Civil Manual Complete

CHAPTER I
COURT AND OFFICE HOURS
1. All Judges shall sit in Court during the hours prescribed by paragraphs 2 and 3 for the disposal of
judicial business. Administrative work shall ordinarily be done outside Court hours, but if on any day the
Board breaks down (such occasion should be rare), the Judge should continue to work for the rest of the
day in the Court premises and utilise the time in writing judgments and attending to administrative
matters.
2. (i) In the Small Cause Court, Bombay, and in Courts in the Districts of Akola, Amravati, Bhandara,
Buldhana, Chandrapur, Nagpur, Wardha, Yavatmal, Nandeed, Osmanabad, Parbhani and Dadra and Nagar
Haveli, Silvasa the Court hours shall be from 11 a.m. to 2 p.m. and from 3 p.m. to 5 p.m. On all Court
working Saturdays, the Court hours of the Small Causes Court, Bombay shall be from 11.00 a.m. to 2.00
p.m. and for urgent judicial work, two Judges shall work upto 5.00 p.m.
(ia) “ The Court hours of Parbhani District shall be from 11.30 a.m. And 3.00 p.m. To 5.00 p.m. ”
(ii) In all other districts, the Court hours shall be from 11-30 a.m. to 2-30 p.m. and from 3-30 to 5-30 p.m.
(iii) The office hours in all Districts in the State of Maharashtra including the Court of Small Causes at
Bombay and the Courts in Dadra and Nagar haveli, Silvassa, shall be from 10.30 a.m. to 5.30 p.m. with
half an hour recess (excluding inferior Government Servants).
(iv) So far as the inferior Government Servants are concerned, in all Districts and the Court of Small
Causes, Bombay, the Office hours shall be from 9.30 a.m. to 6.00 p.m.
(v) Muslim employees of Government, if they ask for permission to leave office to say their Jumma
Prayers, should be allowed to take their lunch recess on Fridays at the time convenient to them."
3. The District Judge may, with the previous permission of the High Court, alter the hours prescribed by
paragraph 2 for any Court in his District, but so as not to reduce the total number of working hours in the
week.
4. Ordinarily, all judicial matters should be disposed of in open Court.
5. Persons attending Courts and even witnesses taking the oath should be allowed to keep on their
footwear.
The public should have access to, or remain in, the room or the building used by a Court, except when the
Presiding Judge thinks it fit in any particular case, to exclude either the public generally or any particular
person. The grounds for doing so should, however, be recorded in the Roznama.
6. The Presiding Officer of Courts are authorised to suspend work for about half an hour or to stand in
silence for a minute or two after a suitable reference has been made when a prominent local lawyer passes
away and when a request for suspension of work is made to the Court.
CHAPTER II
INSTITUTION OF SUITS
Presentation, Examination and Registration etc. of Plaints
7. A plaint, along with a copy thereof for the purpose of drawing up of a decree at the relevant stage, may
be presented at any time during the Court hours to the Clerk of the Court or to such officer as the Court
appoints in this behalf under Order IV, rule 1, Civil Procedure Code, or in the absence of such officer, to
the Judge himself. Immediately after it is presented, the date of presentation shall be endorsed thereon
[and an acknowledgment thereof shall be given to the party or Advocate presenting it].
Note 1- If a plaint is presented beyond Court hours, it will be in the discretion of the Judge to accept it or
not.
Note 2- The officer receiving the plaint is forbidden to refuse to receive plaints, applications, etc.,
presented to him, on the ground that he is not able, at that time, to check them.
8. The next step is the examination of the plaint in order to determine whether it should be-
(a) admitted ; or
(b) rejected (Order VII, rule 11); or
(c) returned for presentation to the proper Court.
( Order Vii, rule 10); or after strictly following the procedure envisaged in new Rule 10-A, Order VII of
Civil Procedure Code, as amended by Act, 104 of 1976.
(d) returned for amendment on the ground that it is not framed as required by law. This examination
should be particularly directed to ascertaining-
(i) Whether the forms provided in Appendix 'A' of the Code are followed as far as is reasonably possible
(Order VI, rule 3);
(ii) Whether names and addresses of parties are properly described in title;
(iii) Whether the plaint is properly signed (Order VI, rule 14);
(iv) Whether it is duly verified (Order VI, rule 15);
(v) Whether it complies with the requirements of Order VII, rules 2, 4 and 6;
(vi) Whether it is properly valued and stamped ;
(vii) Whether a certified copy of extract of Record of Rights is produced or not when the suit is in respect
of agricultural land; or whether the property extract of City Survey is produced or not when the suit is in
respect of immovable property other than agricultural lands ;
(viii) Whether the provisions of Order II, rules 4 and 5 are infringed ;
(ix) Whether the necessary court fee stamps or the necessary postal charges for the service of the
summons on the defendant have been affixed to it;
(x) Whether the document or documents on which the plaintiff sues or the documents in his possession or
powers are produced along with the plaint; and with a proper list thereof ;
(xi) Whether the certificate required by the Pension Act, XXIII of 1871, is produced in suits to which that
Act appears to apply;
(xii) Whether the grounds disclosing how the suit claim is within limitation are pleaded properly;
(xiii) Whether it is indicated how the Court has jurisdiction;
(xiv) Whether the provisions of rules 2 and 4 , Order III as to the production of a power of attorney and
Vakalatanama with the plaint are complied with or not;
(xv) Whether the plaintiff has filed with the plaint a memo in writing giving an address at which service
of notice or summons or other process may be made on him, (Order VI, Rule 14-A);
(xvi) Whether a certificate of the Charity Commissioner is filed or not in a suit filed under the Bombay
Public Trusts Act, as required by section 51(1) of that Act;
(xvii) Whether the Charity Commissioner is impleaded as a party to the suit filed under the Bombay
Public Trusts Act;
(xviii) Whether the plaint by or against the Central Government has been signed and verified by the
person who is acquainted with the facts of the case and who has been appointed as the Officer specified in
the schedule (reproduced at the end of Chapter II) annexed to the Government Notification No. SRO. 351,
dated the 25th January 1958, under Rule 1, Order XXVII of the First Schedule of the Code of Civil
Procedure, 1908, as amended upto 20th September 1969.
(xix) Whether the provisions of Rule (2) of Order XXXVII Civil Procedure Code are fulfilled, if the
Plaintiff desires to proceed under the said order.
9. While examining the plaint, it is also necessary to (a) verify the list of documents produced along with
the plaint; (b) ascertain the correctness of the concise statements, if any, Order VII, rule 9); (c) whether a
copy of the plaint has been filed for the purpose of drawing up of a decree at the relevant stage; (d) check
whether as many copies of the plaint or concise statements on plain paper as there are defendants have
been furnished (Order VII, rule 9); (e) compare with the original any copy of account book produced
under Order VII, rule 17 and mark the relevant entries therein; (f) get a true copy of the entry together
with its translation either in English or in the language of the Court, supported by an affidavit of the
person who translated it where such entry is in a language other than English or the language of the
Court ; and (g) check whether the plaintiff has paid the requisite fee for the service of summons on the
defendants, (Order VII, rule 9).
The officer should also see that for every Indian date mentioned in the plaint, the corresponding date
according to the Gregorian Calendar has been given.
10. If the officer examining the plaint finds that it complies with all the requirements and is correct in all
respects, he should make the endorsement on the plaint--" Examined, and ordered to be registered” [after
giving stamp number thereto] with the date and his signature. If he thinks that the plaint should be
returned for amendment or for presentation to the proper Court, or be rejected under Order VII, rule 11,
he should refer the matter to the Judge for order. He shall examine the plaint as early as possible and after
completing the examination, obtain first orders of the Court on the plaint, within seven days from the date
of its presentation. Specific orders of the Judge should be obtained in respect of Plaints, the examination
of which cannot be completed, for any reason, within the above time.
As regards the Linked Courts a clerk should be sent to the Station where the Judge sits on deputation for
obtaining the first orders on the plaints within the stipulated time mentioned above. For this purpose, the
Clerk of the court or the Nazir should not be sent but only the concerned clerk should be sent.
11. Where, upon examination, the plaint is found to be correct and in order, it should be entered in one of
the four Registers of Suits according to the category to which it belongs. Four types of registers should be
maintained, viz., (i) Regular Suits; (ii) Small Cause Suits; (iii) Special Suits ; and (iv) Summary Suits.
Note - Where the Suit is initially numbered in one category but changes its category subsequently on
account of the powers conferred upon a particular Judge, who is to try the suit, the category be changed
accordingly.
12. After examination and registration, the plaint should be placed before the Judge for orders as to the
issue of summons or otherwise. It will then be for the judge to deal with the matter.
When the plaint is found to be defective in any material particular, or not to comply substantially with the
requirements of Order VI, it would be competent to the Judge to direct that the necessary amendment
should be made.
13. It is desirable that the particulars of only such suits, wherein the plaints are admitted, should be
entered in the register of Suits and numbered according to the order in which the plaints are admitted
(Order IV, rule 2). However, a plaint may be registered even before it is returned for amendment. When it
is presented after amendment, the date of its re-presentation should be noted on the plaint and in the
Register.
14. Where the dismissal or abatement of a suit, or an ex-parte decree is set aside, the plaint should not be
re-registered but proceedings should continue under the original number of the plaint in the Register of
Suits, after taking a note of the order of the Court in that Register, and the number of the miscellaneous
application or the proceeding in which the order was passed as also of the date of that order.
15. Attention is invited to Rules 10 and 10-A, Order VII of the Code of Civil Procedure, 1908, as
amended by Act No. 104 of 1976, according to which the Court shall return the plaint to the plaintiff for
presentation to the proper Court after following the detailed procedure laid down particularly in new Rule
10-A. The Courts should strictly follow the said procedure in cases where they come to the conclusion
that the plaint should be returned for being presented to the Court in which the suit should have been
instituted.
A copy of the Judge's reasons for returning it should be retained and filed. A separate file of such copies
should be maintained.
16. Rejected plaints should be kept together with the orders of rejection and the reasons for the same, and
any evidence which may have been taken. A register of rejected plaints in the form No.6 prescribed for
the register of rejected plaint at page 88 of Vol. II of this Manual should be kept in each Court. The entries
in it should be numbered in each year according to the order in which the plaints are rejected.
17. The plaintiff shall state in the plaint or in a memorandum annexed thereto the value of the subject
matter of the suit, as required by rule 1(i) of Order VII and also how and under what provision the
valuation has been arrived at. Where it is not clear how the valuation is arrived at, the officer examining
the plaint should place the matter before the Judge for orders.
18. Where the subject-matter of the suit is immovable property in a City in which a City Survey has been
completed or in a village where a Grampanchayat is established, and the numbering of the houses and
open spaces in the jurisdiction of the said Panchayat has been made, it should also be seen that the City
Survey Numbers or Grampanchayat numbers have been properly specified in the plaint (Order VII, rule
3).
19. In the plaint, the names of the parties should be shown in consecutive numbers, written one below the
other. These numbers should not be changed; the representatives of a party, who are brought on record
after the institution of the suit, should be shown by sub-numbers. Where a party whose name is entered in
the Register of Suits dies, the necessary correction should be made in that Register.
20. In many Courts, the provisions of rules 14(2) and 18 of Order VII are not strictly followed. The
attention of both Judges and lawyers is, therefore, specially directed to those provisions with a view to
their strict compliance.
21. The lists, copies and statements referred to in Order VII rules 9 and 14 must be signed, if found to be
correct, by the Clerk of the Court. It is also desirable that any copy produced as required by rule 14 of
Order VII, but not covered by rule 17 of that Order, should be compared, and if found to be correct,
signed by the Clerk of the Court. If the list or copy is not correct, it should not be signed but returned for
correction. All corrections erasures and interlineations should be initialled while signing the list or copy,
as the case may be.
22. Every pleading, application, affidavit and other legal document presented to a Civil Court shall be
signed by the lawyer or person presenting it or shall bear an endorsement at the end giving the name of
the lawyer or other person who has drafted it.
23. When a document produced with the plaint appears to be defaced, torn or in any way damaged, or
where its condition or appearance requires special notice, a note of such condition or appearance should
be made on the list of documents and should be verified and initialled, if it is found correct, by the officer
examining the plaint. In such cases, a copy of such defaced or damaged document or of document which
is illegible should be got produced from the plaintiff for use in Court so that the damaged document may
not further deteriorate, or difficulties may not be experienced in reading it.
24. Interlineations, erasures or corrections in a plaint should be initialled by the party or lawyer presenting
or tendering the plaint and by the officer of the Court to whom it is presented.
25. The form for register of suits is given in Schedule I, Appendix H at serial No. 14, Civil Procedure
Code. In column 9 of the Register of Suits relating to particulars, it will be sufficient to note only the
nature of the suit, and the relief or reliefs prayed for in the plaint.
26. Certain forms which may be used by parties as an authority for appearance, a general power of
attorney, an appointment of a lawyer, an authority to receive notices etc., are given as forms Nos, 1,2,3,4,
and 5 pertaining to this Chapter in Volume II. To understand their value and use, the provisions of Order
III should be read.
27. The provisions of section 148-A of the Code of Civil Procedure and the Rules framed by the High
Court thereunder, i.e. Order XLI, should be borne in mind while considering applications for interim
relief. Every caveat under section 148-A of the Code of Civil Procedure should be in the prescribed form
and signed by the Caveator or his Advocate. It is to be presented by the Caveator or his Advocate to the
Court or to the officer authorised to receive the caveats. The caveat is required to be registered in the
Caveat Register. Every application for interim relief or any relief is to be supported by statement on oath
of an applicant stating that no notice under section 148-A is received or, if received, the applicant has
furnished the copies of the application together with the copies of the papers or documents which he has
furnished to the Caveator. The Court, for special reasons to be recorded in writing, can grant interim relief
without serving the Caveator, if, in the opinion of the Court, the object of granting interim relief on the
application would be defeated by delay.
Roznama of Proceedings
28. There should be diary or index of proceedings called the Roznama, a example of which is appended as
Form No. 7. The following general instructions are issued for the maintenance of the Roznama :-
(i) The Roznama should clearly show the course of a suit or case from the beginning to the end in
chronological order. It should show in a concise from the progress of the suit or proceeding from day to
day. The reasons for every adjournment shall also be stated. The Roznama should be a faithful, complete
and concise history of the case and of all proceedings taken in it. It should contain a correct list and
description of the exhibits, the date of the delivery of the judgment, of the signing of the decree and of
any application for review of judgment, for amendment of the decree or for final decree. It should show in
chronological order all proceedings subsequent to the passing of a preliminary decree, if any, and also
contain a note of other proceedings, such as Commissioner's Report, if any.
(ii) An entry should be made in the Roznama, stating whether all witnesses summoned or present have
been examined and if any such witness has not been examined, the reason for not doing so.
(iii) The Roznama must be kept from day to day as an original document by the Bench Clerk or the clerk
on duty and must always remain in file 'B'. Entries other than those made at the time of institution of the
suit or proceeding shall normally be signed by the Judge.
(iv) Every document admitted in evidence and recorded should be mentioned in the Rozmana in
chronological order. The description of the document and the date of the document according to the
Gregorian Calendar should also be mentioned in the Roznama.
(v) At the end of the Roznama of each case, the Bench Clerk concerned should make a note that all the
Court-fee stamps have been punched and should sign the note.
(vi) The name of the presiding Judge should be written in the Roznama when a case is filed, and when it
is taken up by another Judge his name should also be entered.
(vii) The notice prescribed by rule 1 of Order XX where Judgment is reserved or postponed should be set
out in the Roznama.
(viii) The category of the file (A, B, C, D), in which each paper or document mentioned in the Roznama
is kept, should be noted in red ink or pencil in the margin of the Roznama against each paper or
document.
Similarly, a note as regards the return or loss or destruction of a document should be made in red ink in
the Roznama.
(ix) Before transmitting the record to the District Court record room, the Bench Clerk concerned shall
verify and making an endorsement mentioning that the documents are properly classified and kept in the
appropriate files A, B, C, D.
(x) In every appealable case, the Roznama may be written in English.
29. (1) The Judge should also keep memoranda books in Forms Nos. 8, 9 and 10 prescribed at page 93 of
this Manual, Volume II, in accordance with the following instructions :-
(i) Form No.8 - This form is to be kept by all District Judges (including Joint and Assistant Judges). It
should also be used by the Civil Judges (Senior Division), invested with Appellate Powers, when they
hear appeals or revisions.
(ii) Form No.9 - This form is to be kept by all Judges doing Original Civil work, including Small Cause
Court Judges. This form should also be used for interlocutory proceedings which take place during the
progress of the suit, for example, the appointment of a guardian.
(iii) Form No. 10 - Civil Judges and Small Cause Court Judges should keep a separate memorandum book
in Form No. 10 for darkhasts and miscellaneous applications for which it is necessary to fix a date.
(2) (i) Every case entered in any memorandum book should, if the case has on the day in question
advanced a stage, be then and there marked with the mark . If the case is taken up simply to be adjourned,
the mark X should be made against it. If the case is taken up decided, a line should be drawn through the
entry.
(ii) Every suit and proceeding should be entered by its number and year.
(iii) The object of these memoranda books is two-fold-
(a) to show the presiding Judge what work is fixed for any particular day; and
(b) to show an inspecting authority what work was done on any particular day.
(iv) From No. 8 should be kept in English. Forms Nos. 9 and 10 should be kept in the regional language,
unless the presiding Judge prefers that they should be kept in English.
(v) the Presiding Officer should himself fix the adjourned date in every case and should make a note
thereof in his own hand on the daily Board as well as in the Memorandum Book (Form No.9), before
proceeding to take up the next case.
CHAPTER III
APPEARANCE OF DEFENDANTS
Issue and Service of Summons to Defendant
30. It will be for the Judge to determine -
(a) Whether the summons should require the personal attendance of the defendant (Order V,. rules 3 and
4) ;
(b) Whether the summons shall be for final disposal or for settlement of issues (Order V, rule 5) ;
(c) The date for appearance of the defendant (Order V, rule 6) ; and the Judge should make or cause to be
made appropriate endorsements on the plaint and initial them. The forms to be used for summonses are
Nos. 1, 2 and 3 of Appendix B to the First Schedule of the Code ; and
(d) In a summary suit, the Court, while ordering the issuance of the summons, should mention that the
summons should be issued in Form No. 4, appendix B and the copy of the plaint along with the copies of
the documents on which the plaintiff relies and filed along with the plaint be sent to the defendant. No
specific date for return of the summons should be given.
31. After the order for summons is passed and the process fee paid by the plaintiff is credited in the
process fee book, the summons should be promptly prepared in accordance with the order of the Court
and with due regard to the date of appearance, or returnable date fixed by the Court.
32. As soon as the summonses are prepared and signed, the Nazir should arrange for their service by a
bailiff.
33. In addition to the service to be effected through a bailiff, a summons may also be sent to the
defendant, to the address given by the plaintiff, by registered post, prepaid for acknowledgment, provided
there is a regular daily postal service at such place.
34. Rules as to service of summons are contained in rules 9 to 30 of Order V. Care should be taken to see
that baillifs follow those rules as well as the instructions given in the Baillifs' Manual.
35. It is the duty of the serving officer to follow the procedure and take all the steps laid down in rule 17
of Order V. He has no discretion for not taking the necessary steps, when the conditions laid down in the
said rule are fulfilled.
36. It is for the Court to determine whether the service is good or bad. In determining whether the service
is good or not, the attention of Courts is drawn to the necessity of strictly following the provisions of the
Civil Procedure Code as to the service of processes. Ordinarily, service should not be considered
sufficient unless all the requirements of the law in that behalf are fulfilled. The object of the service is to
inform a party of the proceedings in due time. When from the return of a serving officer it appears that
there is no likelihood that a process will come to the knowledge of the party in due time, or a probability
exists that it will not so come to his knowledge, the service should not be considered to be proper. The
law contemplates that the primary method of service should be by tendering or delivering a copy of the
process to the party personally, in case in which it may be practicable to do so. It is the duty of the serving
officer to make all proper efforts to find the party, with a view to effect personal service. It it be not
possible after reasonable endeavour to find the party, then only the service may be made on an adult male
member of the family residing with him.
In this connection, attention is invited to the Bombay amendment of Rule 15 Order V of Code of Civil
Procedure as amended by Act No. 104 of 1976, which is as follows :-
" Where in any suit the defendant is absent from his residence at the time when the service is to be made
at his residence, and where there is no likelihood of the defendant to be at the residence, within a
reasonable time and he has not attended or appeared to have received service of summons on his behalf,
service may be effected on an adult male member of the family, who is residing with him.
Explanation - a servant is not a member of the family within the meaning of this Rule. "
37. Service is effected by affixing a copy of the summons, the Court has to make enquiry under rule 19 of
Order V, and when the summons is not duly served, the above rule provides that the Court should order
such service as it thinks fit. When the summons has been duly served, it is incumbent on the Court to
record a distinct declaration to that effect and to file it with the papers. This rule applies even in case of
summonses received from other Courts for service.
38. With reference to the proviso regarding the service of summons by post on a defendant residing
within the limits of the town of Bombay added to rule 22 in Order V of the Code and the provisions in
rule 19-A, Order V regarding other places where there is regular daily postal service, attention is invited
to section 27 of the General Clauses Act, 1897 (10 of 1897), and it is directed that were, in pursuance of
such service by post, the defendant does not appear when the suit is called out for hearing, the Court shall,
in order to satisfy itself whether the service has been duly effected or not, not only see whether the packet
containing the summons was sent prepaid by registered post and an acknowledgement asked for, but also
whether it was properly addressed. For that purpose, the Court should require it to be proved by affidavit
or otherwise, that the defendant resided in the place which the packet was addressed to him at or about the
time when it would reach him in the ordinary course of postal service.
39. The attention of the Judges is drawn to the necessity of returning the original of proceedings in Form
10, Appendix B under their own signatures, as required by section 28 (2) and Order V, rule 23.
40. The instructions relating to the service of summonses on witnesses (paragraphs 151 to 167) also apply
to service on defendants.
41. As provided in rule 1, Order VIII, the defendant shall file a written statement of his defence, if any, on
or before the first date of his appearance, together with a list of the documents relied upon by the
defendant in support of his defence or claim for set-off or counter-claim at or before the first hearing or
within such time as the Court may permit. But the first adjournment for filing the written statement shall
not ordinarily exceed four weeks, and no further adjournment shall be granted except for reasons to be
recorded in writing. The defendant, who has been granted time for the written statement, ought to be
compelled to file it within the period allowed. If he does not obey the Court's order in this respect, the
Court may pass such order under Order VIII, rule 10, Civil Procedure code, as it thinks just and proper.
42. A written statement is not essential to the progress of a suit. There are many defendants who are
illiterate, ignorant and too poor to obtain legal advice. In their case, the object of a written statement may
be attained by the examination of the defendant (see Order X, rule1) or of some one personally
acquainted with the facts which constitute a defence to the suit. In examining such a person, the Judge
should have in mind the provisions of Order VI and VII so as to be able to elicit what can be said in reply
to the allegations made by the plaintiff.
43. (a) Paragraph 24 also applies to written statements. Model forms are to be found in Appendix A to
Schedule I.
(b) Along with the written statement, the defendant shall file a copy thereof for the use of the plaintiff or
plaintiffs, as the case may be, and the plaintiff or plaintiffs shall receive such copy from the Court.
CHAPTER IV
FREE LEGAL AID
NOTIFICATION
LAW AND JUDICIARY DEPARTMENT
Mantralaya, Bombay 400 032, dated the 12th April 1979

1. Amended by G.N., L.& J.D., No. LAB-1081/(118)-XIV, dated 10th July 1981.
2. Amended by G.N., L.& J.D., No. LAB-1081/(233)-XIV, dated 19th August 1981.
3. Amended by G.N., L.& J.D., No. LAB-1083/(191)-XIV, dated 17th September 1983.
5. Amended by G.N., L.& J.D., No. LAB-1084/(4)-XIV, dated 4th April 1985.
7. Amended by G.N. L.J.& L.D., No. LAB-1089/(2)-XIV, dated 28.3.1989 M.G.G. IVA p.606
8. Amended by G.N.L.& J.D., No. LAB-1490/(51)-XIV, dated 12.12.1990 M.G.G. IVA p.783
9. Amended by G.N. L.& J.D., No. LAB-1494/168/XXII, dated 30.5.1994, M.G.G. IVA Extra p. 280.
No. LAB 1078/689/(127A)-XIV.- Whereas, under Government Resolution, Law and Judiciary
Department, No. DFS. 1076/976/(525)-X, dated the 14th February 1977, a Legal Aid and advice Board to
be called " the Maharashtra State Legal Aid and Advice Board" was constituted for the purpose of setting
up and implementing a legal aid programme for providing free legal service to the weaker sections of the
community in the State in accordance with the scheme formulated by it with the approval of the State
Government;
And Whereas, the said Board has formulated a scheme prescribing the method and manner of providing
free legal services to weaker sections of the community, and forwarded the same to the State Government,
for its approval;
And Whereas, the State Government has approved the scheme so formulated by the said Board with
certain modifications;
Now, therefore, the said scheme as so approved, is hereby published for information of the public.
PART I
PRELIMINARY
44. (1) This Scheme may be called the Maharashtra State Legal Aid and Advice Scheme, 1979.
(2) It shall come into force on such date as the Board may be notification in the Official Gazette, appoint.
45. Definitions - In this Scheme unless the context otherwise requires :-
(a) " aided person " means a person to whom legal aid is provided or legal advice is given in accordance
with the provisions of this Scheme ;
(b) " Board " means the Maharashtra State Legal Aid and Advice Board ;
(c) " Committee " means the Greater Bombay Legal Aid and Advice Committee, or the Nagpur Legal Aid
and Advice Committee or the Aurangabad Legal Aid and Advice Committee or the District Legal Aid and
Advice Committee, or as the case may be, the Taluka Legal Aid and Advice Committee, constituted in
accordance with this Scheme and also includes Sub-Committees and Legal Aid Centres constituted under
sub-clause (4) of clause 12 of the said Scheme.
(d) " Court " includes any Tribunal or Authority in the State ;
(e) " Form " means a form appended to this Scheme ;
(f) " Government Resolution " means the Government Resolution, Law and Judiciary Department, No.
LAB. 1080 (208)-XIV, dated the 30th October 1980 ;
(g) " High Court " means the High Court of Judicature at Bombay including the permanent Bench of that
High Court at Nagpur provided by section 41 of the Bombay Reorganisation Act, 1960 and the Bench of
High Court at Aurangabad :
(h) " legal advice " means oral legal advice or written legal advice as the nature of the case may require ;
(i) " legal aid " means legal aid in any or all of the modes provided in clause 22 of this scheme ;
(j) " legal practitioner " shall have the meaning assigned to that expression in the Advocates Act, 1961 ;
(k) " legal proceeding " means any proceeding in any Court, including any preparatory steps in
connection with such proceeding.
PART II
CONSTITUTION, POWERS AND FUNCTIONS OF COMMITTEES
46. Committees - For the purpose of administering and implementing the legal aid programme in the
State, the Board shall constitute the following Committees, namely :-
(1) The Greater Bombay Legal Aid and Advice committee, in relation to the provision of legal services in
Greater Bombay ; 1[ and also separate Committies for one or more class or classes of Courts in Greater
Bombay according to their jurisdiction ')
(2) The Nagpur Legal Aid and Advice Committee in relation to the provision of legal services in the City
of Nagpur and for supervision of legal services in the Nagpur district ;
(2A) The Aurangabad Legal Aid and Advice Committee in relation to the provision of legal services in
the City of Aurangabad for supervision of legal services in the Aurangabad district ;
(3) The District Legal Aid and Advice Committee, for every district (other than Greater Bombay, Nagpur
district and the Aurangabad District) in relation to the provision of legal services at the headquarters of
the District and for supervision of legal services in the district; (4) The Taluka Legal Aid and Advice
Committee for every taluka, except talukas in Geater Bombay and talukas having headquarters at district
places in relation to the provision of legal services in the taluka.
47. Composition of Committee for Greater Bombay. - The Greater Bombay Legal Aid and Advice
Committee shall consist of the following members, namely :-
(1) A sitting Judge of the High Court of Maharashtra, who is Chairman.

the Vice-President of the Board, nominated by the Chief
Justice.
(2) The Advocate-General of Maharashtra... Vice-Chairman.
(3) One representative of the Bar Council of Maharashtra Member.

residing in Bombay to be nominated by the Bar council.
(4) One representative of the Bombay Bar Association, High Member.

