Published vide Notification M.P. Gazette, dated 7-1-1954 (i) These rules may
be called The Rules for the Destruction of Judicial Records, 1953. (ii) They shall come
into force at once. All judicial
records and registers which under these rules become liable to destruction,
shall be destroyed as soon as the period of their retention has expired. The destruction
of such records and registers shall be carried out by the Record-keeper under
the supervision of the Presiding Officer of the Court concerned and in the case
of the High Court under the supervision of the Registrar or the Deputy
Registrar. All papers which are to be destroyed should be torn into small
pieces, care being taken that all court-fee stamps have been duly cancelled.
The torn papers shall then be disposed of to the best advantage, or as the
Government may direct. All civil and
criminal records shall be arranged in two parts-'A' and 'B'. (a) in the case of
Civil Records, Part 'A' shall contain the following papers : (i) the index of papers; (ii) the order-sheet or chronological
abstract of orders; (iii) the plaint together with any
schedule annexed thereto; Note. - In miscellaneous cases
the petition or written application of the party setting the Court in motion
will take the place of the plaint. (iv) written statements and pleadings
of the parties; (v) the memorandum of issues with
amended or additional issues, if any; (vi) all depositions of witnesses; (vii) all documents received by the
Court during the trial as evidence between the parties including the copies of
Civil, Revenue and Municipal Records; (viii) commissions, proceedings held
thereunder and report of commissioners; (ix) application to refer 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 order of the court thereon; (x) instruments of withdrawal,
compromise or confession of judgment; (xi) the judgment or the final order; (xii) the decree and the application
for amendment as well as the amended decree; (xiii) all notes in the handwriting of
the Judge; (xiv) any order by the Court accepting
an application for review of Judgment or new trial; (xv) judgment and decrees of appellate
court, if any; (xvi) all orders passed in execution
proceedings with all applications, objections, writs of which service has been
effected, notice, reports and returns relating thereto; (xvii) all receipts and acknowledgements
field in execution proceedings; (xviii) applications of parties who are
strangers to the suit with the Court's order thereon; (xix) orders of arrest or attachment
before judgment with all documents relating thereto; (xx) application for review of
judgment or for a new trial with the Court's order thereon, other than orders
accepting such application. (b) In cases heard by a Court of
Small Causes, Part 'A' shall contain the following papers; (i) index of papers; (ii) the order-sheet of chronological
abstract of orders; (iii) the plaint with the papers
annexed thereto; (iv) written statement and pleadings
of the parties including any cross claim set up by the defendant by way of set
off; (v) all documents received by the
Court during the trial as evidence between the parties; (vi) any award of arbitrators or deed
of withdrawal, compromise or confession of judgment; (vii) the judgment or other final
order; (viii) the decree; (ix) all notes and depositions of
witnesses in the handwriting of the Judge; (x) any application for review of
judgment or for a new trial with the Court's order thereon; (xi) any order passed by the High
Court as a Court of reference or revision; (xii) all orders passed in execution
proceedings with all applications, writs of which service has been effected,
notices, reports and returns relating thereto; (xiii) all receipts and acknowledgments
filed in the execution proceedings. (c) In appeal cases, Part A shall
contain the following papers; (i) index of papers; (ii) the order-sheet or chronological
abstract of orders; (iii) the petition of appeal; (iv) the copies of judgments and
decree of lower courts; (v) any cross objection tiled by the
respondent under order XLI, rule 22 of the Code of Civil Procedure; (vi) issue referred for trial by the
appellate court, with the evidence and findings thereon; (vii) commissioner's proceedings held
thereunder, and reports of commissioners; (viii) any additional evidence, oral or
documentary, admitted by the appellate court under Order XLI, rule 27 of the
Code of Civil Procedure; (ix) application to the appellate
court to refer to arbitration, references, the award or other final return of
the arbirators, with the proceedings, depositions and documents submitted
therewith and any application to set aside the award with the Court's orders
thereon; (x) deeds of withdrawal, compromise,
or confession of judgment; (xi) the judgment or other final
order; (xii) the decree of the appellate
court; (xiii) all notes in the handwriting of
the Judge; (xiv) applications for review of
judgment, with the Court's orders thereon; (xv) any judgment and decree of the
superior court of appeal; Part B shall
consist of all papers not included in Part A. In the case of
criminal records, Part A shall contain the papers noted below; (a) In original cases tried by a
Court of Sessions; (i) Index of papers; (ii) the order-sheet of chronological
