registrar, as the caSe may be, on the reopening of the
Court.
Members of the Administrative department, can avail of the
vacation or enjoy the turn leave during the vacation, only when~
tlley clear off all the arrears and report such facts to the Sub-
Assistant Registrar, Administraitive department.
LIBRARY.

, 120. The High Court Library is intended for the use of tlie
B onourable Judges and the Office of the Registrar, High Court.,
It also caters to the needs of the members of the Bar who maJ1
ilesire fa consult some of the Law IText books for reference. The
Lihrarian, the Assistant IJibrarian and clerks intended for pasting
correction slips (amendment slips, etc,,) will all cOlIDe under the
direct control of a Superintendent in the AdministraJtive depart-
ment subject to the overall supervision by Sub-Assistant Registrar,
Arlministrative department.
121. New books or volumes are added to the library by
ohta,ining specific sanction of the Honourable Judge in charge ot
Cie subject and the Honourable ~e Chief .TuB~ice. The expendi-
ture'therefor will be mffi) from and out of the budget allotment.
As and when new books are received/purchased, they ~il1 imme-
"a'lately be entered in the copy of the catalogue kept by the
. lihranan ,attlJe appropriate places.
122. (a) The librarian is responsible for the proper perfor-
mance of all '.york connected WIth the library and Lor seeing ,hat
,the, staff under him carry ~ut their duties satiSifactorily. He 1llust
bee. that books areissueel promptly when required in Court or by
Judges or Offi,cers and ,tha,t they are returnerl whell tbe purpose
for which'Hi.ey were'issued has"been served. He should see that;
the registers kept in the library are correctly and properly
mainhtlJ1ed.
t
(b) The T.Jibrarian will see to the prompt circulation of books
for reference of tile Honourable Judges at their residences includ.,
jng cases 1Il which Judgment may be reserved. A ""ritten
requisition from the Bench clerk concerned should be obtained
for the purpose. Whenever books are taken from the library
. racks the sllps obta1l1ed therefor will be placed by the attenders
III the plates prOVIded for the purpose at tJ1e proper places.
i~0. The a:sSIl:ltantlibrarian will visit the Judges' residencefY
once a fortnight to see that the libraries are a,ttended to, that the
peons are on duty and attend regularly. The Librarian Or the
assistant librarian should, before leaving the office, see that all
the' exits from and entrances to the library are properly securec'!
lind that the key of the main entrance is sent to the Overseer.
124. All books in the High Court library will be stamped on
every hundredth page as well as on the fly leaveD and covers. All
illustrationo sbould be stamped.
125. (1) The work bf issuing correction slips for the amend.
ments mad'e by the High Court to any rules of practice 01'\
procedure will be done hy the section concerned. A c!orrectioD!
,
slip will conta,in only the operative portions which affect the rule
and references to the authority' for the amendment, (e.g), the
current number or disposal number of the proceedings of the High
00urt or G .0. number) will be given in italics at the end. Thi~
will be done hy the clerks concerned in the library under instruc-
tions from the IJibrarian.
l'he Assistant Librarian will see that the slips in the ('opies
provided for tbe Courts, the Judges, the library and the offi~e~s
of the Court are pasted properly. ", '
55

126. When new books are received in tlle library, they suould
be catalogued and filed at once. '1'he Librarian should keep a
special copy of the catalogue for this purpose and Lhia ShOllld be
taken to the Sub-Assistant Registrar to be checked when the
register of books received a.nd to obtain the approval of Sub-
. Assistant Registrar as to the correctness of lile heading under
which the new books have been enlered, before passlllg of the
bills by the Registra.r.
127. No book entered in the catalogue should be struck off
without the permission of the Sub-Assistant' Registrar, Adminis-
trative department and his initials should invariably be obtained
for any entry struck off.

128. (a) The Librarian should note down in his copy of the
catalogue, the rmmber of copies of any book received in the
library and also explain how they have been distributed in the
respective distributlOn registers.
(b) Once a year in April, a supplement to the library
catalogue should be prepared and sent to press showing the books
added to the library during the previous year.
(c) The librarian must see that the library catalogue kept!
in the Courts are brought up to date whenever new books are
received in the libra,ry.
129. (a) The Librarian shall check the books and perioclicals
Kept in the several Court halls once a quarter n,nd bring to the
notice of the Sub-Assis1tant Registrar, Administrative department
any mi8sing volumes. .
(h) Bench clerks attending Courts should check the books
kept in the Court ho.lls every Saturday and submit a report to the
Manager, Bench clerks' department. The Manager, Bench
clerks' department will then prepare a consolidated report and
submit the same to the Sub-Assistant Registrar, Alhninistrative
department, through the Sub-Assistant Registrar, Appellate
Side, for orders. In cases of discrepancy, with referenCe to the
oriIrrs passed 'by the Sub-Assistant Registrar, Administrative
denflrtment, the Librarian or the Assistant IJibrarian will check
th~ books in the Court halls and takp Tlp.C'essarysteps for restoring
1 he mi~ng books or volumes.
130. There should be maintained in the library-
(1) A sepa,ra.te file of all Judicial Notifications and ord.ers
issued by Government under all Acts and published ill the
Government Ga,zeHe.
(2) A separate file also of all bills with statement's o~
3bjects and reaSGns.
131. The Sub-Assistant Registrar, Administrative depart-
ment, should supervise the work of the Librarian in this respec~
very closely and verify on every Saturday that the Librarian has
filed, in their respective files, copies, of the notifications, orders 't
and bills with statement of objects and reasons published in the
gazette received during the week.
132. The TJibrarian will continue to issue books- to practitionerS1
for reference in the Courts on the responsibility of Bench)
clerks in charge of the cases in connection with which the books\
are required. All requisitions. for books under this rule must b~
signed in full by the Bench clerks concerned before the books,
are issued. ••
133. The T--1awOfficers of Government, the Officers of th~
High Court and the Judicial Officers in the City will be alloweiJ
to take books from the library for reference to their chambers,
, on condition they are returned to the library the saillle day . No,
book, however, may be removed out of the High Court. br retain-
ed heyond the day on which it is issued without the orders of the
Registrar, Deputy Registrar, or Assistant Registrar.
134. The binder who is entrusted with the binding or mend l•

ing work of the library books, will be under he administrative


control of the Sub-Assistant Registrar, Administrative
department. He will submit a weely statement of work to the
Sub-Assistant Registrar. Adminisrative department, through the
Librarian, High Court. All his indents for stationery, etc., willi
he scrutinized by the IJibrarian before being passed for supply.

ACCOUNTS SECTION.

135. The Head Accountant is primarily responsible for tlie


proper working of this section and the main~enance of the various
registers prescribed and for all payme~ts ma~e into and out of the
Couria and for all moneys drawn and dIsbursed.
57

136. The Head Accountant will be required tQ fumish


Becurity fpr Rs. 5,000; the Assistant Accountant at the counter,
security for Rs. 1,000 and the Gollah securi.ty for Rs.500.

137. When sums up to five thousand rupees are sent to or.


brought from the bank, the Gollah will be accompanied by one
Police constable. For sums between five thousand. and twenty
.. thousand rupees, the Gollah will be accompanied by two Police
constables. For sums in excess of twenty' thousand rupees, the
Gollah, one clerk in the Accounts section, two Police constabieSi
and two la-st Grade Servants will go.
138. In the absence of Gollah, money shall be sent to and
brought from the Bank by one clerk of the Accounts section and
a consta,ble. Two const,ables will accompany the clerk and peon
in case the cash value exceeds Rs. 5,000. The instructions con-
tained in the Articles 273, 274, 274-A :')f Madras Financial
Code. Volnme I, will be generally followed in the matter of
ca,aIling the bills or remitting the money into bank.
139. No cheque will be issued during the last five working days
of a m9nth without the orders of the Registrar. Money received
will be remitted to the bank on the day it is received unless it iEt
received too late for remittance the same day.
140. The orders of the Registrar and Deputy Registrar regard-
ing appointments, reversions and leave will be entered in the
order book maintained by 'the establishment clerk and will be
initialled by the Registrar or Deputy Registrar at the time of
making the orders.
,
(,., J.11. The Establishment Clerk will be assisted by the derk
in charge of service register maintenance, in the preparation andl
maintenance of service books. He will be held personally respon-
J sible for their correctness and completeneSB in accordanc~ with{
the rules contained in the Annexure under Fundamental Rules
74 (iv). In each service book every change in the order of it.~
occurrence will be noted and after the entry has been Ju1y verified
hy reference to departmental orders, pay bills, leave btatements
and other official documents, the change will have to be attestedi
by the Official Referee or any other officer as the Registrar may
direct. The verification of the service registers will be perfornned
by thf' Head Accountant with the help of his 8B3istants. The
signat ures 01 the bll bord'lilates should be taken in column (8) of
[lie service registers onCe a year. This can be conveniently done
Ut the time of l1lCanllual verification of service regIsters.

142. All applications for pension will be prepared by the


Establishment Olerk and verified by the Head Accountant. Eyery
sHch application is to be treated as emergent.

143. All cash payments out of the permanent advance wili be


made by the Head Accountant who will take the requisite receipts.
\\Thon repairs to furniture have been executed, 7Jh()Overseer \'.'ill
cortify to the satisfactory completion of the Nork lild obtain
orders as to payment from the Deputy Registrar ')1' j{egistrar. All
the payments will be entered in the contingent register daily and
the initials of the Deputy Registrar obtained against each item.
The vouchers will be cancelled in the presenCe of tho Deputy
Hegistrar when the contingent regi~ter is closed 'tnd a hill is
drawn up.
114. On receipt of orders for refunds untler the Trauslation
ami Printing Hules, the Accounts Hecnon shall draw up a consoli-
dated bill after the re;fund vouehers become ready, get it certi£1e,l
by the Manager, 'rranslation and Printing department, dtll.w 1he
amount from the Accountant-General and disburse the sums due
to the respective Advocates after obtaining their acquittance in:
l he rr:gister ~pecially maintained for the )mrp03e. c\ny amount
that mav rewain nndisbursed after . a reasonable time -rvill he
relllitted "to the ban k nnder the orders of the Hegistrar.
145. All investments in securities should go to the Suitors
Fnnel (with the privity of the Registrar) and .')nly cash shoui<1 go
to Civil Court deposits, and when the cash is converted into
Government Securities it should go to the Suitors' Fund.
146. In the case of an order for investment of moneys by the
,
Manager, Reserve Bank of India, with the privity of the Registrar,
High Court (a copy of which has been sent to the .~ccounts
section) tbe Head Accountant should move promptly in the m~tter
without waiting for the application of the parties concerned. The
Head Accountant shall intimate to the Original Side Offir.e or
other department concerned' through the Sub-As.sistant Registrar,'
.Administrative department the receipt of the copy of the order
,and also the steps taken by him regarding the investment of
funds.
6U

147. li moneys are paid in the accOUD!tssection in pursuance


of orders in which such payment of moneys is made a conditIOn
preeeoent to the doing of a thing; the fact of the paymen t should
be immediately communicated by the Head Accountant through
the Sub-Assistant Hegistrar, Administrative Department to the
concerned section on the Original Side or Appellate Side as the
case may be.
118. When moneys are paid into Court to the credit of a pauper
suit the First Assistant Registrar, Original Side, "honld, when he
signs the lodgment schedule, endorse thereo!l whether the
amount is paid in satisfaction of Court fees due to Government, or
. to the credit of the party liable to pay the Court fee. On receip~
of t,he lodgment schedule, the Head Accountant should notify to
111e Government Pleader the fact of the deposit, 1:;0 that he may
take steps to realize the court fee due to Government.
149. Whenever Non-judicial or Court fee stamp papers are,
purchased by the accounts section either from and out of the
amount realized by the encashment of a. cheque issued for the
purpose by the Registrar or from the amount t{) the credit of a
suit or original petition and handed over to the Probate or Draft-
ing Fection or. the Original Side, the same shall be entered in a
sepTate register kePt for the purpose and the rnemlwr who takes
chargl" of the stamp papers will after obtaining the initials of ,he
::vl:JIlagerin the register take the same to the First Assistant
RegIstrar and obtain his initials thereon as a token of his having
noted the fact of purchase of the stamp papers .
..

, 150. The Receipt Registers and Repayment Registers irl respect


of Civil Cc.urts Deposits on the Appellate Side and Original Side
shall be reconciled at the end of each month WIth the bank pass.
book before the Deputy Registrar and the First Assistant
Reg iRtrar respectively.

151. In January every year, the Accountant shall draw up a.


list of deposits included in the Civil Court Deposits and Suitors'
Fund Account which have remained unclaimed for twentv vear9
and over and shall publish the list in the Official Gazettt' ~vii'h a
notice thnt such depoRits will lapse to the State Government
llnlASgclaims are preferred before the third week of March in fhat .
yenr . Theligt shalt contain a sufficient. description of the paTtieg
ilnd the Rmonnts and printed copies 'of the Iist'shRII he published.
,/

60

on the various notice boards in the High Court buildings and!


notice to the Advoc3l'tes or parties concerned given whereveFi
practicable. If no claims are received before the 23rd March in
that year, the amounts shall be transferred to 'the credit of the
State Government.
152. Acquittance rolls in respect of establishment bills shall be
checked by Assistant Registrar every month.
_ 153. The cash balance with' the Head. Accotlntant will be
'verifiod every month by the Official Referee.
154. Accounts which. are excluded from the AcC'oun~ant-
General's audit shall be annually inspec;ted by an officer of1he
High Court nominated for the purpose by the Hegistrar e,ery
year. A member with some accounts experience drawn from some
other department or the office may be deputed to help the Officer.
'155. A monthly s,tatement of amounts deposited into bank
nnder various heads should be prepared and the same sent to Bank
, for reconciliation.

CURRENT SECTION.

156. Cu:-rent section consists of four branches' --.


I. Tapal section;
II. T) ping section;
III. Fair Copy Examining; and
' ..
,
IV. Despatching section.

1. Tapal section.-There are two tapal clerks deputed from


the Current section to work at the chambers of tbe Assistanll
Registrar, Appellate Side (also called tapal section). ~ey come
under the direct control of the Assistant Registrar. One of therd
will attend to the receipt and distribution of papers received on
the Administrative Side andl the other 'to the parcels, papers, etc.,
received on the Judicial Side. Soon after receipt of the papers,
they will be entered in the distribution registers of ,the respective,
sections. The clerks will watch promptly about the receipt I,f
papers by the members concerned by obtaining their initials v.itH
date in the distribution registers. The Senior Tapa! Clerk wil.
enter all the Government Tapals in a separate register, place
1.1

lbllD!lin a IDe marked" Tery Urgent-Government 'rapals" and


submit t.he same to .the Registrar before 12 noon each day fori
perusal. 'l'hereafter the Government tapals will be perused by
~be Deputy R'egistrar and Sub-Assistant Registrar (Administrative
ueparrrment) and then sent round various sections in the Adminis-
trative department including accounts section and then returned
to tapa.l' section the same day. 'rhen the tapal clerk will sort
them out and include them in the general papers for distribution td
various sections. The other clerk will prepare ~he pay order fOli
payment of parcel way bills submitted by S.R.V.S., etc., fOD
Jelivering the railway parcels from the stations-Egmore, Cenf-:al,
etc. He shouid also watch whether the payments are promptly
made then and there.

II. Typing secti01i.-All the typing work m the varioU$


sections of the High Court (excluding Original Side, translation
and Printing and Stamp Copy) will be done in the current section.(a
centralised despatching section). The Superintendent, Currenj
, section with the help of an assistant will distribute the work to all(
the typists each day. Normally each ,typist is expected to type
not less than 24 pages of 350 words each, every day. 'rhe Typists,
readers and Examiners may leave the office only after all urgenil
orders are issued for the day.

III. Fair copy examining .-Each set of reader and examinel'l


will normally examine about 100 pages per day.

Examiners a.nd readers will see to the correctness of the faiIl


.'
, copies when compared and see that the comparison work is kept
rrp-to-date as far as possible. Refere~ce shall be given to specia~
and urgent matters in comparing work and it will be the responsi-
bility of ~he examiners and readers to see that the fair ~piea are
duly signed Or approved by the officers concerned before them
despatch,

IV. Despatching section.-The Chief Despatching Clerk is


generally responsible for the proper despatch of local and moffussil'
papers. Clerks in the despatch wing should scrutinize all communi-
cations intended for despatch, writElicorrect addresses legibly on the
covers and see that requisite postage stamps are affixed thereon. It
should also be ensured that the Judicial orders are sealed with the
official seal of the Court before despatch.
62

157. The Superintendent, Current section, will see that there


is a fair and even distribution of work among ~e typists, examiners
and readers. He must watch the work tumed out by them dnel
personally see that their daily out-turn is raised whenever uhere
IS a rush of work. He is responsible ior seeing that anears are not
allowed to accumulate and tha.t t1e typing, comparison and deslJa ~ch
work is reasonably up to date .

. 158. (a) Two Hegisters one for 'urgent' and another fat'
. ordinary' showing tlJ.e progress of the papers from the date of
receipt to the date of despatch will be maiBtained in the forms
prescribed. (High Court Form Nos. 602 and 119).

'1'he register in respect of ' urgent' papers will be maintained


by the Superintendent, while the register in respect of ' ordin'1ry ,
papers will .be maintained by one of his assistants under his overall
control.
NOTE.-W.hile entering the date in the register in High Courl
Form No. 779 in column." given for despatch " in •• no record " 'II
cases merely a " dash" will do under the columh " actual del:lpatchi,
of the records". In the " record cases.", the actual date of
despatch of the records will be entered later.

(b) All letters, proceedings, etc., received from various


sections for typing will be entered in the fair copy ana despabh
register (High Court Form No. 751) in which columns (1) and (2)
will be filled up by the distribution clerk before the drafts are<
distributed to the typists.

(c) A register of proceedings, orders, decree, judgments


and records despatched will also be maintained in the current ,
section in High Court Form No. 150 in which will be entered the
.:lumber ,and description of stamps utilised for the despatch of
various proceedings. .
NOTE.-l. The date can be ente~e(lat the heginning of each day.
2. Serial number should be started afreqh for each day,

159. The Superintendent, Current section. will IDflintain a


Progress report showing all Non-urgent Judicial Orders pending for
over\:Wo weeks and submit the ,same to the Begiotrar fortnightly
in the form given below.
63

~!urrent Section ..
Statement for the period from to
working days)
Record No reccl'd
cases. cases.
(1) (2)
Pending at the commencement
~.
Received during the period

Total
••
Dealt with during the period
Pending at the end of the per!od
(includes also caEes in which crders
have been despatched but the records
,I have not been retum~d and the papers
I .-,' sent to E.R.)
Previous bala.nce Pages.
Fair copying -1 Received during (1. Oases Pages.
\York. >- the period ~ 2. Files 'Pages.
J l3. Miscellaneous. Pages.

Total Fage!'.
Disposed of Pages .
..

, Number of cases 'pending for more


Balance

than two weeks with the Examiners:


Pending \1 ith the Despatc~ing
Olel'b:
Number of cases pending with the
Typists:
Date of t.he oldest CRseI Record Case:
pending in the Current >- Na Record
section. J CasG:
Number of .oases in' whlc". t""oords
have to be despatched to Low/;r
Courts:
Numb~r of cases in which re00rdB
have to 'be called for from V R, and
Criminal Seotion:
Number of oases in which recorus
a.re awaited from V.R. and Criminal
Section:
Number of cases in whioh E.B. ,
etc., have to be sent to E.R. a;'ber ",'
reoeipt of records from V'.R. allu
Criminal Section:
~
Number of t)'pists sanctiolled:
Dates.

(1)
.'l'ypists
attE>nded.
(2)
Pages
typed.
(3)
Total pages
typed.
(4) ,-j'l
I,I'
S.A.R. (A.D.), S.A.R. (J), Dy.l~r. (A.S.), . Registrar i
160. The Superintendent, Current section, should every day I
check the despatch register and the papers and records>received for I
despatch once at 3 p.m. and again at the end of the day andl 1
satisfy himself that all papers received on a part~cul3:r day are
despatched that very day. He should at the end of the day's
I
entries in the despatch register endorse thaJt the papers and!recordS!,
noted therein have, in faot, been despatched and indica.fe those that
have not been so .despatched.
161. The Superintendent, Current Section" shall keep the service I
stamps under lock and key in his personal custody and give the
despatch clerk such amount as he requires daily. He should daily
.check the stamp accounts with the greatest care and'regularity.
162. The,number of postage stamps to be affixed should be
minimised by using highest denominations in each case.
163. The. Assistant Registrar, Appellate Side will check the
stock of semce stamps on the first' working day, each week. He
will also, once a month, conduct a test check as to the proper use!
of service stamps by the despatching clerks and submit a report to

j
66

the HegiE/,rar. The instructions laid, down III Article 119, Madras
Pinancial Code, Volume I, should generally be followed in regard to
the maintenance of service stailllJs. The Oificial Heferee will
scrutinize the carbon copy applications register periodically anclj
submit a report to the 1{egistmr as and when any defects are
noticed.
..• 164. Original judgments should not be taken away from thei
current section if this can possibly be aVOIded. \\Then, however,.
such judgments are taken away, the Superintendent, Current
.
I , Ii seotion, will make a note In a rough book tc be kept by him an&
" \
(,
call for such original judgments if they are not returned to the
I current section within three days.

165. On receipt of papers for despatch, the despatching clerks


shall see if the papers are in order, that is, if they are duly signed!
and sealed andl are accompanied by the requisite enclosure and shal~
where necessary, send for the printed) papers' and the vernacular
recora from the printed papers sales clerk and the vernacular
Record-keeper respectively. '['he latter will be responsible for the
correctness of the vernacular record, which the despatching clerk
should not open on any account. After despatching the necessary
papers the despat~bing clerks shall send the office files or bundle~ .
to the concerned clerks or the Record-keepers as the ease may be.
1G6. A ~egister, for calling for records should be maintained.in
High Court Vorm No. 658 (Revised).

167. Orders and notices in Criminal cases, interim orders, inti'..

, matioTIs calling for records, orders calling for findings and reports
and the like, le'1:,tersto Government, urgent proceedings,etc-., mus~
be deF:patchedon the very day, they are given for deHpatch and!
should on no account be kept over for the next day.
168. The despatching clerk should affix the despat.eh QAalon
the office copy of the letter or en the docket sheet of the Order I
Decree and Judgment only at the time of aetnal despatch (i.e., onl
the day when the papers are despatched). 'He should initial over.
the despatch seal immediately after the papers are dei'lpat.ehed.
. ,
169. All packets containing original records, certificatcs, service
reg-istera and the like will, as a rnle, be RCD t by registered POSt1
-a-eknowledgment due unless there are orders to the contrary.
18ll/7-5
66

170. Local letters should be prepared and debpatclled as soon aE


DOssibleby the peons who can most e.asily deliy<:-!,tilel.U on their
way homes. 1.Jocalletters which are marked urgent or directed w
~ sent by special messengers should be attended to promptly
Letters, notices, etc., intended for Advocates Or Offices in or near
Ule High Cour~ buildings should be given to a pcun deputed for the
purpose with directions that he should deliver ~em expeditiously
and without any delay.
171. The Overseer should see that the peons entrusted with the
local delivery, promptly deliver the letters and obtain the acknow-
ledgment of the addressees in the regi&ters. After deepatch, th&
registers will be returned duly to the Current Section fOr making
the entries for the next day.

172'. An typists must take special care to keep the maCb111eS in


their cbarg-e scrupulously clean and in good working order. Once,
a week the Superintendent. Current Section will examine the
machines in his department and see that they are kept properlv
clean. If any typist is found to be careless in this matter he shoul(} "
be _reported to .the Registrar.
173. Every 'l'ypist should maintain a machine card as required:
by the rules in the Stationery Manual, Volume l, the cl,trieE in the
card should be checked once a month by the Superintendent, Current
Section. The instructions contained in G.O. No. 3168, Education,
dated 14th October 1949 and in G.O. No. 3381, Public \Vorb
Department, dated 26th December 1961 in regard to the upkeep an&
maintenance of Typewriters/Duplicat-ors should be s1;rie.tlyfollowed.
. 174. Typists will be made to pay for any repairs or cleaning to
be done to their machines if it is shown to have been necessitated!.
byiibeir neglect.
175. The duplicator (Roneo Machine) should as far as possible-
be handled by a singLe operator who will be primarily responsible
for the proper upkeep of the machine.

176. (a) Any Judgment, Order or Decree which is forwarded to,


a Subordinate Court shall be certified Labe ., True copy".
(b) It should be signed by the sub-A88istant Registrar,
Appellate Side or any other officer.authorised for the purpose and'
iluiy f'ell1c>o wiih the "cal of the High Court.
67

177. All pages in a Judgment, Order Or Decree shall be seWll,1


together in the form of a book and not merely tied together by a
thread at the top left hand corner.

118. (a) All orders and other papers which nave to bear the seal
of the High Court will be sealed with the seal in the Deputy
Registrar's Chambers.
(b) '1'0 ensure no Improper use of the seal, the fair copies or
certified copies of the Judgments, Orders, Notices and other papersl
both on the Appella,te Side and on the Original Side, should be taken;
by s responsible clerk, -deputed by the Section Head and accom-
panied by a peon, to the Deputy Registrar's Chamberb (or the
purpose of affixing the Official Seal,of ~he High Court kept therein. -
It shall be the duty of the clerk concerned to see that the accom-
panying peon promptly affixes the Court seal on such authorised;
papers entrusted to him oy the Heard'of the Section.
179. (a) '1'he furnishing of carbon copies to Advoc~tes will
If- _mainly rest with the Current Section.

(b) The carbon copy' applications register will be maintained!


"7 I in the following form:

s
o
.., '"
Advocate','" ApplicatEon c.....-o
namo. whon filed,
l:: 0",
::l
o ~<1> ....iii
~ AP.
(1) (3) • (4) (5), (6) (7) (S)

,
JUDICIAL DEPARirME~~r.
ltecelving Clerk.

J80. The Heceiving Clerk shall on presentation of papers check


them and ve-f-ifyif, the stamps and- enclosures are c:orrect and i?'
accordance with the endorsement-made on the docket; ano'
I "!l /7 --:).l
68

Advocate,. his clerk or any puny presenting the papers shall Dot.
leave untIl they have been so checked and found correct. He f,hall
number the papers receIved ui:;ing the numherina Iila,chine and
enter them in the registers concerned and then :ndorse on the
papers the date of presentation. He shall effect cancellation of all
stamps as required by Section 77 of the Court Fees Act, 1955. 'rhe
punched heads shall be carefully collected and destroyed. 'l'he
papers shall then be handed over to an Appeal Bxaminer for beina
scrutinized by him to ensure that the stamps have been properl;
-..
punched and defaced and the High Court rubbe,' stamp has been
properly affixed. After this is done, the receiving clerk shall send'
the papers to the respective section, viz., filing, notice, etc. The
llIstribution clerk will then send the papers to tbe Appeal Exami-
ners for scrutiny after entering the same in a separate register.
ApPEAL BXAMINERS.

181. On receipt of an appeal or petition of a civil nature, it win


be the duty of the Appeal Examiner to attach to it a certificate as
to whether or not it is presented in the form and within the time
prescribed by law, and is accompanied by proper enclosures and a
memorandum of valuation giving clear particulars for computing the
Court-fees payable thereon, and is stamped as required by law. n
defective ill' any of the above particulars, the appeal or petition
will be returned to the Advocate or paprty, with a note of the defect
endorsed thereon under the signature of the Deputy RegIstrar. If
in order, the pa.pers will be handed over to the docketmg clerks.
Then they will be numbered and sent to the respective sections by;
the distribution clerk.
182. The examination of appeals, petitions, applications, etc.,
by Appeal Examiners must be thorough and all the defectg must bd
pointed out in the first endorsement.
183. When an appeal or petition is ret.urned to the Advocate
who presented it with a requisition for further information, pay-
ment of additional stamp duty or the like and is represented wIthuot
the requisition being fully complied with, the reR!'on~ for .non-
compliance are to he submitted for orders of the Deputy Reglstr~r
before the case is docketed for admission.

. 184. (a.) Check slips issued by the Touring Court Fee Exami-
nerf) with refenmce ItO. deficiencies,in Court fees collecteJ in suits or.
appeals, together with the report of the Presiding Officer of -the
69

Co;urt on the action taken by him thereon, shall, when


received in the High Oourt, be submitted to the Deputy
Hegistrar by the Court fee Audit Clerk. A check slip lllvolving a
dilierence of opinion between the Court fee Examiner and the!
Presiding Officer of the Court shall, if so directed, be forwarded to
tbe lower Appellate Court, wherever appeals are found to be pending
from the suits covered by the check slip&, for such action under
Section 12 (4) of the Court Fees Act, 1955 as the Court may consider
:::::ecessary.
I (b) Such check slips involving a difference of opini.on shaH
• under the d~rections of the Deputy Registrar, be posted before Court
for orders with the connected main case pending in the High Court
for action under Section 12 (4) of I/;heCourt Fees Act.

(c) When the Deputy Registrar and the Advocate for the
appellant Or petitioner disagree as to the Court fee that shouldhav6
been paid on the plaint or memorandum of appeal in the lower
Court, the question of Court fee shall be posted with. the main case
fm orders of Court with reference to Section 12 (4) of the Court
Fees Act.
(d) Where it is found that the respondents in tlle High Court
have not paid the requisite Oourt fee in 'the lower Courts, the Appeal:
Examiners should make a note prominently on the docket in red ink
to that effect, meniioning also the amount that is to be collected.
'1'11e appeal and the second appeal clerks should wa.teh if the-
respondent has entered appearance and as soon as tbis is done,
". they should send the english bundles to the appeal examiners,

, who will take the necessary steps to realize the amount.

(e) Cases referred to in paragraph (b), (0) and '(d) supra shalt
first.be postedl before Court" for orders whether notice should go to
the Government Pleader on the question of Court fee" .

i85. When Court fee payable in an a.ppeal Or a memorandum of


cross-objections depends on the market value of immovable proper-
ties and there is nothing on record to show their market value, the
partieR concerned shall be required to file an affidavit giving, besides
t,he market value anid the date on which it has been calculated, a
li;;t of the properties, their nature,_situation, extent, annual gros~
und net profits, assessment or rent particulars of any sale and!
mortgage deeds and copies thereof in respect of the properties and
70

other particulars necessary for checking the valuation. Special


orders of the Deputy Registrar should be obtained for accepting
market value given in the affidavit.
,
186. Where a memorandum of appeal or a petition presented to
the High Oourt is not signed by the Advocate who holds the vakalath
from the party, but is signed .. fat' " him by 3not.her advocate who
holds no vakalath in the case, the Appeal E;aminer must return the -.•.
memorandum of appeal, or :Petition, as the case may be, for repre-
sentation with the signature of the Advocate who is authorized to
present it. This order will not apply to routine applicatIOns, e.g., ~
applications to Registrar f~r adjournment.

187. Appeals and petitions presented to the Hiqh Oourt on its


Appellate Side will be returned for amendment i£~~0 description
and place of residence or address for service of every party are not
given in the cause titles.

1MB. The Appeal Examiner will see whether the list of papers,
to be translated and printed or typed, if any, fileJ with the memo-
randum of appeal, is in the prescribed form, typed or printed copies
of which will be sold by the Manager, Translation and Printing
Department. If it is not in the correct form, the Appeal Examiner
will return the list for amendJlwnt. 'l'ranslation and Printing
applicatioTls in First Appeals, neeo not be retnrneo to the practi-
tioners for amendment when the'recordR required to be translated,
and typed aTe described as exhibits and depositions in the suit.
...
.

189. The Appeal Examiners shall by turn scrutinize the papers


presented with Court fee stamps affiXed to them and check the value
of the, stamps and see that the Fltamps have been properlY pllDehed I
and defaced an~ the High Oourt rnbber "tamp bas been properly
affixed. He shall then make an entry in the stamp register in
token of evervthing- being found in order. Appeal Examiners
shall also see that no unpuncbed stamps are fonnd in records passing
. tbrnngh their hflnd>l. .

190. In cases in which copies of decrees, judgments, orden"


etc., filed with appeals and petitions require amendment of what is
,obviously a clerical error or of the date of judgment, the casef'i
should not be returned to the party presenting them on tIds ground
alone but a. note of the error should be made at the head of the
petition docket and the Cases filed. On receipt of the records from

71

the lower Courts, the pleadings clerk will deliver the english
bundle with the originals of the Decree and Judgment to the Appeal
BxLtminers for necessary action bemg taken as stated below :-
If the error occurs in the originals, they shall he retnrncd to
the lo,ver Courts for correction and return. On receiPt of the origi-
nals, after correction or in cases in which there is no error in the
originals, the oopies shall be produced before the Assistant Registrar,
for necessary corrections being made under his initials.
Civil Revision Pet~tions,
...
J
191. Every Civil Revision Petition must show in plain terms,
whether it is made under Section 115, Civil Procedure Code, ot
Section 25 of the Act XI of 1887 or under any other enactment and
any petition presented for admission which omits to state this
distinctly, must be returned to the party or Adv)clte pl"eeenting it
with an endorsement requiring it to be stated precisely the provision
)f law under which the application is made. Every such petition
.;mst statp, onJ:v one or the other provision definitely.

Original ,~.ide Appeals.


192. If an appeal from the Original Side is presented bv an
Advocate or Attorney other than the one who conducted the suit C1n
the Original Side and if no application for change of AdvOC&teOf)
Attorney be filed, the Appeal Examiner should, unless the appoint-
ment; of the Original Advocate or Attorney was limited to the suit
or matter only return the Appeal Memorandum with an endorse-
ment that uhe .1. ppca1 Memorandum should be signed by the
original Advocate or Attorney also Or that an ord'er allowing change
of Advoca,te or Attorney should be filed.
\
193. Appeal Examiners should insist on the particulars of
valuation being entered in the memoranda of appeals and objections
presented against decrees and orders made on the Ori~inal Side.
194. Appeals against'.orders passed nnder Section 10~ ~f the
Presidency 'rowns Insolvencv Act 111 of' IDO\). received on the
Appellate" Side, shall he filled and dealt with, as appeals from the
Original Side.
195. (a) Original Side Appeals will be itivided )nt<l two {'.I~8e~:
(1) Appeals from judgments (decrees).
.~

72

(2) Appeals from interlocutory orders (which are in thf'


nature of Judgments).
(b) The Appeal Examiner will note on the 'docket sheeb
whether the appeal is from an interlocutory order. 'l'he filing clerkl
will note III red ink, in the lust column of the file book against
appeals from interlocutory orders ., interlocutory order." Such
appeals will be expedited as regards preparation and posting, etc.
(c) All Original Side Appeals of a special nature, e.g., Appeais
under the Companies Act, Guardian and Wards Act, Insolvency
Act. ete., will also be expedi'ted at every stage. The appeal
Examiner will note on the docket sheet the nature of the appeal a~
!in the case of appeals from interlocutory orders and prior to <.lecree
cases.

196. (a) All appeals from orders of the Subordinate Courts and!
of the High Court in its Original Jurisdiction rejecting applications
to set aside excparte decrees; and
(b) All appeals from orders of remand under Order' XLI;
Hule 23 of the Code of Civil Procedure, should be expedited at every'
stage. The Appeal Examiner will draw attention, to every such
q.~aseby notin!r the nature of the appeal on the docket and marking
:it urg-ent. The filing clerk will note the fact of urgency in the file
book and the posting book.
(P, Dig, 2'1~!>3, 14th April Hl:i3,)

197. All appeals under Section 384 of the Indian SUcc(::-;sion


Act XXIX of 1925 shall be numbered and registered as appeals
against orders and not as regular appeals.
..•
198. Applications for review of judgments of the High Courtl
shall be treated in every branch of the officeas " urgent" and made
/
ready for posting at the earliest possihle date.

A pplication to admit additional evidence.


199. A prayer to receive additional documentary evidence undell
the Code of Civil Procedure should not be combined with a prayer
to translate and print or type the documents under the rules of the
High Court. A separate petition for each purpose SllOUldbe .tiled.
fm application in which hO',h the prayers arc combmed y~'ilibe
"tteturnedwith an endorsement requiring two separate petitions tg
he filed.
73

Interlocutory appl£cations.
~uo. On receipt of an interlocutory application, i~ will be ihe
duty of j;he Appeal l!ixammers to check the names of the partieg
anJ the nu.ruber of the case given therein with those given in the
main case and to see if it is drawn up in proper form and where
necessary. verified, and whether it is presented within the time
prescribed bylaw and a.long with the necessary enclosure (e.g.
Vakalatnamas and affidavits where necessary). If defective in any
particulars. the petition shall be returned with a note of the .defect
endorsed thereon under the signature of the Deputy Registrar. If
correct, the petition shall be registered after being numbered
201. (a.) '1'he docketing clerks will docket and index all main
~ases and any petitions accompanying them, passed by thc AppeaJ
Examiners.
(b) In converted caseR like Civil Miscellaneous Appeal into
Civil Revision Petition, etc., the docketing clerk ¥- ill put up new
dockets. Docketing of applications/petitions in l)ending main;
cases will be done by the respective filing sections.
(c) The docketing clerks will after docketing and indexing
,,;lses send those cases to the distribution clerk who will number
the!Il and send them to the respective filing clerks in the Judicial
Department. The respective filing clerks will, after making
necessary entries in the file books, submit ithe cases and memo. of
Ohjpctions, First Appeals, a.S.As., L.P.As. where leave to appeal
is granted by this Court, to the Deputy Registrar for admlssion. In
respect of Second Appeals and Civil Revision Petitions the papers
wiil be circulated to the Honourable Judge in charge of the d;strict
concerned for admission or otherwise as the Honourable Judges may
\ direct.
202. A Distribution R.egisterin High Court Form No. 619
(reyised) will be maintained' in the appeal examiners' section, by
the distribution derk.

Filing Cler7,;s.

203. The filing c1erks will call for the records immediately an
appeal 01' ~ revision petition is admitt-ed. But ill the case of
.4 ppea.ls or Revision Petitions agaimt interlocutory orders pn:or to
d(',(;rce, n'8 recordlsof the case need not he called .for, except at the
instance of the Court hearing tht:l Appea,l or Civil Revision Petition
concerned.
74

The filing clerk will enter the date on which 'the record hal' been,
called for in the file registers as well as on the doc!>:etsheet of 1he
<.:ase. 'I'Le filing clerk should watch the receipt of the records
called for and for this purpose a separate book should be maintained
;;l1owing the number of the case and the dates on which records
wer~ called for and received respectively. The filing clerks in
J ud1cial department will initially send memos. to lower Courts
calling for the records, copies of which will be marked to Verna.-
cubr H(:;cods. If it is fonnd that the records have not been received
in any case or cases within three weeks after the issue of first memo.
by the filing sections, the Junior A~sistant concerned in the Verna,..
eular Records will send the firs!; reminder. If they are not receIved.
within a further period of two weeks, a second' reminder should
then be sent. If no reply is received within two weeks after that,
a de~ni-official reminder should be sent,
The forms and register5 in Judicial Department sbonlf! be
maintained as per the instructions contained in the High Conrt's
Porms Revision Proceedings 1and 2/57, dated 20th Sf,ptember and
12th November 1957.

204. When records have to be called for from the Origmal:


Ride, the Sub-Assistant Registrar (Judicial) will address the Second
A ssistant Registrar, Original Side. The Record-keeper, Original
Side, after obtaiIl:n~{ the orders of the Second Assistant Heg-istrar
;nIl forward the records with a list ,to the Vernacular Record-keeppr
who will initial the Original Side, Record-keeper's bOOK,n token- at
havin~ received the papers. .•.
205. 'franslation and Printing applications in first appeals
will, if not accompanied by certified copies of documents referred to
therein, be returned by the filing clerks to the concerned advocate I
[or being re-presented with all the enclosures.
~06. Translation and Printing applications which are uefective
should under no circumstances be returned for rectifying the defects
without a time limit of 'lot more than seven days being fixed for
re-presentation. .
~(}7. (a) On receipt. of a reference made to the High Court under
Order XLVI. Rule 1 of the Civil Procedure Code, the appeal filin~
del'k sLaH before issuing notice to the parties, examine the papers
t:o see whether the reference is competent lmder that provisi0n.
In cases ot doubt, he shall take the orders of the Deputy REgistrar
ns 1n po"tll,!! them lJefore Court for directions
)
75

(b) When references am receiverl from Subordinate CourtB


under the Code of Civil PrOeeOUl'8,or under any of the Specirtl Acts
such as the Indian Divorce Act, the Indian Stamp Act, the Work-
men's Compensation Act, the Indian Compame,,' Act and the
Guardians and "Vards Act. they shall be registered as "Cases
Referred" in a register maintained for the purpose. After issue of
notice in such cases 1;0 tl1f' neces~ary parties as ascel'~ained from the
Suhordinate Courts. the records shall he retumed to the Jirst appeal
filing clerk who shall immediately take orders of the Sub-Assistant
Registrar, Appellate Sidie, as to the papers to be printed. The cases
"hOllld be expedited at all stages of their preparation till they are.
posted' for hearing.
(c) The categories of cases coming under" Referred Cases"
are sr,t Ollt in detail in Hi<.rh Court's Proceedings Forms Revision
No. 2/57, dated 12th November 1957.

'208.' In tlie returns and regi8lt.ers, Civil Revision Petitions


" nndeer Section 115, Civil Procedure Code" " under Section 25 ot
Act IX of 1887 " or under any other enactment must be clearly
distinguished.

209. After registration, it 'will be the duty of the filing clerks


to put on the notice board, notiCes of the admission of appeals :mdl
petitions and to deliver to the Superintendent, Notice section, all
cases in which notices are required to issue and to enter the numbers
of ihe cases in ~he posting book consecutively.

210. When the Courtt has directed the appellant in a case to

, furniRh security, and when such security is not furnished within


e?e time allowed, the fl1ctthat sf)curity ha.s not been produced should:
be notifieil bv the filing clerks to thB Manager. Translation and
Printing department who shall thereupon stop procMding further.,
The case shall be given to the pJsting section for beiuf! posted for
orr1ers of Conrt.

Printing ot shortTwnd notes of e'lJidence.


~lJ. (a) After all appeal from the Original Side has been
fH:lmitted, the filing clerk should separate from the hl1nalt~ :.h"
request. if any. for a copy of the transcrin~ ~f shorthflnd nnt,cs of
evide'rlce in the snit and send it to the Ongmal Sine fo~' the tr:lDS-
cript of shorthand notes being put up.
76

(b) The Manager, Original Side, :shall intimate to the Sub-


Assistant Registrar, Appellate SIde. if a copy has already been
furnished of the transcript of the shorthand notes of evidence.

212. 'When in an unadmitted second appeal, an application


is .filed for an urgent motion in that appeal, such applicatio~
and second appeal will be circulated to the Judge looking into the
papers 9f the district from which the second appeaL has arisen and
3rders of the Judge taken as to when the application wi!] be heard.
213. Where Second Appeals have been directed to be posted
I
under Order XLI, Rule 11, Schedule I, Civil Procedure Code, before 'II

a Judge wbo is proceeding on leave every possible effort should be


made to see that snch cases are disposed of by hi'fll before he
proceeds on leave. If, however, such Judge proceeds on leave
without disposing of them, such appeals should not, be kept pending
till the return of tllat ,JJ!dge from' leave. but thev should he re-
circulated to the Judge to whom the concerned districts are
re-allotted and should be dealt with according to his ~)rders.
214. 'When a Second Appeal is filed together with an applica-
tion for leave to appeal infohna p'auperis, such application and
Second Appeal will be cIrculated to the Judge in administrative
charge of the district from which the Second Appeal has come.
Thereupon the Judge will allow Or reject. the application, pro\ided
that if he does not reject the application and considers further
inquiry necessary in respect of the alleged pauperism, he ""in
confine himself to ordering that the application be postea for dis-
posal in'the admission Court. In such cases it will aid that Court ..
if the .Tudge indicates his reason for not acting under the proviso to.
Order XLIV, Rule 1 of Schedule 1 of the Code of Civil Procedure.
215. Second Appeals and Civil Revision Petitions will be circu- f
la.ted by the filing clerks in l udicial depal1:ment for the order of
the Honourable Judlge in charge of the distriCt 3.:3 en,rIy as possible
a,fter thev are filed and entered in the respective registers. A list
of Second Appeals and Civil Revision Petitions admitted by the'
Hon'ble Judge" and ca~es that are directed to be -posted for orders,
limIer Order XLI, Rule 11, Civil Procedure Code shall be affixed
to the notice board of the Court.

216. Original Side Appeals, First Appeals, Civil Miscell~ne~


Appeals and C.M.S.As. except against orders of Remand and ~emo.
of ('..ross-objectionswill be placed for orders of the Deputy RegIstr&r-

/'
r 17
for admission. Howev(;l" appeals agalilSt orueLSof relllanu Wlii. De
posted before Court. If the Deputy Registrar So directs orders.
shall be obtained for such cases being posted for admis810n before
the admission Court.
217. When a vakalatnarna Or appearance is received separa-
tely, the filing clerk shall check it. If found defective in anYt
particulars, it will be returned with an endorsement under the
signa.ture of the Sub-Assistant Registrar. If found correct, the
filing clerk will enter the necessary particulars in tile file register
and stitch the vakalaJtnama Or appearance with the E.B. of the case
after noting it in the index.
218. (a) ,It will be the responsibility of the miscellaneous filing
motion clerk to make a note of all interlocutory and other petition:,;,
filed in the main case against the main case m the file registel"s and
in the posting book.
(b) In respe~t of petitions relating to- First Appeals 0li
Second Appeals, the respective filing clerks will make similar,
"
.endorsements in the file books and in the posting books.
~19. On receipt of vernacular affidavits, ,the. iilmg clerks should
send them to the Manager, 'I'ranslation and Piinting Department,
for translation. I
220. When petitions to brmg on record Legal Representatives or
Guardian Oradding or striking out parties are ordered, the filing clerk
will carry out the amendment in the file book and in the menio-
randum of appeal or petition (original and typed or printed
copies) as the ca.se may be, make an endorsement on the reverse of
the C..1VLP. to that effect and place it for the' signature of
Sub-Assistant Registrar, Appellate Side.
221. When a refund is ordered of the excess COUI'tfee paid in
cases filed, in the High Court, an endorsement in red ink shall be
made on the E.B. and tbe printed papers of the case of the fact of
the refund in the docket sheet and the original memorandum of
appeal in the case.

222. If any note had been made hy the Judge admitting a


'Civil Revision Petition a copv thereof shaU be prepared by the
misceilaneous filing clerk and supplied to the pusting section for
,circulation with the papers in the Civil Revision Petition to the
,Judge before whom it comes up for final hearing.
78

'223. In appeals agalllst orders passed under Section 103 of the


Presidency '1'owns lmolvency Act III of 1\)09, notice should be
given to the J)ublic Prosecutor as fl matter of course as in Crimina,l
Appeab.

Finding cases.

224. Wbere any matter has been once heard, and an explana-
tion or fInding is called for, the retul'll of the lower Oomt is fin;t to, • 1
be communicated to lfue concerned Advocates, if any, and the case
I
or petition is lLeu to be reposted fur a furt,ler hearing before the
Judges by whom the explanation was called for. 'The date of "
receipt of the lower Court's reply should be noted by the filing
clerkB in the posting book, as also the date of notice to the Advocate
of its receipt.

225. Filing clerks must be prompt in delivering el'lglish bundles


to the vernacular record clerk, the moment a case is posted.

226. (a) .Whenever an appeal under Section 15 of the Letters


Patent or a Civil Miscellaneous PetitiQn for review of the J uugment
of tbe High Court or for leave to appeal to the Supreme Court has
been filed, the appeal filing clerk and the miscellaneous filing clerki
respectively should give notice of the filing of such cases at once
to the English Record-keeper.

(b) The English Record-keeper will immediately note in red


ink the number of L.P.A., Revision Petition Or 8up~eme Courtl
Petition boldly on the main case bundle for further references, if
••
any. In such cases, a cross reference (in red ink) should also be
made in the register showing the receipt of records in english
f
record against the main case about the number of the review of
Supreme Court Petition or Letters Patent Appeal.

NOTICE 8ECTION.
227. (a) It shall be the duty of the Superintendent, Notice
section to see that notices in all cases of urgent nature as alSd
C9S"3!'1 wherein special dates have been fixed for return, are prepared
and despatched to parties within two days of the receipt of the
hn tta. He will also see t.hat notices in other case;; are i&8UedJ
Witll()11' (kllw. H,P time 1imh hprein heing seven davs.
79

(h) '1'he Superintendent, Notice section will see that the


dates of issue of notices in all cases are duly entered in the posting
books.
(G) Ail default ca.::>es
sb,1l bE'posted before the lIegistl'"r OJ"
such other Officer authorised for the purpose on the expiry of the
time limit or after two weeks where no time limit is fixed.
,
228. The Superintendent, Ndtice Bection, shall maintain an
interim m:ders register showing the number of the Civil Miscel.
l.mr,ous Petition, the date of the interim order, proo:l.ble date of
bea,rin!!:ar.'a the date of service or reason for nOll-ser'ilee. 'rhf'
reg'iBte~rshall be submitted through the posting clerk in the firstf
week of every month to the Sub-Assistant Registrar (Jndicial) for
scrutiny.
229. When an application is made for the issue of processes
only to some, but not to all, of the parties to whom processes should
prima, facie be issued in a case, the application should not he returned
bv the office suo r/lotu for the iricluGionof the names of the respon-
lents omitted in it, but process should issue only to the respondents.
mentioned therein, as it is for the party or his Advocate and not the
offiee to see that the requisite parties are entered in the application.
If any requisite party is omitted, the omission should be brought to
the notice of the Court in the usual manner, by posting the case for
orders of the Registrar or such other officer authoriseJi for the
purpose, after expiry of time fixed by the rule, or, where a
returnable date is fixed by the Court, for the orders of the IJroper
Bench or the Admission Judge sitting on that date as the case may
be.
230. Notices for service on parties living outside the City of
. Madras, shaH ordinarily be sent for service direct to the Court from
. whose decree or order the appeal or petition has been preferred,
provided that the party to be served does not live outside the dis-
trict, in which case, the notice shall be sent through the District
Court concerned.
231. In respect of notices or summonBes, etc., to be served on
parties residing in the Ci'ty of Madras they will be entrusted to the
Bailiffs in the Sheriff's office for service. However in respect I)'
cases arising from the CHy Civil Cour;;or the C01irtof Small Cause!>-
.Jucn processes or notices will be .'lent 4:1Jrcugbthose Court", f~
serviee '
80

23'2. In cases where service of notice on a proposed guardian is


effected by ai'fixture, such service is insufficient, and intimation .\
should be given to the Advocate concerned accordingly requiring him
to take out a fresh notice wi'thout obtaining formal orders there- "
fur. .
233. In every case referred to the High Court under the Indian!
Stamp Act, notice shall issue to the Government Pleader, Madras
as soon as the case is numbered.
234. When motion cases cannot be broug}]lton for hearing on the
returna.ble dates fixed by U10 Conrt, O\ying to simple non-return of
process such cases need not be postPel in Court for or-uP;"qbut c:llonl<l
be placed before the Deputy Registrar for orders for the required
extension till notice is returned.
235. All returns on notices shall he examined by the c10tice
clerks who may, if necessary. submit the same to the Bench Clerk
for determination of the sufficiency of service.
'236. vVhen the notices are returned served or when the service • 1
j" declared sufficient, it will be the dui,y of the notice clerks to enter
in the posting hook the dates of service. . I
S:l7. \iVhenever there is any case of irregularity in the serVIce t I
of notice by Subordinate Courts, the matiter will be brought to the I
.notice of the District Judgeof the respective District.

or
23b. When a notice is returned unserved on account or the dea:h
a party intimation should be given to the appellant (petitioner) or
i
his Advocate and the date of death shall be entered by the notice
clerks in the posting book. If no action is taken within \10 days
aftetthe date of such death, the cases will be posted for orders of
'Court if there is only one respondent in the case but if th{'re is mote
than one respondent in the case, it will be p08ted for orders before
the Master.

"20H.Whenever 3. practitioner states in writipg that he will pro-


ceeQ8f!ainst the surviving respondent or counter-petitioner in any
appeai'or petition, no formal order of the Court confirming his gl;ate-
ment is necessary.
240. When an Advocate of the Court dies in will be :he outy of
-+lJenotice clerk to prepare a list of the cases in which such Advocate
has been enga,ged, together with a requisition calling upon the
81

month. A copy of this list must be posted on the notice b\iard', a.


parties to come forward and substitute another Advocate \vithin one

copies must also be transmitted to each of the Civil Courts of the


districts from which the appeals are pending.

