HIMACHAL PRADESH HIGH COURT (SCRUTINY, MAINTENANCE OF JUDICIAL RECORDS, ADMINISTRATIVE AND EXECUTIVE BUSINESS) RULES, 1997

 

PREAMBLE

In exercise of the powers vested in it under Section 23 of the State of Himachal Pradesh Act, 1970, Section 129 of the Code of Civil Procedure, 1908, as amended up to date, Section 477 of the Code of Criminal Procedure, Article 225 of the Constitution of India and all other powers enabling hereunto, the High Court of Himachal Pradesh is pleased to make the following rules for the Scrutiny, Maintenance of Judicial Records and Administrative and Executive Business of the High Court of Himachal Pradesh:-

RULES AND ORDERS FOR SCRUTINY, MAINTENANCE OF JUDICIAL RECORDS, ADMINISTRATIVE AND EXECUTIVE BUSINESS OF THE HIGH COURT OF HIMACHAL PRADESH

PART-I

CHAPTER-1 GENERAL

Rule - 1. Short title and commencement.

(1)     These rules may be called the "Himachal Pradesh High Court (Scrutiny, Maintenance of Judicial Records, Administrative and Executive Business) Rules, 1997".

Rule - 2.

These rules shall come into force with immediate effect.

Rule - 3. Definition.

In these rules unless the context otherwise requires:-

(a)      "Code" means the Code of Civil Procedure, 1908 (as amended upto date) or the Code of Criminal Procedure, 1973 (as amended upto date) as the case may be.

(b)      "Court" means the High Court of Himachal Pradesh.

(c)      "Practitioner" means an Advocate or an Attorney or a partnership of practitioners.

(d)      "Registrar" means the Registrar of the High Court and includes the Registrar (Vigilance), District and Sessions Judge (Rules), Addl. Registrar, Deputy Registrar and Assistant Registrar or any other officer exercising functions delegated to him under these rules.

CHAPTER-2 SCRUTINY OF PAPERS

(1)     A good number and variety of cases are filed in the High Court. Nomenclature of these cases depend on the subject matter and the relief(s) claimed. For registration, their brief particulars are required to be entered in the relevant register. The nomenclature of cases ordinarily filed in the High Court is as per list appended to this Chapter as Annexure-A.

(2)     On presentation of appeal, petition, suit, pleadings and applications, the Scrutiny Assistant shall deal with the same as provided under Rule 1, Chapter-V of the High Court of Himachal Pradesh (Appellate Side) Rules, 1997, or the High Court of Himachal Pradesh (Original side) Rules, 1997 as the case may be, and shall enter the particulars of all the documents in the register of daily filing.

(3)     The Scrutiny Assistant shall scrutinise the papers/documents generally to find out whether the papers/documents filed are as per the requirement of the rules and particularly with regard to the following aspects:-

(a)      Whether the papers/documents are properly indexed, paged and as per the index.

(b)      Whether proper court fee has been affixed in accordance with the provisions of the Court Fees Act.

(c)      Whether the affidavits/documents are properly verified, dated and attested, as the case may be.

(d)      Whether the documents/papers filed are legible.

(e)      Whether the requisite number of copies have been furnished and are duly certified.

(f)       Whether memorandum of parties is complete regarding name, parentage and addresses.

Note.-1.-In the "Cause Title" of all CMPs/OMPs, the person making the application should invariably be shown as "Applicant/petitioner" etc. irrespective of the fact whether such a person is plaintiff/defendant/petitioner/Applicant/Respondent etc. in the main Case/Suit/Petition/Appeal etc. The original position of the parties may, however, be shown in brackets below the words Applicant/Respondent as the case may be [O.O. No. HHC.M.I.S.C.15(58)/84 dated 19.10.1984].

Note-2.-In all the cases where an application or some petition is filed in this Court, which is different from the main proceedings, the cause title in that application or petition should be specifically mentioned at THE TOP. If need be the cause title of the main case can be given below the cause title of the application or petition. Unless the cause title is given in the manner specified above, no paper shall be accepted and entertained for scrutiny by the Registry (O.O. No. HHC/JUDL./INST/11-3/96 dated 8.7.1997).

Note-3.-At the time of scrutinizing the papers/cases, the Registry shall first see the names of the parties and also verify whether they were parties in the proceeding in the courts below. The dates of impugned judgments/orders shall also be checked carefully.

Note-4.-Whenever a party(s) dies during the pendency of proceedings before the lower court(s) or before the cases are instituted in the High Court, the cause title of the case in the High Court shall not show the name of the deceased party(s) but the name (s) of his/her legal representatives. The name of the deceased should not be shown in the Memorandum of Grounds, in all matters.

The Registry shall see that correct cause title is shown in the Memorandum of Grounds, in all matters. (O.O. No. HHC/JUDL./INST/11-3-96 dated 2.12.1996)

(g)      Whether the provision of law under which the appeal etc., has been preferred, has been duly mentioned;

(h)     Whether certified copies of judgments, decrees or orders which are required to be filed under the law/rules have been duly filled;

(i)       Whether the appeal etc., is within limitation:

Note.-Whenever an appeal is instituted along with an application u/s. 5 of the Limitation Act, 1963, the office shall check whether court fee has been paid properly and whether all other requirements of the Rules are satisfied. If the papers are in order, the application for condonation of delay shall alone be registered and posted before the Court for orders. After the delay is condoned, the main matter may be registered and posted for admission. If the delay is not condoned, the main matter has to be rejected.

The payment of Court fee payable in respect of main matter in such cases shall not be deferred. (O.O. No. HHC/JUDL./INST/11-3-96 dated 16-11-1996)

(j)       Whether the case on the face of it is maintainable;

(k)      Whether the case is within the jurisdiction of the High Court;

(l)       Whether copy(s) where required to be served on the parties in advance have been so served.

Note.-1. Henceforth no petition, reply, affidavit, rejoinder and replication etc. shall be accepted by the Registry until a copy of such petition, reply, affidavit, rejoinder and replication etc. is shown to have been served on all the parties including the co-respondent, if they are represented. If any petition, reply, affidavit, rejoinder and replication etc. is filed by any party without supplying a copy thereof to the opposite side, the same shall be returned to the party concerned for doing the needful as aforesaid.

The dealing case-clerks shall also ensure that before registering any petition etc., the above requirement shall be checked by them and in case they find that a copy of a particular petition etc. has not been supplied to the opposite party, the same shall invariably be returned to the party after recording the objection thereon. (O.O. No. HHC/J.S.(58)/84, dated 26.5.1985).

Note-2. In future, in all matters in which the Court directs the issue of notice to the Union of India or to any State Government or to any of its authorities, the petitioner/appellant shall specify the proper department of the Union of India or the State Government as the case may be, on whom the notice is required to be served. The notice shall be served on the appropriate Department and additionally on the standing counsel/Advocate of Union Government or the State Government concerned along with a copy of the petition with its Annexures. In addition to the usual mode of service, the petitioner/appellant may make a request to the Registrar for dasti service on the appropriate Department and Standing Counsel. The Standing Counsel of the Union of India or the State Government concerned shall obtain necessary instructions from the appropriate Department or authority.

In every matter where an application is filed for an ad-interim stay or injunction against the Union of India or any State Government or any of its authorities, a copy of such application shall be served upon the Standing Counsel/Advocate for the Union of India or the concerned State Government before the matter is listed in Court, except when the Court otherwise directs. As a corollary to the above directions, before matter is listed for hearing after or before notice as the case may be before the Court(s), all concerned shall ensure that the above practice/directions have been complied with.

(C. No. HHC/Rules/1990, dated Oct., 15, 1990).

Note-3. (i) When a party is represented by a counsel, copies of petitions/application/replies/rejoinders/written statements/replications etc. filed by the opposite party(s) be got served on/delivered to the said counsel before the filing of the original papers in the Registry.

(ii) The Registry shall not accept the postal receipts as evidence of service in cases where service could be made on the counsel on record, if there is such a counsel.

(iii) In case, the counsel is already on record and the opposite party does not serve the counsel with a copy of the papers intended to be filed in Registry the latter should not accept or process the same, but should insist upon service on the counsel before taking it on the file.

(iv) Service can be effected by registered post on a party only if such party is not represented by a counsel.

(O.O. No. HHC/JUDL./(G.I. 19-1/95, dated October 17, 1996)

(m)    Whether power of attorney/vakalatnama is properly filled in and signed by the parties, his Special/General Power of Attorney and the counsel.

Note.-(i) When the copies of 'General/Special Power of Attorney' are filed or placed on record in order to show authority to institute a cause, the Registry shall obtain the Original 'General/Special Power of Attorney' and compare it with the copy(s) so filed. Thereafter an endorsement shall be made by the scrutiny Official qua the corrections/otherwise of the copy placed on record and then the Original G.P.A./S.P.A. be returned.

(ii) The Registry shall examine the extent of authority given under the 'General/Special Power of Attorney' and also whether it authorises signing/prosecuting etc. of cause(s) so filed.

(O.O. No. HHC/JUDL./INST/11.3.96, dated Shimla, the December 28, 1996).

(n)     Whether General/Special Power of Attorney has the power to present the papers/documents.

(o)      Whether the case is of the nature where under any law for the time being in force, any amount required to be deposited before preferring the appeal etc. in the High Court, has been deposited or not.

(p)      Where a party is represented by a counsel, the Registry shall not accept any petition or application made by or on behalf of such party except through the counsel who appears in the proceedings on behalf of such party and in case of Government authority, no such petition or application shall be accepted save and except through the office of the Advocate General.