Court, Bombay, to be nominated by that Association.
(5) One representative of the Advocates' Association of Western Member.
India, High Court, Bombay to be nominated by that
Association.
(6) One representative of City Civil and Sessions Court Bar Member.
Association, Bombay, to be nominated by that Association.
(7) One representative of Bombay Advocates' Association of the Member.

Court of Small Causes, Bombay, to be nominated by that
Association.
(8) One representative of the Metropolitan Magistrate Courts Member.

Advocates' Association (Esplanade), Bombay to be
nominated by that Association.
(9) Two members of the State Legislature residing in Greater Members.

Bombay, to be nominated by the State Government.
(10) Two persons representing voluntary legal aid bodies in Members.

Greater Bombay, to be nominated by the State Government.
(11) One person representing Scheduled Castes and Scheduled Member.

Tribes to be nominated by the State Government.
(11A One person representing agricultural labour to be nominated Member.

) by the State Government.
-12 One person representing women to be nominated by the Member.

State Government.
(13) One representative of Social Service Organisations in Member-Secretary

Greater Bombay, to be nominated by the State Government.
(14) Two members of the Bombay Municipal Corporation to be Member.

nominated by the said Corporation.
(15) One Under Secretary to Government , Law and Judiciary Member-Secretary

Dpartment (Legal side ) to be nominated by the State
Governnment.
(16) A Joint Secretary to be suggested by the Committee from Member.

amongst its lawyer members.
(17) Member or Members of the Board residing in Greater Ex-Officio

Bombay. Member.
(18) Joint Director of Information and Public Relations, Ex-Officio

Mantralaya, Bombay or his nominee. Member.
(19) A Principal of one of the Law Colleges within greater Ex-Officio

Bombay to be nominated by the State Government or his Member
nominee.
(20) The Government Pleader, High Court (Appellate Side), Ex-Officio

Bombay. Member.
(21) The commissioner of Police, Greater Bombay (or his Ex-Officio
nominee) Member.
(22) The Superintendent, Bombay Central Prisons, Bombay. Ex-Officio

Member.
(23) The District Probation Officer, Bombay Ex-Officio

Member.
(24) The commissioner of Labour, Bombay (or his nominee). Ex-Officio

Member.
(25) The District Social Welfare Officer, Bombay. Ex-Officio

Member.
48. Composition of Committee for Nagpur. - The Nagpur Legal Aid and Advice Committee shall consist
of the following members, namely :-
(1) A sitting High Court Judge to be nominated by the Chairman.

Chief Justice.
(2) The District Judge, Nagpur. Vice-Chairman.
(2A) Collector, Nagpur or his nominee not below the rank Ex-Officio Member.
of Deputy Collector.
(3) Government Pleader, High Court, Nagpur. Vice-Chairman.
(4) District Government Pleader, Nagpur. Member-Secretary.
(4A) Joint Secretary, Law and Judiciary Department, Ex-Officio Member.

Nagpur.
(5) One representative of the High Court Bar Association, Member.

Nagpur to be nominated by that Association.
(5A) Additional Government Pleader, High Court, Nagpur. Ex-Officio Member.
(6) One representative of the District Bar Association, Member.

Nagpur to be nominated by that Association.
(7) President, Zilla Parishad, Nagpur. Ex-Officio Member.
(7A) The Chief Executive Officer of Zilla Parishad or his Ex-Officio Member.
nominee.
(8) One person representing Women to be nominated by Member.

the State Government.
(9) One person representing Scheduled Castes and Member.

Scheduled Tribes to be nominated by the State
Government.
(9A) One person representing agricultural labour to be Member.

nominated by the State Government .
(10) One person representing voluntary legal aid bodies in Member.

Nagpur to be nominated by the State Government.
(11) One person representing Social service Organisations Member.

in Nagpur to be nominated by the State Government.
(12) One Member of the Nagpur Municipal Corporation to Member.

be nominated by the said Corporation.
(13) One representative of the State Legislature from the Member.

district of Nagpur to be nominated by the State
Government.
(14) Member or Members of the Board residing in Nagpur. Ex-Officio Member.
(15) One representative of the Bar Council of Maharashtra Member.

residing at Nagpur to be nominated by the Bar
Council.
(16) A Joint Secretary to be suggested by the Committee Member.

from amongst its lawyer members.
(17) Deputy Director of Information, Divisional Ex-Officio Member.

Information Office, Nagpur or his nominee.
(18) Principal of one of the Law Colleges within the City Member.
of Nagpur to be nominated by the State Government
or his nominee.
(19) The District Social Welfare Officer, Nagpur. Ex-Officio Member.
(20) The Commissioner of Police, Nagpur (or his Ex-Officio Member.

nominee).
(21) The Superintendent, Nagpur Central Prisons, Nagpur. Ex-Officio Member.
(22) The District Probation Officer, Nagpur. Ex-Officio Member.
(23) The Deputy Commissioner of Labour, Nagpur. Ex-Officio Member.
49. Composition of Committee for Aurangabad.- (1) The Aurangabad Legal Aid and Advice Committee
shall consist of the following members namely :-
(1) A sitting High Court Judge to be nominated by the Chairman.

Chief Justice.
(2) The District Judge, Aurangabad. Vice-Chairman.
(3) Collector, Aurangabad or his nominee not below the Ex-Officio Member.
rank of Deputy Collector.
(4) Government Pleader, High Court, Aurangabad. Vice-Chairman.

(5) Joint Secretary, Law and Judiciary Department, Ex-Officio Member.
Aurangabad.
(6) One representative of the High Court Bar Member.

Association, Aurangabad, to be nominated by that
Association.
(7) Additional Government Pleader, High Court, Ex-Officio Member.

Aurangabad.
(8) One representative of the District Bar Association, Member.

Aurangabad, to be nominated by that Association.
(9) President, Zilla Parishad, Aurangabad. Ex-Officio Member.
(10) Chief Executive Officer of the Zilla Parishad or his Ex-Officio Member.
nominee.
(11) One person representing Women, to be nominated by Member.

the State Government.

Scheduled Tribes, to be nominated by the State
Government.
(12- A) One person representing agricultural labour, to be Member.

nominated by the State Government.
One person representing Voluntary Legal Aid bodies Member.

in Aurangabad, to be nominated by the State
-13 Government.
(14) One person representing Social Service Organisations Member.

in Aurangabad, to be nominated by the State
Government.
(15) One member of the Aurangabad Municipal Member.

Corporation, to be nominated by the said
Corporation.

district of Aurangabad, to be nominated by the State
Government.
(17) Member of Members of the Board residing in Ex-Officio Member.

Aurangabad.
(18) One representative of the Bar Council of Member.

Maharashtra, residing at Aurangabad, to be
nominated by the Bar Council.
(19) Deputy Director of Information, Divisional Ex-Officio Member.

Information Officer, Aurangabad or his nominee.
(20) Principal of one of the Law Colleges within the City Member.
of Aurangabad, to be nominated by the State
Government.
(21) District Government Pleader, Aurangabad. Member-Secretary.
(22) The District Social Welfare Officer, Aurangabad. Ex-Officio Member.
(23) The Superintendent of Police, Aurangabad. Ex-Officio Member.
(24) The Superintendent, Aurangabad Central Prisons, Ex-Officio Member.

Aurangabad.
(25) The District Probation Officer, Aurangabad. Ex-Officio Member.
(26) The Deputy Commissioner of Labour, Aurangabad. Ex-Officio Member.
One Joint Secretary to be suggested by the Committee from amongst its lawyer members.
50. Composition of district Legal Aid and Advice Committee.- (1) The District Legal Aid and Advice
Committee for each district (other than Greater Bombay, Nagpur and the Aurangabad districts) shall
consist of the following members, namely :-
(1) District Judge. Chairman.
(2) The Collector. Vice-Chairman.
(3) The District Government Pleader and Public Prosecutor Vice-Chairman.

of the district.
(3A) The seniormost Member of the concern Indunstrial Member.

Court.
(3B) The seniormost Labour Judge of the concerned Labour Ex-Officio Member.
Court.
(3C) The President Labour Law Practitioners Association. Ex-Officio Member.
-4 The President District Court Association. Member.
(4A) The Secretary District Court Bar Association. Member.
(5) President, Zilla Parishad. Member.
(5A) Chief Executive Officer of the Zilla ,Parishad. Ex-Officio Member.
(6) One person representing Women, to be nominated by the Member.

State Government.

Scheduled Tribes, to be nominated by the State
Government.
(7A) One person representing agricultural labour to be Member.

nominated by the State Government.

district to be nominated by the State Government.
(9) Member or members of the Board residing at the District Ex-Officio Member.
Head quarters.
(10) One representative of the District Bar Association shall Member.

be the Joint Secretary of the District Legal Aid and
Advice Committee to be suggested by the Committee
from amongst its lawyer members.
(11) District Information Officer. Ex-Officio Member.
(12) A Principal of one of the Law Colleges within the Member.

District to be nominated by the State Government (or his
nominee.)
(13) Member of the Bar Council who is the resident of the Member.
District. If there are more than one member coming from
one district then the senior member who is willing, to be
nominated by the State Government).
(14) The District Social Welfare Officer. Ex-Officio Member.
(15) The Commissioner of Police or the Superintendent of Ex-Officio Member.

Police, as the case may be.
(16) The Superintendent of Prisons. Ex-Officio Member.
(17) District Probation Officer. Ex-Officio Member.
(18) The Government Labour Officer. Ex-Officio Member.
Provided that, where in any district there is a large population of persons belonging to the Scheduled
Castes and Scheduled Tribes then, notwithstanding anything contained in entry (7) above, there shall be
separate representatives one each for the Scheduled Castes and Scheduled Tribes, as may be nominated
by the State Government.
Provided further that, in any district if the Government has appointed a Project Officer (ITDP) then he
shall be taken as an Ex-officio Member of that District Committee.
(2) One Assistant Government Pleader and Additional Public Prosecutor of the District, to be nominated
by the State Government shall be Member-Secretary of the District Committee.
51. Composition of Taluka Legal Aid and Advice Committee.- (1) The Taluka Legal Aid and Advice
Committee shall consist of the following members, namely :-
(1) The senior most Judicial Officer at the Taluka Head- Chairman.
quarters.
(2) President of the Taluka Bar Association. Vice-Chairman.
(3) Tahsildar of the Taluka Ex-Officio Member.
(4) One member of the Taluka Bar Association, to be Member.

nominated by that Association.
(4A) The Sub-Divisonal Officer at the Taluka Head Quarters.
(4B) The senionrmost Assistant Government Pleader and

Additional Public Prosecutor at the Taluka Head
Quarters
(4C) The seniormost Officer at the Taluka Head Quarter.
(5) Sub-Government Pleader. Ex-Officio Member.
(6) Chairman of the Panchayat Samiti of the Block Ex-Officio Member.

comprised in the taluka and where there are more than
one Blocks in any taluka, the Chairman of the Panchayat
Samiti of such Block, as may be nominated by the State
Government.
(7) One person representing women to be nominated by the Member.

Chairman of the concerned District Legal Aid and
Advice Committee.

Scheduled Tribes to be nominated by the Chairman of
the concerned District Legal Aid and Advice Committee.
(9) One person representing agricultural labour to be Member.

nominated by the Chairman of the concerned District
Legal Aid and Advice Committee.

Taluka, to be nominated by the Chairman of the
concerned District Legal Aid and Advice Committee.
(11) A Member or members of the Board residing at the Ex-Officio Member.

Taluka Headquarters.
Provided that, where in any taluka there is a large population of persons belonging to the Scheduled
Castes and Scheduled Tribes then, notwithstanding anything contained in entry (8) above, there shall be
separate representatives one each for Scheduled Castes and Scheduled Tribes as may be nominated by the
State Government.
(2) The Block Development Officer of the Block comprised in the taluka shall be the Member-secretary
of the Taluka Committee :
Provided that, where there are more than one Block Development Officers in any taluka, such Block
Development Officer at the taluka headquarters as may be nominated by the State Government shall be
the Member-Secretary of the Committee :
(Provided further that, the Seniormost Assistant Government Pleader, and Additional Public Prosecutor
(whenever available) shall be appointed as the Joint Secretary of the Taluka Legal Aid and Advice
Committee or in his absence) the sub Government pleader if available or in his absence one of the
members of the Taluka Legal Aid and Advice Committee may be appointed as Joint Secretary. The Joint
Secretary so appointed shall discharge such duties and perform such functions of the Member Secretary
of the said Committee as may be a assigned to him by the said Committee).
{7A. Composition of the Bombay High Court Legal Aid and Advice Committee - The Bombay High
court Legal Aid and Advice Committee shall consist of the following members, namely -
1) The Advocate General of Maharashtra Chairman
2) The Registrar (appellate Side), High Court Bombay. Vice-Chairman
3) The Chairman of the Bar Council of Maharashtra Vice-Chairman
4) The Government Pleader(Appellate Side) High Court, Vice-Chairman

Bombay
5) The President of the Advocates Association of Western Ex-Officio Member

India, High court, Bombay
6) The President of the Bombay Bar Association High Court, Ex-Officio Member
Bombay
7) One person representing women to be nominated by the Member

Chairman of the Greater Bombay Legal Aid and Advice
Committee.
8) One person representing Scheduled Castes and Scheduled Ex-Officio Member

Tribes to be nominated by the Chairman of the Greater
Bombay Legal Aid and Advice Committee.
9) One representative of the State Legislature from Greater Member

Bombay to be nominated by the Chairman of the Greater
Bombay to be co-opted by the Bombay High Court Legal
Aid and Advice Committee.
10) One retired Judge of any Court who is associated with Member
Legal Aid work and who is residing in Greater Bombay to
be co-opted by the Bombay High Court Legal Aid and
Advice Committee.
11) One Social Worker, who is associated with Legal Aid Member
work and who is residing in Greater Bombay, to be Co-
opted by the Bombay High Court Legal Aid and Advice
Committee.
12) The Member-Secretary of the Greater Bombay Legal Aid Ex-Officio Member
and Advice Committee.
13) The Establishment Officer, Office of the Government Joint Secretary

Pleader (Appellate Side), High Court Bombay
14) The Secretary, Bar Council of Maharashtra High court, Member-Secretary

Bombay
(7B) Composition of the Bombay City Civil and Sessions Court Legal Aid and Advice Committee -
The Bombay City Civil and Sessions Court Legal Aid and Advice Committee shall consit of the following
members namely -
1) The Principal Judge of the City and Sessions Court, Chairman
Bombay
2) The President of the City Civil and Sessions Court Bar Vice-Chairman
Association, Bombay
3) The Government Pleader, City Civil and Sessions Court, Ex-Officio Member
Bombay

Committee.
5) One person representing Scheduled Castes and Scheduled Member


7) One Principal of one of the Law Colleges within Greater Member

8) The Member-Secretary of the Greater Bombay Legal Aid and Ex-Officio Member
Advice Committee, Bombay
9) Three persons representing legal professions to be nominated Member

by the Chairman of the Greater Bombay Legal Aid and
Advice Committee.
10) One retired Judge of any court who is associated with the Member
Legal Aid work and who is residing in Greater Bombay to be
co-opted by the Bombay City civil and Sessions Court Legal
11) One social worker who is associated with the legal Aid work Member
and who is residing in Greater Bombay, to be co-opted by the
Bombay City civil and Sessions court Legal Aid and Advice
Committee.
12) The Deputy Registrar, City Civil and Sessions Court, Member Secretary
Bombay
Provided that, one of the Members of the Bombay City Civil and Sessions Court Legal Aid and Advice
committee may be appointed as Joint Secretary of the Said Committee, and the Joint secretary so
appointed shall discharge such duties and perform such functions of the member-Secretary of the said
Committee as may be assigned by the said Committee.
7C. Composition of the Bombay Small Causes Court Legal Aid and Advice Committee - The
Bombay small Causes Court Legal Aid and Advice Committee shall consist of the following members,
namely :-
1) The Chief Judge of the Court of Small Causes Bombay. Vice-Chairman
2) The President of the Bombay Advocates Association of the Ex-Officio Member

Court of Small Causes, Bombay
3) The Government Pleader, Small Causes Court Bombay. Member

Committee.



Advice Committee, Bombay
9) Three persons representing legal profession to be nominated Member

Advice Committee.
10) One retired Judge of any Court who is associated with the Member
co-opted by the Bombay City Civil and Sessions Court Legal
11) One social worker who is associated with the legal Aid work Member
and who is residing in Greater Bombay, to be co-opted by the
Bombay Small Causes Court Klegal Aid and Advice
Committee, Bombay.
12) The Additional Registrar, City Civil and Sessions court, Member Secretary
Bombay
Provided that, one of the Member of the Bombay Small Causes Court Legal Aid and Advice Committee
may be appointed as Joint Secretary of the Said Committee, and the Joint Secretary so appointed shall
discharge such duties and perform such functions of the Member-Secretary of the said Committee as may
be assigned by the said Committee.
7D. Composition of the Bombay Industrial and Labour Courts Legal Aid and Advice Committee -
The Bombay Industrial and Labour Courts Legal Aid and Advice Committee shall consist of the
following members namely :-
1) The President, Industrial Court, Bombay Chairman
2) The President of the labour Law Practitioners Associations. Vice-Chairman
Advice Committee.
4) One person representing Trade Unions to be nominated by the Member

Committee.

Committee.



Bombay legal Aid and Advice committee.
9) Three persons representing legal profession for be nominated Member

Advice committee.
10) One retired Judge of any Court who is associated with the Member
Legal Aid Works and who is residing in Greater Bombay to
be co-opted by the industrial and Labour Courts Legal Aid
11) One Social Worker who is associated with the Legal Aid Member
Work and who is residing in Greater Bombay to be co-opted
by the Industrial and Labour Courts Legal Aid and Advice
Committee.
12) The Deputy Registrar, Industrial Court, Bombay Member Secretary
Provided that, one of the Members of the Bombay Industrial and Labour Courts Legal Aid and Advice
Committee may be appointed as Joint Secretary of the Said Committee, and the Joint Secretary appointed
shall discharge such duties and perform such functions of the Member-Secretary of the Said Committee
as may be assigned by the said Committee.
7E. Composition of the Bombay Motor Accidents Claims Tribunal Legal Aid and Advice Committee
- The Bombay Motor Accidents Claims Tribunal Legal Aid and Advice Committee shall consist of the
following members, namely :-
1) The President of the Motor Accidents Claims Tribunal, Chairman

Bombay.
2) The President of the Motor Accidents Claims Tribunal Bar Vice-Chairman

Association, Bombay
3) The Government Advocate, Motor Accidents Claims Ex-Officio Member

Tribunal, Bombay.
4) The Member-Secretary of the Greater Bombay Legal Ex-Officio Member


Committee.


Bombay to be nominated by the Chairman of the Great

9) Three persons representing legal profession to be nominated Members

Advice Committee.
Legal Aid Work and who is residing in Greater Bombay to be
co-opted by the Bombay Motor Accidents Claims Tribunal
Legal aid and Advice Committee.
by the Bombay Motor Accidents Claims Tribunal Bombay.
12) The Registrar, Motor Accidents Claims Tribunal, Bombay. Member Secretary
Provided that, one of the Members of the Bombay Motor Accidents Claims Tribunal Legal Aid and
Advice committee may be appointed as Joint Secretary of the said Committee, and Joint Secretary so
appointed shall discharge such duties and perform such functions of the Member-Secretary of the said
Committee as may be assigned by the Said Committee.
7F. Composition of the Bombay Metropolitan Magistrates Court Legal Aids and Advice Committee
- The Bombay Metropolitan Magistrates Courts Legal Aid and Advice Committee shall consist of the
following members, namely -
1) The Chief Metropolitan Magistrate, Esplanade Court, Chairman

Bombay.
2) The Additional Chief Metropolitan Magistrates Court, Vice-Chairman
Esplanade, Bombay
3) The President of the Metropolitan Magistrates Courts Ex-Officio Member

Advocates Association (Esplanade), Bombay
4) The Member-Secretary of the Greater Bombay Ex-officio Ex-Officio Member

Committee.



Bombay Legal Adi and Advice Committee.
9) Three person representing legal profession to be nominated Members

Advice committee.
co-opted by the Bombay Metropolitan Magistrates Courts
Legal Aid and Advice Committee.
by the Bombay metropolitan Magistrates Courts Legal Aid
12) The Registrar, Chief Metropolitan Magistrates Court, Member Secretary

