In exercise of the powers under
Section 233 of the Uttar Pradesh Revenue Code, 2006 (U.P. Act No. 8 of 2012)
read with Section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act
No. 1 of 1904), the Governor is pleased to make the following regulations with
a view to amending the Uttar Pradesh Revenue Court Manual. (1)
These regulations shall be called the Uttar Pradesh Revenue Court
Manual (Amendment) Regulations, 2016. (2)
They shall come into force with effect from the date of their
publication in the Gazette. In the Uttar Pradesh Revenue
Court Manual, after Part IV the following parts shall be inserted "Part
V Chapter
XLIII PRELIMINARY 431.
Definitions. (1)
In this part, unless there is anything repugnant in the subject or
context, (i)
"Bench" means the Bench of the Board and includes a
member sitting alone; (ii)
"Board" means the Board of Revenue constituted under the
Code; (iii)
"Chairman" means the Chairman of the Board; (iv)
"Code" means the Uttar Pradesh Revenue Code, 2006; (v)
"Court" means the revenue court; (vi)
"High Court" means the High Court of Judicature at
Allahabad; (vii)
"Regulation" means a regulation of the Revenue Court
Manual; (viii) "Rule"
means a rule of the Uttar Pradesh Revenue Code Rules, 2016; (ix)
"Section" means a section of the Code; (x)
"State" means the State of Uttar Pradesh. (2)
Words and expressions used but not defined in these regulations shall
have the meanings respectively assigned to them in the Code. (3)
The Uttar Pradesh General Clauses Act, 1904, shall apply for the
interpretation of these regulations as it applies for the interpretation. 432.
Administrative control. The general supervision and
control of revenue courts in all matters relating to disposal of cases, appeals
and revisions shall vest in the Board. Subject to the superintendence of the
board and the Commissioner of the division, the Collector shall have
administrative control over all revenue courts within the local limits of his
jurisdiction. 433.
Rulings.- All the revenue courts shall
follow the rulings of the High Court and that of the Board which are in force.
However, a Bench of the Board which does not agree with the ruling of other
coordinate or larger Bench of the Board may refer the question involved in the
case to the Chairman for constitution of a larger Bench. 434.
Reckoning of time. Where any particular number of
days is prescribed by the Manual the same shall be reckoned exclusively of the
first day and inclusive of the last day, unless the last day shall happen to
fall on a day on which the offices of the court are closed, in which case the
time shall be reckoned exclusively of that day also and of any succeeding day
or days on which the offices of the court continue to be closed. 435.
Issue of orders. Every judicial order issued from
the office of the revenue court shall be in writing. 436.
Date. (1)
Every application, objection, memorandum of appeal, memorandum of
revision or memorandum of review presented in the revenue court shall be signed
on every page by the applicant, the objector, the appellant or the revisionist,
as the case may be, or by an Advocate appearing on his behalf and shall be
dated. (2)
Every affidavit presented in the revenue court shall be signed on
every page by the deponent and shall be dated. (3)
All the annexure filed by the plaintiff, applicant appellant, or
revisionist along with the plaint, application, affidavit, supplementary
affidavit or rejoinder affidavit, shall be consecutively numbered as 1, 2, 3
and so on and all the annexures filed by the defendant, the respondent or the
opposite party along with the objection, the counter affidavits, supplementary
counter affidavit or application shall be so consecutively numbered in case of
their being by the first defendant, respondent or opposite party as A-1, A-2,
A-3, etc., and in case of their being filed by second defendant, respondent or
opposite party as B-1, B-2, B-3 and so on. 437.
Office hours. Subject to the order of the
Board, the hours of work in the office of courts shall ordinarily be from 10
a.m. to 5 p.m. with a recess from 1.30 p.m. to 2.00 p.m. for the staff attached
to the court and also those working in the offices: Provided that the Presiding
Officers of the court may fix different hours for recess for any official or
officials of that court to avoid dislocation of work. 438.
Clerk not to take records. Clerks shall not take records to
their houses and shall finish their work within office hours in court
buildings. 439.