Note:-At the time of scrutiny of the papers the instructions at Annexure 'B' shall also be kept in view.

(4)     The Scrutiny Assistant shall cause every paper/petition/document to be stamped and court fees stamp affixed thereon, cancelled and punched.

(5)     In case on scrutiny, the documents/papers are found in order, the case will be duly registered.

(6)     In case any document/paper is found to be defective and having not been filed in accordance with the provisions of law and the Rules, the same shall be returned to the party presenting it for rectification or amendment as the case may be

(7)     In case the Memorandum of appeal, paper/document etc., is found to be defective, and cannot for any reason be returned to the party presenting it, it shall be notified as a matter held 'under objection' in the cause list.

(8)     The maximum period for removal of objection(s) shall be seven days at a time and 20 days in aggregate. In case the Objections are not removed within the aforesaid maximum period of 20 days, the matter shall be dealt with in accordance with Rule 7 of the Chapter 6-C of Rules, 1997 or as the case may be.

 

ANNEXURE-A

NOMENCLATURE OF CASES

 

ANNEXURE-'B'

(1)     When a petition/appeal/application is filed on behalf of some INSTITUTION, the name of the person through whom the said INSTITUTION is preferring the case, shall specifically be mentioned in the memorandum of parties.

(2)     The AFFIDAVIT in support of the main/misc. case(s) shall be sworn and filed only by a person who has a legal right to maintain a petition/appeal/application.

(3)     An APPLICATION for the implementation of a judgment/order shall be filed only by a person who was a party to the concerned case or by his legal representatives.

(4)     The POWER-OF ATTORNEY (Vakalatnama) must bear the complete name and address of the Office/residence of the advocate(s) concerned, for facilitating the service of notice(s).

(5)     It is to be scrutinized minutely whether the applicant can file/maintain a petition/appeal/application, in a decided case.

(6)     It must invariably be scrutinized whether copies of the petition/appeal/application have been supplied to the advocate(s) of the opposite party(s) and whether the copies thereof have been supplied to the unrepresented party(s).

(7)     If the applicant is not a party to the main case, the matter shall not be registered but returned to the Scrutiny section for doing the needful.

(O.O. NO. HHC/JUDL./INST/11-1/96, dated 23rd Feb., 1997)

CHAPTER-3 RULES OF PROCEDURE IN APPEALS

(a)     Judgment and Orders

(1)     Oral and written judgment.-

Judgments may be written by the Judge in English and delivered orally, and in the latter case a note thereof in writing in the English language, or short hand, shall be taken by an officer of the Court in attendance for the purpose. The note so taken shall be written out or typed in full by the officer by whom it was taken, and shall be submitted by him to the Judge for correction. After being corrected by the Judge, where necessary, and signed by him, it shall be filed as the Judgment of the Court.

(2)     Pronouncing judgment.-

(1)     After a case has been heard, judgment may be pronounced either at once or on some future date which shall be notified in the Cause List. No other notice to the parties shall be necessary.

(2)     Where a case is heard by two or more Judges and judgment is reserved, their judgment or judgments may be pronounced by any one of them. If no such Judge be present such judgment or judgments may be pronounced by any other Judge.

(3)     Where a case is heard by a Judge sitting alone and judgment is reserved, his judgment may, in his absence, be pronounced by any other judge.

(3)     Opinion recorded before delivery of judgment.-

When an appeal has been heard by a Bench of Court, the written opinions of the Judges who heard the appeal, but have ceased to be attached to the Court before delivery of judgment, shall unless, delivered by another Judge of the Bench which heard the appeal, be deemed to be minutes merely and not judgments.

(4)     The judgment should contain full short cause title i.e. the names of all parties thereto.

(5)     The Judgment in Civil Suits should have a list of witnesses and exhibits at the end in an annexure; the annexure shall be prepared by the Court Secretary in the court of the concerned Judge. The Court Secretary shall start preparation of the annexure on the day the examination of the witnesses and exhibiting of the documents start and go on adding the names of witnesses examined and documents exhibited on each day as the trial progresses till its final conclusion.

(6)     If in any appeal additional evidence has been admitted the judgment in the said appeal shall have a list of witnesses or/and exhibits appended thereto at the end of the judgment.

(b)    Appellate Decrees:

(7)     Decrees in English.-

The decree of the High Court shall be drawn up in English, and shall bear the same date as the judgment.

(8)     Contents of decree.-

(i)       The decree shall contain the number of the appeal, the names and description of the appellant and respondent, the names of the plaintiff and defendant in the suit and the description of Court from whose decree or order the appeal is preferred, with the date of such decree or order and shall clearly state the relief granted or other determination of the appeal, in such manner as not to render reference to other documents necessary, except the decrees of Courts below when those decrees are affirmed or varied, but not reversed.

(ii)      Decree to mention costs.-The decree shall also state the amount of costs incurred in the appeal, and which parties shall pay the same and in what proportions

(iii)     Decrees in pauper appeals.-In appeals by indigent persons, the provisions of Order 33, Rule 10 of the Code shall be observed.

Unless otherwise ordered by Court, in the body should be inserted-

"The following Court fee costs are recoverable by Government as a first charge upon the subject matter under Order 33, Rule 10 of the Code of Civil Procedure."

(9)     No decree under Order XLIX Rule 11.-

No decree shall be drawn up in which the decision of the lower Court is confirmed under Order 49 Rule 11, of the Code.

(c)     Instructions regarding issue of notices on elevation/death of an Advocate and in application u/o 22 C.P.C.

(1)     In the matter of elevation of an Advocate to the Bench or death of the Advocate or appointment otherwise of an advocate, the Registry shall issue notice to the party only if there is no other Advocate on record at that time. Such notices shall be issued within one month from the date of elevation etc. The party shall be informed that if he does not make arrangements for engaging an Advocate or conducting a case within four weeks of the receipt of the notice, he will be set ex parte.

(2)     (i) No fresh notice/intimation needs to be sent to a party in a case where such party has once been served.

(ii) In a case where any party appears in person and no next date in the case is fixed, the Court may inform such party that the matter is likely to be taken up after some time and that such party must make arrangements for their representation/appearance in the case for the next date of hearing and/or to ascertain such date and no further notice about the date of hearing of the matter will be issued.

(3)     While directing issue of notice(s) on an application to bring on record the legal representatives of a deceased party, notices of main proceedings may also be ordered to be issued simultaneously to the proposed legal representatives and once such notices are served on them, no further notice of the main proceedings will be issued to the party which may be added/impleaded as a party to the main proceedings.

The registry shall concentrate on old cases keeping in view the above instructions (O.O. No. HHC/JUDL./INST/11-3/96, dated Nov., 30, 1996).

NOTE-1.-The following time limits are provided for the return of notices issued to the parties whose counsel have been either elevated to the Bench or appointed elsewhere or upon the death of the counsel:

NOTE-2.-Many a time the tearsheet of the newspapers containing publication under Order V rule 20, Civil Procedure Code, 1908, are not received in the Registry well before the appointed date and in its absence effective orders cannot be passed in the matter(s) which results into lot of harassment to the parties concerned.

Therefore, in order to avoid such an eventuality, the officials working in the Library section of this Registry shall send a Xerox copy of each and every such publication appearing in any of the newspapers, on that very day, to the Assistant Registrars of the Judicial Branch, without fail, (O.O. No. HHC/JUDL./INST/11-3/96, dated November 20, 1996).

CHAPTER-4 MAINTENANCE AND DESTRUCTION OF REGISTERS, CASE FILES, RETURNS AND CORRESPONDENCE

The following rules shall be applicable for the maintenance and destruction of records:-

Part I-General

(1)     Destruction of records to be made in accordance with the following rules.-All judicial records, books and papers in respect of which the period, hereinafter prescribed, for their preservation has expired, shall be destroyed in accordance with the direction contained in the rules next following. Provided that the Deputy Registrar may order, for reasons to be specified, that any particular paper or the record of any particular case be preserved beyond such period.

(2)     Supervision of destruction.-The destruction of Judicial records, books and papers, shall be carried out from time to time as may be necessary, and, subject to general superintendence of the Deputy Registrar, shall be supervised by such officer, hereinafter called the supervising officer, as may be appointed by the Chief Justice for the purpose.

(3)     Manner of destruction of record and stamps.-The destruction of judicial records, books and papers including all Court fee stamps affixed thereto shall be effected by burning them by or in the presence of the supervising officer.

 

Part-II-Judicial Records

(4)     Division into parts 'A' and 'B'.-Every judicial record shall, for the purposes of these rules, consist of two parts, namely (1) Part-A and (2) Part-B. Every document admitted to such records shall be marked with the letter A or the letter B according as it belongs to Part A or Part B, and shall be placed with such file and shall without delay be entered in the general index prefixed to each such record.

"When a fresh amended petition has been filed incorporating the amendment duly granted, the original petition must remain on the paper book and must be placed immediately after the amended petition on Part-A of the file."

(O.O. No. HHC/JUDL./INST/11-3/96, dated Dec. 6, 1996).

(5)     Part A of the Civil Judicial record shall consist of the following documents, namely:-

(a)      In Original suits

(1)     The tablaq or envelope containing particulars of the case and a brief abstract of the orders in English.

(2)     The index of papers.

(3)     The order Sheet.

(4)     The plaint, together with any schedule annexed thereto, and all documents whether original or copies, filed with the plaint.

Note.-In miscellaneous case the petition or written application of the party setting the Court in motion will take the place of the plaint.

(5)     The written statements and pleadings of the parties.

(6)     Applications of parties who are strangers to the suit, with the Court's order thereon.