Esplanade, Bombay.
Provided that, one of the members of the Bombay Metropolitan Magistrates Courts Legal Aid and Advice
Committee may be appointed as Joint Secretary of the Said Committee, and the Joint Secretary so
appointed shall discharge such duties and perform such functions of the Member-Secretary of the said
Committee as may be assigned by the said Committee.
{Provided further that until the said Committee is constituted the Greater Bombay Legal Aid and Advice
Committee shall discharge all the duties and perform all the functions of the Bombay Metropolitan
Magistrates Courts Legal Aid and Advice Committee.
52. Term of Office of Members of Committees, etc. - (1) The term of Office of a Member of the
Committee, other than ex-officio Members, shall be two years :
Provided that, if any such Member fails without sufficient cause to attend three consecutive meetings of
the Committee, he shall cease to be such Member, and the decision of the Chairman on the question,
whether he has ceased to be such Member or not, shall be final.
(2) Whenever any person is nominated as a Member of the Committee by virtue of the post or office held
by him, he shall forthwith cease to be a Member of the Committee if he ceases to hold such post or office.
(3) A non-official Member of the Committee may at any time resign his office by submitting his
resignation signed and addressed to the Chairman of the Committee. No such resignation shall take effect
until it is accepted by the Chairman of the Committee.
(4) Any vacancy in the office of a Member of a Committee shall be filled up as early as may be
practicable, in the same manner as the original appointment and the person so nominated shall continue to
be a member for the duration of the term of office of the Member in whose place he is nominated.
(5) On the expiry of the term of office of a Member, other than ex-officio member, he shall continue to be
a Member of the Committee till new Member is appointed in his place. Such Member shall also be
eligible for re-nomination.
53. Cells of the Committees. - (1) Every Committee shall have a Conciliation Cell consisting of such
number or members of the Committee and other respectable members of the community, as the
Committee may appoint. The Committee while selecting non-members on such cell shall have due regard
to the fact whether such persons enjoy the confidence of the community and will be able to discharge the
functions of bringing about conciliation in a proper and satisfactory manner :
Provided that in no case the Chairman of the Committee, shall be a member of any cell.
" (2) Whenever any person seeking legal aid approaches the committee and after due counselling the
committee is of the opinion that he is eligible for legal aid and his case is fit to be considered by the
Conciliation Cell, it shall refer the matter to the Conciliation Cell and the Cell shall issue notice to the
opposite party and try to bring about the conciliation between the parties :
Provided that, -
(a) If the settlement suggested by the Conciliation Cell is not accepted by the applicant or the opposite
party or by both; or
(b) the Conciliation Cell is unable to bring about a settlement within the period of one month from the
date of reference of the dispute to it;
then the applicant shall immediately be granted requisite legal aid for redressing his grievances.
(3) The Court or authority before which any legal proceeding is pending may, if it so thinks fit, refer the
dispute forming the subject-matter of the legal proceeding to the relevant Conciliation Cell for the
purpose of bringing about settlement between the parties. If the Conciliation Cell is unable to bring about
a settlement within a period of one month from the date of reference of the dispute to it, the matter shall
go back to the court or the authority for disposal according to law.
54. Cell for Women. - (1) Every Committee shall have a Cell for Women consisting of such number of
members of the Committee and such other persons who are engaged in social work within the area of the
Committee, as the Committee may appoint. The Committee while selecting non-members on the cell shall
have due regard to the fact whether such persons are social service minded and have experience of
working for the welfare of women and are otherwise capable of looking after the interests of women. The
Committee shall, as far as possible, try to give preference to women in selecting persons on this Cell.
(2) The Cell shall act as liasion between the Committee and the women residing within the area of the
Committee and try to ascertain the problems and difficulties which the women may be facing and bring
them to the notice of the Committee and take all such steps and make all such recommendations as may
be necessary for the purpose of resolving the problems and grievances of women by resort to the legal
process. The Cell may also undertake socio-legal surveys and researches into the conditions of women
and make recommendations for legal reform to the Board through the Committee.
(3) The Cell shall also look after the interest of women residing within the area of the Committee and
protect and further their interests and ensure that the benefit of the legal aid programme reaches them.
55. Cell for Scheduled Castes, Scheduled Tribes, Vimukta Jatis and Nomadic Tribes.- (1) Every
Committee shall have a Cell for Scheduled Castes, Scheduled Tribes, Vimukta Jatis and Nomadic Tribes
consisting of such number of members of the Committee and such other persons who are engaged in
social work within the area of the Committee, as the Committee may appoint. The Committee while
selecting non-members on the Cell shall have due regard to the fact whether such persons are social
service minded and have experience of working for the welfare of Scheduled Castes, Scheduled Tribes,
Vimukta Jatis and Nomadic Tribes and are otherwise capable of looking after the interest of persons
belonging to Scheduled Castes, Scheduled Tribes, Vimukta Jatis and Nomadic Tribes. The Committee
shall, as far as possible, try to give preference to the persons belonging to Scheduled Castes, Scheduled
Tribes, Vimukta Jatis and Nomadic Tribes in selecting persons on this cell.
(2) The Cell shall act as liasion between the Committee and the members of the Scheduled Castes,
Scheduled Tribes, Vimukta Jatis and Nomadic Tribes residing within the area of the Committee and try to
ascertain the problems and difficulties which the persons belonging to Scheduled Castes, Scheduled
Tribes, Vimukta Jatis and Nomadic Tribes are facing and bring them to the notice of the Committee and
take all such steps and make all such recommendations as may be necessary for the purpose of resolving
the problems and grievances of members of Scheduled Castes, Scheduled Tribes, Vimukta Jatis and
Nomadic Tribes by resort to the legal process. The Cell may also undertake socio-legal surveys and
researches into the conditions of persons belonging to Scheduled Castes, Scheduled Tribes, Vimukta Jatis
and Nomadic Tribes and make recommendations for legal reform to the Board through the Committee.
(3) The Cell shall also look after the interests of persons belonging to Scheduled Castes, Scheduled
Tribes, Vimukta Jatis and Nomadic Tribes residing within the area of the Committee and protect and
further their interests and ensure that the benefit of the legal aid programme reaches them.
56. Duties, powers and functions of Committees.-(1) It shall be the day of the Committee to set up,
administer and implement the legal services programme within the area for which it is constituted, and for
this purpose to take all such steps as may be necessary having regard to paragraph 4 of the said
Government Resolution and in accordance with the provisions of this scheme and the directions which
may from time to time be issued by the Board.
(2) Without prejudice to the generality of the foregoing provisions, the Committee shall exercise the
following powers and perform the following functions, namely :-
(a) to receive and investigate applications for legal aid and advice;
(b) to provide for giving of legal advice ;
(c) to maintain panels of legal practitioners and others for giving legal aid or advice ;
(d) to decide all questions as to the grant of, or withdrawal of, legal aid ;
(e) to arrange to make payment of honorarium to legal practitioners on the panel for legal aid or advice
provided by them and generally to provide for other costs, charges and expenses of legal aid from the
grants placed at the disposal of the Committee;
(f) to take proceedings for recovery of costs, charges and expenses recoverable under sub-clause (2) of
clause 31 and to ensure that the same are credited to Government;
(g) to provide for other legal services to the weaker sections of the community within its area ;
(h) to submit recommendations and suggest improvements in the working of the legal service
programme ;
(i) to prepare, consolidate and submit such returns, reports and statistical information in regard to the
legal service programme with its area, as the Board may call for ;
(j) irrespective of the means test, to initiate proceedings or grant aid -
(i) in cases of great public importance ; or
(ii) in a test case, the decision of which is likely to affect cases of numerous other persons belonging to
the weaker sections of the community;
or
(iii) in a special case, which for reasons to be recorded in writing, is considered otherwise deserving of
legal aid.
(3) The District Legal Aid and Advice Committee shall, in addition to the aforesaid powers and functions
-
(a) supervise, guide and direct the working of the Taluka legal Aid and Advice Committees within the
district; and
(b) call for from the Taluka Legal Aid and Advice Committees in the district such periodical reports,
returns and other statistics or information as it may think fit or as are required to be submitted by the
Board.
(4) Every Committee may constitute sub-committees or Legal Aid Centres) for the more convenient
transaction of its business.
(5) Subject to the general superintendence and control of the Board, every committee shall exercise the
powers and perform the functions conferred or imposed upon it by or under this Scheme.
57. Functions of Chairman of Committee.- (1) The Chairman of a Committee shall be in overall charge of
the administration and implementation of the Legal Aid Programme within the area for which the
Committee is constituted:
Provided that, the Chairman of any Committee shall not directly or indirectly be concerned with or
associated with the decision of any question in regard to grant or withdrawal of legal aid or the manner of
legal aid to any person.).
(2) In the absence of the Chairman, the Vice-Chairman shall perform the functions of the Chairman.
58. Functions of the Member-Secretary.- (1) The Member-Secretary shall be the principal officer of the
Committee and shall be the custodian of all assets, accounts, records and funds placed at the disposal of
the Committee.
(2) The Member-Secretary shall maintain true and proper accounts of the receipts and disbursements of
the funds of the Committee.
(3) The Member-Secretary shall convene meetings of the Committee with the previous approval of the
Chairman and shall also attend meetings and shall be responsible for maintaining a record of the minutes
of the proceedings of the meetings :
Provided that, if the staff of the Committee is posted from the Judiciary, then such staff shall work under
the administrative control, guidance and supervision of the Chairman of the Committee.
59. Meetings of the committee. - (1) Every Committee shall ordinarily meet once a month on such date,
and at such place, as the Member-Secretary may, in consultation with the Chairman decide.
(2) The Chairman, and in the absence of the Chairman, the Vice-Chairman, shall preside at the meetings
of the Committee and in the absence of both, a person chosen by the members present from amongst
themselves shall preside at the meeting of Committee.
(3) The procedure at any such meeting shall be such as the Committee may determine.
(4) The minutes of the proceedings of each meeting shall be truly and faithfully maintained by the
Member-Secretary and such minutes shall be open to inspection at all reasonable times by the Members
of the Committee. A copy of the minutes shall, as soon as may be after the meeting, be forwarded to the
Board, and in the case of a meeting of the Taluka Legal Aid and Advice Committee, a copy of the minutes
shall also be forwarded to the District Legal Aid and Advice committee.
(5) The quorum for the meeting of the Greater Bombay, Nagpur and Aurangabad Legal Aid and Advice
committees shall be five and four, respectively including the Chairman, and that of the District and Taluka
Legal Aid and Advice Committee shall be three, including the Chairman.
(6) all questions at the meeting of the Committee shall be decided by the majority of the Members present
and voting and in case of a tie, the person presiding shall have a second or casting vote.
60. Travelling and Daily Allowances of Members of Committees and the Members of any Cell. - (1) No
Member of any Committee shall be entitled to any remuneration for any work connected with the
functions of the Committee.
(2) The Member of the Committee who is nominated from amongst the Members of the State Legislature
shall be paid travelling and daily allowances as may be admissible to him as such Member of State
Legislatre.
(3) The ex-Officio Members of the Committee shall be entitled to travelling and daily allowances
according to the rules applicable to them.
(4) The other Members of the Committee and the Members of any Cell not being Member of a Taluka
Legal Aid and Advice Committee shall be paid travelling and daily allowances as are admissible to Grade
I Officers of the State Government and the Members of Taluka Committees and the Members of any Cell
constituted by the Taluka Committee shall be paid travelling and daily allowance as are admissible Grade
II Officials of the State Government . s
(5) The Chairman of the Greater Bombay Legal Aid Advice Committee the Chairman of Nagpur Legal
Aid and Advice Committee and the Chairman of Aurangabad Legal Aid and Advice Committee shall be
entitled to draw travelling and daily allowances as are admissible to sitting Judges of the High Court,
according to the rules in force.
61. Funds of Committees. - (1) The Board shall from time to time allocate funds to each Committee out of
the amounts placed at its disposal by the State Government for the purpose of enabling the Committee to
carry out its functions under the Scheme.
(2) For the purpose of meeting the incidental minor charges such as Court-fee stamps and expenditure
necessary for obtaining copies of documents from a Court a permanent advance of the amount specified
below shall be placed the disposal of the Member-secretary of the Committee, namely :-
Rs.
(a) The Member-Secretary of the Greater Bombay Legal Aid and Advice 500
Committee, of the Nagpur Legal Aid and Advice Committee
and of the Aurangabad Legal Aid and Advice Committee.
(b) The Member-Secretary of a District Legal Aid and Advice Committee 250
(c) The Member-Secretary of a Taluka Legal Aid and Advice Committee 100
(3) All expenditure on legal aid or legal advice, travelling and other allowances, accommodation and staff
of the Committee and provision of other legal services as also expenditure necessary for carrying out the
various functions of the Committee under the Scheme, shall be made out of the funds provided by the
Board, and in accordance with such rules as may be made by the Board. The Chairman or in his absence
the Member-Secretary shall operate the account of the Committee in accordance with the directions of the
committee.
(4) The Committee shall cause to be kept and maintained true and correct accounts of all receiptss and
disbursements, and furnish quarterly returns to the Board and in the case of the Taluka Legal Aid and
Advice Committee, such quarterly returns shall also be furnished to the District Legal Aid and Advice
Committee.
(5) The Accounts of every Committee shall be audited annually by Accountant General, Maharashtra. A
copy of the audit report shall be forwarded to the Board.
62. Staff, Office accommodation, etc. - The State Government will make the necessary arrangements for
staff, office accommodation and other facilities as are necessary for the proper discharge of the functions
of the Committees under this Scheme.
PART III
LEGAL AID AND ADVICE
63. Eligibility for legal aid and advice. - Legal aid or advice may be given to all persons who are bonafide
residents of the State of Maharashtra and whose total annual income from all sources whether in cash or
in kind or partly in cash and partly in kind, does not exceed rupees 6,000 :
" Provided that the limitation as to annual income shall not apply to the parties belonging to Scheduled
Casts, Scheduled Tribes, Vimukta Jatis, Nomadic Tribes, Nav Budhas, Women and children :
Provided further that, the limitation as to annual income shall not apply to the parties having disputes
relating to motor vehicle accidents claims.
Provided further that when the cause of action has arisen within the limits of Maharashtra State the
applicant seeking legal aid shall be deemed to be the bonafide resident of the State of Maharashtra :
Provided also that, the Committee may grant legal aid,

(i) in cases of great public importance;
(ii) in a test case, the decision of which is likely to affect cases of numreous other persons belonging to
the weaker sections of the community; or
(iii) in a special case, which for reasons to be recorded in writing, is considered otherwise deserving of
legal aid even where the means test is not satisfied.
64. Proceeding in which legal aid is admissible. - Subject to the provisions of clauses 19 and 23 and sub-
clause (5) of clause 25, the Committee shall give legal advice as also legal aid in all proceedings in any
Court.
65. Matters on which legal advice admissible, etc. - Legal advice may be given in all matters and such
advice shall be aimed at, -
(a) amicable settlement of the disspute by bringing about conciliation between the parties to the dispute ;
(b) rendering assistance in complying with various legal requirements in order to secure the benefits
under various schemes sponsored by or on behalf of the central or State Government or any other public
authority for the welfare of the general public or any sections thereof.
66. Modes of legal aid. - Legal aid may be given in all or any one or more of the following modes,
namely :-
(a) payment of court-fees, process fees, expenses of witnesses and all other charges payable or incurred in
connection with any legal proceedings ;
(b) representation by a legal practitioner in legal proceedings ;
(c) supply of certified copies of judgments, order, notes of evidence and other documents in legal
proceedings ;
(d) preparation of Appeal Paper Book, including printing and translation of documents, in legal
proceedings ; and
(e) drafting of legal documents.
(f) payment of cost or preparing documents for litigation before the Supreme court in which legal
assistance is granted by the Supreme court Legal Aid Committee, New Delhi.
67. Legal aid not to be given in certain cases. - Legal aid shall not be given in the following cases,
namely :-
(1) proceedings wholly or partly in respect of -

(a) defamation ; or
(b) malicious prosecution ;
(2) proceedings relating to any election ;
(3) proceedings incidental to any proceedings referred to in items (1) and (2) ;
(4) proceedings in respect of offences punishable with fine only ;
(5) proceedings in respect of economic offences and offences against social laws, such as the Protection
of Civil Rights Act, 1955, and the Suppression of Immoral Traffic in Women and Girls Act, 1956 ;
(6) Where a person seeking legal aid -
(a) is concerned with the proceedings only in a representative or official capacity ; or
(b) is concerned with proceedings jointly with some other person or persons whose interests are indentical
with his and such person or any of such persons is adequately represented in the proceedings ; or
(c) is a formal party to the proceedings, not materially concerned in the outcome of the proceedings and
his interests are not likely to be prejudiced on account of the absence of proper representation.
PART IV
PROCEDURE
68. Form of application for legal aid or advice. - (1) any person desiring legal aid or advice may make an
application in Form A, addressed to the member-Secretary of the Committee concerned. Such application
shall be accompanied with an affidavit in respect of the annual income of the applicant, if however, such
applicant is unable to bear the expenses for making affidavit, the committee shall pay such expenses. But
if the applicant is illiterate or not in a position to fill in the particulars required in the application, the
Member-Secretary shall gather the necessary particulars from the applicant and fill up the application
form on his behalf and after reading it out and explaining it to him, obtain his signature or thumb mark on
it.
(2) the Committee shall maintain a register of applications wherein all applications for legal aid and
advice shall be entered and registered.
69. Disposal of applications. - (1) On receipt of an application under clause 24, the Member-Secretary or
a lawyer on the Panel of Legal Practitioners, who is assigned the particular duty, shall scrutinise the
application for the purpose of deciding whether the applicant is deserving of legal aid in accordance with
the provisions of this Scheme and for the purpose of arriving at such decision he may require the
applicant to supply further information as may be necessary and also discuss the matter personally with
the applicant and in doing so he shall have regard to the fact that the applicant belongs to a weaker section
of the community and is required to be assisted even in the matter of obtaining legal aid. The application
shall be processed as early as possible and preferably within fifteen days.
(2) The decision of the Member-Secretary or the lawyer on the Panel of Legal Practitioners, who
scrutinizes the application as provided in sub-clause (1) above, to give legal aid shall be final, subject to
confirmation by the Committee at its next meeting. If the Member-Secretary or the lawyer concerned is of
the opinion that the applicant is not deserving of legal aid, he shall place the matter before the Committee
whose decision shall be final.
(3) where it is decided not to give legal aid to an applicant, the reasons for not doing so shall be entered in
the Register of applications maintained by the Committee and information in writing to that effect shall
be communicated to the applicant.
(4) Before giving actual legal aid, the matter shall be referred by the Member-Secretary to the
Conciliation Cell for the purpose of bringing about settlement between the parties. If for any reason not
connected with the intransigence or obduracy of the applicant, the settlement cannot be arrived at the
Conciliation Cell shall make a failure report to the member-Secretary and the Member-Secretary shall
then assign the case to a lawyer out of the panel of Legal Practitioners approved by the Committee. While
assigning the case to lawyer, the Member-Secretary shall have regard to the nature of the case, the
experience of the lawyer and also the willingness and capacity of the lawyer to handle the matter and as
far as possible the case may be assigned to the lawyer on the Panel by rotation.
(5) No application for legal aid or advice shall be granted, or continued after the legal aid is granted, if the
Committee is satisfied that -
(a) The applicant has knowingly made false statement or furnished false information as regards his means
or place or residence ; or
(b) in a proceeding, other than the one relating to criminal prosecution, there is no prima facie case to
institue, or as the case may be, to defend the proceeding ; or
(c) the application is frivolous or fictitious ; or
(d) the applicant is not entitled to the same under clause 23 or any other provision of this Scheme, or
(e) having regard to all the circumstances of the case, it is otherwise not reasonable to grant it.
70. Certificate of Eligibility. - When an application for legal aid or advice is allowed, the Member-
Secretary of the Committee shall make a note on the application to the effect that legal aid is granted. This
note shall constitute the Certificate of Eligibility.
71. Panels for legal aid and advice. - (1) Every Committee shall form such number of Panels of Legal
Practitioners having practice of not less than five years as it may consider necessary.
(2) Every such Panel shall be constituted for a period of one year from the date of its constitution.
(3) Appointment of a Legal Practitioner for legal aid or advice under this Scheme shall be made from the
Panel of Legal Practitioners constituted by the Committee.
(4) Every person included in the Panel shall be required to communicate in writing to the Chairman of the
Committee concerned, his willingness to serve on the Panel.
(5) Any person on the Panel may tender his resignation in writing to the Chairman of the Committee.
(6) Any vacancy in the Panel caused by resignation or otherwise, may be filled up by the Committee, as
soon as possible.
(7) If any person after having agreed to serve on a Panel, neglects or refuses to discharge his duties
properly, the Committee may delete his name from the Panel after giving him opportunity to be heard.
(8) If any person after having agreed to serve on a Panel, neglects or without sufficient cause refuses to
accept an assignment, or is otherwise guilty of misconduct or is guilty of breach of any of the provisions
of this scheme, he shall be liable to be removed from the Panel, after he has been given an opportunity of
being heard.
(9) Save as otherwise directed by the Committee, a legal practitioner who ceases to be on the Panel,
whether on account of resignation or otherwise, shall as soon as practicable, after he so ceases to be on
the Panel, deliver up all the papers pertaining to cases entrusted to him to the Member-Secretary of the
Committee.
72. Duties of Panel Members. - (1) Where the Committee has extended legal aid or advice, then -
(a) Where it is a case of legal advice, the legal practitioner shall hear the aided person or any other person
representing him, examine the papers and documents relating to the case and tender in writing his opinion
on the merits and his advice thereon ; and
(b) where it is a case of legal aid, the legal practitioner shall represent the aided person and act and plead
for him in the legal proceeding.
(2) (a) Where action is taken by a legal practitioner under sub-clause (a) of clause (1), he shall give his
opinion and advice to the aided person and also send a copy of the same to the Member-Secretary of the
Committee.
(b) Where action is taken by a legal practitioner under sub-clause (b) of clause (1) he shall forth-with
make a report to the Member-Secretary of the Committee on the action taken by him and also make
monthly reports to the Member-Secretary in regard to the progress of the legal proceeding. The legal
practitioner shall act in accordance with such instructions as may be given to him, from time to time, by
the Committee.
73. Information to be kept confidential. - Any information furnished or instructions given to the
Committee or any legal practitioner by any aided person in respect of his case shall be kept confidential
by the Committee, or as the case may be, by the legal practitioner and shall be used only in the due
performance of the function of providing legal aid or advice to the aided person, but with the consent in
writing of the aided person, it may also be used for any other purpose. No such information shall,
however, be used against the interest of the aided person, unless required by law.
74. Honorarium payable to Legal Practitioners on the Panel. - (1) The legal practitioners on the Panel
shall be paid following honorarium namely :-
(a) in all legal proceedings in the High Court, at Bombay, at Nagpur and at Aurangabad and in the City
Civil and Sessions Court, Bombay, Rs. 75 per effective hearing, subject to a maximum of Rs. 450 in any
one case.
(b) in all legal proceedings in Court at the headquarter of the districts other than Courts referred to in
clause (a) above and in the Courts of Small Causes in Bombay, Pune and Nagpur and in the Courts of
Metropolitan Magistrate, in Greater Bombay, Rs. 50 per effective hearing, subject to a maximum of Rs.
300 in any one case.
(c) in all legal proceedings in Courts in Talukas other than talukas in Greater Bombay and talukas having
headquarters at District places, Rs. 25 per effective hearing, subject to a maximum of Rs. 200 in any one
case, and
(d) the legal practitioner to whom the case in referred only for legal advice and where legal advice alone
is required to be given, the legal practitioner may be paid a fee not more than Rs. 25 per such legal
advice.
(2) No legal practitioner to whom any case is assigned either for legal advice or for legal aid shall receive
any fee or remuneration whether in cash or in kind or any other advantage, monetary or otherwise, from
the aided person or from any other person on his behalf.
(3) The legal practitioner on the Panel, who has completed his assignment, shall submit a statement
showing the honorarium due to him in connection with the legal proceeding conducted by him on behalf
of the legally aided person to the member-Secretary of the Committee, who shall after due scrutiny and
counter-signature, place the same before the Committee for sanction and on such sanction being given by
the Committee, the amount shall be paid by the Member-Secretary to the legal practitioner. It shall,
however, be open to the legal practitioner to waive the honorarium wholly or partially.
75. Duties of aided person. - (1) A person seeking legal aid or advice shall comply with any requisition or
direction that may be made upon him by the Committee or any of its Members from the date the
application for legal aid or advice is made till the completion or cessation of legal aid.
(2) (i) Notwithstanding anything contained in the first and second provisions under clause 19, every such
person shall agree, -
(a) in the event of the court passing a decree or order or award in his favour awarding costs or
compensation or other monetary benefits or advantages to him, or
(b) he ceases to be entitled to legal aid under the Scheme ;
to pay by way of reimbursement to the Committee all costs, charges and expenses incurred by the
Committee in giving him legal aid.
(ii) The agreement clause contained in paragraph of the Application Form 'A' shall be treated as an
authority authorising the Member-Secretary of the Committee to do all such acts and things as may be
necessary for recovery or realisation of the amount decree d or ordered or awarded to be paid to him.
(iii) The costs, charges and expenses which may be recovered by the Committee as aforesaid shall be
credited to the State Government.
(3) Every aided person or his representative shall attend the office of the Committee as and when required
by the Committee or by the legal practitioner rendering legal aid to him and shall furnish full and true
information and shall make full disclosure to the legal practitioner concerned and shall attend the Court,
as and when required at his own expenses.
76. Cancellation of Certificate of Eligibility. - The Committee may either on its own motion or otherwise
cancel the Certificate of Eligibility granted under clause 26 in the following circumstances, namely :-
(a) in the event of it being found that the Certificate of Eligibility was obtained by misrepresentation or
fraud ;
(b) in the event of any material change in the circumstances of the aided person ;
(c) in the event of any misconduct, mis-demeanour or negligence on the part of the aided person in the
course of receiving legal aid ;
(d) in the event of the aided person not co-operating with the Committee or with the legal practitioner
assigned by the Committee ;
(e) in the event of the aided person engaging a legal practitioner other than the one assigned by the
Committee ;
(f) in the event of death of the aided person, except in the case of civil proceedings where the right or
liability survives ;
(g) in the event of externment under any law for the time being in force, of the aided person, from the area
or place of his residence or business :
Provided that, no such Certificate of Eligibility shall be cancelled without giving due notice thereof to the
aided person or to his legal representatives in the event of his death, to show cause as to why the
Certificate should not be cancelled.
77. Power to give directions. - The Board may, from time to time, issue directions to the Committees to
carry out the purposes of this scheme and the Committees shall be bound to carry out such directions.
FORM A
(See Clause 24)
Form of Application for legal Aid
To,
The Member-Secretary,
.....District/Taluka Legal Aid and Advice Committee.
....................................................................................
....................................................................................
Sir,
I, ............................................................... aged........................................................
son/daughter, wife/widow of ................................................beg to apply for Legal Aid/Advice. My
particulars are as detailed below :-
(i) Present Address.

(ii) Nature of employment.
(iii) Average annual income from all sources.
(iv) Nature of case in which legal Aid/Advice is sought.
(Please attach separate sheet, if necessary, giving nature of dispute, claim or right. Sate documents in
support thereof and other relevant particulars.)
2. I am willing to furnish such further information as may be required for the purpose of enabling you to
consider the application.
3. I am not in a position to pay Court costs and costs of miscellaneous proceedings or engage a legal
practitioner for me.
4. I pray that I may be granted Legal Aid/Advice.
5. I agree to reimburse the State Government all costs, charges and expenses incurred by the Committee
in giving me legal aid if the Court passes a decree or order in my favour awarding costs to me or other
monetary benefits or advantages or if I cease to be entitled to legal aid under this Scheme.
6. The above statements are true to the best of my personal knowledge and belief.
Date :-
Signature of Applicant.
Place :-
-------------------------------------------------------------------------------------------------------------
Recommended for grant of legal aid ..................................................Member-
Secretary............................................. Panel Counsel.
For Office use only
(1) Nature of Advice ... ... ...

(2) Eligibility for Legal Aid ... ... ... Ves/No
(3) Legal Aid ... ... ... Granted/Refused.
(4) anticipated expenditure
(i) Court Fees ... ... ...
(ii) Counsel Fee ... ... ...
(iii) Miscellaneous ... ... ...
(5) Documents received ... ... ...
(6) Lawyer appointed
Name ... ... ...
Address ... ... ...
(7) Final result ... ... ...
(8) Recovery of cost, if any ... ... ...
Signature of Member-Secretary
Maharashtra State
Visit to Jails and Homes for Children Project rules, 1993
Whereas, Article 39A of the Constitution of India provides that the State shall secure that the operation of
the legal system promotes justice, on a basis of equal opportunity and shall, in particular, provide free
legal aid, by suitable legislation or 'schemes or' in any other way, to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic or other disabilities;
And whereas, under Government Resolution, Law and Jusidicary Department, No. LAB 1080/(208)-XIV,
dated the 10th October 1080, the State Government has enunciated a Legal Aid Programme for providing
free legal Services to the weaker sections of the community in the State and for the purposes of effective
administration and implementation of the said Legal Aid Programme, the Government of Maharashtra has
constituted a Board called “ the Maharashtra State Legal Aid and Advice Board”.
And whereas, according to sub-clause (j) of clause (2) of paragraph 4 of the said Resolution, it is the duty
of the said Board to take steps to establish legal aid programmes in the State for rendering assistance to
the members of the weaker sections of the Society in complying with necessary legal requirements in
order to secure the benefits under the various schemes sponsored by the Central or State Government for
the welfare of public in general, or of any section thereof;
And whereas, the question of establishing a project for assisting the prisoners, under-trials or other
persons confined in jails including persons in police lock-ups or children confined in the Jails or
Children's Homes was under consideration of the Government of Maharashtra for sometime past;
Now, therefore, in pursuance of the provisions of Article 39A of the constitution of India and of all other
powers enabling it in that behalf, the Government of Maharashtra in super session of all the previous
orders issued by the Maharashtra State Legal Aid and Advice Board in this behalf is pleased to make the
following rules in that respect, namely :-
CHAPTER I
PRELIMINARY
1. Short title, commencement and application :- (1) These rules may be called the Maharashtra state
(Visits to Jails and Homes for Children Project Rules, 1993.
(2) They shall come into force from the date of publication of these rules in the Maharashtra Government
Gazette.
(3) They shall apply to all the District Legal Aid and Advice committees and all the Taluka Legal Aid and
Advice Committees in the State.
(4) These rules shall not apply to the cases mentioned in clause 23 of the Maharashtra State legal Aid and
Advice Scheme, 1979.
2. Definitions :- In theses rules unless the context otherwise requires :-