CRIMINAL SECTION.
.. 241. '1'he Presidency Magistrates are nowhere officialJ)
designated as " Senior" or "Junior" Presidency Magistrates.
The Presidency Magistrates are designated as Chief, Second, 'l'hird,
Fourth and so on. If these Magistrates are not properly described
in the petitions Or appeals, the Criminal Appeal and revision filing,
clerks shourd return them for correction. In the orders issuing from
the High Court to the Presidency Magistrates they should. be
addressed as Chief, Second, Third or Fourth Presidency Magistrate,
and so on, as the case may be.

Referred Trials .

242. A list of pending Referred Trials and of appeals againstJ
acquittals in which the person acquitted had been re-arrested shall
, be made and laidl before the Deputy Registrar once a, week. 'The'
list shall show how long the case or appeal has been peneling and the
steps in detail taken to advance the hearing. Referred Trials anll
Appeals Against Acquittal in murder cases are to be given priority
over all other work whatsoever.
•• 243. The Magisterial records in Referred Trials shall not ri~
circulated to the Publio Prosecutor and the Advocate for the pri-
soners but they may be inspected in the office.
\
244. Briefs in Referred Trials and in cases referred to in Rule
241, Criminal Rules of Practice and Circular Orders, in ':'ihich,
death sentence is likely, will issue every Wednesday to the cuunsel
selected. The cases concerned will be posted on the Monday 0:R
the week following the issue of the briefs.
245. In appeals from acquittals by Sessions Judges, notice to thej
accusen should be sent t{)the concerned Court from which the appea~
has heen preferred, dIrect for service. The Preliminary 'q,egisiteli
number as well as the Sessions Case number should always 1je
given.
]89/7-.6
, 82

_ 246. Whenever an appeal against acquitta.l by the Publio


Pl'Osecutor is preferred after. the expiry of three months from thai
date of ,acquittal, the Criminal appeal filing clerk will make a. not"
in red ink in a prominent place on the docket sheet that the appea( .
is presented so many days (i.e., specifying the number of days) aiter
the expiry of three months.

247. In every case of Appeal against acquitIJal in which the


..
ioOOused is entitled; to be defended by Counsel engaged by the St~~
under the rules, the Criminal appeal filing clerk will take the ordera
of the Hegistrar as to briefing counsel to defend the accused. ••
248. In appeals against the acquittal of an a,ccuseG chargedi
with murder when the report: of the Sessions Judge that the accusedi
had been released on bail is receivedi in the High Court, the Criminal
appeals clerk will note on the E.B. of the appea.! and the Judges'
printed or typed papers, the fact of the release of the prisoner on
~ail and al£o inform the Public Prosecutor of this fact.

249. Where any caSe is heard before a Bench of Judges &.nd
such Judges are equally divided in opinion, the case after being laid
before another Judge und'er Section 378 or 429 or 439 (1) Crimina~
Procedure Code, shall again be posted for pronouncing Judgment
0efore the Judges who composed the Beneh or such other Bench aa.
the Honourable the Chief Justice may nominate.

260. All applications under Section 215, Criminal Procedure


Code, for. the quashing of a commitment to a Sessions Court and alL
references recommending that a commitment should be quashed:
muSit be treated as urgent cases, i.e., they must be made ready
~xpeditiously and posted for hearing as SOOnas possible, being placed ,
high up in the Criminal cause list.

251. 'When the High Court takes up a, calendar for revision suo
motn or admits a, Criminal appeal for hearing, if notice is ordered'
to be .given to the PubYc Prosecutor such nQtice should conta.in 8i
,short note of the reasons or remarks, if any, recorded by the
'Junge for taking up the r.evis-ion.caSe or adn:itting the appeal".
11nless in any case the RegIstrar dIrects otherWIse.

2iJ2. Re<]uisite number of copies of every Criminal appeal peti~


tion for tIle"purpose of issue of-notice, etc., shall be typed hy ~he
(',OpYlsts who prepare copies for the Puhlic Prosecutor.

'.
,.
. ,~83

j 253.. Vlhen. n~ticei{) t~~ l)ublic n'osecutor has been ordered by


. Court III a Crnl1lnal RevIsIOn Case Or Criminal MiscellaneoUS!
'Petition,. i:e~ordss~all be called for through the Sessions Judge
Ol'.~he DIstnct Magli'itrate as the case ma,y be.
.254. IIi evety Criminal Revision or Miscellaneous Petition,
preferred from the Judgment Or Order of a Sessions Court and,
in every reference by a Sessions Judge under Section"438, Criminal
"
1'1'oeedure Code, and in every Criminal Miscellaneous Petition,
for stay of proceedings or for bail, two ,copies of the grounds of
.. the petition (including affidavits, if any) or oCthe letter of reference
shall be made by the copyists who prepare copies for the PubliQ
Prosecutor and sent to the PubliC. Prosecutor along with the
notice issued to bim in tIle case.
255. Every. Criminal R~vision Petition shall be posted for
admission at the earliest possible oPPol~tunity after it is filed,
. without the printing of either plea.dings or evidence, unlesq the party.
has presented with his petition an application specifically aski~
for printing before admission and has also at the same tim.e producell
copies of the papers which he desires to be printed.
2£)0. In .Criminal Revision Cases posted before n Bench for dis~
posaJ, copies of the Judgment-and reference (if any) m'e to be
. t.vped for the use of the Judges.
257. In Criminal Hevision Cases where the records are typed
a copy of the charge in the case should always form part of the
• typed record ..
258. When a Criminal Revision Petition which' is many waY.
connected with a pending Referred Trial is presented, the !:'peciai
orders of the Registrar, shall be taken at once regarding the
posting of both cases.
259. In Crimina,l' Revision and Appeal Petitions presented
.against Judgments or Orders of the Presidency Magistrates two!
.copies of the grouilds set out therein should be sent to the PubliQ
Prosecutor along with the order of the Court admitting such:
petitions.
260. (a) Except appeals against sentence or imprisonment for
iife or death, all appea1s and all revision petitions from prisoperBl
in jail who are not represented by Advocates, shall, in the fir~
instance. after translation, if necessary, be circulated to the Judg-e
18fl/7-6-A
l~ chal:ge of the district. If they are marked for summary dismissal,
they shall be posted immediately before the Judge who perused
them. If they are marked for notice, they shaH be posted for
final hearing in the usual course after service of notice and printina.
if any, before the Judge or Judges to whom the Chief Justice h~s
assigned the disposal of Criminal work.
."
(b) Cases referred by the Sessions Judges and District Magis-
trates for revision hhall be circulated in the manner. stated above
for orders.

261. When a prisoner in jail files an Appeal or Revision agains~


a sentence or order passed by a Presidency Magistrate, rhe records
of the case shall be called for and then circulatedl to the Judge I\long~
with the Appeal or Revision Petition for orders as to admission.

262. In cases where there are more than one accused, if a jail
appeal by one of the accused under Section 420, Criminal Procenure
Cod'e, is pending and a regular appeal is filed by another accused
against the same Judgment under Section 419, Criminal I>rocenure
Code, both appeals shall be posted before the Admission Cour't
t
after \vithdrawing, if necessary, the jail appeal from circulation.

263. Every appeal from a Judgment of a Criminal Courli in;


which a sentence of imprisonment for life has been passed on the
appellant or on a person tried with hIDl shall be posted for admissbl1,
before the Criminal Bench atter circulation of the papers first to the ..
Jl1niorand then to It-heSenior Judge.

264. Petitions for revising the order of a Magistrate regarding


the transfer of a Criminal case or for the Revision of any order of.
Court made in a case peilding before it shall be treated as urgent.

265. (a) rren copies of the record shall be printed Or cycIo-


styled in all Referred Trials, Appeals Against Acquittals on chargeS
under Section 302, Indian Penal Code and Hevision Cases in which'
the passing of a sentence of death is possible. '

(b) In cases of appeals where records are not printed, six typed
copies shall be prepared. In cases where there are more than one
accused, an additional COpy for each of the other accused shall be
prepared. .
'2G6. (a) In every referellce under Section 3H of the Code of
Crimina,l I>rocedUl'e for confirmation of a sentence of death, tIl
every appeal under Section 417 on a capital charge and in every)'
revision case in which notice has been issued under Section ,l3;) (1)
to the accused to show caUSe a.gainst enhancement of a sentgnce of
imprisonment for life to one of death, the Head clerk, Crimina]
Scdion, will put up for reference of the HonoUl'able .Judges of the
Criminal Bench hearing the cases (1) a copy of the explanation'
furnished by the Court of Session under Hule 315 of tIle Criminal
Hulesof Practice and Circlliar Orders, 1958, with cQPies (rf Jud'ge-
ments submitted under Hule 314 and (2) a copy of an explanation
headed "Note on idelay in the High Court's office" previously
•• al'proved by the Deputy 11egistrar, Appellate Side, on the delay
in the preparation and posting of the cases when there is an interval
of over 60 days between the date of judgment in the Sessions Courf,
and the d'ate on which the case is posted for hearing.
(b) Every explanation furnished under Rule 315wrth Judge-
ments in Sessions Courts will be examined in the Criminal section\
as soon as it is received to see that it contains sufficient details a~'
• to the ca,uses of d/elay and, where the explanation appears to be in-
a,dequate, the orders of the Judge to whom it is submitted for perusal,
8ilould be obtained at once for calling for a more detailed explanation.
(0) In every case in which a sentence of death is passed 01'1
confirmed by the High Court, copies of these explanations shall forml
part of the records forwarded from the Bench Clerks' Department
to the State Government under Rule 246 of the Criminal Rules o~
Practice and Circular Orders, 1958. '
267. (a) Immediately after the memorandum of grounds is,

, copied, it will be the duty of the Criminal filing elerk to ieE.ue


notice and call for records and he will issue reminders in case of
'!wn-receipt of records as follows ;-
.(b) First reminder 15th daT; Second reminder 25th day and
D.O. by. Sub-Assistant Registrar (Judicial)~32tl::1 day.
(c) If wdhin a week after the D.O. the records are' not
received the case will be submitted for ordera' of the Deputy
, . trar.'
I:,egJs
2G8. Criminal Revision Cases, m which notice eannot be
served, despite issue of notices thrice for service, should be'
snhmitted for orders of Court dealing with the. Crirninal work.
2G9. Tn Criminal Appeals and Hevision Petitions presented to
the High Court by the Public Prosecutor, such of the encloiiures
~ are required by him to be printed/typed for the Admission
COUrt shall be prepared at the expense of the State.
270. In all Criminal cases wheJ.'e the papers are printed/typed
the ;.if'peal petition shall form part of the printed record if iha
petiiion is received in time. Otherwise it slull be typed.
~71. One Criminal Hevisioll Petition should not be received' in
respel;:t of two separate proceedings or orders. Two separate
petitions lnllst be filed. -
272. "Vhere applications for bail of one ')1' more of several ••
persons convited in one case had already been dealt with by al
Judge or Judges, any subsequent applications for bail on beha,lf
of the other accused in that case, filed on the sarne day or on
different days shall be posted, as far as possible, before the same
Judge Or Judges who heard the prior application.
I~
(P. Dis, No. 721 of I Bi.::>, (:til Odo))p)' ] B:,:!.)

1'vlateria,z Objects. •
,~7;3, \\Theil :je\vels 01' other valuables are rec"ived as material
objecUl or exhibits in a case, the boxes or packets containing ~hem
must he opened by the Head clerk and the clerk de'aling with
material objects in Criminal section in the presence of the Assistant
HCljlstrnr, Appellate Side, and the contents checkeil \\ ith the iist
teC:6iycd from the lower Oourt. If, on examination, the Assist:.lnt
Registrar discovers any discrepancy, the mat.ter should at once be
brought to the notice of the lower Court for enquiry and explana~ .•
ilion. The valuables will then be sealed up again in II;he presep.ce
of t:-;e Assistant B.egistrar and 9anded over to the Heftd AccQuntant
fo1' "8f(: custodv. ,Vhen the case in which thA valuables ne, I
exllihited is po~ted for hearing, the Head clerk and the Material
Ol)jects clerk in the Criminal section must take c:la,l'ge of the box
or packp,t containing the valuables from the Head Accountant art
tbe ,Jay of hearing for delivery to the Bench Clerk in charge of
the ca~e along with the records. As soon as the hearing is over,
the Bench clerk will return them to the Head clerk, Criminal
sect,ion. If the seals have bc\en broken in COHrt, the valuables
trlust l~e checked once more' with the list and fe-sealed in the
presenCF. of the Assistant Registrar without the lea~t delay. 'l'hey
will then be handed over to tl1e Head Accountaut for safe custod),
till thpy can be despatched to the lower Court.
8'l,

~74. '1;he ma te1'lul objeets sent for reference in Criminal caseS)


slJOuJdn01 be destroyed in the Higll Court but should. be sent back
to the lower COUI1tif it seems likely that they may be ;. anted fori
the t1'i:],1of other accused who may be absconding (,1' if are-triaL
has heen ordered.
275. A proper bound register of . material objects regarding!
Criminal cases will be maintained by the clerk concerned in High!
Court Form No. 199 (Revised). The following instructions wil~
.• be typed and prefixed to eaqh register:-
(1) Valuable properties shall be returned to the lower Courts
byinsul'ed post. The postal acknowledgment will be filed
separately' and numbered in the order of receipt in the Higli:
COl;r~.

(2) In the remarks column, the (liate of despatch, and the


serial number of 'the postal acknowledgment when! received b~
aha) be noted.
(3) '1'he register will be in two Section~-
(a) For valuables.,
(b) For non-valuables.

(4) When items .of non:-valuableproperties are handed ovel'l


, to Lbe Overseer for disposal, his initials with. date shall be
o))tained.
(5) If any a-ccused is absconding, the material cJbject '3hal1
beretmned to the Court concerned and should not be disposed of
in :lte High Court. In cases where' any of the accnsed is l'eported
• co he absconding, necessary entries should be made in the rEmark!.'
column.
(6) 'J'he Assistant Registrar will check all the valuables.
\
27G. Material Objects will be unpacked by the Head Clerk and
tIle Material Ohjects Clerk (Criminal Section) in tbe fl'esellce of
tile Snb-Assistant Hegistral', Appellate Side. H any material
object when unpacked has no label or inark on it ~oshow the case
to which it belongs, the clerk in the Criminal section will put w
hbfi giving the informa.tion on it. It. will be the r1uty cf the
J-Tend Clerk n,nJ the Material objects clerk to compare the material\
obied.sreceived with the list of material objects in the record of '
th~ C3f'C and ""ith' any correspondence received on the subject-from;
88'

tb~lower Court and to bring any discrepancy at; once Ito the notice.
of thE; Sub-Assistant H'egistrar (Judicial), Packets of material'
objects (marked as :valuables) and received by insured post will be
opel~r:a, examined and sealed in the presence of the Assistant
Ite2isirar.

277. In cases where material objects have not been sent up, II
note will be made in red ink on the outside of the printed papers
sUI'l1ied to the rublic Prosecutor of the material obiects that llave
not been sent up by the lower Court to ~mable the J>l{blicl'rosecutoli ..
to giVe infol1Jllation in time to the Registrar to take out of the,
ruugh Est any cases in which the production -Jf material objects
is. essential. A similar note will he made on the printed pa.pers'll
typed papers supplied to the counsel for the f\CCUS8J.
..
278, The attention of the J\1aterial Object,;; clerk, t'riminaU
sect,ion will be drawn to the Rules 374 and' 375 of the 0riminaE
Rules of Practice and Circular Orders, 1958, regarding the disposab
I~ of Material Objects. Articles of trivial value like sticks. btones,
earth, etc., will be handed over to the Overseer, High Court fOl!
destruction after the expiry of the Appeal time to the Supreme
Court,. Knives, bill hooks, axes and other weapons used for the •
commission of the crime shall be handed over to the Overseer a.fter
the lapse' of the period referred to above, for being sent fo the
Pnblic Works department for disposal while all the fire arms and
ammunitions shall be returned to the lower Courts concerned'.
, 27\]. (a) The Head clerk, Criminal section will submit to the
Deputy Registrar a monthly statement of pendency of materi~~
' ohject,s for the preceding month on or before the 10th of eacll
month showing the following particulars, viz :-- ..
M. O~. pending
at tho
R"ceived during Dispospd * Ponding at
the month, of. the ond of
h"gi 11I1ing, t,he month,
"

(1) (2) (3) (4)

______ 0_. _
---------, ----------- -'-
* Of t,he totn I p.'nd,'ney, pendpncy for o\'er 3 months, 6 months aud ovor
a year should be sll c Wll separatel.,'.

(b) In cases where action is possible but are not taken, the
HeaJ clerk, Criminal section will see that steps are If:aken
expeditiously in regard to the disposal of the material objects.
Calendars.
280. Criminal clerks should take special care to fee that aU
the columns of, the calendar statement attached to the Judgmeniisi
of IOWeel'Courts are duly filled in. In calendars of Sessions cases,
the name 'and designation of the committing Magistrates should!
always h8 given. Any calendar statement not duly fIlled in f~hould!
be returned to the lower Courts, for supplying the omission.
281. Whenever a Judgment is received without the statement
COIl taming a description of the prisoners, etc., the Sessions Judge
should be requested to supply the omission.
282. Calendars for perusal will go to the cTudgp-s tlJrou~~h the
• Sub-As'3i~tant Hegistrar (Judicial) .
2&3. (a) Criminal Rules of Practice, No. 31:"5, :'upJircs that an
explanation should be submitted whenever more b:1 i1JlYC wcm1l1s
1

time have elapsed between the apprehension of (J'e a. :11><0£1 rlIJd the
close of the trial in the Sessions Court.
(b) In submitting calendars for the perll<~; (If Hon 'bIe
Judges the assistant to the Head clerk, Crimiml seclion. will draw
.. the -attention of the Honourable .Tudge in charge of the districiJ
to 3 •• )' instance of such a delay hy marking c1l3 oXl1]:mation 2nd
the rckv:mt d'utes in red pencil.
,. (c) Any other delays which have taken place at any stage
Letv,con the apprehension of the accused and the close of trial in
the Sessions Court will also be marked jn red pencil so 3S to
attrad the notice of the Hon'ble Judge perusing the (',alendar.
(d) If the Judges make any remarks' on caJeiHlars, buch
remarks should he brought to the notice of the Depnty negistrar,
Appellat.e Side, through the Suh-Assistant Registrar. Appellate
Slde and if consirlered necessarv to the Registrar as ,vell, 1>efore
\ M:c issue of necessary proceedin'gs to Ithe lower Court.
'284, 'When a Judge perusing the calendar and Judgment in
a Sessions case makes any remarks on the propriety of acquitlt.al
of the accused and directs the office to ascerbin from the Public
Prosecutor whether the State Government intenrl to l,resent an:
appeflJ to the High Court against the order of ac~nittal a copy of
!the Judgment alone shall be sen'!;to ifu.ePublic Prosecutor together
with a letter in the ,following form' . " I am rlireeted to forward
a cupy of Judgment in Sessions Case for examination
an,l ')u"h further action as you consirler. is callen. £01' ill the case."
(P, Dis. 7Mf4.9.)
90

Miscellaneous.
285. After notices are \vl'itten, by the Criminal section they
should be sealed with the seal of the High Court and sent to Curren_
section for despatch. The Current section will affix the despaIeh
,;e;il all the oUice copy of the notices. rrhe Crimin.al section will
then enter tlie dates of issue of notices on the }j.83.

~86. (a) CopieB of orders admitting Criminal Revision Cafle8 and


Criminal. Appeals where they indicate the }'ea,sons for admission
skill inniriably be sent to the Judges before wbom the cases 01'
al/peals are posted for disposal.

(b: In Criminal cases no appearance shall he accepted or •..


('lllered ill the cause list on behalf of a complainant to 'whom the
Court \bas not ordered notice to be issued.

~87. The Judge \"ill pass orders as to whetbe:' the evidence iliJ
to be printed/typed for Court if not furnished by the petitioner
himself. ,

2~8.(a) An application for translation and printing/typing:


be presented within one week from the date of admission in
Sll')\lkl
the case of the petitioner and within fourteen days fr0ID the date
of the service of the notice if it is by the respondeilL •
(I» The bills should be paid within ten days of service.
(Three days will be allowed in notices issued to point 0U#
portions.)

28v. Applications fWlll District and 'Sessions .T udges for


tran"fr.r of Criminal cases from one Court to allother in the same
Sessionr, division shall be delivered by the tapa! clerk to the
member dealing with the subject in the admmistrative
ment;. He will verify from the Criminal 'lecti()ll whether
depart-
any
,
:1ur,l iell han Ims h('r11 p"t, in hy the parties for h'a Jl:~fer tilld then
pbce the letter/application of the District and ReRsi<'n.,Judge to
1hrHor,'])lr Judge in eharge of the Distrid, for lIders.

~90. In the R.T. register the date of Judgment ir. the lower
court should invariably be noted in red ink' in tbe rElmarks column.,
Not more than five cases shall be enter",Jin each pagel
df hIe book. High Conrt Form No. 51) should hense<1 only fo]'!
stat-e briefs.
91
Two separate registers shall be maintained:-
(1) To wfttehthe receipt of calendars;
(2\ To watch further correspondence, d' ,my.

High Court Form No. 72-A need not be maintained in district-wise


forms. Notice Form should he in the revised forms vide P. Dis.
1024/58. For Amicus Curiae, High Court Form No. 69-A should:
•. re.:used .

POS'l'ING SECTION.

?nl. 'When notices have been returned as servel and the


records received, and when fair copies of the printed or typed
paj:ers are ready, it will be the duty of the posting clerk to bring.
the appeals or petitions on the ready list of ,,,hich chte l1utice ",llOUId
be given on the Court's notice board.
292.. The sittings list will be settled and published weekly. 1
il 298. (a) A monthly list of cases ready for posting should be
prepared by the posting section from which cases will be taken
ont for the weekly list.
(b) In each week, the posting clerk will put uIJ on the
Court's notice board the proposed cause list for the following week.
In preparing the list the posting clerk will take up 03ses fTom'the
ready Jist according to the serial order and strictly ullwre to lhe
directions contained in Order IV, Rules 17 and 22 of the A ppel1a.te
.Ri~e.1\111es, 1965.
(C) Orders of the Deputy Registrar must always be obtainedi
before any case is taken out of it.s place in 'the ready list, whatever
, may be the reason. . .
~(d) If cases once brought on the ready iist iJ('COllleHot ready
in print/typing they should be placed before the Deputy Hegistrarl
for Ofllen; as to whether they may he retained in the ready list
or not.
2\14. An appeal which has once been in the rcad~' list, but
hn;:: hecome temporarily not ready for posting 0,.;:in!! to 1he death
of pnrr.y or parties, shall nonetheless be retained in its plaee in the.
re:Hh lise hut a n01e must be made aga.in.~t slle11 case in 1he
rem;rks column explaining Ithat it is not to
be posted until the
legal representatives of the deceased are brought on record (and
jf necessary served with notice), or until the time fOf lJringin81
tllem on record has expired .

. 2H5 .. The }Jostmg of no (;ase is to be delayed on the ground


that it is conuectel1 with some other case or cases, except by (.rder
of the Court Or by written order of the Deputy R.::gistmr.

296. Whenever there is delay on the part of the appellant iIi .•


applymg for the appointment of a guardian for ~ minor respondent
in any appeal, petition or matter, the offiCe should not waiii
indefmit,e!y, but should, after the lapse of a l'c:l%THthletime, pos~
tile case for the orders or the ('Oll1t with nott'lls to the laches
OIl the part of the appellant.

297. Reversed and remanded cases that conle up a second time


Inay be posted hefore any Bench.
J' .
~:)S. No petition will be set down for hearing until the
dfiliavjts therein have been tran~lated or. :he time for payment
of translation charges shall have expired without payment. •
~\J0, Oases in, which applications for secunty for CllStS have
heen Il1nered, but the time within which security should be
furr:ishen. has not expired, should not be posted for hearing until
the c:xpiry of the time.

flOO. \\Then an order has been made directing a party to alll


appeal or other proceeding on the Appellate Side of the Irigll.
Com:t to furnish security or do any other action, or to the satisf"c-
bOl! or a lower Court within a given time, the re~\)rt of the lower
court in the matter shall be posted.' before the Admidbion Court
I
Or before the Bench which made the order, if it was made by 8r
130Hch:
3Ul. \\'hen an appeal is posted for orders under Order xn,
Rule 10, (;ivil Procedure Code, owing to non-compliance with an
order to furnish security, the application on which the order'.vafj
passed should also be posted with the appeal. '

302. Specially impOl-tant cases should be brou~bt to the notic.e


:of tIle Hegistrar by the Deputy Registrar with a vic",' to :;peci'11
arrangements heing made to post them.
98
:303. The preparaltion and posting of cases l'cForted to be'
causing delay in the d'isposal of cases pending before the lower)
Courts should be advanced with all possible exredition at aU
stages.

304. 'rhe posting clerlis, Appellate Side, will send to the


):I'irst Assistant Hegistrat (Original Side) and the posting elerk
• (Ongmal Side) a proof copy of the sittings as sonn as the 1-1'oofiSi
receive{!from the press.

I~ 205. Appeals agains.t Orders under Section 10g~f the P1'e8i-


dellc)' Towns Insolvency Act (III of 1909) sha11, as soon aSi ready,
be submitted for orders to the Hon'ble the Chief .Justice.

306. Cases "For withdrawal" or "For orders", etc., shouldl


be posted top in the list.

307. (a) Any cases postponed from 'the previous Court day
because of insufficient time for hearing them shall maintain thelli
posit.ion in the next day's cause list unless there are special orderS!
to the l~ontrary.
(h) If in passing orders on a stay petition tJ:t~Court directa
the main case to be posted for hearing on a particular day, sl1chl
caE'e should appear in the cause list of that day after part-heard'
casea, aTldthe Beneh clerks should obtain clear ol'l1ersof the Court
in each case. In other cases where nO particular date is fixed Im~
a case is directed to be posted after a' specified period, it phall be
ailJed to the list at the end of the specified period.
\

308 (a.) A, register showing the Letters Patent Appeals wd


Civil Miscellaneous Appeals (Bench Cases) directed to be posted\
witb Single Judge cases, such as Second Appenls, Civil Miscella-
neous Second Appeals and Civil Revision Petitions should be
mainf.ainer.. in the form given below. These cases should he
posted as soon as both are made ready irrespective of the order of
the single Judge cases in ~he general list.
(b) This regis!ter will he checked once fortnightly hy the
Sunnrintendent (oTndiciaDand submitted for the scrutiny of the
Suh- ~ssistant Registrar (Judicial).
FORM.

Kumber of the cases Date on which Da.e of Hervict)


to be heard each case . of I\otice in
together. became ready:. each case.
(I) (2) (3) (4)

i30~j.In entering the names of the parties in the cause list,


tlie phrase " and another" should not be used. All the 'lames
should he entered.
310. '1'he posting clerk will see that in ~he printed cam,~ LfSta,
accurate and complete information is given a.s to the P~l'tyo~.
parties for whom Advocates or Attorneys appear. .
311. Before beginning their day's work, the pesting clerka.
should examine the fair cause lists struck off by the press to satisfy! i
themselves that the press has not inser.ted any wrong matten
Hlerein.
312. In cases posted "to be mentioned", two copies of the ..
note to the Judges containing the points of reference should be.
prepared and sent to the practitioners on either side.
3Ia. (a) In all cases of motion, the necessary papers tihould be.
circulated t-o the Judges concerned the previous evening.
(1)vVhen there are several motions on a day, they shall [.e.

arranged in the order of seniority of the Advocates moving them.
(c) Papers in the cases posted for lVJonday should be t
circllbteiI to the Hon'ble Judges with the cause lists on the
prCYJOllS Friday evening and not on Saturday evening.
314. (p,) Unless a case is already in 1he dlay's cause list before.
a Judge or Judges, any _application to adjourn it, shall be made to/'
the Deppf.'{ Re~istrar in writing.
(b) The Deputy Registrar is allowed the discretion togranU
adjournments on Ithe understanding that the Co~rt is strongly
opposed tc anjonrnments, heing granted on any ground whatever,
in Criminal cases and in Civil cases on the ground of want of ..
" instructions " or " of work in another Court or in the mof[ussi1.".
T1Je death of ncar relations and personal illne'.i,3may no doubt be
goud grounds for granting adjournments, but as a rule nO'ndjO'urn-
lllelJt Ga,nhe granted unless the applicant prO'ducl}~the (;Gnsent in
wriiing af the ather parties concerned. '
(0) All leiters far adjaurnmentof cases in the roogli Us.
shall be made to 'the Deputy Registrar, Appellate Side. If an
adjournment is refused by him, any further application should be
maJc to the Court.
(1,) If the Deputy Registrar has any doubt as to' whether an
adjournment should be allO'~Tedin any case, he may abtain orders'
(in ehambers) of the Judges camprising the Seniar Bench sittinfJ
at tIle time for the disposal of the class of cases tll which the e:tse
in question belangs. ' '
(e\ The Deputy Registrar shaH record his order cn the letters
for :1djournment in writing and the office shall not adjourn any
case except upon such written arder.

315. Duril}g any temparary absence of Deputy Registrar, hi~


dutic::; under these ruleH may be performed by the'. Assistant
Hegi~fTflr, Appellate Side.
316. All applications to' adjourn Heferred Trials should be ma.de
to' the Criminal Bench.
:',17. Ordinarily adjournments should aO't be made after 4 p.m.
UJlless sl-'ecial reasons far the late application are given. 'rhe
Deputy Registrar should not ardinarily give adjournment for more
thZlfl ten days at a time.
3l8. Any application far sending papers in an lmdiHposecl af
case to anather Caurt far any purpose whaifever. will be Bub'mitted;
for orders thr~mgh the pasting clerk, who will note on the 8pplic~
tion whether the case is ready or not far pastin~. rrhe applica-
tion will be returned with arders thraugh the p(.sting clerk who,
if nlC case is atherwise ready and t~e applicatian is granted, wil~
l1dle the fact in the pasting baak.

319. (a) Applicatians far translatian and printing which have.


heen ll'.1mhered and filed in the petitian register, wlJen disposed af-
hv HlP Deputv Registrar (under the Translation :md Printing-
R~l]es) shall b~ entered in the filing registers and posting baoks .


,96

(hi The forms and registers to be used in [he posting seetioll


~hould?e in, acco,rdance with the revised forms prescribed as pel' "'1
mstructlOns III HIgh Court's Forms Rev. No. 4/57, dated 20th\ I

September 195'1.

ENGLISH REOO:&D.

320. Hequisitions for papers from the English Record RoOm) •


must state the purpose for which the record'l are required and
lllll~t be made by means of prescribed record slips duly filled up.

321. In all cases referred for the decision of. the High Cou.r~
under Section 57 or Section 60 of the Indian Stamp Act (U of
1899) a copy' of the instrument about. which the referece is made
shaH be inelllded in the records of the ca,se lond preserved along
wi~h the Judgment. . .
:;2'2. On being informed by the filing clerks ihn t an appeal
under Clause 15 of the Letters Pateilit or a Civil Miscellaneous
Petition for review of a Judgmenbof the High Cour]; or for lea.ve tQ ,
appeal to tht Supreme Court has been filed, the English Record-
keeper shall make a note of such filing and take steps to see ~hall
the connected records are not destroyed unt'il such Letters Patent
Appeal, Civil Miscellaneous Petition or Suprpme Court Appeal'
is disposed of.
323. In all cases wherein the records are nqt printecl, 1he
certified copies of the Judgments and Decrees or Orders of the lower
Courts filed at the 'time of adrrnission along with such appeals ort
revisIon petitions will not be returned to the praditioners. " I

324. The Original Side taxing clerk will- be allowed aecess to


Appellate Side records for the purpose of vouching bills of costs, ;
with the- permission of the Sub-Assistant Registrar (Judicial).
. :1211. For the purpose of vouching bills of costs, papers from
the Appellate Side may be issued to the OrigiTlal Side taxing derk
on his own signature.
326. The English Record-Keeper will send to the Original Side,
recorils in Original Side appeals when they a,re rel1uired on the
Original Side for granting copies on applications made to it.
327: The registers to be maintained in Ithe section will be in
accordance with the orders in High Court Proceedings-FormS!
Revision No. 13/57, dated 6th August 1958.
Indexer.
328. In all cases where L,U. copies are marked for typing,
1Jheindexer shall prepare the index of such a c&se by giving
short notes of the case and using catch words sufficiently
explicit to indicate the point or points that have been discussed
pr determined adding at the end, the names of the members of th••'
Bench, the number of the proceeding and the date of judgment.

.. 329. It will be the duty of the indexer to send the judgments


and orders with the least possible delay to the Editor, Indian Law
Reports, Madras; for selection, and to keep a register in the pres-
cribed form showing t,he various steps taken thereaf (61',
330. When a. judgment is reviewed and the fact is b.-ought to
the notice of the Indexer he will make a note of it on the J Jaw
Reporter's ,copy of the judgment so tha,t the Juc1ge granting permis-
sion may be made aware of it.
331. In the case of Supreme Court judgments as and when:
received from the Supreme Oourt, the assistant Indexer will make
.. a note in the register showing the details like case number, name
of parties, Judges who decided th,e ease, etc., and circulate them
to all the Honourable Judges. The Indexer will prepare a small
head note in the register itself. The papers will be in hi, custodyl
• and whenever :the Oourt calls for t,he same, they will be sent td
Jnoges.
332. The assistantindexe'r will be in chai'ge of circulation of
head notes submitted by various Law Reporters, viz" Editor,
Tnli~Hj I-l:1WReports, Madras Law, Journal, Ta,x Case Peporters,
Criminal Law Weekly and All India Reporter, etc. He will
m:.lil1'~aina, separate register for the purpose (in High Oourt Form!
~o. /[+0), '
,\

OOPDSTS.

Sitamp Co,pyists' Section.


3~5R, The Superintenc1ent will be responsible for tIle general
S!ll'cfvision of the seetion anc1for authenticating copies, for seeing
that all the registers are maint.ained properly, for tJle distribution
of eopv-stamps to the copyists for the c1iBtributionof work to the
examiners ilnd for the cusroc1yof unused stamps a,nll orIgmals:
1.gI1~7
:33~. The As~istant ~uperintendent, will generally aSSISl; the
Snpermtendent III all Important matters such as registering
applJCatlOns; preparatlOn of statements to be 13ubmitted to the
otJicers, etc., and he will be in charge of the section in the absenc~
of the Superintendent for short periods.
335. The Counter clerk will &it at the counter to receive stampe
and keep the A register with him. He will make the entries illl
the A register as specified below. Anyone who has to lllaii..~}~iP'
entry in the A register must go to' the counter and make it. '1'he •
clerk on receiving the papers (if necessary at fixed hours) can
endorse on the reverse of the first stamp the total number of stampa
deposited with date and the number of the copy '1pplication. If

he considers it necessary he can get the signa'ture of the Advocat..
or tIle ..\.dvocate's clerk depositing the stamp papers.
336. (a) A RegistC1'.-'1'he Superintendent is responsible for.
seeing thait. this register is properly kept-Bee Rule 7 of the
Copyists Rules aIt pa~ 141 of the Civil Rules of Practice &nd
Circular Orders (Volume I), 1941 Edition. 'T'he SuperinLendentl
must fill up columns 1 to 5. Columns 6, 7,8 and 9 rnudt be fIlled.
in by t,he Assistant Superintendent. The Counter clerk will fill ..
in columns 10, 11, ll-A 16, 17 and 18. The copyist receivIng th~
papers must fill. in columns 12 and 13 and the examiner who
receiveR the papers columns 14 and 15. The Advocate or his clerk • !

will fill up columns 19 and 20. When copies are sent by post,.
the Superintendent should fill in columns 16, 17 and 18 and initial
in column 20 as required by instruction 3 in the Register. The!
attender must not make any entries in this register.
(b) Instruction No. 6 to this register must be strictly It

followed to prevent any loss by misappropriation or otherwise.


1he l'Lbstract must be prepared daily by the ::lounter clerk and
must be initialled by the Superintendent in token of its correct-
ness. The register will be submitted to the Sub-Assistanii
Rcgistrn (Judicial), every Monday with t~e balilnce of copy
etarups ss shown on Saturd?oy and the Sub-ASSIstant RegIstrar WIn
check the correctness of the entry. On the first Satu!'day of every
month this verification will be done not. by the Suh-Assistant.
Reb'istnr but by the Assistant Registrar.
(r) The Superint~ndent will see that the last sentence on
B.ule 11 of the Copyists' Rule at pag"e 142 of the Civil Rules of
Practice and Circular Orders (Volume I) '(1941 edition) is followed ..
gg

He is personally ~esponsible for see~ng that all original papers antl


all caples not delrvered to the partIes as well as an stamp papers
noL used for copies are locked up at night. If the S~perintendent .
is not the last to leave the office, he must nominate ea;;11 day aJ
person who is responsible for locking the almirah. 'rho person sd
nominated will not .be allowed to delegate this responsibility; ~
anyone else. He must himself see that the almirah is locked.

337. (a) B Register.-This register will be kept in the manner:


il" which it. is intended to be kept and the copy fupp1icatiol1S can!
:be sent to the English Record-keeper, ~he Yernacular ltecord-keepal!
or the filing clerks as provided for under Hule 8 of the Copyists Rule~
at page 141 of the Civil Rules of Practice and Circular Orders,
Volume I, 1941 edition. But the English Record-keeper', the
Vernacular Record-keeper and the concerned filing clerks must
keep a note of the copy applications received by them, the da te
on which they receive them and the date on which the original~
are furnished to the Copyists' Department. This note may be
made in a rough manuscript book and its purpose is, for thElt
English Record-keeper, the V 6l1lacular Record-keeper and the
filing clerks, to watch what copy applications are with them. They
.will continue to initial in columns 4 and 7 of the 13 Register.
• Rule 12 of the Copyists' Rules at page 142 of the Civil Rules o~
Practice and Circular Orders (Volume I, 1941 Edition) will also be
obi~yed and the English Hecord-keeper, the Vernacular Hecord.
keeper and the filing clerks will then initial in column 9 of the
B Register.
II) A rough manuscript :book will also be ~naintained in
the Bench Clerks' Department and Curren1t. Section wherein will
be ndted the filing of C.D. applications then and there, soon after!
intimation by the Records Section Vernacular Record' or English
Record and the filing sections in the Judicial Department.

(c) 'IlIe Mane.ger, Bench Clerks' Department Rnd tEe


Superintendent, Current Section will see to the ('xpeditiou.
rlesptttch of such orders, etc., so as to make .available the paperov
for prompt compliance of copy applications pending jn the records
or Filing sections as the case may be.
159{7-7A
100

(d) If any origina.ls of which copies 'have been applied for,


are with Translators;, the Clerk who gave the 6riginals to the
:l'ranslator shall, without delay, send for the. originals, unless they:
are, at, the time, actually under translation.

(e) Any delay in furnishing originals to the. Snperintenll'ent


'of ('opyists will be severely dealt with. The Assi::;tant Superin.
tendent shall properly maintain the ' B ' register and see that all'
the originals are returned to the concerned sections when no longer •
requiredi• But when they 8(re required for complying with the.
copy applications received subsequently and pend~ng, then such
of the originals as are required for compliance shall be retained.

3a8. A register as in C.R. 51 (' D ' Register of Copyist esta-


bli!"hment) with neces,sary modifications will bf3 maintained by tl,c
Assistan't Superintendent of Copyists in order fa facilitate calcula.-
tion of remuneration to Copyists. .

339. Stamp Copyists will maintain their work statements in


High Court Form No. 190-F.

340. A daily st,atemen+;in C.R. 53 (Register ot Examiners).


will be maintllined by eaoh Examir;er in 1h6 Sbmp Copy .sootion. ••
341 (a) Srateriumt ' E' of thl Copyist Establi"hment of the
High Court will be prep'1red 1'lnd submitted to the Registrar by
tile 20th of ench month .

. The following sections will see that the partioulars required •


from theil' ,eotions for tJ1d pr~vious month are furnished to the
. .
Superintendt>nt, Stamp Copy by tha 10th of the CU"rcnt month.
f
1. Appeal Examillers' ::)ection.. Lata relating to the receipt
(~f fee. .on applicl1tiono, ..
et.c., cludnq the previous
month.

2. Current Section Particulars tela'ing to F"lio


charges for oarbon copies,
post,age incurrod, etc.,
. , during; the previous
mOli1 h.
IOl

3. Original Sid, Dah wfj"trding Folio chargcs


ill re",p.,ct (.f ca~e. on the
Original .~ide typed in
Stamp Copy Section,
during the pl'ev:ous
month.

. . Stati nery Section Particulars as t) the supply


• of St,ationery articles such
as paper, ribb"ns . carbon
~heets, etc, made to 1 he
Stam p Copy Section
during the pr('vious
month.

.J Accounts Section Proforma details as to the


Establishment chargei of
Copyilt es; ablishment
(after ta.king into a.ocount
the remuneration bill of
the Copyists a<J well) for
t he previous month.

(b>' The Superintendent, Stamp Copy Section, will wjthin


a week thereafter, prepare and submit the "E' statement relating
to the previous month through .the Sub-Assistant Registrar,
Appellate Side, so as 10 reach the Registrar by the 20th of th~
~Ulrent month .
••
~c) Failure to submit the statement abovesaid will be taken
serIOUSnotice of. .
\HighCourt's P. Dis. 84/71, detod 18:.h Fob. 1971.)

3:t2. In the case of defective applications, Note III (c) t() Rule
128 Copyist Rules at page 135 of the Civil Hules of Practice and!
Circular Orders, Volume I, 1941 edition, must be obeyed. A time
. limit must be fixed in every case.

S43. After copy applications are complied with they should' be


sent to the Record-keeper for filing with the <tppeal or noceeding~
papertl and destroyed in due course after three yerm, in accorda.nce
102

with Appendix C to the rules for destruction of records in


Appendix III of the Appellate Side Rules. Copy application~
WhICh have been complied with should not be kept in the
Copyists' Department, but sent up at once ~o Ghe Record-ke")per
for filing with the case bundle.

344. (a) The Superintendent of Copyists Department should


comply with copy applications in the strict order of receipt.
Applications for the grant of copies urgently must be presented •
on t.he Appelhte Side, to the, Assistant Registrar, Appellate Side,
stamped with a Court fee of R"s. 2 under Artide 5 of Schedule II
to the Conn l<'ees Act, 1955 (Madras Act XIV of H155).

(b) Copy applications On the Original Side should also be


dealt with in the strict order of receipt unless the First Assistant'
Hegistrar (Original Side), on an oral or a written application from
tlJC party, directs that a copy application should be given preference.

, 3)5. The Superintendent, of Copybts will submit every Monday


t.o ti18 Deputy Registrar through the Sub-Assistant Registrar-
(Judicial), a statement ~n the form given below :-
Statement of pendency of applications for copies for the ueek
ending day of 19 •
Pending for more ""'bJ)
C I':
than.
r----.A.- ---. 00]
'>,
<6 CD
"dp.
00
~
Application. .!<I ..ci .~1':"'"C
gs:;;
..!:.i '"
.!<I CD
"'I':
" ••
CD
CD
CD
CD
CI)
t;: 0
1':"d<6
~o
00 . .-1 ]J•.. .
t;: t;: CD S :$<l)'a <6
CD
<::
0
~ •..
CD

.a gJ ,~,.c; ~
~..p e
CD
0 Eo; E-l 0 A P:<
(1) (2) (3) (4) (5) (6) (7)
. !. With the Fnglish Record-
keeper.
(a) Decrees, ftC., under

(b)
preparation.
Otht'r Originals.
r
2. 'VVith Vernacular Record.
keeper.
3. With ot~ler Clerks.
103

Pending for more 't! ~


than I1l >a
-------- >..:
til "
'tlo..

Application. .:" ~.Sd


'0"1
'n
,J,j .t<: .:~~ I1l

" " .9 o~ .t<:


~ ~ '" ~llg;
~ ~ "
1: gj :;l" ol
~
OJ
o 8 Eo< 0 A p:;
• (1) (2) (3) (4) (5) (6) (7)
4. With Superintendent-
(a) StaIDIls not called for.
(b) Stamps given for.
(0) Sta.mps not distributed.
5. \V lth Examinere .

.'Total

346. When Copyists or other employees of the High C01ir~ are


entrusted with the preparation of c0pies of originals, the work
must he done in the offICe. Original plans like othor records mus~
on no aecount be allowed to leave the office except, under the
\vritton orders of the Registrar.
317. The Stamp Copyist, before taking a ,~opy, s1l::Lllcount 1h6
number of words in the original document to be copied Ilnd llO:tt!
on rhe docket sheet t,he number of words contained therein in ink
and affix his initials with date.
348. While examining a copy, the examiner shall verify vhethel
the page on which the matter has heen (,'cpied is duly stllJmped.
R49. The counter clerk will distribute the work to the examiners
and 'Lake it back after the examrination is over. He will also prepare
tlte ready list.
350. All copies granted by the Superintenden t of 'copyists shaH
be, sealed with the seal of the High Court ..
351. When the Public Prosecutor a,pplies for cOT,ie"of Criminal
r,'cnrds, sl1ch copies should, flS a rule, he marle aD phin paper by
::'c'pyi;,ts employ.ed for the purpo!!e.
104

352. Stamp copyists will be eligible for their pay in the time
S0a]\3of pay for a minimum number of words to be copied every
Viouth. 'Besides they will be allowed extra remuneraioion at Euch
tate as !uay be fixed by the Government from time to time.
353. The Assistant Superintendent, Stamp Copy section will
!lee that the section is locked after all the Copyists jt,ave the section
ta(}h day and the Superintend~nt shall also check the same.

THANSLNrION AND PRTN'IING DEPAR'TMBN'I'.
354. (a) The Translation and Printing Department is subject
to the general supervision of the Sub-Assistant Begistrar (Judicial)
8.ud the Deputy Hegistrar.
(b) The Manager is responsible for the work of the .1epart--
J).ent heing performed punctually and efficiently. He will refe"
So the Sub-Assistant Registrar (Judicial) for orders any question of
,Oice practice not clearly provided for by the rules or any dl~parturr
from the customary routine of the departinent.
355. Separate file books will be kept- far Appeals, Second
Appeals and Miscellaneous Cases, etc.
356. (a)" A register of apPeals to the Supreme Court from decreeS!
:Lno.orders of the High Court will be maintained in the forr.l pres-
..
'cribed for the purpose.
(b) A register for Supreme Court Petitions will also Ix)
maintained. .
gfji. 8tatement showing the pendency of Translation ~nd
Printing applications with the Billing Clerk tor the week ending
day of l}r
Ponding for moro t,l'an
AppliO&tions. r-----..A.. ~ Hema.rks.
Two One
w'.' oks. mont.h.
(1) (2) (3)

I. After receipt of reference:


I

(a) Awaiting pmtions to be


pointed out
(h) Awaiting billing:
Pleadings
Documents
105

2. After payment'-:""
(a) Awaiting distribution to
translator or copyists
copyist
(b) Uuder translation or
press copy
..
~: After translation-
Awaiting transmission to
Press Copy

.1. After transmission to J>ress


Or to Press copy-
Awaiting prepara.tion of
typed sets

5. After transmission to press-


Awaiting printing

A statement in the sbove form tide also High Court Foml


'. No. 175 (b) will be prepared on the last
and submitted to the Dep~ty Registrar
working day of each week
every Monday or the nex~
working day if Monda.y happens to be a. holiday.'

:~58.A weekly statement showing the pendency of translation


and printing applications with the referenceI' in High Court :Fonn.
No. 175 (c) will be prepared! on the last working day of each weeki
and 8ubmitted to the Deputy Registrar on MOliday or the next
.. working (Jay as. the case may be. (Vide High CQurt's H. Dis .
No. 84 of 1.948 3nd P. Dis. No. 1023 of 1958).

S59. A weekly statement showing the amount of work done by


eaeb transiatorshall be submitted~.to the Deputy Registrar by the
Manager every Monday or on the next working day if Mond&y
happens to be a holiday. .
,
360. Before office books, etc., are given to .the office ..lJjnde:d
fo!' hinding, a proper estimate must be submitted for sanction of
the Deputy' Registra.r through the Manager, Translation and!
lOt)

!Printing Department. The materials pu:r;chased by the binder


in accordance with t.he estimate must: be shown to the Manager,
Trall:,lation and Printing Department before they ftre used.

361. The Manager should take note of the non-production of


:security in cases in which security has been ordered and stop
translation and printing.

362. Chalans in cases specially posted should be speciaJly
tl'ea{0d and issued without delay. No case will be returned as
rea<1yin the '.rranslation and Printing department till 1he Mall:1ger
has checked and apportioned the printingcharges between the
.•
appellant and respondent.

363. The Manager or in his absence, the Superintendent of


translators will be responsible for seeing that no suitor. Advocate' So
derk Or other person, enters the translators' room, fir holds any
communication whatever with any of the transla.tors during office
hours.

364. Care .must be taken to give the press due and 8'afficien~
.notice when any printing- work has to be done urgently.
,
365. The Translation and Printing Department will sell the
.following printed fo~ms at the rates that may be fixed from time to
time:
Lodgment schedule forms-Appellate Side.
Lodgment schedule forms~Origin~1 Side.
Copy" application forms.
Translation and printing ~pplication.
0riginai Side appeal notiCe forms.
Batta forms. ""
Guardian notice forms in vernaGular.
Form of receipt showing Court-fee paid-Appellate Side.
Form of receiPt" showing Court-fee paid-:-Original Side.
Rent chalan form.
107

066. When ~pplication is made for. spare copies of lJrintedi


papers on paper charge, Manager, Translation i1nd Printing,
Department, is authorised to comply with the application provided!
r,hat each party in the caSe has already purchased one copy of the
papers on full charge and ~hat the number of copies required aOeB).I0~
exceed the number of practitioners engaged for the party requiring
spare copies. In all O'ther ca,ses, he will obtain the orders o! :the;
• Deputy Registrar .

367. In addition to transmitting every day duplicate chaJans


after noting payments made, the Accounts Section shall alsO'entel:'
a.ll final chalan payments relating to the Translation and Prjnting
Department received each day in an authorised: register opened)
.far the purpose with columns as shown below, and named
"T. & P. Ohalan Payments Hegister" and transmit this also to
the Translation and Printing Department. The Head Accountant
shrrl! verify the entries therein and after'duly vouching for their
authenticity shall send' the register each day before noon to the
~['ranslation and Printing Department where the T. & P. Head
c:erk will compare and check the entries in the new registers, with;
the entries already made in T. & P. Sales Registers by the cancerned
derk. Further, when the Advocates produce the duplicate ehalanB
issued by the Accounts Department, the entries will again be
verified in the respective registers in the Tram,lation ,mQ.Printing
Department. The Head Olerk of the T'ranslation and Printing
Department sl~ould also certify to the Manager every day, the fact
,of bis having so compared and che~ked It,heentries. Only on th~
basis af payments so verified, shall priJJtedjtyped pa.pe1sbe issued to
Advocates and their registered Olerks. The Advocates 0'1' their'
-clerks must alsO'be required to produce a capy af the receipt;ssued
by the Head Accauntant, far inspect ian by the printed papers clerk
befare taking delivery of the printed papers. In cases af speda]
urgency the Advacates ,concerned may get a capy af the receipt
vouched urgently by the Head Accountant after abtaining arders of
the Deputy Registrar therefar and may take delivery on praduetialJ
,of the said receipt. The printed papers clerk shall not issue papers
to' a.nyone whO'£ailsta praduce such receipts far the payments made.

368. (a) Similar autharised registers with columns asr::hown


l)elow and named "rr. & P. Bill Payment Registers" shall be
-opened by the Accounts Department for entering payments on
loa
1'. & P .. bills. issued after estimates are made and these registers
after venficatIOn and check by the Head Accountant shall be iii'anS-
mitced to the rl'ranslation and Printing Department for noting eVf)l'Y
weekor twice a week as occasion may demand. The Superintendent:
of Translators, 'l'ranslation and Printing Department shall check
all-the file book entries made by the concerned clerks of payments
with the ,entries in this register as. sOon as possible andi vouch his
having done 00 by initialling the entries. He shall 'also certify tQ
the J\Ianager of his having done so. This certificate and the one •
relating to the verification and checking of the chalan payments bi
the Head Clerk can be made in a,note book to be maintained for the
purpose. They shall be submitted to the Manager, Translation and) •
Printing Department every day as regards chalan paymenLs and
periodically as occasion demand~ in the case of bill payments.
(b) With the exception of the current TolutIies of ihe neW!,
register referred to above all the back volumes shall be in the custody
of the Manager, Translation and Printing Department, and he will
be held responsible for- the safe custody of these registers.