(7)     Orders of appointment, removal or discharge of a guardian or next friend.

(8)     The memorandum of issues, with amended or additional issues, if any.

(9)     All depositions of witnesses.

(10)   Order for fining a witness.

(11)   All documents or certified copies thereof received by the Court during the trial as evidence between the parties.

(12)   Order impounding a document.

(13)   Commissions, proceedings, held thereunder and reports and examination of Commissioners.

(14)   Affidavits.

(15)   Reports furnished by the record department.

(16)   Applications to refer to arbitration, references to arbitration, the award or other final return of the arbitrators, with the proceedings, depositions and documents submitted therewith, and any application to set aside the award, with the Court's orders thereon.

(17)   Instruments of withdrawal, compromise or confession of judgment.

(18)   Orders of arrest or attachment before judgment with all documents relating thereto.

(19)   Interlocutory orders of the Court.

(20)   The judgment, translation thereof (if any), or other final order.

(21)   The decree and all documents relating to the preparation or amendment thereof.

(22)   All notes in the handwriting of the Judges.

(23)   Application for the re-admission of a suit dismissed for default or for the re-hearing of a suit decreed ex-parte.

(24)   Applications for review of judgment with the Courts orders thereon.

(25)   All receipts and acknowledgements filed in execution proceedings.

(26)   Petition for substitution, addition or striking out of names of parties or for substitution of the names of the heirs of a decreased plaintiff or defendant, if allowed.

(27)   Summons in ex parte cases.

(b)      In Appeals and Miscellaneous cases (including Reference and Revision proceedings).

(1)     The tablaq or cover containing particulars of the case and a brief abstract of orders in English.

(2)     The index.

(3)     The memorandum of appeal.

(4)     The notice, with report of service, in ex parte cases.

(5)     Memorandum of objections under Order XLI, Rule 22 or 26 of the Civil Procedure Code.

(6)     The finding on issues referred to the lower court for trial under Order XLI, Rule 25 of the Civil Procedure Code.

(7)     Security bond for costs filed by the appellant.

(8)     Petitions for substitution, addition or striking out of names of parties or for substitution of the names of the heirs of a deceased appellant or respondent, if allowed.

(9)     Depositions of parties or witnesses taken in this Court or by the lower Court on remand.

(10)   Order for finding a witness.

(11)   Commissions, proceedings held thereunder and reports and examinations of Commissioners.

(12)   Order of appointment, removal or discharge of a guardian or next friend.

(13)   Documents filed by the parties.

(14)   Order impounding a document.

(15)   Affidavits, except those presented with applications which are rejected.

(16)   Applications to refer to arbitration, references to arbitration, the award or other final return of the arbitrators, with the proceedings depositions and documents submitted therewith, and any application to set aside the award with the Court's orders thereon.

(17)   Instruments of withdrawal, compromise or confession of judgment.

(18)   Interlocutory orders.

(19)   the Court's judgment, translation thereof (if any), or final order.

(20)   The decree and all documents relating to the preparation or amendment thereof.

(21)   Application for the re-admission of an appeal, application or petition dismissed for default, or for the re-hearing of an appeal, application or petition decreed ex parte with final order thereon.

(22)   Application for review of judgment with final order thereon.

(23)   Judgment and final order on applications referred to in (21) to (23).

(24)   Reference under Order XLI, rule 1 of the Civil Procedure Code or other law, with the final order.

(25)   Three copies of the printed record of Civil Appeals heard by the High Court.

(c)      In Civil Writs:

(1)     The tablaq or cover containing particulars of the case and brief abstract of orders in English.

(2)     The index.

(3)     The petition together with any Schedule annexed thereto.

(4)     The reply or the written statement and pleadings of the parties.

(5)     Documents filed by the parties.

(6)     Order impounding a document.

(7)     Affidavits except those presented with applications which are rejected.

(8)     Depositions of the witnesses.

(9)     Commissions, proceedings held thereunder and reports and examination of Commissioners.

(10)   Interlocutory orders.

(11)   Instruments of withdrawal, compromise or confession of judgment.

(12)   Court's judgment or final order.

(13)   Application for review of judgment with final orders thereon.

(14)   Notice with report of service, in ex parte cases.

(15)   Application for re-admission of petition dismissed in default or for the rehearing of the petition decided ex parte with final order, thereon.

(16)   Petitions for substitution, addition or for striking out of names of parties, with final orders thereon.

(17)   One copy of paper book in all cases in which a paper book is printed, cyclostyled or typed."

(6)     Part B of Civil Judicial record.-Subject to any direction by the Court to the contrary part B of a Civil judicial record shall consist of all documents in such records as are not indicated in the preceding rule as belonging to part A.

(7)     Part A of Criminal Judicial record.-Part A of a Criminal Judicial record shall consist of the following documents, namely:-

(a)      In an original trial, of all papers.

(b)      In an appeal, reference and revision of-

(1)     The tablaq or envelope containing particulars of the case and a brief abstract of the orders in English.

(2)     The index.

(3)     The petition of appeal or revision or letter of reference.

(4)     Any additional evidence taken under the orders of the High Court on remand.

(5)     Translation of police reports.

(6)     Interlocutory orders of the Court.

(7)     Judgment and formal order of the Court, and translation of the same.

(8)     All notes in the handwriting of a Judge.

(9)     Copies of the judgments of the lower courts.

(c)      In Criminal Writs:

(1)     The tablaq or envelope containing particulars of the case and a brief abstract of the orders in English.

(2)     The Index.

(3)     The petition together with schedule annexed thereto.

(4)     Interlocutory orders of the Court.

(5)     Judgment or final order of the Court.

(6)     All notes in the handwriting of the Judge.

(7)     Copies of the judgments of the lower Courts."

(8)     Part B of Criminal Revision record.-Subject to any direction by the Court to the contrary part B of a Criminal judicial record shall consist of all documents in such records as are not indicated in the preceding rule as belonging to part A.

(9)     What documents in part A of judicial record to be preserved permanently.-The following document belonging to Part A of a judicial record shall be preserved permanently, namely:-

In Civil Cases including Civil Writs:

(1)     The index.

(2)     The judgment of the Court.

(3)     The decree of the court.

(4)     Unreturned deeds.

(5)     One copy of the printed paper book in all cases in which a paper book is printed, in other cases copies of the judgments of the courts below and the memorandum of appeal presented in the High Court.

In criminal Cases including Criminal Writs:

(1)     The index.

(2)     The judgment of the Court.

(3)     Warrants of commitment or execution, when returned.

(4)     Unreturned deeds.

(5)     One copy of the printed paper book in all cases in which a book is printed and in other cases copies of the judgments of the court below and the memorandum of appeal presented in the High Court.

(10)   Records be preserved for thirty years.-Subject to the provisions of Rule 9, the following records shall be preserved for thirty years, namely:-

(1)     Part A in all Civil cases.

(2)     Part A of all appeals involving title to immovable properly as defined in section 3 clause 26 of the General Clauses Act, 1897 (No. X of 1897).

(3)     Part A of all appeals relating to the succession to an office or to establish or set aside an adoption or otherwise determine the status of an individual, and of all appeals relating to trusts or religious endowments.

(4)     Part A of proceedings under the Guardian and Wards Act, 1890 (No. viii of 1890) and the Indian Succession Act 1925 (No. XXXIX of 1925) and all cases connected with the custody and disposal of interstate property.

(5)     Proceedings under the Indian Divorce Act, IV of 1869 and the Indian and Colonial Divorce Jurisdiction Act, 1926.

(6)     Judgment of the Supreme Court in appeals preferred from orders of the High Court.

(7)     Murder references.

(8)     Original criminal trials.

(9)     Part A of Criminal appeal and Reference cases relating to cases decided by the Courts of Sessions and of all cases coming under Chapters XII and XVII, Indian Penal Code to which section 75 of the Indian Penal Code is applicable; Provided that in the cases referred to in (9), (10) and (11), if the sentence has not been fully executed, the record shall be preserved until the return of the warrant and shall then be destroyed.

(10)   Part A of appeals or reference under Chapter XXXII, Criminal Procedure Code, in which the orders of the Courts below have been interfered with.

(11)   Cases in which any public servant has been tried as such.

(12)   Records relating to the disposal of immovable property forfeited to Government under section 62 Indian Penal code.

(13)   Part A of cases heard in the exercise of insolvency jurisdiction other than that conferred by Act V of 1920.

(14)   Part A of criminal cases in which a lunatic is concerned unless the lunatic shall have been subsequently tried or have died.

(11)   Record to be preserved for twelve years.-Subject to the provisions of Rule 9, the following records shall be preserved for six years, namely:-

Part A of Civil and Criminal Appeals and Civil and Criminal reference cases not mentioned in Rule 10.

(11-A) Subject to the provisions of Rule 9 Part A of the records in writ petitions under Article 226 of the Constitution of India shall be preserved for a period of 12 years, provided that such records shall be preserved for a period of 3 years only in those cases where a writ petition is dismissed in limine or on preliminary hearing or when it is dismissed as withdrawn or as infructuous.

(12)   Records to be preserved for six years.-Subject to the provisions of Rule 9, the following records shall be preserved for six years namely:-

Part A of the record in applications for the exercise by the Courts of its revisional jurisdiction under the Code of Criminal Procedure.