Daily sitting of revenue officers. (1)
Subject to the order of the Board the daily sittings of the courts
prescribed over by revenue officers who are allotted only judicial business
shall ordinarily extend from 10.30 a.m. to 4.00 p.m. with a recess from 1.30
p.m. to 2.00 p.m. and revenue officers shall so arrange the business of their
courts as to supply work for that day: Provided that a sitting may be
prolonged as per the need for the purposes of bringing to a conclusion the
examination of a witness, the hearing an argument, or any other proceeding
which, in the opinion of the Presiding Officer, should not or cannot
conveniently be interrupted. (2)
There shall be no departure from this regulation, except for
special reasons of urgency, which must be recorded in the register of daily
sittings. (3)
Where no Revenue Officer is available solely for judicial
business, the period of daily sitting of Revenue Officers for such court may be
regulated by the provisions of this manual in force on the date of commencement
of the Uttar Pradesh Revenue Court Manual (Amendment) Regulations, 2016 or such
future date may be described by the Board from time to time. (4)
A Revenue Officer may hold his court at any place within his
territorial jurisdiction. 440.
Administrative work. Administrative work shall, so
long as there is judicial work to be done between the hours referred to in Para
439, be conducted outside those hours and may be done in the Presiding
Officer's retiring room. 441.
Absence from court. Whenever a revenue officer
without leave previously obtained absents himself from his court, such absence
and the cause thereof shall be reported by the next day of the officer
competent to grant leave. Such absence should not be for more than two working
days in any one month, and shall be treated as casual leave. 442. Duty
of Reader. (1)
Unless otherwise directed by the Presiding Officer, the Reader
shall ensure that records of the cases listed for admission or order before the
court on the next working day are sent to the residence of the Presiding
Officer before the evening of the day on which the cause list is published. (2)
The Reader shall ensure that the case record so sent to the residence
of the Presiding Officer are brought back to the concerned court room before
the commencement of the court sitting. The Reader shall verify the case records
listed for the day and arrange them in the serial order as given in the cause
list well before the commencement of the sitting. (3)
The Reader shall ensure that the court room is ready for the
sitting at the prescribed time for such sitting. (4)
If for any reason, the Presiding Officer is unable to sit or the
sitting is delayed, the Reader shall promptly notify the same on the notice
board. 443.
Statutes/citations for reference. The parties/legal practitioners
shall before the commencement of the proceedings for the day, furnish to the
Reader a list of Law Journals, reports, statutes and other citations, which may
be needed for reference. 444.
Calling of cases in court. Subject to the order of the
Presiding Officer, the Reader shall call the cases listed in the cause list in
the serial order. 445.
Papers not to form part of the records. (1)
Except with the leave of the court, the following papers shall not
form the part of the records of the case (a)
the written statement filed after the expiry of the period
specified for the purpose or extended by the court. (b)
the counter affidavit filed after the expiry of the time granted
or extended by the court. (c)
the rejoinder affidavit filed after the expiry of the time granted
or extended by the court. (d)
the additional pleadings filed after the expiry of the time
granted. (2)
The court may, for sufficient reason shown, grant the leave to
file the papers mentioned in sub-para (1) of this para on such terms and
conditions as it may deem fit. 446.
Inclusion of cases in the Ready List when pleading are complete. If the pleadings are completed or
if the case is deemed to be ready for hearing, the Presiding Officer or the
official authorised for the purpose shall record the same in the order sheet
and order for inclusion in the list of cases ready for final hearing. 447.
Maintenance of the Ready List. The office of the court shall
maintain separate registers for each category of cases which are ready for
hearing. The registers shall contain separate sections for each year. Inclusion
of cases in the register shall be year wise and in the order in which they
become ready for hearing. 448.
Preparation of Warning List. (1)
From the Ready List, the office shall prepare for each category of
cases, a separate list called 'Warning List' consisting of such number of cases
as may be sufficient in the opinion of the in-charge of the office, for being
posted for hearing for a period of two weeks. (2)
Cases in the Warning List shall be arranged according to year and
number of registration and not on the basis of their serial number in the Ready
List. Oldest among the cases be included first following by the next oldest and
so on. 449.
Publication of Warning List. (1)
The office of the court shall publish the Warning List on the
notice board of the court on the last working day previous to the first and
fifteenth day of every month. (2)
The total number of cases to be included in each Warning List as
fixed by the court, shall as far as possible, be maintained by adding at the
bottom of the list, such number of cases as are required to make good the
deficiency, having regard to the number of cases transferred to the Daily Cause
List. (3)
From Warning List published under sub-para (1), sufficient number
of cases shall be taken for inclusion in Daily Cause List in the order in which
they appear in the Warning List subject to the order of the court. 450.