abstract of orders; (iii) the charge, original and as
amended by the Sessions Judge; (iv) all depositions of witnesses and
statements transferred from the file of the Committing Magistrate; (v) all documentary evidence; (vi) the final order; (vii) the finding of the assessors or
the verdict of the jury; (viii) all notes in the handwriting of
the Judge; (ix) the judgment or order of the High
Court as a Court of appeal, reference or revision; (x) warrants returned after execution
of sentence; (xi) all proceedings relating to
realisation of fines. (b) In the Magisterial enquries and
trials; (i) the index of papers; (ii) the order sheet or chronological
abstract of orders; (iii) the final police report (Challan)
or petition of complaint; (iv) all depositions of witnesses and
statements of accused persons; (v) all documentary evidence; (vi) the charge, where a formal charge
is drawn up; (vii) the final order of the Court; (viii) all notes in the handwriting of
the Magistrate; (ix) the judgment of the appellate
court, if any; (x) the judgment of the High Court,
in revision, if any; (xi) warrants returned after execution
of sentence; (xii) all proceedings relating to
realisation of fines; (xiii) bonds for good behaviour taken
under Section 110 of the Code of Criminal Procedure. (c) In appeal cases; (i) the index of papers; (ii) the order-sheet or chronological
abstract of papers; (iii) the petition of appeal; (iv) copy of judgment of the lower
Court; (v) any additional evidence taken
under Section 428 of the Code of Criminal Procedure; (vi) the final order of the Court; (vii) all notes in the handwriting of
the Judge. Part B shall
consist of all papers not included in Part A. The following record
shall be preserved in perpetuity; (i) Part A of all suits and appeals
involving title to immoveable property as defined in Section 3 clause (18) of
the Madhya Bharat General Clauses Act; Note. - In suits for arrears of
rent or for share in the produce when the right is not disputed and only the
amount is contested, clause (4) of rule 10 will apply. (ii) Part 'A' of all suits and appeals
to the succession to an offence or to establish or set aside an adoption or.
other-wise determine the status of an individual and of all suits and appeals
relating to trusts of religious endowments; (iii) Records of attachment, sale and
delivery of immovable property in execution of decrees including all
objections, proceedings and orders thereon; (iv) Part 'A' of proceedings under the
Indian Succession Act; (v) Part "A" of proceedings
under the Indian Divorce Act; (vi) Insolvency proceedings under the
Insolvency Act, where the Court has decided a question of title to immovable
property under Section 4 of the Act. The following
records shall be preserved for fifty years and shall then be destroyed; (i) Part "A" of proceedings
under the Guardians and Wards Act; (ii) Records of Insolvency proceeding
under the Insolvency Act, other than those falling within rule 7 (7) which have
not been destroyed previously under rules 10 and 12. The period of fifty years
shall be taken to run from the date of the order of adjudication; (iii) Part "A" of criminal
cases in which any of the suspected persons have escaped apprehension, provided
that whenever it is known that the offender of offenders on whose account such
records as kept, are dead, the record may be destroyed; (iv) Part "A" of criminal
cases in which a lunatic is concerned, unless the lunatic shall have been subsequently
tried or have died. The following
records shall be preserved for twenty years and shall then be destroyed; (i) the charge, finding and sentence
in cases in which conviction has been had of an officer under Chapters XII and
XVII of the Indian Penal Code; (ii) Part A of criminal cases in which
any public servant has been tried whatever may have been the result of the
case; (iii) Part of all civil suits and
appeals, other than suits and appeals falling under rule 7 where one of the
parties is a minor suing or sued through a guardian under order XXXII of the
Code of Civil Procedure. The following
records shall be preserved for twelve years and shall then be destroyed unless
their preservation for a longer period is necessary on the special grounds
noted below; (i) Part A of Sessions cases,
provided that, if the sentence in cases has not been fully executed, records
shall be preserved until the return of the warrant, and then destroyed; (ii) Part A of the cases under Chapter
XXXV of the Code of Criminal Procedure, in which maintenance is awarded; (iii) all Insolvency proceedings where
immovable properly is involved. The period shall be taken to run from the date
of the order of the Court declaring the insolvent discharged from the further
liability in respect of the scheduled debts; (iv) Part A of all civil suits and
appeals other than suits and appeals falling under rule 7, provided that, if
the decree has not been fully executed or become incapable of further
execution. Part A must be preserved until such time as the decree has been
fully executed or become incapable of further execution. The following
records shall be preserved for six years only and shall then be destroyed
unless their preservation for a longer period is necessary on any of the
special grounds noted below: (i) Part A of cases tried by a