(13)   Time of destruction of part B.-Part B of a judicial record and applications of a miscellaneous character filed with such record shall be destroyed before such record is consigned to the record-room, provided that, where an appeal lies to the Supreme Court, Part B of the record of such appeal shall be preserved until the period for the presentation of an appeal has expired, or where an appeal has been made, till the judgment of the Supreme court has been communicated to this Court:

Provided also that when a case in this Court has been dismissed for default or heard ex parte, Part B of the record shall not be destroyed until the expiry of six months from the date of the decision:

Provided further that a Power of Attorney filed in a Civil Appeal in which a Letters Patent Appeal lies to the High Court shall be preserved until the period for the presentation of a Letters Patent Appeal has expired, or where an appeal has been made till the judgment therein has been pronounced.

(14)   Date from which period to be reckoned.-The period prescribed by Rules 10, 11 and 12 of these rules for the preservation of judicial record, shall be reckoned from the date of the final order of the Court in the case.

(15)   Note of destruction to be made in register etc.-A note of every judicial record destroyed under the provisions of these rules shall be made, under the signature of the supervising officer, at the time of destruction in the register in which the case is entered, and also in the general index prefixed to such record.

(16)   Private Government documents and impounded documents how to be dealt with.-

(i)       Documents belonging to private persons or to Government as a party to the proceedings or which have been impounded in the cases in which they were produced shall not be destroyed, but shall be dealt with in the manner provided by the clauses of this rule next following.

(ii)      When the period prescribed by Rules 10, 11 and 12 of these rules for the preservation of Part A of a judicial record has expired, and before such part is destroyed all documents of the nature specified in clause (i) of this rule shall be removed therefrom and kept till application is made for their return.

(iii)     A document shall not be returned within the period specified in Order XIII, rule 9 of the Code of Civil Procedure, until a certified copy thereof has been delivered to be substituted for the original, nor shall a document be returned which has been ordered to be impounded or which has, by force of a decree or order of the Court, become void or useless, or which is required by law to be filed and preserved, e.g., a will under Section 294 of the India Secession Act, XXXIX of 1925.

 

Part-III-Registers

(17)    Classification.-

The registers of the court shall, for the purposes of these rules, be divided into three classes, namely:-

A-Primary.

B-Subsidiary.

C-Statistical.

All the registers shall be maintained in English.

 

A-Primary

(18)   Primary registers.-

(i)       The primary registers are those which have to do directly with cases filed in court, and which form an abstract of the progress and disposal of such cases.

(ii)      Definition and period of preservation.-The following primary registers shall be maintained and shall be preserved for the period specified against each:-

 

B-SUBSIDIARY

(19)   Subsidiary registers. Definition and period of preservation.-

The subsidiary registers are for administrative purposes, and the following shall be maintained, and shall be preserved for the period specified against each:-

 

STATISTICAL

(20)   Statistical registers. Definition and period of preservation.-

The statistical registers are for purposes of preparing the monthly and annual returns of the Court, and the following shall be maintained and shall be preserved for the period specified against each:-

 

PART IV-OTHER PAPERS

A-Periodical returns

(21)   Periodical returns period of preservation.-

(a)      The following returns shall be preserved for one year and then destroyed:-

(b)      The following returns shall be preserved for two years and then destroyed:-

(c)      The following returns shall be preserved for three years and then destroyed:-

Note.-(1) Correspondence connected with the above returns will be destroyed at the same time, except such as may be of importance, which will be preserved for another year.

(2) The general statements compiled in the High Court office for the preparation of the Civil and Criminal reports as well as the general statement of Civil and Criminal work will be preserved for ten years and then destroyed. The general monthly statements of the work of District Courts will be preserved for the same period.

 

B-Correspondence

(22)   Correspondence period of preservation.-

The following will be preserved for one year and then destroyed:-

(i)       Reminders.

(ii)      Charge certificates.

(iii)     Letters asking for circulars, almanacs, copies of rules, petitions for employment, private letters and petitions asking for information regarding rules or the practice of the Court and such like.

(iv)    Arrear statements.

Personal files of Officers,-period of preservation.-Personal files of all officers and ministerial and menial servants of Government-

(a)      who die while in service, shall be preserved for three years after their death and then destroyed; provided there are no outstanding claims on the part of their heirs, and

(b)      who have retired, shall be preserved until their death and then destroyed; provided that no file shall be destroyed before three years from date of retirement when death occurs within three years of retirement.

 

C-Accounts

(23)   Accounts period of preservation.-

Bills and vouchers will be preserved for three years and then destroyed; in the case of sub-vouchers for Rs. 25 or under, which are not submitted to audit, this period will, however, be reduced to one year only. Care should be taken to ensure that no bill or voucher is destroyed even after the expiry of the above periods until all audit objections, if any, relating to it have first been settled. Counterfoils and miscellaneous account papers will be preserved for three years and then destroyed. Cash books, journals and Ledger accounts shall be preserved indefinitely in the absence of special orders to the contrary.

(23-A) The main principles which should guide the destruction of accounts records should be that so long as an objection is outstanding and the accounts have not been completely checked and accepted in audit, they and the supporting documents should not be destroyed even though the period of preservation prescribed in the rules may have expired.

 

Press Declarations

(24)   Press Declaration-Period of preservation.-Press declaration made under sections 4, 5 and 8 and submitted for record in the High Court under section 6 of the Press and Registration of Books Act, XXV of 1867, shall be destroyed after a period of one year from the date on which the press or the periodicals concerned ceased to exist.

 

General

(25)   Letter 'D' to be put in register against paper destroyed.-When any paper is destroyed, the letter 'D' shall be entered in red ink against the entry in the register.

(26)   Mode of calculating period of preservation.-The period for which a paper is to be preserved shall be reckoned from the 1st of January following the date which it bears, e.g. papers of 1995, which under these rules have to be retained for one year, will become liable to destruction after the 31st December, 1996.

 

Part-V

Maintenance of Registers and Files of Original Side Matters.

(1)     Registers to be maintained.-

The following Registers shall be kept on the original Civil Side by such ministerial officer or officers as the Registrar may, subject to any order of Chief Justice direct.-

(i)       Register of rejected plaints;

(ii)      Register of Civil Suits;

(iii)     Register of documents, filed in Civil Suits;

(iv)    Register of miscellaneous applications;

(v)      Register of Wills;

(vi)    Register of decree received for execution from other Courts; and

(vii)   Register of Execution Applications.

(2)     Arrangement of record in pending matters.-

The record of regular suit shall be divided into the following four parts:-

(i)       main file;

(ii)      miscellaneous application file;

(iii)     process file; and

(iv)    execution file.

Note.-Where the documents are filed/tendered in a case in the Court they must be paged and tagged with the concerned case file before the next date of hearing. (O.O. No. HHC.J.Misc.15(58)/84 dated Sept. 30, 1985).

(3)     Contents of main file.-

The main file shall be kept in the following order:-

(i)       diary;

(ii)      order sheet;

(iii)     plaint together with any schedule annexed thereto;

(iv)    written statement;

(v)      any other pleadings;

(vi)    memorandum of issues;

(vii)   (a) oral evidence;

(b) evidence taken on commission; and

(c) documentary evidence;

(viii)  application for reference to arbitration, the award of arbitrator, petition of compromise and report of the commissioner and objections to the Commissioner's report, if any;

(ix)    judgment and decree; and

(x)      copy of the judgment and of the decree of the Appellate Court or Courts, if any.

(4)     Miscellaneous application file.-

In the miscellaneous application file there shall be kept all petitions, affidavits, and other documents not specifically included in any other file.

(5)     Process.-

The process file shall contain-

(i)       the index;

(ii)      powers of attorney;

(iii)     summon and other processes and affidavits relating thereto;

(iv)    applications for summoning witnesses;

(v)      letters, etc. calling for records etc.

(vi)    all other miscellaneous papers.

(6)     Execution file.-

The execution file shall contain-

(i)       the diary;

(ii)      the execution application;

(iii)     the order sheet;

(iv)    all processes and other papers connected with such execution proceedings.

(7)     Distribution to proper files.-

The splitting up of the record and the distribution of the papers into the proper files shall in all cases be done at the outset and shall be continued from time to time as and when they are received. Papers in each file shall be paged separately.

(8)     One file in miscellaneous applications.-

For applications there may be only one file with a title page prefixed to it. Immediately after the title page shall be fixed the diary, the miscellaneous applications, the order sheet and then other documents.

(9)     Diaries.-

Diaries shall be kept by the Reader in such form as may be prescribed. They shall be written legibly. The diary in the main file shall show a concise history of the suit of matter including the substance of the order passed on all interlocutory applications therein. The diary in execution proceedings shall contain a complete record or all proceedings in execution of a decree.

(10)   Order sheet.-

(a)      The order sheet shall contain all orders passed by the court at any hearing.

(b)      All orders shall be in English and signed by the Judge.

(c)      The order sheet shall also contain reference to the application, return, report or other similar document with respect to which an order is made.

(d)      Except in the case of such routine order is "call for the record", "put up with the record" and orders made in chambers, orders shall not be written on applications, returns, reports and other similar documents.

(11)   Removal of record from Court House.-

No member of the establishment shall remove any official paper or record whatever, from the Court House without the special sanction of the Registrar.

 

Part-VI

(1)     A register known as Register 'X' shall be maintained by the Case Clerk dealing with the R.F. As (LAC), F.A. Os (MVA) giving the information as per annexure 'A'. As and when an appeal is instituted and it is received by the concerned dealing clerk, after necessary scrutiny and registration, he will enter such appeal in the Register 'X' and after verifying whether there is any connected/cross appeal, he will make a note of the same in the relevant column of the Register 'X' and also mention this fact in Part-B of the case file in red ink with an endorsement for the Reader for bringing the fact to the notice of the Hon'ble Court at the time of admission/hearing. In the Register 'X", entry should be made Sessions Division-wise and within the Sessions Division-Court-wise. This would facilitate expeditious location of appeals arising out of common appeals/awards.