369. The Superintendent of Translators shall verify the accountfi


:in all disposed of cases, and it shall be his duty to certify that the
printing and translation charges have been properly levied according
to rules, thj1t accounts have' been properly cki5ed in all cases and
refund and arrear orders are correctly iRsued. The disposal clerk,
when closing the accounts of a case, and the Superintendent of
transhtors when counter-checking, shall verify if all payments by
way of bills, chalans, etc., and other payments noted in the ssJes
register are supported by payments as noted in the new registers.
c
370. Every month 8! Bench Clerk shall be deputed for the pur-
uose or'test-checking the accounts of th,e printed/typed papers.
He shall not only see that in selected cases all the copies rece;,ved
from the press are properly accounted for but also see that in about
tweIlty disposed of cases selected at :random, charges have been
properly -levied and accounts properly closed. He shall also verify
if the payment,s relating to those cases and noted in the translation
anti Printing Registers are covered by actual pavment::; as noted
in the original Day' Books of the Accounts Department.
109
T. & P. CHAr.AN PAYMENTS REGISTEn.

Date of payment.

.,;
• ~
S'"
~'"
(1) ('1)

,. T. & P. BILL PAYMENTS REGISTER.

•.. ..,
Ie
<"
0 d
m
.t til '"
S
':;l
Id
,;
• bO

~
m
«l
.8~
0:
"f.
~x5'S
,01
0
~
.., '0-
" "',D ,D
'0 S'
ll) ll)
.Date of payment. ' ..l:l 0- .tJ
~2d ......, .... ce
';a
:;l'
dP;

"'8
ll)
•.. 0 0 S0 0-
.., m.., I oj
ll) :;l ~o-'O ,;..:
-Eo
ll)
,D ll) <Ii
..l:l
~
d
P g'~. ~ r.:c •..
~.g ~ El~ •.. 0
gel .~ 'E'"
ce '"
" Z Z
Q
iJ::I ~ < E-i c:q
'"
(1) (2) (3) (4) (0) (6) (7) (8;
Rs.

371. The accounts must be regularly kept and all transactions


recorded therein immediately after they qccur so that the amount
paid ill 'by eacl1 party, the amount of charges in~urred, and the
amlltJntfbr"~hi&h he has received pn~ted/typeJ pa.pers., in each
appeal 'or petition ma.y alway,; he readily asc.:crtainabl-e avoid to
Uo

delay in selling papers or calling for fmther deposit::>or taking costs.


On a case being disposed of, the account will be closed immedIately
and a return bill or a memorandum calling upon the advocate tOi
pay <thearrears, if any, will be issued. In making the entries ir:4
the ledger, the clerk in charge will also test the correctness of the;
figures he enters!. '
372. Refunds will be made only m cases finally disposed (,f.
The posting section will daily send the duplicate cause list of lihe
cases disposed of on the previous day to the Manager, Transla'tion: •
and Printing Depal'tment, who will prepare the refund orders and
send them on to the Accounts Department for further action~

373. It will also be the duty of the Manager, 'llranslation and


Printing Department, to prepare every month a list of arrears due
h)' the Advocates in respect of the cases finally disposed of and
submit it to the Deputy Registrar. For this purpose a statement
of account in form High Court No. 722 shall be ma,intainect.by
the refund clerk which will be checked by the Manager, 'I'ransbtion
and Printing Department, as and when arrear memos are issued and
by the Deputy Registrar once a month along with the arrears list. ••

TRANSLATORS.

374. The Superintendent of Translators will distribute tlIl10ngthe



translators pleadings, documents and other papers required to be
translated. Old and difftcult documents will be distributed to senior
and experienced 1ranslators. No translator is to ~e supplied work
at one time with more than he can execute in two days.
I •
375. The Superintendent of Translators shall have custody of
the confidential papers sent for tran"lation and copying until they
are sent back to the respective departments.
376. The Superintendent of Translators will help the translators
in difficult cases and check the work turned out by them. He .•••. ill
bring to the notice of the Deputy Registrar any bad work the
{)f

translators. He will see that transla.rors do not postpone allY work.


377. As a genPTalrule a t.ranslator must do all his work himself,
He may consult the Superintendent iA Translators or in some caseS
(with the latter's permission) andther translator. But in no cases
~ r arty or his Advocate is to be coTJ~ultedas t') I,he translation.
III

Translators are not. on any account to take out of the office any
papers given to them for translation. Any transgressIOn of this,
order will be severely dealt with.

378. A translator is expected to translate not less than nine


pages per day. However on Saturdays a translator should do at.
least six pages, newly appointed or inexperienced translators may
be permitted to translate, initially for a few months, eight pages
per day.

379. Ea,ch translator shall affix his name to hIS tra-nslations.

• 380. As soon as translations have been made and after ('.hec14


by the Superintendent of 'l'ranslators and duly certified all the
paperS' are to be returned to t,he distribution clerk.

381. 'rhe translation of a word of which the meaning is in dis-.


pute; or doubtful should be entered in the margin of the paper undel1
the head" 'rranslation " and should be initialled by Lhe Lranslator.~
AU, translators are also warned against explaining word's. They
must in no caSe do more than strictly translate.
B82. All papers translated and typed or printed should be sucH
as to coq-espand with the originals as nearly as possible. The,
• relative positions of the differellt, portions of the original dOcullle~ts
(signatures, etc.), should be maintained in the printed or typed:
paper as the case may be.
:383.. Vilhen registered documents ~1retranshted and printed"!
• typed the registration endorsements should also be translated and
printeil;typedl except when the parties specifically ask for them to!
he omitted.

384. The formula of attestation signed by the authority hefore


whom an affidavit Or documents purporting to be an affidavit i!ll.
,"worn, must always be translated literally into English, if it happeni'
to be in vernacular. T'he entry "here enter attestation" or any
similar entry must not be made.

385. (a) '\¥hen Indian dates are used in documents translatecL


in the High Court tbe translators must give accura,te1.vthe ('nrr,;s-
ronding Englis11 da'teg from the Indian Epbemeris.
1 12 '-

(b) When documents are typed for the press the Examiners
and Headers in the Presl'? Copy Section will draw the attention of
the Press clerks by noting any Indian dates on the docket sheet of
each copy and the Press clerks will enter the corresponding English
dates from the Indian Ephemeris.

(c) If the English equivalents are in dispute, they need I,ot


be given.

386. A translator or Proof Examiner shall maintain a work



statement in the High Court Form No. 175.

387. No translator should be sent to the Interpreters' Seqtion •


without a written requisition from the Senior Interpreter and that
too, only when it is' found absolutely necessary.

Preparation of the records.

388. (a) 'I'lte following points will be borne in mind in the pre-
paration of the record :- '.
The index should not be prolix but should be as brief as is consis-
tent with clearness.

(b) There should be a heading (or each part of the imiex, e.g.,
Origmal Suit No. 12 of 19 , District Court, North Arcot. 'Ihi,,;
vall obviate the necessity of repeating {he number of the suit. etc.,
in describing each individual paper. If a "part" of the index
extends over the end of a page, the heading of the "part" should be
repeated at the top of the new page.

(c) Documents not filed as well a,S documents which have been
rejected should be excluded from the record. But if the printing
Or typing of any such pa per is specificallv aske::! for, the matter
'S}louia :nvariably be brought to the notice of the Hegistrar for orders.

889. The Head Clerk, Supreme Court section, 'lnd' his assistant",
D(',,'uaint themselves WI:;l the rubs HIl"! oroen WI1Jchbavp t'('('11
IlJllF-t
or mav be framed from time to time rela.ting to the preparation and
despatch of records to the Supreme Court. The Head Clerk will be
primarily responsi.ble for tbe proper working of the section and
will ~E'P thatlhere is no delay' in the rreparatio'l of Hie reco"n.s.
113

3\10. The certJiicate as to tne service of the pe'tition of appeal


un the respondents impleaded in the Civil appeal on the tile of the
Supreme Court shall be despatched to the Supreine Court as required
under Order XV, Hule 11 (iii) of the Supreme Court Rules •. ' '
3Ul. At the lop of the Dockets of Petitions relating to Sl).preme
Uourt matters, a red printed label "Supreme Court Urgent" shall
be affixed. , ...

392. All pleau.ings~vill be delivered to ~he pleadings clerk!


directly who will give acknowledgment therefor and. will have them
in custody in a separate almil'ah and be responsible for their print-
ing/ typing and safe return to the filing clerks, with stamp papers

complete in each case.
I'

393. The pleadings and press clerks will be held responsible,


fur the accurate selection ,<and printing/typing of aU the papers
required to make up the pleadings ,as defind by the rules in force,
and they should, for thi~ purpor;e, examine the records and ascer-
tain what papers are required.
.. 394. In every case the pleadings paper should be complete in,
itself, and any essential matter should not be omitted on the groun:]
that lt hal'; already been printed /typedl in some previous case.
395. '1'he preparation of typed or printed records for the use of
the CDlH'tsllall be in accordance with the provisions of Orders YIn
and 1.:\ of Appdlate Side Rules. '1'he preparation ::If :ceconls iJ~
Original Side Appeals shall be in accordance with Original Side
Hules to the extent necessary .
• 306, In copying the B Diary for the press, care should be taken
that tlw entries are properly aiTanged. It is possible that, for want
of space, some of the entries in the original' have not been made
immediatelY below one another. The more important items are
printed in 'the original and to make it easy to recognis~ t~ese ~t a
ciancI', in the printed/typed copy prepared here, s1.1ell ",t'admg5
:bould be got printed/typed in distindtive type.
397. The,issues shall be printedjtyped from theno.tes taken at
tIle "first hearing" and not simply extrflcted from the jud!!-
mellt. The issues will of course appear in the judgment as well.
The list of documents appended to the judgment will he, omitted.
ns the tRble of conh'ntsrenders itnnneeess:ny,

189/7-8
114
'. J ./

. ::Ph.: rI'l~e.cause, tit~e spould be pl:inted/typecf. in plaint, issues,


decree and judgment but need not be repeated in the wrjtten state-
ments, B DilJ;ry, finding, order, etc.

'~390. Whenever a judgment is printed/typed in the pleading~


paper, the following note should always be printed/typed :-
'" List of exhibits filed and witnesses examined in the suit (tide
table of ,contents appended to the documents)."

400. (a) 'Ehe table of conten'ts shall be in High Court Form


No.'479.
(b) The table of contents will be printed/typed along with
the other paperS! in the case. Should any further application fOl;
translation and printing be allowed, the table of contents must be
altered according~y. . '.
(0) The descriptions and dates of papers should be taken from
tlle G.lJcurrientsthemselves and no reliance should be pl;j,e8J.on the
list furnished by the parties, those ~ppended to the 10\ver Court's
judgment, or the dates appearing in the printed/typed rapers.
(d) In li'irst Appeals and Original Side Appeclls the table
should be based on the list attached to the judgment of the lowell
(;Ol.at but only those documents which are printed/typed will have
a page assigned to them. All other documents , that arc DOti
printed or typed, may be indicated by the wordft .' Not printed"
or "Not typed" against each of them in the -column relating to
page number.
(e) When any paper is omitted owing to the failure of the
party'to point out the portions 'required, the fact of such omis~ion

shall he noted in the table of contents.
r'W In the case of first. appe~lE\ ~nd Original Side appeals the
oOCUlilents to be typed should be ~n chronological order. 'rhe eral
evidence will be arranged ,according' to the rank of the witness accl
t.he evidence for each party. shall be grouped separately. In
printing/typi.ng dep6sitions, the! names and descriptions of parties
shouid be retained but such £orim:1 portions a$ the Judge's certificate
and ,signature should he omitted. .
(g) :r;n the printing/typing ,of pleadings, the pape:-6 shall be
arrauged in chronological order except in the case of wntten state-
ments which will be arranged according to the :rank of the
defendants in the Court of first jnstance.
lUi

(It) When portions are pointed out, care should be taken to


see thwt, "head~ngs", etc., are inserted in the proper plwes 60
as to make the portions selected intelligible.

401. If copies of decrees and judgments filed WIth appeals ana


petitions differ as to date of judgment, the cases should not be
returned to the party presenting them on this ground alone, bub
a note of the discrepancy should be made at the head of the petition
docket and the cases filed. On receipt of the records from loweI1
Courts, the pleading clerk shall de-liver the E.B. wrt-h the Qriginal~
of the decree and judgment to the Appeal Examiners, for thel
'. '
necessary action being taken.

402. If, ill a j I1dgment, :dep('f:;itionor other 1'ecordin E!lg1ish


which has to be printed, words written in the vernacular occur,
the words in the vernacular as also their translation should be
printed. If the meaning of such word is discussed in the judgment,
the translations of the word should not be given. Vernacular and
foreign words found transliterated in the record should be printed:
in italics and therefore underlined by the press copyists.

403~!In cases where there has been a remand to the Court ot


first instance from the lower Appellate Court, the record of procee-
dings prior to remand should be treated as part of the pleadings.
But if they ha.ve a.lready been printed in a previous appeal, and i!
copies of the printed paper in that appeal are available for the
J'udges and the parties, they need not be printed! aga.in.
"
404. In all cases posted in the admission Court for order.; as to
translation and printing, a, note must be made 11.8 to the stage
••
a,t which the case has reached, i.e., whether ready, Or not ready,
and if not ready how fa.r preparation has progressed.

405. Appeals from the Original Side and 'under special enact-
ments, e.g., Rent Recovery Act, Succession and Probate Acts,
Guardian and Wards Act and Land Acquisition Act, etc., shall be
given preference in preparation over ordinary a.ppeals. In other
cases, the preparation shall be inihe order of payment unless the
Deputy Registrltr, in any special case or class of cases, finds it
neressarv to advance the preparation.
189/'7-8-~
116

406. 'rhe preparation' of. the r~~ord8 in ~~p~als a"ainst ord:ers..


passed under Section 103 . of th,e Pre&idencyTown: Insolvtllcy
Act III of 1909, should be expedited as in the case of Criminal
Appeals.
407. In prepftring the estinmte care should be taken, as far 3Sj
lllliYbe, to avoid refunds Or eol1ection of excess cost. The inllexes
..which ?annot be ,fully estimated before hand will invariably entaiL ...
a further deposit. .A proper discretion should be used in each case.

408. The fact whether any party has not fully paid will be tested!
as usual with the cause list of eacb day and a report made, if
necessary, to the Registrar to exercise his powers under Rule 14
of Order VIn of the Appellate Side Rules.

Printing in Crirninal cases.


409. Records of evidence shall be printed/typed or cyclo-styled
at Btate cost in Referred 'rrials, in Appeals Aga,inst Acquittal on ••
a capital charge, in Revision Petitions and cases taken up for:
..enhancement of sentence to death; and also in Criminal Appeals
where the accused is represented by an Advocate. In all oth,er cases
filed in the Criminal Section, where the admitting J udg~ orders
notice, flv'e copies of the record shall be typed (on one side of the
~paper only) by the Press copy section. '1'hese copies will be
. aY!!.ilablefor the Court, the Public Prosecutor and Counsel for the
accused, if any. In jail appeals, where the Public Prosecutor
requires more than one additional set of papers and in cases where •
the Judge who admits the cases expressly directs that typed record
. win TlOlt ,spifIce ~n~ that printing is essential, the reco~ds shall be
pnnt,ed. In Cnnunal Appeals-Bench cases-where typed papers
~re -allowed, minimum of six copies of the records shall be typed.
In respect of RefeiTed 'rrials and Criminal Appeals involving life
imprinsol1l11ent,10 copies shall be got printed. If there is more than
one accused. one additional set for each additional accused shan be
taken. Any other cases in which typing appears>specially unsuitable
should be submitted to the Registrar for orders,
410. Translation and pvinting charges shall not be levied in res-
pect of copies of records supplied to the liaw OffiCf'l'Rof Government
in eases where the Government is a party but they shall be enterel1
in the account maintained for the purpose.
117

411. In Criminal Hevision Gases where the records are typed, a


cOP,Yof the charge in the case should always form part of the typed
records.
412. To avoid delay in the preparation of Criminal Cases, the
bills for pleadings and documents should be issued sim ultaneously.
V/htll there is a note in thefT. & P. application that" portlOllS win
he pointed out" , notice to point out portions should be given to the
Advocate as soon as the records are received. }'he originals in
English must bc given out, for oopY at the samo tillle a;; vernacular
. 1 v
papers are given for trans atIbn.
413. All classes of cases should be prepared simllltanrously, enses
being ordinarily tak~n in the order of file and payment both being
considered (as where many cases: are paid for at t.he same time).
414. The I.Jaw Re~rter will on requisition be furnished
; I withl
s11chof the 'prilltedjtyp'ed papei's as he requires. . ,.
415. '1'he printed papers sales clerk will maintain a book show-
ing the printed/typed papers received from the press in each clau oJ
Criminal Cases, the numbers being entered in their serial ord'er.
When the Public Prosecutor applies for. typed papers in Criminul
Case, the printed papers sales clerk should see that all the papersl
typed in the, case are furnished to him with proper acknowledgment
taken in the book.
416. 'When the appellant in a Criminal Appeal is unrepresented
and an Amicus Curiae is appointed, he may on application to, the
.. Registrar, be supplied with copies of the papers in the case, gratis .
.417. The Editor of the Madras T.Jaw Journal may have i'I typ~p'
copy of pleadings and judgment. after a case is finally rlisposed of,
on payment of necessary charges.

Cause Lists.
"

. 418. The printed cause lists of the several Be~ches on the Appel-
late Side will be delivered to the cause list conti actors an their pay-
ing (a tIlE' Accounts Department a. manthly subscription. in advance
i'lt"the rates that may be fixed from time to time far each set before
4-p.m. on the last working day of the previous l)'lo~~h. '
118

419. 'l'l1e printed cause lists intended for the use of the office
should, as soon as they are struck off, be handed over to the peon
at the "par..... .
VERNACULAR RECORD.
420. Every record in a Civil matter, shall on its receipt, be
entered by the Judicial tapal clerk in the distribution register andl
then delivered to the "Vernacular Hecord-keeper who shall initiar
the distribution register in token of receipt against the appropriate ..
entries..
'.'/'

421. The Assistant Record-keepel'lshaTr note the ease .number ,


the distrietb and the date of receipt in the record register and hand •
over the record to the record-checking clerk who shall fortli with
compare it with the list of papers sent therewith and fill up column:;
4 and 5 of the record register. If any paper entered in the 1is~
as senthas.not beeh,received or if any exhibit or deposition the
existence of which is clear on the face of the list or .ny JIiateri&~
paper (such as B diaries, original judgments and original decree
in second appeals) has not been sent and the omission is not
explained in the remad{S column of the lists, the record checking ..
clerk will at once have a draft put up by the Record-keeper calling
for the papers. When these papers or papers called for hy the
'l'tanslation Department or under orders of Court, are received, the
Hecord-checking clerk will examine them and the Assistant Record-
keeper will make a further entry in the columns (4) and (5) beloW:
the ori,ginal entrv. 'When the record of a case remitted for a find-
ing on' issues rec~ived back, the 'receipt shall be entered in red ink
below and in substitution of the original entry.
422. Requisitions for records must state the purpose for which
the records are wanted:" In the case of the Translation and
Copyists' departments, the mere transmission of the appli<la-
tions sha.ll be deemed a requisition. In all other cases, th~
re']uisition must be made by means of printed record slipa
ituly filled up. On receipt of a requisition for papers from,
itr;v department of the o$.ce, the Record-keeper or his assistant
~h~n:t.ake out from the record, the papers required ll.nd mark
~r•..'eacll of them iII- red ink the case number on the tile of the
Hi~h Court and in regard to requisitions from the translation
nepartment. shall enter the papf'TS in detail in record slip. This
"rip shall he signed in full bv the clerk who receive'! the papers
lln<1 shall be placed ;n the record file instead of the paperst&ken out.
119
!

1n the case of papers given to the copyists' department, the parti-


culars 8ha11be entered in High Court FOrm No. 661. In other-eases,
i.e., the requisitions made through the record slips they will them-
S:elve8be placed on file. In all cases of issue of'fecords an' ;mtry
must be made simultaneously in columns (6) and (7) A the Record
Register. (High Court No. 684). When the record comes back,
the slip shall be returned to the person returning the record as a
vouchell ahd' an 'eritty shall1be maGe' 'sifuult8int:!ously'1:n' the' appro}
priate col~n. The procedure prescribed in this rule must 'b~
6~rictly observed in the case of every pa.per given out of the record!
room. 'rhe Record Register will be maintained in the pres~nce of
the Record-keeper by the Assistant Record-keeper who will be
• responsible for noting therein the receipt, issue, returna,nd despatch!
of any record from the room. (Vide also High Court's Proceed'inge
No. 12/57, Forms Revision, dated~ 4th August 1958).
4'23. 'Ihe referencing clerks will work in the record room directly
uuder the Heconl.ket-per (subject to the supervision of the Managec .
'l'ranslation and Printing Department). They select requisite
papers to make up the pleadings as also such of "the papers aa are
.. applied for in the transla1tion and printing lists and lURke a note of
all the paI'ers so selected in a record. slil" ariti ina note book. This,
slip will be placed on record and the note book with the papers)
.. selected will be sent to the 'proper clerk in the Translation and
Printin"g Department;' who will' acknowledge receipt, thereof .and
return the note book to the referencing clerk; after the translation
3Jl:ll"wting/typing is over, the concelJined clerk in 'l'rnTl~l:1tion and!
Printing Departmept will enter such of the papers as he return:,;
to. the vernacnlar record in bi" note book mairitained for the purpose,
.. 'Thc J\ecord-keeper will not recognize return of papers to, anyone
but himself or his assistant. 'The referencers will first be employ-
ed in referencing tiranslation applications and it is only whenthej
have no work of that kind Ito do, that they can be employed on any
other work by the Manager, Translation and Printing Department.
They will mark (ill!red ink or blue pencil) on each paper taken ou~.
of the record the number of the High Court case t~ which it relatea
before sending it to the 'Translation and Printing Department, and'
will be responsible for arranging ana replacing on file tIle r~cord of
the case handled bv t,llem and £01' the correctnaas of the 'uapers
therein. They will' call for the pallers not on record or crd;red to
be called for on translat,ion applications and will attend to them on!
rrceipt. Reminder" should be sent if such records are not rE'ceivedi
promptly.
Ito

,4:2:1. 'rhe attenders in the Vernacular Record Section shQuld not


under any circumstances, be allowed to open any bundles of verna-
cular r0COl'US. :1'he Vernacular Hecord-keeper, the derk:; and the
attenders in the department are all wamed that any breach of this
rule will be severely punished, both the att€nder and the per3011,
for whom he is opening the bundle, being liable therefor. '1'he
Vern~ular Record~k~eper should report a.t once to the Deputy!
Hq~",:;tl'ar,any i,nfringement of the above Ol:der.. "
;. r
., ;

N"hh;l.i-There is no objeCvion to the &tte.lderil to teaching on to the list of


rna.teria.lq,)ll.per8.vouc\et's for pg,pers taken out of the record, if the bundles arc
so tied that thtl.\Tcan get at the list of material pa.pers for the purpose without
undoing- thll gtrillg which- tieg t!lo b'JI1dl,~ of recordg proper. .,

425. Whenever a change takes place in the office of Record-


keeper, the relieving officer shall take charge of every voucher or
register whichexpJains the absence of any paper received into thE'
record room; . ..,)}f

426. No paper or re~Ol'dshall be delivered by any member of the


staff to another without the acknowledgment of the latter being
taken in a book to be kept for the purpose. Each entry should be
vouched for: The practice of bracketing several ent.ries and writing •
one signature to apply to them all, is forbidden. 'rhe ~)fficer.,
receiving the paper or record before giving his acknowledgment,
shall examine the paper or record and satisfy himself as to it",
correctness. 1£ he omits so t{) examine and takes i!t on trust, he doe~
.so at his own risk and will be held responsible for any ,nissing sheet ••
or paper on the record and will be subject to such punishment as
the Registrar shall deem fit in tbe circumstances.

1Q7 .. l\ v clerk in whose custody' a paper ought to be by virtue


of his office or to whom it may have been given, will be relieved
f~om liabilitv to acconnt for it unless and until he shall have shown
Ratisfactoril; bv written vouchers that it has paRsed from him to
.nother cle~k. . .
r.- ,"'
.\ 428: When papers are sent to lower Courts on summonses or
letters ,the fact should be noted in the record register and when
they are received back, a similar note shoulil be made.
121

429. In sending back records 'to lower Courts in respect of cases


in which appeals are pending before this Court, grea.t care must be
taken that only those papers that are abaolutely required should be
sent, and that they tare returned sufficiently before the tune for
hearing of the appeals, etc., before the' High Oourt .
.J430. It will be the duty of the Vernacular Record.keeper to c~ll
for all original documents in 'the Translation and Printing Depart-
111entb~longing to cases which have become ready in that depaJ;t-
1I1ent according to the ready list as soon as they are ready "nd
have them filed with the a,ppropriate records.
431. The. Oourt clerks in the Vernacular record will alway 9
examine and have ready ,,,ith them the records in at least twenty
appeals and thirty second appeals in advance of the appeals or
second appeals being heard on any given date, and in all ready
miscellaneous cases.
432. 'The examination of the records in oases in the ready list
must not be postponed until such cases actually appear in the cause
list.
433. 'ro ensure the daily examination of records in advance
and that being done systematicaHy, the Chief Court clerk, verna-
cular records will maintain a personal register in the followin~
form and submit it. to the Manager, Translation a,nd Printing
r'cpartment daily through the Record-kerper. Vernacular Records.
Date of Number ann Whether record Remarks.
ExaminBt.ion. nature of' is in order f)r
the e6R.~. wha.t Pf>P"l'
• is missing.
,. (2) (1) (4)
I.. i

434.'l'he Ohief Court derk must every evening, a.s soon as the
lists are settled, deliver to the Manager, Bench clerks' department,
the records of cases posted for the next day, entered in ,a note-book
maintained for the purpose, and obtain his acknowledgment. in the
iaid note-book. The Manager, Bench clerks' department will be
responsible for the distribution of the records to the Bench clerks
concerned.
122

435. When records are to he returned to lower Courts the


\el'nucular l\ecorAkeeper will check such records with the index
rmcl sahsi); himself of their completeness'. Before sending 'records
60 checked to the, despatching clerk for despallch, the Vernacular
Hecord-keeper will tie them up with tape or string long way and
:in .su.:;h a way that the knot lies at the middle of tLe Lack of the
bundle. A strip of strong paper will then be placed round the
bundle sotha~ one end of the strip lies belowt!J.e krio~
refelTed to above and the other end above it. The two ends will)
then 1:..e gummed together so as to completely cover the kllot. At
the centre of each strip, the following direction will be print-ed-
" on receipt of this bundle in the lower Court, this strip of pap'u'
should be cut open along the adjoining line. The' con tents should

be eheckeJ and if incomplete, necessary action should be taken at
once and this strip preserved for reference. .. "

At the end of the strip which lies OVEH the knot, the following
~,ill be printed :,--

Records ill' .i1

Checked and found correct.



Date: Record-keeper.

436. The filing clerks in the Judicial department will receive ••


a!ld examine 'the T. & P. applications, make the requisite entries
in ihe Translation and rrinting department file book, note the
name of the district. from which the caSe arose and the number of
printed judgments :filed in each case and send the BIlgiish bundles
and the Translation and Printing Department application,:; to .the
respective Referencers in the Vernacular record. When applicatlonBl
are Yal5ue and defective they will return them to (,1'e Advocatesl
through the receivin'g section ullder the orders of l,he' Deputy
Registrar or Assistant, Registrar.

The referencers in the vernacular record after further scrutiny


will send the English hundles and Transla,tion nnd"Printing
department applications with the reference papers to the concerned
123

clerks in the 'l'rallslation and Printing Department for which the


latter will give acknowledgment. attend to billing and other .work
llJld finally return the records to the Vernacular record. Trsn8l~-
tion and Printing department applications which are defective
should under' no circumstances be I:eturned without a liluit of not
more than seven days being fixed for re-presentation after rectifying
the defects. A note must invariably be made in the Translation
llJ;ldPrintil.lg depa.rtment file books of the dates of return of de~ec.
tiy~ applications' a~d their representation. In the ('use uf applica-
tiODs already ent~ryd ~n ~he Tra~sla.t~on and J?rinting DepaitJ.nenti
fi~e l;u,01,.; these dates l~uSt be entered by Heferencel'::; .~u,t appli.-
c(l.ti0uiJreturned at the in~tial stage by the FIling Cieri'::i as vague
Ilnq innefinite must be entered in a note-book' and the Translation
anc Printing Department informed if they are not returned in time.

437. When Advocates or their clerks wish to point out portions


q~ documents to be pr~nted, that must be done in the presence of
the Manager, Translation and Printing departmen't. Each clerk
in the Translation department will be provided with a separaw
almirah with safe locks and will be III charge of the papers himse1f
Ilnd will be held responsib1e for their safe return to re{'ord. The
Vernacular papers in each case will be returned to record as soon as
the translation is over , and the English papers 8s BOon&s copying
is over, except where t.here are only a very few mixed papers in
a C36e, when all may be returned after the preparation is over. All
papers should' be returned directlv to the Heconl-keeper and to
nobody else. The voucher should b~ taken back from the Vernacular
•• Hecord-keeper .

438. T,;ists of additi9nal papers to be transloated and typed or


printe,d pres,ented with the memorandum of objections. under
l

Orner XJ J T, Rule 22 of the Civil Procedure Code. or within tbe


time aUowed for nutting in such ohjections. shall he r,eceived and
complied with without special orders.
,
The Prf'ss Copists' section shall be. unuer nil' immeqil!,ta
.13fJ.
control of the Superintendent of the seet-ion. '1'he Superintendent,
assisted by the Assistant Superintendent, will maintain the pres-
cribed registers properly and sp/'; that the work sent to the seetio!"
is done as fluickly all possible and correctly.
121:

4-10. The Superintendent, Press Copy Section will ~ttend to


11le receipt and distribution of records (originals) for typing, to the
Lopyists after making relevant entries in the registers concerned.
He will prepare weekly statements showing the pendency of
L:opyjng 'and examining work.
441. The Assistant Superintendent will, assist the Superinten-
oent ill sorting out the Givil and Crimilial plalls.}L'iore sending
them to Copyists for copying out the plans. He:will genel'lilly
assist the Superintendent in all important matters such as prepara-
tion of weekly statements to the Deputy Registrar and the Regis-
trar, calculation of copying or examining charges for typed papers!
filed by the Advoca.tes in all categories of ca.ses, :::lendingback alP •
the plans (Civil and Criminal) to the respective sections after copy-
ing, preparation of monthly remuneration bill of LIll) copyists etc.,
442.. "\iVhere original documents 'l'amil or English of which
pri::lt,ing Or typing is applied for, such copies will be made by the
Press Copyists and examined in the Press Copy Section. B~
copies when prepared shall he charged at such Date as may be
de~ermined by the Hon'ble Chief Justice from time to time.
443. In cases where 'fabular or A<:counts matter, chronologic~l
index, etc., are to be copied, extra remuneration will be paid to the
Copyists. They will be eligible for the extraremlineration be.d~
t~1Cirpay in the time scale for the prescribed minimum number of
words to be' copied each month. The payment of extra remunera-
tion to the Press Copyists, will be as admissible to other copyists'
a,tbched to Stamp Copy Section and will be d'eterrniried withrrfcr~
enCfl 10 thp, orders of Government from time to time.

444. Each Copyist in the Press Copy Section will maintain!
a register showing the daily out-turn of work, ahowing th~
particulars of case, number of pages typed and words copied for the'
da.y.
445. Similarly each set of Examiner and Reader will Inaintain
a daily statement of work showing the number of the cases, number
of words examined and the total out-turn for the day, also showing
the pendency of words, to he examined. !letthe end of eflch day.
446. The quantum of work for each set of Examiner and Reader
1l.ndthe Copyists will he flS fixed by the Registrar from time to
time. -
125

447. When the copyists feel any difficulty in deciphering any


manuscripts, the same should after consulting the Superintendent,
Press copy, be sent to the lower Court concerned and certified
copies obtained.
448. While preparing copies of the plans (Civil ,and Urimina1)
in the Press Oopy section, the plan charge will be assessed' by the
Assistan t B.egistrar.
'1I •
440. The examination of ~opies shall be made by the reader
reading the original or draft while the examiner examining the
• fair copy which shall be signed by both after the examination is!
over.
'150. The Superintendent, Press copy section and the Assistant
Superintendent will both or by turn see that the Press Copy section
is locked after all the copyists leave the sect.ion each day.

,
SHORTHAND WRITERS' SEOTION.

41H. The Manager, Shotthand-writers' section \vill in adddi-


,tiOHto his duties as confiden't,ial stenographer to the Honourable
the CIller JusLice will supervise and control the W01.'k of the
sectlOn. Application from Oourts for shorthand-writers should
;)(~sent to him ani! it will be his duty to arrange for the .equal
distribution of work among ~hem. The same shorthand-writers
• will normally work on the Original Side and it will be convenient
t.o send the same'shOTthand-writers as far as possible to the Fame
Judges. The Manager will a.lso be responsible for arranging tal
send shorthand-writers to Judges' residences on holidays and cut.
of Court hours, and in doing so, regard should be had to the resi-
dence of the shor't)1and-writer and the residence of the Judge.
\;Vhen all shorthan"d-writers are. engaged in Court and further
applications are received, the Manager will arrange to utilize t11e
services of these members in the office who have passed Shorthand)
Advanced or Higher Grade Examination. .
.. 452. Shorthand~writers :deputed' to Courts and residences of
Honourable Judges ,should submit the transcripts of the ~udgmenli9
:i1ll1 On]ers for the approval of the Honourable J.udge.~ withoutl
126

uudue delay. Priority should be given to all urgent Ord.ers in the


matter of submission of transcript. rl'hey should, as far as possible,
ue submitted for approval on tlie same day they are dictated. ,

453. (a) A Hand Book in the following ~orm will be maintained


in the Shorthand-Writers' Section. 'Ihis Dook is intenued only
for the bundles sent each dRy from the Shorthand-vVriters' SAction
afier circulation by the Administrdtive Department is oyer.
..;
<ll
,D
..:
<ll
E ,Q
Name of the J lidge I'litial of the
p
>:::
g for whom to bo circulation
D&to of return with
the iuitialM of tho

>:: circulated. peon. person receiving.
] <ll
...
<ll
UJ
<I
rn 0
(1) (2) (3) (4) (5)

"
(b) It will be the duty of the circulation
peon Ito go over to
tJie Shorth:h{d- Writers'Section "in the evening of eahl, working
day tv collect arid ensure that draft Judgments! or,lers prepared
by the Shorthand-Writers and intend.ed for circulation to the
Hesidence of Judges are promptly circulated. He will also sign,
the hand-book and see to the propel' circulation of such papers to
the Judges eonc~rned. When papers are received back from the
i'asid'eoces of the Jrtdges, that will'a.lso be 'promptly recorded in. the •
~aid hand-book.
(c) The Overseer, will issue specific and suitable inotructlOns
on the above lines to 'the circulation peon .

.104. Tile Manager, Shorthand-\Vriters' SectiOll 'will send to


. Hlf'various Departments or Sections the Judgments land Orders
received in the Section after approval by the Honourahle Judges
and get the acknowledgments therefor.

455. Every shorthand-writer shall maintain a work statement


in the form -given below. It will be checked by the Manager dailv
ClUJ submitted to the Deputy' Registrar once a week' on Saturaay~'.
.. • .,. • 4.

z
? ail~(l nU'nbOI.
!! 1 1 ~ Data.

i
II .
I
~
Cour.t
attended.
or reside-rlco'

i
~
Number.
pages.
of sh~rth.nd I.
t ~l ..

~ Duration.
ltrJ1
, is: I:

j I~
. ~
I~ ~. Case numb€ll'. ~ .. :E!.. m
~
.; D~to of .opy apPlicati~n. J .g
I
Number of .horthand
~
~
o. I:Il
o.
~.
o .e pages. ~ . >- g ~
g!.
.~ I ~. po
z
tj

,; Case n~be~. 1 ,I I Z' ~ I-'

ItJ
~ Case number.
II I~ .
~
~:
~
'I

If I
Number of ,M,t ••• d
~ pages. ~.'
U1
~Numb\)r.
~ pagel.
of
m.,thond o
I trJi !>;
~ Case number. ~:

3 Date ~f judgment.
t~
\I
I
~
.:!3
.Number of
manuscript
typed
pages.
~~I .
or].' ~ l~
I
::s
rn
g.
I I ~ .1 Z' I ~
fl~J
~.
! l
S Case number.
.; Remarks.
•.... Number of typed
I J ..!:: manuscript pages.
or
128

456. AllY Shorthand-'Writer who is habitually ill arrears y"iH


be treated as unfit for his work and will be transferred to less
cAactillg ,md less remunerative duties. ShorthallJ- \\ riters apply-
ing for leave of allY kind will be required to certify the number of
pages awaiting transcription and the date of the 01d3st case.

457. (a) If during the course of the hearing of a suit or matter


any party deroires that the evidence taken in Shonhand should be
transcribed immediately at his expense and thav copy thereof
snould be furnished to him, he SllOUldobtain the orders of the
presiding Judge and present ,all lll'gent copy application with an
extra fee of Rs. 2. The Bench Clerk will make all the application •
a note of the order of the Judge and return it for being filed in the
of.fi.ce.
(b) On deposit in the Accounts Section by the party or his
Advocate of the approximate charges fixed by the First Assistant
Registrar, in cash, the Manager, Original Side, will forthwith for-
ward the urgent copy ,application 'with the endorsement of the
order of the Judge to the Manager, Shorthand-Writers' 8ectioq
who will arrange to have the notes of evidence 1rrmscribec1 very
nrgently. One original and as many carbon copies as are required
"hal! Le 'prepared rmel sent to the Original Side: the Shorthand-
Writer shall not deliver them direct t.o the parties. Copying
charges at the prescribed rates per folio of 175 words shall be paid
in SlUmps and necessary transcript charges shall be paid in cash,
as Jaid down. in rule 13 (5) of Order XVII of the Original Siele Hules.
ll);')h. 'I'he nnmher of folios at 175 word" per folio al:d iJle exar~,
CI1Jl'g,., '.v;11 he calculated and noted on the original. •
(c) rrhe party or his Advocate will then pay the sum necessary
to rnak,,; u]) the amount so ascertained and receive the copy or
c()r~e,! dlJl/ certified. The Shorthad-'\V'riter will, out of the sumJ
deposited as afor~said, be paid at the rate prescribed per folio and:
the balance, if any, will be refunded to the party.
(d) The shorthand-writers concerned shall a/tend to the
urgi'lll "ork of preparing such transcript of ShorthanJ notes of
pvidence without detriment to their ofiicial dnties. After thp, ('()1);PS
are made ready and delivered to the parties, ~bev shall apply- for
r8"m"~11 through the First Assistant Registrar, ()rigi:181 ~itle. to
,tJIP Registrar, who wi]] obtain the orders of the Honollra ble the
129

Chief Justice permitting the;m to receive such remuneration. While


forwarding such an application f.or payment of t:emuneration, • the
~1anager, Shortha:nd;"writers' section, shall certify thereon tha~
the urgent transcript work for which remuneration is claimed w.alJ
done without detriment :to the normal work lIossigned to the
shorthand-writer.!]'" "

4.58. If an application for a copy of the evidence taken In


Shorthand is received in a suit or matter the trial' or hearing' oC
which has concluded, the shorthand-writer concerned shall forth-
with proceed to tr,anscribe the notes of evidence talmo by him and
• he shall not ordinarily delay the transcription beyond a period of
15 days .. If, however, the notes of evidence are so voluminous that
the k<l,Ill:lCriptlOn
cannot be completed within that period. the Firs~
Assisl1wt Hegistrar, Original Side, may grant such further time 88
he may consider necessary. .

i~59. The shorthand note of the oral evidence taken in anYi


proceeding on the Original Side should be in the form of questions
and answers in the proper sequence.

460. Whenever documents are put to witnesses or referred to


"

by them during the course of their examination, shorthand-writer~


sha.ll record the exhibit numbers in the shorthallll note and re-
produce the same correctly in their trsnscript.

461. (a) When a judgment is only partly delivered at the time


• when the Court rises for the day, the shorthand-wdter muSq
hll.vethe tr,anscript ready before the Court sits again next morning,
so tha.t the Judge can refer to the earlier part of the judgment while
dicta.ting the bitter p",rt.
:b) Where however the portion d'1rected happens tc be long,
the ,shorthand-writer msy obtain the permission of the Honourable
J ud~e for transcribing the last portion alone.

,t62. (a) Shorthand-writers and Bench clerks or otber member~


who :J.l'erequired to attend at the residence of t.he Honourable
Judges should travel by bus ~herever ther,e is bus route and if the
flistance if' not short a,nd,not also covered by the bu:!. rl)ute, the
c11eapest,C(lnvey~nce "ui1able should be engaged.
110/7-9
130

'... ,(b) A member at the establishment who claims carriage hire


for 8.i>tendanceat the residen~e. of any of the Honourable Judges.
must produce before the Registrar a reoeipt for the actual amount
paid in the printed form provided for the purpose in the office:
.'rhis receipt must. be clearly filled in, 80 as to show the date and!
the hours between which the member attended at' bheresidence in
question, and must bear the initials of
the Judges or ofticera in 'token
()f its genuineness. In the absence of such a receipt, claims fol'
carriage hire will be disallowed.
..
BILL FOR C'ARRIAGE. HIRE PAID FOR GOING TO THE II.1JSIDEll'OE
OF THE HONOURABLE MR. JUSTICE.
Date of Purpose. Time spent at Charges Remarks.
journey. Judges cl"imed.
reBidenc<,.
(1) (2) (8) (4) (15)

"
From
To
Initia.ls of the Judi_ and date
I hereby oftrtify tl:a,t the charges ola.imed do not @xceed the
ult'actu.Uy incurred and th •.t th. cOluey&noe used W41l

Pa ••• d forp&yment of.

8ip.tllr •• f otaimf\nt.

.I
CODtl.'nt. receifO(i;
Sl,t\dure of.the ela.J.allant.
f.":; Jt
131

(c) lilly member of the staff who charges more for cu.rrjll.
hire than he has actually spent will be very seriously dealt with~
(d) The bill for carriage hire should be submitted ito jhe Rep
trar through the head of the dep3rtment concerned.
(e) The form will be suitably adopted and used when :me)nber!
of the establishment goes to the residence of the Registrar or
other officer or to any other office or place as directed.

463. Shorthand-writers should. maintain the typewriters in


good condition by cleaning and oiling it at regular intervals. '1'hey
should also maintain the machine card in respect of the mnchillEl!I
under their charge uptodaite. Any defect in the machine noticed,
should be promptly brought to the notice of the stationery' sectioD!
for .necessary further action.

BENCH CLEHKS' DEPARTMEN'l'.


464 .. (a) '1'he Bench clerks' department will be under ~h~
control of the Manager, Bench Clerks' Department, su!ljrct to the
general control of the Sub-Assistant Registrar (Judicial), Assistanll
Registrar and Deputy Registrar.
(b' '1'he Manager will be responsible for the purlctnal and
efficient performance of the work of the department. He will refer
to the Sub-Assistant Registrar (Judicial) or Deputy Registrar for
orders any question of officepractice not clearly provided for by the
rules or any departure from the customary TORtinaof the depart-
ment.
(c) The Manager will arrange for the posting ~f Bench clerk~
to the various Courts.
465. When necessary, the services of tran~latorfl may be
utilized under the orders of. the Deputy Registrar to examine leB~
imporiant cases such as short appeals or second appeals and shorb
Criminal cases or in urgent cases-Civil or Criminal but translalor9
i'lhould not be posted for Court work. .

466. Copies of all Full Bench Judgments in caseS! on the Appel-


.late, Side sllall be circulated' bytl10 Manager. to the Honourable
lTuila€snot
..
forming t,he'
.' full Bench-8eniormost
.
first.
18G/'-9.J..
132
_. '. .
, 4G7. A spare copy of every judgment and final order in an
appeal from the decision of a single Judge will be submitted to that
.Judge' f6r information.

468. In cases in which two Judge~ differ on ,any point and refer
the rmitterto a third Judge, the judgment of the third Judge should
be circulated to the differing Judges for their perusal and informa.-
tion.

Judgment drafting. ••
.169. (a) As soon as cases disposed Of are received, from Courts,
by thedigtribution clerk in the Bench clerks' department, he will
before distributing them to the judgment draf~er8 invaria.bly
examine the papers with the index of each caSe and nota with his
initials on the docket sheet of the English bundle that the papers
including Judges' printed papers, autograph judgments, etc., are
'correct. If any paper or papers be miooing he will at once bring
the fact to the noti?e of the Manager.
(b) The Manager will direct steps to be taken for tracing out
the missing papers if :1nyand cause them to be kaced.

4.70. Except Crirrninal papers or papers marked ai; emergent,


work in the Bench clerks' department, should be taken up andl
'disposed of in the order in which it reaches the office and by each
'draft-er in the order in which it reaches him. BUt the judgments
or orders 'Of earlier dates, though received late in the section,
,should be given preference:
,0:

Bench Clerks.
471. Eve~y Bench cle,rk shall majn:t:a.ina,: work statement in
,the i~reseribedfol'm. and enter in it, the cases ri)ceived by him in)
the order of receipt. The various columI;ls in the register shall be
filled up properly and completely at every stage. The statement
5hall be submitted tq the Deputy Registrar ~hr~ugh.t,he ~~llJnager!
. every Monday. At the time of ,submission tlJe halance of work
. remaining with the Bench clerk with r~a.80ns for pendency
delay in each case sha.ll be shown sepsrstely. .
or
13S

4'i2. Bench clerks on duty in Court must make themselves


acquainted with the cases in their charge before hl1nd: They shan
verify whether respondents have been served with notices. TheY;
lllust be familiar with the Acts, Rules and the 'othe~ books in tb.~
Court library and be ready to band over to the Judges books of
reference promptly. They are expected to assist the Court in
translating documents if 80 required at the time of the hearing'9~
tI, , a. case. Normally they should send for an Interpreter or Itranslator
only if the dbcument is in a,bnguage which they do not know.

;1-73. Bench clerks in charge of Criminal cases are to read the


• ,petitions and notices, etc .• in the case before circulation and the
papers will be given to them by the concerned section for the pur-
pose.
474. (6) Bench clerks in Court should see that material objects
in Criminal cases are obltained, kept and are.availahle for inspectioDi
hy the Court before a C3,seis taken up for hearing, and for this
purpose they should send requisition slipS! .to the head of the
section concerned sufficiently early to enable their being sent up in
time to Court. Any delay in getting the material objects after
issue of such slips should be bronght at once to the 1l0LIceof th6
Sub-Assistant Registrar (Judicial)".
(b) As soon as the hearing of a Criminal case is over,
the Bench clerk shall return the material objects, if any, receivedj
by him to the' section from where he received them with a note
:regarding the hearing of the case being over, and. get ba,ck the slip
• issued by him lor gettip.g the material objects.
475. Bench clerks will bring tJo the notice of the Court, peti-
tions or other connected matters posted with the case.

,176. All errors and mistakes In translation or printing/typing!


noticed by the Judges or the Bench Gierks during the bearing of,
cases must be reporled at once by the Bench Clerk concerned to
the Sub-Assistant Regist.rar (Judicial) who will inquire into the
lUn tt€r, fix t.he responsihility for the error at; mistalte ana report

.to t~le R~gistrar through the Deputy Regi,stTarfor "rdel'!.

J77. Bench clerkR must see that no unpnnchel1 stamps He tcil


be fonnd in records passing .thrOlJghtheir bands.
134

478. Bench clerks will in turn (Mch for 8>week a.t a time),
,it.y late and check with the posting clerk the proofs of the dally
cause' liSt a,nd see~tha,t the .lists &nd the printed papers 9')'e duly
circulated to tIle Honoumble Judges,'
479, .Whenever an appeal or petition is posted for disrnisaalfor
def.\u]t; or foi' enlargement of time, a brief note showing the dates'
on which the various steps in tlle matter should haye been taken
by the pa,rty concerned and the facts in regard to <any allegation,
against the office, should be prepared by the ooetion concerned for
the informa.tion of the Court, '1'he note should not be circulated .•
.to the Judges but should be ta-ken to Court by the Bench Clerk
snd submitted to the Registrar Or Deputy Registrar, jf present.
,i80, Bench clerks must make themselves thoroughly acquainted
with the reasons for dellay in the posting of oases in their charge
&nd must be a.ble to lexplain 1I1I such delays Itt the tjme Dfthe
he&ring of the clltses.
481. In c&ses in which pa.rties intend to m8>keapplications to
Court personally, the Bench clerks should no~ allow them to be
made in .Court unless either they receive instructions from the
Sub. Assistant Registrar (Judicial), direct.to thst effect, or they
have otherwise satisfied themselves that all the papers cOllIlected
..
with such ltpplications &re in order.
'182, Whenever Itn interim stay is ordered the Bench clerk:
c.oncerned will also put up & red slip in the bundle setting oul
therein the time at which the orders are passed and send the papers
to Bench clerks' department without delay. •
483. All orders as. to posting passed in Court shall be noted
in the Court cause list by the Bench clerk in attendance, who will
alao dnw the speciall a.ttention of the Ma,nager, Trllnslation and
Printing depll.rtiment, to such orders.

481. vVhen the sittings are so arranged that ;1, Hench which:
Sits on the lltst d"y of 11 week is to sit llga.in the following week
but for a different class of cases, the Bench clerk in Court llIt the
end of the day should bring the matter to the notice of the Couril
.r
and asr.ertain whether the Honourltble the udgp.s wish. the balance
(If the work for the da.y to be posted the following week before th.
work fixed for that week. .
lSI

485. Notes of cases and books of reference cited in thlt courlie


of argument must be carefully kept by the Bench clerks.

486. Bench clerks shall not remove any book from the Court
library without the written permission of the Sub-Assistant Regis-
kar (Appella.teSide) or Second Assistant Registrar t Origina.l Side buil
writteIJ requisitions for books from the Librarian or from Bench
clerks EIO deputed will check the books in the library. of the
Court's Circular Roc. No. 3941/71, Library, dated 2\)th Octobe~
1971.)
"
487. The Manager, Bench clerks department, will depute a.
Bench Clerk to be in-charge of each Court. rfhe Bench!
clerks 80 deputed will check the books in the 1 bra..y of the
Court assigned to them every Sa,turday .and furnish a certificats
so
.{)f~lfiv'i.ng ) (fone \;0 the offioor concerned who are in-charge of
supervisory work. They will also report to the officers concerned
about the defects, if any, noted for taking prompt action. TJie
•• -check reports, by the officers, sbould be sent to the Registrar every(
'Y.eek (Vide High CoWt's Circular P. Dis. No. 217/69, dated. 15th
';1nnell969). ., ( : , Or,

4.88. Two separate registers of the books in each Court. room


will he mainta,ined. One will he kept by the libr.arian in the
library, and the other will be kept in the concerned Court hall.

'.iSH. (11) All the books in the Court library should be kept iI,l)
a1miraht; provided with locks and keys. The almirahs should b~
opened onl:" a few minutes before the Court assembles for the day
and only after ~he Bench clerk who is on duVy COllies to Court.
They should be locked as soon illS the Court rises for lunch or for
the day. During the lunch interval the Bench derk on duty will
entrust ~he Court hall to the duff~dar or peon in-charge. Atth~
end of the day he will see that the almirahs are locked up and he
will hand over the keys for safe custody to the Manager, Benc~
clerks department, or the Manager, Original Side, as the cas~
may be. The next day the Bench clerk attending the pll.rticular
Court will t&ke the keys from the Manager. "(Vide "Iso mgbl
Court's Circular Roc: No. 394/71, Libra.ry, dated 29th Ocoobe~
1971.)
138

(b) The Bench clerks will every week check the books in the,
Court library. 'rhey should also check every morning and at the
end of the day the books on the Judge" stable. .

4\30. Books should not be handed over to the members or the


,Bal' .. except.. unqer the written direction 9f the Bench Clerk, in.
charge of the Coiirt'who will be solely resI50nsibie for such boo¥s.

4~1. All n~w books will be entered! in the lists by the Assistanl
librarian.

492. Bench Clerks shall see that all books and papers a.re ••
correctly sent to the Judg.es' chambers or residences.

493. Bench clerks must note that pleadings and judgments


,sent -for from record room, at the' request of,' practitioners, ftlI'
l'e(erence in cases posted in the list, should be hllondedOV8l' to.
!ilit
Judges, when these cases are quoted during the course of argument,
and not to the practitioners.

'194., Where an AdvocaJte requires for use in a case paper~.


previously printed! in another case, he should file a stamped aPP.1i-
cation for the purpose. If, however, the papers are required during
the hearing of ,a case, and this was not anticipated, the printed
papers will be sent for from the records on the Advocate under-
taking to file a formal application later.

495. The Bench clerks will be responsible for the custody of


the records of cases received by them from the Vernacular Record-
keeper. After the oase is disposed of in Court, the Bench clerk
will send the record's in the case to the Bench clerks department
for drafting. But the lower COUIttrecords put up for, re'erence
in the case will be returned to the 'Verna-cular Record-keeper or
the Criminal section clerk, as the case may be, by the Bench clerk
himself. Hany record Or enclosure is missing, the Bench clerk'
'",ill at once report the matter to the Sub-Assistant Registrar,
through the, Manager, ,Translation and J>rinting department.