(1) “Appendix” means the Appendix appended to theses rules;
(2) “Board” means the Maharashtra State Legal Aid and Advice Board;
(3) “Board Rules” means the Maharashtra State Legal Aid and Advice Board Rules, 1981;
(4) “Children's Home” means the Children's Homes, Remand Homes, Observation Homes, Correctional
Homes, Approved Schools, and includes Borstal Schools, Juvenile Institutions and Reception Homes for
both boys and girls run by the State Government or supported or recognised by the State Government,
and all institutions connected with Housing of delinquents or destitute children;
(5) “Code” means the Code of Criminal Procedure, 1973 (Act No.2 of 1974);
(6) “Committee” means the Greater Bombay Legal Aid and Advice Committee or the Nagpur Legal Aid
and Advice Committee or the Aurangabad Legal Aid and Advice committee or the district Legal Aid and
Advice Committee or the Taluka Legal Aid and Advice Committee, or as the case may be, the courtwise
committees in Greater Bombay constituted in accordance with the provisions of the Maharashtra State
Legal Aid and Advice Scheme, 1979.
(7) “Duty Counsel for Jail Visits” means an Advocate or Senior Legal Adviser who has been appointed to
work on the Jail Visits Project;
(8) “Form” means a form appended to theses rules;
(9) “High Court Rules” means;
(i) the Legal Aid to Unrepresented Accused Persons in cases before the Court of Sessions Rules, 1982, or
(ii) the Legal Aid to Unrepresented Accused persons in Criminal cases other than those before the court of
Sessions Rules 1982;
framed by the bombay High Court under sub-section (2) of section 304 of the Code of Criminal
Procedure 1973;
(10) “High Court Committee” means the Bombay High Court Legal Aid and Advice Committee and
includes the Nagpur Legal Aid and Advice Committee and as the case may be, the Aurangabad Legal Aid
and Advice Committee;
(11) “Jail” means any place declared as a Jail under the Prisons Act 1894, and includes Central Prison,
District Prison, Taluka Sub-Jail, Police Lock up Judicial Custody or any place where under-trial prisoners
or convicted prisoners are kept;
(12) “Jail Authorities” means the officers or the Authorities in charge of the Jails and includes the officers
or Authorities in charge of the Children's Homes;
(13) “Jail Visits” means the visits of the duty Counsels to the Jails and includes the visits to the Children's
Homes;
(14) “Jail Visits Project” means the project undertaken for extending legal aid to the persons confined in
Jails and includes legal aid to the children confined in the Jails or in the Children's Homes;
(15) “Legal Aid Scheme” means the Maharashtra State Legal Aid and Advice Scheme, 1979;
(16) “Member-Secretary” means the Member-Secretary of the committee;
(17) “ Maharashtra Prison Rules” means the Rules framed by the Government of Maharashtra under
section 59 of the Prisons Act, 1894;
(18) “ Office bearer of the Committee” means and includes the Chairman or Vice-Chairman or Member-
Secretary or the Joint Secretary of the Committee;
(19) “Prisons Act” means the Prisons Act, 1894 (Act 9 of 18940);
(20) “Prisoners” means the persons confined in Jails and includes the children confined in the Jails or in
the Children's Homes;
(21) The words or expressions use in these rules but not defined shall have the meanings respectively
assigned to them in the Maharashtra State Legal Aid and Advice Scheme, 1979 or the Maharashtra
Prisons Rules or the Prisons Act or the Juvenile Justice Act, 1986 or the Code;
Provided that, in the event of any conflict with the words and expressions use in the Maharashtra State
Legal Aid and Advice Scheme, 1979, or the Maharashtra Prisons Rules, or the Prisons Act, or the Juvenile
Justice Act, 1986 or the code, the words and expressions used in the Criminal Procedure Code, 1973 shall
prevail.
CHAPTER II
ESTABLISHMENT OF JAIL VISITS PROJECTS
3. Formation of Jail Visits Projects :- Every committee shall constitute a Jail visits Project for the
purpose of extending legal aid and advice to the prisoners.
4. Composition of Jail Visits Projects :- Every Jail Visit Project shall consist of one or more Duty
Counsels appointed under these rules by the Committee for administering the Jail Visits Project.
5. Qualifications for the Duty Counsels :- The person to be appointed as Duty Counsel for Jail Visits
shall possess the following qualifications namely:- (a) he shall either be a legal practitioner whose name
has been included in the panel of legal practitioners prepared by the Committee in accordance with the
provisions of rule 32 of the Board Rules or fit to be included in the panel of Advocates under the said rule
32 of the Board Rules, or
(b) He shall either be a Senior Legal Advisor whose name has been included in the panel of Senior Legal
Advisors Prepared by the Committee in Accordance with the provisions of rule 33 of the Board Rules or
fit to be included in the Panel of Senior Legal Advisors under the said rule 33 of the Board Rules; and
( c ) he shall be conversant with Marathi, Hindi and Local language.
6. Panel of Advocates :- The Committee shall constitute a panel of Advocates for being appointed as
Duty Counsels for Jail Visits from the persons possessing the qualifications specified under rule 5.
7. appointment of Duty Counsels :- (1) The Duty Counsel for Jail visits shall be appointed from the Panel
of Advocates by the Member-Secretary;
Provided that, the lady Duty Counsel may be appointed for lady prisoners;
Provided further that, if any advocate qualified under rule 5 desires to serve as a Duty Counsel in the Jail
Visits Project, without charging any fees or honorarium etc, and if the request is genuine and if his
services are considered, to be useful and the Member-Secretary is satisfied about that such Advocate may
with prior approval of the committee be appointed as Duty Counsel for the Jail Visits Projects by the
Member-Secretary.
(2) The notice of appointment of Advocates as Duty Counsels for Jail visits shall be exhibited on the
Notice Board of the Committee, the Court and of the local bar Association at least one month before the
commencement of the year for which the appointment is made.
(3) A copy of notice of appointment shall also be sent to the concerned Jail Authorities.
(4) Every person before his appointment as Duty Counsel for Jail Visits shall express in writing to the
Member-Secretary, his willingness to serve in the Jail Visits Project and abide by these rules.
(5) Any Duty Counsel for Jail Visits may tender his resignation in writing to the Member Secretary.
(6) Any Vacancy caused by resignation or otherwise may be filled in by the Member-Secretary
immediately in the same manner as the original appointment and the Advocate so appointed shall
continue to be the Duty Counsel for the duration of office of the Duty Counsel in whose place he is
appointed.
(7) If any Advocate after having agreed to serve in the jail Visits Project neglects or refuses to accept an
appointment or acts in such a manner which is unbecoming of his position as a Duty Counsel, he shall, if
found unsuitable by the Committee after due enquiry by the Member-Secretary forthwith cease to be a
Duty Counsel under these rules and shall be debarred from being reappointed as Duty Counsel for the Jail
Visits Project.
(8) If any Advocates after accepting an appointment neglects or refuses to discharge the duties properly or
resigns from the post of Duty Counsel the Committee shall remove the name of the Advocate from the
Panel of Advocates and the Roster of Duty Counsels and appoint another Advocate in his place.
(9) Subject to the provisions of sub-rules (7) and (8) any person serving as a Duty Counsel of the Jail
Visits Project shall be eligible for reappointment.
8. Rester of Duty Counsels :- For the purpose of visiting Jails and Children's Homes every Committee
shall prepare a Roster of Duty Counsels drawn from the Panel of Advocates prepared by the Committee
under rule 6 for a period of one year at a time. The Roster shall be reviewed after every three months.
9. Report of the Duty Counsel :- (1) If more than one Duty Counsel is appointed for a Jail Visits Project
the work may be distributed among them equitably by the member-Secretary.
(2) Every Duty Counsel shall prepare and submit to the Committee every month a Report on Each person
assisted by him during the period of his duty.
(3) No Duty Counsel or any person associated with him in the practice of law shall knowingly act in the
same matter for a person whom he has represented or advised as Duty Counsel except with the prior
approval of the Committee.
(4) Where prior advocate and client relationship existed between a person and the Duty Counsel or any
one associated with him in the practice of law, such Duty Counsel or anyone associated with him, shall
not act for such person.
10. Maintenance of list of Jails :- Every Committee shall maintain a list of Jails and Children's Homes
situated and functioning under its jurisdiction and shall cover all such jails and Children's Homes under
project enunciated under these rules.
CHAPTER III
LEGAL ASSISTANCE TO THE CONVICTED PRISONERS
11. Legal literacy among the Prisoners :- (1) The Duty Counsel shall prepare a chart of legal rights and
explain them to the prisoners through the Jail Authorities or personally.
(2) The committee may prepare pamphlets and booklets on the legal rights of prisoners and distribute
them to the prisoners through the Jail Authorities.
(3) Arrangements may be made to put the posters or well-hangings exhibiting the legal rights of the
prisoners at conspicuous places in the Jails land Children's Homes.
12. Ascertainment of grievances of convicted prisoners in respect of Legal Aid:- (1) The Jail
Authorities shall make arrangment to bring the prisoners at one place for enabling the Duty Counsel to
contact them all within a short period.
(2) During his visit to the prison, the Duty Counsel shall try to ascertain the grievances of prisoners. If
there is a grievance of any prisoner connected with legal rights he shall prepare an application addressed
to the Member Secretary of the Committee and obtain the signature or thumb impression of the prisoner
and hand it over the the Member - Secretary alongwith his opinion for further necessary action in the
matter.
(3) In respect of other applications from the prisoners the Duty Counsel for Jail Visits shall perform the
duties of the Duty Counsel of Counselling Centres under the Maharashtra State Legal Aid Counselling
centre Rules, 1996.
13. Appeals:- (1) A convicted prisoner who was a right to appeal under the statutes shall be afforded
facilities for the same under the Legal Aid Scheme if he is handicapped for want of means to engage a
lawyer.
(2) In the matter relating to appeal the prisoner shall be assisted by extending necessary legal advice also.
(3) The prisoner shall also be helped to draft a proper petition of appeal and assisted for arguing his
appeal.
(4) If at the trial stage the accused was defended by a lawyer appointed under the High Court Rules and
the accused has been sentenced to imprisonment and the appeal is required to be filed in the High Court,
then the said prisoner shall be assisted in preparing the necessary memorandum of appeal. The Duty
Counsel shall interview the prisoner for this purpose and send the papers to the Member-Secretary for
onward transmission to the High Court Committee, for assigning an Advocate for arguing the matter in
the High Court.
14. Special instructions in respect of appeals:- (1) When a Duty Counsel interviews the prisoners and
the prisoner wants assistance for filing appeal, the Duty Counsel may entertain an application from him
and get instructions for the appeal on his behalf. Where a convicted prisoner gives an application in this
way for assistance for filing an appeal, the material supplied to the Duty Counsel as above may be treated
as instructions for filing the appeal and the committee on receiving the papers from the Duty Counsel may
readily arrange for the preparation and presentation of the appeal on the prisoner's behalf through Panel
lawyer and if the appeal is to be filed in the High Court then through the panel lawyer of the High Court
Committee.
(2) The material supplied by the prisoner may be processed by the Duty Counsel in the form of grounds
of appeal wherever lit is convenient to do so,after interviewing the prisoner, or he may send the papers in
the case with a report of the substance of the interview as well as the instructions given by the prisoner to
the committee in important cases, and also in cases where it is found necessary to supplement the
instructions or the material thus received in the first instance.
(3) The Duty Counsel engaged by the committee may have to visit the jail or children's home and obtain
further instructions from the prisoner if necessary.
(4) In pursuance of the provisions of section 382 of the Code relating to jail appeals the Duty Counsel
shall inform the Jail Authorities about the prisoner having approached the Legal Aid Committee and the
fact of his having processed an appeal through the Duty Counsel subject to the provisions of the Code.
(5) When Duty Counsel has prepared the grounds of appeal and forwarded to the committee alongwith
the prisoner's application, the grounds drafted may be used by the panel lawyer assigned by the concerned
committee.
15. Submission of Appeal by the Jail Authorities:- (1) When a prisoner wants legal assistance for filing
appeal in respect of his indictment, the Duty Counsel shall prepare a petition of Appeal and send it to the
concerned Jail Authorities for forwarding
the same to the concerned Appellate Court under Section 383 of the Code.
(2) The Jail Authorities shall forward the petition of Appeal received under sub-rule (1)above to the
concerned Appellate Court under intimation to the concerned Legal Aid Committee.
Explanation:- The concerned Legal Aid Committee means the District Legal Aid and Advice Committee
when the appeal is filed in the District Court, the High Court Committee when the appeal is filed in the
High Court and the Supreme Court Legal Aid Committee when the Appeal is filed in the Supreme Court
of India.
(3) The concerned Committee may ascertain from the concerned Court as to whether any Advocate has
been appointed under the High Court Rules.
(4) If the matter is forwarded to the High Court by the Jail Authorities under section 383 of the Code and
if the intimation is received by the High Court Committee under sub-rule (2) above, the concerned High
Court committee of the District Legal Aid and Advice Committee shall arrange to appoint a panel lawyer
on behalf of the concerned convict prisoner and intimate the same to the concerned Jail Authorities. The
Jail Authorities shall inform the concerned convicted prisoner accordingly.
16. Filing of Appeal in the Supreme Court:- (1) When a prisoner wants legal assistance for filing an
appeal in the Supreme Court in respect of his indictment the High Court Legal Committee shall forward
the following documents to the Supreme Court Legal Aid Committee, New Delhi, for extending the legal
assistance in the Supreme Court to the concerned convicted prisoner:-
(1) Certified copy of the High Court Judgment and order.

(2) High Court paper book.
(3) Grounds taken in the Appeal in the High Court.
(4) Objection of the Opposite Party.
(5) Order/Judgment in the Trial Court.
(6) Other connected documents such as Evidence, FIR etc.
(7) Evidence in support of the facts alleged in the application.
(8) Application for Legal Aid in Form I.
(9) Affidavit in form II on non-Judicial Stamp Paper of appropriate value under the Bombay Stamp Act,
1958 and sworn before any competent authority. (10) Affidavit of facts in Form III.
(11) Vakalatnama in Form IV.
Explanation :- (1) The documents at serial numbers 8 to 11 shall be signed by the prisoner in the
presence of the Jail Authorities. Normally the petition for Special Leave to appeal is to be filed in the
Supreme Court within 90 days of the date of the judgment/order of the High Court excluding the time
taken in obtaining the Certified copy of the impugned order. Therefore, approaching the Committee for
agitating the matter in the Supreme Court, the delay shall be suitably explained and duly supported by
properly sworn affidavit; so that an application for condonation of delay is properly filed in Supreme
Court alongwith the petition.
(2) Before forwarding the above documents the Committee shall examine and see whether the prisoner
possesses a prima-facie cause and whether he eligible for legal aid from the Supreme Court Legal Aid
Committee, for agitating his case before the Supreme Court.
17. Information to the Prisoner :- (1) After processing the application the prisoner shall invariably be
informed by the concerned Legal Aid Committee through the Jail Authorities about the action taken such
as :-
(a) Whether an application or an appeal, as the case may be moved,
(b) the order of the court passed thereon,
(c details of appeal preferred, and
(d) nature of disposal of appeal.
(2) The Committee shall maintain a register to keep a watch over the appeals of prisoners.
18. Guidelines for finding out the Justiciable Right of the convicted prisoners :- The Constitution of
India, the Code, the Prisons Act, the Maharashtra Prisons Rules, and decisions of various High Courts and
the Supreme Court of India provide for the justiciable right of the convicted prisoners in respect of
remission of unexpired portion f sentence. Every Committee while dealing with the applications
regarding justiciable rights of the convicted prisoners in respect of remission of unexpired portion of
sentence shall verify the applications with reference to the guidelines specified in Appendix 'A'.
19. Guidelines for Enforcement of Justiciable Rights of the convicted Prisoners :- Every Committee
shall extend assistance to the convicted prisoners in respect of enforcement of Justiciable Rights of the
convicted prisoners on the basis of the guidelines specified in appendix 'B'.
20. Precautions to be taken before moving the Authorities for remission fo sentence of convicted
Prisoners :- Every committee shall take into consideration the factors specified in Appendix 'C' before
moving the Government to grant premature release to life convicts.
21. Other legal problems of the Prisoners :- If the prisoner has legal problems other than those arising
out of indictment, such as problems relating to his family or property, etc., worrying him in such cases,
when the cases are either referred by the Jail Authorities or when the requests are received from the
prisoners, the Duty Counsel may contact the prisoner, within the sight of the jail Authorities but out of
hearing and examine his request and suggest remedy. Necessary further steps may be taken by the
Committee in this respect ever by contacting the concerned committees.
CHAPTER IV
LEGAL ASSISTANCE TO THE UNDER-TRIAL PRISONERS
22. Assistance to the under-trial prisoners :- The Duty Counsel shall visit the jails, police lock-ups,
located in the jurisdiction of the committee and shall interview all the under trial prisoners and find out
whether they have any problems which can solved by the committee by extending legal assistance.
Explanation :- For the purpose of this Chapter “Under-trial Prisoners” includes the persons kept in jails
and police lock-ups.
23. Information about the Under-trials :- (1) The Jail Authorities shall send the information about the
following categories of newly admitted under-trial prisoners to the nearest Legal Aid Committee or the
Duty Counsel immediately for extending legal aid and assistance, namely :-
(i) under-trial prisoners who are old and infirm including women who are pregnant or have babies to be
nursed;
(ii) under-trials who have spent considerable period, say exceeding 3 months, in jail and have no means to
engage a counsel;
(iii) persons arrested on suspicion under section 41 of the code and confined in the Jails as under-trials
and who have been in jails beyond continuous period of 15 days ; and
(iv) under-trials who are below 16 years of age.
(2) On receipt of the information from the Jail Authorities, if no Duty Counsel has been deputed to the
Jail on that day, the committee shall immediately depute a Duty Counsel to visit the jail and interview the
prisoners for considering the matter for taking up their cases for extending legal aid.
24. Responsibilities of Jail Authorities :- In addition to the provisions of rule 23 the Inspector General
of Prisons and the Director of Correctional Service, Maharashtra State shall take care that all the Jail
Authorities observe the following requirements, namely :-
(1) to send a list of all under-trial prisoners to the legal aid committee of the district in which the jail is
situate giving particulars of the date of entry of the under-trial prisoners in the jail and to the extent
possible, of the offences with which they are charged and showing separately male prisoners and female
prisoners.
(2) to furnish to the concerned Committee a list giving particulars of the persons arrested on suspicion
under section 41 of the Code who have been in jail beyond a period of 15 days.
(3) to provide facilities to the lawyers nominated by the concerned Committee to enter the Jail and to
interview the prisoners who have expressed their desires to have the lawyers assistance.
(4) to furnish to the lawyers nominated by the concerned Committee whatever information is required by
them in regard to the prisoners in jail.
(5) to put up notices at prominent places in the jail that lawyers nominated by the concerned Committee
would be visiting the jail on particular days and that any prisoner who desires to have their assistance can
meet them and avail of their counseling service, and
(6) to allow any prisoners who desires to meet the lawyers nominated by the concerned District Legal Aid
committee to interview and meet such lawyers regarding any matter for which he requires legal assistance
and such interview should be within sight but out of hearing of any jail official.
25. Responsibilities of Police Authorities :- The Director General of Police, Maharashtra State shall take
care that all the Police Authorities observe the following requirements, namely :-
(1) that four or five police lock-ups should be selected in reasonably good localities where only female
suspects should be kept and they should be guarded by female constables. Female suspects should not be
kept in a police lock-up in which male suspects are detained.
(2) that interrogation of females should be carried out only in the presence of female police officers or
constables.
(3) whenever a person is arrested by the police without warrant, he must immediately be informed of the
grounds of his arrest and in case of every arrest it must immediately be made known to the arrested
person that he is entitled to apply for bail.
(4) that whenever a person is arrested by the police and taken to the police lock-up, the police shall
immediately give intimation of the fact of such arrest to the nearest Legal Aid Committee.
(5) that as soon as a person is arrested, the Police must immediately obtain from him the name of any
relative or friend whom he would like to be informed about his arrest and the police should get in touch
with such relative or friend and inform him about the arrest.
26. Production before the Judicial Officer :- On interview, if the Duty Counsel finds that any arrested
person has not been produced before the Judicial Officer within 24 hours of his arrest he shall cause the
matter to be brought before the notice of the concerned Court. Simultaneously the Member-Secretary
shall assign the matter to an Advocate for filing an application for release of the arrested person on this
ground.
27. Guidelines in respect of the remands :- The Duty Counsels while considering the cases relating to
remands shall take into consideration the obligations of Police Officers as mentioned below :-
(1) When an arrest is made under sub-section (1) of section 41 or under sub-section (1) of section 151 of
the Code, relating to a cognizable offence and if a case is registered and there are grounds for believing
that the accusation or information against the arrested person is well founded and the investigation cannot
be completed within a period of 24 hours, the police officer has to comply with sub-section (1) of section
167 for obtaining further detention of the accused.
(2) When a person is arrested under sub-section (1) of section 41, it is the duty of the police officer to
carry out prompt investigation without unnecessary delay, as provided in section 173 of the Code and
collect evidence to satisfy the Court that there is sufficient evidence to raise a suspicion that the arrested
person may have committed an collected by such a remand.
(3) In case of arrest made under sub-section (1) of section 41, there is no question of trial of any criminal
case and there is no consummation of the case by its ending in any conviction or in acquittal and as such
no investigation is required.
(4) If any person is arrested and detained in custody and it appears that the investigation cannot be
completed within a period of 24 hours fixed up by section 57 and there are ground for believing that
accusation or information is well founded, the officer in charge of the police station or the officer making
the investigation shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the
diary relating to the accused and shall at the same time forward the accused to such Magistrate.
(5) An accused person can be detained by the police for a period of 24 hours without any authority from
the Magistrate and for 15 days in the whole under the order of the Magistrate. A Magistrate with or
without jurisdiction can order detention of the person - Police detention or judicial detention - for a
maximum period of 15 days in the whole, and the Magistrate having jurisdiction can extend the period of
judicial detention either to 90 days or 60 days, as envisaged in proviso (a) sub-section (2) of section 167.
(6) The order of remand cannot be made in the absence of the production of the accused before the
remanding Magistrate and if such and order is made mechanically contrary to the provision, that order of
remand or extension of remand is not legally sustainable, ans as such the accused cannot be kept in jail
custody even for one minute after the expiry of the period of remand already ordered by the Court and the
jail authorities cannot keep them inside any longer.
28. Delay in filing charge-sheet.- (1) On interviewing the under-trial prisoners, if the Duty Counsel finds
that, in the case of any under-trial prisoner, inordinate delay is caused for filing charge-sheet by the
police, he shall prepare his report alongwith his opinion showing the further course of action in the matter
and sent the same to the Member-Secretary for immediate action.
(2) If the Member-Secretary after examining the report submitted by the Duty Counsel under sub-rule (1)
finds that it is necessary to take the matter to the Court he shall assign an advocate for filing an
application in the concerned Court for release of the under-trial prisoner on that count.
29. Bail :- After interviewing the under-trial prisoners the Duty Counsel may move for release of under-
trial on bail without sureties having regard to the provisions of the Code in case of under-trials who have
no means to afford sureties.
30. Special assistance in bail matters :- (1) Where an under-trial prisoner seeks legal assistance for bail
from the Duty Counsel the Duty Counsel shall prepare the application in duplicate for bail on behalf of
the applicant, secure the under-trial's signature on the application as well as on the application for legal
aid and shall thereafter forward the original copy of the application for bail directly to the concerned court
for necessary action and the duplicate copy of the application for bail alongwith the application for legal
aid to the Committee.
(2) When the application relates to a Court situated at the Headquarters of the District, after presenting the
application for legal aid, the District Committee shall entrust the copy of the application to the Counsel
engaged, for moving the Court for necessary orders.
(3) Where the application relates to an outlying Court, the copy of the application alongwith the District
Committee's direction to assign a lawyer to the proceeding, shall be sent to the committee concerned
which shall thereafter assign a lawyer from the panel maintained by the Committee to appear before the
Court when the application has to be presented.
Explanation :- If the procedure outlined above is pursued expeditiously it may be possible that by the
time the application intended for the Court is received and registered in the Court, the lawyer entrusted
with the duplicate copy of the application and engaged to argue the petition may also be ready to appear
before the Court and present his argument on the petition. Orders on the petition can thereafter be
obtained expeditiously.
(4) If the Court to which these applications relate is located in an area where there is neither a Committee
nor a panel lawyer, the concerned committee shall forward the duplicate copy of the application to the
Presiding Officer of such Court with a request -
(a) to assign a suitable lawyer;
(b) to make an endorsement on the duplicate application about the action taken; and
(c) to forward the same to the nearest Legal Aid Committee. Such committee shall thereafter register the
application on its file, watch its course and pay remuneration to the lawyer engaged.
(5) There shall be emphasis on the processing of the applications of the prisoners for bail with utmost
expedition.
31. Information to be incorporated in the Bail Application :- While preparing the Bail Application
referred to in rules 29 and 30 the Duty Counsel shall ascertain from the under-trial prisoner and record the
information to be focussed before the Court. The information shall be based on the following factors
concerning the under-trial prisoner-
(1) the length of his residence in the community,
(2) his employment status, history and his financial conditions,
(3) his family ties and relationships,
(4) his reputation, character and monetary condition,
(5) his prior criminal record including any record or prior release on recognizance or on bail,
(6) the identity of responsible members of the community who would vouch for his reliability,
(7) the nature of the offence charged and the apparent probability of conviction and the likely sentence,
(8) any other factors indicating the ties of the accused to the community or bearing on the risk of willful
failure to appear.
32. Application for Legal Aid :- If the Duty Counsel finds that the under-trial prisoner is eligible for
legal aid he shall supply the application in Form “A” appended to the Legal Aid Scheme to the under-trial
prisoner and get the same filled in with signature or thumb impression of the under-trial prisoner on it and
return the same to the committee alongwith his opinion and other papers referred to in rule 30.
33. Other Legal Problems of Under-trials :- If the under-trial prisoners have legal problems other than
those arising out of their indictment, such as problems relating to their family or property etc. worrying
them, in such cases when the cases are either referred to by the Jail Authorities or requests are received
from the under-trials, the Duty Counsels may contact the under-trial prisoners within the sight of the Jail
Authorities but out of hearing, and examine their request and initiate suitable remedial measures.
34. Written information about the Bail etc :- (1) The Duty Counsel may supply to the under-trial
prisoners through the jail authorities written information about the following matters, namely :-
(i) the rights and methods of obtaining bail;