(2)     The practice should be not to list for admission any matter which appears to arise out of a group, unless there is urgency to the satisfaction of the Registrar, till the period of limitation for bringing appeals, in the companion matters belonging to the same group has expired. The period of limitation may be computed on the basis of the supply of certified copy in the first case which has been brought. All the case files belonging to the same group must contain an endorsement in red ink on the top of the file giving the numbers of connected appeals, apart from the necessary endorsement in Part-B of the file. All such cases must be listed together as a batch for admission/final hearing except in cases of urgency or interlocutory application confined to a particular case.

(3)     A similar register be also opened by Case Clerk(s) dealing with the Criminal Cases with regard to criminal matters resulting in acquittal at the lower Courts' level so that a complainant's appeal/revision and State's appeal/revision against the same decision is also taken up together. (O.O. No. HHC.Misc.15(58)/84 dated August 24, 1985).

(4)     The File Movement Registers in the form Annexure-B shall hereafter be maintained at all levels.

(5)     File Movement Registers in respect of the files to be received by the officers shall be maintained by their Private Secretaries/Personal Assistants/Stenographers or other official(s) of their personal staff as may be directed by the officer and such official will initial the register in token of receipt of the files on behalf of the officer. (O.O. No. HHC/ESTT.7(16)/96-Dated May 15, 1996).

(6)     The communications despatched from the branch to another branch of the High Court or from any branch of the High Court to any other office which are sent through peon shall be entered in the Peon Book without fail and the Peon shall in turn obtain the signature of the person receiving the communication. (O.O. No. HHC/VIG/VK.A/84, dated November, 1984).

 

ANNEXURE 'A'

R.F.As & M.A.Os

(1)     Serial No.

(2)     Name(s) of the parties, Date of notification u/ss. L.A. ACT and the locality.

(2A) Date and place of accident.

(3)     Description of the Court/Tribunal.

(4)     Date of Award of the DJ/ADJ/Tribunal.

(5)     No. of the case before the DJ/ADJ/Tribunal.

(6)     No. of the case in the High Court.

(7)     Whether connected with any appeal, if so, number of the appeal.

(8)     Result of appeal, if any.

 

CRIMINAL CASES

(1)     Serial No.

(2)     Name(s) of the parties.

(3)     Description of the Court.

(4)     Date of judgment/Order.

(5)     Number of the case before the Court below acquitting the accused.

(6)     Number of the case in the High Court.

(7)     Whether connected with any appeal/revision, if so, number of the appeal/revision.

(8)     Result of appeal/revision, if any.

 

ANNEXURE-B

FILE MOVEMENT REGISTER OF..........................................

 

CHAPTER-5 INSTRUCTIONS RELATING TO EXECUTION PROCEEDINGS

(1)     Whenever a petition for execution of decree is filed in this Court the Reader to the Registrar will obtain the report of the Decree-holder or his counsel, as the case may be, as to whether any application for execution of decree involved has been filed earlier and, if so, with what result.

(2)     As soon as an execution petition is registered in the Register meant for this purpose its number should be invariably given against the Civil suit from which the execution petition has arisen in the relevant column so as to keep up-to-date record of the execution petitions filed in the suit.

(3)     The Dealing Assistant concerned will thereafter make a report before the execution petition is listed before the Court as to whether any such application was moved by the Decree-holder in satisfaction of the claim involved or not and if so he will also attach the previous execution petition thereof and indicate the amount already realized. He will also mention the amount assessed as costs of the suit, if any.

(O.O. No. HHC-PA 80-81-3856, dated April 30, 1981)

CHAPTER INSTRUCTIONS REGARDING COMPLIANCE OF COURT ORDERS

(1)     All the judicial files on return from the Court shall be received by the Superintendent (Judl.) who shall peruse the orders passed by the Court and thereafter shall mark the files to the concerned dealing hands for compliance of the orders. The Superintendent (J), shall ensure the timely compliance of the orders passed by the Court. If necessary, the use of appropriate flags indicating as "Immediate/urgent" "time-bound" etc. as the case may be, be made.

(2)     All such cases in which the Court has fixed the time limit for the filing of process fee shall be placed before the Registrar by the concerned dealing hand in case the process fee is not filed within the specified time.

(3)     All Processes/writs and instructions of interim nature shall be issued within 24 hours of the filing of the process fee. Writs and orders issued at the final stage shall be despatched immediately.

(4)     (i) The concerned dealing hand shall check the summoned record immediately on its receipt and ensure that the same is properly indexed and that all the pages and documents tally with the entries made in the index. Defects, if any, shall be immediately reported to the Superintendent (Judl.).

(ii) In case some document/page is found missing in any case-file the same should be brought to the notice of the Court from where the records were received within a week of the receipt of the records in the High Court.

(iii) When the records received from the subordinate courts are no more required by the High Court, those shall be returned to the concerned court without delay.

(5)     It will be the duty of the concerned dealing hand to ensure that all the entries in the relevant registers are correctly and properly made.

(6)     The superintendent (Judl.) shall at least once a month check and inspect the records/registers of each dealing hand, and shall submit a report to the Deputy Registrar (Judl.).

(7)     In case of changes due to transfers, the concerned Case Clerks/Dealing hands shall invariably observe the formality of handing over and taking over of the complete change of the records/files while handing over charge, the concerned dealing hand shall apprise the new incumbent regarding all matters under process.

(8)     Every dealing hand shall prepare the Goshwara of the pending cases at the end of every month.

The above instructions shall be strictly complied with and in case of any default a serious view will be taken. (O.O. NO. HHC-PA 80-81-3856, dated April 30, 1997 read with O.O. NO. HHC J. 15(58)/84, dated March 31, 1984).

CHAPTER-6

A. INSTRUCTIONS RELATING TO THE MANNER OF DEALING WITH CIVIL MISCELLANEOUS PETITIONS:

(1)     All CMPs must be separately circulated as earlier ordered. An order sheet must be attached in each file of CMP. If the CMP formerly formed part of the main matter and orders have come to be made on such CMP on earlier occasions on the order sheet relating to the main matter, such orders should be transcribed on the order sheet to be attached in the CMP file after such CMP is separated from the main file. Such transcript must mention in brackets after each order the following endorsement:-

"The original order is passed on the order sheet of the main matter."

(2)     Along with CMP, the main matter and connected CMPs must invariably be made available for reference in the Court. The Reader must ensure that when the CMP is called on for hearing and orders, the CMP file is handed over to the Court. At the same time, however, the case file relating to the main matter and connected CMP files, if any, must also be kept within easy reach so as to be made available to the Court, if required, for reference.

(3)     It is the duty of the Judicial Branch to ascertain whether all parties to whom notices were ordered to issue have been duly served on or before the day of the preliminary/final hearing. As directed earlier, the factum of notice having not been returned or notice having been returned unserved, must be clearly stated in the daily Board, in fixed date matters.

(4)     It is the duty of the Reader, before the matter is called on for hearing, to ascertain whether or not the notices have been duly served. If any of the parties has remained unserved or the notice has been returned with the endorsement that such party could not be served for one reason or the other, this fact must be clearly brought to the notice of the Court by the Reader before the hearing starts.

(5)     In cases where, on an earlier occasion, only notice pending admission has been issued but on the day of the preliminary hearing, notice or rule for the final hearing is ordered to issue and the matter is taken up for final hearing on the same day, it is the paramount duty of the Reader to ascertain whether all the respondents are present before the Court so as to enable them to waive the service of the notice of the hearing. If not, the Court's attention to this aspect must be promptly drawn.

(6)     It is the combined duty of the Reader and the Private Secretary who take the dictation to take necessary steps to ensure that names of parties and appearance or lack of appearances on their behalf are correctly mentioned in the Opening Sheet of the Judgment. Both these officials acting in complete coordination have a duty to ascertain that the names of the parties, their description, if any, etc. are carefully checked for being mentioned in the Opening Sheet. If more then one set of respondents are arranged together, the appearance, if any, for each set of respondents must be separately shown.

(7)     The names, dates, exhibit numbers, citations etc., mentioned in the judgment should be carefully checked and verified from the record or from the appropriate source by the Reader and Private Secretary before the draft judgment is put up for approval/signature. The original record, if received, should also be placed along with the High Court record when the judgment is put up for approval unless otherwise directed.

(8)     Interim orders, other than those passed in due course, must be separately typed out on judgment sheet. They should never be transcribed on the order sheet. The original transcript must form part of the judgment file of the concerned Judge. A copy of such order must invariably be placed on the case file.

[O.O. No. HHC J. 15(58)/84, Dated Shimla-1, the 22nd May, 1984].

B. INSTRUCTIONS RELATING TO THE MANNER OF DEALING WITH CRIMINAL MISC. PETITION (M):

Orders that Cr. MPs (M) and C.M.Ps(M) which are either disposed of or admitted shall be shown in the daily disposal statement submitted by the Bench Readers to the Registry and the daily disposal statement submitted by the Registry to his Lordship as under:-

(A)     The Cr. M.Ps(M) and the C.M.Ps(M) which are dismissed in limine without issuing notice to the Opposite party be shown as matters having been disposed of "in limine".

(B)     The Cr. M.Ps(M) and C.M.Ps(M) which are disposed of at the preliminary hearing, but after notice and/or admission, be shown as matters having been disposed of as "Regular":

Provided, however, that the matters which pursuant to the issue of notice are admitted and disposed of on the same day on which they are fixed for preliminary hearing will not be simultaneously shown under two different columns, namely, "Regular" and "Admitted", but will be shown as disposed of under the column "Regular" only.