'.,hti. When the Court has allowed an application to :receive


certain' evid'eIlee, it will be the duly of the Bencll clerk personally
ro 'aee 'that th" admi1lfed document is marked and 'Placed with the
record.
137

. ";4\:)7. Bench clerks must enter in the cause h9.~ the how.' ai\
which each case begips and ends.
'.'/498. When any Civil Miscellaneous Petition posted with aIli
\l<ppealis not moved by the practitioner concerned, the Bench
clerk in charge of the case should put it up for the orders of the
Bench.
4119. Bench clerks will communicate to the Manager, Transla-
tion and Printing Department all urgent orders regarding transla-
!atloH and printing/typing passed in Court by means of a beparatit\,
slip noting therein the numbars of the main case and thenature.w ili~
main case and the nature of the order for immediate aclionbeing
taken by the. concerned clerks in the translation' and printing
department ..
500. Whenever the Honourable Judges pass any 'remarks or
scriptures against the Judicial Officers while reversing or upholding
the l1ecisionof the lower Court they will be entered in the remarks
register in the Bench clerks' department and if specifically ordered
EO by the Honourable Judges, a copy of the judgment sha.ll be sent
to Administrative department for further adtion.
501. The practice of altering or permitting the ..iltcratio\l of any
portion of the pleadings or of any paper after the same has heen
tiled into Court or any order, is irregular and contrary to rules,
un leBS the correction is carried out under the express order!" of the
• Judge or the Registrar. In case of any doubt, the Bench clerks,
concerned should take the orders of the immediate superior g,azetteo
officer. '
,. ;'5()<2: When any' j~dgmentis reviewed, the BenchCierk C''ll-
.cemed must bring ,the fact to the notice of Ithe indexer who will
..l!i~j~~.
~ no}e of ~t,on.the L~~ ~epor't~r's copy of the jud~ent S~
tbst the Judge grantmg permIssIOn JJ.1aybe made ~ware of It .

.,. Method of qu~ting Law Reports.


503. (a) To secure uniformity in the mode of citing the current
series of Indian Law Reports in judgments and orders of this Court,
.Bench elerks will invariably 'adopt the following form of citation :----"
I.L.R. 10 Mad. 75... , ,/ ,
131

(b) All references made in autograph judgments in any other


form must be altered as above in the offiee copy.
(0) All other reports also must invariably be cited in th&
manner sanctioned by ordinary usage, but the reference should be
given t-othe report in the Indian Law Report if the case is reporte.di
in 11ltiian Law Heports.

504. When a judgment of a Bench is delivered by one Judg~


a.nd he uses the singular person "1" in his judgment, the fair copy
pi the judgment must show that the other Judges have agreed. If
\he: 1.ndg. delivyring th~ judgment use the plural person .• We ", ••
it is not necessary that the remarks of the other Judges should be
added in lhe fair oopy.

Decree drafting.
505. Decrees and orders must be drawn up. with oare. Th~.
relief granted must be set out with due precision and accuracy.
'rhe. forms prescribed by the Code of Civil Procedure must be
&trictly adhered to with only such vari!atioris as may be necess~ry:
ill the circumstances of the C'\se. The decree must be self-con'-
tained and references to the plaint schedule or documents outside
the decreG must be avoided. It must he cle:lr and fJ'l'E' from
a,mbiguity.

506. There are two e,lementary rules,which should be invariably


observed in preparing decrees:-'

(i) The decree shall always be a direct and explicit order or


direction. Such expressions as " The Court doth order and decree
that the decree of the lower Court be modified by directing that '14 (
do ps.yB, ete.~' are notl appropriate. The faot that the decree is
roodifiedisunimportant, ro
though there is no objection the reeiW
th&t the Court doth decree " in modification of ~he decree Of me
lower Court" that A dd pay B, ere.

(ii) The decree should invariably '(with the exception of •


purely declaratory decree) be It direction to the person upon "hm~
the'duty or obligation is laid, and not to the party who benefit.; by
the decree. Hence such expressions as •• doth decree thB~ A. do
reeOTerfrom B the lands in B's possession" are objectionable. .Tbe
pt"operform is " thaffiB dd surrender to 'Ii..••.
501. The rough dra.ft of 'decr~5 in intrica.te or importa.nt CIS~1I
Of ,',here there aL'e difficulties, may be shown to Advocates, but
~ses are not to be detained indefinitely on account of any informa-
tion required from an Advocate. No case should be detained fot
more than a week for want of such information. The order !>hould
be drafted on such information as is available.
508. In decrees and orders of the High Court, the number of
• the case in the lower Court lemdthe date of the order or decree
Il,ppealedfrom shall invariably be shown.
509. If the sheets _containing the names of the pa:rties in the
printed/typed copies of the memorandum of a.ppeal are prefixed to
the decree, Bench clerks will carefully compare such sheets, carry
out. t,he corrections, if any, and initia,l them.
" Plaintiff" and "Defendant" (Appellant and liespondent)
~lould be Rpelt \vith c3lpitals when the pa.rtics to the case itself are
referred to. As it is often necessary in a judgme~t to refer ta
"plaintiffs" or . "defendants" in other <'ases mentioned, it is
• desira.ble that they should be spelt wHh BIllallletters and the distinc-
tiun between capital and small letters would then preventl
.. confusion .
510. (a) A party against whom a petition is presented is gene-
rdly described as the 'counter-petitioner'. This is only corrd
when he puts in a petition in answer. He should be called by his
name, and his position in the lower COUl'tor in the main case ilhouldf
•• be stated within bracketA3 .
(b) In Civil Revision Petitions, the opposite parties shall b~
described as petit.ioner .and respondent .
..
00]. 'When a Second Appeal is dismissed unJer Order XLI,
Hule 11 of Schedule I of Civil Procedure Code ::>r is dismissed,
with or wtihout costs under Section 101 or 102, Civil Trocedure
Code, the decree to be dra.wn up should not he to the effect tbat the
decree of the lower Appellate Court is confirmed bu1Jshould be a.
formal one dismissing the appeal with or Without costs, as tho
clloaemlloY be.

512. Tn drafting orders ca.l1ingfor findings, thf\ time for return


of the liniling will run from the date of the receipt of the records!
in the lower Couri. .
140

, ii13. In cases whe~e time is given for f~rnishing security the time
will run from the'da.te of tlie order of the High Court unless other-
wise ordered. The lower Court must be asked to If-port if security
has been 'furnished in all cases where the appellant is a.sked to
furnish security for costs.
514. Section 77 of the Indian Registration Act requires that if
decree is made directing the registration of a document, whose
registration has been refused, the document ha.s to h~
again presented for registration" within thirty days of the date ()/'
the deeree ". Bench Clerks should therefore dliaw up and other--
wise complete such decrees without any delay so that the party
concerned may he eilabled to obtain a copy of the decree in time
for production before the registering officer with the document
sought to be registered. .

515., 'Whenever a judgment of this High Court criticises any cf


the rulcs in the First Schedule of the Civil Procedure Code or in
the Civil Rules of Practioe or offers suggestions for revision or
amendment of those rules, a copy of the judgment should be Rent •
lo the administrative department ..

51Ji. vVhf'nevel' the High Conrt h'as ordered proceedingR in a.ny


lower Court to be stayed pending the disposal of an appeal or revi- .
Ri()n petition, the final order on the appeal Or revision pcLition shaH
be communicated to the Court whose proceedings have been stayed.

517. Tn cases whore conditional ordt~rs are p:1ssrd by the High ••


Court and the cond.itions are to he complied with in the High Court,
the Bench Clerk concerned shaH, while tI1ansmitting the order
nIter examination, issue specific directions for the return of the
papers with the draft order back to the Bench Clerks Department.
The Bench clerk shall retain the papers with him. watch for the
compliance of the condition and if the conditions are complied wit.h,
intimat,e the lower Court concerned and trl\,nsfer the papers t() the
Tesj)GdlVe section. If the conditions are not complied with, !;'uch
" report. Ahall be sent to the lower Cou'rt and the counsel on recorc1
notified of the default and the papers will he either lodged . under.
orders of the officer who approved the draft order, or postell for
lkrai.llt as the caSe m&y bo.
(High Courts' P. Die. No. 91/71, dated 2~-~197L)
14:1

518. (a) Bench clerks should be particularly careful in the mattel\,


of entering the names of Advocates in decrees and orders ~s heingl
preoout a-t the hearing of a case.
(b) Where an Advocate appears for the Advocate on record
the name of the former shall be entered,&s ,!, for" the latter.

519. "When ,an Advocate appears at the request of the Courn


in unrepresented: jail appeals, revision cases, etc., his nallle should!
be entered as Amicus Curi.ae on the E.B. and in the cause list b~
the Bench clerk, and in the register by the filing clerk. Th~
order and judgments drawn up in these cases ,should show thait the
Advocate was heard as Amicus Curiae.
520. '1'he memorandum of costs appended to decrees and orders
should see that practitioner's fee are calculated under the
cases to which the decrees and orders rebate. '1'hey should see thafj
no item is omitted which ought to be included in the taxation and!
that none is includ'ed which ought to be excluded. Where pro-
portionai,e costs are- allowed, they should calculate such costs on
the proper amounts allowed a,nd disallowed. In all cases they
,shoul~. see that. 'Practitioner's fee are calculated under th"el
appropriate rule. Each item of costs and the total should be
checked and initialled by the Bench Clerks.

521. (a) '¥hen a case is remanded, an order aud not a decree


..shalt bl:' drawn up. If the Court directs the costs to abide the result,
the orders to be drafted shall provide for costs of the Highl
• Court Appeal or Revision in the following form :-_.

. "that the costs of the parties do abide by and follow ~,heresul~


and he provided for jn the revised decrees of the lower Court."

(6)' Where' any suit is remanded, s, stafument of the COSlili


incurred in the High Court is to be
appended in order t.hat thE'.!
same may Ile 0harged to the' propor parties in thf'. revised decree of
lJle lower C'.>urt.
\;.'

. 522. The sUIIf!"paid on ac.count of printingytyped charges af.the


time 'of putting in the pleadings in first .lloppeaJslitreto be charged
to the losi'ng party in the statement of costs annexed to the Court'Ef
decree, when costs &re &warded by the Court a.glloinstthe 10sUlg
~~. .
U2

fi23. '1'he value of the stamps used for the attested ccpiea or
,decrees, produced by appellants, is to be included in the costa 111
appeals, where the decree is in the appellant's favour.

524 (a) Under Rule 30 of the rules relating to the feed payable
to legal practitioners, fees shall not be entered as recoverable in a
.decree or orde'1'except on proilnction of a certificate from the legal
pmctitioner that he has received such fees.

. A certificate of receipt. of ,. not less than the regulation fee"


as riot a. sufficient oertificate to Justify tlle entry of a fee in a dec;rce
br order.
(b) No certificate is to he acted on unless it specifies an actual'
sum as having been received. Certificates not eomplying with
.this requirement will be returned for amendment.

Taxation references.
525. In all cases which are referred to the Deputy Hegistll<lJr£01
fixing Advocate's fees, the sec1;ion and sub-section of the rules
.fra,med by th~ High Court under the Legal Practitioners' Act, and

'Undet which the reference is made shall invariably be quoted by~~e
Bench clerk concertl.ed, in 'the reference. ..•
526. When a refund is ordered of the excess Court fee paid i~
(lases filed in the High Court, the Bench clerk who issues the
certificate for the refund of the excess Court fee will note and!
initial the fact of the refund' in the dOcket sheet and the memo-
randum of the English bundle in the case. ••

Criminal Cases. •
527 .. (a) The preamble in.the draft judgmen~ of the High Conn
in Criminal appeals shan be as follows :......•
"Appeal against the order of the Additional Assistant
Seul,ions Judge of the Court of Session .. ~ DiviSIOn in Case
No. of the Cale~dar for 19 "
(1.» Whep.evel' the word ". Sessions . Judge I, occurs in tlie
judgment of their Lordships the words " Additional Sessions Jndge
OT Assistant Sessions Judge" may be substituted in appropriate
places.
,t
143

528. Copies of all judgmente a.nd final orde~in appeals an~


..revision petitions against the decisions of Presidency' Magis,trates
,other than the Chief Presidency Magistl'ate will be commulllcated
.to them through the Chief Presidency Magistrate. '

..:.:,52\}. (a) When the High Court makes an order admittin~


,accused persons to bail, a, copy of such order shall be immediately
com;numcated direct to--
(i) the officer who is to take the security,
(ii) the Magistrate who disposed of the case or before whom
the, case ,is pending, -and
(iii) the officer in charge of the jail in which the accused is
(
lConfined, another copy being sent out through the proper channel.
I
(b) A copy of the order dismissing an application tor hai]
pendmg the disposal of a Criminal Revision Caile Or 'ln ApPeal or
.othei' proceedings in the High Court shall be sellt only to the
prisoner through the Superintendent of the ja,il in which he is .
..confined and to no other person.

530. Where, in a Criminal Appeal or Revision PetitIon presen~


:by an accused person undergoing a sentence of imprisonment:, the
High Court has made an order directing his release on bail and the
:sentence is subsequently confirmed Or modified, the special atten-
t,ion of -the Original Court shall be drawn to the fact, when the
judgment Or order of tht" High Court is communicated, by llr note in
• ,the following words printed in red ink and atta.ehed to . the front
pr.ge of the judgment or order :-
" The Appellant/Petitioner was directed t{) be released on
-bail by order of the High Court, dated on Criminal
'Miscellaneous Petition, No. of 19 ,.

531. 'Whenever the High Court calls for an explanation of delay


in the dffsposalof Criminal case by a Sub-Magistrate, the District
Magistrate (not the Sessions .Judge) will be requested to ~et the
,expl:mation of the Sub-Magistrate through the Sub divisional
Mag-1st,rate,if any, and submit it with his own opinion,,~ to i~
rSllfficiency or otherwise.
532. Hu1es 232 to 240 of the Criminal Hules of Practice .and
Circular Orders 1958, enumerate' the procedure for the despatch
of judgments and orders. A copy of every order of the High Court
modifying a sentence or order passed by a Suoordinate Criminal
Court shall be sent direct to the Superintendent or Officer of the
jail in which the prisoner is confined in lIod'ditionto the officers to
whom it is sent under those rules.

533. All orders in Referred Trials must be despatched IIoSsoon


as possible and within not more than 24 hours.
..
534. Instructions faT Issue of Certificates of Appeara,nce to
The Public Prosecutof'. .
(i) CertiflCates should be drawn up on the basis that each
certificate represents & separa.te fee.

(ii) Certificates should be drawn up by the Bellch Clerk


attending Court, as far as possible and when cases are disposed of.
Tn no case should a certificate due for a month be delayed longer
than the second working day of the succeeding month.

(iii) 'rhe [ad of appearance of the Public Prosecutor,


or of '"
a,n Advocate appearing on behalf of either of them will be noted in
the original cause, list by the Bench Clerk initialling against the
entry in the Oause list; a second initialling will be made with th'3
date to indicate the preparation of a certificate; ,and the Manager
of the Bench Clerks Department when he signs the certificate will •
affix his initials in the cause list in red ink with date.

(iv) Where an appearance is filed, otherwise than on notict)


issued by the Court or bv 'an ,accused person for transfer of a case
unJer Section 526 (6), CrirminalProcedure Code, care c;hould be-
ta.ken to verify whether an entry has been made in the Memorandum
of appearance to show t,hat it is filed in accordance with instruc-
tions received from the Government, a. District Ma/!istrate, fi
Presidency Magi~tr,a.te or the Commissioner of Police. .

NnTl'J.--Nn Inc'ron. of "pp311.1'anc., i~ n,)c":~:ar:v wh'>r" p')t.itio~s or apP'~/1,J~


are.
filod bv th" L\\ .•.0ffic"r< tn"mQ"lve" RS p"t'lbl)ner" or "pp"n"nt'l.

(v) No certificate will be issued unless !\ specific demand is


m!Hle for it.
(vi) On receipt of a demand by the Public Prosecutor the
certificat-e.s for ':1 month will be collected, numoored serially in
accordance with the list furnished and submitted for counter-signa-
ture of the Deputy Hegistrar as soon as possible after the recei.pt of
such demand. They will be i.ssueu immediately when ready .

(vii) If, in any case, it becomes necessary to issue a certificate\
after the issue of the batch for a month, a.cla.use £bould be embodied
in tnc certificate to the effect that no previous certifica,te was issued
ill respect of it. .'

" (viii) No certificates should be issued in interlocutory


applications, e.g., for bail, stay, suspension of orders, etc .. when th~
main petition or appeal is pending.
NOTE.-A patition for stay of a case which is til,connected with the eMil
under appeal or rev.ision and relntes to II different matter 'l\ltogether is not' B,D
interlocutory petit,ion in respect of the main Cl.se though the stt,y may be for
the period of pendency of the appeal or revision.

Ox) No certificates v,ill be issued in cases that are not .finally


,di~posed of. The following are instances:-
(0,) Where a, case is referred to a Full Bench or a third
Judge;
(b) Where additional evidence is called for from a lowel
Court Or directed to be taken in the High Court.
NOTE.-A case .reverscd and r,,!manded for further enquiry by a'lower Court
is a final order (diposing of it.) in the High Court..

• (c) Where a report is called for on the sanitiy of tlta


accused.
(x) K 0 certificates will be issucd in cases posted "to hr
m.entioned " or for " further orders", etc., apart from the certifi-
.cat:e'
issued for the. original disposal of the case .
. (~i) In the following cases. certificates will be issued as noted
against them :-
(a) In cases where there is a single trial or inqtl.iry in the
lower Court whatever the number of charges or accused persons or
number of petitions filed in the High Court--,
(i) when dispOsed of on the same occasion by '1 commo!!
or f,f,parate order in the High Court-One certificate;
189/7-10
u.
(ii.) cases in clause (i) when disposed' Jf on differentJ
occasions in the High Court by sep8lrate orders-As manyceritn-
cates as there are different diates of disposa.l. ,
, (b) Number of applications rel3ltingto a l:iingle case, e.g.,
for hail and tr&nsfer-
. " , (i) -wh~n disposed ,of on the same da.tethough by different
orders.-One eertJficate; ,
(ii) when on different dates-Same &s in {xi) {4) (ij).
(c) Where, in 'a case preferred by several' accused, the case
>

of'Olie or more'is disposed of on one day and the rest on other days-
As many oertificate8 as there are different dates of disposa.l lind
sepa,rate orders of disposal.
(d) A number of revision petitions arising from. single'
calelldar case but in respect of 'which several appeals were preferred
to the lower Appellate Court including revisions froID, orders of
discharge-Same in (0) supra.
(e) (i) Applica,tions for bail, etc.,' separately or jointly
ftled(bilt riot interlocutory) disposed of on ,the itUIl8 day bya
common or separa.te order-One certificate.
.•.
(ii) Applications as in item 1 supra. by the same or:
different accused persons repeated or pr:eferred by separate a.pplica-
tion!! and disposed of on different dates-As many certificates a.s
there are separate dates of disposal and separate orders.

,.i~all cas,es of doubt,


,fl', ••

orders' of the Deputy Registrar should •


be obtained before issue of certificates.

:>:.35.
Every month a: Bench Clerk will be deputed to thel . ,

Transla.tion and Printing Department &nd another Bench Clerk to


tIle Stationery Section to cheek the printed/typed papers and,
Stationery respectively and their reports will be submitted to llj~
Deputy Registrar ~or perusa.I and ord'ers.
~,.. '"....'
C. ORIGINAL SIDE.
t 53G; (a) The Manager will supervise the work of the establish.
lllOm on the Original t>ide including the Office of the Sheriff of
Madras. He will pass note$ for orders, drafts of letters and returns
prellared by aU clerks btifoi'e submission to either the ll'irst Assis-
ta-nt BegiBtrar or the Second Assistant Hegistrar for orders or
Bigllature. He will examine the plaints llrC8ented, before they are
admitted by the Second A86istallt Hegistrar.
(b) The Ma.nager will be held personally respontlible for the
prompt despatch of all papers marked urgent D'y the FIrst )1' Second
ASf>istant Hegistrar. It is his duty to see that they are delivere~
W the. proper clerk &s soon as recejyed and that they are dispose«l
of immediately.
537. All suit Fe.tition and application registers should be
checked regularly by the Manager at lea8t once a month. and the
Manager should see that they are properly maintained and forma,
cOlllplete record of the case. '1'he Manager should also see that
disposals are properly entered in the Application Registers &nd thai!
cases not disposed of in a reasonable time are brought. to +h••
notice of the Officers concerned.
538. 'l'he Ma.nager will maintain under his supervIsIOn and
control a note-book in which will be noted from time to time all
orders of the Honourable J uc1ger:;,J\hster and Oflicel's regulating
the procedure and practice in l'eg.ard to matters coming up for
"ttention in the office. Every clerk who becomes a.ware of such
• orders in the course of his duties should take them to the notice
of the Managel; and enter them in the note book linder the direc.tion
of tIle Manager.
539. Urgent orders passed on the Original Side shall he issued
AS Boon as .possible in any event on the same da.y. It will be the!
duty of .tl1'eBench Clerk to intimate t<i the Manager immediately
that an nrgent order has been passed.

;).:1,0. Any application for an order to advance the is"ue of


processes, etc .. in any case must be made to 'the Fir8t or Second
Assistant Registrar,. Original Side who (in the event of granting the
application) will, send a written order to that effect to the l\fanllger.
, - " .

1811'7-10-A
148

541. No stranger shail be allowed into the Original Side Office.


Advocates and Advocates' clerks will be permitted only on bm,iness
and with thE')permission of the Manager. N a clerk shall hold
commuhication \V~ith any Advocate or Advocate's clerk. '111isorder
does not a.pply to the Diary Clerk and the Record-keeper in the
discharge of their ordinary duties. The Manager will stf-ietly
~nforce this rule.

Receiving.
542. The papers reoeived at the Diary will be immediatlv
stamped with date, and initialled by the Diary clerk, numbered bv
,the numbering machine and then entered in the Diary Register,
Juphcate numbers being given therein simultaneously. If any'
alterations are made in the Diary Register, the Second AlSistan~
Hegistrar's initials will be obtained. The Seeond Assistant
Registrar will initial the Diary Regi'ster at the end of each day.

543. In regard to every paper received in the Diary, the Diary


.CI~rk8haU insist on the enclosures being noted on the p!l.,per~ ,.
-tlY the pe-rson presenting it and whenever paper &ffixed with Court-
f.ee Stamps axe presented, the Diary Clerk should insist that the
receipt showing the Court-fee paid should accompany the same. •
He llhall alBa check the encloRnres and enter the numb'.'r of
enclosurell in the Diary RegIster.

544. The Diary Clerk must rern •• to receive petitions and


Iftida.vits not properly docketed.

,545. 'fhe Diary and Interpreters' Section should note that .ad:
paper in any proceeding should be received which is not 8ubstan-
tial white foolscap. •
. " 546:. Oourt fee stamps affixed to plaints, petitions and' other
proceedings shall be punched ionmediately on presentation.
547. Papers received in the diary will be scrutinized by thA
Manager to ensure that the stamps have been' properly punched
and defaced .and the High Court rubber stamp has been properly
a,ffixed. After such scrutiny the Manager' shall make all e.nt.ry in
the sta.mp register in token of everything being in order .. 'The
punched heads should be carefully collected and deltroyed.
149

548. The Di~ry Clerk sha.ll, after enterilli in the Diary Rea-iater
the papers received, distribute them (requirinR scrutiny) to the
eonc,erned clerks who Bhall scrutinize whether they are ill order and:
,end tham back to the Diary after making a.t the lower end corner
"In order; may be filed" a.nd initialling the same. The Diary
Clerk shall then only put the seal "Filed" and enter the dat.e of
filing in the register against each paper.
549. The Hecord-keepel' shall see that ,all papers bear th~ seal
., Filed " befera they &I'e indexed and kept in the respective 8uit
bundles.
• 550. Anv proceeding presented in time but returned for rectifi-
cation of de-fects will not be filed when representea out of the time
allowed by the suit summons, rules Or orders of Court without an
order of Court or the :i\Iaster excusing the delay or extending the
time on an [tpplication presented for the purpose.
55l~When a plaint, petition, or a Judge's or Master's summons
presented to the High Court is not signed by the AJwcate or
• Attorney on record, the same should not be fi.led but must be
T,eturned for representation with the signature of the Advocate o~
_\ttorney on record.' During the absen.ce of practitioners on recorll
from IVItadras, juniors regularly attached to the office of the prf.\.C-

titioner on record may be permitted by the Second Assi8t,ant
'Registrar to sign them.

552. Routine applications such as applications lOr copies, etc .•


may be signed by juniors regularly attached to the office of a practi-
~ioner who should intimate to the office the names of his junior"
who are authoriBed by him to sign ,thOOlon his behalf.

.• 553. The Diary Clerk will maintain ,a register showing th~


names of the juniors of 8J practitioner authorised as ",foreflaid t.o sign
tn behalf of the practitioner. . -

554. A list of all papers returned or on which objections 8ft'


noted for compliance shall be prepared every evening by the As~i!\
taut Di8:ry Clerk and put up on the Notice Bbard the next morning-
in, th~ fol1?wing form : '

List of pa,pers returned or on which objeetipne are noted for


wmpli:mce.
l~

Suit number or Diary mimber N ature of paper ~ .


NIlJIl8 of th~ Advoc~te
~~ I
.,......
'
.
T"he'iist'Bh~ll he signed by the :\lanager.
555. A party filing a list of documents or other proceedings for
which the time for 1l1ing is limited by order of Court must, unle.as
otherwise ordered hy the First 01:' Second As"istant Hegistrar,
produce an oilice copy of the order at the time of presenting the ..
d9cum~nt in order that the office may ascertain whether it is in
time.' .
556. Papers received at the Diary should not be allowed to .•.
accumulate till the evening but should be distributed then and
there 80 as to eaabIe the clerks concerned to take immediate action
the;eon. '1'he Distribution Clerk at the Diary should see that, after
appropriate entries are made at the Diary the papers reach tlw
concerned Clerks with as little delay as possible thrice on eo.ch day'
at l~ noon, at 2-30 p.m. and at 4-00 p.m. except that in the case
of urgent papers, 'the Dial'Y Distribution R.egistpr will be sent to
the Clerks concerned immediately. •
557. Pla,ints and petitions admitted shall be entered in a register
,,'hich shall be open to inspection by Advocates. '1'he register shall
contain the following particul~r8 :
Date of presentation, name of Advocate, action taken, seri11
number.
558. vVhenever (iny plaint or other proceeding is referred to the
Court by the Registrar or First or. Second Assistant Registrar, thl"
Advocate will be. informed, and the plaint or other proceeding will
he retained in the record. _
559. The Registering Clerk will register all suits qud petitions
and orders received in applications and execution petitions and in!
flITther proceedings therefrom.

560. On receipt by the :Manager of the memorandum of appea-


rance I'!.ndvakalath as provided for in Order V, Rule 9, Original Side
Rules. he will, if the vakalath and the memorandum a.re in order.
send the papers to the Diary Clerk, who, after entering them in th~
Diary Register, will send them to the Registering Clerk. The
latter will immediately enter the appearance in the Suits Register

III.
151
r .
unless the name of some other Advocate or Attorney appears in the,
Register already for the same party in which case he will return the
vakala.th and memorMldum of appearance and endorse on &b.
vakalath "Registered •• and send *e prr.per&iQ the E.ecord-keei*
through the l)osting Clerk _
561. 'rile plaints and petitions shall be entered in the respective
registers without any deby.. After that, the Registering d~rk shall
send the plaint to the Sum:mons Clerk who, after getting the
summons issued by the Bench Clerk sha.ll Bend the'summone tQ
the Deputy Sheriff or the Correspondence Clerk as the case lllay he
and the Plaint to the Hecord-keeper.
u62. Decrees and orders after approval by the officers shall be'
sent by the Senior Decree Clerk to the Registering Clerk who will
immediately register and return the same to the Hecord through
the posting section. The RtBcord-keeper will see that -all decrees
,and orders received into the Record have been registered.
563. The petition. filed by mortgagor to deposit in Court tllt'
a~ount due on his mortgage under Order XXXVII, Rule 9 of the
Original Side Rules shall be entered in the Register of P~titions and
given a number before it is posted for orders.
564. A Register will be maintained by the Registering Clerk on
the lines of the Suit Register wherein 'shouldbe entered Original
petithms other than testamentary ,under the following heads :-
Ordara made with
Date of filing. Relief BOught. datesllnddetaill!.

(1) (2) (3)


(H. Ct, Form No. 375)

565. In the suits ~nd petitions registers the column8 relatiDtl'


to Appeal and ExecutlOn and all entries relating to post-decree
proceedings should be clearly entered.
_ 566. Regi'ster of Company petitions and Company Applica,tions
should also be maintained in the form prescribed for the purpose in
the ,Company Court Rules by the Registering ilnd Docketing Clerks
respectively. _' - - .
/
162
667. rrh&: Interlbcutory Applications Register will be ma.intain~d
by the docketing Clerk.. -
- 1', /.. ..'

~. 5~~:.~oapplfcation othei: than in Execution should be numbered


unless 1t lS free from defects of any sort.

Summons and SeTvice.


569. No subpoena. should be issued to witnesses residentbeyon4
300'kilometres even though it is stated in the' application~ that they
are ','expected to be in Madras ". ••

570. Letters sending summonses tQ other Courts for " substi-


tuted service" should not be in the ordinary form but should state
the manner in which service is required flo he made.
571. When the address of the defendani, is giveT) as being withi~~
Madras a:nd application is subsequently made to trallbmit the
8UmJYIomdo the moffussil for' service and it is ordered, the.time for
appearance will be altered accordingly.
572. The summons clerk will generally observe the following
instructions with regard to the time allowed for E>ervice~ ...
:!ummonses:
1. In the case of summonses in all suits to be served outside
the City of Mad'ras but within the State-Three weeks.
2. In the case of summonses for service outside the State but
within Indian Union-Six weeks.
;3. In the case of summonses for service in Fore1gn Countries--
Three months.
In special cases requiring a different period, instructions of the
.
First Assistan.t Registrar should be obtained from time to time.
573. In suits against'thr State instead of the period of fourteen •
days prescribed by Order IV, Hule 6. for filing a writ;ten statement"
three months' time from the date of service of summons should he
a1l6w8dJf6r'the necessai'Y comrl1uni~atio:p .with the Gov~rnment
through the proper channel and for the lSlllUeof instructions to ih~'
Government Pleader t.o appear an"d file a written statement . Oil
!)ehalf of the State.
;)74. The posting clerk is responsible for the proper posling 01
all c~ses' of whatever kind and .the assistant pogt.ing clerk for tll&
ex.amination of !tIl returns of service of notices ,and processes and
158

the submission thereoi to the Manager. 'l'he posting clerk must


post eases in \\h.ieh 1l0t.i<;eShave been issued [or a fixed Jay 011 l1w~e
days (whether service haa been proved or not for the directions of
the Court). He must keep a diary in which he should each day
enter from the minute books the cases on the days l;O which they
are' adjourned or in which notice is returnable. lIe must prepare;
.!IDd post the general monthly and daily lists of cases mentioned inj
Order XXX, Rule 4, Origi'nal Side Rules, 1956. He must note in
the general and monthly lists of causes the adjournment and disposal
of cases. He must see to the transfer of cases from the undefended
to the defended board 'when leave is given to defend. He must see
to the posting of cases for orders in which no steps were taken for a
month from the return of the summons.

575. The post-ing clerk and the Court clerk should go throgh
the minute books, every evening after the Courts have risen, note
the ..~1irection8 contained therein relating to posting and records
respectively and initial the .books in token of their havmg seeri them.

576. The posting clerk and the summons clerk will see whether
the Sheriff's office has noted in the retu!:D of summonses the time
when the Bai.liff attempted to serve them on the defendants .
• 577. Under items 1'2 of Appendix II, High Court Fees Rules. a
separate fee of Rs. 3 shall be payable also on an application fOD. .
transmission again of an unser.ved Bummons, not,ice or process.

578. The posting clerk will maintain tWO B diary registers,


.. one for A class and the other for B class suits jn the form appended
and make th~ necessary entries in them every evening regarding the
cases appearing in the daily liRts. He will check the entries every
week and see that no cases are delayed for an:v reason and bring to
the no~ice of the First Assistant, Reglst.rar every week, cases "hieb
a,re dela,yed owing to the default of any party or for any other caus~.
Da.~eon which Reason Steps' taken
Buit a.ppeared in Adjourned t.o . for by parties
the list. adjournml'nt .. if l\ny.
(1) (2) (~) (4)
. 154

b79. A aud II Diary (Old C.M. 47) will be prepared 'and put up
in each tluit Or O,P. 'fhe first tWo columns " Plllint presented"
and "Pla.int field" will be entered up by the registering clerk, the
next four columns by the assistant posting clerk and the other
cvlull1ns by the Bench clerks. The details regarding &'l'plication
.in suit or O.P. will be entered by the chamber posting and the
Bench clerks.

580. In every Execution Petition.a' B' Diary (Old C.::'vI.


..
Form 49) will be maintained by the Assisto1nt to the ExecntiC'n
Clerk.
. ..
581. The POi'lting Clerk will maint.:\in the hearing Book. He
will make, necessary entries in the posting Hegister every evenillg
regarding t.he cases appearing in the da.ily list. He will check the
.'
entries every Saturday and see that posting of cases are not delayed
and bring to the notice of the First Assistant Registrar any ea~
,vhich are delayed owing to the d.efault of any party ?r for any othe'r
cause.
•••

58.'2. It shall be the duty of the Posting clerks before posting a


case to VN'ify from the records in the case or the minute book or
both, the date of hearing and not merely rely and act on the entry
ln the Hearing Book.

583. Where a suit is instituted in fotma pauperis, the word


. Pauper' shall be not-ed in the Cause title in the pleadings a,gainst
the nnmber of the suit a,nd shall be printed in the cause lisll above the
number of the snit when it is posted for trial.

584. "(a) The rough list of cases for the seittlemen1) of issues and
of cases on the undefended Board should be made ready by the
Posting Clerk at least three nays previous to their pORting and a
copy should be handed to the Record-keeper for being given to .the
concerned Court Clerk to enable him to pick up the cases necess&ry
for posting.
(b) Immedia.tof'ly the rough lii'ltflare put up a copy of the same
will be sent to the Bench Clerks who will endeavour tD ascertain
from the practitioners the time tha,t each case in the list is likely td
take and send the information to the Posting Clerk. .
155

(C) The Posting Ulerk will send daily to the respective Court
Clerks by 1 p.m. a. copy of the rough list to enable him to collect.
the p1eRC1ingsand p<ipers for circulatlOll to the Honourable ,I uuge;;,
In ea.se the Court Clerks are unable to find the papers jn any
particular qase, they should report the ma,tter to the Manager and
the. Record-keeper and under directions of the Manager, the,
Posting Clerk will take the orders of the First Assistant, Registrar
at the time of the settlement of the list for the removal of the caBe
• from the list.

.. 585. All cases on the Original Side will be placed in the list in
the order of date. Cases coming into the list for the first time will
not be.placed.a~ove those already in he daily list.

586. 'fhe order with regard to cases taking their place in the
order of date will not affect (1) M3trimonial cases, ('2) Short Causes,
(3) Commercial cases, (4) cases specially fixed, (5) undefended suits.
and reports by the Official Referee i.n cases referred to him by the
Hon'hle the Judge. These cases will be placed in the daily listJ
" when they are ready for trial, or where a date has he en spe~if\ll~T
fixed, op. tha,t date,.Vilhen cases are settled out of Court the
Advocates for the plaintiffs will give notice of settlement to the
• First Assistant Registrar, Original Side, and they will he placed in
the list forthwith for d~sposal.

587. (a) With regard to cases to be included in the "Short Cause


List" the Master shall, when giVIng leave to defend, give the usual
order for diractions and direct that t,he affidavit of the defe.ndmlt in
support of his applic~tion be treated as a written statement. If the
defendant intimates that he wishes to raise lit defence or defences
not Jisclosed in his a.ffidavit, the Mas,ter shall direct that a state-
'ment setting out the grounds with full particulars be filed in Court
and a copy served upon the plaintiff within seven days from th6\
date of the order. .
•• " r~ • j •

Order vn, Original Side Rules, inwhio~


"(b) Suite under
leave to defend has been granted and which at the time of granting _
lee,ve the Master has directed to be heard as • short oa,uses ' shall
be, pla.ced in ill Short Ca.use List. Su~h suits shall be posted' for
hearing hefore the Judge trying • A 'Class suits on the' first:
Monda,y of each month or if thalt day falls on a recogni:r.edl holiday,
156

the first working day thel'eaftel-: ,All pe.rtieil luust b~ ready tq


proceed with the tria.l of the suits posted Oil the daY8 on which th.
are sel down for hea.ring.

, 588. As far as possible", sUIt under Order VII of the Original


SIde Nilles'should be posted for pRssing decree at one and the same
time instead of on different occasions against s8veraJ defend.uu.
]?iE'cemo9l posting should be avoided.

58H. 'l'he Cbamber Posting Clerk will note in red ink on thei
top of the Judge's Summons whether the Party ta.king ont the
application has not served any ap.d, if so, which of the parties,
\vhenever nohces to any of them ha.s not been taken out. 'l'hisll:l •
necessary to draw the attention of the J:udge disposing of. thl:lee
applications, before any oTders lare made, that all the parties are not
befote the Court.

5DO. All Judge's Summons except those for leave to sue, arrest
and attachment before judgment and directions to ~r 'by the
Administrator-General and applications under Rute ,90 of Order
XXI of the Code of Civil Procedure shall in accordance with
Order XIV, Rule 13 of the Origin~ Side Rules, be i:lsucd and posted
before the Master in the first instance.'

591. Work will be posted before the Master as follows:
Monday.-Original Side Work.
Tuesda,y.-Original Side and Appellate Side Work.
Wednesda.y.-Original Side a.nd. Company Work.
Thursday.-Original Side ':Vork and Insolvency ':Vork.
Friday.-Original Side Work. •
Saturda.y.-Originllol Side Work.

r592, ClIosesentered iIi the dafault list under Order VIt Rule 8
of the Original Side Rules and put up on the Notice Board, will
not be posted for dismissal. But, orders of dismissal will be drl\wn
up and signed by the Second A86istant R.egistrarand a .list of caseR
~o dismissed will be put up on the N otiee Board on the d.y of
dieiniss&l for the information of the praotitioners concerned.
167

i>~l3.A list of a1l references to the Officill,lReferee made during;


the week shall be prepared by the Posting Clerk or th~ Chamber
Po!lting Clerk, as the case may be, a.t t.he end of eaoh week and a
oopy thereof transmitted to the Oftioial Referee for his information
through the Manager, Original Side.

Decree and Orders~Droftlllg .


• o'd4.(a) Ifhe Senior Decree Clerk shall examine the minute
books as well as any written judgment which may have been given:
before drafting decrees a.nd ordert~.
(b) He will select the orders passed on ,any day which froUl
their terms require to be issued promptly and will aee that they are
taken up first. In case of donbthe will take the orders of the
Officer concerned.
595. (a) The Senior Decree Clerk will keep an inJex of prece-
.lents wIdeI' heads arranged in alphabetical order and enter under
each head the numbers of suits in which decrees and orders are
• ;made which will be useful as precedents. 'llhe drafts of these
deorees and orders will be kept by him in their serial order.

.. (b) He is also authorised to perform the duties relating to the


Bench Clerk, Original Side, noted belmv :
1. Signing and i'!8uing &11 Judge's Summons, Master'.
Summons and Registrar's Summons, etc. .' .
2. Signing all copies of orders, judgments .and decrees.-

3. Issuing urgent a.pplication. and copies of mret,!
l!ltlmmon8el. .
4. Signing summonses and SubpoEfllu.
5. Signing insertion. of taxed costs in Original Decrees
snd Orders.
6. Signing citation in Testamentary ma,tter!l.
5!)o. In punmance of Order XIV Rule 4 of the Original Side
Rules, 1956, the following orders need not ordinarily be drawn up.
If, however, the Senior Decree Clerk considers that any particular
~rder should be drawn up'it will be submitted to the otucers
concerned for directions.
158

1. Order granting extension of time for filing.


1. Written Statement.
2. Affidavit of documents.
3. Bill of costs.
4. Sale papers.
5. Receiver's a.ccounts.
6. Inventory and ace.ounts.
7. For amending plaint, etc.
8. For taJring out fresh summons, with
or without any direction for cost:s. •
9. For jnsertion ofta.xed costs ..
10. For return of commission.

n. 1. Lea.ve to execute.
2. Wa.rrant of arrest.
3. Warrant of attachment of moveblea
and immovables. •
4. Fresh summone.
5. Fresh summOD&by substituted Ierne. ••
6. Change of. Attorney.
7. Appointment of gua.rdian ad lite.,..'
8. Bringing on record iegal repre-
sentatives of the plaintiff and
defendant.
9. Payment of money into COurti.
10. Probate to iS9ueto executor by
.impli~~tion.
11. Leave to search and apply for copie •.
12. Review of ta.xa.tion.
13. Reserve price reduced .
.14. Leave to bid and set off.
15. RevocBition of vakalath.
16 .. Directions for posting 01 CMIM
for final disposal.
169

III. 1. Lea.ve to sue.


2. Orders directing mere discovery
at the first hearing when no
.issueS!are settled.
8. Orders giving directions for
postmg of cases.
• 4. Orders relating to marking parti-
cular cases as "Commercial
Causes" .
• 5. All dismissal orders except orders
dismissing suits,

r;97. In copying' no 'draft orders' the copyist shall incorporate


first the prayers in the. application and then the order of Court. ']'he
Bench clerk shall see while certifying the bi1' copy that tlle prayer

I
(
i •
portion has been copied and the Copy Complying Clerk will also
YCl'ify this before issue,

1 598. Decrees and orders will be dra,\'n in separate numbered


paragraphs with the introductory words, for decrees " It is decreed
• as follows:' > and for orders "It is ordered as .followB :" . '1'he
claims inserted in the suits register and decree should.be as concise
as possible.

59\). In drawing up decrees and orders no reference to a sclJec1ule


I •
in another document should he made; the schedule should be em-
bodied in the decree or order itself.

i • 600. In drafting compromise decrees the provlslOns of Order


I,
XXIII. Bule 3, and Order XX, Hule 9, of the Civil Procedure Code
I
Rhonld he "trictly observed. Where a compromise includes matters
.which do not form part of the subject matter of the "uit, the decree,

I
!
should after reciting that the compromise set out in the .8chedule
refers to not only the, subject matter of the suit but also to certain
properties extraneou;; to it, in the operative portion, deal only with
the' subject matter of the suit which will be clearly and fully
described as is done in the p1a.int schedule or schedules. The com-
promise itself shou:ld bE' introduced as a schedule to the decree.
i

160

601. III all orders and decrees and in all proceedings in caseB
removed to the High, Court from the moffussil Oourts for trial anll
determination under Clause XIli of the Letters Patent the heading
should be I IExtraordinary Original Civil Jurisdiction" and not
"Ordinary Original Civil Jurisdiction".
602. Unless otherwise ordered, "costs of defendants" win
mean one set of costs for all defendants.

603. Draft decrees and orders may be insper.ted by Advocates


whenever called' 'IIpon to do so by memoranda issued to them at
the office of the Manager, Original Side &nd the Sewor Decre~ •
Clerk sball be present at such inspectiOn and see that the Advocate'
inspecting signs hig name in full on the draft in token' o~ hjs havin81
iuspected it. .

604. Cases of decrees prepared but not issued for non-supply


of non-judicial stamps by parties within the time limited flhall be
lodged after taking the directions of the First Assistant Registrar.

605. (a) All orders directing payment out to parties or transfer:


to the credit of other suits or remittance to other Courts, of any
:money standing to the credit of any suit in the High Court, shaU
invariably be drafted; and the draft shall clearly bring ,out the •
purpose Or reason for which the payment out )r bransfer oi' remit.
tance, aR the case may be, is directed.
(b) In drafting orders for payment out to i1 party Or parties
to the suit, and in othe~ similar important orders, the full cause
title, disclosing the names of all parties, should be set out.
..
(0) In drawing decrees Or orders for payment out of moneys
periodically or otherwise, the name of the paTty to whom payment
is to be ~ade should be given as also his rank in the cause title .
. (d) In all cases where an order or decree dirRcting the pay-
.'~D.eDtof any moneys out of Court has to be issned. 'the Seniol'1
Decree Clerk shall, before issuing the order or t1ecree, call for ~
certificate of funds if one has not been filedl, and in case where 3i
certificate has already been filed, send it to the Head Accountant
for 1;)eing endorsed by him as to the ao'tual state .)f the funds on
the date of the order or decree. He should bring ~(. the notice of
the Second Assistant Registrar any fact noticed in the said certifi-
cate of funds newly filed Or endorsement made by the Head,
161

Accountant which may have to ue considered before issue of the,

,
,1
:ordl,r or decree. Any delay in filing the certificate will
brou:.jht to the notlce of the Second Assistant Regv;;trar
the ';\1anager.
al80 he
through
.
(e) When a Judge's or Master's Sunim\>'.18ia taken out for
the payment of money out of a fund in Court, the Judge's ,lr
?11aster's Summons, as the case may be should ~et out the purpose
for which payment out is sought. A reference to the reasons
set out in the affidavit will not be enough. Bench Clerks fhould
see that this is complied with before they sign arid iSf:'uethem.
',~
.. 606. Where investment of funds is ordered by Court, unless
there IS a specific direction to the effect that the ~arty or anybodYI
else should move in the matter, a copy of the order should be.
sent i)Y the Senior Decree Clerk to the Head Accountant as soon
as the draft order is' approved. The Head Aecountant shall
Jinti1l1ateto the Original Side ofiice, his receipt of the copy of th0
:order and also what steps have been taken by him regarding the.
investment of the funds. A register shall also be ruaintained by
, the Senior Decree Clerk in which shall be noted the orders direct-
ing investment of funds. '1'he registers shan he 3ent once a month
to the Head Accountant VdlOshall return it after nding the action
taken in respect of eDch of the orders entered in the register. If.
within a month the Register is not returned to the Original Side
office, the Senior Decree Clerk shall place the matter for orders
before the First Assistant Registrar.
(jell. In petitions under the Guardians a,nd Wards A ct, if
,. security is not furnished within the tim~ given by the order or, if
any ijxtension 11asbeen granted, within that Lime, the Chamber
I'o~ting Clerk should, after obtaining the orders of the officers
!Concerned post the petlt10n in Court. The Semur Decree Clerk
should see that the order i;; COlllill1unicatedto the Chamber Posting:
Clerk
GUS. The security bond filed in these cages should be sent,
hv the Diarv Clerk to the Registering Clerk who. after 'loting it
j~~ the Petition Register, shall send it on to the Chamber Posting
Clerk and the fact whether the security bond was filed or noll
should in each case be brought to the :o.oticeof the ~econd Assistant;'
Registrar'. The draft order nmy be sent to the Second Assistant
Registrar who tests the sernrity re<luired to he furnished.
lRO/7 --Il
162

GO\). TIl cases in which orders are made--


(1) transferringsuits 01' other proceedings flOm the fUe of
one jower Court to thatt of another or of the High Court,
(Ii) staying further proceedings in suits or other IJrOceedings
on the fJle of other Courts; and
(iii) Vacating the stay Qrders mentioned in paragraph (ii)1
above, the drafting clerks should specify the names or
the GoUI1i$
concerned at the foot of those orders and give at the time on
issuing such or,ders, copies thereof to the despatching clerk fo~
eOlU.lnunication to the Courts COnCel'lleu. At the~ime of it'suing the
oruen; refen"cd to in clause (iii) above. they shouid make a ;iOte .•.
in red ink on the plaint in the respective cases 0f the fact that
such an order has been made.'

6JO. In cfI,ses in which orders are. passed staying further


pl'ocee(lings in suits on the file of the lower COl,)'ts nnltilthe final
. dispo;..al of suits on the file of the High Court and there are no
suLseyuent orders vacating the stay orders, the drafting clerks,
sl10ulrl see that the fact, of the finl11 disposal, of such ;::uits is
communicated to the Courts concerned when the hnal decrees an'
issued. Such matters are to be treated as urgent.

611. Whenever proceedings in other Comts ai'e slayed by the .•.


High Ccmt (Original Side) pending any suit orll'iginal Fetition
on its file, the Court Clerk or the Chamber Posting Clelk, as the
ca~e may be, shall as soon as he receives the stay order and other
papers from the Court, make a note in red ink on the back of the
plaint or originl1l petition
tllat proceedings
or on some conspicuous
in the Court of
part thereof
, .. have
..
been staved. After the suit or original petition in ,vllich the
stay was' ordered, is finally disposed of, the Court Clerk shan
inv:lriably Dut up the stay order with the plaint or ori{!inal petition
and the other papers which he sends to the Senior Decree Uerk
for ;lmfting and issuing the oer,ree or final ordee-.

!11'2. Whenever an order is made. referring a ::;uit or matter


to the Offirial Referee Or ilirecting stav of further preceedings in
,
!
3 S11it or matter pending before him or" extending tIle time for tIle
fili~l[[ of. hie report or otherwiRE' wfl'peting the course of TJrneE'edin!2:s
before him nr the fo"m Or nat.nrE' of t11e report TD hefilea by llim,
th", material portion or the general purport of the said order shall
163

Iimmediat;e1y it is made and pending transmission of a copy o~


:the; order, .if drafted', be communicated t.o the Ofii.cial Referee by
the Hench Clerk in Court or the Chamber Court Clerk, as the case
may be. Copies oi ,aU orders and decrees giving diredions to the
OJ1icial Heferee and copies of all orders and decrees passed un his
repurts sbould be communicated to him as soon 8,8 the Originals
are signed. An extra carbon copy shall be prepared of suc~
orders. 1'he Senior Decree Clerk will be responsible for the,
obSerV:lIlCe of this order.
ta;L Certified copies of orders appomting the CHicial 'i'rustee
.. of I"Jadras as the guardian of the properties of minorfo, dc., should!
be il11merliately senot to him direct by the Senior Decree Clerk to
facilitate t:1ki'Qg early steps: An extra C[lrbon copy 6f the order!
sholllr1 be prepared' in such cases,
GJA. In cases where :Receivers or Ofocia'! Liquidators are
appointed by Court the order copy should be deliv€(ed \i'ithout any
delay whatever, maximum limit being two ,jay;;.
~
G15. Every order confirming or seHing asid9 sale;.:; held by the
OfJicl:J:! :Referee should be promptly comnlUnicated to the
Official Heferee by the senior decree clerk.

GIG.. "'Whenever an order for confirmation Or setting <'side salesl


is lIl:lde in a snit or matter which has been referred to a Commis-
sioner Or an Arbitrator, the material portion or the general purport
of the order shall be communicated to the Commissioner' or to the
Arbitrator, as the case may be, by the Manager, Original Side, by
'. ,means of a letter, and the Bench Clerk or the Court Clerk or the
Chamber Post.ing Clerk, as the case )TIay be, shall forthwith send
to tl'e ;\;Irmager, the papers containing the orders to enable him to
do so-

G17. Wlwre an execution RaJe is finally set u,side, a copy of the


order :::h:J11 he sent to the officer in whose office the sale certificate
has been registeredl. A carbon copy shall be prepared of such order
for c0mniunication to the officer.