Preparation and publication of Daily Cause List. (1)
The provisions of Paras 49, 50, 51 and 52 of the Revenue Court
Manual in force on the date of commencement of the Uttar Pradesh Revenue Court
Manual (Amendment) Regulation, 2016 shall mutatis mutandis apply for the
preparation and publication of daily Cause List and Case Diary. Subject to the
directions of the court or the Chairman, the listing of cases in the Daily
Cause List shall be in the following order (a)
Cases for pronouncement of judgments/orders; (b)
Cases for admission; (c)
Cases for orders/directions; (d)
Cases posted as per directions of the court; (e)
Cases from the Warning List. (2)
The title of the Daily Cause List shall consist of the name of the
court, the day, date and time of the court sitting, court room number and in
the case of the Board, the quorum indicating the names of the Chairman/member
constituting the bench with the abbreviations in the brackets (J.) for judicial
and (A.) for administrative. (3)
Against the number of each case listed in the Warning List and in
the Daily Cause List, the following shall be shown (a)
Names of Legal Practitioners appearing on both sides, giving in
brackets the rank of the parties whom they represent. (b)
Names of the parties, with their ranks in brackets. (4)
Office objections and special directions, if any, shall be briefly
indicated in the Daily Cause List below the case number. (5)
The Board shall make an endeavour to secure that information of
date to be fixed in the cases pending before the revenue court be sent to the
parties through Short Message System on the mobile number made available by the
parties. 451.
Carry forward of Cause List and adjournment of cases on account of non-sitting
of a Bench/Court. (1)
If by reason of declaration of holiday or for any other reason the
Bench/Court does not function on the day, the Daily Cause List for that day
shall, unless otherwise directed, be treated the Daily Cause List for the next
working day in addition to the cases already posted for that day. (2)
When the sitting of a particular Bench or Court is cancelled for
the reason of absence of the Member of the Bench or the Presiding Officer of
the court, the cases posted before that Bench or Court shall unless otherwise
directed, be adjourned to a convenient date. The adjournment/posting/directions
shall be notified on the Notice Board. 452.
Request for adjournment. Unless the Bench or the court
otherwise permits, application for adjournment of the cases listed in the Daily
Cause List shall be entertained only at the beginning of the session. 453.
Early hearing of cases. If early hearing of a case out of
turn is required, the party/legal practitioner may make an application stating
the reasons therefor, after serving copy thereof to the other party. The
application shall, if in order, be listed for the next working day before the
Presiding Officer who shall pass appropriate order after hearing the counsel
for the parties. 454.
Details of suit, appeal, etc. filed earlier. In the opening para of the suit,
memo of appeal or revision or of any other application or of the affidavit
filed in support thereof it shall specifically be mentioned that the suit,
appeal, revision or application for the relief sought for is the first suit,
appeal, revision or application and where it is not the first suit, appeal,
revision or application, the details of the suit, appeal, revision or
application instituted, filed or moved earlier and the order passed thereon
shall be disclosed. 455.
Mentioning of Telephone or Mobile Number. Plaintiff, appellant,
revisionist, applicant, defendant, respondent and opposite party and their
counsel, if any, shall give his telephone/mobile number on the front page of
the pleading or in the form prescribed by the Board for the purpose. 456. Copy
to be served on Government or opposite counsel. (1)
If in any suit, appeal, revision or other proceeding to be filed
or initiated in revenue court, State or Gram Panchayat is a party, before
filing such plaint, appeal, revision or application, a copy of the same shall
be served on the Government Advocate of the State or the Panel Lawyer of Gram
Panchayat, as the case may be. (2)
A party shall, before filing the application, affidavit or other
pleading in any pending case or proceeding, serve a copy of the same on the
opposite party or his counsel. 457. No
expiry interlocutory order. No court shall pass any
interlocutory order or stay order in any case pending before it on a date which
has not been fixed for the case concerned without affording opportunity of
hearing to the opposite party or his counsel. 458.
Speedy Disposal. (1)
The court shall endeavour to finally decide the suit within a
period of one year from the date of institution of the suit and if the suit is
not decided within the period aforesaid, the reason for the same shall be
recorded. (2)
The appellate or the revisional court shall endeavour to finally
decide the appeal or revision, as the case may be, within a period of six
months from the date of filing the appeal or revision and if the appeal or
revision is not decided within the aforesaid period, the reason for the same
shall be recorded. 459.
Expeditious disposal of review. The court shall endeavour to
finally decide the review application within a period of Ninety days from the
date of filing it and if the review application is not decided within the said
period, the reason for the same shall be recorded. 460.