(ii) the rights and methods for filing appeals or revision in respect of their indictment;
(iii) the rights and facilities made available for legal aid and advice with regard to -
(a) proceedings arising out of their indictment before the trial courts and appeals therefrom; and
(b) other legal problems relating to the families and property etc.
(2) The above information may also be supplied in the form of a pamphlet through the police at the time
of arrest of the person and in any event before the arrested person is brought before the Court.
(3) If the under-trial prisoner is illiterate the above said information may be conveyed to him orally
through the concerned authorities.
(4) In addition to the above arrangement the pamphlets, plastic posters and wall hangings etc. about the
legal aid and advice shall be displayed at conspicuous places at the jails and the cells in the police lock
ups.
(5) At the time of admission of the arrested person in the jail the Jail Authorities shall provides the written
information, to the under-trial prisoners about the regulations governing the treatment of prisoners of their
category, the disciplinary requirements of the institution and the authorised methods of seeking
information etc.
CHAPTER V
LEGAL ASSISTANCE TO CHILDREN
35. Maintenance of list of Children's Homes, etc :- Every committee shall maintain a list of Childrens's
Homes, functioning under the jurisdiction of the concerned Committee and shall ensure that all the
institutions are covered by the Jail visits Project enunciated under these rules.
36. Assistance to the children :- (1) The Member-Secretary shall deput the Duty Counsels to Jails and
Children's Homes for the purpose of providing legal assistance to the children.
(2) The Member-Secretary shall arrange to depute the Women Duty Counsels to such institutions for
interviewing the children for the purpose of extending legal assistance.
(3) Where there are no women lawyers on the role of the respective committee, services of a woman
lawyer from the nearest committee where a women lawyer is available may be availed of and the visits to
such institutions organised.
37. Functions of Duty Counsels in respect of children in jails :- (1) The Duty Counsel shall verify -
(i) the conditions in which children are kept and whether facilities for education or vocational training
exist;
(ii) the number of children below 16 years of age confined in children's homes and jails;
(iii) what are the offences in respect of which they are charged;
(iv) how many of them have been in detention, either in the same children's home or jail or previously in
any other children's home or jail before being brought to the children's home or jail ink question;
(v) whether they have been produced before the Juvenile Court;
(vi) if so, when and how many times; and
(vii) whether any legal assistance was provided to them previously,
(2) The Duty Counsel shall ascertain the grievances of the children in respect of their legal rights.
(3) The Duty Counsel shall prepare a report about the matters specified in sub-rules (1) and (2) and send
to the Member-Secretary alongwith his opinion in the matter.
(4) The Member-Secretary shall scrutinise the report submitted by the Duty Counsel and take necessary
action in respect of providing legal assistance or redressing the grievances of the child prisoners.
(5) If the matter is beyond the control of the District Committee, the same may be referred to the Board
with the opinion explaining the course of action needed in the matter.
38. Submission of report to the committee :- The Member-Secretary shall prepare a report about the
taken on the Duty Counsel's report relating to the children confined in the jails and Children's Homes and
place the same before the committee during its monthly meetings. The committee shall take into
consideration any drawbacks existing in any jails and Children's Home and take steps to remove them and
render necessary legal aid in respect of children confined in jails and children's Homes.
CHAPTER VI
HONORARIUM AND FACILITES TO THE DUTY COUNSELS
39. Honorarium payable to the duty Counsels :- (1) The Duty Counsels on the panel of Duty Counsels
of Jail Visits shall be paid the honorarium for visiting the jails and Children's Homes and working in the
Jail Visit Projects under these rules as follows, namely :-
(a) the Duty Counsels attending the Jail Visit Projects at Greater Bombay Pune, Nashik, Aurangabad,
Nagpur and Amravati cities shall be paid Rs. 75 (Rupees Seventy Five only) per day, and
(b) the Duty Counsels attending the Jail Visit Projects at the other District places (other than Greater
Bombay, Pune, Nashik, Aurangabad, Nagpur and Amravati Cities) shall be paid Rs. 50 (Rupees fifty
only ) per day; and
(c) The Duty Counsels attending the Jail Visit Projects at the Taluka places (except Taluka having head
quarters at District places mentioned in clauses (a) and (b) above) shall be paid Rs. 25 (Rupees Twenty
five only) per day.
(2) The Duty Counsels may waive the honorarium and work voluntarily.
40. Honorarium in respect of Bail matters :- (1) In cases where applications for Bail are drafted and
filed in the Courts by the Duty Counsels then they shall be paid a fee of Rs. 25 for each bail application in
addition to the honorarium prescribed under rule 39.
(2) After filing the application for bail under sub-rule (1) above if the said Duty Counsel argues the Bail
Application on the same day he shall be paid the fees according to the scale of fees prescribed under
clause 30 of the Legal Aid Scheme including the drafting charges mentioned in sub-rule (1) above but
excluding the honorarium prescribed under rule 39.
(3) If the Bail Application is not heard on the same day then the Duty Counsel shall inform the Committee
accordingly and request the Member-Secretary to take further necessary action by assigning a Advocate in
the matter.
(4) The Duty Counsel may waive the honorarium and work voluntarily.
41. Fees in infructuous cases :- If a Duty Counsel has taken any action in respect of an intructuous case
he may be paid all inclusive honorarium not exceeding Rs. 15 towards the services rendered by him on
that day as may be determined by the Committee.
Explanation :- In order to avoide infructuous actions it shall be the duty of the Jail Authorities to check
up whether any steps have already been taken on behalf of the prisoner or child before the assignment of a
panel lawyer on behalf of a prisoner or the child. This may obviate the instances where cases in which
lawyers have been assigned to institute proceedings, the prisoners or children happened to have been
released and consequently the proceedings became infructuous.
42. Payment of travelling expenses to the Duty Counsels :- (1) In addition to the payment of
honorarium under rules 39, 40 and 41 the Duty Counsels shall be paid reasonable travelling expenses
from the Court house to the Jails or Children's Homes and back as incurred by the, as may be determined
by the Committee subject to the maximum of Rs. 25 per day.
(2) The Duty Counsels may waive the travelling allowance and work voluntarily.
43. Mode of payment of honorarium and travelling expenses :- The honorarium under rules 39, 40 and
41 alongwith the travelling expenses under rule 42 shall be paid to the Duty Counsels by the Committee
at the end of every month by preferring a consolidated contingent Bill in that respect.
44. Facilities to the Duty Counsels :- (1) In order to enable the Duty Counsels to visit the Jails and
Children's Homes, identity cards may be issued to them by the Committee.
(2) The Jail Authorities shall extend the following facilities to the Duty Counsels :-
(i) the arrangements shall be made to meet the prisoners and inmates in the jails or the Children's Homes
and allow the Duty Counsels to talk to the prisoners or the inmates, as the case may be, and examine their
requests if any.
(ii) sitting arrangements shall be made for the Duty Counsels where they can interview the prisoners or
the inmates one by one.
(iii) As soon as a Duty Counsel is appointed the Committee shall intimate to the concerned Jail
Authorities or the authorities of the Children's Home about the appointment.
(iv) At the time the prisoners or inmates are interviewed by the Duty Counsel the same shall be within
sight, but out of hearing of any Jail Officer or Children's Home Officer.
(v) The Jail Authorities and the Children's Home Authorities shall provide full co-operation and assistance
to the Duty Counsels in respect of assisting the prisoners or the children in the jails or Children's Home as
the case may be.
45. Register of work done :- A register of work done by each Duty Counsel during a visit to the jail or
Children's Home shall be maintained by the Committee. The register shall be signed by the concerned
Duty Counsel as a token of authentication. The Member Secretary shall countersign the register after the
end of the visit of the Duty Counsel.
46. Maintaining liaison with the Authorities of Jails and Children's Homes :- The Member-Secretary
of the Committee shall maintain liaison with the Authorities of Jails or Children's Homes and promptly
ascertain and apprise the Chairman of the Committee about the arrival of under-trials or the inmates as the
case may be. This may enable him to assign the Counsels for visits to the jails or children homes as often
as necessary, to ensure that the prisoners or children do not suffer from long delays in securing legal
assistance. An access to legal assistance shall be ensured to the prisoners and children in fullest measure
and with greatest expedition.
CHAPTER VII
WORKING OF THE JAIL VISITS PROJECTS
47. Fixing the day for visits to Jails or Children's Homes :-(1) The Member-Secretary in consultation
with the concerned Authorities of jails, Children's Homes and police may fix one or more visits to jails or
children's homes in a month for the Duty Counsels according to the exigency of the matter.
(2) The advocates selected shall work by turn during the periods assigned to them.
48. Allotment of work to the Duty Counsels :- (1) The Member-Secretary may allot the visits to one or
more jails, or children's homes to maintained in the office of the committee for this purpose.
(2) After receiving the instructions from the Member-Secretary, the concerned Duty Counsel shall visit
one or more jails, or children's homes as directed by the Member-Secretary.
(3) The Duty Counsel shall entertain applications from the prisoners or inmates of children's homes who
seek legal assistance and sort out their problems. He shall advice them of their rights and take such action
as is necessary in the circumstances of each case.
(4) Among the under trials there may be many whose cases may go up before the Magistrate at the
Headquarter. In such cases where it is necessary to move for bail urgently he may himself immediately
report to the Member-Secretary and with his permission move for bail.
(5) Where any under-trial in the jail has his case before any court outside the Headquarter, the Duty
Counsel may place the matter expeditiously before the Member-Secretary for securing orders for legal aid
being sanctioned and the papers being transmitted to the appropriate committee for further action.
(6) Where Counsel has to be provided for legal assistance for trial, the Duty Counsel shall immediately
report the matter to the Member-Secretary for making the provision of Counsel for the case in the
Headquarter and for further directions as referred to above in other areas.
(7) The Duty Counsel shall process the requests for legal aid with the utmost expedition.
49. Clerical assistance :- (1) The Administrative Assistant of the committee shall keep in touch with the
Duty Counsels and supply the necessary clerical assistance for their work.
(2) The committee may formulate the scheme for taking the free assistance from the panel assistants
constituted under rule 34 of the Board Rules for the smooth working of the Jail Visits Project.
50. Processing the applications :- (1) The Administrative Assistant shall place all the papers received
from the Duty Counsels for jail visits before the Member-Secretary. The Member-Secretary shall persue
the papers immediately and scrutinise the opinion recorded by the Duty Counsel in the first instance and
then in consultation with he Chairman of the Committee, he shall process the applications according to
the opinion of the Duty Counsel :
Provided that, if he does not agree with the opinion of any Duty Counsel the Member-Secretary may
record his own opinion and process the application immediately after obtaining the approval from the
Chairman of the Committee :
Provided further that, in complicated matters the Member-Secretary may process the applications after
obtaining the opinion of the Senior Advocate in the manner provided in the Maharashtra State Legal aid
and Advice Counselling Centre Rules, 1986.
51. Sanction of the Committee :- The Member-Secretary shall prepare a report of the cases dealt with
under these rules during the last month and place the same before the next monthly meeting of the
committee for confirmation or post-facto sanction.
CHAPTER VIII
FINANCE CONTROL AND SUPERVISION OF JAIL VISIT
PROJECTS
52. Finance :- The expenditure required for implementing the Jail visits project shall be met by the
committee from the funds placed at its disposal by the Board.
53. Control and Supervision :- (1) The Board may control and supervise the Jail Visits Project through
the office-bearers of the respective Committees.
(2) The Chairman of the Committee shall exercise overall control with regard to the functioning of the
Jail Visits Project.
(3) Every month the Duty Counsel shall prepare and submit to the committee a report specifying the
particulars of the work done by him in the previous month. The particulars shall cover to the following
factors :-
(a) The number of prisoners or children in the different categories, who sought assistance;
(b) The number of prisoners or children interviewed;
(c) The number of cases sent by him for consideration of the committee for sanction of legal aid.
(4) A statement of work done by the Duty Counsel for the jail visits project shall be placed regularly
before the committee in its monthly meetings. The committee shall take into consideration the said work
and if necessary take steps to improve the work.
CHAPTER IX
MISCELLANEOUS
54. Report about the working of the project :- Report about the working of the project shall be
forwarded by the Committee to the Board before 10th of every month. The report shall contain the details
of number of remand prisoners and under-trials, children including the number falling in each of the
categories mentioned in rules 23 and 24 who had applied for assistance and the applications in which aid
was sanctioned for processing applications for bail or for taking other appropriate proceeding in a case.
Where legal assistance was refused by the committee a brief note may be included giving the reasons for
the rejection of the aid.
55. Publicity :- Whenever a legal services programme is held in the jurisdiction of the respective
committee the statistics relating to the working and progress of the Jail Visits Project excluding the
matters falling under section 36 of the Juvenile Justice Act, 1986 shall be announced for the information
of the press and the public :
Provided that, before making the said announcement the Committee shall consult the Director General of
Police, Maharashtra State, as far as the police matters are concerned, the Inspector General of Prisons,
Maharashtra State, as far as prison matters are concerned and the Authorities of concerned Children's
homes as far as the children's Home matters are concerned.
FORM I
(See Rule 16)
Supreme Court Legal Aid Committee,

109, Lawyers' Chambers, Post Office Wing,
Supreme Court Compound, New Delhi 110 001.
FORM No ..................................
APPLICATION FOR LEGAL AID
To,
The Member-Secretary
Supreme Court Legal Aid Committee,
Supreme Court Compound,
NEW DELHI.
1. Name .. ..
(In Block Letters)
2. Father's Name/Husband's/Name .. ..
3. Address -
(a) Residential .. .. ..
(b) Occupational .. .. ..
4. (a) Age and Date of birth .. .. ..
(b) Education .. .. ..
5. Status : Single/Married/Divorced .. ..
6. Number of dependents and their relation to the applicant
7. Any other financial liabilities .. ..
8. Occupation .. .. ..
9. Income per month .. .. ..
(Please attach Income Certificate duly attested by competent Authority)
10. Other sources of income, if any .. ..
11. Sources and monthly income of member in the family.
12. Details and value of movable and immovable assets held by the
applicant, his dependent and other members of his family.
13. Any other relevant information
14. Nature of legal aid and advice sought
15. Whether belongs to Scheduled Castes/Scheduled Tribes/Vimukta Jatis/
Nomadic Tribes/Women/Child.....................................................................'
.......................................................................................................................
(Please attach Certificate, if the applicant belongs to SC/ST/VI/NT)
16. Whether the matter, in respect of which legal aid and advice is now sought, was filed previously in the
Supreme Court ? If So, the result.
17. Whether opinion of any advocate has been sought in the matter ? If so,
particulars of the advocate and his opinion.
Verified that the information given above is true and correct and if it
is found to be incorrect, the Committee shall be at liberty to cancel the certificate of eligibility granted
under E/I No. 13.
Signature
Name...........................................
Address........................................
.....................................................
Date :
Place :
AGREEMENT
I, the undersigned applicant, hereby agree that in the event of the court passing a decree or order in may
favour awarding costs to me or other monetary benefit or advantage, I shall repay by way of
reimbursement to the Committee all Costs, Charges and expenses incurred by the Committee in giving
me legal aid. I hereby also authorise the Member Secretary of the Committee to do all such acts and
things as may be necessary for recovery or realisation of the amount decreed or ordered to be paid to me
and to reimburse the same for the above mentioned purpose.
CONSENT
I agree that my case be listed before Lok Adalat in Hon'ble Supreme Court, if at any stage it is considered
by Supreme Court Legal Aid Committee that my matter can be reconciled or settled through Lok Adalat.
Date :
Office Report : (Application)
FORM II
(See Rule 16)
IN THE MATTER : SCLAC Form 6

AFFIDAVIT FOR LEGAL AID FROM SUPREME COURT LEGAL AID COMMITTEE
109, Lawyers' Chambers, Supreme Court Compound, New Delhi 110 001.
As Petitioner/Respondent
And
In the Matter of :
.................................................................................................................Petitioner(s)
Versus
.................................................................................................................Respondent(s)
Affidavit of Shri/Smt/Kum.........................................................................................
Son/Widow/Daughter of............................................................................................
Aged ........................................................ years, Resident of....................................
(1) I solemnly declare and affirm that I have applied for legal Aid from the Supreme Court Legal Aid
Committee, New Delhi, in above matter as Petitioner/Respondent vide my application
dated.........................................
(2) I solemnly declare and affirm that the contents of my above application for Legal Aid from the
Supreme Court Legal Aid Committee, New Delhi, in the above matter are correct to the best of my
knowledge.
(3) I solemnly declare and affirm that I belong to/do not belong Schedule Caste/Schedule Tribe/Vimukta
Jatis/Nomadic Tribesk (Delete whichever is not applicable).
(4) I solemnly declare and affirm that I have applied for Legal Aid from the Supreme Court Legal Aid
Committee in the above matter as Woman/Child/Indigent person (Delete whichever is not applicable).
DEPONENT
Verification
I, Shri/Smt/Kum................................................... the above named deponent, do hereby verify that the
contents of the Paras 1 to 4 are true and correct to the best of my knowledge nothing stated herein is false
and nothing has been concealed. So help mek God.
Verified on this day of.......................................199 at.....................
DEPONENT
Note :- The affidavit should be on the non-judicial stamp paper of appropriate value under the Bombay
Stamp Act, 1958 Act, 1958 and sworn before any competent authority in this regard in Maharashtra.
FORM III
(See Rule 16)
SCLAC - 32
IN THE SUPREME COURT OF INDIA (APPELLATE/ORIGINAL

JURSDICTION)
S.L.P./Appeal/W.P./T.P./(Civil)/(Criminal) No. of 199

...........................................................................................................Petitioner(s)
Versus
...........................................................................................................Respondent(s)
AFFIDAVIT OF FACTS
I,..................................................................................Son/Widow/Daughter
of .............................................................Aged...............................................................
Years, by profession........................................................................................................
Resident of.......................................................................................................................
do solemnly affirm and State as follows :
(1) I am the Petitioner/One of the petitioners/appellants/resondent in the above matter and as such
acquainted with the facts of the case.
(2) The facts stated in paras...................................................................
of the accompanying petition are true to my knowledge and the rest are true on information derived from
the papers of the case and believed to be true.
(3) That no Special Leave Petition/W.P./T.P. Has been filed in the above matter earlier by me in the
Hon'ble Supreme Court against the impugned order/Judgment Decree for similar relief.
(4) The facts stated in the accompany petition/Misc. Petition (namely stay/ condonation of
delay/Bail/application for filing proof of surrender/ exemption from filing of the impugned
order/application for substitution/other Misc. petitions with its annexures are true and correct to my
knowledge derived from Pet record of the case and my personal knowledge.
(5) That the Annexures being enclosed with the petition are true copies kof their respective originals.
DEPONENT
Verification
I, Deponent above named, do solemnly affirm and declare that the contents of the foregoing affidavit are
true to my knowledge and no part is false and nothing material has been concealed.
Verified at.....................this the........... day of ......................... 199 ............
DEPONENT
FORM IV
(See Rule 16)
SCLAC - 3
VAKALATNAMA
IN THE SUPREME COURT OF INDIA
CRIMINAL/CIVIL/APPELLATE/ORIGINAL JURSDICTION
Criminal/Civil/Special Leave Petition/Appeal/Writ
Petition No. of 199
.....................................................................................................................Appellant(s)
.....................................................................................................................Petitioner(s)
Versus
.................................................................................................................Respondent(s)
I/We............................................................................................................
the Appellant(s)/Petitioner(s)/Respondent(s) in the above Suit/Appeal/Petition/ Reference do hereby
appoint and retain...........................................................................................
Advocate, Supreme Court, on behalf of the SUPREME COURT LEGAL AID COMMITTEE to act and
appear for me/us in the above Suit/Appeal/Petition Reference and no my/our behalf to conduct and
prosecute (or defend) the same and all proceedings that may be taken in respect of any application
connected with the same or any decree or order passed therein including proceedings in taxation and
applications for REVIEW to file and obtain return of documents, and to deposit and receive money on
my/our behalf in the said Suit/Appeal/Petition/Reference and in Application for Revenue and to represent
me/us and to take all necessary steps on my/our behalf in the above matter. I/We agree to ratify all acts
done by the aforesaid Advocate in pursuance of this Authority.
Dated this the.............................day of...........................199
Appellant(s)/Petitioner(s)/Respondent(s)
Caveators(s)
Accepted -
Advocate on behalf of the Supreme Court Legal Aid Committee,

109, Lawyer's Chambers, Post Office Wing,
Supreme Court Compound, New Delhi 110 001.
APPENDIX À'
(See Rule 18)
Guidelines for finding out the Enacticiable Rights of the Convicted Prisoners
In Raghupathy versus State of Tamil Nadu decided by the Madras High Court on 2nd November 1983,
the following guidelines i.e. From (1) to (16) have been liad down in the interest of the convicted
prisoners.
(1) Life sentence means life-long imprisonment and it is a sentence for the whole of the remaining period
of the convicted persons natural life.
(2) Nevertheless, the State have powers under section 432 of the Code to remit the whole or any part of
the sentence.
(3) Over and above the powers conferred by section 432 of the Code, the Governor acting on the advice
of the Council of Ministers of the State, has got powers under Article 161 of the Constitution of India to
grant remission of sentence.
(4) Under Section 59 of the Prisons Act, the Government is empowered to make rules, which are
consistent with the Act and as per sub-section (5) of that section, the Government is empowered to make
rules for the award of marks and for shortening of sentence.
(5) In the Rules framed under the prisons Act, the Government has given the modality as to how the
Advisory Board should be constituted and how it should function and how remission are to be granted for
the good conduct of the prisoners.
(6) Generally the sentence of all prisoners, who are sentenced to imprisonment in the aggregate shall be
deemed to be sentence of imprisonment for 20 years. However, this would not mean that when a life
convict has served a sentence of 20 years imprisonment in prison, either inclusive or exclusive of
remission, he will automatically be entitled to an order of premature release.
(7) Unless the Government specifically grants remission of sentence and order release prematuraly, a life
convict cannot ask for release on the ground that he has put in 20 years of sentence in jail with or without
remissions.
(8) Before consideration of the case of a lifer, the Advisory Board has to obtain a report from the District
Magistrate and the Police Officer then make its recommendation to the Government. While making it's
recommendation, the Advisory Board may set out its reasons for recommending or not recommending
lifer's for premature release.
(9) After the Advisory Board gives its report, the papers are forwarded to the Government alongwith the
report of the inspector-General of Prisons for its decision on the matter. The Government is not bound to
accept the for its decision on the matter. The Government is not bound to accept the recommended by the
Advisory Board and, conversely, to grant premature release to a lifer whose case has not been
recommended by the Advisory Board.
(10) The orders of Government either granting or not granting remission should set out the reasons, which
has weighed with the Government in passing the order in question. Similarly, henever the Government
directs that a case should be placed for reconsideration after the lapse of more than six months viz. One
year or two years, as the case may be, the Government should give reasons why it should be put up for
consideration after the prescribed period of time.
(11) If the Government is not inclined to grant remission to a life convict, whose case is placed before it
for consideration, the Government should afford an opportunity to the affected convict to make his
representations, if any, in support of his claim for premature release.
(12) Though the Government is the exclusive authority to Grant remission, yet its orders are liable to be
challenged in a Court of law, if the Order is vitiated by the arbitrariness or discrimination or if it had been
passed on unintelligible grounds or with reference to extraneous or irreevant materials.
(13) Every person, who has been convicted by the sentencing Court before December 18, 1978, shall be
entitled to the benefits accuirng to him from the Remission Scheme or Short Sentencing Project as if
section 433-A of the Code did not stand in his way. Even in those cases, where the trial court acquits, but
the higher Court convicts and such conviction is under section 433-A of the Code came into force, it must
be held that the appellate court has exercised its power in the place of the original court and therefore, the
appellate conviction will relate back to the date of the trial court's verdict and substitute it and
consequetly, even in those cases, the convicts will be entitled to the benefit of the remission system
prevailing prior to the coming into force of section 433-A of the Code.
(14) Where the Government is not inclined to grant premature release, the Government should not only
set out its reasons, but also give opportunity to the affected prisoners to make representations, if any,
before passing final orders. Even in those cases where the Government grants premature release, the
reasons for the decision may be set out, so that the Government may not be a accused of having practised
discrimination or being influenced by extraneous factors.
(15) The Advisory Board considering the question would be bound by them, and will have to state their
reasons for their conclusions.
(16) A prisoner has a right to be heard by Government before they take a decision adverse to him. Failure
to comply with this again may give him a justiciable right.
(17) In the Supreme Court of India, Extra Ordinary Criminal Writ jurisdiction in Writ Petition (Criminal)
No. 755 of 1990 - R.N. Tewari V. The Home Secretary, State of Uttar Pradesh and others, the Supreme
Court has made the following order on 14th February 1991, namely :-
“This Writ Petition is in the nature of a Public Interest Litigation demanding premature release of life
convicts who were sentenced prior to December 18, 1978 when section 433 A was introduced in the Code
of Criminal Procedure, 1973 and those who were convicted after the cut off date i.e. December 18, 1978.
In respect of those lifers who were convicted before December 18, 1978, we direct that such of those who
have served a sentence of ten years actual imprisonment and above or 14 years of imprisonment with
remissions shall be considered for permature release within a period of six months from the date of this
order. Their names have been indicated in Annexure D & E to the Rejoinder Affidavit, but the lists may
not be taken as exhaustive.
Those lifers who have been convicted after December 18, 1978 shall be considered for release in
accordance with the provisions of the U.P. Prisoners Release on Probation Act, 1938 or under the relevant
provisions of the Jail Manual prescribing conditions for premature release, as the case may be, within a
period of nine months from this order. The above directions will stand modified in the case of lifers
whose cases were considered and rejected after 1st January, 1989 to the extent that their cases will be
reconsidered after the time stipulated for such re-consideration has expired. However, those lifers whose
cases were considered prior to 31st December, 1988 shall be governed by the above direction and their
cases will be reconsidered for premature release within the time allowed by the direction.
The above order disposes of this writ Petition. We may, however, make it clear that if the State
Government fails to comply with this direction it will be open to the petitioner to seek appropriate orders
from this Court as and when required. The Writ Petition is disposed of accordingly.”
(18) Prisoners are entitled to the concession and incentives as prescrined under the Maharashtra Prisoners
(Remission System) Rule, 1962 and the Maharashtra Prisons (Review and Remission of Sentences)
Rules, 1970.
(19) According to the Government letter, Home Department No. RTP.1767/ 60965-IV, dated the 13th
June, 1968 the prisoners undergoing vasectomy operations are paid an amount of Rs. 20 or granted 10
days special remission in lieu thereof.
(20) Under Government letter, Home Department No. MIS 5171/36780-XVI, dated the 17th June, 1972,
the following concessions are granted to the prisoners undergoing sterilisation :-
(A) Exemption from labour :- The prisoners undergoing sterilisation operations should be given rest by
exempting them from labour as indicated below :-
(a) Vasectomy Operation :- Exemption from labour for a period of seven days or more if recommended by
the medical officer.
(b) Tubectomy Operation :- Exemption from hard labour for a period of three weeks and exemption from
ordinary labour, for a period of 2 weeks or more if recommended by the medical officer.
(B) Remission in sentences :- In addition to the exemption from labour as above, the prisoners
undergoing sterilisation operations should be granted remission for a period of 15 days in their sentences
instead of 10 days as at present granted under Government letter, Home Department
No.R.T.P.1767/60965-IV, dated the 13th June, 1968.
(C) Cash Incentive :- The rates of compensations payable to the prisoner undergoing sterilisation
operations should be as prescribed in Government Resolution, Urban Development, Public Health and
Housing Department, No. COM. 1570/6055-FP Cell, dated 25th May, 1971. The compensations in cash
will be in lieu of the remissions in sentences prescribed in paragraph(b) above and it will be for the
prisoners to decide individually at their discretion as to which concessions (i.e. Whether remission in
sentence or compensation in Cash) should be availed of.
(21) Under Government letter, Home Department No. MIS. 5171/36780-XVI, dated the 2nd November
1972, special remission of 15 days granted under clause (B) of entry (19) above, to the male and female
prisoners undergoing sterilisation operation i.e. Vasectomy and tubectomy, are extended to the lifers also
who undergo sterilisation operations and in whose cases Government has decided their release after a
specified period of actual imprisonment. Thus they will be entitled to count the period of this remission
towards their actual term of imprisonment. Such prisoners will also be entitled to other concessions and
incentives as prescribed in Government letter, Home Department No. MIS 5171/36780-XVI, dated the
17th June, 1972.
APPENDIX `B'
(See Rule 19)
Guidelines for the Enforcement of the Justiciable Rights of the
convicted prisoners
In Raghupathy versus State of Tamil Nadu, decided by the Madras High Court on 2nd November, 1983,
the following guidelines have been laid down in the interest of the convicted prisoners.
(1) While remitting unexpired portion of sentences the convicted prisoners shall be given opportunities to
be heard in each processful stages.
(2) The convicted prisoners shall be advised at various stages of the process specified in rule 18.
(3) They shall be called upon for counselling under sub-rule (3) of rule 12 for presenting their cases.
(4) They shall be assisted to appear before the Advisory Board, seek and obtain copies of the
recommendations of the Advisory Board, examine the further rights, if any, when the decisions are
adverse, and represent before Government when necessary.
(5) The Duty Counsels accredited to the prison shall thoroughly acquaint themselves with the case
histories of prisoners and ascertain the necessary details of all convicted prisoners so as to be in a position
to use to the mandates in the judgments and the criteria prescribed for consideration of release to enable
them to intervene effectively when needed to secure justice to the prisoners.
APPENDIX `C'
(See Rule 20)
Guidelines in respect of precautions to be taken before moving the
Authorities for remission of sentences of convicted prisoners
In Raghupathy versus State of Tamil Nadu decided by the Madras High Court on 2nd November, 1983,
the following guidelines in respect of precautions to be taken before moving the Authorities for remission
of sentence of convicted prisoners, have been laid down.
(1) Firstly, there should be subjective assessment if necessary with the help of psychologists, to find out if
the convict has undergone a change of heart due to feelings of remorse for his action and whether he is
suited to join the mainstream of life in his village or town.
(2) Secondly, it should be found out whether his family members and other relations are prepared to take
him back in their fold and resume their ties of relationship, snapped for long during his period of
incarceration, with him. It may happen in some cases as for example in a case where the convict has
murdered his wife, that the children may not be prepared to forgive him and agree to look after him.
(3) Thirdly, it has to be ascertained how the convict will be able to earn his livelihood if he is granted
premature release because as an ex-convict, it will be very difficult for him to get employment anywhere.
Therefore unless he has got lands to cultivate or a profession to practice or is given food and shelter by
his relations, he may feel more despondent and frustrated in his state of freedom than what he felt when
he was inside prison.
(4) Fourthly, the likely reaction of the relations of the victim of the crime must also be found out to see
whether they would react violently if the convict is granted premature release. If they are militant, the
danger of those persons doing harm to the convict cannot be ruled out.
(5) Fifthly, if the murder committed by the convict was on account of a faction or on account of a
communal or caste feelings, it must be ensured that the causes of friction which led to the commission of
the offence are no longer present.
As the above factors are likely to vary for each convict, the persons championing the cause of life
convicts cannot insist upon the Government following a rule of thump in granting premature release to
life convicts.
Maharashtra State Legal services

Authority Rules, 1998
No.LAB, 1895/359 (642) XII, MANTRALAYA, MUMBAI 400 032, DATED THE 13TH JANUARY,
1998 - In exercise of the powers conferred by Sec. 28 of the Legal Services Authorities Act, 1987 (39 of
1987), and of all other powers enabling it in this behalf, the Government of Maharashtra, hereby in
consultation with the Chief Justice of Bombay High Court, makes the following rules, namely :-
1. Short Title and Commencement,.- ( 1 ) These rules may be called the Maharashtra State Legal
Services Authority Rules, 1998.
(2) They shall come into force on the 14th day of January, 1998.
2. Definitions - In these rules, unless the context otherwise requires.--