1118. When the Court passes a decree or order under Section 31


of ihc Specific Relid Act (47 of 1963) for the cancellation
of ftll instrument regiRtered, under the Indian Registration Ad.
XVI of 1908, the Court shall forthwith cause a copy of the decl''''''
UIQ/7-11A
164

or order on plain paper to be forwarded to the Hegislering Officer-


in whfJse office the instrument has been so regi8tered. 'rhe Senior-
Deerer Clerk will see that this is carried out.
GHl. The peon in charge of sealing documents will t;eal them
ill dIe chambers of the Deputy Hegistrar, Appellat,e Eide. He
',,"iil FllOW the documents sealed to the Senior Decree ('lerk whO!
will see that the sealing is not defective. I' '
"
Execution.
620. The Execution Clerk will maintain a register called!
" }ixecrrtion Proceedings Book" in which win he entered the
..
number of the 1TIxecutionPetition, date,of applic31tion, Euit number,
nature of the application, date of orders and p'.trticulars of
disposal as. to issue of warrant and the dates of entering of pan
Or full satisfaction. 'rhe Execution Clerk shall SUblHitto the First
AssistantH.egistrar once a month a stateuwnt of execr,tion applica-
tions pending which will show the reason for tbe rendency in'
each case.
6:21. All Execution Pptitions shall be vouched and posted before-
the }'il'stAssistant Registrar for orders as far as possible in the
order in which they are received from the Diary except those for ..
appointment of Receivers in execution, garllishe(~ orders Rnd
procecrlings ngainst sureties which shall be posted before the
Master. Those marked urgent by the First AssistaI'J Hegistrar-
shall be dealt with expeditiously.
G22. Every application for execution of a decree or order by •
arrest of the judgment-debtor shall be brought to the Firsti
ARsidant. Registrar for orders immediat.ely after its presentation.
()23. (a) Attachment orders under Order XXI, Bule 52, Civil
Procedure Code and orders for attachment ()f decrees and orders,
under Order XXI, Rule 53, Civil Procedure Code will, when
received from other Courts, be registered by ,the correspondence
cIerI, in the current. register of papers receive:l iuto [lnd' originating
in the Original Sine office. He will then send them to the ,'xecu-
tion Clerk or the Head Accountant., as the case may be, for
necessary action. The execution clerk, on receipt of the same, wiu
make necessary entries in the register kept for the purpose and w11l,
as soon as possible, vouch the attachment orders and verify the
same whether they are in order and send them to the ACC')llnt3
165

Department for entering in the ledger. After sneh entry bein~


made, the attachment orders will be handed over to the corres-
.pondellee clerk. He will then put them up fur the ;:;ignatme of
the Secona Assistant Registrar, Original Side, return the original
to the (',ourt issuing the attachment order and send tbe duplicate
to the Hecord-keeper through the Diary Clerk. rrhei:tocord-
keeper after satisfying himself that the orders h:we been Hoted by
the Head Accountant Or the Execution Clerk, as the case may be,
will get them indexed and filed in their proper bundles. 'l'hese
lllUBC !JC done expeditiously. If at the time the attachment 01'1
Pro-oruer is served on the Head Accountant ~here is no 'Doney an
all to be attached or there is only a smaller sum than what is shown
in th(, warrilllt of attachment in deposit the fact and detail sllould
he noted hy the Head Accountant m the original <lnd duplicate
order St~nt t,o llim and the fact that. the attachment. was received:
ar:d returned so endorsed should be noted in Lbe Hegister.
(iJ) If what is attached is only a decree or order it will be
noted in the ledger page for the suit or proce2tlin~ opening one if
necessary. ''The prohibitory orders should be brought to the
notice of the Court when any orders are passed regarding execu-
tion, p:1yment-out, investment, etc.
624. In all cases '01' committal for contempt, the Bench clerk
'attending nourt will mark sucb orders as " Emergent" and return
the papers to the office forthwith in a reel tarc'. The JJraftingl
'Clerks will draw up the order, and the Execution Clerk 'I'ill issue
the warrant on the same day. If withjn three days of jt.s issue,
the Bailiff f:lils to execute the warrant he will ::It once report the
• matter to the Coud; anCl the Bench Clerk ;n Conrt will imme-
diately commnnicate the same to the Posting Clerk who will post
the ease for further orders or Court on the fourth day.
G2;'). Applicat,ions for sale certificates should he entered 3S and
'when rrceived in the Register of Sale Certifkfl te3.

626. Entries relating to return and re-present.ation in the


"Register of Proclamation of sale should not be mnde at a stretch
wIlen the proclamation is finally settled but then and there.

Taxaiion.
'f)2'7. Vonchers for taxing bills shall be received by tIle "Diary
Clerk and forwarded by him to the taxing clerk.
1M

'3:2". 1'ho taxed bill of costs should be sent to the, Diary Clerk
:u c~ filedand. sent to tIle Hocord-keeper who will get. it indexed
and kept in the respective bundles.

Probate and Testan{,enta1'y Cases.


G29. Notice to the Collector of Madras accompanying the
petitioD for Prohate or Letter of Administration should bear the
date of admission thereof 'and should, as far a.s possible, be &igned'
and despatched on the same day.

Bench Clerks.
G30. Bencll Clerks sllOuld stud')' the cases posted in Courts
beforo ]1:111(1 and see that the bundles are cOln.plete and that the
nec(,s8:;1'Ypapers and documents are aya,ilable.

Gal. They are responsible for the records ill Court. '"\ThEn
any matter is dispo~cc1of, the Dench Clerks in Court should imme-
diately separate tIle pleadings from the documents [md sena 'the
pleadings witl] the order of Court thereon and the records separately
i.n tl Ie Court elerks in the Record and get the illiti:l!s tlf the con-
Demed derk far the receipt of the records in '1 book kept for the
pUlp()~e, 'l'he Court clerk concerned shall immediately ('beck the
..
pleauing;:; circulated to and returned by t.he .Judge and if any paper
has !lOt.heen rccei\"ecl from the Bench Clerk he shnll at oncl'u'port
to the :\bmager.

(jB2, All urgent orders of Court should he sent through a special


peon immediately after they are passed, (the papers) being tied up
~vith red tape and the time marked in the bundle to the Manager
who shall direct the Senior Decree Cler1~to attend to them. at once.
All rapers presented directly to Court shall at once be sent to
tlw ManRger who shall send t.ltem to the.~Diarv to he filed. The
Bench Clerk sllall endorse on those p:'Ipers " Presented in Court"
and pllthis init.ialsand, date,

wm, In all cases in ,,,hich there is documentary evidence. an


the endorsements should then and' there be made on the ExbibiteA,
and llwExhihit" entered in tllC 1\TinutA Book. The Bench]
CI,~rks shall Rho see that. the Conrt Clerk prepa,res 8.n lnnex of the
exhibit.s after they hRve been marken.
16i

0:34. Documents ordered to be returned in Coud to the }..arties,


.::J ppearing in person or to the Advocates shall be returned 0nl)'J
after tbe Bench Clerks have obtained the signature of the parties!
appearing in person or'by .Advocates, in the case III the applica-
tir.]) for return.
.":::

C35. the Judgment-reserved


IJl cases, unless .)tile!'wise ordered,
it will be the duty of the Bench Clerks to senu OJ) .the day Oll!
\vJ\ich the judgment is reserved, all papers required by the .ludge
for writing the judgment. They will also send a.n)' books of
reference requi!~ed by the Judge far the purpose of the J udgp1ent..r
G3G. 'The Minute books should be cnrrectly and. nea tly wrItten
IIp. The l\T.inute Books should contain a. full and accurate account
of the proceeilings, giving the names of the praetitiOlleJ.'S' vvhoi
appear and for \."hon.1 they appear, the time when tIlE' trial begins,
tlll~ l1UiP.1eSa,nd addresses of the \vitnessas exan.lined and. the
Exll,bits marked. A note should be made by whom t.he j~xhibits
are produced and for whom they !l.re marked. In cases in which
C'")U1isel appear, the time tal{eu for eacb case should he noted. A
note of all adjournments and objections raised and d ease laws
e;itul shonld also be made. .,
,,. G37', All documents produced should be eX:11l1lnd before being
n1:1I'!,0d. II' :1"11." documents :1re not cluly stfl.nlilecl, tl1at fad
sl,'..Jl!1d he 'hl'ougllt to the notice of the Court.
1338. 'I'he Bench Clerks shall impouncl .:loemnents wl1el'ein
de!'icient stamp duty has been paid and collect the necess::rry stamp
•• <llity and penalty,
()39. Bench Clerks should examine the' :locument::; filed in suits
and proeepdings and see that they are not 'ldmitted in evidence
without the stamp duty and penaOlty, if any, due 'w them being
cullected, Bench Clerks, the Hecord.-keeper <lod the Court ClerJ,S'
SlJ(l1dd Dof.e .that when the documents produced are not; admitted,
:in ('vidence S11e1i'of them as are liable to stamp duty alJd p.l"ua,Hy;'
slJ()lIld not be retul'11ed but should be :impounded l1nd(~r Section 33
(\1' the Stamp Act. . , .

r,'1()~ Tn c~.,,!ps\\'here
consent orders or decrees are p'~sse? 'OJ

careful note should be made of the order Or Decree.


G.a, On Satnrda.ys .and other days when ihcy are not eng~ged
:in Court, Bench Clerks sho111il check the chargin.g at the .D~il;l;Y.
HiS

04:J. The presentation of plaints to the Judge in Court 8houlCU


be lJoted in the Minute Book.
(HJ. Bench Clerks should bring to the not,ice of the Judge an
the lime of disposal of pauper suits the que8tion of the pa.yment
of Court fees payable to Government so that the Court may pass
nec(;c,sal'Yorders in the matter.
..
t:i ~.4. In pauper
Suits where the plaintiff succ8eds, the Bench
Clerks ;1 Hending Courts should bring to the notice of the ,1udge
or Master and obtain orders as to the recov.ery of the Court fee
due to Government.

G45.. ,230nch Clerks will have power-


(i) to sign and' iss]Je Judge's Summon,:; rwd Master's
Summons; and
(ii) to sign and certify copies prepared for the Original Side
by the StaJi1P Copyist Department.

As regards (ii) the Bendl Clerks will see that the copies they
f'igr. ',Ire carefully made and in cases where copies are carelessly1
madl" 01' contain a. number of corrections or are prepared in <l tf'

slovenly manner, they should get fresh copies prepa,red by the


Copvist Department and bring the matter to the notice of th~)
Deputy Hegistrar. .

[Wj. 'They shall, hefore the ,york of the '~oLlrt. begins, check
the rlearlings received from the residence of the Judges and the
hnnJles delivered by the Court clerks in Court and sign the b~~l)k
ma,intained hy the Court clerks in token of their haYing [,aken
char;.:e of the records in the cases in the Jist. As cases are
disposer] (1f they shall at, the end of the day accnmpany the records
to the R"ecord room and return the papers, Exhibits. etc. (other
than those taken by the shorthand-writ~\l's)" to the respectiye
Court clerks ill1d ohtnin tl,eir signatnre in tllP hook maintailwd
for thF pnrpose. They shall make a note in that hook as to th~
papers with the shorthand-writers. Both;vhen taking and
h:Jl](1ing over charge, Bench clerks ;lnd Court derks mnst s:.tisfv
tJll'msr:lvrs that the recorils Are complete :"lnd thev ":ill not he
.1'e:lrd to say that they took it for granted that all +l,e napers were
in bllTlc11es a,nd were in order.
169

6"*7. 13enGh derks who get books trom another Coun tOt"
-reference in any _case shall return them to the Court from which
they were got immediately after the reference is over.
G40. Bendl clerks will bring to the noliGe ot the Deputy
Registrar any casea of inordinate delay by the Librarian in eomply-
jug with requisitions Jar books .
., (j.t\). \Vlwl"e the 1-k]}Gll derks feel reasonable Joullt as to the
;nppli:.:ability of tbe rule or section quoted:]) ,LIIinrerloGutory
;.appliC:;ltion, they should take the orders of the First As~istan~
n".'gi"trar bef.Jre issuing the applic.ltion.
(j.30. l3el1Gh clerks should see that at the time of issun Llw
,Judge's Sumrrnons or' Master's Summons is so wordei that an
jnleiligent and correct order can he d'ra'vvn up; for instance, \I here
'an application is made to continue a suit by or against the Official
Assignee the number of the petition and the date of adjudication
shnnl(l be siated. Similarly where applications are made" ta'
bring on record the legal representatives of a, deceased defendant I'
it shoulc1 he asc:ertained whether the suit is pending and if llot,
'the application should' not be to make the legal representatives,
parties, but for leave to execute by or againiOt the legal
~:repreBentatives.
(ji)1. Bench clerks should note neath ann legihlv Oll the cause
listfi tIll' result of each case simultaneously noting ii'in the Minute
l~ook and duly initialling them. '

ij5'2. The procedure laid down in Order XTV, Eu Ie l~, Ori~inaJ


Side l-(u1es, should ,he strictly followed. Bench Clerks should not
make the a,pplications undrr this rule retumabl", anI" on 'rhursr1r1Ys
as tl'e applications win be posted before the .Tadge en Chamber
days after they are ripe for hearing. If rmy A(]yor:ate desires thnt
his appliration 8hOll1<1be posted before the .T1l(lgr in the nrstJ
inst~nC'e. he may he directed to see (he 1\faster or his Brnch Clerk.
Tn 1he (,flse of 'applicfltiOllR for leave to sue, tlwy ",11n11 he posted
1lr,fol'e the Judge.

fi5:~. Bench Cler1,!" shml1il Illnke the necessflry endorRementi


'OIl pach Exhibit and also indicate the mark of each Rxilibit in the
hc!!innin!! of the ngreed bundle made under Order IX, Rllle24,
Original Ride Ellles, :111<1 at the head of (,Heh individll::tl copy in
it.
170

lj;:J.J. \Vhelll'\'er the .J lldge or the ::YIaster passes an order


dil'celiHg: tlll' .vlLlintill or till' deft'IHlaut to ~unJi,dl .vartieulars
n:Jatll1g to all,\ 1I1atkr ,;tatnt ill :lll,\" p1l'adiug, tIle Bench elel'k~
.:::lllJulduiJtain 1i1'I'I',;sal'Y dircctioll 01 Court for lull' penalizing any
dl:lalih 'i'l t!1( IJ:lrt 01 rill' part} lliredl'd to give such partieulars.

(j;:J;'), Till' l;l'llcll Clerk;; attendillg: the Courb "llould see that as
Soon :1-; 'H'del'S an.: P!'Ollouucet1 the eonnedcd .vapers. arc seut to
till' F"'liI'll !'OOIII forthwith and tllt' Hl'corll clerks sllould chEck
llh'lll lllllllt'di:ltl'1,\' and send tlWlll on to theUrafting bection. Any
1':qJl'rs !))".'SI'llll'd ill ('ourt in tiiOSl' 1.'<l"l'Sawl sellt to the Diary
l'ilTk should 1)(' filed ill1ll11,diatl\l,. and llimdl'd ,InT to till' l\ecord
l'll'l'k ',vithollt an,\' dl'Ja~' ,dlUtev~r.

fi:5(i !\1:11('1I('ll'rk.~ is,;uing a .Judgp's SU1l11ilOnS appealing


:lgaillsf, tI\l' Orders o[ tll1' .:\las,t'l' sllould fix ~l date ftn tIte hearing
or !i\l' ,11lflgl"S SllIlillions nol less tlJaIl 1.1 days from the date on
\\'lli,.11 it \\'<IS fi1l'd so :J,.; to PIHlhh' tllp pal'ti,:,s \'0 obtain copies of
till' "ld",j' allpl'alell against.

fiG!. '1118 C\wlIl!)('r Posting clerk should al.~o ycrity heflJfl' ;'lJ
Juclc;()'~ 8WI!lllOllS ap[Jecl:ing against the :\Iaster's order is postee
fOl' i:p;, 'qg that till' applicatioll of hotll thc AppdLmt ~lnd HespoD.- ...
d,'n:, jf :ln~, for ('opy of thp order appealed a~~ainst !las been
('Olllpii,.,J \\'itll :lml ill casp citlH'I' party has llOt appiil'c1 for a copy,
a 110tc ill l'I'llCil to that effpct will hi' lllad(, in some prolllill<'llt,
pari of the dockct "heeL
(i58. l':xhihits al1l1littec1 Jl] eyi(lence shall hc' In:lrkeG as
fn1~ws :-.-
i'!:,intit1"s Exhihiis,~'P-1, 1)-2, P-3, etC.
j),'i'l'll(h1lt's Ex1lihits,-D-1. D-2, D-3, etc.
,', "lit Exhihits.-C'-l, C-2, 0-3, etc.
Third Party Exhibits.-X-l, X-2, X"3, etc.

Rfrnrd and Runrd-lieeper.


(j:}\l T1l(' Origillal 8i(lp r('co]'(ls will he under tllPimJnediate
SnjhT\'isiol1 of till' 8('('0IH1 .-\"sistant Registrar snhjed to the
general control of the "First Asshtant Registrar. He 'Vill be
r(>spo1lsihlf' for ;11(' proper and ('xpr({itiol1i; "orkin~ d t1w Record'
171

6ection. The Second Assistant Registrar will report in writing:


to the First Assistant Hegistrar on any defects !Jt notices in the
f{ecord Room.
riCU. J'apers relating to tile record ,vill be suiJmitted to the
First or Assistant l~egistl"<ll'tlll'CJllghthe Manager, Original
~l'('\)j]J

Side
GGl. The Hecenl-keeper will be held responsible for all the
l(egistcls nwintained in the Hecord Section. 'l'h8 J"'gisters will bE-~
tlll'cked ;,~. the l\Tallager once a month.
fi62. TJIl" Heeol'd-keqJl'r is l'espo]]sible for secir,;~ that all 1h6
pll;,dings :!l'e c.ircLl1atL"dto the J'esidences of thp. Judges by tIle
respective Court Clerks and that the other papers in those 'c''tseSl
31',' I cady for being sen t to Con1'[s the next day. He will check
them before handing them to the Circulation Peons. lie will also
see that the papers are sent to Comt in time to the Bench clerks
to check them. He will see that the Record Room is not kl')pll
ope]) hcyon(l sneh timl' ;1", is ahsolntely necessary for finishing the
1"01'\ for the day .

. {)(j3, \<\71Ie]wve1'plainis are amended, d,.~ L\c('crcl-keel'er \"ill "


forthwi1:, ,l']H] t1l(,lll to the 11egistl'ring Clerk foJ' liial,ing the
.• l1pC'ess:py l'lltries in th0' Suit Hegister
[Jel. \\-11(,l'e a Dl'fenaant is granted Jea,-e +0 c1("fen<1a snit in
forlJllL , the Hecord-keeper \I'ill, as soon as the (1]'(10'1'
(1(1lI{J('ris il'1
received in the records, endorse the order in red illl, on the docket
,of 1111' plaint. This ,,-ill alsoiw noted in the cause list when the
sliit. i::; pusted fo]' t:l'ial 1J~-fl(lding the \ro]'(1s in hracl,et:" " Defcwbn\-
"pc-nper" u]](ler the numher of the snit in th9 Jist,
(j65. No Clerks, other than Clerks in the Record Room will be
.. permitted to enter the Record Room, but in cases of urgency or
in (,<'lse::;
of ,-ouching. Clerks will be permitted to inspect the reecrdR
in, any. ca,-:p.in thp TJre,-:ence
-. of the R('('ord-kpf'11er ~
()(iG, :\0 papPI' shall he taken oui of nn\' hnndle or file of j1a~,:ers,
nnlnss a]](l until n j1l'intf'd 1'('(' 0 rcl slip clllI,- fillpd in h,'- tilt' ('I"t.k
tal,ing ihp 1'('('0]'(1. is pinned io the index.
()G7. '\"0 nrlper ,-:llnll'lw taken olli: of th(' 11('co]'(1!'Oorn, unle,.."
~:Jd until it has also heen first pnterecl in the Recon:', Issue
ncgic.tp]' in tIlE' form c:i,-en helolY. Tnitials of th!' (,lerk ~akin(..
out the pnpers must he ohtained in this register

"
172

-Record ISsue Re!fister.


Number of the case
or
'number of the of
Nature
papAl.'
Index Number
of the papel'
So I:i.
o '"
..... ••.•
" ;;
>::
~
ciJ

'"cO
Proeeeding. takon. taken out.
.0 '" <D
~.~ ..,'"~ "'..,
..,'" 8
oM <e •••• al •••
~ A A ~'"
'(I) (2) . (3) (4) (5) (6) (7)

(jllS. The responsibility of the clerk signing the record slip


\',:oil1continue us long as the slip remains in the file. Clerks must:
HCC th[lt sLips are retul'ned to them when the papers 81'e bent back;
tG th~, .L~ecordroom.

(j(j~.When papers are being returned, the date (if return s1la11
he entered by the Assistant Hecord-keeper in the proper colUIIlIl:
of the register and he will check the paper returned and, if ,in
onkr, cancel the slip and hand it back to the clerk. '1'he pa}JerJ
retnl'necl to the Hecol'd room shall be immediate-ly given to the
,A ttend'er-in-charge, for the purpose of being put back in their!
respeative bundles or files, and the initials of the attender taken]
ill the register.

mo. 'All clocumentsfiled in the office are to be sent to the


l\ec:()rd-l\e(~pel' immediately after they have been filed and shaH
then bp. en!terecl' bv him in index A. All documents 'which have
been ohtained frOl{; the H8cord room shitll he rebll'fied a.s soon. asl
possible.
G71. rl'he Bench clerl, will send to the Hecord, the records of
Bar}] case as soon aR it is disposed of, and rh,,' nw~onl-keeper wilt
iJpon receipt thereof at once send the materi'll papers to the office
fcr preparation of the Order or Decree.
67:2. Chamber applications shall be sent to the Record and:
en tered in Index A.
Gi3. The Court clerks or the Chamber clerks. as the case may
he, \'\':11 ell.ch day, 8eter checking the exhihits nIno. send the Bench
Clerk's Minute Books (Chamhers, Final Disposal, Reference, etc.)
and the -records reClllired for drafting decrees 8n0 ()J'(lers to the
~('ni('r Decree Olerk.
173

674. The Posting clerk will send to the CO,urt derks a, c')PJ.'
of the daily cause list, noted with the orders Vasi;l0d tl1a.t da~.
015. A register will be maintained-simila.( 19 the' one main-,
tained for documents sent to moifussil Courts-i,n 'which the records
tila t go out of the office will be entered.

07(i. (a) For all papers sent to the Judges £r:oIJ;lthe :t{ecord fl!,
. circulation register will be mairitairied by the COllit clerks andJ
the r::hamber Court clerk with the following :}olull1P.s:-
(1) the date on which they are sent,
;0

(2) the name of the Judge to whom papers are sent,

(3) the nature of the papers sent, and


(4) the date on which they are received uaok from the.
J uage.
(b) The Cour~ clerks and the Chamber Coun clerk will be,
respcnsible for its correctness and will bring to. ;,h~ notice of the
Second Assistant }i~gistrar any case in "which the pa,pers have not.
been received froH~ ihe J uc1ge within a reasonal}l.e time for the
-ImrjJose or reminding the Judge.

Production of Records before Cou,rt.


677. Where parties apply for the production of records of a ease.
before a Junge for t'he purpose of making any application therein,
the case is not to be placed in the list unless ttwre is a writte~
application (petition or Junge's Summons:): but the records 3,re to.
be prodncen in Court to enable the party to mention the case.
f:.7S. The Official Assignee, ]'yIadras, need not be required to"
obtain sal1ction on a Master's Summons under Rule 3. Order X of
the Rules of the High Court, Maaras, Original Side, 1956, to inspect'.
111erecords of suits, parties to which have become insolvents and'
their esta te vested in him.
fj70. Records from other Courts which are produced in tlle High.
Court shonln not be retained beyond such time as is. absolutely'
necessary.
174

Duties of Court Clerks.


600. Immediately au receipt of tbe intimation in writing of the
addition of new cases from the Posting clerk, the Court clerks
will satisfy. themselves that the papers in the caseS' are complete
ior elrculatlOn. 1£, however, records are uot available or are
lllcoruplete in any case, they will imllwdiately reporu this in wriliug
through the Becord-keeper to the Manager. They will circulate
,the ple'1c1ings to tile residence of. the Judges in the evening.
next day, they will accompany the peons carrying the I::undles of
The ..
pa pel'S in the cases to 'the Courts aud deliver the rccords to the
Bench clerks and obtain their signatures for them in a book kept.
for tile purpose.

Duties oj Attende'l's.
G8l. (a) The attenders employed in the record: will be in charge
of the records of the particular years assigned to them by the
Second ASeistant HegiS'tral'. They will be held responsible for the
LOmpleteness of the record of the cases in their charge. 'rhey
should get the papers relating to thB cases in their charge indexed
by the clerks and keep them in the proper or~~J,in the hundles. It
WIll be the partICular duty of tbe attender to'secc that no paper lfi
t.akelJ out of a bundle without a record slip signed by the clerk ..
concemed including clerks in the record room. "Vhen any pape,'
is taken out of a bundle, the Attender-in-charge will pin the slip
signed by the Clerk to the index sheet. 'VVhen papers are returned,
he should' immediately replace them in the proper place and ordet
ancl hand back the record voucher to the Assistant Record-keeper,
for being ca,ncelled and! returned to the clerk concernell after making
the necessary entries in .the Becord Issue Register.
(b) Serious notice will be t.aken of neglect, 0]' carelessness in
bis (:nties on the part of any att.ender. The attend,31'S will work
under the immediate supervision and ardors of the Ttecord-keeper.
(c) One of ihe attenders named will help the Probate Clerk
in picking ant papers, e'tc., whenever required.

INTERPRE~'RRS .

\iQ2, '1'11eRe~i()r Tntel'Tlreter will have charge of the Interpreter'"


rooms, and of the keys of the alrnirahs fj,nd hoxes therein in which
rl'conls fj,re kept and will see that the almirahs and boxes are kept
175

locked. The rooms will be duly secured \vhen the oLl'tceis closed
and t1le keys delivered by the peon to the Overseer In ;1 sealed:cover.
The Senior Interpreter will be held responsible for the safety of aU
original records as long as they are in. his department; and ,when i~
is necessary to entrust the original records to the Clerks in the
ctnce, he will personally see to the delivery thereof in the mornin~
and the collection thereof in the evening, and that they are secured

I in the almira-hs and boxes and do not remain in the custody of the •
Clerks. .
683. Original records which are sent between the Interpreter~
and the Record rooms will be enclosed in a locked box.
684. :No person shall be aHowed to enter the Interpreters' room
for any purpose other than the expla,nation of documents and the'
verification or' affirmation thereof. Applications £OJ!, the translation
'Of documents must specify the portions which it is desired, should
be translated by' reference to page and line and if lwc.:essaryto words
at the commencement and end of each portion.
685. The certificate of explanation attached to pleadings 811;111
stridly conform to Form No. 8 in the Original Side Rules \\ith
the necessary modifications for documents required to be verified. ,
GS(j, The address of tpe parties by whom. Court fees are payable
to Government will be furnished to the Govenmwnt ""leader in an.
1'aup!:r Suits.
687. The age of minor parties should be stated III al~
proceedings.
688. \iVhen the ca,use title is amended the numbel'S of the
parties should not be altered. A party added should be desigW1ted
by a new number, Address and description should be a,dded hy
amendment in the body of the plaint.

I
\
689. When the party desires to alllend his sch~dule in accord-
ance, with the Order of Court, the amendment should. be made in
the presence of the R'ecmd-keeper and the amended schedule shouB
be re-sworn by", tbe party before the Commissioner (In~'el'preter).
.

! 6'.10. (a.) Applications for the amendment of der.rees and orders


or for review of taxation sllOnjd, before being- TJostedfor orders, be
sent to the Senior Decree clerk or the Taxation clerk conc.erned,
176

respectively, who will s(;l'utinize the grounds of the application and


take the matter 10 tile notice of the }j'i]'st Or Second Assi,tant"
J\egistrar as the (;HSelilay be. '1'he Cle]'ks concerned "willdeal with
t1wse applications prolJ1ptl,\"so that tllere lllay be no delay in
po:;ting. " -

(b) After ord('r" are passed, the drafts of the onlers will he-"
prepared by the de]'].;,,;cuncerned, except in the ca::;(' of taxation
matters which wiil be prepared in the J'~xecution :;ection.
(jUl. All Mastel" s Summonses for cllange of Practitioners shall,
befure being posted before the Master for orders, be sent hy the:
Chamber rosting clcrks to the Senior Diary clerk fo~-scrutiny ail.
to whether the l)raetitioner alrear1y on record is in arrears of any"
fees due to the High Court. If the re3f'On for the chan~r song-ht
for is obviously the arrears owed by the previous Practitioner, this..
fact should be noted and brought to the notice of the Master.

Cause L1:stS.
60'2. 'rhe printed cause list of several Benches on tlw Original
Side will be delivered to the Cause List Contractors by the :Foremanli•
Government Branch Press, High Court "Buildings only on theil~.
paying to the Head Accountant the 1110nthly suhscription, in
advance, before 4 p.m. on the last working day of the previous,
month.
693. The printed cause lists intended for tllC usc of the OffIce"
should as soon as they are struck off be handed over to the peon at
the " para ". ~. I
Copies of Jtdgments, Decree and Orders on Oriyiiwl Side Appeals.
694. (a) Copies of judgments, decroos and orders in Original
Side appeals received! from the Appellate Side will lJe Rcrutinized
carefully and the results noted by Registering and T'asting Clerks
in their registers and the fact noted und'er their initials on the copiel:'i,
themselves before they ar.e sent to and filed in the records: they
should also be sent to the Senior Decree clerk for perusCll. These
Clerks should not detain the papers unnecessarily. The Record-
keeper will satisfy himself before they are filled in the records, that
they have been seen by the RegiRtering, Posting and Senior Decree.
Clerks.
J.77

.(b) In case, th. Order orD~ee in q~e8tioni& such ,1;1:1,&5.~


bxecution, 'l'axation or any other clerks, should a.lso note it, .the
.Mana.ger will send it to the Clerk concerned before it is sent intq
the r~rd through ,the .Diary.
695. When notices of appeal, decree'S and' ardell:; of remand or
digmissal are received from the Appellate Side, the said notices,
orders and decrees should be immediately filed and sent for entry
ill the Suit Register, and the entry will be initialled by the
Manager. In cases of remand, the Manager should also initial the
Posting Clerk's Hegister and see that in cases where the matter i~
referred to the Commissioner/Official Referee, the Commissioner/.
jOfiicial Referee i~ informed and if necessary, the papers are "tnV to
him. In the case of notices of appeal, the Manager should jniti~l
,the Appeal Register in order to check and prevent delay in sending
material papers to the Appellate Side. .
0I:.l6. '1'he COlTespondenceclerk will maintain a.register of letters
received from' the Advocates in the prescribed form (High Court
No. 686).
697. '1'he Correspondence clerk should enter all the P\lIers
received in the Original Side and originating from the Original
Sid8 Office (including tb9se received on the Ap.pellate Side and sen1t
to the Qriginal Side which l'lhould be given separate Original Side
JiUmbers) in the Register of papers received in :md .)riginating' froml
~e Original Side Office. The disposal column in the Register
should be filled up by the concerned clerks immediately after
disposal.
Receivtlu' Accounts.

698. All decrees and orders relating to the appointraent or dis-


charge of Receivers, GusTdians, Committees and Official T...Jiqui-
daters, or containing anydireetions to them, shall be se'nt a.fte~
approva.l to the Receivers' Accounts Clerk for being entered in the
Register of Receivers' Accounts, No such Decree 0:' 0rder sl13,11
be filed in the bundle by the Record-keeper unlesR it bears the
initials of the Receivers' Accounts Clerk as having heen entered.

699. The Receiver's Accounts Clerk will maintsin I,he Registor.


of Receiver's Accounts in the form given below and enter therein
:111 "ppointments of Receivers, Guardians, Committees a,nd Official
189f7-U
178

IJiq~Idators. He will. also maintain a Dairy noting therem the


partIcular dates on whICh the accounts 'naIl due as well as the datM
fixed by the Second AssIstant R.egistrar, Original Side , for paRsing
them. R.eminders will be issued under the ai-del's of the :J\lanager.
Original Side, to sucb of the parties who either fail to file or get
their accounts passed on the du:e dates. '1'he Hegister will he
submitted to the Second Assistant Registrar, Original Side,
fortnightly or monthly as he may direct.
:B'u:n Sllbject. Clerk to Dai;e and
t>erialll'.l'11b3r
whom w:lOm given. malluer of
and date.
received, disposnl.
(2) (3) (4) (5)
(l)
1

The column regarding "date a.nd manner of disposal " will be


.
filled up by the concerned clerks (H.C. Form No. 835) .

700. In cases where the rights under a security bond lue 1rans-
ferred to a party the security bond will be handed over with a
;;eparate deed assigning the hand in favour of the party.

70'1. '1'he Official Referee can call for any paper froIn: the
Original Side Office for his reference.
70'2. When payment of Commisf?iollin respect of any sale is
received by the Official Referee, he will. purchase Court fee
stamps with the amount and send them, after due cancellation, to
the Assistant Registrar, Original Side through the Headi
Accountant who shall check the stamps, make an endorsement on;
the couhterfoil of the cheque relating to the C.ommission to the
e1fect that stamps have been purchased for the amount and. obtain
the Registrar's initia.ls.
703. A Register showing the amounts of tbe Commission due in
respect of the Sales held by the Official Ref~ree, the dates of the
orders for their payment and the dates of the deposit of the stamp~
will be maintained in the office of the Original Side hythe recon1
staffiand it will he sent to the Official Referee and the First
ASBj~\.anii Registrar once every month for bei.ng checked. 'The
several columns should be filled in a,s required in the Register.
• • ~t ~
179

INSOLVENCY OFFICE.

'I 70,:1, (a), ~'he Manager (in the category of Bench Clerks),',' will
suberyjse arid e~m(trolthe work of the Section and is responsil:lle for
the work b~iilg performed' efficiently. .;
I (b) 'fhe Insolvency Petition, Application and other Registers
sh'ouid be clH~ckedregula,r1yby 'the Manager' at leastorice it 'nionth.
lIe should see that disposals are properly entered in the Applica-
tion Hegisters and that cases not disposed of in a reasonable time
9.re brought to the notice of the Officers concerned.
705. The Diary Clerk will adopt and follow the instructions
given to the Diary Clerk on Ithe Original Side.
70&. Insolvency Petitions admitted will be entered III the
Insolvency Petition Number Register.
707. Members in charge of registers should see that all the
columns in the registers in their charge a,re duly and properly filled
up.
708. (a) Insolvency Petition Register shoula have its page&
serially numbered in print. Insertion of fly leaves should be
•. avoided and when the page is exhausted the entries should be carried
over to the next available blank page.
(b) 'fhis Register should be properly maintained and form II
Gomplete record of the case., Gist of orders in applications together
'with the numbers of the application should be entered in the
register.
709. At the beginning of each year all the applications pending
at the end~of the previous year should be carried forward to a new
~egister. As soon as an application is dispos1edof, the date of
disposal should be entered in the application register.
71.0. The register of return of documents should be kept in the
form of Civil Register No. 24 and the exact pendency of
applica,tions should appea,r from the register.

711. The posting Clerk and the record clerk should go through
t.he minute, book every day after the Courts have risen. note 1,he
directions contained therein relating to posting and recoruls respec-
tively and initial the books in token of their having seen them.
,
18C

112. (a) The posting clerk will be guided bYllhe instructions


given to the posting clerk on the Origirial Side, and adopt them
suitably. He will maintain the Hearing Book properly and ~~
he responsible for the proper posting of all cases and &Pplication8~

(b) He will note in pencil at the bottom of the reverse of the


docket sheet of applications whether the party taking out an appli-
cation has not served any, and if so, which of the parties, whenever,
notices to any of them have been taken out. He will also note
whether an affidavit of service, counter-affidavit or reply affidavit,
or any other paper ha? been filed whenever the Court has directedi
the filing of such paper. This is necessary to draw the attention
of the Court disposing of these applications to such matters before
any orders are made.

710. Unless otherwise directed, Insolvency work will be posted


before the Judge on Mondays, before the Master on Thursdays and
before the First Assistant Registrar on Wednesdays after lunch
(P. Dis. No. 715/61) .

.•' 714. The Judge's list for Mondays will be settled on the
preceding Friday at 11-30 a.m. by the First Assistant Uegistrar.
'1'he Posting clerk will put up a. notice of such settling of the list
on the' previous day for information to the Practitioners: and the
Official Assignee.
715. The Clerk in charge of the Deflmlt Hegister should give to
thb Posting clerk, from ttime to time, a list of cases in which default
hag been made and the Posting Clerk should' see that all cases of
default are P9sted, from time to time, far orders of Court.

716. (a) '1'0 avoid errors in the monthly statement of work done
by the Mastel', it is necessary that the Posting clerk should main-
tain a separat-e regiswr far all application!?, petitions, etc., "[.:osted
before the Master in the following form:-
Number of . Dat,e of Fit'st Adjournment, Date of
"pplic:lt,ion. filing. posting. if any. disposal.
(l) (2) (3) (4) (5)
181

(b) TJ,le Register will be sent to the Masier every month and
tLe e.tries in the Register will be brought up to Jate before sub'-
mission to the Master.
717. '1.'he Posting Clerk will maintain only one Application
Hegister entering all Judge's Summonses and Master's..summcDses
giving one series of numbers for all applications. J;'or purposes of
preparing the statement the applications before the Judge and
Master will bear distinguishing marks in the Application Register.
718. The Posting clerk should see that the list of pending
Insolvency mattersl and the list of cases pending Public Examina-
tion a,re brought up to date during the Christmas and Summev
Vacations.
719. The Posting clerk will be responsible for the circulation
of papers to the Judge and shall also check all the papers received!
back from theJ udge after circulation and after orders are made.
. .

1720. The drafting clerk will follow the instructions given to the
drafting clerks on the Original Side in drawing up decrees and
ordp-rs.
721. No application for payment of unclaimed dividend deposited
with the Registrar shall be issued without obtaining an endorse-
ment from the Office of the Official Assignee as to the actual statel
of funds.
722. (a) The drafting clerk will vouch all execution petjtions,
Mastcr Summonses, and Judge's Summonses.
(b) He will also, while vouching applications see that the'
names of the applicants and respondents are mentioned in the cause
title and return them if they are not so mentioned.
(0) When defective applications are returned for rectificationp
a time should be fixed for compliance considering the nature of the
defects. If the application is not represented within the time fixed
it should be rejected. In any event the time fixed forrepreBenta~
tion should on no account exceed the time within which the
proceeding had to be filed undler the rules or a.n arder Qf COur't.

723. (a) In all cases where the Official Assignee a.pplies for
\Va.rrants to be issued under Section 36 of the Presidency Towns
Insolvency Act, the Office of the Official Assignee shall be requirec:1
to furnish all pa,rticulars about the witness to be arrested namely,
182

Father's name, Caste, Age, Residence (Name of the street and


number of the house in which the witness resides) and occupation
of the witness before applying for the issue of the VI! arrants. If
the above particulars are not furnished by the Official Assign,le's
Office along with the application for the issue of vVarrants, the
Warrants slnmld not be issued arid"the application shall be posted
again before the Master for orders .
. ,(b).,lf the Offi.ci~lAssignee does not apply for the issue of
Warrant.s within a period of four weeks from the date of the order,
the application for the issue of Warrants shall be automatically
lodged or cancelled.

724. Execution Petitions where no steps have been taken by the


decree-holder may be posted before the Master for di.smissal under
Rule 41 of Order XXXIX of the Original Si.de Rules.

725. Applica.tionsshould be indexed a.nd papers therein sub-


indexed aa early as possible and their indexing should not wait
Ul{iil they are finally disposed of. The number of the application, ,
and the date of filing should be stated in the index. 'fhe proper
order of indexing will be-
l. Petition and vakalath.
2. Master'S! summons for adjudication.
3. Affidavit in support of No. (2),
and so on chronologically.' Th81 sub-index n.umbers should be
"tated below the general index number as follows:-

9/1,9-2, etc.
726. (a) Left top corner of the docket is the normal Flace for
general'iirdex number a:nd no other serial number, e.g., numbers
of the applications for copies or for return of documents should be
marked there. They may be noted below the cauSe title to avoid
confusion in picking up the papers refered to in the genera.l index
of records.
(b) P~titions ml1morand'3 should a,lso be indexed. No paper
should be cjr~ulated without being indexed.
727. Tne Copy Comp1ying clerk will follow the instruction~
relating to the gra,nt of copies on tIle Oi'iginal Side.
183

7:2.t:>. (aj '1'he 11,ecord clerk will generally follow the lIlstructioDS
given to the Record-k,eeper of the Original Side and the attender
will work under his directions.
(b) The Hecord clerk will maintain a Record l~eceipt and a
Record Issue Register. '
(0) A separate Register need not be :Kept for records sent tQ
the Official Assignee. '1'he entries relat.ing to such records should
be made in the Record Issue Register.
Cd) The Becord Clerk should see tha,t all papers bear the seal
" Piled" before they are' indexed and kept in the respective
bund'les.
729. Records from other Courts which are produced in 'the High
Court should not be retained here beyond such t,ime as is absolutely
necessary.
730. Parties failing to take documents ordered to be returned to
them within a month from the date of the order should file a fresh
. application for return.
731. The Official Assignee, Madras, ahlill not be reguired to;
obtain sanction on a Master's Summons for inspection of records.
732. Orders of attachment received from other Courts shall be
registered by the Hecord clerk in the current register of papera'
received into and originating from the Insolvency Office. He:w~
then 8c1l<1 them t{) the Drafting clerk or the Accounts Department,
as the case lIllay be, for necessary entries being made in theirl
registers and returned to him with a note under their initials that
they have been noted. 'rhe Hecord clerk will then take steps td
return tl\e Original to the Court issuing the attachment order and
get the'duplicate indexed and filed in the proper bundles. Thi,
must be done expeditiously. If at the time when the a.ttachment
urpro-order is served on the Hea,d Accountant there is & smal1el1
Bum in deposit than what is shown in the warrant of attachment,
the fact should be noted by the Head Accountant in the original and
duplicate order sent to him and the fact that the attachment was
received and returned so endorsed should be noted' in the Register.
The Prohibitory orders should be brought to the notice of the Court
when any orders are passed regal'ding execution, payment out,
investment, etc.
733. A Petition by a creditor should contain the verification ati
the end as in a plaint together with the affidavit of verification.
184

. ?34. Sec~ion 36 of the Presidency Towns Insolvency Act cannot


be Invoked' In a case wherein the liability is the result of certai~
transactions which the Official Assignee had in the course of the
Administration of the insolvent's estate with third parties subse-
quent to the ~judica.tion. The operation of the section sh!JUld b~
restricted to the di~cQvery of the properties of the imiolvent.
735. Advertisements made by the Official Assignee. in the
Government Gazette regarding notice to declare dividends should
be separwted and .filed in the Insolvency office so as to enable the
office to verify advertisements before posting proportion accounut
before Court for dividends being declared.
736. If the debtor states in his petition for adjudication that he
is a " Pauper" as defined by Order I, Rule 4 (7) of the Insolv8:ncy
BuIes, the Office should merely on the strength of the sta.tement in
the petition that he is a pauper have his petition admitted and
tiled, according to the Rules.
737. Every Petition by a DebtOl' should contain an averment as
to whether the debtor has or has ndt filed any petition in Insolvency
pr'eViously in this Court or in any other Court and if the debtor is a
Government servant he must inform his Official superiors of his
infention to file his petition in insolvency and should sta\te in the
I
petition that he had done so. .• I
738. Master's' Summons under Section 36 of the Presidency
. rrowns Insolvency Act taken out for directi~ns to debtors outside
Madras and for amounts below Rs. 10 need not be issued. A9
regards debtors within the City of Madras, Master's SummonS!
under Section 36 may be issued even in cases below Ra. I? •

. SHERIFF'S' SECTION.

739. The Sheriff's section will be directly under the control of


the Deputy Sheriff (a member of the High Court establishment)
. subJect to the overall control of the 2\Tanager, Original Side. H;is
duties mainly are:
(a) to arl'llnge for the proper distribution of J'rocesses;
warrant; etc., Ito all the Bailiffs for execution.
(b) to assist the Sheriff of Madras in convening public meet-
ings, or entertainments as and when required by tbe Sheriff of
Madras.
'1 185
~~
(0) to attend to the sale of an,ovableand immovable properties
attached, under the necessary orders.
(d) to attend to general routine work of the section such as!
signing, return of Processes, etc., by the Bailiffs, Certificates,
Notices, eW. .
(0) to deposit moneys, collected by way of sale of attached!
.. pro]]ert,ies, to the Accounts Department and be responsible for all
the movable propedies attached, and
(1) to supervise the work of the clerk and Bailiffs :md to see
that the registers under his charge are maintained properly.

740. The Clerk of the Sheriff's Section will be responsible for


the registering of letters, G.Os., Insolvency no"tices etc., and fon
the' despatch of all correspondences in the section including return
of Processes and for maintenance of the following registers viz. :
J, 1. Register of summonses,
2. Register of Processes issued III Insolvency for execution,
,r •
3. Inventory Register for attached movables,
4~ Register of fees,
5. Register of warrant of attachment,
6. Register of warrant for sale and
7. Personal Register.
741. 'l'ho Bailiffs in the section will be responsible for 1h6
• proper and speedly exeoution of the Processes entrusted to them..
They will endorse, on the returns, the manner of service , (.tc.,
which should be duly signed with date. Attached goods realized in!
f •
execution, by the Bailiffs will be kept in the High ,Court's proparty
i room until such time orders for necessary -disposal are obtained.
The Bailiffs will hand, over all moneys, realized in execution to thEj
Deputy Sheriff immediately on receipt. The Deputy Sheriff will
:'lisa forthwith cause deposit of the same to the Accounts Depart-
ment for proper custody and for bringing into account. Th~
Bailiffs will maintain the Processl Register in High Court Forml
No. 771. They will also submit a weekly statement showing the
pendency of Processes at the beginning, received and disposed of
for the week and the pendencv at the end of the week which will
be placed before the ]'i1'st As~istant Registrar, Original Side for
perusal.
189!"-1~
PHOTOS'l'A'l' SEC'l'lON.

742. '1'he (Chief) Photostat Operator who should be well con-


versant with operating on the machine, will be responsible for the
proper functioning of thc section..He will be assistel1 in his work
.by the Assistant Photostat Operator.

143. T'he duties of the Photostat Operator include besideSi


operating on the machine the maintenance of :the following
J

registers, viz., Stock book, Daily statement of, work, Machine


maintenance register Register of work done and charges collected.
J

lle should registera.l1 cases received frpm other section for purpose
of taking copies on the Photostat, make necessary entries in the
relevant registers, gjve estimates to all plans to be copied, return
the originals to the respective sections after the Photo'ilt1l.tcopie.
'are taken. He will attend to all correspondence relating t()j
. Photostat work.

744. '1'he Assistant Photostat Operafur will discharge the func-


tions of the Photostat Operaitor in the absence Or during the. leave
period of the latter. It is the duty of the Assistant Photosta,f}
Operator to see that any defects or repairs to the machine noticed
are immediately brought to the notice of the Photostat Operator and,
the Mana.ger, Original Side. and that necessary. steps are taken to
rectify !jjhe dlefects/repairs immeaiately. The machine mainte-
nance Register therefor should be duly maintained. '1'he
Assistant Photostat Operator will assist in the preparation of
chemical solutions, feeding of the originals 011 the subject board of
the ma,chine, washing, trimming, sorting and arranging the photo~
Atat prints and in the upkeep of the machine.
---------- -----.",. II' ---
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..

\~"1

JUrNEX'l1.Rft,I.
REGISTRAR
p-- --- •••.•..• _-."..
+I
'~T--'-- ,II-v--------_......- __..
---..,. : "V'" -

f
l\Iaster Deputy
I I I I !I.-_ ._-.
Registrar.
OfficialReferee. First: ASSistaIit
Registrar,
Private
Secretary to the SpeCIalOfficer
A sistant
I:J
Second Assistant'
I
Special' Officer
I

Original Side. Chief Justice. (Pondicherry).

I
'F
R gistrar, Registrar,' Vigilance Cell'
APl JUate Side. Origtnal .side,

1:/
SubiAssistant
I
!
/
Registrar.

r--'--' ,----_ +---------,-.,


Administrative
Dep~r~ment. I
I /

i ~'--.A.'7L~
I'ff'
I
I nsolvency
/ 0 rlglOa I e
' "II SOd Sherl s I ;/ I
Office. (Main). ~ection. I, I
Interpr:eter'~.. / Original Side.
.Se;l';~~9:it.
:/-'
. Records Section.

,
,,?
/~-'-'-_' _.._'~/~_:/'-
,
J~~----_
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I
Registrar
(Judicial). \
«(
. Section. (B, C, D. El Find Rules
Revision inciudilg Library,
A D "",o'""!"o('"'tion"y)
(including
TapFal Section).

- T-----y\--=:---T-~.~~~.l
---r------T- .....
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'Sho"",,",
Writars' Section.
API!"'"
Exammers'
S~ction
(includmg Court
Fee Section).
B~oh 010,1<,;'
Department.
'O<j;,ial.
Department (Mam)
(inclu.d,ingNotice,
FIling. and
Posting Sections).
C,bninal
SectIon.
_Ii"\(mcludmg
&een""

Judicia.' ~'.M""ers'
SectIon). '
St_p Il
ory
I::ie£,~.;n.
I
;,,,, T""'''''''?n.,
Prmtmg

I
Department.

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Trr.nsLtion Translaton and pressjcopy""\ vernLular supreml Court


,189/7
'oc'ion, Pdntio. (M""'). hOOio~ .'\ / ""d, Soo<Ln.

:1/'
7
/v.
ANNEXURE II.
rrHE REGISrrRAH.

r1'he Regist.rar has overall cont.rol over the entire g,dminis.


.. trat.ive and judicial work (including the Original Side) of the
High Court.

• He deals wit.h all administrative correspondence with the


Government, Subordinaite Courts, etc., in regard: to Judie-i'll
Officers, Staff, BuIes, Legislative Bills, Establishment and
contnuance of Courts and Staff, Finance, Statistics, }1'orms
and Library. He is the appointing authority for the Hii~h
Court establishment up to the grade of Special Clerks/
Translators. He is vested 'with powers to re-appoint, or
promote members to the category above that of Special
Ulerks/Translators. He controls the expenditure of the
High Court and signs all Cheques, Establishment Pay Bills,
etc. He attends to the distribution of briefs in Referred 'l'rials
etc., and passes the receipts of the Advocates for their fees in
that behalf. He is in charge of the entire High Court Builrlings
.• and attends to correspondence . relating to allotment of
chambers and garages.

All the Officers of the High Court exercise their respective


powers subject to the general control of t,he Registrar and they
are expected.to assist the Hegistrar in the d.ay-to-day adminis-. o
tration ,of the various functions in the High Court.

189/7-13.&

.•. _----
l-
MAS'I'ER. I:
i
He has to pass decrees and dispose of applications under I
Order VII of Original Side 11,
ules, in cases where -leaveto
defend is not granted. He has to pass orders for confirmation
of sale. All applications relating to the matters referred to in
Order XIV, Rule 10 of Original Side Rules will be di8pos~J
. of by the Master. He has to deal with all Chamber Applica-
tions posted before him: in the first instance and to issue appro-
_priate directions, before they are posted in the Chamber list.
He has to take evidence and record his findings in liqu~dation
proceedings, etc., and in cases referred to him by the Court.
,1' He has to deal with all Execution Petitions. He has to admit.
suits filed under Order XIII of the Original Side Rules. He
holds public examination of insolvents, besides the First
Assistant Registrar and ,decides applications for adjudication ot '.
insolvents on petitions by debtors. He di8poses of ,lll
Interlocutory Applicatiuns and Garni31lee. summonsef; anJ
summonses under sections 33 and 36 of the Presidency Towns
.Insolvency Act. He passes orders in all matters set out under
Order XVIII of the Insolvency Rules.
The ,following matters will be posted before the Master: _.
(i) CQurt Fee references in all categories of cases'.
(ii) Master's Summonses in Suits and Original Side
Appeals.
(iii) De,fault in payment of batta for service of notice]
etc., in various categories of calrel.
(iv) Passing orders on batta filed III • Stay' anc
• Injunction Order8":~
,---------------------:"..,.:;;" ;;;::0,-------------------

189

On the Administrative side, the following subjects are


aittended'to by him :-
(i) Applications for Temporary Adva-nce, Part-final with~
drawal from General Provident Fund.
(ii) Conveyance and House Building Advances.
(iii) Audit Report's rela,t:~ng to Official Heceiver :md
Official Liquidator.
(iv) Transfer of members of Madras Judicial Ministerial
Service (below the rank of Sarishtadars), l{ecol'd clerks and
lJast Grade Service personnel.
(v) Continuance of temporary staff 1Il Subordinate Civil
and Criminal Courts.
(vi) Renting of Private buildings by Subordinate Courts.
(vii) Sanction of Permanent Advance to Subordinate
Courts.
(viii) Library superVIsIOn and maintenance in J egard to
.- the working of the staff, binding of books, reports, etc., pasting
of slips, etc.
All the above will be subject to the Registrar's general
control.
(ix) Periodical inspection and check of English Records,
'/ el'l1:1cularHecords, Bench Clerks' Department (in regal,a to
drafting and revising work) and Notice Section for prompt
despatch of work.
(x) He will also have supervision over all the sections on
, the Original Side.
(xi) Such other matters that ma'}' be entrusted to him~9
the Hegiskar undeI' orders of the Honourable Chief Justice.
:I)EJYU'l.'Y EEGI8THAR

'rhe De]:mty Hegistrar has direct control over the Judicial


Department, Bench Olerks' Department, 'rranslation and
Printing Department on the Appellate S~de. All notes to
Honourable Judges on the Judicial Side are approved by him.
. ..'
He approves the note made by the Appeal Examiner regarding
the return of papers to Advocates for rectificf.tion of defects.
He a,dmits ]'irst Appeals, Original Side Appeals and Letters
Patent Appeals (leave granted cases), Civil Miscellaneous
Appeals (except cases of remand) and ,Civil JYliscellaneous
Second Appeals and directs posting before Court such of those
he considers necessary. He also issues directions relating to
the posting of cases, the preparation of the daily cause list, the
warning (rough) list, adjournment of cases from the warning
list, etc. He supervises the work of the Stamp Copyist and
Press Oopyist establishments. He is in charge ,of the matters
relating to the Last Grade Service establishment, i.e., appoint-
ment, promotion, leave, retirement, disciplinary matters, etc.
'}'he seal of the High Oourt used for sealing the orders, etc.,
will be in the custody of the Deputy Registrar and he will see
to it that the same is properly used. He also deals with
certaih administrative matters in regard to the upkeep of the
buildings, approving notes and drafts on periodical returns,
General Provident Fund withdTawal applications, confirmatory
leave proceedings of ofiicers, supply of clothing to inferior
establishment of the High Oourt, notes of inspection of lower
Courts, etc. He will also attend to such other matters as may
from time. to time be entrusted to him by the Registrar under
orders of the Honourable the Chief Justice.
\9. \
......~.