Execution of decree and order. (1)
The decree or order passed under the Code or the rules framed
under the Code shall, mutatis mutandis, be executed in accordance with the
provisions of Chapter V. (2)
The Assistant Collector/Tehsildar passing the order for eviction
or recovery of any amount of damages or compensation under the provisions of
Section 67 of the Code shall get the order executed and in execution of the
order he shall, mutatis mutandis, follow the procedure laid down in Paragraphs
137 and 138. 461.
Library. Besides the library in the Board
at Lucknow Headquarter and also at Allahabad Headquarter, there shall be a
library in each Tehsil, District and Commissionary Headquarter. In the library
relevant Regulations, Acts, Commentaries on Acts, Law Digests, Departmental
Codes, Guides, Manuals, Circulars and Law Journals would be made available in
the sufficient number. The Board shall ensure that all the relevant Acts,
Amendments, Government Orders, Orders of the Board, Circulars and Current Law
Journals be available in the library of every Headquarter. CAVEAT 462.
Caveat Register. A register of caveat shall be
maintained in every parent revenue court. 463.
Filling of Caveat. (1)
Where an application is expected to be made in any suit, appeal,
revision or other proceeding before the court, any person claiming the right to
oppose the application, may, either personally or through his counsel, after
serving a copy of caveat through registered post/speed post on the person by
whom the application is expected to be made, lodge a caveat in the court in
respect thereof. (2)
Where a caveat has been lodged and notice thereof has been served,
the applicant shall, when presenting the application in court, furnish proof of
having given prior notice in writing to the caveator or his counsel of the date
on which the application is proposed to be presented and also to the effect
that the copies of the application and other pleadings have been served on him. 464.
Details required to be given in Caveat Application. When an applicant files a caveat
under Para 34, the full name, the name of father and address of the applicant
along with phone/mobile number/e-mail, if any, shall be given on the front page
of the caveat and the name, seat/chamber number, phone/mobile number of his
counsel, if any, shall also be given. 465.
Acknowledgement. The applicant filing the caveat
shall produce along with the caveat, a receipt slip in the following form on
which the endorsement regarding the receiving of the caveat shall be made by
the official concerned. Receipt
slip A caveat filed personally by
Sri.....................................................son/daughter/wife
of................................. R/o. .......................................................
or through the counsel Sri ................................... Advocate,
Chamber/Seat No. ..................................regarding the judgment/order
dated............. passed by.................................................
in the case of...........................v............................in
case/suit/appeal/revision.................................... under section
.................. of the Code/Act, ................................. has been
received at............on..................... Signature of official, Seal Receiving the caveat. 466.
Registering of the Caveat. When a caveat is filed under this
Chapter, the official concerned shall receive the caveat and sign and seal the
receipt slip produced by the applicant and thereafter the caveat shall be
registered immediately in the register of caveat. 467.
Report regarding the filing of Caveat. (1)
When any suit, appeal, revision or other application is filed, the
official concerned shall report to the effect as to whether any caveat has been
filed or not. If the caveat has been filed but the copies of the application
and other pleadings have not been served on the caveator or his counsel the
endorsement to the aforesaid effect shall be made and the application shall be
shown as defective. The defect shall be removed only when the proof is produced
to the effect that the copies of the application and other pleadings have been
served on the caveator or his counsel. (2)
If the copies of the application and other pleadings are not
received by the caveator or his counsel, the same shall be sent to him through
the registered post/speed post and the receipt thereof shall be deemed
sufficient proof of service. (3)
The caveat shall be put up before the Presiding Officer along with
the suit, appeal, revision, etc. and the name of the caveator or his counsel
shall be shown in the Daily Cause List. 468.
Opportunity of hearing to Caveator. When the suit, appeal, revision
or other application regarding which the caveat has been filed, is taken up in
the court concerned, the reasonable opportunity of hearing shall be afforded to
the caveator or his counsel before passing any interlocutory order or stay
order on the application in respect of which, the caveat has been filed. 469.
Hearing in absence of Caveator. If the caveator or his counsel
does not appear in the court to oppose the application even after reasonable
opportunity, the order on the application may be passed after recording the
facts to the effect that even after reasonable opportunity the caveator or his
counsel did not appear to oppose the application. Chapter
XLV APPLICATIONS
REQUIRED TO BE SUPPORTED WITH AFFIDAVIT 470.