(a) “Act” means the Legal services Authorities Act, 1987 (3( to 1987);
(b) “Chief Justice” means the Chief Justice of Bombay High Court;
(c) “District Authority” means the District Legal Services Authority constituted under Sec. 9 of the Act,
and includes the District Brihan Mumbai Legal Services Authority and District Brihan Mumbai Suburban
Legal Services Authority :
(d) “Government” means the Government of Maharashtra;
(e) “High Court Legal Services Committee” means the High Court Legal services Committee constituted
for the principal seat of the Bombay High Court at Mumbai and its Benches at present functioning at
Nagpur and Aurangabad and Benches that may be formed at any other place within the State of
Maharashtra;
(f) “Schedule” means Schedule appended to these rules;
(g) “All other terms and expressions used under these rules but not defined shall have the meanings
respectively assigned to them in the Act.
3. Number, Experience and Qualifications of Other Members of the State Authority Under C1. (ac)
OF SUB-SECTION (2) OF SEC. 6. - (1) Apart from the Chief Justice and the Executive Chairman, the
following shall be ex-officio members of the State Authority :-
(i) The Minister for Law and Judiciary;
(ii) The Advocate-General of Maharashtra;
(iii) The Chief Secretary to Government;
(iv) The Secretary to Government in the Law and Judiciary Department;
(v) The Secretary to Government in the Finance Department;
(vi) The Director-General of Police, Maharashtra State;
(vii) Member-Secretary of the State Authority appointed under sub-section (3) of Sec. 6 of the Act;
Provided that, the officer presently functioning as the Secretary of the Maharashtra State Legal Aid and
Advice Board shall be the Member-Secretary of the State Authority for a period of not exceeding five
years as provided under the proviso to sub-section (3) of Sec. 6 of the Act.
(2) The Government may nominate, in consultation with the Chief Justice, other members not exceeding
ten in number of whom atleast half shall be women, possessing the experience and qualifications
prescribed in sub-rule (3) of this rule.
(3) A person shall not be qualified for nomination as member of the State Authority unless in the opinion
of Government he is--
(a) an eminent Social Worker who is engaged in upliftment of the weaker sections of the society including
Scheduled Castes, Scheduled Tribes, women, children, rural and urban labour; or
(b) an eminent, person in the filed of law; or
(c) a person of repute who is specially interested in the implementation of the Legal Services Schemes.
4. Powers And Functions of The Member-Secretary of The State Authority under Sub-section (3) of
Sec. 6-- Subject to the general supervision of the State Authority and the executive Chairman, the powers
and functions of the Member- Secretary of the State Authority, shall be as follows, namely :-
(a) `to arrange for free legal services to the eligible and weaker sections;
(b) to work out modalities of the Legal Services Schemes and programmes approved by the State
Authority and ensure their effective monitoring and implementation;
(c) to exercise the powers in respect of Administration, House-keeping, Finance and Budget matters as
Head of Department in the State Government;
(d) to manage the properties, records and funds of the State Authority;
(e) to arrange for maintenance of true and proper accounts of the State Authority including checking and
auditing in respect thereof periodically;
(f) to prepare Annual Income and Expenditure Account and Balance Sheet of the State Authority;
(g) to liasion with the Social Action Groups and District and Taluka Legal Services Authorities;
(h) to maintain up-to-date and complete statistical information including progress made in the
implementation of various Legal Services Programmes from time to time;
(i) to process proposals for financial assistance and issue utilization Certificates thereof;
(j) to organize various Legal Services Programmes as approved by the State Authority and convene
meetings, seminars and workshops connected with Legal Services Programmes and preparation of
Reports and follow-up action thereon;
(k) to arrange for production of video or documentary films, publicity material, literature and publications
to inform general public about the various aspects of the Legal Services Programmes;
(l)to lay stress on the resolution of rural disputes and to take extra measures to draw schemes for effective
and meaningful legal services for setting rural disputes at the door-steps of the rural people;
(m) to perform such of the functions as are assigned to him under the Schemes formulated under C1. (b)
of Sec. 4 of the Act; and
(n) to perform such other functions as may be expedient for efficient functioning of the State Authority.
5. Terms of Office and Other Conditions Relating Thereto, of Members and Member-Secretary of
The State Authority Under Sub-Section (4) Of Sec. 6.-- (1) The terms of office of the members of the
State Authority nominated under sub-rule (2) of rule 3 by the Government shall ordinarily be for a period
of three years and they shall be eligible for renomination. A member whose terms has expired, shall,
however, continue in office till new member is appointed in his place.
(2) A member of the State Authority nominated under sub-rule (2) of rule 3 may resign by letter addressed
to the Chief Justice. He may also be removed by the Government if in its opinion he is not taking
sufficient interest in the activities of the State Authority.
(3) If any member nominated under sub-rule (2) of rule 3 ceases to be a member of the State Authority for
any reason, the vacancy shall be filled up in the same manner as the original nomination and the person so
nominated shall continue to be a member for the remaining term of the member in whose place he is
nominated.
(4) If a member is a sitting or retired Judge of the Supreme Court or the High Court he will be entitled to
travelling allowance and daily allowance according to the rules applicable to the sitting Judges of the
Court concerned. The members who are other functionaries such as sitting members of Legislative
Assembly and Government servants shall be entitled to the travelling allowance and daily allowance
according to the rules applicable to them.
(5) If the nominated member is a Government employee, he shall be entitled to only one set of travelling
and daily allowance, either from his parent Department or as the case may be from the State Authority.
(6) In all matters like age of retirement, pay and allowances, benefits and entitlement, and disciplinary
matters, the Member secretary shall be governed by the Government Rules applicable to him.
6. Number of Officers and Other Employees to The State Authority under Sub-section (5) of Sec.
6.-- The State Authority shall have such number of officers and other employees as specified in the
Schedule.
7. Conditions of Service and The Salary And Allowances of Officers And Other Employees of The
State Authority under Sub-section (6) of Sec. 6 : (1) The officers and other employees of he State
Authority shall be entitled to draw pay and allowances in the scale of pay at par with the Government
officers and employee holding equivalent posts.
(2) In all matters like age of retirement, pay and allowances, benefit and entitlements and disciplinary
matters, the officers and other employees of the State Authority shall be governed by the Government
Rules as are applicable to persons holding equivalent posts.
(3) The officers and other employees of the State Authority shall be entitled to such other facilities,
allowances and benefits as may be notified by the Government from time to time.
8. Experience And Qualifications of Secretary of The High Court Legal Services Committee Under
Sub-Section (3) of Sec. 8-A.-- (1) A person shall not be qualified for appointment as Secretary of the
High Court Legal Services Committee unless he is an officer of the High Court not below the rank of an
Additional Registrar.
(2) The State Authority shall as provided under sub-section (1) of Sec. 8-A of the Act, appoint separate
High Court Legal Services Committee for each of its Benches already functioning at Mumbai, Nagpur
and Aurangabad and for other Benches that may be established at any other places within the limits of
Maharashtra State.
9. Number of Officers And Other Employees of The High Court Legal Services Committee And The
Condition of Service and The Salary And Allowance Payable to Them Under Sub-section (5) And
(6) of Sec. 8-A.-- (1) Each High Court Legal Services Committee shall have such number of officers and
other employees as specified in the Schedule.
(2) The officers and other employees of a High Court Legal Services Committee shall be entitled to draw
pay and allowances in the scale at par with the Government employees holding equivalent posts.
(3) In all matters like age of retirement, pay and allowances, benefits and entitlements and disciplinary
matters, the officers and other employees of a High Court Legal services Committee shall be governed by
the Government Rules as are applicable to persons holding equivalent posts.
(4) The officers and other employees of a High Court Legal Services Committee shall be entitled to such
other facilities, allowances and benefits as may be notified by the Government from time to time.
(5) For a period of one year from the date, Chapter III of the Act is brought into force in the State of
Maharashtra, it shall be lawful for the Government to provide each High Court Legal services Committee
with the additional strength of staff as indicate in the Schedule.
10. Number, Experience and Qualifications of Members of The District Authority, Under C1 (B) of
sub-Section (2) of Sec. 9.-- (1) In all districts except District Brihan Mumbai and District Brihan Mumbai
Suburban the following shall be ex officio members of the District Authority, apart from the District
Judge namely :--
(i) Collector;
(ii) Commissioner of Police (if appointed in any district)
(iii) Superintendent of Police;
(iv) Chief Judicial Magistrate;
(v) District : Government Pleader.;
(vi) Member Secretary.
(2) The Government may nominate in consultation with the chief Justice other members not exceeding six
in number of whom at least half are women possessing qualifications and experience prescribed in sub-
rule (3) of this rule.
(3) A person shall not be qualified for nomination as a member of the District Authority unless he is.--
(a) an eminent Social Worker who is engaged in the upliftment of the weaker sections of the society,
including Scheduled Castes, Scheduled Tribes, women, children and urban or rural labour; or
(b) an eminent person in the filed of law; or
(c) a person of repute who is specially interested in implementation of the Legal Services Schemes.
(4) The Government shall, in consultation with the Chief Justice, constitute the District Brihan Mumbai
Legal Services Authority; and District Brihan Mumbai Suburban Legal Services Authority, consisting of
the following, ex-officio members, namely :-
(A) The District Brihan Mumbai Legal Services Authority -
(i) Principal Judge, City Civil Court;
(ii) Collector of Mumbai City;
(iii) Commissioner of Police, Brihan Mumbai;
(iv) Government Pleader, City Civil Court, Mumbai;
(v) Chief Metropolitan Magistrate, Mumbai.
(B) The District Brihan Mumbai Suburban Legal Services Authority --

(i) Principal Judge, Family Court, Mumbai;
(ii) Collector of Mumbai Suburban;
(iii) Commissioner of Police, Brihan Mumbai;
(iv) Additiona;/Assistant Government Pleader, City Civil Court, Mumbai;
(v) Chief Judge, Small Causes Court, Mumbai.
(5) The Government may nominate in consultation with the Chief Justice other members not exceeding
six in number of whom at least half shall be women, on the above Authorities, possessing the
qualifications and experience prescribed in sub-rule (3) of this rule.
(6) Every High Court Legal Services Committee shall have power of general supervision over the District
Authorities falling within their respective territorial jurisdiction.
11. Number Of Officers and Other Employees of District Authority' under Sub-section (5) Of Sec.
9.-- Subject to the proviso of sub-rule (4) of rule 12 of these rules the District Authority shall have such
number of officers and other employees as specified in the Schedule.
12. Conditions Of Service and Salary and Allowances of Officers and Other Employees of The
District Authority under Sub-section (6) of Sec. 9.-- (1) The officers and other employees of the
District Authority shall be entitled to draw pay and allowances at par with the State Government
employees holding equivalent posts.
(2) In all matters like age of retirement, pay and allowances, benefits and entitlement and disciplinary
matters, the officers and other employees of the District Authority shall be governed by the State
Government Rules as are applicable to persons holding equivalent posts.
(3) The officers and other employees of the District Authority shall be entitled to such other facilities,
allowances and benefits as may be notified by the Government from time to time.
(4) The staff namely, clerks, peons, Safaikamgars and watchmen presently functioning on the District
Committees and the Greater Bombay Legal Aid and Advice Committee shall be absorbed on the District
Authority on the posts of clerk-cum-typists, peons, Safaikamgars and watchmen respectively on the
condition that they would qualify for the said posts after absorption wherever required.
13. Number, Experience And Qualification of Members of The Taluka Legal Services Committee
under C1. (b) of Sub-section (2) of Sec. 11-A.-- (1) Apart from the Chairperson appointed under C1. (a)
of Sub-section (2) of sec. 11-A of the Act, the following shall be ex-officio members of Taluka Legal
Services Committee, namely :-
(i) Sub-Divisional Police Officer;
(ii) One of the Law Officers posted at the Taluka Headquarters, if any;
(iii) Block Development Officer.
(2) The State Government may nominate in consultation with the Chief Justice other members not
exceeding four in number of whom at least half shall be women, possessing the qualifications and
experience prescribed in sub-rule (3) of this rule.
(3) A person shall not be qualified for nomination as a member of the Taluka Legal services Committee
unless he is.--
(a) an eminent Social Worker who is engaged in the upliftment of the weaker sections of the society
including Scheduled Castes, Scheduled Tribes, women, children and rural labour; or
(b) an eminent person in the filed of Law; or
(c) a person of repute who is specially interested in the implementation of the Legal Services Scheme.
(4) The Chairman of the Taluka Legal Services Committee may appoint either the Law Officer or the
Block Development Officer as Secretary of the Committee.
14. Number of Officers And other Employees of The Taluka Legal Services Committee under Sub-
section (3) of Sec. 11-A.-- The Taluka Legal Services Committee shall have such number of officers and
other employees as specified in the Schedule.
15. Conditions of Service and The Salary and Allowances of Officers And Other Employees of The
Taluka Legal services Committee under Sub-Section (4) of Sec. 11-A.-- (1) The officers and other
employees of the Taluka Legal services Committee shall be entitled to draw pay and allowances at par
with the State Government employees holding equivalent posts.
(2) In all matters like age of retirement, pay and allowances, benefits, entitlements and disciplinary
matters, the officers and other employees of the Taluka Legal Services Committee shall be governed, by
the State Government Rules as are applicable to persons holding equivalent posts.
(3) The Officers and other employees of the Taluka Legal Services committee shall be entitled to such
other facilities, allowances and benefits as may be notified by the State Government from time to time.
16. Upper Limit of Annual Income of Person for Availing Legal Services under C1. (H) of Sec. 12.--
Any citizen of India whose case is before a Court, other than the Supreme Court, and whose annual
income from all sources does not exceed Rs. 20,000 (Rupees Twenty Thousand) shall be entitled to legal
services under C1. (h) of Sec. 12 of the Act.
17. Experience and Qualifications of the other Persons of Lok Adalats other than referred to In
Sub-section (4) of Sec. 19.-- A person shall not be qualified to be included in the Bench of Lok Adalat
unless he is.--
(a) an eminent social worker who is engaged in the upliftment of the weaker sections of the people,
including Scheduled Castes, Scheduled Tribes, women, children, rural and urban labour; or
(b) a lawyer of standing repute; or
(c) a person of repute who is specially interested in the implementation of the Legal Services Schemes
and Programmes.
18. Saving.-- The provisions of the Maharashtra Legal Aid and Advice Scheme, 1979, the Maharashtra
State Legal Aid and Advice Board Rules, 1981 and the Maharashtra State Legal Aid and Advice Board
Regulations, 1981 on any matter such as honoraria to be paid to the Pleaders, registers and other record to
be maintained etc. which are not inconsistent with any provisions of the Act or these Rules or Regulations
that may be framed under Sec. 29-A by the State Authority shall remain in force mutatis mutandis until
different provision is made under the Act, these Rules and Regulations as the case may be.
Maharashtra State Legal Services Authority
State Legal Services Authority
SCHEDULE
{ Please refere to rules 6,7,9 (1) and (2), 11, 12 (1) 14 and 15 (1)}
Sr.No. Nomenclature of the posts Pay Scale No. of Posts Job description
1 2 3 required 5
4
1 Deputy Secretary 3,700-125-4,700- 2 (i) Administration of

150-5,000 + Spl pay State, District and
Rs. 500 (Legal Side) Taluka Authorities
(One Deputy
Secretary).
(ii) Budget and grant
distribution etc.
2 Under Secretary 3,000-100-3,500- 2 (i) Administration of

1 2 3 required 5
4
125-4,500 (Non State, District and

Legal) Taluka Authorities
(Non0Legal Side).
(ii) Budget and
Grant Distribution
etc.
3 Section Officer 2,000-60-2,300-E.B.- 2 (i) Administration of

75-3,200-100-3,500 State, District and
Tulaka Authorities.
(ii) Budget and
Grant Distribution
etc.
4 Superintendent (Legal) 2,375-75-3-200-E.B.- 1 Application and

100-3,500 other legal Affairs
5 Assistant (Legal) 1,640-60-2,600-E.B.- 6 One (Legal Five

75-2,900 (Nov-Legal)
6 Cash Accountant 1,640-60-2,600-E.B.- 1

75-2,900 + Spl.Pay
Rs.100
7 Cashier 950-20-1,150-E.B.- 1
25-1,500-with Spl.
Pay for handling
Cash
8 Bill Accountant 950-20-1,150-E.B.- 6

25-1,500 + Spl. Pay
Rs. 60
9 Clerk-cum-Typist 950-20-1,150-E.B.- 8
25-1,500
10 Stenographer (Higher Grade) 2,000-60-2,300-E.B.- 2

(English ) 75-3,200

(Marathi) 75-3,200
12 Stenographer (Lower Grade) 1,640-60-2,600-E.B.- 1

( English) 75-2,900
13 Stenographer (Lower Grade) 1,640-60-2,600-E.B.- 2

(Marathi) 75-2,900
14 Peon 750-12-870-E.B.-14- 7
940
1 2 3 required 5
4
15 Roneo Operator 775-12-955-E.B.-15- 1

1,030-20-1,150 + Rs.
30 Spl. Pay
16 Xerox Operator 775-12-955-E.B.-15- 1

1,030-20-1,150 + Rs.
30 Spl. Pay
17 Driver 950-20=-1,150-E.B.- 2
25-1,500
(1) District Brihan Mumbai Legal Services Authority

(2) District Brihan Mumbai Suburban Legal Services Authority
SCHEDULE
{Please refer to rules 6,7,9 (1) and (2), 11,12 (1) 14 and 15 (1)}
1 2 3 required 5
4
1 Superintendent 1,640-60-2,600- 2 Administrative matter

E.B.-75-2,900
2 Stenographer (Lower 1,640-60-2,600- 4

Grade) (English and E.B.-75-2,900
Marathi)
3 Assistant 1,200-30-1,560- 4
E.B.-40-2,040
4 Cashier 950-20-1,150-E.B.- 2
25-1,500 + Spl. Pay
25-1,500
1 2 3 required 5
4
6 Peon 750-12-870-E.B.- 4
14-940
7 Watchman 750-12-870-E.B.- 2
14-940
8 Driver 950-20-1,150-E.B.- 2
25-1,500
High Court Legal Services Authority
Schedule
[Please refer to rules 6,7,9 (1) and (2), 11,12 (1), 14 and 15(1)]
1 2 3 required 5
4
1 Stenographer (Higher Grade) 2,000-60-2,300-E.B.- 3 Under rule 9(1) the

(English) 75-3,200 High Court Legal
Services Authority
Shall be at the
Bombay High Court
at Mumbai as well
as at Nagpur and
Aurangabad
Benches.

(Marathi) 75-3,200
3 Establishment Officer 2,000-60-2,300-E.B.- 3

75-3,500
4 Assistant 1,640-6—2,600- 3
E.B.-75-2,900
25-1,500
6 Peon 750-12-870-E.B.-14- 7
940
7 Driver 950-20-1,150-E.B.- 4
25-1,500
District Legal Services Authority
Schedule
[Please refer to rules 6,7,9(1) and (2) 11,12,(1), 14 and 15 (1)]
1 2 3 required 5
4
1 Superintendent 1,640-60-2,600- 29 There shall be One

E.B.-75-2,900 Superintendent, Two
Assistant, Two Clerk-cum-
Typist and Three peons at
District Place.
2 Assistant 1,200-30-1,560- 58
E.B.-40-2,040
25-1,500
4 Peon 750-12-870-E.B.- 87
14-940
Taluka Legal Services Authority
1 Assistant 1,200-30-1,560- 322

E.B.-40-2,040

25-1,500
3 Peon 750-12-870-E.B.- 322

14-940
MAHARASHTRA STATE LEGAL SERVICES

AUTHORITY REGULATIONS, 1998
No. LAB. 1895/359 (642)-XXII, DATED 30TH MARCH, 1998 – In exercise of the powers conferred
under the provisions of Sec.29=-A of the Legal Services Authorities Act, 1987 and in consultation with
the Hon'ble The Chief Justice of Bombay High Court, the Stater Government hereby makes the following
Regulations.
Chapter I
Preliminary
1. Short Title and Commencement - (1) These regulations may be called Maharashtra State Legal
Services Authority Regulations, 1998.
(2) They shall come into force on the 30th day of March, 1998.
2. Definitions - (1) In these regulations, unless the context otherwise requires :-
(a) “ Act” means, the Legal Services Authorities Act, 1987 [No.39 of 1987];
(b) “Chairman” means the Executive Chairman of the State Authority, or as the case may be, the
Chairman of the High Court Legal Services Committee or the Chairman of the Sub-Committee, as the
case may be, the Chairman of the District Legal Services Authority, or the Chairman of Taluka
committee;
(c) “District Authority” means the District Legal Services Authority constituted under Sec.9 of the Legal
Services Authorities Act;
(d) “High Court Committee” means the Bombay High Court Legal Services Committee at Mumbai and
Sub-Committees at its benches at present functioning at Nagpur and Aurangabad and its benches that may
be formed at any other place within the State of Maharashtra;
(e) “Legal Practitioner” shall have the meaning assigned to that expression in the Advocates Act, 1961;
(f) “Member” means a member of the State Authority, the High Court Committee, the Sub-Committee,
the District Authority or the Taluka Committee as the case may be;
(g) “Nominated Member” means a member nominated to the State Authority, the High Court Committee,
the Sub-Committee, the District Authority or the Taluka committee as the case may be;
(h) “Patron-in Chief” means the Patron-in-Chief of the State Legal Services Authority i.e. The Chief
Justice or the Acting Chief Justice of the High Court of Bombay, as the case may be;
(i) “Rules” means the Maharashtra State Legal Services Authority Rules, 1998;
(j) “State Authority” means the Maharashtra State Legal Services Authority;
(k) “Taluka Committee” means the Taluka Legal Services Committee constituted under Sec.11-A of the
Legal Services Authorities Act;
(2) All other words and expression used in these Regulations but not defined shall have the meaning
respectively assigned to them in the Act and the Rules framed thereunder.
Chapter II
Executive Authority
3. Meeting of the Executive Authority - (1) The executive authority of the State Authority shall vest in
the Executive Chairman and may be exercised by the Member-Secretary whop shall act under the control
of the Executive Chairman.
(2) The Executive authority of the District Authority shall vest in its Chairman and it may be exercised by
its Secretary who shall act under the control of the Chairman.
(3) The executive authority of the Taluka Committee shall vest in its Chairman and may be exercised
either by himself or through such other officer who is chosen for the purpose.
Chapter III
State Authority
4. Function of the State Authority under Sec. 7 (1) and 7(2) of the Act - In addition to the functions to
be performed by the State Authority as laid down by Sec.7(1) and 7(2) of the Act, the State Authority may
also perform the following additional functions :-
(i) The State Authority may conduct legal literacy camps in different parts of the State to bring awareness
about the legal aid schemes conducted in the State and with a view to make them aware of their legal
rights and duties with special reference to the tribal and rural population., women, children, disabled,
handicapped and the weaker sections of the society.
(ii) The State Authority may conduct legal aid clinics in different parts of the State in collaboration with
Law Colleges, Universities and other social service organizations.
(iii) The State Authority may also establish or direct the District Authority to establish standing
conciliation Committees at various centers in the State with a view to providing permanent or quasi-
permanent infrastructures for resolving legal disputes between the parties, whether they may be pending
in Courts or may be in the offing. For conducting such committees it will be open to the State Authority to
take active assistance/support of such social service organizations that have zeal for legal aid work.
(iv) The State Authority may review the cases where legal services are refused by the District Authority
on application and the decision of the State Authority shall be final.
Chapter IV
High Court Legal Services Committee
Constitution of the High Court Legal Services Committee at Mumbai and its Sub-Committees at its
benches; Their Powers and Functions
5. Duties and Functions of the High Court Legal Services Committee as per Sec. 8-A (I) of the Act -
The High court Legal Services Committee and the Sub-Committees shall perform all or any of the
following functions, namely :-
(i) To give free legal service to persons who may have to file or defend litigations pending in the High
Court and who satisfy the eligibility criteria laid down for the purpose of receiving free legal aid under
the Act.
(ii) To organise Lok Adalats for settlement of cases pending in the High Court under the supervision of
the State Authority.
6. Constitution of the High Court Legal Services Committee at Mumbai and its Sub-Committees at
Nagpur and Aurangabad, Their Powers and Functions as per Sec. 8-A of the Act. - The State
Authority shall constitute a High Court Committee and its sub-committees, consisting of a sitting Judge
of the high Court who shall be nominated by Patron-in-Chief as Chairman and the following other
members also to be nominated by Patron-in-Chief :-
(i) The Presidents of Bombay Bar Association, Advocates Association of Western India, Incorporated Law
Society at Mumbai, Presidents of High Court Bar Association, Nagpur, Vidharbha Labour Practitioners'
Association, Nagpur, and President of High Court Bar Association, Aurangabad.
(ii) One Member out of Bar Association of Bombay and one member of the Sub-Committee from bar
Association of Nagpur and Aurangabad respectively, having at least 10 years of standing at the Bar.
(iii) An eminent Social worker engaged in Welfare of the weaker sections of the Society including
Scheduled Caste, Scheduled Tribe or Members of other Backward Classes.
(iv) An eminent person in the field of Law.