OFFLCIAL RBFEHEE.

He will scrutinize various registers maintained in


the Accounts Department, viz., Daily Cash Balance
11egister, ,Contingent Hegister, Service Registers, etc.
He will conduct execution sales. He will check salary
statements of Accounts Department. Attestation of
'. Service Registers by members of the staff will be' done III
his presence. He will approve draft judgments and decrees
in modified and allowed cases (AppeaJs, Second Appea.ls, Civil
]\i[iscellaneousAppeals, etc.). Issue of judgments and advance
orders in Referred Trials, Criminal Appeals (in allowed cases)
Hl;proval of Bail Orders. Issue of warrants under section ~07,
Criminal Procedure Code. Issue of notices in contempt,
applications and Habeas Corpus petitions, Examination of
judgments submitted by the Judicial Indexer. Issue of refund
certificates under the ,Court Fees Act and T,axation References
for fixing the fee payable to Advocate in an appeal or a
petition. He will also attend to any other mrutter that' may lJe
entrusted to him from time to time by the Registrar under
orders of the Honourable the Chief Justice.
~ADDrrIONAL ASSIS'I'AN'r REGISTRAR AND SP.ECIAL
OFPICER, PONDICHERRY SEC'nON.

He has direct supervision over the Pondicherry Sect.ion. In


addition to all Judicial matters connected with Union Territory
of Pondicherry, the following. work will be attended to by
him:~ 1".

1. Approving orders in \iVrit Petitions, .Writ Appeals,


Civil Revision Petitions.

2. Approving of urgent and other orders in all Miscella-


neous Petitions in Writ :Petitions and \iVrit Appeals.

3. Approval of notes on Periodical Statistical returns of


Principal District and Sessions Judge, Pondicherry.

4. Correspondence with Principal District and Sessions:


Ju,dge, Pondicherry and the Government of Pondicherry III
respect of administrative matters.

5. Such other work as may be assigned to him by the


Registrar und:er orders of the Honourable the Chief Justice.
n----------------------, ..••.
"'.;;'""-------------------

FIBsrr ASSIS'l'AN'l' BE GlS'l'1'cAB, 01UGINAJ.J SIDE.

'1'he First Assistant Hegistrar has general control. of the


Original Side establishment. Admission of Original Petitions
for Probate, Letters of Administration and Succession Certlfi-
.. cates and Petitions under ,the Guardian and Wards Act, Indian
Divorce Act, Companies Act, Arbitration Act, Patents and
Designs Act and other Special Acts and directing the issue of
notices and cita,tions. Approval of drafts in regard to Letters
of Administration, Probate, Succession Certificates, Caveat
notices and of the draft decrees and orders passed by the Court,
notes in default matters in respect of Inventory and Account,
cancellation of Security Bonds and attending to general COlTes-
pondence and those relating to ,testamentary matters. Bxami-'
ning and' vouching amendments to Plaints, Petitions and
Applications ordered by the Court or the Master. Passing
orders on Execution Petitions except those relating to the
appointment of Heceivers, Garnishee proceedings and applica-
tions again'st sureties under section JL15, Criminal Procedure
Code. Settling proclamations of sale and issue of ,directions
to the Deputy Sheriff regarding the conduct of sales in the case
of atta,c1Jed properties. Attending to all contempt Applica-
tions including posting before Court and cilJTying out directions
of ,the Court thereon.

Settling daily cause lists, signing certificates of part ,md non-


satisfaction of decrees, passing orders on application for re1urn
of documents III dispose of ~ases. Admitting Insolvency
Petitions. Approval of all orders and warrants in insolvency
194

matters, public examination of insolvents (in addition to the


Master), passing orders in Execution Petitions and applica-
i;ions for transmission of decrees with prescribed certificates
cand other documents. Such other work as ma,y be assigned to
him from time to time by the Hegistrar under orders of the
Honourable the Chief Justice.


DU'I'IES OF 'I'HE I)RIVA'l'E SBCHE'l'AHY '1'0 'l'HE
HONOURABLE 'DHE CHIEF JUSTICE.
" .

1. Critical review of all statements, calendars, revlCWS


from all the Subordinate Courts both Civil and Criminal.

.. 2. Critical review of the working of all sections in the


High Court and their pendency statements.

3. The maintenance of the Court Hall and Chambers of


the Honourable the Chief Justice and the Conference Hall.

4. Going round the High Court buildings once a week


and reporting any material defect.
5. Ensuring the presence of the Police in their posts of
duty throughout.
6. Fixing of interviews with and the engagements of the
Honourable the Chief Justice.
7. Such .other work as may be assigneq. by the
Honourable the Chief Justicefrom time to time.
\ "I b

ASSIS'llANT HEGISTHAH, A1:'l'j.:JLLAI11~ SIDE.

The Assistant Hegistrar deals with routine correspondence


relating to Periodical re'turns, Official Receiver's accounts,
Establishment of Courts, etc., and approves the draflls in
routine matters. J udgmentjOrders in all dismissed appeals,
petitions, etc., are approved by him except ,the Orders in Civil
Revision Petitions. All letters are opened in his presenCe by
the rrapal clerks and distributed! to the various sections or
departments. Such dther work as may be assignea. to him by
the Registrar from time to time by orders of the Honourable
the Chief Justice.
i
J
)

SECOND ASSIS'I'AN'l' REGISTRAR,


OHIGINALSIDE.

1. Passing of Accounts of the Heceivers, Guardians,


Official Liquidators, etc.

2. Testing securities and sUl;etiesin cases where security


has been ordered to be furnished to the satisfaction of the
Registrar and Honourable the Chief Justice and approving the
Bonds.

3. Checking of interest accounts of snit moneys main-


tained by the Accolmts section.

4. Passing orders on suits and matters posted for ,default


and on affidavits by the agents in suits on behalf of the
,•.. . Principal.

5. Admission of plaints.

6. Approving, draft orders/decrees of the Master passed in


•. cases on the Original Side and in caSes dismissed for default .

7. Signing of sale certificates.

8. Issue of orders for fresh summonses in Origina,l Suits


and of warrants of arrest and attachment.

9. Closing of the Diary Daily Heceipts Register.

10. Periodical inspection of the Original. Si,de Records


and the Record room.

11. Attending to all Election Petitions and correspon-


dence relating thereto.
198

12. He will also have a check over the work of the


Overseer and his subordinates, i.e., in regard to their atten-
dance and duties, and the maintenance of cleanliness in ,the
High Court compound including the several new blocks of
buildings, the garden, etc.

1:3. Superintendence of the Copyist . Department with '.


referenee to arrears in that section.

14. Such other work as may be assigned to him by the


Registrar under orders of the Honourable the Chief J usiice,
SUB-ASSISTAN{r REGIST'RAH, ADMINISTHA/l'IVE
DEPAHTMENT.
'I'he whole Administrative Branch will work under th&
supervision of the Sub-Assistant Registrar (Administrati n::
Department) who will be responsible for the punctual disposal
of the work except in respect of the accounts. Signing of
fair copies oj all correspondence except the letters to Govern-
ment. Issuing checkslips to lower Courts in periodical returns,.
summonses for service in foreign territories such as Singapore,.
etc. Issuing reminders to all except to the Governtnent,.
papers specially referred to him by the Registrar, Deputy
Registrar or Assista.nt Registrar. Recording of all papers to be
closed or lodged. He will have direct supervisIOn over the
following sections, viz., Accounts department, section dealing
with posting of Officers in the cadre of District Judges, Sub-
Judges, etC., Services section, Budget section, Section dealing:
with postings and transfers of Magistrates, Rules and Rulings,
Library, Stationery and Administrative Records.

Checking of Personal and Periodical Registers of the'


members of the Administrative Branch and their fortnightly
statements of pendency. Such other work as may be assigned'
to him by the Registrar from time to time.

He is also authorized to use fascimile signature stamp in aU


routine matters (intended for communication to a la.rge number
of Courts or officers) and for endorsements on enclosures to-
be returned. He will bowever see that all such affixtures are.
made only in 11is presence and that the fascimile stamp is not,
taken out of his possession.
~oo
.j
!
SUB-ASSISTAN'r REGIS'l'RAH,
APPELLATE SIDE.

He is having overall supervision over almost the entire


Appellate Side wing, viz., Judicial (Main), Translation and
Printing Department, Bench Clerks' Department, Stamp Copy
..and Press Copy, English Record.s and Vernacular Records.

Issuing of notices and calling for records in all. cases on


the Appellate Side. Signing fair copies of all letters issued
from thy Appellate Side except those addressed to Government,
Signing fair copies of all Judgments, Decrees, and Orders issl'.ed
Jrom the Appellate Hide (except orders in Referred Trials) in
respect of Office copies approved by eit.her the Official Referee
<>1' the Assistant Registrars.

Such other work as may be a,ssigned to him from time to


iimeby the Registrar.

He is authorised to' sign all ~outine notices issued from. the


'sections under his charge. He is also authorised to use
1'ascimile signature stamp in the following cases ;-
(a) Notices.

(b) Intimation to Subordinate Courts as to admission of


Appeals.
(c) Calling for records.
(d) Endorsements on enclosures to be returned.

He will see that the fascimile stamp is not allowed to go out


1)f his possession and that the affixUl'eis done only in his
presence.
~o\

ANNEXURE III.
QUESTIONNAIRE.

(Gammon to all sections in, the Administrative De]JCf,I'tment.)

1. Person:.ll Registers --
(a) Are they written up-to-date oorreotly
a.nd nen.tly ~
Are the abstract of subjects in column
(4)of the register entered in an
intelligible manner ~
(b) Are the dates itnd nature of
disposals noted against each number
as soon as disposed of ~
(e) Is there unnecessary delay in
disposing of the correFpondence with
reference to columns (3), (7)and (8) ~
(d) Are delays noticeable in papers, if
any, pending for more than six
months acoounted for 1
(e) Are reminders issued systemati-
cally 1 Were reminders received
replied promptly with referenoe to
oolumns (9) and (11) respectively 1
(f) Have the papers (f the previous
year remaining undisposed of 0n 31st
December been carried forward to
the Current year's register on 1st
January and enter d at the begin-
ning of the first volume of the
Registers 1 . Whether the Sub.
Al?sistant Registrar (Adminiatrll,tive
Department) has checked the new
register to see whether any outstand-
ing currents have been omitted tu
be entered in the new register ~
189/7-14
202

(g) Are the registers being checked'


periodically and effectively by the
Superintendent and the Sub-Assistant'
Registnu?
(h) Isa run-on-file maintained and ,are
rsctifieation of defects watched?

2. Periodical Register-
(For B, C, D and E Sections.)
\a) Are the periodical return:! advance
statements to the High Court duly
entered at the beginning/close of
each period, showing t.he offices from
which they are due?
(b) Are reminders issued for the .returns
due?
(c) Are oheck' slips issued for get.ting
the mistakes; if any rectified?
(d) Are the returns dealt with without
delay?

3.. State of Disposals-


(a) Have all the papers disposed of
been duly stitched with docket
sheets, wherever necessary, indexed
and sent to the Record without delay
and acknowledged by the Reoord-
keeper' .
(b) Ha.ve back and forward numbers
of precedents bearing on the same
. wbject been entered in the docket
sheets to facilitate easy reference?
(c) Are indiees prepared for the dispo-
sals a.nd kept in each seat neatly and
separately for each of the series and
years?
(d). Does eaoh ol@rksend an arrear list
to the officer once a fortnight 1
203

4. Call Book-
(a) Is it properly ma~ntained 1 Have
any currents been imprope:rJy olosed
by taking them to the call book 1 .
(b) Is action taken promptly on refe-
rences noted in the call book 1

5. Stock files and circular files-


Ale they maintained for each
.section 1
6. Is a file of copies of Government
Orders kept chronologically and up-to-
date 1
7. Is a register of precedents kept
subject war 1.
8. Has necessary action been taken with
tefereIloe to all the material defects
pointed out at the last inspection 1
If not, what is the explanation 1
(NoTE....:-The above questions will apply tp
all sections in the Administrative
Department. )

B SECTION.
9. Are the following register~ maintained
up.to-date1 .
(i) Confidenti?,l Register.
~ii) Communal Roster.

10. Probation Register-


(a) Are the language tests passed by
District Munsifs entered in the'
Register immedia~ely on receipt of
iDtimation to that effect 1
(b) Does the Register show that
periods of officiating service are being
noted regul~rly 1 .
189/7-14-A
204

(c) Is this Regist@r oxamined every


month ang action initiated well in
advance in all cases due, fo-r decla-
raliion of the comp'letion of proba~
tiull ?
(d) Are declarations of completion of
probation iSJ:medpromptly?
11. 13 the Register of substantive
..
appointments maintained?

12. Pension and Gratuity-' •


Is a.list of persons due to retire in the
coming year maintained ?

13. Suspension-
Are steps taken to conclude expedi-
tiously the disciplinary .proceedings <.
against persons under ~uspension ?

14. register of assumption and relinquish-


ment of charge-
(a) Are reports ()f assumption and
. delivery of charge noted promptly?
(b) In cases in which .report has not
be-en received, has action been taken
to call for it ?

15. Are statements of property anu


relation!> obtained annually and kept
ready for reference?

16. Notification Register-


Are notifications of appointment, leave,
etc., prom ptly and consecuth ely
entered and is the register kept up~to.
d:lte ?
205

17. Register showing subjects marked J01.


meeting of the Judge8-
Is this well maints.ined and are the
entries np-to-date ~_

18. Register of casual leave of District


J~l(jges and other office1's~
Are entries made regularly and
promptly 1

19. Oirculation Register-


(a) Is it properly maintained 1
(b) Are steps taken to get bacl,.:the.
files a.nd books, if any from the
Judges whenever they are held up
in their residences 1

20. Disposals numbering Register-


Are di:>posals numbered properly and
prompt.Iy on the da,tes of dosing or
recording of the files 1

21. List of Gazetted Officers (J'1tdicial}~


(0) Is this maintained correctly up-to.
date and compiled biennially I
annually and sent to press for
printing?
...•
(b) When was the last list compiled?

22. Personal files-


(i) Are personal files for all Judicia.l
officers maintained properly and
up-to-da te 1 .
(ii) Are adverse rema.rks, if Any, com-
municated to the officer concerned?
(iii) Whether there is any delay in
submisdon of the reports to the
Honoura.ele the Judges.
206

CSECTION.
23. Register of" allotment of approvEd
can{lido,tea /07 appointments iJ~ the Oity
offices-
Is it kept up-t9-date 1-

24. Oommunal Roster-


Is it maintained 1
25. Whether Office Notes on Service
. Appe'lls are submitted to Judges within
six weeks.

26. Advance8-
Are the applications for tIle grant
of all advances attended to promptly
in the order of receipt 1
27. Is the Register for sale of Books a1'u1
Pu:b~ication8 kept up.t.').date 1

D SECTION.
28. Register of 8anctioned Bcale of
establishment -
(a) Is this Register maintained pro-
perly 1.
(b) Are thfl entries relating to addi-
tions and reductions noted promptly1.

29. Is the Permanent Advance Register ,.


maintained by the ?ompilation clerk?

30. Oontrol of expenditure-


(a) Is the Register of expenditure and
liabilities maintained accurately in
the proper form ?
(b) Have the required heads of
e:xpenditureand appropriation. there-
for beeu entered l
\,
207

(c) Have tho progressive totals been'


mads under all the detailed heads
every month?
, (d) Is tho progress of expenditure
proportiont1te to the appropriation'

(e) Has action been taken in time to


obt,ain additional appropriation or
to propDse surrender 1Yherever
necessary?

(f) Is reconciliatioa effected regularly,


every month'

31. (a) Are steps taken promptly in


regard to continua,nce of tempora.ry
Courts and staff!
Is the- Register therefor mainta.ined
properly!
(b) Whether proposals ,received for
sanction of new Courts attended to
promptly?

32. (a) Whether proposals rela.ting to


major works att€md@dto promptly1

(b) Whether progress of the works is


reviewed periodica.lly1

(c) Whether special repairs and


improvem~mts to the buiidings in the
_High Court compound are carried out
promptly 1

;j 3. Are the annual consolidated statement


of receipts and charges of PrOcess
Service and Oopyists establishmenfs
regularly checked every year and orde,rll
obtained thereon 1
208

34. Are separate Inventory Reg1:8ters


maintained in respect 0/-
(a) OffiC0'furniture such as. tables,
chairs, wooden and steel almirahs,
iron safes, and olocks.
(6) Bicycles.

(c) Have a.ll supplies obtained or pur-


chases, since the date of last inspec-
..
tion, been entered in the relevant
registers?

(d) Is physical verification of the art:icles


of furniture made periodically?

(e) Is a Register of furniture sent to the


residences of Honourable J uuges
mainta.ined?

35. 18 the furniture kept in proper repair? ••

36. Are: unserviceable articles condemned


and written off under proper sanction?

How are such articles disposed of?

37. Register:o/ allotment oj Law Chambers-


Are applications for allotment dealt
with promptly in the order of
receipt1

38. Regist,er of rents in respect oj' private


buildings taken on lease for accom-
modating Courts-

(a) Is this maintained uJ:'l-to-date?

(b) Does the Register ahowany arrears


of rent or lease amount due for a long
period?
209

39. Register of electrical fittings and


. fixturcs-
(a) Is this' properly maintained?
(b) Are the entries u-pto-da.te?
(c) Are the existence of the fixtures
periodioally checked and by whom?
40. Are the High Court buildings and
compound (including garden) inspec-
ted periodically and prompt steps
taken for improvements wherever
necessary?
[Note the cond.ition of the trees
planted in the compound as part of
the Tree Planting (Vana;nahotsava)
Programme.]
41. Oirculation vau-
Are the Registers prescribed under the
Motor Vehioles Aot, Madras Road
Traffic Code 'and Rule8 as are appli-
cable to the van maintained and are
they checked periodically?
42. Fire Extinguishers-
Are the fire fighting appliances kept in
good order? ./ ..
43. Is the Flag in good condition?
Are the old flags destroyed 8S enjoined
by the Rules?
44. Portrait Gallery-'
(a) Is the portrait gallary neaM
(b) Are the name boards of Judges neat
and up-to-date?
45. Hegisterl File of notifications' relating
to territorial ,jurisdiction of Civil
Courts-
Is this maintained properly and checked
periodically and revised whenever
there are changel:'?
210

46. Is the continuance of temporarv


Courts and staff sanctioned from tim~
to time watched reriodically with
reference to the entries in the call
book and action taken whenever
necessary 1

E SECTION.

47. Are the following Registers main-


tained-
(1) Confidential Pl:\rsonal Register.
(2) Communal Roster.
(3) Probation Register.
(~) Register of substantive appoint-
ments.
(5) Pension and Gratuity.
(6) Regi:;;ter of assumption' and .relin-
quishment of charge.
(7) Notification Register.
(8) Personal Files.
NOTE-These registers may be chocked with
reference to the question No.1 j;o 16.

48. Are statements of property and rela-


tions of Magistrates (Judicia.l)
obtained periodically, ~nd kept
ready for reference ~

49. Register/File of notijicatiC'Jnsrelating to


territorial jurisdiotion "oj Criminal
Courts-
Is this mainta.ined properly, checked
periodically and revised whenever
there are changes 1
211

50. (a) Is the continuance of temporary


Courts and staff sanctioned from time
to time watched periodically, with
reference to the entries in the call
book and action taken whenever
necessary?
(b) Are proposals for new Courts
attended to promptly?

51. (a) Is the Register for indent of


- . '010 thing (livery) to La.st Grade
Government servants maintained?
(b) Is the distribution of livery attended
to promptly?
(c) Is the Dhoby Register maintained
properly?

52. List of Magistrates (Juclicial)-,


(a) Is a list of Additional First Class
Magistrates and Sub-Magistrates
prepared from time to time and
revised biennially/annually and sent
to press for printing?
(b) When was the last of such list
compiled?

53. Are t,he Notes of Inl5pe'ction of


Subordinate Criminal Courts sub.
mitted to Judges within three we@ks?

F. SECTION.
54. rsthe Register of recognised clerks
of legal practitioners properly
maintained and revise.d annually?
55. Are the Notes of Inspection of
Subordinate Civil Courts submitted to
'Judges within three weeks.
v
212

56. Maintenance 0/-


(a) Amicus Curiae and Referred Trial
Panel for Oriminal Oases.
(b) AmicJUsCuriae Panel for Civil Oasesi

(c) Advocates Panel for Official Assignee


and Administrator. General and Offi-
cial Trustee.
Are these Panels compil€ld' periodi a

cally? •
57. Rules Revision-
r'ersonal Register and Arrears state-
ment.
These may be checked with reference
to tbe queries Nos. 1 and 3. (d).

58. General remarks on the working of
the section.

. QUESTIONNAIRE.

1. Ac~ount8 Depa1'tment-
Is the Daily Cash Balance Register
kept up.to-date?
(a) Are the amounts collected regularly
remitted into Bank receipts duly
obtained and filed in order?
(b) Whether the cash balance has bean
verified bv an officer of the High
Court onc~ in a month as provided in
the Stmding Orded
(c) Whether the daily cash balanc@
tallie3 with the accounts?
213

(d) What is the c.ash balance on hand?


While verifying the cash the' follow-
ing shall be verified :-
(i) Cash.
(ii) Chequ.es.
(iii) Vouchers available.
.. (iv) Securities .
2. (a)Is the Translation anrl .Printing
Day Book properly maintained ?
(b) Are the amounts collected' regularly
remitted into Bank; receipts duly
obtained and filed in order?

3. IS the Rent Day Book properly main-


tained?
(~) Are the amounts collected regularly
remitted to the Bank, recejpts duly
obtained and filed in order?
(b) Is the Rent Ledger kept up-to-date
for reference of the amounts due from
each cccupant of Chambers?
(c) Is the application for refund of re,lt
attended to promptly?

4. fs the Criminal Day Book properly


maintained ?
(a) Are the amounts collected regularly
remitted illto Bank, receipts duly •
obtained and filed in order?
"(b) Is the Jewel Rpgister weH kept and
the entries made promptly and duly
signed by the officer? .

.5. (a)Is ~he Contingent Register kept


up-to date?
(b) Are the Contingent VouchelS duly
filed and cancelled ?
214:
. '

(c) Whether money orders sent properly


entered and acknowledgment
watohed?
(d) Whether money orders received
properly accounted for 1

6. Sa{aries-
(a) Is the Salary Day Book (5) main-
tained properly 1
(b) Is the office copy of the Pay Bills
bound and kept neatly 1
(c) Is the salary acquittance m0nthly
statement prepared every month and
initials of the officers duly obtained 1
(d) Are the Service Register Rolls of the
staff maintained upto-date with due
attestation by the officer 1
(e) Are the signatures of the staff
obtained in column 8 of the, Service
Registers once a year 1
(f) Are the property statements main-
tained for the staff of the High Court
and checked periodically 1
(g) Is the order book maintained
properly?
(h) Are the lea,ve accounts of the
members of the staff maintained up-tc-
date with necessary ent'ies oarried
out in the body of the Service Regis-
ters/Rolls after return of the
memberE frJm lell.ve 1
, (i) Is the Casml Leave Regis~er inain~
tained properly 1 '
(j) Is aotion taken for Jate attendance
by members of statl' t
(k) Is every application for Pension
amI Death-cum-Retirement Gratuity
treated as urgent (Cases of delay of
over three months should be
explained) 1
215

7. (1) Whether Travelling Allowance Bills


are submitted for signature every
month?
(2) Whether Travelling Allowa.nces
Advance is accounted for without
deby as soon as the journey is c@m-
pleted?
1 "', 8. Oivil Oourts Deposits-
(a) Are the receipts for the amollUts
received from the parties or advocates
issued promptly aHd without delay?
(b) Me the miscellaneous A.S. Ledgers
and the Day Book kept up-to~
date?
(c) Is the balance in C.C.A.S. Accounts
at the, end of the month tally with
the Reserve Ban:k of India state-
ment and the statement of Pay and
Accounts Officer r
(d) Are the receipt and repayment
registers and A.S. Ledgers properly
maintained?
9. Reg~ster of sale proceeds of Oivil and
Uriminal Ru7es of Pract,ice and other
Pv blications-
Are the Registers showing amounts
received towards saleable publications
'of the High Court and remittance to
Bank properly maintained and is the
reconciliation made with the
Stationery Sl'ction as to the number
of copies sold ?
10. Is the miscellaneous A. S. aocount
closed every month and initials
of the officer obtained thnefor ?
11. (a) Is the Translation and Printing
Refund Day Book maintained up-to-
date?
r; 216

(b) Have the Bills for Translation and


Printing Refund been prepared !l,!H:1
sent to Translation and :P~if1ting
Dept, for scrutiny without deia.y ?
(c) Are there delays in disbursing the
Bum due to the Advocates in respect
of the Translation and Printing
refunds?
(d) Is the Translation and Printing
Refund Acquittance Hegister main-
tained up ••to-date?
(6) Have the undisbursed SUlU" being
remitted to the Ba.nk without un-
reasonable delay?
12 .• Miscellaneous item8-
(a) Are the Day Bookil for other items
No. 11 maintained properly?
(b) Are the vouchers for receipts and
payments kept in order?

Cl VIL COUR'l: DEPOSITS.

13. Original Side-


(1) Is the miscellaneous Original Side
••
Day Book kept up-to.date?
(2) Is C. C. O. S. account closed
every mon~h" and tallied with
the statement of Reserve .Bank of
India and that of Pay and Accounts
Offioer ?
(3) Are the receipts and repayment
registers a nd Original Side Ledgers
properly maintained?
(4) Are the vouchers for receipt and
payment kept in order?
217

14. Are the day book registers, Miscel-


laneous Original. Side maintained
pIoperly and the acoount. olosed every
month and initials of the officer
taken 1
15. ,(fuitors accounts-
(1) Are the oertifioates of funds in
Suitors p.coount0 btained and furnished
without. delay ~

., (2) Are the .applications fOI cheques


attended to promptly in ord.er of
receipts and oheques issued without
delay after orders are passed?
(3) Are the investments made without
delay before four weeks ?
16. (a) Is the O.R. Day Book kept
... up-to-date?
(b) Are the conveyance charges credited
to Government properly?
17. Sherif! .Accounts-
Are the registers properly maintained?

18. Probation-
Is declaration of completion of proba-
tion .of the members of the staff
taken up promptly ?

19. Confirmation-
Are members of the establishment
confirmed in substantive vacanoies
without delay and is iiiwatched?

20. Establishment List-


(a) Is the establishment list maintained
correctly up.to-date and compiled
biennially/annually and sent to the,
Press for printing?
(b) When was the list last compiled?
189/7-15
218

21. Personal Files-


(i) Are personal files for a I members of
the staff maintained properly .and
up-to-date and is the regist.or of
personal files maintained ?
(ii) Are default 8heets of members of
the Last Grade Service, maintained
'Foperly and up-to-date?' ,

i2. (i) Are incremental arrears drawn


without delay?
(ii) Are Fupplemental bilh prepared and

payments made without delay ?

23. Disoiplinary Matters-


Are st.eps taken to conclude disciplinary
proceedings again.t member.;;under
tmspension ?
24. Is the regi ler of .•ubs'ant ve appoint-
•• f
ments ma ntrLined ~

25. Advanct<9-
(1) Are the festival advance register
maintained properly?
(2) Are the General Provident Fund
advance register maintained properly?
(3) If action taken on the application
for advance promptly? ;
26. Are t;he following registers maintained
properly?
(i) Cumulative Time Deposit Registers.
(ii) Handloom Credit Sales Registers.
(iii) Salary Saving Scheme R'gisters ..
27. Pension and Grc7tuity,- .
(a) Is the list of persons due to retire
in the coming yea:r maintaine~ ?
: . ~
219

(b) Are pension papers of retiring


membel's taken up promptly in aocor-
dance with the recent Government
Orders and is there any delay in the
prepa.ration of snch pensioll papers 1
28. Does the Hell.d.Aooountant check the
Personal Registers and other registers
of the staff periodioally 1

29. Does the Head Acoountant check the


Personal Regil'lter and put up suah
, papers which are not attended to fOr
over a month for orders of the officer
concerned with the explanations for the
delay 1

LIBRARY.
1. 13 the Library Catalogue up-to-date 1

2. Is there any omission of entriea of


books in tha cataloguo 1
3. Are t be books arranged according te
the catalogue 1
4. (a) Are there any books in the catIL'
logue not found in the library 1
(b) Have the books been physically
verified during Summer vaoations!
(c) Have the missing books been
traced 1
:5 Are any of the volumeI'!in a damaged
condition and beyond repair 1
.6. Are th~re an \ books which are
damaged, hl~tc~n ~e mended 1
7. (a) Are all the volumes properly
bound and are there any to be bound
now 1
189/7 I5-A
220

(b) Are the Law Reports, Acts and


Publica.tions uniformly bound ai3 far
as possible a,nd well preserved ?
(0) Whether omission of parts ,in
periodicals brought to the notice of
the Publisher promptly ~
..
8. Are the Personal Registers'maintained
properly ~
9. Book Issue Register-
Is the register in the following from
properly maintained ~

~ .
• ~ ,.!4
.pO
~
i
..... 00'
p..o o ~:,
~.
'~,..Q
o
OO,.q
Q) ...te
CD
S
CD
A"(4) A
(6)
~:
(7)'

..
-

1(\ (a,) Is thEJRegister of Books ciroulated


to the Honourable Judges properly
maintained 1 .
(b) Are steps taken to see that books
ciroulated to the residences of the
Honourable Judges are'returned back
to the Library 1
(0) Are allotment of books to the newly
appointed Honourable .J udgeg
attended to promptly!
221

~d) Are steps ta.ken promptly to get


back the books allotted from the
residences of the retired Honourable
Judges, then and there?

II. (a) Are the Registers of Bills for


Books purchased fOl'
,,
(1) High Court;
(ii) Civil Courts; and
{iii) Criminal Courts maintain0d properly
• in the form given below, 1'10 a8 to
'Watch the expenditure and avoid
double payment t

1-
.....o

""
0:>0
..c ....•
.
~ 8..c
1::
8 ~~
(6)
(1) (3)

!'(b) Are the bills passed without muoh


delay?
.12. Are the following registers main-
tained properly-
,(1) Registersshowing distribution of
books (Bookwise).
(2) Register showing distribution of
books (8ectionwise).
222

(3) Register showing books sent for


binding.
(4) Registl!Jrshowing despatch of boob
to lower Courts:

13. Are separate filt-8 maintained-


(1) for all judicial notifications and
orders issued by Government under
all acts and published in the Gazette.
(2) for all Legislative Bills with state-
ments of objects and rea80ns.
14:. (a) Have the lat~st amendments to the
Acts, Regulations, Rules, Codes, etc.,
been carried out and kept up-to-date ~
(b) Are tLe latestamendments carried
out in the books kept in Court Halls
promptly 1
15. Is the Library kept neat and books
preserved carefully by the use of
naphtha.lene balls periodica.lly 1

STATIONERY DEPARTMENT.
1. Are the Stationery Stock Registerl
Stock Regietera for forms maintained
properly? Are they checked every
quarter by the officers as required
in the Standing Orders 1
2. (a) Is the balance of stock of the
previou8 year carried over .and
oorrectly entered in the register f()r
the .succeeding year and are such
entries checked by the Sub-Assistant
Registrar, Administrative Depart-
ment1
(b) Is red en~ry made in the ~tock
. Register as and when stock i.
replenished 1
223

3. (a) Are the articles of ~tationery


neatly arranged and preserved pro.
perly 1
(b) Are articles of stationery issued in
accorda.nce with rules and with due
r0gard to economy 1
.• 4. Does the issue of stationery articles
conform to the scales prescribed 1

• 5. Are the Periodical Registers main-


tained properly 1
6. Are the Personal Registers main-
tained properly'?
7. Are the periodical indents consolidated
and sent t) Press according to the
,. cycle of indents 1
8. Is t'he sale publications register sub.
, mitted to the Assistant Registrar
every month for check and verifi-
cation 1
9. Has the waste paper acoumulation
disposed of in accordance with the
Government Orders issued from time
to time and sale pro(}eeds credited to
Government 1
10. Are local purchase register maintained
properly and entered in the stock
register 1
11. Are the bills passed within reason.
able time 1
12. Are requisitions from t,ypists as to
the defects in the macliine attended
to promptly 1
13. Is the' Avery' n achine maintained
in good condition 1
224

ADMINISTRATIVE RECORDS.

1. Di8po8als receipt registers-

(a) Are separate registers maintained


for 'P', 'K', 'R' and 'D' series and are
the entries therein up-to date?
(b) Me the disposals a.nd index slips
received in the record within the
time prescriced in the Standing .•.
Orders?
(c) Does the Record-keeper submit
every. month to the Assistant
Regiatrar a list showing the disposals
pending receipt in the record for over
six months?

2. Record issue regi,8ter-

(a) Is the register properly maintained


ani are the instructions in the Stand-
ing Orders duly observed?
(b) Are disposals/records issued only on
prescribed slips with reference to the
number of the current for which the
same are required, given?

(c) Are the issue of Gazettes and other


periodicals also noted in ~he record
i~sue register ~
(d) Are the Gazette parts bound
periodically and kept neatly?

3. Is the annual index prepared and


sent to the Press without delay and
got ready within six 'months after the
close of the Calendar year?
225

<4. Ie a register for mlssmg records jn


th@ following"" form maintained and
proper steps taken to trace them 1

t+-I
o
.. d
o .
~"O
Pol'"
.•..•0
Q)
o 0
• '"
~
Q)
•.. ~
H A
(3) (6)

, t;. Is the destructiofl work upoto-daM'l?


Are thert any reflords ripe for
destruction, not destrv)~d 1
6. Are the record room and raoks kept
clean and tidy!
7. Is the general oondition ofthf' reoords
and thaiI' arrangement sat~sfa(;'.n. ry 1
8. Whether the copies of Govemmell
Orders received in A. D. reoord.
arranged and kept neatly 1

QUESTIONNAffiE FOR INSPECTION OF THE


CURRENT SECTION.

1. Regi"", 8howing daily dispoaaJ 01


urgent CfJ848 (H.a. Form No. 602)-
,(i) Is this register maintained by the
Superintendent and if so, is it well
kept ~
226

(ii) (a) Are all volumes serially


numbered, -if mOrethan one vCllume
is-used in a year 1
(b) Are all urgent cases leceived each
da,y entered on tho Sall,e date and
tLe serial number ca.rried over to
the case bundle 1

(c) Is any delay noticed in fair copy-


ing and despatch of orders and in
the return of records 1
NOTE.-For caaes other than slip cases, the
dura1ion should not exceed ten days.

(d) Are records in cas'es remanded


called fvr and despatohed without
delay 1

2. Register of ordinary cases (H.c. F'o1'm


Nfl. 779)-
(a) Is this register well kept 1 Are
,
all volumes serially numbered,
and kept well arranged 1

(b) Are all cases duly entered on the


date of receipt and the serial
number noted on the bundle 1

(c) Is there any delay or discrimina-


tion in typing, examining, despatch
of orders and return of records 1

(d) Is thel~elany undue delay in


, consigning the papers to the record
after despatch 1

(This question to ta answered with


referenee to Circular P. Dis, No.
364:/69,dated 1st September J96C)
on the subject.)
3. Register showing distribution of worle
to typist8 (H.G. Form No. 780)-
(a) Does this register show that the
distribution of work among the
typists is fair and even 1
(b) Are the units correctly flfsessed
.. and noted in the register 1 (At-
least about six cases distributed to a
few typists should be selected at
rando'l1 and checked as to the
correctness of the assessment.)

4. Fair copy and respateh register


(H.G. Form No. 751)-
(a) Is this reghter properly kept and
tl,e relevant columns filled in then
and there 1
• (b) Are there any cases of undue delay

, in copying, examining a.nd despatcb1


(Check a.few cases to see whether the
date of despat,ch corresponds with
the entry in the register.)

5. Vernacub,. records-Printed papers-


Calling Boole (H.O. Form No. 658)-
(a) Are these registers maintained and
are the entries up-to-dat~1
(b) Are the records/printed papErs
• requisitioned from the Vernacular
RacordsfCrimina1 Sect ion/Translation
and Printing D2partment, daily
immediately after the despi:ltch cf
orders 1
(c) Is there a.ny undue delay in com-
pliance with the requisitions 1

(d) Are they given to the despatcher


properly after receipt and despatched
without dela.y 1
228

(e) Are there any delays in consigning


the papers (EB) to the English
Reoord after despatch of the orders,
etJ., and reoords, to the lower Court 1
Are the instructions in the ~'Circular
P. Dis. No. 364/69, dated 1st
September 1969 followed 1
(f) Is acknowledgmen.t of the receiving
elerk in E. R. obtained promptly 1 '

6. Despatch Register and Postage Stamp


Account Register (H.a. Form
No. 150)-
'(a) Is this register neatly \vritten
in partioular, the oolumn number
and description of labels affixed 1
(b) Are there any overwritings or
corrections 1
(c) Is a daily total struck of all service
postage labels spent during the day 1
(d) Are tl.e modell of despatch-
ordinary post or registered post, etc.,
,
properly indicated 1
(e) Is the date entered at the begin-
ning of every day and does the serial
number start afresh on each day 1

7. Stamp Inden' Register (H.C.


Ji'O'ffn No. 151)-
(a) Are the indents made periodically
and with due regard to the require-
ments 1
{li) Are the service stamps kept under
lock and key in the personal custody
of the Superintendent 1
(0) 18 a iieparate handbook kept
for the stamps issued to the despatch-
ing clerk 1 .Are stamps given to him
properly aoknowledged 1
229

(d) Are unused service stamps returned'


daily to th& Superintendent by the,
despatching clerk and acknowledged:
by the Superintendent'? '
(e) Is physical verification of stamps
on ha.nd done once in a month by,
the officers1 (Here note the date of.
last physical verification. »- .,
8. Register of delivery of local tapals-
Are the letters promptly delivered.
and properly acknowledged with,
dates of delivery by the con-'
cerned persons ,to whom they are ..
addressed ? '
9. Distribution Register (Administrative,
side tapals) (H.O. Form No. 579)-
Are an the ourrents reoeived ea.oh
day entered on the same day, sent"

, to the ooncerned sections the same


evening and aoknowledgment"
obtained from the respective seo-'
tion heads or assistants, the next,
day 1 '
10. Distribution Register (Judicial sidp.,
fapals) (H.G. Form No. 58)-
Are all the letters received entered
the same day, distributed to the"
concerned clerks the sa.me,
evening (or next morning) and'
their acknowledgments obtained ",
properly 1
11. 1's the G.O. Papal Register maintained.
properly 1
J 2. Is the Periodical Book (regarding,
Library books) (11.0. Form No. 579,
DiRtribution Register) maintained
properly, distribution done without,
delay and acknowledgments duly,'
obtained regularly in oolumn 6 1
230

13. Is the regi.ster in Tapal Section show-


ing the rflc2:ip~ of vouchers and
railway receipts maintained properly1

14. Registe.r of Railway Receipts (H.O


Form No. 777)-
Are the voucher!'! properly kept for
records and R.rticles despatched
bV railway parcel/and for the
charges incurred in this respect1 .

15. (al Is the Register of Despatch fOi'


letters and articles ,'ent by registered
Post/Insured Po~t, maintained pro-
perly 1
(b) Al'e the leturnof acknowledgments
for the articles sent by Registered
Post/Insured Post watched and the
vOU0hersprese~ved properly 1

16. Regilter oj confide'(ttial tapal~ (H.O.


Form No. 778)-
'.
Is it Illaintaimd properly and are
the entrlieBup.to,d'ate ~

11. Register of Form' anl Slation~ry (O.F.


"
No. 165)-
(a) Are the receipts of iteme of
stationery entered 1
(b) Are the sta.t,icmery articles. ne:1tly .
arra.nged and are the issues made
under the supervision of ~he Superin-
to,endent and with due regard to
.:;conomy1
(e) Is the stock periodically verified by
the officers 1 When was such last
verification done 1
18. Typewriters and Duplicalors_
(a) Are the typewriterd and duplicatols
" in good working condition 1
231

~b) Are the relevant rulel in tne


Stationery Manual regarding the
maintenance of the typewriters an,l
dup1icators ('bserved and are the
instruction. issued by Government
from time to time being strictly
;followed?

t(C) Are machine cards kept in the


prescribed form by all the typists
:and a.re the entries therein
up-to-date ~

I(d) Are there any instances of breakage
on account of typists' inadvertence 1

19. Typi8ts-
(a) IR... the distribution of work
adequate, fair. and even 1

, ~b) Is the daily outturn


checked by the
every day '{
of work
Superintendent

(.) What is the average outturn per


typist per day'

(d) Is the outt.urn increased periodi-


ca.lly or whenever there. is rush of
work 1

::20.Examine'l'8 and Readers-


(a) 18 there fair and e\Ten distribution
of work 1
(b) Is the daily out-turn of \\ ork
ade':mate 1
,{c) What is tho, percentage of outturn
for the past three months?
232

(d) Do the Examiners and Readers.


keep their work up-to-date and ar&
special, ordinary and urgent cases:
and files properly distinguished 'itnd
do they give preference to speo'ial and"'-
urgent cases at the time of
examination 1 - Are' the cop/ies::
examined properly and initialled by
them 1
21. Carbon C@pies-
(a) Is the. register of carbon copies. •
of .Judgments, decr0es or orders well'
kept and are proper acknowledgments
obtained from the Advocates or their'
clerks 1
(b) Do the number of copies applied for
in the application tally with the'
number of copies delivered 1
(c) Are the stamps affixed in the, '.
application duly accounted for in the ..
S. R. Regi~ter and are the stamp,
centres punched 1
(d) Have all the carb.on copies of Buch
orders not tal, en delivery of by the.
concerned Advocaiie(s) been. duly
notified on the Notice Board once a.
month and are steps taken for'
recovery of the charges therefor and
are sRch copies carefully kept1 (A test',
ehecl{ should be made to see whether'
undelivered copies are in the.
bundle.)
22. State of worlc-
What is the average duration for an!
ordinary case in-
(a) !'air copying:
(b) Examining:
(c) Despatch:
233

(d) Requisitioning recorda:


(e) In consigning the bundle 10 E. R-
after despatch (The average for a
quarter may be prepared).
23. Does the Superintendent submit
to the Registrar daily a.nd fortnightly
statement- of all non-urgent judicial
.•. orders showing cases over two weeks
old and with suggestiom as to the_
ways and means to tackle the
arrears and bring down the pendency?
'. 24. Missing records register--
Is a missing records register maintained 1
Does it show that diligent steps are
taken in the tracing of missing
papers? Is it submitted to the
officers periodically for check 1 When
was such last check done 1

,
25. Miscellaneous-
(a) Is a runuillgnote file maintained?
(b) Is an office order book kept 1
(c) Is a list of furniture maintained
and a monthly verification statement
sent to the A.D. ?
(d) -Are the instructions in Standing
Orders relating to the Current SecMon
followed in the administration of
the sectlion 1
(e) Is a circular file maintaineg. and
if so. is it up-to-date?
(f) Is n. Movement Register main-
tained 1
«(1) Is the accommodation and strength
of staff adequate 1
(h) Is the ,3uperviaion of the Superin.
tendent effective?
189/7-16
234

~.,
26. Ge;neral Remark8-

- .
,
QUESTIONNAIRE FOR THE INSPECTION OF THE
JUDICIAL DEPARTMENT.

A.. Ohief Posting Olerk-


(0 Whether all the 4 parts in each
Posting Book correctly maintained ~
(Part I cases in which judgments are
reserved; Part II cs-ses whicb have
been referred to a Full Bench; Part
In cases which bavebeen partly
heard and either a finding or a report
have been ca1Jed for and Pa"t IV
pending cases not hp.ard-No case
should be shown pending in mare
than one of the above 4 parts).
235

(2) Whether all the Posting Books have


been compared a.nd corrected after
they have been re-written by the .
filing clerb during the last (X'mas
or summer vacation t .
(Exceptin2 the C.M.PIi. Book for all the
other Posting books the same forms
i.e., 'Appeal' forms are used. Each
book should show the category of the
cases, i.e., O.&As" L,P As., W.As.•
S.As., C.M.As. and C.M.S.As., etc.,
• at the top of every page and also the
year of those cases f'hown pending in
the page. No abbreviations such as
'Do' or ' ,,' should be used
and in each case the columns should
be filled up in full. All the relevant
entries relating to It' particular case
should be made by the concerned
clerks only on and above the
line.)

, (3) Whether disposal of the cases have


been marked correctly and up to-
dat.e ~
(Marking of disposal includes removal
of cross entries (C.M.Ps.) in the last
column when those C.M Ps., were
finally disposed of. For instance, if
stay has been made absolute or the
L.Rs" have' bAeD recorded the
numbers of those 0 M.Ps. should be
removed. Particularly in the case of
I~.R., petitions, as notice in the main
case should be taken to the L.Ra.,
the previous ready enLry in the
aolumn 'Date of service of Notice'
should be removed and the relevant
entry "Notice to L.Rs. of C .
OL, dated.,.... , .. " 2hould he
made. If a case has to be taken over
to from. one part to another, the
189/7-16-A
236

number of the case in the prnvious


part should be removed. If a case is
otherwise ready except for the
bringing on record of the L.Rs., of
a deceased appelJant or petitioner"
and if those L Rs, are recorded E1Fl
appe'lants or petitioners, thAt case
will be ready case for hearing on
the date of order of the 'L.R.
Petitions a,nd the Chief Posting
Clerk should take immediate steps to
bring that case in list for- hearing, if
it is an old one). •
(4) Whether the directions of Court to
post cases on a particular date or
week or month are entered in "the
posting book and whether such cases
were noted in the Hearing Book of '
concerned clerk?
and
Whether such cases are posted for
hearing according to directions 1 ,
(5) Whether aU the statements (a)
Monthly statements of InstitutioDs
and disposals of casas; (b) Monthly
statements of year-war pendency of
cases; (c) Weekly statements of
institutions and disposals of cases ;
and (d) Weekly statements shQwing
the disposals by the Hon'ble Judges •
are prepared regularly in the proper
forms ~
(e) Whethe;:the daily c;lUse-1i<>tsare
maintained in order and stitched and
bound at the end of every month?
,
(7) Wh€lther the sitting lists of the
Hon'ble .Tudges are maintained in
order and stitched and bound at
the en.1 of everJ year ~
237

(8) Whether Full Bench 'cases such as


Heferred Cases and Matrimonia,1
Causes are included in the Sittings
b'igure~ submitted to the Honourable
the Chief Justice every weak, without
delay and such Benches are
cOli!.stinutedas per directions of the
Honourable the Chief Justice?

(9) Whether orders of the Honourable


the Chief Justice obtained to
constitute ~pecial Benches for cases
• as those referred to a Division
. Bench, S.G.Ps., etc. 1
If so, have. they been posted wit110Ut
delay 1
. If not; how many cases are pending 1.
and why 1

(10)' Whether the Daily Additions Book


(Fresn cases that are to be included
in the Fa.ir List) is maintained
properly and whether due preference
is given in adding old cases 1 -
and-
Whether this Book is submitted to the
Deputy Registrar daily while
obtaining orders on the letters for
adjournments by the Advocates 1
• (ll) Whether intimation regarding th@
availability of lower Court records in
/
the cases to be added in Fair List
from the Vernacular Records
Section received daily 1 If so, whether
necessary instructions are given to
Vernacular Records Section to call
for records in cases in which records
are not readily available and whethM
those cases are added in the Fair L~st
.Lnmediately after receipt of records'
I
238

(H!) Whether cases ordered to be restored


to file by this Court aDd c~ses
-renll1.nded for fresh disposal by the
Supreme Court of India are restored
in the respective Posting Book in the
proper place with the relevant entries
that are to be made1
(13) Whether P. D. cases and Q.R. cases
posted early in preference to other
cases~
~-

B. Gause Lists Preparation Olerlc-


(1) Whet,her complete Weekly Rough list
is prepared and printed and published
on every first work.ing day of the
week1
This includes (1) Full Bench List, (ii)
Single Judge cases, S.-As., C R. Ps.
C.M. Ps., etc., (iii) Special Order
cases' and date fixed cases, (iv)
P. D. oases, (v) Q. R. cases, (vi) '\
Bem;h cases such as First Appeals,
O.S.A~., L.P.As., W.As. T.Cs., etc.,
(vii) Specia1 Benches List and (viii)
Writs.
(2) .Whether complete Daily Rdugh list
is prepared and sent to press every
day without delay?
(3) Whether Special Order ca'Ses, i. e.,
date ..fixed, week fixed or month
fixed caSeS are brought in the
Rough list as and when due?
(4) Whether the cases, in which 'Findings'
from the lower Court were called
for, are brought in the Rough
list for the concerned Honourable
Judge, Roonafter the case is notified
as ready by the concerned filing
sectiol11
239

(5) Whether, clean copies of the daily


. cause-lists are checked with the file
books before giving the strike order1

(Q) 'whether the press book is main-


tained properly a.nd whether the
approval of the foreman ofthe pl'eso
obtained as to the receipt by the
press of all the strike <?rdel's1
(7) Whether ready entries are n@ted in
the Posting books promptly as and
when the intimation is received from
T. and P. Department1

9. Bench Posting Oler7c-


(1 )Whether all the Special Benches Rough
lists are included in. the wetlkly
Rough list1
(2) Whether defa,ult cases (Bench cases)
are posted before Court without
delay~
(3) Whether appeals under clause 15 of
the Letters Patent against Or&8rs in
applications aTe expedited and
posted early at the top of the list ~

(0 Whfther contem:->t applications are
posted on the specified da.te of
he&ring1.

(5) 'Whether' hearing hook is maintained


oorrectly and the cases are posted
on the adjourned date~
(6) Whether pe.titions to excuse the delay
in seeking to set &~ide abatement
and to set aside the abatement
cllousedby the d~ath of a party in
Bench cases are posted before
Court without d~]ay' )
240

D. Writ and Admission Posting Cle1'k-


(1) Whether Hearing Books are maintai.
ned oorrectly and the cases p03ted
on tho adjourned da.tes?
(2) Whether Ordinary Writs (Not Motion
Cases) for admission are posted
before Court on aU the days of the
week without accumulating themJ
(3) Whether there is delay in the
posting of cases1

(4) Whether appearances for the respon-
dents are verified and the lists
corrected (C. M. Ps. list) .before
giying strike orders 1

E. Master and Deputy Registrar Posting


Clerk-
(1) Whether Hearing Book is maintained
correctly and the C. M. Ps. posted
on the adjourned dates1
,
(2) Whether matters for thf) Rough list
from the Notice Section received
without d~Jay and the Rough list is
called for from the press in time1

(3) Whether monthly statements of


disposals / prepared and sub-
mitted1 ...

F. Printed Payers Olerk.-


(1) Whether the pa'pers (J.J's P.P,) are
/
kept neatly in orded
(2) Whether the papers are collected
from the filing sections and rr. and P. I
Depa.rtment as and when new
oases are added in the Rough list81
I
241

NOTICE SECTION.

A. Supej'intpndent-Notice 8ection-
(1) Whether daily statements . of the
work done by each issue 'clerk is
submitted?
(2) Whether cases are distributed daily
for issuing noticp, and whether
short notice cases and old cases are
distributed among all .the issue
.~. .clerks and expedited?
(3) Whether (i) Intimations, regarding
fresh batta for unserved respondents
• that are to be put up on the Court
Notice Board and (ii) Ba,tta returns,
are checked daily?
'(4) Whether fresh battas and tappals
received daily and distributed to the
concerned Portfolio derks?
(5) Whether precedent file is maintained
properly?
(6) Whether batta refund orders of'
unused battas are obtained every
month and such orders are entered
_in the 8ta~p Registers?
(7) Whether an Intelim Order Register is
maintained properly and is submit-
ted. through the Posting'1lerk Oli
the first week .9f every month to the
8ub-Assistant Registrar?

r. Port-Folio Olerk8-
(1) Whether the Preparation Registers
are maintained properly?