Applications required to be supported with Affidavit. (1)
The following applications shall be supported with an affidavit
setting out in form of a narrative the material facts, circumstances, names and
dates where necessary on which the applicant relies (a)
An application for demarcation under Section 24 of the Code,
except the application under sub-rule (13) of the Rule 22; (b)
An application regarding rights of way and other easements under
Section 25 of the Code; (c)
An application for removal of obstacle under Section 26 of the
Code; (d)
An application for correction of records under Section 32 of the
Code; (e)
An application for mutation under Section 33(3) of the Code; (f)
A report for mutation under Section 34 of the Code, if made by the
person claiming the mutation; (g)
An application for correction under Section 38 of the Code; (h)
An application for cancellation of allotment under Section 66 of
the Code; (i)
An application, if moved by private person, for eviction of
unauthorised occupants under Section 67 of the Code; (j)
An application for declaration under Section 80 of the Code; (k)
An application for cancellation of declaration under Section 82 of
the Code; (l)
An application for permission to acquire land under Section 89(3)
of the Code; (m)
An application under Section 98 of the Code for permission to the
Bhumidhar of Scheduled Caste to transfer in favour of any person not belonging
to Scheduled Caste; (n)
An application for exchange under Section 101 of the Code; (o)
An application for cancellation of allotment under Section 128 of
the Code; (p)
An application to set aside sale under Section 193 of the Code; (q)
An application for Condonation of delay under Section 5 of
Limitation Act, 1963; (r)
An application for grant of interim relief in any suit, appeal,
revision or other proceeding; (s)
An application for transfer of the suit, appeal, revision or other
proceeding pending before the court; and (t)
Any other application in support of which the court may require an
affidavit to be filed. (2)
The court may call for an affidavit in any other matter coming up
before it. (3)
An person opposing the grant of an application may bring before the
court any facts not contained in the application of the other party, by an
affidavit. Chapter
XLVI JUDGMENT,
DECREE AND ORDER 471.
Pronouncing of judgment. (1)
The court, after the case has been heard shall pronounce the
judgment or order in an open court, either at once, or as soon thereafter as
may be practicable and when the judgment is to be pronounced on some future
day, the court shall fix a day for that purpose, of which due notice shall be
given to the parties or their advocates. Note. For the removal of doubt it
is hereby declared that when the date for pronouncement of judgment is fixed
and the order sheet is signed by the parties or their counsel it shall be
deemed sufficient notice. (2)
Where the judgment or order is not pronounced at once, every
endeavour shall be made by the court to pronounce the judgment or order within
fifteen days from the date on which the hearing of the case was concluded. But
where it is not practicable so to do on the ground of the exceptional and
extraordinary circumstances of the case, the court shall fix a future date for
the pronouncement of the judgment or order and such date shall not ordinarily
be a date beyond thirty days from the date on which the hearing of the case was
concluded and due notice of the date so fixed shall be given to the parties or
their counsel. (3)
Where a written judgment or order is to be pronounced, it shall be
sufficient if findings of the court on each issue and the final order passed in
the case are read out and it shall not be necessary for the court to read out
the whole judgment or order, but a copy of the whole judgment or order shall be
made available for the perusal of the parties or their counsel immediately
after the judgment or order is pronounced. (4)
The judgment or order may be pronounced by the dictation in open
court to shorthand writer if the Presiding Officer is specifically empowered in
this behalf. (5)
Where the judgment or order is pronounced by the dictation in open
court, the transcript of the judgment or order prepared by the shorthand writer
shall be filed by him with the paper book of the case to which it relates not
later than seven days from the date on which such judgment or order was
delivered. He shall initial the transcript and enter at the foot thereof the
date on which the judgment or order was delivered and the date on which the
transcript was filed on the paper book of the case. (6)
When the transcript of the judgment or order prepared by the
shorthand writer has been filed with paper book of the case, the Reader shall
submit it to the Presiding Officer who delivered it. It shall then be signed or
initialed by such Presiding Officer or officers after such corrections as may
be considered necessary. Thereafter, it shall be sealed with the seal of the
court by the Reader. (7)
In a case where the judgment or order is reserved and is
pronounced later, a column be added on the first page of the judgment or order
and after the case title date of reserving the judgment or order and date of
pronouncing it, shall be separately mentioned by the reader concerned. (8)
Notwithstanding anything in this Chapter, the order in the summary
proceeding shall be passed within the time limit prescribed in the Code, or the
Rules, or in this part of the Manual for concluding the proceeding and if it is
not possible the reason for the same shall be recorded. Chapter
XLVII PROCEDURE
FOR SUMMARY PROCEEDINGS UNDER THE CODE 472.
Procedure applicable to the summary proceedings. Procedure prescribed in this
chapter shall, subject to the provisions of the Code and the rules, apply to
the summary proceedings under the Code and the rules. 473.