Magistrate invested with powers under Section 30 of the Code of Criminal
Procedure, in which he has inflicted a heavier punishment than might have been
inflicted by a Magistrate of the First Class, provided that, if the sentence
has not been fully executed, the record shall be preserved until the return of
the warrant and then destroyed. (ii) Records relating to the
realisation of fines of criminal courts. The following
records shall be preserved for three years and shall then be destroyed; (i) all Insolvency proceedings where
no immovable property is involved. The period shall be taken to run from the
date of the order of the Court declaring the insolvent discharged from further
liability in respect of the scheduled debts; (ii) Part A of criminal cases enquired
into or tried by Magistrate and not otherwise provided for in those rules; (iii) Part A of Criminal appeal. The following record shall be
preserved for one year and shall then be destroyed : (i) Part B of all civil and criminal
cases, appeal and revisions, provided that, Part B of civil cases and civil
appeals in which a first or second appeal lies shall not be destroyed until the
period of limitation for instituting such an appeal has expired or until the appeal,
if instituted, is decided by the Appellate Court; (ii) proceedings of the other court's
Officers and forwarding notices, proclamations calling for records, etc. The period prescribed above shall,
except in case noted below, be taken to run from the date of the final order of
the Court of the first instance or in the event of an appeal, from that of the
decisions of the appeal. In cases under Chapter XXXV of the
Code of Criminal Procedure in which maintenance is awarded, the period shall be
taken to run from the date of the last order passed for the enforcement of the
award. (i) When under the
above rules the whole of the papers of Part A of the record are destroyed, a
note to that effect shall be made in the relevant register. (ii) When only some of the papers of
Part A of the record are destroyed and some are retained according to the above
rules, a note of the papers destroyed shall be made at the time of destruction
on the fly index of the case. (iii) Record-keeper shall arrange all
old records in Part A and B and such parts shall be destroyed in accordance
with the above rules. (iv) All notes made under the above
instruction in this rule shall be attested by the Record-keepers. (v) No note whatever need be made of
the destruction of Part B of a record. Such destruction will be presumed to
have been effected in accordance with rule 14 above. Before destroying Part A of any
judicial proceeding care must be taken to separate and remove from the record
all documents belonging to private persons or to Government as a party to the
proceedings, which have not been superseded by the decree or impounded in the
cases in which they were produced and tied up in separate parcel and notice
shall wherever practicable be given to the persons who produced them in Court
requiring them to take back in to their own keeping within six months from the
date of the notice and warning them that they will be kept at their risk and
the court declines all responsibility for them. Copies of this notice should be
put in a conspicuous place of the Court house. The following Registers shall be
preserved in perpetuity : (i) Registers of suits and cases of
all kinds, civil and criminal; (ii) Record Registers; (iii) Confiscated Property Register; (iv) Library (Books) Register. The following registers shall be
preserved for 50 years from the date of last entry and shall then be destroyed
: (i) Receipt and Despatch Registers; (ii) Register of Property received
into the Nazir's store room. The following judicial registers
shall be preserved for 12 years from the date of last entry and shall then be
destroyed : (i) Register of judicial fines. The following registers shall be
preserved for six years from the date of last entry and shall then be destroyed
: (i) Register of payments of stamp
duty and penalty; (ii) Register of warrants executed by
bailiffs; (iii) Register of files taken out from
the record room for reference. The following registers shall be
preserved for three years from the date of last entry and shall then be
destroyed : (i) Register of dates fixed for trial
of suit, appeal and for cases for execution of decrees; (ii) Register of process served by
each peon; (iii) Register of dales fixed for trial
of suits, appeal and cases; (iv) Register of prisoners under
trial; (v) Register of applications for
copies; (vi) Register of Inspection Notes; (vii) Court-fee stamp register. So far as the
destruction of Account Books and other correspondence papers etc., is concerned
the rules framed by the Government shall be followed. Wherever the word
"appeal" occurs in these Rules it shall also include revisions. A reference to certain Madhya
Bharat or Indian Acts, of these Rules, shall also include all corresponding
Acts, Rules, Circulars and Notifications, on the subject issued by the various
Covenanting States.Rules
for the Destruction of Judicial Records, 1953
[7th January,1954]
All previous Rules, Notifications, Orders, Circulars on the above subject
issued by a competent authority in various Convenanting States shall be deemed
to have been repealed.