(2) Whether short notice cases are


distributed to Issue clerks immedia-
tely on receipt of batta1

/
242

(3) Whether all the default cases posted


before the Deputy Registrar or the
Master without delay and whether
the Rough lists are prepared carofully
and sent to Press in time1
(4) Whether the default eases directed
to be posted b'.lfore Court, ~ransferred
to Posting SeC'tionwithout delay~
(5) Whether on recei1lt of intime,tionof
the death of an Advoca.te, a list of
cases in which he entered appearance
has been prepared and memo. to the
parties has been issued 1
(6) Whether orders of the Assistant
Registrar dispensing with notice to
the respondents who remained
, ex-parte or ab.:>f'ntin the lower
Court, obtained without delay?
(7) Whether notice of intimation, with

the teason for the non-service on the
respondent and the amount of fresh
batta is displayed in the Notice
Bon.rd -promptly1
(8) Whether cases that flre awaiting
orders in another petition (Await
Civil Miscellaneous Petition cases)

verified and checked periodically? If
that Civil Miscellaneous Petition has
been filed whether the Civil Miscella-
neous Petition Port.folio Clerk
expedites it at every stage?
(9) Whether in Wrik, Order.s are obtained
to isaue Fresh Rule Nisi without
delay and the papers sent to.
B. C. Department immediately?

a. 188ue alerks-
(1) Whether notices in t,he short notice
cases issued immediately cn receipt1
'243

(2) 'Whether battas are returned with


all the requisitions to be complied
with to avoid another retu,n and
\ delay?

(3) Whether appearance for the respon-


dent verified before ,issuing notice?

FILING SECTION,
• (Oommon to Appeal Filing, Second Appeal Filing and Mi8cellaneous
Filing Sections.)

1. Are all the File books and registers


properly maintained with all the
culumns properly filled in and well
kept?
,2. Is there any delay in registering in
t',herespective File Looks, the cases
l'eceived from the Receiving Section
a,nd in circulating them to the
Judge in the administrative charge
of the district? , .
3. Are cases directed to be posted before
Court under Order XLI, Rulo 11,
Civil Procedure Code, transferred
to Posting Section and posted before
Court without delay?

• 4. Arc notices put up on 1Ihe notice


board promptly for the information
of the practitioners regarding orders
passed in circu!e,tionand are, the
dates of putting up onnhe notice
boa.rd and tte orders pa~sed in
ciroulation noted ill the concerned
File books1

5. Is the 'in' numbering of all papers in .


\
the E.B. properly done before circula~
tion~ -
~44 .

G. Are there .any delays in oalling for


records and is the date of oalling for
reoords properly noted in the respec~
tive File bOOl~S and the E. Bs.
tra.nsferred to notice Seotion without
delay~
(NOTJ!l.-Records. will be oalled
for in 'P. D.' caseli only at tho time
of hearing.)

7. Whether oases that are t) be posted


before Bench, 'P. D: or 'N.P. D.', •
and Pondioherry cases are properly
noted in the ooncerned Jfile books
~nd Posting books?

8 Is the procedure prescribed by


S. O. 213 followed regarding circula~
tion of cases to HOllouraole Judge
proceeding on leave~ •
9. Is the procedure. prescribed by S. O.
214 foUow~d with regard to Second
Appeals filed together wil;h an appli~
cation for leave to appeal informa
pauperis and are such appeals
pron'ptly circulated to the Judge in
administrative charge of tho Distriot
as required therein?

10. Are vakalats and appearances received


examined !l>nd registered without
delay and pencil entry made of
vakalat~ returned fOL' r@otificationof
defects (vid~ S. '0, 217)1

1 J. Are .the amendments properly carried


out in the E. B., .F.B., and the
printed paperR without delay and
are duly cerWied by the Sub-
Assistant Registral'? (S. 0.220).
- 245

12. Are the cases in which Findings or


REPorts have beon called for, carefully
and promptly watched and necessary
action taken and the prov;sions of
S.O. No.224 caretully followed? (a
sepaTate unaut,horised register is
maintained for' this.) Are such cases
entered in this register and the relevant
-10
columns duly filled in~ I

13. Are intimation of the receipt of


Finding or Report put up on the notice
board and entries as to the receipt of
finding made in th~ relevant. Posting
books and one paper in such cases
transferred to Posting Section without
delay? (S,O. No. 224).

14. Is the E. R. informed of the filing


of appeals under Cl&use15 of the

, Letters Patent Or Civil Miscellaneous


Petitions for review of Judgments of
the. High Court, petitions for leave, to
appeal to Supreme Court, by the Filing
/
Sections? (S O. No. 226).

15. Are all casp,S after service of notice


duly notified on the notice board as
required under rule 2 of Order IX of
the Appellate Side Rules by the
respective Filing Sections t

16. Are the typ~d papers filed bJl the
appellant and respondent within the
time allowed and are they in accor-
dance with rules 3 (i) or 3 (vii) and
I
rule 4 of OrdArIX of thA -ApppJIate
i Side Rules and are relevant entries
made in the Posting Beok in the
respective column and endorsements
as to pk'oof of service made th: reon '? .
246

17. Ate C. D. Applications promptly


complied with without any delay and
the reason s for pending old applications
properly explained ?

18. Are correspondence promptly attended


to?

19. Are directions regarding ca~es directed


to be expedited, promptly and distinctly
noted in the filing and posting registers
and expedited at all stages? .

20. Are the Fling clerks prompt in


delivering Engli@h bundles to the
Vernaculur ~eoord Clerk the moment
a case is posted, a.nd is an endorsement
ma.de on each bundle as to its correct- .
ness?
21. Are disposals noted weekly in the
_~espective File books and in the
concerned Disposal registers by the
Filing clerks with reference to Cause
List?
,
22. Are cross references of all Interlocutory',
applica.tions filed made in the concerned
Posting books in the reme,rks column
and of main cases in the Civil Miscel-
laneous P3tition and Writ Miscelhneous
Petition Posting books? (}fiscellaneou8.
Filing Secdon - S.O. No. 218.) ..
23.' Are notices in Or"ginal Side Appeal
attended to withou~ del9.y? (App~al
Filing).

24. Are "Cases Referred 'J expedited at


all stages? (Appeallriling.)

"25. Is batta called for without delay in


.' Cases Referred" to? (Appeal Fi1~ng.)
247

26. Are Letters Patent Appeals and Writ


I. Appeali~ transferred to Posting Section
for posting them for admission without'
delay? (Appeal Filing.) . '
I 27. Is there any deIa.y in print cases, in
( entering Pleadings and Translation and
Printing applications in the concerned
registers in the Translation and
Printing Department and sending them
"

f
'" for Reference in Vernacular Records 1
(Appeal Filing).

• :1,8. Are records in "Cases Referred"


cases promptly despatched after
dispos~l 1 (Appeal Filing.)
{ 29. Is the Weekly Stll.tement as to the
pendAncy of cases at various stages
and the daily Statement a.s to the

t 4
pendency and compliance of C D.
applications promptly submitted by
the Filing sections to the Sub.

, , Assistant Registra.r and scrutinised by


him?
30. Arc records neatly arra.nged, bundled
and kept in the racks 1
31. Is the supervision of the Head of the
Depa.rtment effective ?

SUPERINTENDENT (HEAD-CLERI{), JUDICIAL
DEPARTMENT.
.. 1. Are disposa.ls of cases marked by the
. Chief Posting Clerk in the Posting books
are counteli.checked every week?
2. Are the half-yearly and annual
sta.tements submitted to the Govern-
ment are prepared properly with the
assistance of the Chief Posting Clerk 1 . .•
3. Are precedent files and circulars
files maintained properly ?
I.
I---------------,::; ...,.;;-,-;;;
..•..
;--------------------~

248

4. Are dates of service and dates on


which' eases given ready entered in the
POEting books with the assistance of
the Superintendent Notice l~ection,
without delay 1
5. Whether quarterly returns cases are
marked in the Posting- books and the
returnR ,mbmitted without delay 1
6. Whether the Chief Filing Clerk in
each section directed to examine the
case bundles in hi:; section with
reference to the p.oncerned Pasting
.,
books during the summer vacation ?
,.

QUESTIONNAIRE FOR INSPECTION OF


ENGLISH RECORD.

1. Whether requisition for papers from


English Record state the purpose for
which they are intended for and
whether such rac}uisitions are made by
means of printed recol'ds slips duly
filled up as per standing Order (320
old) and if such slips are placed in the
proper. place in the bundle '?
2. Whether entries are made in the
register of pap 81'S whiClh go out of
English Record and come baok after
reference to Court and other seCltions~
3. Whether the Indexing and receipt
regist@rs are kept up to data?
4. Whether the English Record~keepor
Mts upon intimation given by the
filing clerks for not sending the
records in view of the pending ravie\Y
petiticllS 01' Letters PaJ;ent Appeals,etc.,
for which the records are required
for use of Court as per Standing
Order 322. .
r----------------------:--::-. ---;;,
.•.
;:-.--------------~

5. Whether certifieJ copies of orders


filed by the partjes at the time of
admissiOlJ are retn.ined if the records
therein are not printed as per
Standin~ Order 323.
6. Is the Original Sido Taxing Clerk
goes to the Engli!lh Record for
inoluding bill of costs and if proper
fl'l.'? ilities are given to him for dOlng
his work as per Standing Order
No. 324.
• 7. Whetber Original Side records are
sent to Original Side whenever th'ey
are calleJ for Court references (Vide
S.O. No, 326).
8. Whether the register of pending coPY
applications is kept up-t9-date and
originals put up without any delay and
the C. D. number promptly noted in

, .the Index sheet; stitched in the E.B. 1


9.Whf\ther the destruction work is
attended to propedy in accordance
with the rules and the registers are
maintained up-to-date?
10. Whether the attenders promptly put
up the originals in pending copy
applicatioo and promptly rest(lre tl1f'm
to the bundle on its receipt?
.. 11. Whether the at tender;; at~end to turn
duty by rota'ion rOt opening and
closing record room?
12. Whether dusting is being done of the
teoOl'd room every dn,y and of the
papers. once in a ;fortnight at leaet '?
13. Whether the stati( ,nery il dents are
put up properiy and acoounted for and
broken furnituI'es and rails replaced
whenever necessary?
189/7-17
.-----------------...iiik'""'1l'r';;;;,-., ----------------------,

250

14. Whether the records received are


bu::dled up then a.ud there a.nd pla0ed
in order in th~ racks without keeping
them on the floor thereby causing
inconvenience to easy movement1

15. Whothel" the inspection of records by.


the practitioners 18 being done by tuem
by sitting on the long tables placed and
provided for that purpose and if the
E.R K. 01' 8ny of hi8 assistants keep a •
watch over them whi:e the inspection is
in progress ?

16. vVhether the j ime of starting of


inspection of records by the advocates,
the ciosin' of it, the intimation of
collecting additional fltamps if the
search continues after a specified time •
are effectively noted in the search
application 1
17. Whethe,r there is any delay in
answering the correspondence pertain-
ing to the sect-ion ~.nd jf the register
intellderl for t he purpose is maintained
properly 1

j 8. Whether proper precautions are taken


of th:!- papers from being eat~n away
or destroyed by white ants, and
destroyed by fire?

i9. '¥heth or the au pel V]S1OD of the


EnglJsh Record-keep:r over his
as::istant'3 "nd attendees ~1.l'e effective 1

20. Whether a register is maintained for


the missing.,.papers or for bundles
which are incompletJ and if prow l't
a.ction is taken tr, sot at them'? .
.. .
~51

QUESTIONNAIRE FOR INSPECTION OF THE"APPEAL


EXAMINERS' SEC,!ION.

J.. Are all papers presented to the


Receivilig Clm'k "properly' sealed,
registered and punched promptly 1
2. Are the cnt,ries in the Daily Register
... of Court-fees realised (High Court Form
No. 14(l) and the Hegister of unatamped
documents (High Court Form No. 143)
correctly made in the various cdumns
and whether the tc tal of Court-fee
realised struck promptly?

:3. Are the entries made in the registers


checked, periodically by the a.ief
Appeal Examiner 1
4. Are ~he date seal maintt1inec1in good
condition?
5. Are the papers to be examined by
App'i}.d Examiners entrusted to the
Distribution Clerk da.ily and are the
receipts from the H.eceiving Olerk
entered in the Distribution Register
(High Court Form No. 619) every day
and distributed?
6. Are 'section papers' recei ved by
the Receiving Clerk duly trandmitted
.. to the eonc,rneJ. sections on thp same
day under propor elltrie~ ?

-i. Are urgent case,; distributed to the


Appeal Exa.miners for expeditious
examination and whether re-presented ... ~;
ca.sesare deli vered to Appeal Examiners
\'i'ithout delay'?
8. Whet-her the initials of the concel'l1e.i
Appeal Examiner are obtained against:
each case allotted to him '?
189/7-17A
252
9. Is the daily statemei1t of work of
Appeal Examiners being submitted
regularly for the scrutiny of the
officers?
10. Whether the returns made bv the
Appeal Examiners are exlFlUstive and
not piecemeal ?
11. Whether the papers to be returned to
Advocates and parties are notifiei in
the notice board dally in High Court
Form No. 144?

12. Are the signatures bf Advocates or
their clerks and parties duly obtaillf'd
in the regis',r when papers are
returned to them ?
13. Are the cases passed by the Appeal
Examiners sent for docketing without

,
delay?
14. What is the oldest case p.nding in the
Docketing Section having ragat'd to the
date of passing by the Appeal
Examiner ~
15. Are docketed cases numbered and '
sent to the respective filing clerks witp-
out delay ~
16. Are the number.3 of cases entel'ed in
t.he respective registers (Distribution
Register and the S. R Book) against
the respective S. Rs. ~
17. Is the monthly register of Court.fees
realised (High Court; Form No. 145)
properly maintained,and submitted to
the officer per1odicai"1y1 .
18. Whether the check-sip" issued b.v
Court Fee Examiners duly entered and
aotion ta.ken thereon promptly regard-
ing Court-fee colleted;: etc, and lodged
a.fter obtaining ol'ders of the officer
concerned 1
253

19. Whether the certificates in reApect


of contingent bills forwarded by the law
officers (Government Pleader, Public
Prosecutoi', etc.) granted without delay?
20. Ara ent.ries maintained of cases
referred to the Master or ~Tudgeand t"e
results noted ?
21. Are the circular files and Judgment
',;)
files up-tio.date and in good condition?
22. Are all reference books in good condi.
tion and is tIle library properly
maintained ~
23. Is the supervision of the Chief Appeal
Examiner effective?

CRIMINAL SECTION.
QUESTIONNAIRE FOR INSPECTION.

Presenta,tton'of petitions (from jail and by advocate3).


1. Are the peiitions received from jail

". and presented by the Advocates checked


without delay 1 (Velify few cases at
random with reference to the dllte of
receipt of jail petitions, date of filing
with date of passing)•.
2. Are there any unnecessary returns of
the petitions and a.re all the defects
pointed out in a single return 1
.• S. Filing-
Are the petitions docketed, numbered
and filed without a.ny delay in the
respective registers by the filing clerk
and given to the Head Clerk for circula-
tion to the HonourableJudge8 (in charge
of the district in the case of petitions
received frJm jail), for posting before
Court for admi-sion in the case of
petitions presented by Advocates 1
254

4. ~e all the petiti<Xls so given to the


Hea.d Clerk pr0mptly circulated and
posted, as the vase may be~without any
del. y ~ (Verify as a. test.oheck a few
cases-(Jail petitions and represented
cases)
9. Are the re.ords promptly called for
soon after it is filed in all the Criminal
.!\~).?eals(Jail Appea.ls and Single Judge
casl~R)preferred against the conviction
and sentences passed by tbe Presidency
Magistratos ? (Verify few caS0Sof thIS
type) •
6. Are aU the regi5ters ma.intained
properly with all the columns duly filled
in ?
7. Are the district-war registers IIIa.in.
tained propeIly? (Test-check few cases
with the Appeal Filing Rugister.)
. 8. Are case' sent to Copyist Dep~rtment
for taking copies of grounds for purpose
of issue of notioe without a'1Y' delay
and their return ca.refully watched and
~mmediate action taken after its receipt?
9. Have the records been calleri for and
notices issued without any delay in all the
admitted cascs lendreminderi:' and fresh
notices properly issued ?

Appeal Olerk -
10 Are reminders promptly issued III
cases where records have not been
received and fresh notices promptly
issued in paseSwhere service has not
been effected and in cases where, inspite
of issue of two or three notices. the
parties still remain unserved? Ar<j sllch
cases prom~.tly tal,en note of and posted
before ('ourt for orders? (Verify few
case unde. section 417.)
j
l---------------;;:-;~.;:;:-.~---------~

2~5

11. ArQ tbe preparation registers, viz.,


Referr@d Trial a.nd Criminal Appeal
mainta ned ~;roperly with all the
Iequi ••itu pa.rticulars noted against t.he
relevant column 1
] 2. I8 there any delay in the preparation
of cases at IH1Y stage SOOll after the
receipt of reuords 1 (Verify a few 03ses
at random.)
13. Are cases given ready promptly soon
• after the papers are made ready 1

14. Are bail report" promptly called for 1

15. HIl.s the Referred 'rriai preparation


regil::'ter been :regula-rly sent for scrutiay
of the officer 1 .~
",;'-

16. Are ClloSe!'


in which aocused are" in jail
and cases in which the a(;cused are in
jail on short sentences, prominently
noted in the prepara.tion register and'
carefully watohed at the various stages 1
17. Are the number of copies printed or
typed ll.ccording to rules 1

Material Objects-
18. Are the material object registers (bot:h
valuable and non-valuable) proprrly
maintained with a II relevant colum~.
properly filled in t .~~

19. Is there a.ny delay in .:Jhecking the


ma.terial objecLs (non~va.luables) after
receipt a.nd are t.hey promptly submittf\d
to the Sub-Assistant Registrltr (Appel- ,
late Sidf.l) and his init.ial5 obtained ~

20. Are the ma.terial objects neatly and


ca.reful1y preserved ~
256

21. Whether t.he material objects that are


returnable promptly returned to the
<3oncernedCourt after nhe disposal of
the cases, without any dela~y? '-

22. Are orderil as to disposal promptly


obtained without any delay and is
the nature of .the disposal of the mat'3rial
objects prclperly noted in the Material
Object~ Register?
RevisionSeat-
23. Are receipt of records and issue of
fresh notice, properly watched' and
reminders and fl'esb notices sent
promptly?
24. Is tte preparation register for Criminal
Revision Cases properly maintained and
are the relevant columns properly filled
np?
25. Have the records been ohecked
properly and entered in the preparation
register 1

26. Are cases taken up suo motu and


refBrence oases promptly watched and
posted expediticusly ?

27. Are cases in whIChthe accused are in
jail and cases in which the accused are in
jail and on short sentences and cases for

enhancement Ofii' sentence carefully
watched at various stages!

:-8. Are bail reports promptly called for?

29. Have the records' been despatohed


promptly no the low:er.Courts after the
disposal of the Cnmlllal Appeals or
Criminal Revision Cases ~ (Verify with
reference to the preparation register.)
''':;-'

257

30. Are the disposals properly marked in


the file beoks and in aU the preparation
registers ~ (Check a. few dates with the
help of the cause lists).
31. Are the calendars and j~dgmentB
circulated to the Honourable Judges _
promptly ~
.\'"r
32. Are proc~edings promptly issued,
noted in the ~egister and reply watched
and the reply put up before ibe
Honourable J udga after its receipt and
recorded ~
.,",

HelJ,dOle1'k-
33. Is the posting book maintained
properly with all the relevant columns
properly filled up and. the connected
:~ cases properly noted in the posting
book ~
/.J
~. 34. Is top priority given in posting oases
in the list to :

(i) all the cases in which the accused


are in jail on short sentences, cases
in. which t.he accused are in jail,
cases taken up 8UO motu and
reference oases and date fixed
cases.

(ii) all cases wherein the 'plo£eedings


"in the lower Court have been stayed
-" . by the High Court.

35. Are the d;sposals properly noted in the


posting Book day to day and have all
the special directions and adjournments'
and eases that are part-heard promptly
noted in the Posting Book ~

.'
.-------:----------"......."1'".,,----------------------

258

36. Are the circulation register, and the


adjournment register properly main-
tained a,nd are the ca:::es promptly
posted to the adjourned dates 1 (Verify
few cases at random 'with the help of
the Cause list with specific re~erence to
cases that are directed to be posted
under Section 0121, Criminal Procedur,'
Code.)
37. Is a.register for long pending casas
mainta.ined properly and action taken
pr?mptly 1

38. Is the Head Clerk exercising effective :,;.

supervillion ever the section 1 Are the


periodical statements to the officers
promptly submit~ed by him 1

TRANSLATION AND PRINTING DEPAR.TMENT (MAIN) }.


QUESTIONNAffiE.
Translators'Branch-
1. Is the distribution book of translation
work pertaining to the various classes
of cases properly maintained by the
Superintendent and on better paper'i
2. Is tbe work distributed to the
translators fairly and evenly, having,
regard to urgent and ordinary
caaes1
3. Does the Superintendent of transla-
tors obtain information from the
various sections in. charge of pre-
pa.ration of c&ses as to what cases
should be dealt with :first!
4. Are the work statements of the
translators preperly kept and do the
translators return the work transla-
ted to the distribution clerks without
delay!
259

5. _Are the translations reta.ined by tqe


translators for more than a week
for revision purposes1
6. Are the translators turning out their
standard out-turn of \lork and is it
being checked and by whom 1
7. Are the tran~lation8 of the various
translators checked by the Superin-
t@ndent of tra.nslators and reports
duly submitted about their work'
8. Is the
..•. weekly statement of transla-
• tors' work submitted to the Registrar
regularly~

Translation and Printing (Gene1"al)-


9. Are the file books of the variou.
branches (Appeals, Second Appeals.
Miscellaneous cases and Criminal)
properly and neatly maintained?
10. Are notices to point out portions
issued without delay~
1J. Does the Manager submit to the
Deputy Regil!ltrarevery week state-
ments showing pendency of '1 and P
applications (a) with the billing
clerk and (b) with the referenced
12. How many appellants' applications
and how many respondent's applica-
• tions are pending1
13. Are the estimates of Translations and
pri"Jting charges made fairly and
a.ccurately in the billingt
14. Are the pf1yments intimated by the
Accounts Department entered with-
out deiay i!l.the file books and the
preparation work taken up promptly
in cases paid 1

-,
260

15. Are ca-sesin which time for pointing


out or payment has expired, checked
and eliminated regularly and further
steps taken without dela.y for the
preparation
, of the rest of the record?

16. Any note-book maintained for noting


all time expired cases?

17. Are all amendments of bills covered


by proper sanctions and are they
noted in the file books?
18. Does the Manager initial both in the
file books and in the bill books such

amendments?
19. Are the direotions of the Court and/or
of the officers to expedite cases noted
in the file books and carried out1

20. Are old cases, urgent cases and cases ,1-


directed to be expedited at,tended to
promptly?

21. Are the file books ohecked by the


Head Clerk once a month 1

22 (a) Are the records prepared


piecemeal
6"
(or)
(b) Is t~e preparat,io~ carrie~ on in a
scientIfic ma,nner WIth a VIeW to get
as ll'any ready oases as possible?

23 (a) Are there any df'fective cases?


If so, why1f-
(b) Why are "they defectivet
(c) Is there any register maintained for
defective cases and progress watched
periodically?

/
261

'24. Does the Manager submit to the


Registrar once a week a !'tatement
showing t.he amount of work
delivered during the week to the
Printers~
25. Are cases received after completion of
preparation of records dealt with
prompt.ly and are. cases which are
completely ready intimated promptly
to Posting Seotion?
• 26 Are th~ papers returned without delay
to the Vernacular records after
preparation of the cases is oved
1 27. Are the 'preparation cbarges worked
J
out and apportioned promptly
between the appellant and the re/!-
nondent on receipt of printed records
from the Press ~
28. Ara the paper books arranged and
stocked properly and kept, in proper
t custody in the rJcord room~
29. Are uhalans prepared without delay
for the purchase of paper books~
30. Are the charges incurred by Govem-
ment in oases in which Government
is a party entered in the accounts
kApt for the purpose ~
31. Are the registers of sale of paper
• bonks proper'y maintained and are
written acknowledgments taken for
papers sold to parties and are copies
!Sent.for circulation and to current
section noted in the registers without
delay?
32. Does the printed papers sales clerk
maintain a book showing the printed
papers received from the Press in
. each claf:ls of criminal cases, the
numbers being entered in the serial
order?
262

33. When the Public Prosecutor applies


for printed papers in a criminal case,
does the paper books sales clerk
supply the Public Prosecutor all the
paper books and ohtain the initials
of the clerk of the Public Prosecu-
tor 1
34. Are steps taken periodically to dispose
of charge copies in dispoaed of ca.set'!
anli the remaining copies which have
not been caned for from the Current
Section?
35. Are the registers of sale of forms and
the stock book properly maintainod ?

36. Are the disposals entered without


delay in the sales registers and
accounts adjusted promptly in
disposed of cases ?
37. Is the register of arrears maintainec
properly?
38. Are prompt steps taken to reCOVel
arrears in disposed of cases 1

39. Is the list of arrears due by Advocate


p:'eparec1 regularly every month and
aotion taken unrier Rule 84 of the
Appellate Side Rules1

40. Are the Refund Orders pl'epated S')OH.


after the disposal of the oasei ?

41. Are there any cases involving heavy


refund of charges and if so, the
reasons for the same?

42. Are the translathn and preparation


charges taxed and entered without
delay in decrees and orders recflived
from the B.C. Department?
263

43. Is pl'oper estimll.te submitted for


sanction of the Deputy Registrar
b.iJl'e oifce books are given to the
Ofuce Binder?
44. Are the materials purchased by the
Binder in acc~)rdano3 wifh the esti-
mate shown t.:l th,~ Manager before
they are med ?
45. Is tlu Head Clerk co-ordinatin ~ the
work of the section satisfrLctorily and
checking the cause list daily for
enauring that the direotions of the
Court are noted and prompt action
hken therefor ?
46. General remarks

QUESTIONNAIRE FOR THE INSPECTION OF' THE PRESS

, maintained :-
COPYIST SECTION.
1. Are t7:e following reg..i.ster(i prorerly
;.
(1) Work Di::tribution Register (High
C,urt;F I'm No. 642) for each of
the following category of cases :-
(c) Referred Trial cases.
.• •. (b) Criminal Appeals.
(c) Supreme Court Appeals.
(d) Miscellaneous cases.
(e) Second Appea.ls.
(j) Appeal cases (Pleadings).
(r/J Appeal cases (Documents).
(2) Work Statement Register of the
Copyists (High Court. Form NOB. J 7f,.
and 190-F).
(3) Work r- tal.ement Registar of the
ExaminerlJ (High Court Form
No. 175).
264,

c;< 2. Has there been serious delay-


(a) In distributing work to the
Copyists?
(b) In the preparatioil of copies by
.~'the Copyists' ....
(c) In comparing copies l

3. How many cases more than two years


old in each oategory are pending
copying?
4. Are reminders sent promptly to the
lower Courts in respect. of requisi-
tions for olean copies of illegible
documents?
5. Is the present strength adequate for
the work 1
6. Is the work beins distributed
evenly?
7. Does the Superintendent ~>~eroise
effective supervision over the Copyists
and Examiners?

QUESTIONNAIRE FOR INSPECTION OF SUPREME COU~T. •


SECTION.
"j
1. Are,the file books maintained properly
a.nd checked by Superintendent and
Manager, T. and P. periodically 1

2. Has there been serious delay in filing


and making case ready for posting 1

3. Are reminders sent to Notice Section


anti English Record Section 1 .
4. Are the di3posa]s noted daily and
posted in the File Book 1
265

5. Ate all the JeI1\~C gmnted cases


watched for an,d received from
Current Section?

6. Are the hundles pruper;y cheeked


on rec.3ipt a,; to pqpers an;l fur'ther
st'p.3 to be taken 1

7 .. Are all correspondences ;'1ttended to


pro,aptly 1

8.' re t.he ClPY ::tj1o]ic;ations complied


wHh'and sent tIl C.D. promptly 1

9. Are enr.ries ( f Civil Appeals made in


the Register of Civil Appeals immedia-
t.ely on receipt 1

10. Are the lower C"urt records called


for and rel11inrlers sent promptly on
receipt of Civil Appeals 1

,. II. Arc efforts taken to serve notice of


,. petiti~n Of appeal at the earliest
j' possi ble time 1

12. Are the certific ite of service under


Order XV, Rule 11 of S.C. Rules, 1966
sent to Supreme Court immediately
after service 1

13. (a) Where rreparation of,. records is


dono in the Hi!h Court under specbJ
directions of the Suprem' Court n.re
the preparation of the records in all
stages proceeded with promptly 1
(b) Has there been any serious dela-y-
o
in Editing 1 .
(ii) in getthg the transcript recol'd
typed 1
(c) Is the 6 months time limit strictly
adhered to for sending Transcript
Record 1
189/7-18
266

(d) In how many cases extension ha.s


been requested I"
(e) Where such extension of time on
proper reasons and whether sucll
requests could have been avoided ~
(f) Are the Transcript records
thoroughly checked before sub-
mitting to Deputy Registrar for
authentication ~
(g) Are the charges for tr,Hlscript
records prepared s )011 after
despatch of transcript records ~
(h) Is the fortnightly statements sub-
mitted regularly and accurately ~
14. Are the records in disposed of cases
returned to other sections or lower
Court. as the case may be, without
undue delay ~
15. Is the supervision of the Superinten~
,
dent effective!

QUESTIONNAIRE FOR THE INSPECTION OF THE


VERN ACULAR RECORDS.

1. Recvrd Register-
1 Receipt of Records-
(a) Are the papers and records recei-
ved promptly by Assistant Verna-
cular Record-keeper and entered in
the Record Register (High Court
Form No. 684) !
(b) Are entries in coloums (1) to (3)
made by the Correspondence Clerk
, and Assistant Vernacular Record.
keeper ~
(c) Are the records received in
finding cases entered in red ink
a" required in 8.0. No. 421
by the Assistant Vernacular
Record-'eeper ~
267
'2. Chec'king of Record{J-

(a) Is the chec1dng of records carrierl
out without delay and ooloums (4)
and (5) of Record Register filled
in 1
Hqw many ca.Reswere pending
check for more than two days 1."
(i) Are drafts put up promptly for
reoQrdsdiscovered as wanting in the
bundle after checking with index'
(c) Are entries in coJoums (9), (10) a.nd
( 11) in the Record Register duly
filled in 1 ..
(d; Are requisitions from lower
Courts atte~ded to promptly t

~.. Referencing of Records-


..
,

(a) Are coloumns (6), (7) and (8) of


the Record Register duly filled if)
as to when records are issued t
(0) Is there any noticeable delay in
the referencing of the E. Bs. and
T. and P applioations?
(c) Are records sent to T. and P. duly i.

accounted for by reoord slips and


the slips pinned to the indices of the
reoords? Exa.mine a few case
• bundles .
(d) Are entries of Hig~ Court Appeal
marked in blue or red pencil as
required under S.O. 422 on the
paper (Record) referenced? Exa-
mine a few case bundles.
~e) Are daily and weekly statements
ofthe reference clerk submitted to
the Manager, T. and P. and Deputy
Hegii3trarregularly? .
189/3-18A
268

R~c:cipt of Records reiu) ned-


(a) Are the records returned to
section restored in the proper case
bund.e? Is there any delay of mOl'e
than two d!lYsin restor~'I,Uonof the
returned records after receipt ~

(b) Is the date of receipt of return


of :record enkred ill the Record
Register ~

5. Despatch of RecoHls-
(a) .Are the records called for from
the Current Section complied wit1;\"
.. ,
,
. '
without delr;,y~
(-

(b) Are records checked before des-


patch and the instruction; in
8.0. No. 435 observed~ Is or08S-
reference madl'l in ,the Record/
Re Tister ,,,hen records are retained
in Vernacular 'R ecord for reference
in connected case ~
(c) Is the Vernacular Record-keeper
taking steps aanually for checking
the di,pcsed of ca,;es during the
previous years to ensure that all
records in di~posed of cases has
been despatched to Subordinate •
Courts and mistakes recT,ified~

II. Other Registers-


o. (a) Is the Register of Requisition
. received from lower Courts main-
tained properly ~
(b) A'e reminders issued promptly
when records hay~ liot been recei-
ved hack on the due dates ~
269

'7. (a) I s the register of further papers


called for are mainti1ined properly ~
(b) Are reminders in l:iucb cases issued
promptly?
,
8. \a) Is the COpy Complying register'
m,lintaim:d propp-rly ? .
(b) Is cQmp]iance of original record8 ':1~'
pflnnpt1y done?
9. Is the l'e!dster
of "'missing records
maintainEd properly and ~teps ta,IWrl
to trace the mi8sing records?
10. Is the Safe Custody Register main-
tained properly and the records
verified pel:'iodicalJy ?
II. I b the Register of Search Applination
maintained and fees collected cor-
rectly ~ (check a few cases.)
III. Per80nnel G.f Vern'1Cular Record8-
12. Vernacular R~co¥d-keeper-
(a) Does the Vernac,u]ar Hecord.keeper
exercise effeetive suoervision over
.the other clerks? f,.

(b) Does the Vernacular Record-keeper


}.-AriudkaJJy check the work of clerks
and the registers maintained at Jeao,t
once in a month?
13. A8sista7!t Vernacular Record-lceever-
.
.. .
(a} Is t,l1e Assistant VernnuJar Record.-
keeper checking the v.;ork of tte f
c9rrespondence clerk?
t". ".

14. CMej 00".1 t Clerk and A8.sistant 001[rt


Olerks~
(a) Are the following rt}pi~tE)rs and
books properly mamtained ?
(i) Distribntion Register.
(ii) R. C. Posting Book.
270

(iii) Addition Book.


(iv) (;Ip,arance Book .
..
(b) '\re the cases in ,the 'Warning li~t'
certified correot 1 How many were
pending ~
.",:,..;~,
(c) Do thfif'Court.Clerks check records
and keep ready 20 AppJi\ls or 30
Second Appeals. as enjoined by S. 0,-
No. 431 !
(d) Is prompt action '~!),ke1. in cases
~: where records are incomplete? (i.e.),
Is intimation given.to Posting Section.
and th.e wanting records called for?
(e) Is Ahe daily statement of case
exa.&incd by Court clerks ma.intained
and subp1itted to Manager, T. and P.
Depar\;ment--ls the... out-turn
adequate? (500 enclosures are to be
checked by each) , \

(f) Are thlil recorde in


the adjourned ",
cases and single Judge cases brought
back to the Vernacular Record every
Saturday from B. C. Department and
notei in the clearance book?

(fI) Are the following ra~kR for records:


;n the Vernacular Record kept neatly?
(1) General Rack. .f

r~)Court Rack.
(3) D"spatcp. Rack.

15. Rej'etencer-
-.' (a) Is the ouiturn per day adequate?
(b) Is,prompt aotion taken in cases of
non-receipt of rt.cords ?
271

.16. Despatch Clerk and Checkifbg Clerks-


Is action taken for tracing the
(a)
missing records in a case bundle and
. given for despatch plOmptiy 1
(b) Is the outturn adequate 1

17. C. D. Oompliance O'o'k-


re originals put up for C. D.
(a) },
. compliance without delay 1
(b) Is thecase number noted promi-
nently on the original 1
(c) Is action initiated with referenc~ to
uncomplied C. D. applications for
want of originals witl1 the lower
Courts 1
(d) Are the originals, restored immedi-
ately in the case bundles after receipt
from the C. D. 1
(e) Are the originals returned from
T. and p~restored similarly?
(1) Are the officecopIes of notices issued
in the case, fi:ed properly 1 Are
reminders issued - in cases in which
records are not received 1

GENERAL.
IV. 18. Are existmg faoilities available
adequate for safe preservation'of the
records and the convenience of the
clerks 1

V. 19. What are the General Remarks on


the working of the seotion as a
whole 1
272

QUESTIONNAIRE FOR THE INSPECTION OF THE


SHORTHAND WRITERS' SECTION.
1. Arc the regif,ters (High Court Form
:N 0 51 S) main{'a.ined regularlv and
properJy by each Shorthand WriteI' ~
2. Are the Judgment., and Orders being
tran,"cribed and submitted for appro-
val without deby ~
3. Are tbe copy applications for trans-
crint.ion of oral evidence being
atten~ed to without delay ~
4. Is the evidence coPy application
register (High Court Form No. 656)
properly maintained ~
5. Is the register of calls at the
residences of the Honourable Judges
maintained ~
6. Are the Court calls in the section
being properly distributed ~
7. Are machines and machine cards in
respect of each machine, maintained
properly ~
8. Are the papers intendc:d for the
'.ariol1s sections delivered promptly
alid acknowledgments ootnined ~
9. Are the library Looks allotted to the
Section kept properly 1 .
10. Is the supervision of the Manager
effective ~

U. General Remarks.
.•..

273

BENCH CLERKS' DEPARTMENT.


QUBo'rlONNAIRE FOR INSPEOTION.

Drafte1'S Distribution-
1. Is the Drafter's Distribution Register
maintained properly ~
2. Does the clerk note the result of the
case:",in the daily cause list as and
when he receives the bundles from
the Court?
3. Does the clerk check tLe bundles to
see whether all the papers have been
put" up in the bundles ~
4. \Vhether the sf'ri,1.inumber of the case
aSdigl1f~dhy the Manager, is noted (in
addition to the CR,se!lumber) ?
5. Whether the cases received are
distributed wlthout unreasunaHe
dehy? "
6. 1&1there fair distribution of work to
the drafterg ?
7. A re the interim orders bundlf~ given
to the batta clerk before distributing
to the Drafters so ibS to enable him
to check whether batta is p:lid in r he
cases before despatch of the orders?
8. Whet Jor theinit.ials of thl rtafters
(btained for their having received
the ca"es distribu~ed to them?
9. Is the regi'cter of O'1ses received from
the Shorthand Wri ers' Report
n'u,intained prcperly ~
10, Whether the Shorthand Writer's
Secti'):L} is reminded of the c'&es not
recclv,d for mere than one week?
11. What is" the total number of cases
pending" distJ ibution to Dra.fters on
the date of inspection 1
274

Bettta Olerk-Reg?:ster of Interim OJ dzrs--.


12. Whether a.ll the interim orders
passed and writs admitted in a day
are noted without omission?

13. Whether the orders, in the caSES


in which batta is paid are issued
promptly on the same day?

14. Are there: any illstanceb of cases ill


whIch orders h,we been issued even
if batta bas not be:m paid?

15, Whether the nature of order is noted


in column 2 ?

16. 'Vhe'ther theclerk notes the action


he has taken in respect of oases in
whioh batta has not heen paid in the
remarks column?

17. Whether the clerk keeps the batta


not paid cases for more than a week?

18. Whether the clerk receives the typed


orders from the Current Section, get
them signed and sealed and give
them for despatch (in batta raid
cases) after closing the entries in the
Batta Register ?

19. Whether the clerk takes prompt


action ia putting up covering letters,
verifying if Writ and Rule Nisi have
been signed and <:ealed,putting u;)
the necessary copies of [Jetitions and
affida"\.its and s,Jnding them for
despatch?

~v. Are fresh orders being obtained for


issue of Writ and Rule Nisi if tlle
original order is not issued within
the time for propel' reasons?
275

Drafter's Diary-
21. Whether the cales given to the
.nrafter!'! are entered in this register
dai ly and Ml1illllwith. the entries in
the Drafter's~Distr;l)Ution Register?
22. Whether [due preference is given to
the urgent cases (i'lip cases) while
dr~fting ?
23. WIIether initials ~of the Bench Clerk
and Distribution'Clerk 3re obtained in
re~pect of the cases returned to him
/trtor drafting?
24. Whether the register is checked daily
by the Manager and their j)rogress of
work watched?
25. Is there any undue delay in drafting?
26. What is the total number of cases for more for more--
pending with the drafterd on the date than 2 than
of inspection and the reasons for days. 10, days~
their pendency 'I

(Manager's) Register of UTgen' Cases-


High Cou.rt F01'm No. 609-
27. Whether the numbers of ~rgeht c:;,s("s ,.
noted in 1;bisregister tally with the
entries in the Dra.fter's Distributioll
Register?
28. Are the serial llumbers given to tho
oas&sreceived as and when roceiI-ed?
29, Whether the :,:anagor. verifies tha.t
urgent slips are put up in urgent
cases and time-limit cases and give
instruotions to the Drafters Distri-
bution Clerk, in this behalf 1
30. Whether thel\'Ianager vel'iijes whether
all the urgent cases nre issued OD tbe
same day itself?
276

31. Are there urgent cases not, issued On


th, same day w.thout proper reasons?
(ex~ept in bittta not paid 01.;;e.3).

Ben ch Clerks Di.~trib'UtioJl, Registers-


High. Cowt form NJ. 1)[2-
~i2.Whf'ther the entries in the columns
correspond to the entries iq columns
(8), (12) ;:md (H) of .the G(-Deral Regis-
ter of C&RCi; ?

33. Is there fair distribu,tiou \)f work daily


to the Bench Cler!<s ?

34. Are the cases return:'d for rectifying


defects by the officpm to the Ren('h
clerks concerned no'ed against their
originl! entry'! (in ordinary cases.)

.3:>. Whether the init'ials of the Bench


clerks obtained for the cases istri. I

huted to them daily ?

Ledger Clt!de -GeneralF egistc1' of cas ~,~...,..


High Court F rm No. 124-
35. Whether columns (1) to (4) aJ:e fillad in
daily by the cL'rk in -'e,p~c:; 0' cases
disposed of and f3ceived daily'?

37. \Vhether in column 5) tho date of


receipt of th3 orubr or judgment is.~
(shorthand orders) filled up ? •
38. \Vhet\)cr entJ:'ies nre made In tho
led;;er bC-LOle disijriimting tho e!l,~OS to
the Bench clerks?

39. Whether all the other cohmns are


filled up before ~ending thC">c'tses to
the CUf,ent Seclion a.fter approval by
the officer:; ?

:'
277

40. Whether ordina.ry a.nd urg:ent Cf\SOS


desp'ltch books are maintaired
properly [tno whether the clerk
vcrifjes as to the receipt of all the
cases sent to the Current Section ?
41. Is tho hand book for the decrees or
orders sent to T. and P. D~\ra,rtment
for taxation maintaineJ? and
whether their return watched?
;

42. Is th0 monLhly statement of ca.scs


pending for more than three weeks
(from the date of order) submitted
promptly ~
43. Whether the orders passed in Court are
sent to the Bench clerks Dep£~rt ellt
promptly by the Bench Clerks with
red siips in all urgent ca;es to be
is~;ue,lon the same day with the time
of delivery ('olumns filled up together
with an naper:; ~
44. Whether the Bench clerks maintain
.t"
..
,
their calendar diary properly?
45. Whether the Court attending Bench
deds distribute the bundles to the
respE'ct,iveRections to which the cases
ordered relate and verify whether
1:
the iniLials ofthe clerks are ohtu,ined
in his I and book ?
46. Whether the columns in the Bench
clerks cliary are filled in properly ?
4:7. ~<\.re there CMes pending with the
. Bench clerks for more than three
.weel,s from the date of order and
if so, whether the reason for irs
pendpncy i., explained satisfactorily in
the ":eekly sta.tement ~
'~f 48. \Vhether the refund certificates are
prepared on the date of the dra.fting
of the decree by the :Bench clerk ~
278

-49. 'WhAther the issue of refund certifi-


cato is roted on the Court-fee
stamps ar;d also after the end of the
valuation of the grounds in the
E.B. of the conoerned case 1
:50. Whether the Benoh clarks cheJk and
verify and put up all the papers in
the bundle before sending to the
office~'s?

51. Whether the initials of the B. C.


Distribution clerk is obtained for the
oases returned to him after check-
ing?

.52. Whether the Court Hall Library hooks


and furnitures checked by the BCs.
weekly? (Verify the hand books
maintained. )

fReai8ter of the Certificates-High Court :c, ~,

Form No. 616-


.:53. \Vheth,r the Fee Certificates received
are entered properly and distributed'
to the Bench clerks promptly ?

'54. Whether the acknowledgment ofthe


B.C. obtainea for the receipt of the
F.C. ?
:55. Whether l!',Cs ie~urned are noted in
thf\ last column giving the reason
therefor? .
'.
;J5R. Whether the C'3.rboncopy applications
are received and entered (with the
time of receipt) and put IIp in the
respective bundles promptly?

67. Is there any imtance of rot comply-


ing with the carbon coPY application
Bnd if so, the reason therefor?
279
Register of case~ 8ubmitted to the o.fficers-
High Court Form No. 61!>-:
58. Whether the ca.ses dealt with by the
officers concerned are noted conspi-
cuously 1

f. 59. Whether there is any delay in !lend-


ing the cases to tha officer
concerned after the return of the
cases by the B.Ce. 1
6). Whether the return of the cages from
the officers notad properly and if
any defects pointed out and returned
to the B.C. concerned suen entry
notrd in the margin and retrans-
mission noted (in ordinary cases) 1

Oorrespondence-
61. Wh~ther lettera received are promptly
entered in the register 1
62. Whether the coimected papers for the
letters are put up and distributed te
the B.C. concerned promptly 1
63. Whether he attends to the letters
promptly in cases not to be given to
B.Cs.
34. Whether he checks and puts up 'Public
Prosecutor Certificate, Madras and
also for StatlJ Briefs promptly 1
(5. Whether t.he issue of B.C. proceedings
• in Se~sions cases is done promptly 1
66. Whether the furniture list is checked
by them..aevery month and report
sent 1 .
67. T--hether the despat('h of Court-fee
Refund Certificate (after approval by
the officer) is attended to promptly?
i8. Is th.) file of Office Ciroular main-
tained properly 1
280

69. Whether the Supreme Court Orders


are communicated promptly?
70. Are insertion of costs in 0 S.A.
deC1reesattended to with nut delay
3IncI \yh,~ther the register maintainf,d
properly? '
71. Arc adequ'lte sceps taken for the
supply of fo:rns used in the B.C.
Department?
72. Whether the indent made for
sta~ionery articles is sufficient and
the articlt-s utilised properly?

Remarks Book1-
n. Whether the I"marks book for Civil
;.ml Crimim1.1 cases maintained
properly?
74. Whether the books are cil'cU:lated
periodically to the HonoUl'able the
.Judges?

Grmeral-
75. Whether tl)c defects. pointed out
during last inspection rectified?
Genewl Remarks-
,
*


I I
281

QUESTIONNAIRE FOR THE INSPECTION OF THE


ORIGINAL SIDE OFFICE.

1. (a) Are plah.ts and petitions properly


stamped and are the stamps centrally
punchtd 1

(b) Are tl1PYpresenter! to the concerned


~ officer (plaint to the Second Assistant
--/ . l~egistrar and petitions to the First
Assistant Regbtrar\ a.nd filed or
ret.urned for rectification promptly?

(c) Is the Manager cheoking generally


the regi!lters maintained in the Ori.
£inal Side at least once a month?

2. Probate-
(a) Te:;tamentary Suit Register.
(b \ Test amentary Original Pet'tion
Re}ister. '

(c) Stamp Duty Register--


(i) Are the above registers (a)(b) and
(c) properly main'tained 1
(ii) Are the entries made then and
,.j there and do they form a complete
record of the cale ?
(iii) Are appeal and execution procee-
dings pI'opedy entered therein ?
(iv) Are the registers checke.:l once
'a, month at least by the :Manager 1
(d) Default Register-
(i) Is t:.e register properly mam~
tained?
(iills action taken regua.rIy apd wif:h-
out delay?
189/7-19
{e: Alphabetical Reghters-
(j) Will Book-
(i) i\re the aLove two registers'
(e) and (J) maintuined r~gularly'1

(g) Securities Testing Register-


(i} Are the orders entered then l!.nd
there and is action t.ken promptly
in case of default 1

3. 1Vxecutionr--
(a) Execution Petition Register -
(i) Is the register properly main-
tained 1
"b) Register (\f Sale Certificate-
(i) Is t~e register properly ma,in-
tained 1
(ii) Is there any delay in preparing
Sale COltificates after confirmation
ofsaltJ 1
(c) Proolamation Register-

(d) Transmission Register-

{e) Register in which stay orders are t


entered-
(i) .Are 1he above registers (c, d and e)
properly maintained ~

(1) Taxation Register-
(i) Is the register maintained properly
and r.re er\tries made then and
tAere 1

(g) Minutes Book-


(i) II" it. properly written ~
283

. 4. Election-
(a) blectbn Patition Register-
(i) A1'e the entries made then and
there and do they form a compl,te
ret\~;rd ~ .
(ii) Is tbe regisLer checked by the
Manager at lea. t once a month?

Posting 8ectio'll-

.• (a) Suit Posting Re,q;ister-


(i) Is the register properly main-
tained ?
(ii) Are the directions giveh in thQ
register properly followed'and is
t~a register made up-to-date?
ii) fs the Posting Clerk taking proper
ahd timely staps to see that cales
do not get stuck up in the prepa-
ration- stage?
(jii)a. Whether cases in which written
statements are not filed posted
promptly before the Court in the
undefendrd lis' of capes'
b. Whether the provisions of
Order XVII, Rule 13 Original Side 'r.

Rules. in respect of matrimonial


Suits strictly followed?
! 'v) Is the default list prepared
• exhaustively!
(v) III the Posting Register re-written
every year and are all the pending'
cases checked with reference to
bundles?
(vi) Does thA Mana.gercbeck this
register regularly and see that
ready cases are brought';n ~he
monthly list 1 .
284

(b) Summons Finding Book-


(1) 1s act:O:l taken without delay in
puttmg up sommons for orders as
to sufficiency 1
(Cj 'B' Diary-
(i) Is the 'B Diary as contemplated
I

under S. O. No. 5i9 maintained


and whether entries are made in it .
properly 1
(d) Disposal Register-
(1) Are the entde. made as and when
cases are disposed of 1
c-
(r) Hearing Book-
(;,) Is the book properly maintained
and whether the oa.ses &re pOlted
according to it 1

d, Registering-
(a) Suit, Registers-
(i) Are the directions givQU in the
register properly followed and is
the Register up-Lo-date 1
(ii) Are appeal, execution a.nd oiber
past denreesproceedings properly
entered therein 1

\b) Original Petitions Regist&r.

(c) Original Matrimonial Suit Register.

(d) Company Petitions Register.


(i) Are the Registers (b, IS and d)
properly maintained 1
(ii) Are the entde8 made then and
there and do tb~'y form a complete
recOrd of the case 1
(iii) Are appeal and execution pro-
ueedinglllproperly entered therein 1
285

(e) Register of Decrees of other


Courts received for execution-
(f) Independent Application Register.
(g) Indepel'ldent Va.kalat Register.
(h) Appearance Register (un ler
Company Court-Rules, 1959).
Aro3. these registers Maintained
properly 1

7. Diary-
(a) Dia,ry Reg;ster-
(i) Is the regist~J' maintained pro-
porly1
(b) Are the Court.fee stamps punched
immediately on presentation and
the punohed heads properly
collected and destroyed 1
(0) Is the Manager checking ihe register
daily 1

(d) Are the-


(i) O.P. Presentation Register,
(ii) O.S. Presentation Register,
(iii) C.P. Presenta.tion Register and
(iv) O.M.S. Presentation Register
maintained properly, kept for the
reference of the Advocates and are
they up-to-da,te 1
'to,',

(e) Are-
(0 O.P. Admission Register,
(ii) C.P. Admission Register,
(iii) C.S. Admission Register and
(iv) O. M. S. Admjs~ion Register
properly maintained, kept for
referenoe of the Advoce,tes and are
they up-to.date!
286
,
(f) Is the R'3turn Book maintained
properly and initials obtaiHed Lam
Advacates or their l'egistered
Clerks as soon as the papers are
returned at the pla.ces ~J;ovid~d 1
(g) Ar' the Distribution Registers
maintained properly and are the
papers delivered to by the respective
sectiuns the same day and their
ackdowlftdgment obtained 1

8. Docketing Clerk-
(a) Are the Application Registers for •.
Suits, Original Ma.trimonial Suits, .
0riginal Petitions properly maintai-
ned1
b) Is the Company Applica.tion Register
properly maintained 1
(c) Are Englifh affidavits Register.
Vernacular affidavits Re~ister and
Appellate Side Affidavits Register
properly and separately maintained1
(d) Is the Stamp Collection Register
tor explanation of affidavits ir
vernacular properly maintained 1
(to) Is the Translation Register maip
tained properly1 ~
(f) Are the Ordina.ry A.pplic'Ltion
Register and Company Application
Register re-written at the beginn~ns
of each year so that pendingappli-
ca.t.ions of the previous years 'Il.te
carried over to the current YA9"r1

9. Drafting Section--
(a) Are DecrEes and Orders drafted,
approved and iS8U~ with.ou' delayl
287

(b) Regigter showing if'sues frame{j.-


(i) Is the Registt>r properly main-
tained? ,
(ii) Are issues being typed and put
up for approval without delay?
(G) Is the Register directing investment
of Funds, maintained correctly and
are the directions containe:1 in S. O.
606 followed?
(d) Are the directions contained in
.S.Os. 609 to 616 followed properly?
Is it being watched whether tlle
moneys deposited are invested as per
direction by the Accounk Depalt.
J'ftent 1
(e) Is the' work statement of the
Decree Drafting of the High Court,
Original Side, properly maintained
and suhmitterl to the First Assistant
Registrar regulady?