Contents of application. (1)
Every application under the Code or the rules, shall be moved in
the prescribed form, if any. (2)
If there is no prescribed form, the application under the Code or
the rules shall set forth concisely under distinct paras, the grounds for such
application. Such grounds shall be numbered consecutively. (3)
It shall not be necessary to present a separate application to
seek an interim order or direction if in original application the same is
prayed for. (4)
An applicant may, subsequent to the filing of an application under
the Code or the rules, apply for an interim order or direction. (5)
Where the applicant seeks condonation of delay, he shall file a
separate application supported by an affidavit. 474.
Documents to accompany the application. (1)
Every application shall be accompanied by the copies of the
documents relied upon by the applicant and referred to in the application. If
the application is supported by an affidavit, the required copies of the
documents may be annexed to the affidavit. (2)
Where an application is filed by any agent, document authorising
him to act as such agent shall also be appended to the applicable: Provided that where an
application is filed by a legal practitioner, it shall be accompanied by a duly
executed 'Vakalatnama'. 475.
Presentation and scrutiny of application. (1)
The official authorised to receive the application shall endorse
on the application the date on which it is presented and shall sign the
endorsement. (2)
If, on scrutiny, the application is found to be in order, it shall
be duly registered and given a serial number. (3)
If the application, on scrutiny, is found to be defective and the
defect noticed is formal in nature, the official may allow the applicant or his
counsel to remove the defect in his presence, and if the said defect is not
formal in nature, the official may allow the applicant or his counsel to
rectify the defect at such time as he may deem fit and the endorsement thereof
shall be made on the application which shall be signed by the party or counsel
thereof. (4)
If the applicant fails to rectify the defect within the time allowed
under the preceding sub-para, the official may decline to register the
application and if so, he shall place the matter before the Presiding Officer
for appropriate orders. (5)
All the registered applications shall be posted for
admission/order before the appropriate Presiding Officer on the next working
day. The notice of the posting shall be given by notifying in the Daily Cause
List for the day. (6)
The Board shall, apart from the Offline system, endeavour to adopt
the online system for the submitting the application processing and depositing
the fee prescribed therefor. 476. Time
for counter and rejoinder affidavit. Ordinarily three weeks' time for
filing the counter affidavit and two weeks' time for filing the rejoinder
affidavit shall be allowed. Further time may be granted for filing the counter
affidavit or rejoinder affidavit on the sufficient reason being shown. 477.
Hearing. (1)
When all or any of the opposite parties fail (s) to file the
counter affidavit or objection, as the case may be, within the time granted by
the court and further time is not granted by the court, the case shall be
deemed to be ready for hearing and included in the Ready List for final
hearing. (2)
If the counter affidavit or objection is filed by the opposite
party within the time granted or extended by the court, the applicant shall be
granted time for filing the rejoinder affidavit. (3)
If the rejoinder affidavit is not filed within the time granted or
extended by the court, after the expiry of the time granted or extended by the
court, for filing the rejoinder affidavit, the case shall be deemed to be ready
for hearing and included in the Ready List for final hearing. 478. Oral
evidence. If the oral evidence of parties
or their witnesses is required for the determination of any material question
involved in the summary proceeding, it shall be given on affidavit. However, if
the court is satisfied that the cross examination of the deponent who has given
the evidence on affidavit is necessary, it may direct to produce the deponent
for such cross examination. 479.
Reason for delay in disposal. If the period for concluding a
proceeding has not been fixed in the Code or the rules, the court shall
endeavour to conclude the proceeding within a period of ninety days and if the
proceeding is not concluded within the aforesaid period, the reason for the
same shall be recorded. Chapter
XLVIII PROCEDURE
REGARDING MUTATION OF NAMES DUE TO SUCCESSION OR TRANSFER UNDER SECTION 34 AND
35 OF THE CODE Note. This chapter applies to the
area under the Code. The rules governing mutation in undisputed cases of
succession under Section 33 of the Code are contained in Paragraph 433-C of the
Land Record Manual. The regulations in this chapter govern mutation of names by
succession or transfer under Section 34 and Section 35 of the Code. 480.
Entry in Mutation Register. When an application or report for
mutation is received under Section 33 or Section 34 of the Code, in the manner
prescribed in Rules 32, 33 or 34 of the Rules, the date on which the report or
application is received shall be endorsed thereon at the time of receipt by the
tehsildar or by such officer as he may appoint in this behalf and thereafter
the application or report shall be registered in the register of mutation
maintained for the purpose. 481.