(v) A person of repute and standing who is specifically interested in teh implementation of the Legal
Services Schemes.
7. Term of Office of the Members and Secretary of the High Court Legal Services Committee and
its Sub-Committees - (1) The term of office of the Secretary and the Members of the High Court
Committee and its Sub-Committees shall be of one year.
(ii) All the Members of the Committees except the Secretary shall function in the honorary capacity.
(iii) If any member including the Chairman ceases to be the member of the High Court Committee and/or
the Sub-Committees for any reason, the vacancy shall be filled up in the same manner as the original
nomination and the person so nominated shall continue to be the member or the Chairman, as the case
may be, for the remaining term of the member or the Chairman in whose place he is nominated.
(iv) A member of the High Court Legal Services Committee and /or its sub-committees may resign his
office by writing under his hand addressed to the Patron-in Chief and forwarded by the Chairman of the
High Court committee and its Sub-Committees. The resignation shall take effect from the date on which it
is accepted.
Chapter V
District Authority
8. The Conditions relating to the terms of office of the Members and the Secretary of the
Committee, under Sec. 9(4) of the Act. - The term of office of the Members of the District Authority :-
(i) The term of office of the Members and the Secretary of the District Authority shall be for a period of
one year.
(ii) If any member of the District Authority ceases to be the member for any reason, the vacancy shall be
filled up in the same manner as the original nomination and the person so nominated shall continue to be
the member for the remaining term of the member, in whose place he is nominated.
(iii) A member of the district Authority may resign his office by writing under his hand addressed to the
State Authority through the Executive Chairman of the State Authority and forwarded through the
Chairman of the District Authority. The resignation shall take effect from the date on which it is accepted.
9. Additional Functions of the District Authority - In addition to the functions assigned by the
provisions of the Act and the Rules, the District Authority shall perform the following functions subject to
general superintendence and control of the State Authority.
(i) To perform such other functions as the State Authority may fix by Regulations from time to time and
shall also be guided by such directions as Central Authority or the State Authority, may give, in writing
from time to time.
(ii) To conduct legal literacy camps in different areas of the District especially in rural and tribal areas,
with a view to bring awareness about the legal aid schemes, conducted in the State and also with a view to
make them aware of their legal rights and duties with special reference to tribal and rural population
and /or women /or children/or disabled/ or handicapped and the weaker sections of the society;
(iii) To conduct legal aid clinics in different parts of the District in collaboration with Law Colleges,
Universities and other social services organizations;
(iv) To direct, supervise and guide the working of the Taluka committees in the District.
(v) To call for from the Taluka Committees in the District such periodical reports, returns and other
information as it may think fit or as are required by the State Authority;
(vi) To prepare, consolidate and submit such reports, returns and such information, in respect of District
Authorities, as the State Authority may call for;
(vii) To receive applications for Legal Services and ensure that every application is promptly processed
and disposed of;
(viii) To consider the cases brought before it for legal service, including pre-litigation matters and decide
as to what extent legal services can be made available to the applicant.
(ix) To pursue the parties to appear and make efforts t bring about a just settlement between them and if
necessary also refuse the legal services, if in its opinion the conciliation has failed due to any fault on the
part of the applicant.
(x) To encourage and promote conciliation and settlement in all legal proceedings including pre-
litigations;
(xi) To take proceedings for recovery of costs awarded to a person to whom legal services where
rendered.
(xii) To review the cases on application where legal services are refused by the Taluka committees.
10. Decisions by resolutions - all decisions of the State Authority High Court Committee and its Sub-
Committees, District Authority, or the Taluka Committee shall be by way of resolution passed in the
meeting and in the event of an equal division of votes, the decision of the Executive Chairman or the
Chairman of the Different other bodies as the case may be, shall be final:
Provided that in such matter as may be directed by the Executive Chairman or the Chairman of the
different other bodies,. As the case may be, the decision of the State Authority or of the High Court
Committee, the District Authority or the Taluka Committee may be taken by circulation/resolution.
11. (a) Members other than Ex Officio are entitled to travelling allowance and daily allowance for
attending the meetings which shall not be less than payable to Class I Gazetted Officer.
(b) An account shall be opened in any of the nationalized banks by the State Authority and District
Authority respectively as “State Legal Aid Fund” and “District Legal Aid Fund” respectively.
(c) “State Legal Aid Fund” account shall be operated jointly by Secretary of State Authority and the
Secretary and Remembrancer of Legal Affairs to the Government in Law and Judiciary Department under
the supervision of Patron-in-Chief.
(d) District Legal Aid Fund account shall be operated jointly by Chairman and Secretary of the District
Authority, under the supervision of the State Authority.
Chapter VI
12. Taluka Legal Services Committee, term of office and other conditions relating thereto of
Members of the Taluka Committee.-- (1) The term of office of the Members of the Taluka Committee
shall be for a period of one year.
(2) If any member of the said Committee ceases to be such member for any reason, the vacancy shall be
filled up in the same manner as the original nomination and the person so nominated shall continue to be
the member for the remaining term of the member in whose place he is nominated.
(3) A member of the said Committee may, resign his office by writing under his hand addressed to the
Executive Chairman of the State Authority and forwarded through the Chairman of the District Authority
under the intimation to the Chairman of the Taluka Committee. Such resignation shall take effect from the
date on which it is accepted by the Executive Chairman of the State Authority.
Chapter VII
Conduct of Business
13. Meetings – The Secretary of the State Authority with the prior approval of the Executive Chairman of
the State Authority shall arrange a meeting of the Authority once in a three months and as and when the
business may warrant.
The Secretary of the High Court Committee and its Sub-Committees with prior approval of its Chairman,
the Secretary of the District authority, and the Chairman of the Taluka Committee, as the case may be,
shall hold meetings of the respective bodies at least once in a month and as frequently as the business may
be.
In the absence of the Executive Chairman of the State Authority or of the Chairman of the High Court
Committee and the Sub-Committees, the District Authority or the Taluka Committee, as the case may be,
one of the member nominated by all the other Members present at the meeting shall preside over the
meeting of the respective bodies.
14. Minute of the Meeting – The minutes of the proceedings of every meeting shall be prepared by the
Secretary.
Chapter VIII
15. Filing of application for Legal Services – A person seeking legal service from the igh Court Legal
Services Committee or its Sub-Committees. District Authority or the Taluka Committee, as the case may
be, shall send an application containing brief facts of the case to it.
16. Scrutiny of Applications – The applications shall be scrutinized and disposed of by the Secretary of
the the High Court Committee or its Sub-Committees or by the Secretary of District Authority or by the
Chairman of the Taluka Committee, as the case may be, giving such directions and legal services as are
thought necessary :
Provided that all orders passed by the Secretary of the High Court Committee or its Sub-Committees or
the District authority rejecting legal services shall be passed after obtaining order of the respective
Chairman :
Provided further that all orders of the grant of legal services by the Secretary of the High Court
Committee or its Sub-Committees or the District Authority shall be subject to control and modifications
by the Chairman of the respective bodies.
17. Duty of Legal Practitioners and Further Action after the decision of a case by the Court. -- The
legal practitioners condiucting a case on behalf of a person receiving the legal services shall, as soon as
the case is decided, apply for a copy of judgment and decree if any and immediately on receipt of the
copies shall submit them to the body appointing him, together with his detailed comments. The Taluka
Committee, the District Authority or the High Court Committee or its Sub-Committees as the case may
be, shall take steps to recover the expenses of the legal services rendered from out of the costs, if any
awarded by the Court to the person concerned and received by him, such bodies may also consider,
wherever necessary, the feasibility of filing an appeal, revision or a writ petition if -
(i) the case has been decided against the person; or

(ii) the case is prima facie fit for taking such remedies; or
(iii) the aided person has applied for legal services for taking recourse to such remedies :
Provided that it will not be necessary to make a fresh enquiry as to eligibility under Sec. 12 (h) of the Act,
wherever applicable, unless the Taluka Committee, the District Authority or the High Court Committee or
its Sub-Committees, as the case may be, is of the opinion that a changed of circumstances has taken place
since the grant of legal services.
CHAPTER V
PLEADINGS
Rules applicable to all pleadings
78. Rules as to pleadings are set out in Order VI. Attention is invited to rules 2, 6, 10, 11, 12, 13 and 14-A
of Order VI. The Courts should take particular care to see that they are strictly complied with. The
provisions have been summarised as follows :-
(1) The whole case must be stated in the pleadings. That is to say, all material facts must be stated. (Order
VI, rule 2).
(2) No matter of law is to be stated.
(3) Only material facts are to be stated. The evidence by which they are to be proved is not to be stated.
( Order VI, rules 2, 10, 11, 12)
(4) Immaterial and unnecessary facts are not to be stated.
(5) The facts are to be stated concisely.
(6) It is not necessary to allege the performance of any condition precedent ; an averment of performance
is now implied in every pleading. (Order VI, rule 6).
(7) It is not necessary to set out the whole or any part of a document, unless the precise words thereof are
necessary. it is sufficient to state the effect of the document as briefly as possible. (Order VI, rule 9).
(8) It is not necessary to allege a matter of fact which the law presumes, or as to which the burden of
proof lies on the other side. (Order VI, rule 13).
(9) Every pleading, when filed in the Court, shall be accompanied by a statement in the prescribed form,
regarding the address of the party, which is to be called as "Registered address" of the party (please refer
to Bombay amendment to Rule 5 of Order VI of Code of Civil Procedure, 1908 under rule 122), (Rule 14-
A. Order VI).
(10) It is necessary that the plaint, written statement or pleading, as the case may be should be signed and
verified in suits by or against the Central Government, by the persons who are acquainted with the facts
of the case and appointed by the Central Government as Officers specified in the Schedule (reproduced at
the end of Chapter II) annexed to Government Notification No. SRO 351, dated the 25th January 1958, as
amended upto 20th September 1969.
Amendments
79. (1) Through it is no part of the duty of the courts to make pleadings for the parties, they should bear in
mind that the scheme of the Code is that the pleadings of the parties must contain full and accurate
statements of the claims and assertions of each party. Therefore, where a Court, after perusing the
pleadings, the statements of the parties or their lawyers, the documents, admissions as to facts and
documents, answers to interrogatories, and information obtained from examination of the parties under
Order X, finds that the pleadings do not represent the real assertions and contentions of the parties, it
should give an opportunity to the parties concerned to apply for amendment of pleadings.
(2) All applications for amendments of pleadings under rule 17, order VI of the Code and Civil Procedure,
1908, shall be signed and verified, as required under rules 14 and 15 of Order Vi of the Code of Civil
Procedure, 1908.
(3) The law as to such amendments is contained in section 153 and Order VI, rules 16 and 17. Attention is
specially drawn to the provision that " all such amendments shall be made as may be necessary of the
purpose of determining the real questions in controversy between the parties." It should be noted that
under the provisions of Order VI, rule 17 and 18, pleading should be altered or amended by the party or
his lawyer. Any amendment made in a plaint, at any time after it is registered, should be signed or
initialled by the Judge.
(4) If a plaint is amended, a corresponding amendment should be made in the Register of Suits and
initialled by the responsible Officer of the Court.
80. Form No. 5 in Schedule I, Appendix B, may be used for giving notice to a person whom it is proposed
to add as a co-plaintiff.
81. Attention of the Civil Judges is invited to rule 16 of Order VI of the Code of Civil Procedure, 1908, as
amended by Act 104 of 1976, according to which the Courts are empowered to strike out or amend any
matter in any pleading at any stage of the proceedings provided where such matter is found to be -
(a) unnecessary, scandalous, frivolous or vexatious ; or
(b) which may tend to prejudice, embarrass or delay the fair trial of the suit ; or
(c) which is otherwise an abuse of the process of the Court.
CHAPTER VI
PRE-TRIAL STAGE
Matters preliminary to the settlement of issues
82. After the written statement is filed, the Court shall fix a date for (i) the reception of documents other
than those in the possession or power of parties and (ii) the applications for interrogatories, discovery of
documents and inspection thereof. Such applications and also applications for permission to produce
documents should not be entertained thereafter unless good cause is shown to the satisfaction of the
Court.
83. The examination of parties under Order X, rule 2, is intended to assist the Court in settling the issues
and not for modifying the pleadings. The object of examination under this rule is to clear up the points in
dispute and ascertain fully and accurately the matters on which the parties are to go to trial. Thus, where
the allegations of facts made in the plaint or in a written statement are not admitted or denied in the
pleadings, either expressly or by clear implication, the Judge should, at the first hearing, proceed to
question the party or the lawyer and record categorically the admissions or denials of these allegations. In
this connection, the Judge should bear in mind the provisions of rule 3, sub-rule (2) of Order V which
enables him to require the personal attendance of the plaintiff on the date on which the defendant is
required to appear and of rule 4 of Order X which enables him to require the attendance of parties at a
later stage. Form No. 1 page 94, Vol. II is the form of notice requiring personal attendance.
84. Other means by which the Court may ascertain what is necessary in order to frame issues are
interrogatories and the discovery and inspection of documents (Order XI), admissions (Order XII) and the
production of documents (Order XIII).
The Judges and lawyers should make themselves thoroughly acquainted with these provisions and
endeavour to make use of them.
Attention is invited to the position of these Orders in the scheme of the Code. They proceed the Order
relating to issues. This fact considered along with the provisions of rule 20, Order XI, shows that
according to the scheme of the Code, all matters must be got clarified before the issues are settled.
85. The Courts should see that discovery is given and admissions are made before trial. The law permits
the administration of interrogatories by a party to his opponent to obtain admissions which will facilitate
the proof of the case of the party who delivers the interrogatories. A party may by notice in writing call
upon the other party to admit, within 15 days from the date of service of the notice, for the purpose of the
suit only, any document (Order XII, rule 2) and any specific facts mentioned in the notice (Order XII, rule
4). Order XII, rule 2, contains the salutary provision that, when a party has refused or neglected to admit,
the subsequent cost of proving the documents should be paid by the party so neglecting or refusing,
whatever the result of the suit may be, unless the Court otherwise directs and that no costs of proving the
documents should be allowed unless such notice is given, except where the omission to give the notice is
in the opinion of the Court saving of expense.
Rule 3-A of Order XII enables the Court even where no notice is given under rule 2 of Order XII at any
stage of the proceedings of its own motion to call upon any party to admit any document, and record
whether the party admits or refuses or neglects to admit such document.
According to the provision of rule 2-A of Order XII, every such document, which a party is called upon to
admit, if not denied specifically, or by necessary implication or stated to be not admitted in the pleading
of that party or in his reply to the notice to admit documents, shall be deemed to have been admitted
except as against a person under a disability. In its discretion, the Court may, however, for reasons to be
recorded, require any document so admitted to be proved otherwise than by such admission.
In the heavier and more complicated cases, it will usually be advisable, after the documents have been
lodged in Court, to allow at least one date (or more if necessary) before issues are framed for admissions,
discovery, interrogatories and the like ; and to fix, if necessary, one or more dates, after the issues have
been framed for the completion of this preliminary work.
86. Section 30 of the Code provides that a Court may of its own motion make orders as to interrogatories,
the admission of documents and facts and the discovery, inspection and production of documents.
87. Appendix C to the Code (Schedule I) contains forms to be used for delivery of interrogatories,
discovery and inspection of documents and the admission of facts and documents. Form 1 of Appendix H
may be used where issues are agreed on by the parties.
88. Under clause (c) of sections 30 of the Code, a Court may order any fact to be proved by affidavit. This
is a power which may well be used to secure formal proof of facts. It is desirable to make full use of the
provisions of Order XIX for the proof of simple or incontrovertible facts.
Whenever a fact is allowed to be proved by an affidavit, an order should invariable be passed by the
Court.
The Settlement of Issues
89. Issues should be framed by the Presiding Judge on the date fixed for the purpose. They indicate the
points in controversy, on which the parties are to go to trial and give them notice of the matters which
they are required to establish by adducing evidence or otherwise. No trial is likely to be satisfactory
unless the issues are complete and precise. It should be observed that a party has to produce evidence in
support of the issues, which he is bound to prove (Order XVIII, rules 2 and 3) and that the Judgment of
the Court shall record its findings on the issues (Order XX, rules ). These provisions should make it plain
that an essential preliminary to a satisfactory trial is the settlement of full and precise issues. A judicious
use of the provisions of rule 1 of Order X and sub-rule (5) of rule 1 of Order XIV may be found of help
for collecting material necessary for framing issues in seriously contested cases.
The duty of framing issues under the law must be performed by the Court and the presiding Judge should
not leave it to the parties or lawyers to frame the issue but should apply his own mind to the subject.
There is, however, no reason why the Court should not take suggestions from the parties as to the issues
to be framed.
90. In framing issues, the Court should proceed as follows :-
(a) Every material proposition of fact and every proposition of law, which is affirmed by the one side and
denied by the other, shall be made the subject of a separate issue.
(b) Every issue of fact shall be so framed as to indicate on whom the burden of proof lies.
(c) Every issue of law shall be so framed as to indicate the precise question of law to be decided.
Note . - When the claim or any portion of it is alleged to be barred by any law, the issue shall also state the
Act and section or rule or other provision under which it is so barred.
(d) When the question is whether a certain section of law applies, the issue should be framed in the words
of that section, e.g., if the question is whether a transfer, should be set aside under section 54 of the
Provincial Insolvency Act, the issue should not be " is the transfer bogus and fradulent " ?
(e) Issues should be self-contained. The framing of issues, such as " Is the sale liable to be set aside for
the reasons stated by the defendant in his written statement, dated ......................................." should be
avoided.
(f) Every issue should form a single question and, as far as possible, should not be put in an alternative
form.
(g) No proposition of fact which is not itself a material proposition, but is relevant only as tending to
prove a material proposition, shall be made the subject of an issue.
(h) No question regarding admissibility of evidence shall be made the subject of an issue.
91. When the Court is of opinion that any of the issues of law raised by it such as limitation and
jurisdiction goes to the root of the case and is triable as a preliminary issue, it shall proceed to try it as
expeditiously as possible.
92. Rule 5, Order XIV provides that at any time before the passing of the decree, the Court may amend
the issues or frame additional issues on such terms as it may deem fit. All Such amendments, or additional
issues as may be necessary for determining the matters in controversy shall be made or framed at any
time before passing the decree.
CHAPTER VII
INCIDENTAL PROCEEDINGS
Applications
93. (a) It is for the Court to decide whether it will allow an oral application or insist on a written
application. The general rule hereto followed is that applications materially affecting the conduct of a suit
or the legal position or rights of either party, should be received only in writing. In matters of mere
routine or indulgence and matter wholly within the discretion of the Judge, motions may be made orally.
(b) Along with every written application for an interlocutory order, the applicant shall file as many copes
thereof as there are opponents. Similarly, along with the written statement to the application, the opponent
shall file a copy thereof for the use of the applicant or applicants, as the case may be, and the opponent or
the opponents or the opponents or the applicants, as the case may be, shall receive such copy or copies
from the Court.
94. On every application, an order should be endorsed, showing how it was disposed of, e.g. an
application for summonses to witnesses might be endorsed as follows :-
' Application granted, summonses to be issued for next (enter date )' or ' Application rejected, because,
etc. (enter reasons for rejection).'
Date (Signed)
Judge .
95. An order regarding costs shall be made on every application.
Application to bring legal representative of a deceased defendant on record.
96. (1) Attention is invited to the provisions of Rules 4 of Order XXII and to the form of summons to be
issued thereunder to a legal representative of the deceased defendant, viz. Form No. 6 of Appendix B in
the First Schedule to the Code of Civil Procedure, 1908. It is to be noted that this summons is different in
form from the summonses to be issued to the defendant under Order V, Rules 1, 3 and 5 and Order
XXXVII, Rule 2, viz., Forms Nos. 1, 2, 3 and 4 of Appendix B in the First Schedule to the Code. A
summons in the Said Form No. 6 shall be served on every legal representative added as a party in place of
the deceased defendant.
(2) It shall be the responsibility of the plaintiff to bring on record the correct legal representative of the
deceased defendant within the prescribed period of limitation, in the circumstances mentioned in sub-rule
(1) of Rule 4 of Order XXII, by making an application upon affidavit proposing the name of the Legal
Representative of the deceased defendant to be brought on record.
(3) If the application is made within the prescribed period of limitation, the Court shall order, without
issuing previously any notice to the proposed Legal Representative, that the plaint be amended by adding
the Legal Representative as a party to the suit in place of the deceased defendant and that summons in No.
6 referred to above be issued to him. It shall be open to the Legal Representative so added as a party to
dispute his character as a Legal Representative when he is served with a summons in Form No. 6 referred
to above, and the Court shall decide the dispute under rule 5 of Order XXII.
(4) If, however, the application is made after the prescribed period of limitation has expired, notice shall
be issued to the proposed Legal Representative before adding him as a party, calling upon him to show
cause why the delay should not be condoned and why he should not be brought on record as a Legal
Representative of the deceased defendant and added as a party in place of the deceased defendant. if
ultimately he is added as a party to the suit, a summons in Form No. 6 referred to above shall,
nevertheless, have to be served on him before proceeding with the suit.
Injunctions
97. Proper discretion should be exercised in issuing ex-party injunctions under Order XXXIX. Before
granting such an injunction it is the duty of the presiding officer of the Court to take every care to protect
the interest of the absentee defendant and to ensure to him the earliest opportunity of being heard. District
judges when dealing with appeals or inspecting Courts should scrutinize the materials upon which ex
party injunctions have been granted.
98. all appointments as receivers under the Code of Civil Procedure, whether in suits or other
proceedings, shall be made, as far as possible, from amongst responsible and capable lawyers practising
in the Court. A panel of such lawyers shall be prepared by the Presiding Officer of the Court. The list shall
be revised every two years. Special care shall be taken to see that undue preference is not given to any
particular lawyer and that no Court Official is appointed as a receiver in such cases.
CHAPTER VIII
PROCESSES
Examination of witness about to leave jurisdiction
99. Attention of the Civil Courts is invited to rule 1 of Order XVI of the Code of Civil Procedure,
according to which the parties to the proceedings shall present, in Court, an application alongwith a list of
witnesses whom they proposeto call either to give evidenc or to produce doucment and obtained
summones to such persons for their attendance in Court on or before such date as the Court may appoint,
and not later than 15 days after the date on which the issues are settled.
100. Form No. 6 of Appendix H is a notice to be issued in case it is desired to examine without delay a
witness who is about to leave the jurisdication of the Court. Application for the examination of such a
witness should be made promptly and treated as a urgent matter.
Rules regarding payment of diet allowance to witness
101. (1) Rule 1 of Order XLVIII provides that processes shall be served at the expense of the party on
whose behalf they are issued unless the Court otherwise directs and that the Court-fees chargeable shall
be paid within the time fixed by the Court. For the rules as to process fees, see Chapter XXIV.
(2) For the purpose of payment of diet allowance, witnesses are divided into the following classes :-
Class I Professional men of high position Members of Parliament and of the

State Legislatures, large land owners and owners of big business
organisations and upper grade employees in business organisations;
corporations and local bodies, and Class I Government officials who
are required to attend the Court in their private capacity.
Class II Members of local bodies, ordinary professional and business men ; land
owners other than small farmers; junior employees in business
organisations, in Corporations and Local bodies in corresponding grades
and Class II Government officials who are required to attend the Court in
their private capacity.
Class III Artisans, clerks, small land owners, village officers and officers in lower
grades of Corporations, local bodies and business organisations, and Class
III Government officials who are required to attend the Court in their
private capacity.
Class IV Labourers, petty shop-keepers, pedlars and persons other than those in the
above classes and Class IV Government Servants who are required to
attend the Court in their private capacity.
(3) The diet money for the various classes should be as follows :-
Rs.
Class I 10-00
Class II 08.00
Class III 06.00
Class IV 05.00
(4) In special cases, and in particular where a person is being examined as expert, the Court may require
such sums as appear reasonable to be paid to a witness. The reasons for ordering payment of higher
amounts should be recorded by the Court.
(5) Diet money shall be given not only for the period of actual attendance but also for any reasonable time
spent in the journey to and from the Court, the ordinary mode of conveyance available being taken into
consideration. When the journey is made on foot, 15 miles a day shall be reckoned as the days journey
and subsistence allowance should be paid accordingly.
(6) Travelling expenses will be granted according to the rates specified below in all cases in which the
Court deems such expenses to be reasonable having due regard to the distance to be travelled and the
position and circumstances of the witness :-
(i) When the journey is by road, the actual expenses incurred, provided the same be reasonable.
(ii) When the journey is wholly or partly by rail or steamer :-
(a) Witness of Class I First Class Railway fare ;
(b) Witnesses of Classes II, Second Class Railway fare.
III and IV.
(7) Peculiar cases not provided for in the above rules are to be dealt with according to their own merits,
and at the discretion of the Court from which subsistence money or the travelling allowance is demanded.
(8) Witnesses produced under warrants of arrest should receive subsistence money at the rate allowed to
judgment-debtors.
(9) When Government as a party to a case asks for a summons to one of its servants for appearance in
Court as a witness, it is not required to deposit in Court anything on account of diet money and travelling
allowance of the witness accompanying the summons.
Fees to Chartered Accountant
102. (1) The fee to be paid to a Chartered Accountant or his Qualified Assistant for each day spent in
attending a Court or in travelling for the purposes of attending a Court as a witness, shall be as specified
in column 2 or 3, as the case may be, of the Schedule appended hereto, in accordance with his
professional standing for the years as specified in column 1 thereof :-
Schedule
Professional Standing Chartered Accountants 2 Rs. Qualified Assistants 3

1 Rs.
Of five years or less 75 10
Of more than five years but not exceeding ten 100 20

years.
Of more than ten years but not exceeding 125 25

fifteen years.
Of more than 15 years 150 30
Note .- The expression " expert evidence " includes evidence which an accountant is called upon to give
by virtue of his having conducted audits or investigation.
(2) Such chartered accountant or qualified assistant shall also be paid travelling and daily allowance at the
following rates, that is to say. -
(a) Travelling Allowance First Class Fare.