(.f) Are the Weekly Statement


Registers of Drafters maintained
properly?
(g) Is the M.O. Book properly
maintained?

10. Oorresrondence Olerk-


(a) Is the KO.C. Register properly
maintained and are ta.pals entered
and distributed to the concerned
Clerks on the date of receipt and
their (clerk's) jn.itia~sobtained in the
Tapal Registrr and replies sent with-
out delay? Does the Manager check
this .register regularly?
288

(b) Is the Despatch Registflr &howing


the correspondence' issued dl".ily
through the Current Section mair:.-
ta.ined properly 1 .
(c) Are the letters to Advocates and
Officers in the High Court Building
delivered through the O.S. peon and
is any book maintained for the said
purpose?
(d) Are letters received from Advocates
nateo in the above book every day
handed oV(jrto the coucerned clerks
immediately?
(e) Is the Security Register
properly maintained and are steps
taken promptly to post for defl\ult
the matters in wMch steps have not
been taken wit,hin the time fixpd?
(f) Is the Court Deposit Register
maintained pn)perly?

11. Application Oh?cking Olerks-


(a) Is the Application (receiving)
Register properly maintained and
are entries made as and "'hen papers
are disposed of to enable the tracing
of the Application?
(b) Is the Ordinary Application
Numbering Register and. Company
Application Numbering Register
maint~ined separately?

12. Tench Olerks-


(a) Are the Minutes .Book properly
maintained?
(b) }\re the 1.i1:>rary Books in the
Original Side Courts r:heok~d every
Saturday? When was the lar;t
cLecking done and report submitted'
".
289

]3. Typists-
(a) Are the typewriters in good order?
(b) Are machine cards maintained sepa-
rately and are they up-to-date 1
(e) Is there any avoidable delay in the
preparation of fair copies 1

ORIGINAL SIDE RECORDS.

14. Reeord-keepers-- .
(a) Are the following registers properly
mainta.ined 1
(i) Registe.r of records sent to other
Courts and Offices. -
(ii) Register of Records received from
other Courts and Offices.
(iii) Register of Original Side Appealll
including Supreme Court Appeals. .
(iv) Title Deeds Register.
(v) R~gister of papers sent to Verna-
cular Recorus.
(vi) SubpoJn't Register.
(vii) Suit documen ~sRegister.
(viii) Company Documents Register.
(ix Register fir noting cases vouched
@ythe Clerks. .
(x) Register for Suits transferred to
this Court.
(xi) Register for num bering Minutes
Books.
(xii) StationAry Indent Book.
(xiii) Record Heceiving Regist.er.
(xiv) Record Issue Register.
(XT) Register of DOQuments sent for
translation.
189/7-,.20
290

(b) Is the Record-keeper taking steps to


see that the Record Section is kept
Cllean ~

(c) Are the records sent to other Courts


or Sactions for production of reference
wat8hed and got back as soon as
the concerned Courtf'tor Sections have
done with them ~

10. Oh'Jmber P08ting-


(~) Is the Chamber Posting Clerk main-
taining properly the Chamber issue
Register 1

(b) Is the said Clerk maintaining regis-


ters as desoribed under the Companies
(Court) Rules,.l !J59and are ~hey being
checked periodically by the Managed

(c) Is. the Hearing Book maintained


properly and whether cases are posted
according to it 1
td) Are .the disposals noted properly in
,he Applica.tion Registers 1

16; Master P08ting"-,-

(a) Is the Master Issue Register main~


. taintd properly 1. "

(b) Is the Hearing Book maintained


propedy and-whether cases are posted
according to it1
(c) Is the Master's Bench Clerk main-
taining the Minutes Book properly 1
(d) Are thp disposals not~prop8rly in
the Application Register r
!9I

17. Oopy Oomp7ying8ection-


(a) Is the Copy Complying Register
maintained properly and are entries
made without a.ny delay r
(b) Is their a.ny avoidable delay in com~
plying with copy applications 1
(c) Are copy applica~ions for which fC?li~
charges are not paid within the pres-
cribed period, regularly struck off ~

18. Oourt Olerk-


(a) Is the Circulation Register main~.
tained properly by the Court Clerk.
underStanding Order No. 676 ?
(b) Is the Return of Document Register
maintair.ed properly 1 .1

(i) Are applications for:retu,rn of docu-


ments dealt with without delay'1
(Iii)Is the Exhibit Register made
up-to-date ~ "

19. Receivers' Accounts Olerk-


'(a) Is the Register of Receivers
accounts maintained properly 1 ,,-

• (b) Is action taken promptly iri respect


of cases where there is failure or
delay in filing and passing' the
, Receiver's accounts 1 '.
(c) Is a diary as pre>:cribed under
Standing Order No. 699 maintained'?

20. Record Destruction Work-


(a) Are the following registers main-
I-
tained'properly1 "
(i) Destruction Regist,er.
(ii) Hand book for noting th~ exlii-
bits due for publication.
] 89/7-21
."",I'

292

(b) How lar has current destruction


work progressed1
(c) During what intervals are the regis-
ters checked by the Managed

INSOLYENCY OFFICE.
i. Postimg-

(a) Is the applicatl0n Register properly


mrointained and kept up~to-date'!
c.
(b) Is it re.written at the beginning of
each year, so that pending applica-
tions of the previous years are
carried over to (,1ecurrent year1

(c) Are the Register of Pending Cases


and Casf's for D..3structionmaintained1

(d) Are entries made immediately the


caRes are disposed of and are they
up-to-date?

(e) Is the Def"'ult Register properly


maintined.and are cases posted for
default accordingly 1

(j) Are cases posted for def~ult from .1!


time to time when creditors a.re no1i
served and wh Jll insolvents faU to
file schedule and. application for
discharge?

(g) Are insolvency matters posted


before the Judge, the Master and the
Fin t Assistant Registrar according
to the dates noted in the Hearing
Book1
"
(h) Are regular matters posted for
PubliC} ;F;xami~a"ti(;m
~n4 held?
293

(i) Are the following Registers main-


tained properly by the Posting
Clerk~' .,
(1) Application Register.
(2) Application Register
(Master's Summons).
(3) Statistica.l Statement Register .
. ~ (4) Default Register.
/

(5) Pending Cases Register.


(6) Destruct,on Registers (Two
Registers) .
(7) Register showing cases. in
which Administration was closed.
(.8) Hearing Book.
(9) Disposal Register.

2. Drafting-
(a) Are the following re~isters
maintained properly and are
they up-to-date 1
(i) Court work Statement Register.
(ii) Master's work StatmentRegister.


(iii) E.P. Register .
(iv) Minutes Book of Insolvency
Court, l\laster's Court and
, First Assistant Registrar's
Court.
(b) Are the orders r-assed by the Judge
a.nd Master, drafted and issued
without delay 1
(c) Are warrants directed to be issued
by the Court, the Master or the
. First Assistant Registrar, issued
as soon as applications for issue
of the same are flIed by the con.
cerned partiel ?
3. Record and Oopy Oo",:pl,!!fng;:::
(a) Are the following registers pro-
perly maintained by the Reoord
Clerk ~ .
(i), Record Issue Register.
(ii) Current Register.
~i\i.i)Petition Register. (
(iv) Register for Return of Documents.
(v) Appeal Register.
(vi) Copy Application Register.
(b) Are the records sent to other
Courts or Sections for production
of reference watched and got
back as soon as the concerned
Courts or Sections have done with
them ~
(c) Is there any avoidable delay in
complying with' 'copy appli-
cations ~ . . --

(d) Are oopy .,application for which


folio charges are not paid within
the prescribed period .regul~~ly

4. Diary--
struck off ~

(a) Is the Diary Register properly
maintained and I.re the stamps
regularly chec~ed by the
Ma.nager t
(b) Ii' the alpbabatical l~st of insol-
vents kept up~to-date ~

(c) Is any register maintained for


registration of names of Advo-
oates' clerks 1
295

.5. Registering and 11,1.dexing-

(a) Is the Insolvency Petition Register


properly ma.intained 1
(b) Does ths Insolvency Petition
Register contain reference to the
number of Interlocutory Appli-
cations and nature of the orders
passed on such applications 1
-) ,(0) Is the indexing ,of papers done
<
without delay and does the
indexing clerk while indexing,
mark also the parts under wlJ,ich
the papers are classified for pur-
r ose8 of futura destruction 1
(d) Is the Receiving Register
maintained properly 1

6. Fecor;' Destruction-
(a,) How does the Record Destruction
clerk maintain the register cf peti.
tions ripe for destruction 1

(b) How far has current destruction


work progressed 1

• (0) During
registers
what intervals are the
checked by the Mana,ger1

7. Ge1i
eral-

(a) Does the Manager check the regis-


ters maintained in the department
regularly once in a month!
(b) Are the Running files properly
maintained and submitted to the
officers concerned t
189/7-22
. 296

QUESTIONNAIRE OF SHERIFF'S OFFICE

1. A.ttachment Regi8tel' (M otJable and


Immovable) -
(a) Is th~s register mainta.ined pro-
perly ~
(b) Are the warrants exeouted before
the date speeified therein 1
(0) Does the list of attaohed movable
properties tally with that of the
Inventory Regi"lter 1
(d) Are ~here neoessary arrangements
for keeping the attached goods 1
(e) Are there any properties' still lying
idle in the garage , the ooncerned
counsel not -taking any steps for
bringing them t,o s!'le ?
(j) If so, what steps are taken to
disFose them?
(g) Is any check made periodioally at
the garag~ to ensure l"afety of the
al'ticles s1:oredtherein 1
(h) Are there any properties ordered to
be released and still not taken del'i-
very of?

(i) If so, what are the steps taken
,.
. with regard to them?

2. :Summons Register-
(a.) Is this rejitister maintained PIt.>-
perIy?
(b) Is there any instance where thEl'
process are not returned .within the
due dates?
297

(cLIf so, what steps are ,a.ken fr


rectify them t
(d) Wlen the prooe8€es lLre received,
are th~y di8tributed immediately for
service to the bailiffs?
(e) If not, state the reason for .the
delay 80 caused1
(f) Are the entries in this register
tally with t.hose of the entries in the
books received in the office from
various sections1

3. Court Fee Sfamp Register-


(a) Is tbis register ma:intained pro-
rerly1
(b) Are the stamps due for the prooess
collec~ed1
(c) If there is deficit, what steps are
taken in such cases to collect the
deficit Court-fee1
(d) Are the Court-fee Etamps entered
then and there 1
(.,) Are the processes duly despatched
after Court-fee f'ltampsin the affida.vit
of service paid 1

4. Inventory Regi8ter-
.(a) Is this register maintained pro.
perly1
(b) Are all the attached movable
properties entered as soon as th"y
are brought to the garage1
.
(c) Is there any periodical check in the
gRrage tallying them with the
Inventory Register1
18917-22A
298

(d) A~e the articles serially.numbered


as in the Inventory Register to make
the check easier1
(e) Is there any step takon to safe-
guard valuable and oostly articles 1
(f) Are such articles separated from
other art~cles1

5. Insolvency Regi8ter-
(a) Is this register maintained pro-
perly1
(b) .Are the Insolvency Petitions
entered in time after due payment of
Court fee stamps required for them 1
(c) If not, what is the action taken on
them1
(d) If enough care taken to see that
sufficient time is given for their
service1
(e) Has it been duly returned after
proper service1 Is there any Court-
fee stamps levied for the affidavit of
service'?
(j) WhaGsteps are taken when the due
stamps are not paid for them 1
(g) Is there any delay in such service1 •
6. Government Order Regiater--
{a}Is this Register maintained pro-
perly1
(b) Is there any Government Order
pending for a. longtirr,e without
actlon1
(c) If so, what is the reason for 13uch
delay 1
299

(d) Is the na.ture of dispos::l of every


Government Order recorded ~
lei Are all Government Orders checked,
verified and filed?

7. Process Delivery Register-


(a) Is this register maintained pro-
perly?
(b) Whether all the processes duly
received from the bailiffs after
) ,service are delivered to the concerned
sections immediately? .
(c) Whether enough care is taken to
see that all processes returned are
duly endorsed and verified?
(d) Whether acknowledgment of the
olerk on record is taken for all the
papers returned from here?
I

8. Insolvency .Affidavit Register-


(a) Is this register ma.iBtained pro-
perly?
(b) Are all the affidavits returned to
the Insolvency Seotion only after
they are duly stamped?
(c) Whether sufficient care is taken, so
that ihere is no delay in filing the
affidavit of services?
(d) Whether each affidavit i8 check(ld,
signed and verified before it is
delivered?
(e) Whether periodical check is made
as to the pendency of the retained
affidavits? Are they kept serially?

9. Despatch Register-
(a) Is this register maintained pro-
perJy~
300

{b) Whether all the papers are


despatched in due time without any
delay1
'(c) Does each entry contain the nature
of despatcM
(d) Is care taken to paste the postal
receipt for every registered ('over?

10. Warrant of Sale Rcgisler-


(a) Is this register maintained pro-
perly1.
'(b) Whether the sale wa.rrants are
c
returned before due date aHer taking
prompt action in them?
{c) Are the saJe reports issued for
each sale without delay1
.(d) Whether enough care is taken to
see that sale price is paid in time,
and certificate 10 the purchases
issued and sent to Court?
(el Whethcr the necessary bills con-
taining the details of the expenses
for sale are sent?
If) Is t,bere any delay in paying the
balance of sale price to the Account
Section?
(g) Is there any delay in issuing the'
certificate of attachment and refund
of deposit made for 1 he attachment
to the parties concerned?

11. Bailiff Process R~gister~


(a) Are t:hese registers maintained
properly f
(b) Are they duly checkei, periodi-
cally?
(c) Whether there is lmy, process
returned, not in rtllA 1;ime. hy the
bailiffs?
301

.{d) What is the action taken in that


case ~
{e) What is the average number of
processes for each bailiff for. a yel!lt' V
,W What is the average for the last
three months ~
(9) Whether there i",an increase in thQ
a.vera-genumber of process in this:
year 1
{h) Whether the a.rre£t warrants are
executed satisfactorily by the
bailiffs ~

GENERAL.
I. Whether the stationerv articles
are properly ohetked, verifieda.nd
. the balance of each month properly
scrutinised before a new indent
is al'lked for 1
II. Whether all the Gazettes a.rekept
serially, neatly tied up and protec-
ted ",afely1
III. Are the furnitures checked
periodically and its report furnished
every month 1
IV. Whether the old--'record!!, Ea8t
-India Company's records are
arranged systematiCally and kept
safely ~
V. Whether all communications to
be delivered to Sheriff of Madras
are done without any delay ~
VI. Whether periodical meetings have
been arranged with the Sheriff of
Madras as and whe~ the necessity
• fl
arIses .
302

VlI. Whether a separate file is main-


tained regarding the Sheriff's
condEllencemeetings convened by
the Sherifr on behalf of the
citizen ~
VIII. Whether a feparate file is
maintained regarding the transfer
of charges by the Sheriffs ~both
incoming and outgoing '?

QUESTIONNAIRE FOR INSPECTION OF INTERPRETERS?'


SECTION.

A. ORIGINAL SIDE.
r. Register of pleadi~gs, affidvit~, tJi,r;.-
(a) Are the following registers regularly
kept ~
(i) English Affidavit Register.
(ii) Stamp Collection Register for
explanation of affidavits in
Vernacular.
(iii) Pauper Suits Book.
(b) I~ the monthly return of stamp
collection for explanation of affida-
vits in Vernaoula.r sent to the O.S.
regularly ~
(c) Are the pauper memos. calling for
the fees due fOr translation and
explanaiion promptly complied with'?

II. Translation Register-


(a) Are the stamps called fot
promptly ~
(b) Is the tUDslation work disposed of
without undue dl:lla.y~
303

B.ApPELLA'l'E SIDE.

1. Appellate Side Affidavit Regi8ter-


Is this register properly kept ?

C. :MISCELLANEOUS.
1, Register of weekly work statement-
Is this register properly maintained
and regularly su11ll1itted?

11. De8pa'ch Register (Inter-Sectional)-


Is it regularly maintained1

QUES nONNAIRE FOR THE SPECIAL OFFICER'S,


(PONDICHERRY) SECTION.
A. GENERAL.
1. Is physical verificatiOn of articles
of furniture made periodically and
a monthly verification sent to the
A.D. ?
2. Is a movement register ma.intained ?
3. Is the supervision by the Superin-
tendent effective?
4. Is the list .of Gazetted Officers
(Judicial) of the Union Territory,
Pondicherry maintained correctly,
up to date?
5. Are the Notes of Inspection of Subor-
dinate Civil Courts reviewed a.nd
submitted to the H(\nourable Judges
within three weeks?
6. Is the Library regarding Franch
Books up to date 1 (Are the Leoks
entered in the Catalogue) ?
304

"7. Are separate file8 mai1J,tained--


(a) for all judicia.l notifications and
orders issued by Govf'rnment of
Pondicheri'yunder all Acts and
pu!>ished in tbe Gazette de
l'Etat d~ Porrdicherry 1
(b) for all Legislative Bill with state-
ments of objeot, and reasons 1
)

8. Are the latest amendments to the


Acts, Regulations, Rules, Codes, etc.,
been carried out and tbe bonks up to
date 1

.9, Are daily statements of the work


done by each Clerk maintained 1

10, Are stock •and circular files main-


tained and if w, properly kept and
are they up to date 1

U. Are the weekly statements of assess-


ment of the work of the temporary
hands-(Vide Circular P. Dis. ~o. 337
of 1971), ~mbmit.ted regularly 1

12. Are the defects pointed out during


last inspection rectifi~d ~ 1£ not,
Wh.lt is the explanation 1

.13. Statinnery-
(aJ Are the indents made with due
regard to .conomy 1
(b) Are the issut's m~de nnder proper
sanction 1

14. Is a regisl:er of DJ.'~c~dents kopt


subject-war 1
305

B. SPECIAL INTERPRETER.
1. Is the translation work done with-
out delay ~

2. Is the checking of all the registers


maintained in the section done
periodically 1

3. Is the running note file maintltined


and su':Jmitted in accordance with the
instructions given in P. Dis. No. 355
of 1970 1
NOTE.-The questionnaire intended for the B.C. and referred to infra may
a.lso be adopted for the Special Interpreter who is also attending
to the A.E. and B.C. work in respect of cases arising from the
Union Territory of Pondicherry.

C. BENCH CLERK..
(a) Appeal Examiner's Work-
(1) Is the. daily statement of work
as A. E. being 8ubmh\e::l
regularly foJ.: the. scrutiny of
) the Officer1
(2) Are the returns Ii ade proper,
,. exhaustive a.nd not piecemea.l?
(3) Are there any delays over one
.week in exa.mining cases 1
(4) Are the ca.ses passed by the
Appea] Examiner sent for
docketting without delay to A.F.
Section 1

(b) B. O. Work-
(1) Is the Bench Clerk's diary written
up and the columns thereon are
filled in promptly, proverl.v and
ill it UD to date ~
306

(2) Are the drafts chdcked without


dela.y~

(3) Are thew any orders pending


examina tion fUT more than one
week? 1:1 so, what are the
reasons for such pendenny ~ Are
I tho explanations convincing and
proper ~ ;,

(4) Are refund certificates prepared


on the date of drafting of the
decree by the Bench Clerk ~

(5) Whether the issue of refund


certifica1e is noted on the Court
Fee stamps and also after the
end of valuation Gf the grounds
in the E.B. ofl be concerned
cafe ~

(6) Whether the Bench Clerk check~,


verifies and puts up all the
paper'i' in the bundle before
sending to the Officer ~

(7) Whetber initia.ls of the Bench


Clerk and Distribution Clerk are
obtained for the cases beirg
entrusted with the Bench Clerk
and returned to the Distribution
Clerk after checking ~

(8) Minutes Book-


Are the entries made every day
and signed by the Hench CI~rk
and ,-,heeked by the Offii}er
daily?
307

D. ASSISTANT.
1. Per80nal R'egister-
(a) Are the papers received promptly
entered in the Personal Register1
(b) Is it written up to date correctly
and neatly 1
Are the abstraot of subjeo I in
column 4 of the register entered
in an intelligible manner 1

(c) Are the dates and nature of


disposals not~d against each
number as Soon as disposed'
oP

(d) Is there unnecessary delay in


disposing of the correspondence
with reference to columns 3, 7
and 81

(e) Are delays noticeable in paper£!


if any, pending for more than
six months, accounted for?
~
(f) Are reminders issued systemati-
cally 1 Are reminders received
replied promptly with reference
to columns 9 and II respeo-
tively 1

(g) Have the papers of the previous


years remaining. undisposed of
on 31st Decemher been c~rried
forward to curront year's
register on 1st January and
entered at the beginning of the
first volume of the Register?
Are they checked to .see whether
any outstanding currents have
been omitterl to be entered in
the new regisfer 1
308

(h) Is the register" beln! checked


periodically and effectively ~

(i) Is a run-an-file maintained and


rectification of defects watohed 1

2. State of Disp08J.ls-
(a) Have all the papers disposed
of been duly stitchl:ldwit.h docket
sheets, wherever necessary,
indexed and sent to the record' (
without delay a.nd acknowledged
by the Record Keeper ~

(b) Have back and forward numbers


of prflcl;ldents bearing on the
same subject been entered in the
docket sheets to facilitate easy
reference 1

(c) Are indioes prepared for the


disposals and kept neatly and
separately for each of the series
a.nd years 1

(d) Does the Assistant send an


arrears list to the Offioer once.
a fortnight/month ~

3. Gall Book- ••
(a) Is it properly maintained 1 Have
any currents been improperly
closed by taking them to the
call book ~

(b) Is action taken promptly on


references noted in the call
book 1
309

4. S. R. Register-
(Duplicate register ma.intained for
the convenience of the SecLion)-
.,
Is the register maintained properly
with all columns properly filled in
and well kept?

5. Regisfer fm' tke Sessions Judgment8-


(a) Are the Sessions Judgments
received from Pondicherry
entered in the reg~stersoon
after the receipt and circulated
ii to the Honourable Judges with-
out delay 1
(b) Are remarks; if any. made by the
Honourable .Judges communi.
cated to the concerned Officers
wit,hout undue delay 1

E. TYPIST.

1. Is the typewriter in good working


t condition ~

2. Are the relevant rules in the


_~ Stationery Manual regarding the.
maintenance of the typewriter
observed and are the instructions
issued by Government, from time
to time, bein~ followed strictly 1

3. Is the machine card kep1i in the


prescribed form by the .Typist of the
Section and are the entries therein
up to date 1
310

4. Is there any instance of breakage on


account of Typist's inadvertence ~
5. Is the daily outtum of work checked
and if so by whom! .'

6. What is the average outturn of the


Typist per day ~
7 Is the outturn increased periodically
or whenever there is rush of work 1

8. Is there any instance of loss of


original documents. orders, etc..~

I
ANNEXURE IV.

APPELLATE SIDE.
(JUDICIAL ~D TRANSLATION AND PRINTING.)

High Court Form Notice to Respondents.


NO.1 and I-A.
High Oourt F9rm Notice in Civil Miscellaneous PetitioD.
No. 10. '
High Court Form Notice in Supreme Court Petition.
No. 11.
High Court Form Notice to the Respondents as to ihe
No. 12. admission of appeal in the Suprema
Court.
High CelUrt Form Notice to guardi&n of the minor.
No. 12-A.
High Court Form Notice ot hea.ring in Case Referred.
No. 13.
High Court Form N otica of hearing in Tu Casell.
No. l3-A.
High Court Form Notice to Respofldentl.
'1 ,,'
No. 14.
High Court Form Notice of admission of Civil Hevision
t No. 17. Petition ..
High Court Form Notice of admission of Second Appeal.
No. 17-A.'
High Comit Form Covering letter to Subordinate Cotf.i:t for
No. 19-A. . service of process to the Respondents.
High Court Form Reminder form for service of Notice.
No. 19-B.
High Court Form Mem:orandum for bringing on record fresh
. No. 22-A. advocate. .'
High Court Form r~jst of ca,ses' posted for order!!.
No. 23-A.
189/7-23
".
312

High Court Form List of cases notice to Respondents.


No. 23-B.

High Court Form Notice of hearing in Criminal Miscellaneous


No. 31. Petition.

High Court Form Refened Cases.


No. 32.

High Court Form i


Notice to' Public Prosecutor in Criminal
No. 33. Revision Cases.

. HIgh Court Form Notice to' Public Prosecutor .


NQ.34.

High Court Form '.Notice to' Public Prosecutor ill Criminal


No. 35. AppeaL
High Coud Form Notice in Criminal Appeal and Referred
No. :35-A. Cases (Criminal Section).
High Court Form 'Notice'in Criminal Appeal/Referred Trial.
. No. 35-B.

High Court Form Notice in Criminal Appeal (against Criminal


NC.36. Peti~io»,D ,
:High Court Form Letter intimating date of hearing in appeal
.' INo. 36-A. against acquittal.
High Court Form Memorandum calling for rt'cords in Criminal
No.' 40" I , Cases.

Hight.,Court Form Memorandum calling for records in Criminal


No. ,40-A. Revision C~se:
High Court Form Memorandum work statement. on the
No. 48. Appellate Side.

'High' Coud ForJ)'l:) Posting' Book. Judgment reserved cases


No. 51. (January-June).

High Court Form Posting Book.J udgment reserved casel'l


No. 51-A. (July-December).

";
313

High Court Form Posting book. Cases Referred to Full Be~ch


No. 52. (J anuary-J une).
High Court Form Cases Referred to Full Bench '<J.uly~
No. 52-A. December).
High Court Form Part-beardca.ses (January-Juns).<r".,U t "

No. 53.
High Court, Form Part-heard cases (July-DecelIlber). I.

No. 53-A.
High Court Form Posting Book (Criminal Appeals)j (January-
No. 54. June).

High Court, Form Posting Book (Criminal Appeals) (J uly-


No. 54-A. December).

Higli Court Form List of cases ndt heard (Criminal MiscelIane~


No. 54-B. ous Petition) (J anuary-J une).
High Court Form List of cases not beard (Criminal Miscella-
'No. 54-C. neous Petition) (July-December).

High Co:urt Form 'Register of letters received.


No. 58.
High Court Form Docket .heet in Referred Trial.
No. 62.,
High Court Form Docket sheet in Criminal ~ppeal.
No, 64~A. , -po 4

,.
Higtl Court Form Appeal against acquittal.
No. 54-B.

\
"
High Court Form Docket sheet in Criminal Revision Case.
." t" • T •

No. 66. .
If;
High Court Form Docket sheet in Criminal Miacel1 :'Lneous
No. 68. Petition.

Hi2h Conrt Form, '.StateBrief in Criminl1l' Case.


No. 69.

High Oourt Form Amicus Curiae 'aPPoIhtment fntin1ation.


; !'''..
No. 69-A.
314

High Court. Form Criminal Appeal File Book.


No. 71.
lIigh Court Form Docket sheet in Second Appeal.
No. 73.
High Court Form Register of First Appel. (Loose Yormsl.
Nq .. '14.
High Court Form Register of Appeals from Appella.te Decrees.
No. 74-A.
High Court. Form Docket sbeet Memor"ndum of Objections.
No. 75. f.
High Court Form Memorandum of Objection against findings.
No. 76.
High Court Form Notice for filing Memorandum of Objectioll_
No. 78.
High Court Form Wrapper for Vernacular Record bundles.
No. 80-B.
High Court Form
No. 81. ..
Docket sheet in Civil 1i;iscellaneous Appeal.
.

High Court Form Docket sheet in Civil Miscellaneous Second


No. 82. Appeal.
High Court Form Docket sheet in Civil Revision Petition.
No. 83.
Hig~1 Court Form Docket sheet m Civil Miscell!lJneou8
No. 84. Petition.
High Court Form File book for Civil Miscellaneous Appeal.
No. 85.
High Court Form File book for Civil Miscellaneous Second
No. 86. Appeal.
High Court :Form File book for Civil Revision Petition.
No. 87.
High Court Form File book for Civil Miscellaneous Petition.
No 88.
High Court Form Docket sheen in Regular Appeal.
'\Tfll. RQ
315

High Court Form File book for Original Side Appeals.


No. 9l.
High Court Form Docket sheet in LettersPa.tent Appeat
:Ko. 93.
High Court Form Docket sheet in Cases Referred.
No. 94.
High Court Form Index sheets for Judicial Papers.

, No. 95-A.
High Court Form
No. 96.
Order Form in Referred rrrial (ConfirmatioU;
of sentence of death).

High Court Form Stamp Register.


No. 140.
High Court Form Register of un stamped documents.
No. 143.
High Court Form Notice Form for return of papers in receiving
No. 144. sectiQn.
High Court Fonn Register of Court-Fees realised.
No. 145.
High Court Form Letter calling for papers omitted.
No. 169.
High Court Form Notice for pointing ~ut portions.
No. 171.

• High Court Form


No. 171-D.
Notice for printing pleadings.

High Court Form Notice for pointing out documents.


No. 171-D1.
High Court Form Notice for pointing out for pllJyment 01
No. 171-F. Translation and Printing charges.
High Court Form Lodgement schedule forms.
No. 171-G.
High Cq,urt Form Bill Book (Translation and Printing charges).
No. 172.
High Court Form Refund Chalan Book.
No. 178.
316

High Court Form Notice for pointing out ll0rtions in Appeal.


No. 174.
High Court Form Work statement of Translators.
No. 175.
High Court Form Pendency St'a.tement of T. & P. Applioations
No. 175 (c). with reference.
High Court Form .Notice calling for folio charges.
No. 188.
High Court Form List of copies ready for delivery (Stamp
No. 189. copy).
High Court Form Copyist Department Application.
No. 190.
High Court Form Work statement of StaIDlP Copyistl.
No. 1.90-F.
High Court Form Register of Material Objects.
.,.
No. 199.
High Court Form Official Memorandum Form '('Vernacular
No. 211. Records).
High Court Form Official Memorandum Form (Vern8;cular'
No. 21l-B. Records).
High Court Form Record Issue Register.
No. 242.
High Court Form Preparation Book (Criminal Section).
No. 321. /, .
High Court Form Criminal Miscellaneous I'etition Register.
No. 414. ••
High Court Form Reminder for return of records.
No. 427.
. High Court Form . Reminder Form .
No, 427-K.
High Court Form Preparation Register (Notice Section).
No. 430~ . .

High Court Form File Book for Criminal Revision Casi~~


No. 437.
High Court Form Judgment sent to Law Reporter. •.
No. «0.
317

High Court Form Circul~tion Register (English Record).


No. 440-A.
High Court Porm Official Memorandum,regarding sanction for
No. 441. reporting cas'es on Iiaw Reports.
High Court Form Translation and Printing file hooks.
No, 442.
High Court Form Register for issue of -printed papers';\to
No. 466. accused. "
High Court Form , List of documents to be translated and
l No. 476. printed.
r High Court Form Contents slip (Translation and Printing).
No. 479.
High Court Form' Batta forms.
No. '518.
High Court Form List for Non-Service of Processes on
No. 519. respondents.
High Court Form Notice to respondents.
No. 521.
High Court Form Lodgement Schedule (l'ranslll,tion and
No. 573. Printing).
High Court Form Check slip (Court-fees Section).
No. 574. '
High Court Form Work statement of Court \Fee Examinen.
No. 576.
High Court Form General Register.
No. 608.
High Court Form Disjtribu,ij;~on R.egister (Appea,l Exn,miners
No. 619. Section).
High Court Form Receipt for Court-fees paid.
No. 620. ;,
High Court Form Press Copy Register.
NC.642.
High Court 'Form Memorandum calling for the copies of
No. 645. documents.
318

High Court Form Rent chalan forms.


No. 649.

,I
High Court Form Stamp Register (Appeal Examiner).
No. 653.
High Court Form Register of cases referred to MMter ot
No. 654. Junge (Appea.l Examiners Sect,ion). t
~;a:igh Court ForrQ: Distribution Register (For print/No print
No. 657. cases). ' ,-.1
High Court Form
No. 664.
High Court Form
Index of cases disposal of receipt regiliiter.

Daily register of Records received (English


;1
No. 665. Records).
High Court Form Copy Complying Register.
No. 667.
High Court Form Distribution Register (English Records).
No. 669.
High Court Form Preparation Register for Crimina.l Revision
No. 671. Case.
High Court Form Notice Docket sheets.
No. 673.
High CQurt Form Register of printed papers.
No. 676.
High Court Form Record slip (Vernacular Records).
N::>.677. . •
High Court Form Record requisition register.'"
No. 678.
High Court Form Call for book (Vernacular Records).
No. 680.
High Court Form Receipt showing Court-fees paid Translation
No. 682. and Printing.
High Court. Form Record Issue :Register (Vernacular Recorda).
No. 684.
High Court. Form Memorandum for return or records to lower
No. 685. Courn.
319

High Court Form Order appointing gu:trdian.


No. 689.
High Court Form Letter to Jail ,authorities about the release
No. G93. of the accused on bail.
High Court ]'orm Check slip register (Appeal Examiners).
No. 695.
High Court Form Notice regarding despatch l,f records to.
Nu. 706. Supreme Court.
High Court Form
, -. No. 707.
Progress Report (Outer)
Printing).
(Translation and

High Court Form Progress Beport (Inner) (Translation and!


No. 708. Printing).
High Court Form Daily register of, Supreme Court Work
No. 711. received from press.
High Court Form Register of Supreme Court (Translation and
No. 712. Printing).
High Court For~ Letter forwarding manuscript to the pre@s
Nc. 716. for printing.
High Coud Form VVork Statement of Appeal Examiners.
Nc. 723.

High Court Form Registers for the use of Copy Complying!


No. 725. Section.

• High Court Porm Statement of work of the Appelll'lte Side.

, No. 749.

High Court Form


No. 754.
Register of Tax Cases.

High Court Form Register of Supreme Court Leave Petitione. -


No. 755.

High Court Form Register of Supreme Court allied Leav&


No. 756. Petitions. '"
High Court Form Tax Case Petition.
No. 759.
189/7-24.
320

High Court Form , Docket sheet in Supreme Co~rt Peti~ion.


No. 760.
High Court, Form Letter to 'the post office for enquiry about!
No. 761. , non-receipt af postal acknowledgment.
High Court ,Form Tax Oases docket forms.
No. 762.
High Court Form, Letter to' postal authority (Notice Section).
NO'. 764.
.~~\
",
High Gourt Farm Natice in Civil Revision Petitian and Civil
NO'. 766. Miscellaneaus Petitian (Priar to' Decree 'I
, I
cases).
'i "
High Court Form Notice in Tax Case Petition.
No. 767.
High Court Form Notice in Tax Cases.
No. 768.
High Caurt Form Register of Pleadings,
No. 770.
High Court Farm Sare Custody Book (Vernacular Records).
No. 836.
High Caurt Farni 'Ul'anslatian; Wark Register. '
No. 839.
'High Cautt Famn 'Notice Section' (Periodical) Statement.
I ,
No. 845.
High Caurt Form Docket, for Writ Miscellaneaus ,Petitions.
No. 847.

ADMINISTRATIVE DEPARTMENT.
" • I
High Court, Form Consolidated distribution statement
No. 44 (Stationery) .
High 'Caur~;"Form f
Register of letters, etc., received' in Judicial
N('. 58.. branch. "
High Court Form Certificate of Funds (Accounts Depart;.
No. 75-B. ment)
321

High Court Form Disposal Register.


No. 150. . .'

High C<'Jurt Form Inaent for Servj.qe stamp.


No. 15l.
High Court Form Monthly sta.tementj of rent recovery fol'
No. 180. the Advocates Chambers, etc.
High Court Form Chalan Books (Civil).
No. 183-A (1).
High Court Form Chalan Book (Criminal).
No. 183-A (2).
High Court Form Official Memorandum~
. ", No. 21l.
,- High Court Form Check slip. on statistical returns.
No. 226-A.
High Court Form Record ISSll~!' Register.
No. 242.
High Court Form' Rent Receipt Book.
No. 250~
High CQurt Form Translation and Printing
No. 251. remittance cbalan book.
High Court Form Form of Certificate for Security Deposit
No. 256-G. in Supreme Court Appeal.
High Court Form Rent' remittance register.
No. 256-J (1).
!High Court Form Electric charges. regi.ter.
No. 256-J (2).
High Court FQrm Day Book.
No. 258.
High Court Form Reminder Fonl.
No. 413-A:
High Court Form Memorandum to Advocat~ regarding pay.
No. 415-A .. ment 'of rent, etc.
High Court Form Certificate of Funds (Government SecuritieS'
No. 429. ,and
, Cash).
189/7 -24:A.
322

High Court Form Receipt. Chalab.. for Personal Deposit


No. 453. Account to Heserv:e Bank.
High Court Form 'Remittance register of receipt..
No. 483.
Hi'gh Court"Form Carriage Hire Form: '"
No. 50l.
High Court Form List showing details on non-service ,on
No. 519. respondents.
High Court Form Register of Receipts and Charges.
No. 572.
High Court Form Distribution Register.
No. 579.
High Court Eorm Personal Register.
No. 580.
High Court Form Periodical; Register.
No..58l.
High Court Form Numbering Register ('relephone Operators).
No. 582.
Hi~~ C~:)UrtForm Annual Statement IV -Part 1.
No. 595.
High Court Form Annual Statement V-Part I.
No. 596.
High Court Farm District-war Statement of Statistics.
No. 597. t .,

High Court Form Annual Statement IX (Statistics).


No. 598.
High Court Form Form to be used for sending forma to 'the:
No. 600. Press.
High Court Form Registersh~wing daily dispof.Jals uTgen~ in II

No. 602. Ourren£ Section.


tIigh Court 'B"orm. Cil~~~llationRegister (Judges).
lJo.608.
High Court Foi'm Registei' of' disposal of "A'dministrative:
I~O. 617. Department Record9.
323

High Court Form Day Book of receipt and distribution.


No. 622.
High Court Form Civil Suits Register (Accounts Section):';';
No; €i43.
High 'Court Ponn Translation and Printing refund acquitt~rice
No. 646. Register. .('"
'High Court Form Bill' Forn-is for Translation and Printing
No. 651. refunds.
High Court Form Calling Book (Current Section).
I No. 658.
High Court Form Rent Ledger .
No. 674.
High Court Form Regj,g.ter showing sanctioned scale of
No. 675. establishment.
High Court Form Printed Application Form for employnlent in
No. 681. the High Court.
High Court Form Memorandum 'l'egarding app~intment inth",
No. 701. High Court.
}, ~ l
• • I J , I

High Oourt Form Control of expenditure statement.


No. 732.

High Court Form Fair copy and despatch register.


No. 751.

High Court Form Urgent slip.

, No. 752.
High Court Form
No. 777.
Hailway Parcel Register.

High Comt Form ,Register of Confidenti!tl Ta,pal!'!.


No. 778. !'.

High ('and Form, :Register of ,ordinary cases' .{lea-It within


No. nf1. Gurrent Section. '

Hi gIl Court Form Register showing 'distribution; of work t.o


No. 780. Typist.
324

High Court Form Small Causes Court inspec~ion :report.


No. 783.
High ,Court; Form Form Re.ceipt Register.
No. 785. . • it;

High Court ,Form Da.y Book of .Rent and Electric charges.


No. 786.
High Court Form Prin ted docket for award's and. orders ,for use
No. 787. of Industrial .Tribunal and Labour Courts.

High Court Form Forms Receipt. Register (Budget ,Section).


No. 832.
High Court Form Typists' Daily Statement.
No. 837.
High Court. Form Examiners' Daily Statement.
No. 838.
High CQurt Form Cash Balance Register.
No. 840.
High Court Form Security Hegister (Accounts).
No. 848.
SHORTHAND WRITERS' SECTION.
High Court Form Carriage Hire Form.
No. 501.
High Court Form Shorthand Note-books.
No. /)12.
High Court Form
No. 548.
Shorthand Writers' Diary. ,,
BENCH CLERKS' DEPARTMENT.
High Court Form Bail Order (Single accused).
NO.5.
Bail Order (More than one aceused).
High Court
NO.6.
Form (
\.
High Court Form Letter to lower Court for service of nol ice
No. 19-A. on. the 'Respondent.
High Court F.orm. ,Interim .Order Book.
No. 47-B.
325

High Court Form Hegister ~f lettel'£ received m JucllClal


No. 58. branch ..
High Court Form Heferred 'l'rial Order of
No. 96. sentence of death). ! J

High Court Form Heferred Trial Order (Reduction of sent~nee


No. 97. of death).
it

J:Iigh Court. Form Referred Trial Order (Reversal.of sentenqe


No. 98. of death).
High Court Form Referred Trial Judgment in cases (Referred
No.9!:l. Trials) referred by Sessions J udgee.
J
High Court F()l'I!l, Eorm of Judgment in Cri:qlinal Appeal.
No. 100.
High Court, Form Judgment in Criminal Appeal" (Amicus
. No. lOa-A. Curiae) .
High Court Form Judgment/Order in Criminal Appeal (Appeal
No. 101. against acquittal). ~
High Oourt Form Order in Criminal Appeal (For acquittal):.
No. 105.
High Oourt Form Order in Criminal Revision Cases.
No. 107.
High Court Form Order in ,Criminal. Revision Cases.
No. 108.
High Court Form Order in Cases Referred (Criminal Hevision
No. 109. Cases).
High Court Form Decree Form in First Appeal.
No. no.
High Court Form Order in Oivil Miscellaneous Appeals.
No. H2.
High Court Form Civil Miscellaneous Appeals with-me~o-
No. 113 .. randum of cost. . (\
High'IConrt
No. lI5.
Form .Judgment in, Civil Revision Petition~..
High Court. Form Order in Civil Revi'~lon Petitions.'
No. 116.
326

High Court Form Dismissal Order in Civil Revision' :I1etition


No. 117. (with memorandum of costs) .
. High Court Form Order in Civil :Yliscellaneous Petition (in
No. 118. forma pauperis).
High Court Form Order in Civil Miscellaneous Petition
No. 120. (Review of Judgment).
High Court Form Decree in Second Appeal (Order XLI,
No. 123. Rule 11, Civil Procedure Code).
High Court Form 'Decree in Second Appeal (Order XLI,
No. 123-A. Rule 11, Civil Procedure Code).
J
High Court Form Ledger (Bench Clerks' Department).
. No. 124.
'High Court Form Decree in Second Appeal (Dismissal with
No. 127. memorandum of cost).
High Court Form Decree in Appeals.
No. 127-B.
High Court Form Decree in Second Appeal (Dismissal with.
. No. 128. memorandum of cost after the findings) .
High Court Form Bench Clerk's Diary.
No. 129.
High Court Form Letter forwarding copies of printed recordr;f
No. 134-A. and Judgments of the Court of Sessions
and the High Court in Referred 'Trial 811(1
Criminal Appeal. .
High Court Form Judgment in Second Appeals.
:No. 139.
High Court. Form Decree in Second Appeal.
No. l39-A.
'High Court Form. Decree in Second Appeal (where no Memo-
NO.139-B. n'Lndum of Objections 'are filed).
High Court Form Certificat,e of appearance ~f thePublid
No. 154-A. Prosecutor iIi the High Court.
High Court Form Yemonndum. ofOost 'tA'ppella.nt eoat iIi

No. 155. Second Appeal).


327

Hi~h Court Form Memorandum of cost (Petitioners and


No. 156 .Responden ts cost).
High Court Form Memorandum of costs in cases.
No. 157.
High Court Form Meinol'andum of cost in Second Appeal.
No. 158.
High Court Form ,Taxation Reference.
No. 159.
High Court Form Letter of intimation for inspecting the draftl
No. 253. of the decree issued by Manager, Bench
Clerks Department.
High Court. Form Bail slip.
_No. 523.
High Court Form Stay order III Criminal Miscellaneous
No. 589. Pet,ition. __
High Court Form Warr&nt of arrest in Criminal Appeal.
No. 590.
High Court Form Order of arrest in Criminal Appeal agains~
No. 5\)1. acquittal.
High Court Form ~egister of Shorthand cases.
No. 606.
High Court Form Register of Urgent. cases.
, No. G09.
High Court Fornn Draft Distribution Register.
No. 610.
't "

High Court Form Drafters Diary.


No,. 611.

High Court Form Bench Clerks Diary Register.


No. 612.

High Court Form Register of insertion of cases, in Origin" 1


No. 614. Side Appeal.
:PIigh Court Form Register of cases submitted t6 the Officera
No. 615. for approval. j.
328

Hi6h Court Form Fees Certificate Register.


No. 616.
High Court Form Distribution Register.
No. 619.
High Court Form Writ Order to produce or to.,appear.
Ne). 619-A.'
High Court Form Writ Order absolute. ll •

.No.619-D.
High Court . Form Memorandum of cost in Civil Miscellaneou~
No. 702. Petition.
High Court Form Urgent slip (Bench Clerk).
No. 717.
High Court Form List of cases pending for more than three
No. 739. weeks.
High Court Form Docket sheet for Judgment.
No .. 740.
IDgh Court Form Docket sheet for Decree.
'No. 741.
High Court Form Docket sheet for Or~er.
No. 742.
"
High Court Form Register of applications for M. filing.
No. 744.
High Court Form Docket sheet for Writ Petition.
No. 745.
High Court Form Writ of Certior~ri (Order absolute).
,
No. 772.
High Court Form. Writ Petition (Order for calling for records).
No. 773.
High COM Form Writ Appeal (Order against Letters Pafent
No. 774. Appeal.
High Court Form Writ Peitition(Order Nisi to produce or to
No. 782. a,ppear.
High Court Appeal Interim Orders (Civil Miscellaneout'l ~eti-
No. 789. tiona).
High Court Form Certificate of refunll of Courtlfee.. I

No. 7~~.
329

ORIGINAL SIDE

.~igh Court Form Interim Order Receiver (Insolvency) .


NO.3.
High Court Form Adjudication Order (Insolvency).
No.5.
High Court Form Protection Order Form (Insolvency).
No 8.
High Court Form Notice in First Appeal.
)
No. 14.
High Court Form Memorandum for bringing on record fresh
No. 22-A. advocates.
High Court Form Dividend Declaration Order.
No. 47.
High Court Form Dividend Payn),ent Order.
;{o. 49.
High Court Form Dividend Deposit Order.
No- 50.
High Court Form Warrant Order.
No. 57.
High Court Form Petition Memorandum (Insolvency):
No. 65.
High Court Form Original Side Decree Form.
No_ 193. r •

High Court Form JJetters of administration.


No. 277.
High .Court Form Probate.
i No;'278.
EIigh Court Form Testamentary Register.
No. 301.
High Court Form Prohibitory Order under Order XXI,
No. 305. Rule 54, Act 'V of 1908.
High. Court Form Warrant for Sale of Immonbles.
No. 316.
High Court Form Decree in Civil Suits (Current Section). .
No. 365.'A'.
330

High Court Form Order in Application (Original Side).


No. 366.
High Court Form .Original Petition Register.
No. 375.
High Court Form Order for first hearing in Original Side.
No. 380.
High Court Form Appendix A in Civil Suits (Original Side)
No. :381. (Ins<;>lvency).
High Court Form Docket sheet for Application (Original Side).
No. 383.
High Court Form . Application Docket Form.
No. 383-A.
[High Court Form Index of papers (Original Side).
No. 384.
High Court Form: Index of papers (Insolvency).
No. 384-A.
High Court Form Certificate of stat.isfaction m Original
No. 387. Petition.
High Court Form Taxation of cost (Insolvency) ...
No. 407-A.
High Court Form Index sheet for Original Side Appeal.
No. 419.
High Court Form' Posting Book in Original Side.
No. 433.
High Court. Form Form of memorandum to advocate intimating
No. 453-A. him that the draft decree or order is open
for inspection.

nigh Court Form Monthly return of Original Suits and


No. 456. . Petition.
High Court Form
No. 494.
Order in Civil Suits. . ,

High Court Form 'Consent Order ]'orm.


No. '504.


331

High Court Form Decree Nisi in Original Matrimonial Suit.


No. 534.
'High Coutt Form List of papers returned (Original Side).
No. 546.
High Court Form Lodgement Schedule.
No. 573.
i
., High Court Form
No. 578.
List6f Exhihits filed.

. ,~
High Court Form
No. 584.
Order appoin~ing guardian
in Original Petition.
for the minor
~
High Court Form Attachment of moveables ..
,/

No. 587.
'High Court Form Commissioners Heport on passing the
No. 588. account (Origin,,1 Side).
High Court Form Drafter's Diary.
No. 611. ..
lligh Court Form Register of Interlocutory Apvlicationl.
~Q. G33.

High Court Form Record Issue Register.


No. 637.
High Court Form Register of Records received in the Origina.l
No: 638. Side Records.
'.:.-
High Court Form Register of Applications for copieli filed in
No. 639. (the Original Side. )
~ J.'

High Court Porm Diary Distribution Regist.er.


No. (140.

High Court Form Original Side Diary Register.


No. 641.
High Court Form Summons Finding Register.
No. 647.

HiQ'h Court Form Suit Register (Ori~inal Side).


~o. 65'2.


High Court Form Work statement book of the decree drafting
No. 655. . (Original Side).

High Court .Form :)Register or recqrds received from other


No. 659. Courts and Offices.
High Court FQrm Disposal Register.
No. 062.
High Court Form Current Register of papers received.
No. 686.
Higll r:ourt Form Letter to Lower Court for sending .ummons
No. 714. for service on the Respondents .. r

High Court Form Urgent slip.


No. 717.
High Court Form Register of Chamber Applicatipns.
NC'. 72l.
High Court Form M'emorandum to advocate for payment of
No. 724. arrears.
High Court Form Register of Copy Applications.
No. 725.
High Court Form Monthly Statement of work of the Original
No. 748. Side.
High Court Form Process Register.
No. 771.
High Court Form Register showing clistributioll of work to
No. 780. Typist.
I

High Court Form Certificate in Original Petition ('restamen-


No. 784. tary and Intestate).
High Court Form Certifica'te for refund of Court-fees.
No. 7\:12.
. High Court Form Affidavit of service .
No. 793.
High Court Form '. Affidavit of service in Petition (Insolvency).
No. 794.
High Court Form Insolven~y Petition R.eturnabl@ Form.
No. 795.

,..
333

High Court Form Memorandum of acknowledgment III Insol-


No. 796. vency Petition.

High Court Form Consent Order Form.


Nc). 818.

High Court Porm ,iVarrant of arrest in Execution Onler.


No. 819.

High Oour. Form


No. 820.
Warl1ant of a1JtaW1ment of
property.
Immovab1e ..
High Court Form Warrant of attachment of immo'fable
.....
No. 821 .. property.

High Court Form Certificate of satisfaction 111 Execution


. No. 822. Petition (Insolvency) .

High Court Form Transmission of notice of Insolvency to the


No. 823.. Lower Court.

High Court Form Form for Transmission of Execution Peti-


No. 824. tion (Insolvency).

High Court Form General Index sheets.


No. 825.
High Court Form Inilex sheets (Or~ginal Side Appeal.)
No. 826.
High Court Form IJist of Exhibits.
Xo. 827.
High Court Form 'Warrant for Discharge (Insolvency).
No. 828.
High Court Form Draft Appeal Form.
No. 829.

fligh Court Form Warrant of Commission.


N(). 830.

High Court Form Docket Sheet (Insolvency).


No. 831. '.
334

High Court ForIl1 R.egister of Receiver Accounts.


NI). 835.

High Court Form Notice. of Annulment of Adjudica,tion


No. 842, (Insolvency) ,
High Court Form Notice as to cross of adjudication (Insol-
No. 843. vency),
.
' ,
High Court Form Notice as to cross of adjudication (witt
No. 844. columns for creditor's name (InsolvencYi.

iJj High Court Form Inventory B.,egister (Sherifl's Office),


.'
No. 849 .
High Court Form Register of fees (Sheriff's Office).
No. 850.

I
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I.

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