Report not to be invalid. No report shall be deemed to be
invalid merely for reason of some of the particulars required to be specified
having been omitted, or having been incorrectly stated. In such cases the
tehsildar shall ascertain from the person making the report or application or
from any other source considered convenient, such particulars as may be
necessary to complete or correct the report. 482.
Enquiry. Upon the receipt of the report
under Section 33 or 34 whether of succession or transfer or on facts otherwise
coming to his knowledge the tehsildar shall cause a proclamation to be issued
free of charge under Section 35 of the Code, in the manner provided in Rule 34
of the rules, notifying that proceedings for mutation of................name, has
been started. Without waiting for the issue of proclamation, the tehsildar
shall make necessary enquiries, about the existing entries in the relevant
papers and other details pertaining to the land in question from the office of
the Registrar Kanungo and from the Halqa Lekhpal also, if necessary. 483.
Proclamation. The proclamation shall specify (a)
the name of the village where the land is situated; (b)
the plot number and area of the plot acquired; (c)
the name, parentage and residence of the person acquiring the land
and of the person from whom the land is acquired; (d)
the date on which the land was acquired; (e)
the rent or revenue payable on the land; (f)
the date on which the proclamation is issued; (g)
the date (being not less than 30 days from the date of issue of
the proclamation) by which objection may be filed. 484.
Filing objection and evidence. The proclamation shall also
require the person who has obtained possession as also any other person who may
wish to file objection to attend on the date to be specified in the proclamation
and for producing such evidence as may be in his possession in support of his
objection. 485.
Basis of the objection to be filed. If any person files objection in
the case of mutation proceeding, the document on which the objector relies,
shall be filed along with the objection. No objection without basic document on
which the objector relies, shall be entertained unless the court is of the
opinion that the objection may be filed without such document for the reason to
be recorded in writing. 486.
Decision on mutation. After the expiry of the period
specified in the proclamation the case of mutation shall be decided by the
tehsildar in the manner prescribed in Rule 34 of the rules. Chapter
XLIX INTERLOCUTORY
ORDER AND STAY ORDER 487.
Mentioning number of application and their details. In the opening para of the
application for interlocutory order or stay order or of the affidavit
supporting the application it shall specifically be mentioned that the
application for the relief sought for is the first application and where it is
not the first application, the details of the application moved earlier and the
order passed thereon shall be disclosed. 488.
Documents to be filed with application. An application for interlocutory
order or stay order shall be accompanied by the copies of the documents relied
upon by the applicant and referred to in the application or in the affidavit
filed in support thereof. 489. Ad
interim ex parte order. (1)
The court may, on the application of any party to a suit, appeal, revision,
review or other proceeding and on such terms as it thinks fit, make an order
for preservation of any land which is the subject matter of the suit appeal,
revision, review or other proceeding. (2)
The court shall in all cases, except where it appears that the
object of making the order for preservation would be defeated by the delay,
before making the order, direct notice of the application for the same to be
given to the opposite party: Provided that where it is
proposed to make an order without giving notice of the application to the
opposite party, the court shall record the reasons for its opinion that the
object of making the order would be defeated by delay, and require the
applicant (a)
to deliver to the opposite party or to send to him by registered
post/speed post immediately after the order has been made, a copy of the
application for the order together with (i)
a copy of the affidavit filed in support of the application; (ii)
a copy of the plaint, memo of appeal, memo of revision or other
application on which the proceeding has been initiated; and (iii)
copies of documents on which the applicant relies; (b)
to file, on the date on which the order is made or on the working
day immediately following that day, an affidavit stating that the copies
aforesaid have been so delivered or sent. (3)
If the condition mentioned in clause (b) of sub-para (2) of this
para is not complied with, the interlocutory order shall be vacated
automatically. (4)
Where an order has been made under this para without giving notice
to the opposite party, the court shall make an endeavour to finally dispose of
application within thirty days from the date on which the order was made and
where it is unable so to do it shall record its reasons for such inability. 490. No
automatic Stay. An appeal, revision or review
shall not operate as a stay, of the judgment, decree or order questioned in
such appeal, revision or review or of the suit or proceedings in which such
judgment, decree or order has been passed, unless the court of appeal, revision
or review passes the order for the aforesaid purpose. 491. No
stay or interim order before condonation of delay. Where an appeal, revision or
application for review is presented after the expiry of the period of
limitation specified there for accompanied by an application supported by
affidavit for the condonation of the delay, the court shall neither stay the
effect and operation of the judgment, decree or order in question nor grant any
other interim relief unless the delay is condoned. 492.