(C)     The Cr. M.Ps (M) and CMPs (M) admitted after preliminary hearing for disposal in due course and are not disposed of at the preliminary hearing, will be shown only as "Admitted".

The following be treated as illustrative examples:-

(i)       A Cr. M.P. (M) has been dismissed by the Court without notice to the accused. It is disposal in limine and will be shown under the column "In Limine".

(ii)      A Cr. M.P.(M) has been dismissed by the Court after issue of notice. It is regular disposal and will be shown under the column "Regular".

(iii)     A Cr. M.P.(M) has been only admitted by the Court with or without notice for disposal in due course. The matter thus stands admitted and will be shown under the column "admitted" only.

CHAPTER-7 INSTRUCTIONS REGARDING PREPARATION OF CAUSE LIST AND URGENT MATTERS

(1)     No case file will be handed over to the Cause List Assistant for being listed in the Court save and except through the Superintendent (Judicial). The Superintendent (Judl.) on the case file having been submitted to him for being listed before the Hon'ble Court shall satisfy himself and thereafter on being so satisfied will cause the case to be listed before the Hon'ble Court, and in the event of any doubt, he will bring the matter to the notice of the Deputy Registrar (Judl.) who will pass proper orders thereon. In case the Deputy Registrar (Judl.) is not able to decide whether the matter is or is not to be listed before the Hon'ble Court, he will bring the matter to the notice of the Registrar.

(2)     Every Case-Clerk shall submit the files which are required to be listed before the Hon'ble Court, to the Superintendent (Judicial.) latest by 1.00 p.m. The Superintendent (Judicial) will examine the files and if any file is required to be placed before the Deputy Registrar (Judl.) the same will be placed before the Deputy Registrar(Judl.) latest by 3 p.m., and in case any file is required to be placed before the Registrar, the same will be put up latest by 4 p.m.

(3)     No enquiry shall be entertained by any Case-Clerk direct. In case any litigant Advocate approaches them for any enquiry, he should be referred to the Superintendent (J). Such enquiry shall be entertained between 3 P.M. to 4.45 p.m. only.

(4)     All the case files which have been notified for hearing must reach the Bench Readers by 4.00 p.m. as far as possible, for being circulated to the Hon'ble Judges.

(5)     The Cause List after its publication and before its circulation will be checked by the Deputy Registrar (Judl.).

Note.-The captions to be used in the Cause List shall be as provided in Annexure 'A'.

[O.O. No. HHC/MISC.15(58)/84, dated August 24, 1995].

(6)     All ordinary Petitions/Appeals etc./CMPs/OMPs should be listed in Court(s) positively within three weeks of the date of the receipt of the said Appeals/Petitions/CMPs/OMPs by the Dealing Hands concerned, failing which entries will be made in ephemeral rolls of the delinquent officials including the Superintendents/Assistants concerned.

[O.O. No. HHC-J.15(58)/84, dated June 29, 1995].

(7)     The Court Secretary/Bench Reader of each Court shall send information to the Computer Section by 1.30 p.m. and then at 4.15 p.m. in respect of the cases ordered to be posted for the next date and the Computer Section shall ensure, after entering the data in the Computer, that the supplementary cause list is ready by 4.30 p.m. The Statistical Assistant shall personally collect the aforesaid information from each Court Secretary/Bench Reader and deliver the same in the Computer Section and it shall be the responsibility of Assistant Registrar (Computer) to transmit the said information to the cause list Assistant for making entry thereof in the Computer. During the absence of the Statistical Assistant the job regarding collection of information from the Court shall be performed by the Official officiating in his place.

(8)     It shall be the personal responsibility of all the dealing assistants and the concerned superintendents to ensure that the Court files reach the Cause List Section by 1.00 p.m. positively so that the main advance cause list is ready by 4.00 p.m.

(9)     The Advocates may make mention of the case(s) in which urgent relief is prayed for at 10.00 a.m. and in exceptionally urgent case(s) at 1.00 p.m., to the senior-most Bench to which the category of such case(s) at 1.00 p.m., has been assigned as per the roster of cases in force at the relevant time.

(10)   In case the senior-most Bench before whom the mention of urgent cases has been made by the advocates, is not in a position to hear all such motions on account of a heavy list or otherwise such Bench may pass an order indicating such inability. Thereafter the Registry will get the orders of Hon'ble the Chief Justice for posting such motions.

(11)   The mention memos shall be presented by the Advocates before the concerned Court after filing the case in the Scrutiny Section. The Scrutiny Assistant shall note the filing No. of case on the mention memo which shall be a pre-requisite for mentioning a case in the Hon'ble Court. Mention memo not bearing filing number shall not be accepted by the Court Secretary/Bench Reader for being mentioned. The Court Secretary/Bench Reader shall transmit the Mention Memos to the Computer Section/Dealing Hands/Cause List Section with utmost expedition.

[O.O. NO. HHC/JUDL.-(Instructions) 11-3/96, dated April 9, 1996 as modified by O.O. of even number dated August 14, 1996].

(12)   No reply/affidavit/application etc. in which an actual date has been given by the Hon'ble Court shall ordinarily be accepted entertained by the Office, if the same has not been filed at least 48 hours before the date fixed in the case. However, in exceptional cases of urgent nature, a reply/affidavit/application etc., if filed within 48 hours, may be entertained provided the same is presented personally by the concerned Advocate/party to the Deputy Registrar (Judicial) directly, who on being satisfied about the urgency of the matter and the reasons for non-filing of the same in time will personally scrutinise the same in the presence of the Advocate/party and in case there be any objection will get the same removed there and then. The matter will thereafter be circulated to the Hon'ble Court at 2 p.m., if the presentation is made on the day on which the case is on board. In no case any reply/affidavit/application shall be entertained, if the same is filed after 12 noon on the day the case is fixed for hearing.

(13)   The number of the case and the date of hearing, if any, should be correctly mentioned at the top of the reply/affidavit/application sought to be filed.

[O.O. No. HHC/MISC.15(58)/84, dated December 2, 1985].

 

ANNEXURE-'A'

CAPTIONS FOR USE IN THE CAUSE LIST

(i)       For Hearing

It will include cases posted for arguments and disposal.

(ii)      For Orders

This will refer to the category of cases which are not fully ready for hearing and posted for orders.

(iii)     For Admission

(iv)    In Civil Suits they will be posted for:

(a)      For Presence of Parties.

(b)      For Issues

(c)      For Evidence.

(d)      For Hearing.

(v)      For Judgments

This will include cases posted for dictating judgments.

(vi)    For Dismissal:

This will refer to the category of cases which are to be listed for dismissal.

(O.O. No. HHC/JUDL./INST/11-3/96, dated November 26, 1996 as amended by Addendum of even number dated, March 22, 1997).

CHAPTER-8

A RULES FOR THE DISPOSAL OF EXECUTIVE AND ADMINISTRATIVE BUSINESS.

(1)     Administrative Business.-

The Honourable the Chief Justice shall be in control of the administrative and executive work of the High Court and its distribution amongst the Honourable Judges.

(2)     Matters which shall be disposed of at a Judges Meeting.-

Notwithstanding anything contained in the preceding Rule, the following matters shall invariably be taken up and disposed of at a meeting of the Honourable Judges:-

(i)       All matters involving questions of principle and policy;

(ii)      All cases relating to amendments to be made to existing laws or to the statutory rules of the Court;

(iii)     All matters concerning the High Court as such or all the Honourable Judges;

(iv)    All matters on which the opinion of all the Honourable Judges is invited by Government;

(v)      Disciplinary proceedings against the members of the State Judicial Services including suspension;

(vi)    Selection for recruitment to the Himachal Pradesh Higher Judicial Services and direct recruitment;

(vii)   Recommendations for the grant of pensions to Subordinate Judges and District and Sessions Judges, where it is proposed to recommend that the full pension earned be not allowed;

(viii)  Annual Confidential remarks on the work of District and Sessions Judges;

(ix)    Transfers and posting of the members of the State Judicial Services including sending on deputation;

(x)      Matters concerning extended superannuation age and compulsory retirement of the officers of State Judicial Services;

(xi)    Any other matter which may be referred by the Honourable the Chief Justice to a meeting of the Honourable Judges.

(3)     Referring a matter to Judges meeting.-

The Honourable Judge placed in charge of any Branch of the executive or administrative business of the Court may refer any matter relating to that branch to a meeting of the Honourable Judges.

(4)     Holding of Judges meeting.-

Meetings of all the Honourable Judges shall be called by the Hon'ble the Chief Justice when there is business for such meetings.

(5)     Quorum of Judges meeting.-

Quorum for meeting of Hon'ble Judges shall be half the working Judges strength, for the time being.

(6)     Mode of decision in case of difference of opinion.-

In case of difference of opinion at a meeting the decision shall be in accordance with the opinion of the majority of the Hon'ble Judges present, and in case the Hon'ble Judges present be equally divided, the Hon'ble the Chief Justice or in his absence the Senior Judge, present, shall have a casting vote.

(7)     Record of proceedings of Judges meetings.-

The Registrar or in his absence the Registrar (Vigilance) shall attend all Judges' meetings, and shall record the proceedings at such meetings.

(8)     Circulation of proceedings of Judges' meetings.-

As soon as the proceedings of a meeting have been recorded and signed by the Registrar or Registrar (Vigilance) as the case may be, they shall be signed by the Hon'ble the Chief Justice and circulated to the Hon'ble Judges in order of juniority.