Recall of stay or interim order. The interlocutory order or stay
order passed under this chapter be discharged, varied or set aside by the
court, on application made thereto by any party dissatisfied with such order: Provided that where an order has
been passed after giving to a party an opportunity of being heard, the order
shall not be discharged, varied or set aside on the application of that patty
except where such discharge, variation or setting aside has been necessitated
by a change in the circumstances or unless the court is satisfied that the
order has caused undue hardship to that party. 493.
Interlocutory order to be vacated on false or misleading statement. If in an application for interlocutory
order or stay order or in any affidavit supporting such application, a party
has knowingly made a false or misleading statement in relation to material
particular and the interlocutory order or stay order or both, as the case may
be, is made without giving notice to the opposite party, the court shall vacate
the interlocutory order or stay order unless for reasons to be recorded, it
considers that it is not necessary so to do in the interest of justice. Chapter L ORDER OR
DIRECTION FOR EXPEDITIOUS DISPOSAL OF CASES 494.
Direction for expeditious. (1)
The Board may suo motu or on the application of a party to the
suit, appeal, revision or other proceeding, pass general or specific order
directing the court below to decide the suit, revision or other proceeding
within the period enumerated in the order. (2)
The application for direction to decide the suit, appeal, revision
or other proceeding within the period stipulated by the Board shall be
accompanied by affidavit. (3)
Besides the brief facts of the case, the reasons for the delay in
disposal of the case shall be disclosed in the affidavit filed in support of
the application and a copy of the entire order sheet or the extract thereof
shall be annexed to the affidavit. (4)
The Board shall, while passing the order directing the court below
to decide the case within the stipulated period, keep in mind, the conduct of
the party applying for the direction, the comparative urgency for the early
disposal of the case and the number of cases pending in the court concerned. (5)
Mere filing of transfer application does not amount to stay of the
proceeding in the court below unless the stay order is passed on the transfer
application by the competent court. The court below shall endeavour to comply
with the direction passed by the Board for the expeditious disposal of the case
and the provisions of Rule 195 of the rules shall, mutatis mutandis, apply
regarding the compliance of the order under this para. Chapter
LI TRANSFER
OF CASES 495.
Transfer application and their disposal. (1)
An application for transfer of case shall be accompanied by
affidavit. In the opening para of the application for transfer or of the
affidavit supporting the application it shall specifically be mentioned that it
is the first application for transfer and where it is not the first
application, the details of the application moved earlier and the order passed
thereon shall be disclosed. (2)
Telephone/Mobile Number of the applicant or his counsel shall be
given on the front page of the application or in the form prescribed by the
Board for the purpose. (3)
Telephone/Mobile Number, if available on the record in the court
below, of the opposite party or his counsel shall also be given on the front
page of the application or in the form prescribed by the Board for the purpose. (4)
The specific grounds for transfer of the case shall be enumerated
in the affidavit filed in support of the application and copies of the
documents relied on by the applicant shall be annexed to the affidavit. (5)
The provisions of Chapter XLIX, shall, mutatis mutandis, apply on
the application for interlocutory order or stay order during the pendency of
the transfer application. (6)
The transfer application may be disposed of even without calling
for the record or report from the court below. (7)
The court shall endeavour to decide the transfer application
within the period of forty-five days from the date of filing the application
and if the transfer application is not disposed of within the said period, the
reason for the same shall be recorded. (8)
If the court, while deciding the application for transfer of the
case, comes to the conclusion that the application was frivolous or vexatious
or has been moved with a view to dilating the proceeding in the court below or
the applicant is otherwise abusing the process of the court, it may impose such
costs as it deems fit considering the facts and circumstances of the case and
may also direct the court below to decide the case within the stipulated
period. 496.
Repeal. The provisions of the Revenue
Court Manual in force on the date of commencement of the Uttar Pradesh Court
Manual (Amendment) Regulations, 2016 so far as, they are inconsistent with
provisions of the Code, the rules or this part of the Manual shall stand
repealed. The provisions of the Revenue Court Manual in force on the said date,
which have not been repealed, under this para shall, mutatis mutandis, continue
to remain in force until amended rescinded or repealed by regulations made
under Section 234 of the Code."UTTAR
PRADESH REVENUE COURT MANUAL (AMENDMENT) REGULATIONS, 2016
PREAMBLE
Chapter XLIV