(9)     Custody of proceedings of Judges' meetings.-

The original proceedings of the meeting shall be kept in the Confidential Branch of the Registrar in a separate file and shall not be removed from the Court building except by the Registrar with the sanction of the Hon'ble the Chief Justice.

(10)   Administrative business during vacation.-

During the vacation the administrative and executive work of the High Court may be entrusted to the Vacation Judge nominated for the purpose by the Chief Justice, who may in his discretion pass such orders as may be necessary; provided that any matter decided by a Vacation Judge under this Rule, which would otherwise fall for decision by all the Hon'ble Judges or by the Hon'ble the Chief Justice shall be referred to all the Hon'ble Judges or the Hon'ble the Chief Justice, as the case may be, for confirmation after the vacation.

B. INSTRUCTIONS REGARDING MAINTENANCE OF ADMINISTRATIVE FILES AND THE MANNER OF DEALING WITH ADMINISTRATIVE MATTERS.

(1)     The administrative and office files should in future be stitched after perforation of the file papers at two suitable points on the left side. The two holes in papers should be at appropriate places for stitching with fairly long tags.

(2)     The stitching of the new files should be so effected that the office noting and the file papers are not disturbed in any manner by the stitching holes. In order to achieve this end, two holes at the proper places should be made in all note sheets before they are brought in use. Sufficient margin should be left on both sides of the sheets so that the noting can be read without opening the tags of the files.

(3)     New files should be opened in place of the old ones which have already grown bulky and the above instructions should be followed for maintaining the new files. Those files which are not bulky at the moment, should be immediately converted into the new system by making two holes in all the papers. However, extreme care should be taken that this process does not mutilate the existing notings. Where it is not possible to convert these files in the aforesaid manner, new files be opened.

(4)     It will be the personal responsibility of the Superintendent of the Branch concerned to ensure that the above instructions are effectively complied with by all Dealing Assistants.

[Office Order No. HHC/Admn.6(46)/78, dated April 6, 1981].

(5)     The administrative records of the Registry must be properly maintained in a manner that they are readily available for reference in future.

(6)     As and when any communication/information is circulated to the officers/officials of the Registry or to the Subordinate Courts, the records showing such circulation must be maintained properly so that in future, a plea is not raised that such matter was not brought to the notice of a particular person or class.

(7)     As and when any information/communication is to be circulated to the Officers and officials of the Registry, one copy thereof must be affixed on the Court Notice Board, unless otherwise directed.

[Office Order No. HHC/Estt.3(209)/84, dated January 9, 1997].

(8)     The officers of the rank of Superintendent(s) and above will ensure that all Rules, instructions guidelines and precedents relevant for consideration of the subject matters are clearly set out in the office notings before submission to the higher authorities and notes should be duly numbered.

[Office Order No. HHC/Admn.1(18)/78-V dated December 13, 1996].

(9)     Ordinarily no communication/application/representation/submission/file which is required to be put up before the Hon'ble the Chief Justice should take more than 15 days in any event from the date of the receipt/initiation. This is, however, the outer time limit and the processing period for each matter should depend upon the nature of case being dealt with.

[Office Order No. HHC/Admn.6(46)/78, dated May 4, 1984].

(10)   The officer and official concerned with the receipt and opening of dak envelopes shall invariably open the envelope in such a manner that the postal seal, postal stamp and address of the sender and that of the addressee are not damaged in any manner.

(11)   The officer before whom dak is put up shall after going through the dak and taking into consideration its nature shall mark 'P' or 'D' on the margin of the letter with red ink. The letter 'P' denotes 'preserve' and letter 'D' denotes 'destroy'.

(12)   The envelope of the letter on the margin of which 'D' is marked shall be destroyed after a month after obtaining the approval of the officer not below the rank of Addl. Registrar whereas the envelope of the letter on which 'P' is marked, shall be preserved for a period of one year or such further period as may be required. After the expiry of period of one year or the extended period the envelope attached with the letter on which 'P' has been marked shall be destroyed.

(Office order No. HHC/Rules/Misc./1/96, dated April 23, 1997).

(13)   The applications, on the administrative side, for adjournment of case which are not actual date cases and which are not included in the list, shall be presented personally to the Registrar High Court of Himachal Pradesh, Shimla, ordinarily atleast three days before they are included in the list.

In exceptional cases in unforeseen circumstances, such applications may be presented on a day before such date but by 11.00 A.M.

(14)   No application for adjournment of 'actual date' cases which are to be included in the list, shall be presented to and entertained by the Registrar unless consent thereto is given by the opposite party(s).

(15)   After receipt of the application, the Registrar will place the application before the Hon'ble the Chief Justice for orders.

(O.O. No. HHC/Judl./INST/11-3-96, dated March 25, 1997).

 

APPENDIX-I

CANCELLATION OF COURT-FEE STAMPS

Rules made by the High Court for regulating the cancellation of Court-fee Stamps

RULES

(1)     The cancellation of Court-fee stamps shall be effected-

(a)      when a document bearing a court fee stamp is received by a Court competent to receive the same;

(b)      when a court-fee stamp is paid in on account of process-fee;

(c)      when a court-fee stamp is affixed to a document issued by any court or office;

(d)      when the record of a case in which court-fee stamps have been filed is finally made over to the Record-Keeper for safe custody.

(2)     Court fee stamps falling under clauses (a) and (b) of the foregoing rules shall be cancelled immediately on receipt of the document or stamp, by such officer as the court may from time to time appoint, in writing, in the manner prescribed by section 30 of the Court-fees Act. As an additional precaution, the cancelling officer should affixed his signature, and the date, across each label, at the time of cancellation, in durable ink.

Notes.-In order to ensure compliance with the rules 2, 3 and uniformity of practice in the State it has been decided that round punches shall be used by courts and offices, triangular punches by the record room staff. Both kinds of punches are obtainable from the Controller of Stationery, Calcutta. Care should be taken to see that all round punches in courts and offices in a district are of uniform size in order to prevent fraud arising from the stamps, already punched being punched again with a larger punch.

(3)     In regard to stamps on documents falling under clause (c) of rule 1, the Central Government have directed in Financial Department Resolution No. 3373, dated the 24th September, 1875, that the court or office issuing copies, certificates, or other similar documents liable to stamp duty under the Court-fees Act shall, before issue, cancel the labels affixed to them by punching out a portion of the label in such a manner as to remove neither the figure-head nor that part of the label on which its value is expressed, and that, as an additional precaution the signature of the officer attesting the document, with the date, shall be written across the label, and upon the paper on either side of it.

(4)     The rules for the cancellation of court-fee stamps by the Record-Keeper are contained in a resolution of the Central Government in the Financial Department No. 1763, dated the 24th July, 1873, in which it is ordered that the Record-Keeper of every court shall, when a case is decided and the record consigned to his custody, punch a second hole, or, in the case of stamps falling under clause(s), rule 1, a third hole, in each label distinct from the first and note the date of doing so at the same time. Special attention is requested to the words in italics, as the direction therein contained is always not complied with. The Record-Keeper's punching should not remove so much of the label as to render it impossible or difficult to ascertain its value or nature. From the resolution of the Central Government No. 3047, dated 5th September, 1883, it will be seen that these directions apply only to adhesive labels used under the Act, and not to impressed stamps which need not be punched a second time.

(5)     Whenever the custody of a record containing Court-fee stamps is transferred from one official to another before final disposal, the receiving officer shall examine the court-fee stamps in the record and either certify on the index of papers that they are complete, or immediately bring to notice any deficiency, as the case may require.

(6)     Record-Keeper will be held personally responsible that the stamps appertaining to the records under their charge are complete, and that they have been duly cancelled in accordance with these instructions. Should a record be sent into the record room in which the stamps are incomplete or not duly cancelled, the Record-Keeper shall report the circumstances at once to the head of the office, and shall defer entering the case in its appropriate register until orders have been passed in the matter.

(7)     When a record containing court-fee stamps is taken out of the record-room for any purpose, each official through whose hands it passes must note on the index of papers or on the list of records where such a list is with the record, that he examined the court-fees stamps in the records, and that they are complete, or, if they are not complete, at once, report the fact for orders.

Notes.-1. To facilitate the examinations required by the above rules a column has been inserted in the index of papers attached to each record which shows at a glance what papers in the record bear court-fee stamps, and the number and value of the stamps attached to each of such papers.

2. Further precautions against the fraudulent use of court-fee lables a second time were, under the orders of Government, prescribed by the Superintendent of Stamps in his circular No. I, dated 24th April, 1877 of which the effective portions are extracted below. It is to be noted that at that time adhesive lables alone were used to denote fees of Court;

The most important point to be guarded against is the reuse of stamps which have once been used; such stamps may have been punched, or they may have been left unpunched, and passed into the record-office and there removed. In the case of a removed stamp that has been punched once, it is clear that its use a second time can only be effected by the dishonesty of the subordinate official who, in the first instance receives the document presented by suitors. In the case of a removed stamp that has not been punched, it is possible that it may have been so little injured in the removal as to be used a second time without detection, unless the stamps be closely examined, and it may pass undetected, whether from dishonesty or from want of vigilance on the part of that official, In order effectually to prevent frauds of this nature, it is absolutely necessary that the subordinate official whose duty it is to see that the full fee has been affixed in each case and to punch the stamps and to record orders, should be made to stand or sit within full view of the officer and in that position to perform his task, certifying on each petition that the full fee has been affixed, and all stamps have been punched. It is of the utmost importance that this subordinate should be allowed no time or opportunity for tampering with the stamps.

When files of decided cases are sent to the record-room the Record-Keeper should be required, without any loss of time, to examine the stamps and put second hole in each stamp affixing the date on which he does so.

 

APPENDIX-II

CO-OPERATION DEPARTMENT NOTIFICATION

Shimla-2, the 11th September, 1978

No. Co-op-P(6)-1/79.-In exercise of the powers conferred by section 60(2) of the Himachal Pradesh Co-operative Societies Act, 1968 (Act No. 3 of 1969) and in supersession of Revenue Department notification No. co-op.36-6/50 dated the 11th January, 1950, the Governor, Himachal Pradesh is pleased to remit the stamp duty chargeable under any law for the time being in force in Himachal Pradesh in respect of any instrument examined by or on behalf of a Co-operative Society or by any officers or members thereof and relating to the business of such society or any class of such instruments or in respect of any award or order made under this Act. The Governor is further pleased to remit any fee payable under any law for the time being in force relating to the registration of documents or Court fees.

By order,

Sd/-

Secretary.

 

APPENDIX-III

GOVERNMENT OF HIMACHAL PRADESH

REVENUE DEPARTMENT

NOTIFICATION

Shimla-171002, the 30th June, 1981

No. Rev. 1-6 (Stamp)1/81.-In exercise of the powers conferred upon him by section 42 of the Himachal Pradesh Court Fees Act, 1968 (Act No. 6 of 1968) and all other powers enabling him in this behalf, the Governor, Himachal Pradesh is pleased to remit with immediate effect in the whole of Himachal Pradesh the fees mentioned in the First and Second Schedules to the said Act in respect of the persons who are given legal aid under the Himachal Pradesh State legal Aid to the Poor Rules, 1980.

By order,

Sd/-

Secretary (Revenue)

to the Government of Himachal Pradesh.

 

APPENDIX-IV

GOVERNMENT OF HIMACHAL PRADESH

REVENUE DEPARTMENT

(STAMP-REGN.)

NOTIFICATION

Shimla-171002, the 22nd October, 1984

No. Rev. 1-6(Stamp)1/81.-In exercise of the powers conferred by Section 42 of the Himachal Pradesh Court Fees Act, 1968 (Act No. 8 of 1968) the Governor, Himachal Pradesh, is pleased to direct that the part of the institution fee/court fee specified in column 2 of the Schedule hereto annexed shall be refunded to the appellant by the Courts in the appeals disposed of by them under the circumstances specified in column 1 of the said Schedule.

By order,

Sd/-

Secretary (Revenue)

to the Government of Himachal Pradesh.

 

SCHEDULE

APPEALS

 

APPENDIX-V

GOVERNMENT OF HIMACHAL PRADESH

REVENUE DEPARTMENT

(STAMP-REGN.)

NOTIFICATION

Shimla-2, the 22nd October, 1984

No. Rev.1-6(Stamp)1/81.-In exercise of the powers conferred by Section 42 of the Himachal Pradesh Court Fees Act, 1968. (Act No. 8 of 1968), the Governor, Himachal Pradesh is pleased to direct that part of the institution fees/Court fee as specified in column 2 of the Schedule hereto annexed shall be refunded to the plaintiff by the Courts of the Himachal Pradesh in the Suits disposed of by them under the circumstances specified in column 1 of the said Schedule.

By order,

Sd/-

Secretary (Revenue)

to the Government of Himachal Pradesh.

 

SCHEDULE

SUIT

 

APPENDIX-VI

Copy of the Notification No. Rev.1-C(15)1/76 (Vol-I) dated the 11th March, 1988 received from the Under Secretary (Revenue) to the Government of Himachal Pradesh copy endorsed to the Registrar, High Court of Himachal Pradesh among others.

 

NOTIFICATION

In exercise of the powers conferred by clause (a) of sub section (1) of section 9 of the Indian Stamp Act, 1899 (Act No. 2 of 1899) as applicable to Himachal Pradesh, the Governor, Himachal Pradesh is pleased to remit the stamp duty chargeable on the instruments executed by or on behalf of Co-operative Society or by any Officer or member thereof and relating to the business of such society or any class of such instruments or in respect of any award or order made under the H.P. Co-operative Societies Act, 1968 (Act No. 3 of 1969) with immediate effect in the whole of Himachal Pradesh.

 

APPENDIX-VII

(vi) Maintenance of Short-hand Note Books by the Stenographer/Steno-typists.

Notification No. HHC/Rules 22(32)84, Dated 20th July, 1989.

Conveys.-In exercise of the powers conferred by Article 227(2)(b) of the Constitution of India upon them the Hon'ble Chief Justice and the Judges of the High Court of Himachal Pradesh are pleased to make the following rules in relation to maintenance of Short-hand Note Books by the Private Secretaries/Stenographers/Steno-typists.

(1)     Short title and commencement.-

(a)      These Rules may be called the "Maintenance of Shorthand Note Books Rules, 1989".

(b)      They shall come into force with immediate effect.

(2)     Definitions.-

In these Rules unless there is anything repugnant to the subject or context:-

(a)      'Court' means a Civil or Criminal court and shall include the High Court.

(b)      'Note Book' means a Shorthand Note Book supplied to the Private Secretaries/Stenographers/Steno-typists.

(c)      'Presiding Officer' means a Judge or Magistrate presiding over a Civil and Criminal Court.

(d)      'Registrar' means the Registrar of the High Court of Himachal Pradesh and including Registrar (Vigilance).

(3)     Supply of Note Books.-

(a)      Every Private Secretary/Stenographer/Steno-typist employed in a Court shall submit a requisition in writing to the Officer/Official Incharge of the stationery for supply of as many note books as may be required at a particular time.

(b)      The Officer/Official Incharge of stationery shall supply requisite number of note books to the officer/official submitting the requisition and the record of such supply shall be maintained in the prescribed register (Form-A below).

(4)     Making of Serial Number.-

The Private Secretaries/Stenographers/Steno-typists shall put the serial number on the first page of the note book as on 1st January every year and the serial number shall continue till 31st of December of each year.

(5)     Marking of date and title of cause.-

On every day before taking down dictation, the Private Secretaries/Stenographers/Steno-typists shall mark the date on the first page on which dictation is taken down and the cause, title shall be mentioned clearly on such page.

(6)     Preservation of Note Book.-

All note books shall be maintained and preserved by the Private Secretary/Stenographers/Steno-typists concerned in their custody until the expiry of one year from consumption thereof.

(7)     Bar against destruction etc.-

No book shall be destroyed or the dictation taken down disfigured or erased except as provided herein below:

Provided that the exhausted note books shall be destroyed by way of incineration by the Private Secretaries/Stenographers/Steno-typists concerned with the previous approval of the Registrar or the Presiding Officer concerned, as the case may be, after the expiry of the period specified in Rule 6 above.

(8)     Residuary Powers.-

Nothing in these rules shall be deemed to affect the powers of the Hon'ble the Chief Justice to make such orders from time to time as he may deem fit in regard to all matters forming part of the subject matter of these specifically provided for herein and/or in regard to matters not provided for a insufficiently provided for herein.

 

APPENDIX-VII

Scheme regarding constitution of a Supreme Court Branch in the High Court.

(1)     There shall be an exclusive branch dealing with the Supreme Court matters in the High Court which shall be headed by District & Sessions Judge (Rules).

(2)     There shall be an Assistant in the Branch for maintenance of records.

(3)     Every communication received from the Supreme Court on judicial side shall be placed before the District & Sessions Judge (Rules) for necessary orders for compliance thereof.

(4)     All the notice, requisitions, stay orders, summons, warrants etc. received from the Hon'ble Supreme Court in relation to a Judicial matter in the High Court shall be attended to by such Branch. The Assistant provided in the Branch will exclusively assist the District & Sessions Judge (Rules) in the matter and will maintain the records of above and like orders separately.

(5)     Whenever a requisition is received for record from the Hon'ble Supreme Court, the Assistant will summon the file from the Dealing Assistant in the Judicial Branch and the record will be submitted to the Hon'ble supreme Court accordingly.

(6)     When the record is received from the Hon'ble Supreme Court along with a copy of the Judgment of the Supreme Court, the Assistant in such Branch will prepare a copy of such judgment, as expeditiously as possible, which will be duly certified to be true copy by the District & Sessions Judge (Rules).

Then the record of the case along with such copy of the judgment shall be placed before the Hon'ble Judge(s) deciding the case for favour of perusal. Thereafter, the file will be sent back on its return from the Hon'ble Judge(s) to the dealing hand in the Judicial Branch for consignment after making necessary entries in the relevant registers.

(7)     If the record had not been requisitioned and only a copy of the judgment or order is received from the Supreme Court, in that case, also the Assistant will expeditiously prepare a copy, as above, of the judgment or orders, as the case may be, and get it certified to be correct. Then the record, after requisitioning the same from the Dealing Assistant, along with such copy, shall be placed before the Hon'ble Judge(s) for favour of perusal.

(8)     The original copies of judgments or orders received from the Hon'ble Supreme Court shall be maintained yearwise in separate files by the Assistant for the purpose of record and such files shall be got bound and consigned to the record room after one year containing judgments or orders from 1st January to 31st December. Each judgment or order, as the case may be, shall be serially numbered on the first page before filing and the same number along with the calender Year in which it is received shall be mentioned on the first page of the copy certified by the District and Sessions Judge (Rules) and kept on record after circulation to the Hon'ble Judge(s).

(9)     The notices, copies, summons, stay orders and warrants etc. received from the Supreme Court shall be dealt with in such branch and service of the notices etc. shall also be got effected through such branch only and compliance report submitted to the Hon'ble Supreme Court.