(b) Daily Allowance Chartered Accountant, Rs. 5 per day.
Qualified Assistant, Rs. 3 per day.
Note . - The daily allowance shall be payable for each day for which the fee under sub rule (1) is paid.
(3) A chartered accountant and his qualified assistant should not ordinarily be summoned except when
their evidence is absolutely necessary. Whenever they are required in Courts as witnesses, they should
not, as far as possible, be asked to be present on days on which their evidence is not likely to be recorded.
103. (1) Short title .- These rules may be called the Payment of Expenses of Expert Witnesses (attending
Civil Courts) Rules, 1972.
(2) Definitions.- In these rules, unless the context otherwise requires,-

(a) " expert witness " means a person who is required to attend a Civil Court for giving evidence as an
expert within the meaning of section 45 of the Indian Evidence Act, 1872 (I of 1872) in any suit or other
proceeding before such Court under the Code ;
(b) " the Code " means the Code of Civil Procedure, 1908 (V of 1908) ;
(3) Application of the Rules .- Theses rules shall apply to all expert witnesses, other than the following :-
(a) any Government servant ;
(b) any chartered accountant or his qualified assistant.
(4) (1) Authority and conditions for payment of expenses of Expert Witnesses -
(a) Payment of the reasonable expenses of any expert witness to whom these rules apply may be ordered -
(i) by the High Court or a Civil Court in any case which comes before such Court;
(ii) by a Judge ;
(b) In any case in which the witness is summoned by the Civil Court
(2) The Court may refuse payment of such expenses -
(a) to any expert witness, whose evidence the Court does not consider to be substantially true, or
(b) to any expert witness, who, without sufficient cause, remains absent on any day fixed for his evidence
and whose presence is secured by the issue of any coercive process.
(5) The scale of daily expenses to be paid to expert witness.- The Court before which an expert witness is
required to give evidence shall, having regard to his qualifications and professional standing or
experience, determine to which of the three classes specified in the Table hereto appended he shold be
deemed to belong, and grant him such expenses as it thinks fit, subject to the maximum and minimum
rates prescribed for such class in the said Table.
TABLE
Maximum rate of expenses Maximum rate of expenses
(Oral evidence) (Written opinion (Oral evidence) (Written opinion

when required in when required in
Class of witness
addition to oral addition to oral
evidence) evidence)
Rs. Rs. Rs. Rs.
Class I 75 per day 75 per day 150 per day 150 per opinion
Class II 50 per day 50 per day 100 per day 100 per opinion
Class III 30 per day 30 per day 75 per day 75 per opinion
Note .- An expert witness who is paid expenses under this rule shall not be entitled to any daily allowance,
diet allowance or other incidental charges.
(6) Travelling expenses .- (1) Travelling expenses to expert witnesses shall be granted according to the
rates specified below in all cases in which the Court deems such expenses to be reasonable, having due
regard to the distance to be travelled, namely .-
(a) When the journey is by road The actual expenses incurred, provided the same are reasonable.
(b) When the journey is wholly or
Partly by rail or steamer.
(i) If the witness belongs to First Class Fare
Class I or Class II as specified in rule 5.
(ii) If the witness belongs to Second Class fare.
Class III as specified in
rule 5.
(2) Travelling expenses may be paid to any expert witnesses in advance, before he starts on his journey to
the Court, if the Court considers that it is necessary so to do in his case.
(7) Treatment of peculiar cases.- Cases not covered by the provisions of rules 4, 5 and 6 may be dealt
with on their merits and at the discretion of the Court.
Expenses of Public Officer.
104. a public officer, whose salary does not exceed Rs. 35 per mensem, whether he is or is not entitled to
travelling allowances under the Bombay Civil Services Rules or other corresponding Rules, shall when
summoned as a witness in his official capacity to give evidence or to produce a document before a Court,
be paid travelling expenses in accordance with the scale prescribed by the rules in paragraph 101.
Any public officer whose salary exceeds Rs. 35 per mensem but who is disentitled to travelling
allowances under the Bombay Civil Services Rules or other corresponding Rules by reason of the fact
that the Court before which he is summoned to give evidence or to produce a document is situate not
more than five miles from his headquarters shall be paid the said travelling expenses.
Any sum payable to such officer on account of subsistence allowance shall be credited to Government.
According to the directions contained in the Government of India, Ministry of Finance (Department of
Expenditure) Memo No. 5 (59)-E-IV-(B)/63, dated the 27th December 1963, the Central Government
servant is precluded from receiving in cash the amount of travelling Allowance and other expenses from
Court when such servant is summoned as a witness in his official capacity. The Court should, therefore,
note that they should not pay the amount in cash directly to the Government Servants of the Central
Government when they are called to give evidence in their official capacity, in the Courts concerned,
under the aforesaid orders, as they are expected to remit to the Controlling Officers, the amount of their
Travelling Allowance, in full, to the extent admissible at the Court's rates, on the demand made by the
Controlling Officers for that purpose.
105. The " expenses " to be deposited by a private party under rule 2 of Order XVI for summoning as
witness a public Officer in his official capacity means, where such officer is entitled to travelling
allowances under the Maharashtra Civil Services Rules or other corresponding Rules, the travelling and
halting allowances admissible under the appropriate Rules but do not include subsistence allowance. The
sum deposited by the party shall be credited to Government.
106. A public officer who has not been paid travelling expenses under paragraphs 121 or as provided in
Rule 3-A, Order XVI of Rules made under section 122 of Civil Procedure Code and who is entitled to
receive travelling allowances under the Bombay Civil Service Rules or other corresponding Rules, shall
obtain from the Court a Certificate that he has attended in his official capacity for the purpose specified in
the proviso to rule 3 of Order XVI of Rules made under section 122 of Civil Procedure Code, stating the
date of his appearance, the period for which he has been detained, and that he has received no payment
from the Court.
107. The period within which expenses of witnesses are to be paid, is to be fixed by the Court under rule
2 of Order XVI. Such period may be fixed by a general order but such general order may be varied by the
Court in any particular case. The general order should be in writing and a copy should be affixed to the
notice board of the Court or in some conspicuous place in the Court.
108. The expenses tendered beyond the time fixed for their deposit should not be accepted unless the
Judge, for good cause, condones the delay.
109. Subsistence money payable to witnesses under the provision of sub-rule (2) of rule 4 of Order XVI
should, as far as possible, be paid daily.
110. The Court will do well to encourage parties to procure the attendance of their witnesses without the
issue of any process from the Court. The names and addresses of such witnesses shall, however, be
disclosed to all the parties before the witnesses are kept present in Court for examination.
111. It is the duty of the parties to be reasonably diligent in obtaining the issue of summonses on or before
such date as the Court may appoint, and not later than 15 days after the date on which the issue are
settled, so as to give reasonable opportunity for service in accordance with the normal routine of the
Court.
Although under rules 1 and 9 of Order XVI, a party is entitled to obtain summonses on or before such
date as the Court may appoint, and not later than 15 days after the date on which the issues are settled, if
he pays for them, and is also entitled to every reasonable effort on the part of the Court to secure their
service, he has right to disturb the proper and orderly routine of the Court's business. If in the course of
such routine, no bailiff is likely to proceed to the neighbourhood of the place where summonses are to be
served, the party may either pay for a special bailiff or take his turn. If he prefers the latter course and the
summonses are not served in time, he will not be entitled as of right to an adjournment in order to have
them served.
112. Without applying formally for issue of summons, as in paragraph 128 above, any party to the suit
may show sufficient cause to the Court for omission to mention the names of witnesses in the lists of
witnesses filed earlier and after obtaining permission of the Court, in writing, bring such witnesses, not
mentioned in the earlier lists, to give evidence (or produce documents) before the Court.
113. No public officer, whose absence from duty may be deterimental to the public service, should
ordinarily be summoned to give evidence, and, if summoned, he may on his application or on that of
either party, be examined immediately under rule 16 of Order XVIII of the Code of Civil Procedure.
Ordinarily, a commission should be issued for the examination of such officer, as provided in rule 4 of
Order XXVI. Where a summons in necessary, it should be sent through the Head of the Office to which
the officer belongs.
114. (a) The Additional Commissioner of Railway Safety should not be summoned to appear in person,
unless it is found that his oral testimony is absolutely necessary.
(b) The summons to the Additional Commissioner of Railway Safety should always be sent for service
through the Commissioner of Railway Safety, 707, Manoranjan Park, Civil Lines, Meerut City.
(c) Whenever the Additional Commissioner of Railway Safety is summoned to appear in person, the date
of his appearance should be so fixed as to leave one clear month's time between the date of despatch of
the summons and the date on which his presence is required in the Court.
(d) The Additional Commissioner of Railway Safety should not be summoned to produce the draft or the
preliminary report of the accident, unless it is found that the production of such draft or preliminary report
is absolutely necessary.
(e) Whenever a summons is issued to the Additional Commissioner of Railway Safety to produce any
report (draft, preliminary or final) or any document, paper or article, the summons should specifically
mention whether he should produce it personally or may do so through any subordinate of his, and in all
such cases the date for production should be so fixed as to leave one clear month's time between the date
of the dispatch of the summons and the date on which the report, document, paper or article is required to
be produced in Court.
(f) No useful purpose is likely to be served by issuing a summons for the production of the final report of
the Additional Commissioner of Railway Safety on the accident, unless a period of four to five months
had elapsed since the date of the occurrence of the accident, as usually no final report becomes ready
before that period.
115. Doctors who are summoned to give evidence in Courts as witnesses should not as far as possible be
made to wait. Their evidence should be recorded and they should be relieved as early as possible.
116. When the hearing of a case is adjourned to a future day, and a party requires the re-attendance on that
day of a witness present in Court, whether summoned or brought by a party to give evidence, such
witness, before leaving the Court may, on the motion of the party, be served with an order for re-
attendance in Form No.1, page 94, Vol. II, provided that the party pays immediately his travelling and
other expenses for re-attendance.
117. A witness who has been summoned and who has been ordered to re-attend may be required to give
security to attend, as provided in rule 16(2) of Order XVI.
118. The District Judges and Civil Judges are authorised to make the payment of subsistence money to
witnesses from their own permanent advances. (Vide Government Resolution, Home Department, No.
797, dated the 22nd December 1922).
Government Expert Witness
119. The following extracts from revised rules framed by the Government of India regulating the
applications for and the payment of the services of the Government Examiner of Questioned Documents
are reproduced for convenience of reference :-
(1) Application should be sent direct to Government Examiner of Questioned Documents, Intelligence
Bureau, Ministry of Home Affairs, "Dormers ", Simla-1.
(2) Acceptable applications fall into two classes :-

(A) Official applications from certain authorities, including applications from High Court.
(B) Other applications. These include cases from private parties in Civil Suits in Indian Union Courts.
These will be accepted only on the requisition from the Court in which the case is being heard. The party
concerned must move the Court and it will rest with the Court to take the further steps necessary to obtain
the services of the Government Examiner of Questioned Documents.
Explanation .- Reference made by a Court suo motu in Civil cases in which the State is not a party will be
deemed to be cases from private parties for the purpose of these rules.
(3) Applications falling under classes A and B will ordinarily be accepted but may be refused at the
discretion of the Government Examiner of Questioned Documents if they cannot be undertaken without
detriment to his other work.
(4) An inclusive fee will be charged in each case in which an opinion is given and will normally cover the
opinion, the cost of photographs and the giving of evidence, limited in class B cases to one day. The
inclusive fee for class A cases will be Rs. 220 and for class B cases Rs.250 (This fee, however, does not
cover travelling allowance which is governed by rule 13 below).
(5) Where one class A case is split up in Court into several cases, a fee of Rs.150 (one hundred and fifty)
will be charged for each split up case. Similarly, where on class B case is split up on Court into several
cases, the fee will be Rs.200 (two hundred ) for each split up cases.
(6) Subject to the exception stated at the end of this rule, the fee is payable in advance in all cases and
each application should be accompanied by a certificate in the following form :-
two hundred and twenty (Rs.220)
' Certified that sum of rupees------------------------------------------ has been
two hundred and fifty (Rs. 250)
deposited in the ....................................... Treasury on ......................................... on account of the

Government Examiner of Questioned Document fee in Case/Suit No. .......................... and that this
amount has been shown under head XXIII Police-Central-Fees, Fines and Forfeitures, in the Cash
Account of Central Subjects for the month of .............................. and appears at item No. ...................... in
the relevant Receipt Schedule.
Signature of the Treasury Officer.
Countersigned. Signature of Officer submitting the case.'
In special circumstances, which should be stated in application, class A cases will be accepted without
this certificate, but the certificate should be forwarded as soon as possible.
(7) In cases where the costs of photographs is exceptionally heavy, the fee will be Rs. 180 plus actual
costs of photographs in class A cases and in class B cases Rs. 200 plus the actual cost of the photographs.
In class B cases, the authority submitting the cases will be informed of the extra cost involved before it is
incurred and will be required to certify that it has been deposited before the Government Examiner of
Questioned Documents proceeds with the case.
(8) (i) In cases in which no opinion is given but photographs are taken, only the actual cost of the
photographs will be charged, subject to a minimum of Rs. 35.
(ii) In cases in which the examination has been completed but no opinion could be expressed, a
consolidated fee of Rs. 100 will be charged.
(9) No reduction in the fee will be allowed if evidence is not required or is taken on commission.
(10) (i) In case B cases an additional fee of Rs. 200 will be charged for each day after the first day on
which evidence is given, whether in Court or on commission, or on which the officer is detained. The
Presiding Officer or the Commissioner will be requested to certify before the second and each subsequent
day's work is begun, that the fee for that day and also for any intervening day or days of detention has
been deposited, and subsequently to furnish a certificate in rule 6 above.
(ii) A fee of Rs. 250 will be charged in class B cases even for the first days evidence is taken upon an
opinion expressed on the same documents when they formed part of a criminal case.
(11) In cases falling under class B, the Government Examiner or his assistant will be prepared to attend
courts provided that he can do so without detriment to his other work. When evidence is taken on
commission, the commission should be issued to the Senior Sub-Judge, Simla, and normally should be so
worded that either the Government Examiner or his Assistant can give evidence.
(12) Presiding Officers of Courts are requested to detain the Government Examiner of Questioned
Documents or his Assistant for the least possible time compatible with the requirements of the case. They
are also requested to accept, so far as possible, the time and dates for attendance offered by these officers,
because the latter frequently have to attend several courts in the course of one tour.
(13) The Government of India in the Ministry of Home Affairs reserve the right to impose an extra charge
in any case in which they consider that the usual fee is in commensurate with the time and labour spent on
the case.
(14) When the Government Examiner of Questioned Documents or his Assistant is required to travel in
order to give evidence or for any other purpose, the authority or party employing his services will be
required to pay travelling allowance at the rates laid down in the Supplementary Rules of the Government
of India for journeys on tour. Travelling allowance will also be payable for the class IV servant
accompanying the officer at the rates fixed for Government of India class IV servants.
In class B cases, the Presiding Officer of the Court concerned will be required to certify that the cost of
travelling allowance has been deposited before the Government Examiner of Questioned Documents or
his Assistant undertakes the journey.
120. The following extracts from the Government of Maharashtra, Home Department Resolutions No.
MOB-1075/16820-VII-P, dated the 10th January 1976 and 7th June 1976 relating to the revised fees or
charges leviable, for services rendered by the Handwriting and Photographic Bureau are reproduced for
information and guidance of the Court :-
Fees or charges for services rendered by the Handwriting and

Photographic Bureau
Nature of work revised rates
1. Expert opinion of questioned Rs. 250 upto 5 questioned documents and Rs. 20
Documents. for every additional questioned document.
2. Attendance fee for travelling per day Rs. 200 per day.
to and from the Court and back to the
Head Quarter.
3. Expert opinion fee Rs. 75 per disputed finger print.
4. Attendance fee Rs. 150 per day.
5. Travelling fee (1) Rs. 150 per day to be charged for travelling
exceeding 4 hours.
(2) Rs. 75 to be charged for travelling less than 4
hours and exceeding 2 hours.
Statement of Photographic Charges
Revised charges levied for the supply of photographs of documents etc., by the Handwriting and
Photographic Bureau of the State CID :-
Size Rates
I Copy II Copy
1. 8 x 13 cms. or 16 x 6.5 cm. 2.30 1.50
2. 9 x 24 cms. or 18 x 12 cms. 3.45 2.20
3. 12 x 30 cms. or 24 x 15 cms. 4.60 3.00
4. 15 x 40 cms. or 30 x 20 cms. 6.35 4.00
5. 13 x 16 cms. 4.60 3.00
6. 18 x 24 cms. 7.00 3.35
7. 24 x 30 cms. 9.20 6.00
8. 30 x 40 cms. 11.50 6.70
Special photographs (viz. Photographs prepared

through specialised techniques).
18 x 24 cms. 20.00 5.00
24 x 30 cms. 30.00 7.00
Positive and Transparencies
Same size 4.50 .....
Enlargements 5.00 .....
Plus charges for the corresponding size or original print.
121. The following are the terms on which the services of the officers of the Public Health Department in
the State of Maharashtra will be made available for giving evidence as experts in Courts of Law on behalf
of private firms and individuals :-
(i) A fee of Rs. 110 only per day should be charged in the case of the Director of Public Health, and Rs.
50 only per day in the case of other officers, the days chargeable being from the day the officer starts on
his journey up to the day of his return. The Travelling and halting allowances admissible to the officers
should be recovered in addition to the fees prescribed.
(ii) These officers should be allowed 1/6th of the total amount of fees recovered, and this remuneration
should be classified as honorarium ( Vide, Fundamental Rule 9(9)).
(iii) The amounts deposited by the parties should be credited in the first instance to " Civil Courts
Deposits ". The Presiding Judge shall pay the witnesses by drawing a refund bill against such deposit for
the amount payable as travelling allowance and honorarium to the witnesses. At the same time, the
Presiding Judge shall draw another refund bill for crediting the rest of the deposit of Government under
"XVII-Administration of Justice - Miscellaneous fees and fines, fees or expenses in Civil and Criminal
Courts for travelling and subsistence allowance, etc."
122. In cases of doubt in which the opinion of an expert may be required on the question whether any
stamps are genuine or forged, a reference can be made to the Master, Security Printing, India, Nashik
Road, for his or his nominee's report.
The scale of charges to be made by the Master, Security Printing, India, Nashik Road, for the examination
of Stamps and for giving evidence on commission shall be as follows :-
(1) For each stamps examined Rs. 20, but where the stamps to be examined consist of a block or blocks
from the same sheet, this fee will be charged for the examination of each block ; as any one of the stamps
is representative of the whole block.
(2) For stamps examined on commission, Rs. 40 per document, irrespective of the number of stamps
requiring examination of each document ; provided that where more than one document relating to the
same case is to be examined on the same day, the charge will be Rs. 40 for the first and Rs. 20 for each
subsequent document.
These fees will be credited to " IX-Stamps-Central-India Security Press "
123. The Scale of charges to be made by the Master, security Printing, India, Nashik Road, for the
examination of currency and bank notes and for giving evidence on commission, is as follows :-
(1) For each note examination Rs. 10 per note.

(2) For notes examined on commission in connection Rs. 20 per case.
with forgery cases.
These fees will be credited to " XXVII-Currency-Miscellaneous."
124. When the valuation of a private building is required to be carried out at the instance of a Civil court,
the service of the Public Works Departmentwill be available on the following terms, provided that such
work can be undertaken without detriment to the officers' legitimate duties :-
(i) The following scale of fees will be charged which will be based on the valuation arrived at by the
officer concerned :-
(a) In cases where the valuation of a private building is required on the basis of a detailed survey of the
buildings :-
Up to the first Rs. 5,000 4 per cent.

From Rs. 5,000 to Rs. 20,000 3 per cent.
From Rs. 20,000 to Rs. 1,00,000 2 per cent.
From one lakh of rupees 1 1/2 per cent.
The manner in which the above rates should be calculated is explained below :-
If the building is valued at Rs. 30,000, the amount of fee will be Rs. 850 as shown below :-
Rs.
For the first Rs. 5,000 at 4 per cent 200
For the next Rs. 15,000 at 3 per cent 450
For the remaining Rs. 10,000 at 2 per cent 200
-----------------
850
-----------------
(b) In cases where a valuation based on the net annual value is sufficient and also in cases where the
valuation is based on a rate per cubic foot of the contents of the building or on a plinth area rate basis :-
1 per cent on first next Rs. 15,000 of the valuation.
1/2 per cent on the next Rs. 1,35,000 of the valuation.
1/4 per cent on the residue of the valuation.
(ii) The travelling and halting allowances admissible to the officer concerned under the rules in force will
have to be paid.
(iii) Government will not in any way be responsible for or bound by the valuation arrived at or the
opinion expressed by the officer permitted to carry out the valuation.
125. The Finger Print Bureau will not supply written reports on impressions submitted to it except at the
request of a Civil or Criminal Court. Such reports will be supplied to Criminal Courts free. Civil Courts in
forwarding requests for such opinion should state whether the report is required solely for the information
of the Court and in the interest of justice or for the use of the party to suit or any proceeding.
The following extract from the Government of Maharashtra, Home Department, Resolution No. MOB-
1075/16820-VII-P, dated the 10th January 1976 and 7th June 1976 relating to the revised fees or charges
leviable for services rendered by the Finger Print Bureau is reproduced for information and guidance of
the Courts :-
Fees or charges for services rendered by the Finger Print Bureau
Nature of work Revised Rates
1. Expert opinion of questioned documents. Rs. 250 upto 5 questioned documents and Rs. 20
for every additional questioned document.
2. Attendance fee for travelling per day to Rs. 200 per day.
and from the Court and back to the Head
Quarter.
3. Expert opinion fee Rs. 75 per disputed finger print.
4. Attendance fee Rs. 150 per day.
5. Travelling fee (1) Rs. 150 per day to be charged for travelling
exceeding 4 hours.
(2) Rs. 75 to be charged for travelling less than 4
hours and exceeding 2 hours.
Statement of Photographic Charges
Revised charges levied for the supply of Photographs of documents etc. by the handwriting and
photographic Bureau of the State C.I.D. :-
Size Rates
I Copy II Copy
1. 8 x 13 cms. or 16 x 6.5 cms. 2.30 1.50
2. 9 x 24 cms. or 18 x 12 cms. 3.45 2.20
3. 12 x 30 cms. or 24 x 15 cms. 4.60 3.00
4. 15 x 40 or 30.20 cms. 6.35 4.00
5. 13 x 16 cms. 4.60 3.00
6. 18 x 24 cms. 7.00 3.35
7. 24 x 30 cms. 9.20 6.00
8. 30 x 40 cms. 11.50 6.70
Special Photographs (viz. Photographs prepared through specialised techniques).
18 x 24 cms. 20.00 5.00
24 x 30 cms. 30.00 7.00
Positive and Transparencies
Same size Rs.4.50
Enlargements Rs.5.00
Plus charges for the corresponding

size of original print.
Production of official documents
126. A summons from a Court of civil or criminal jurisdiction to produce any of the records of a Post
Office, or a certified extract from, or copy of, any of such records, must be complied with. The receipt of
such a summons, and such particulars as are known to the Post Master regarding the case, should be at
once reported to the Post Master General in case he should see fit to raise any objection in Court under
section 123 or section 124 of the Indian Evidence Act, 1872 (I of 1872), to the production of any of the
records, When any journal or other records of the Post Office is produced in Court and admitted in
evidence, the officer producing it should ask the Court to direct that only such portions of the record as
may be required by the Court shall be disclosed.
127. Under Government Resolution, Home Department, No. 8996/6, date the 28th April 1954, certain
instructions have been issued for the guidance of Government servants when they are summoned by a
Court to produce official documents. The following relevant instructions are re-produced for the guidance
of Court.
(1) The law relating to the production of unpublished official records as evidence in Courts in contained
in sections 123, 124 and 162 of the Indian Evidence Act, 1872 (Act I of 1872).
(1A) A Government servant other than the Head of a Department who is summoned to produce an official
document should first determine whether the document is in his custody and he is in a position to produce
it. In this connection, it may be stated that all official records are normally in the custody of the Head of
the Department and it is only under special circumstances that an official document can be said to be in
the custody of an individual Government servant. If the document is not in the custody of the Government
servant summoned, he should inform the Court accordingly. If, under any special circumstances, the
document is in the custody of the Government servant summoned, he should next determine whether the
document is an unpublished official record relating to affairs of State and privilege under section 123
should be claimed in respect of it. If he is of the view that such privilege should be claimed or if he is
doubtful of the position, he should refer the matter to the Head of the Department, who will issue
necessary instructions and will also furnish the affidavit in Form No. I in suitable cases. If the document
is such that privilege under section 123 could not be claimed but if the Government servant considers that
the document is a communication made to him in official confidence and that the public interest would
suffer by its disclosure, he should claim privilege under section 124 in Form No. II. In case of doubt, he
should seek the advice of the Head of the Department.
(2) The Government servant who is to attend a Court as a witness with official document should, where
permission under section 123 has been withheld, be given an affidavit in Form No. I duly signed by the
head of the Department in the accompanying form. He should produce it when he is called upon to give
his evidence, and should explain that he is not at liberty to produce the documents before the Court, or to
give any evidence derived from them. He should, however, take with him the papers which he has been
summoned to produce.
(3) The Government servant who is summoned to produce official documents in respect of which
privilege under section 124 has to be claimed, will make an affidavit in the accompanying form No. II.
When he is not attending the Court himself to give evidence, he shall have it sent to the Court alongwith
the documents. The person through whom the documents are sent to Court should submit the affidavit to
the Court when called upon to produce the documents. He should take with him the documents which he
has been called upon to produce but should not hand them over to the Court unless the Court directs him
to do so. They should not be shown to the opposite party.
(4) The head of the department should abstain from entering into correspondence with the presiding
officer of the Court concerned in regard to the grounds on which the documents have been called for. He
should obey the Court's orders and should appear personally, or arrange for the appearance of another
officer in the Court concerned with the documents and act as indicated in paragraph 2 above, and produce
the necessary affidavit if he claims privilege.
FORM OF AFFIDAVIT NO. I
IN THE COURT OF
Suit No. ................................... of 19
I, * .................................................... do hereby solemnly affirm and state as follows :-
A summons bearing No. ............................. dated ........................ issued by the Court of ............................
in Suit No. ........................... of 19 , (....................... V/s ....................... ) has been received
on ..................... 19 , requiring production in the said Court on ........................, 19 , of documents stated
below. I, as the head of the department, am in control of, and in charge of, its records. I have carefully
considered the relevant documents and have come to the conclusion that they are unpublished offical
records relating to affairs of State and their disclosure will be prejudicial to public interest for the
following reasons :-
List of Documents Summoned

I do not, therefore, give permission to any one under section 123 of the Indian Evidence Act, 1872, to
produce the said documents or to give any evidence derived therefrom. solemnly affirmed at etc. This day
of 19 .
Name and designation of person

making affidavit.
--------------
FORM OF AFFIDAVIT NO. II
IN THE COURT OF
Suit No. .......................... of 19 .
I, .............................. do hereby solemnly affirm and state as follows :-
A summons bearing No. ............................ dated ......................... issued by the Court of ...........................
in Suit No. ................................. of 19 . ( ......................... V/s
............................ ), has been served on me on .......................... 19 , requiring production in the said Court
on ......................... 19 , of the documents stated below. I have carefully considered them and have come to
the conclusion that they contain communications made in Official confidence and I consider that the
public interest would suffer by their disclosure for the following reasons :-
List of Documents Summoned
I, therefore, claim privilege under section 124 of the Indian Evidence Act, 1872. Solemnly affirmed at
bombay etc. this ........................... 19 .
Signature and designation of the

person making the affidavit.
Sworn before me
Solemnly affirmed
128. Summons for the production of documents in the custody of the House of Parliament or of the House
of State Legislatures should not be issued in the ordinary form. A letter requesting the production of the
same should be substituted therefore in the following Form, addressed to the Speaker of the Loka Sabha
or the Legislative Assembly of the State, or the Chairman of the Rajya Sabha or the Legislative Council
of the State, as the case may be.
FORM
To,
The Speaker of the Loka Sabha/ Legislative Assembly.

The Chairman of the Rajya Sabha/ Legislative Council.
Parliament House, New Delhi,

Council Hall, Bombay.
Dated, the 19 .
Subject :- (Description of the Case)

Sir,
In the above proceeding, the plaintiff/defendant/complaint/accused proposes to rely upon the documents,
specified in the Annexure, which are in the custody of the Lok Sabha/Rajya Sabha. I have to request you
to move the House to grant
Legislative Assembly/ Legislative Council.
leave for the production of documents in my Court and, if such leave is granted, to arrange to send the
documents /certified copies of the documents so as to reach me on or before ..................................... by
registered post (A.D.) or through an officer in the Secretariat of the House.
In the above proceeding, the plaintiff / defendant / complainant / accused proposes to

examine ........................... an officer in the Secretariat of the Lok Sabha /Rajya Sabha
Legislative Assembly / Legislative Council
(or any duly informed officer in the Secretariat of the House) as a witness in regard to matters specified in
the Annexure. I have to request officer in the Secretariat of you to move the house to grant leave for the
house is required examination of the said officer in my Court, and, if such leave is granted, to direct the
officer to appear in my Court at 11 a.m. on ...........................
Where oral evidence of an officer
in the Secretariat of the House is
required.
Yours faithfully,
Production of Court records
129. Rule 10 of Order XIII states the law as to the production of court records. The Principle of sub-rule
(2) of that rule may well be applied to other public records.
130. Subject to any provision of the law to the contrary, the originals of records should not be called for
by Courts when certified copies of them can legally be put in at the hearing of cases and will serve the
purpose for which the records are required. In cases in which the Courts consider that the production of
the original records is desirable, they should record briefly their reasons for directing their production.
131. Requisitions made under the provisions of Order XIII, rule 10, by subordinate Courts for the
production of records of cases pertaining to, and in the custody of High Courts other than High Courts at
Bombay or Courts subordinate to such other High Court should be transmitted though the High Court at
Bombay, and should be accompanied by a copy of the affidavit referred to in the rule above quoted
together with a duly certified translation into English if such affidavit be in the regional language.
Requisitions received through this High Court from Courts outside the State should be complied with.
Production of document in Custody of Legislatures
132. Original documents in the custody of the Houses of Parliament or of the State Legislatures should
not be called for if certified copies thereof would serve the purpose. It is only in cases where parties insist
upon strict proof that the Courts should call for the originals. In this connection, attention of the Judges
and Magistrates is also called to section 78(2) of the Indian Evidence Act, 1872, which specifies the way
in which the proceedings of the Legislature can be proved.
133. In order to guard against the loss of original documents in the post all applications under rule 10 of
Order XIII of Civil Procedure Code, for such documents filed or recorded in any suit before the High
Court should state specially whether the originals are necessary, and why certified copies obtained in the
usual manner by parties will not serve the purpose.
Processes
134. A process issued by any Court in the Territory of India should be served free of charge by any Court
(including the Court of Small Causes at Bombay) in the State of Maharashtra, if it be certified in the
process that the proper fee, has been levied under the rules in force in the territory in which the Court
issuing the process is situated.
135. Every process or order issued by a judicial officer should show (a) the name and description of the
officer, (b) the place and district of issue, (c) the hour at which attendance is required, (d) the name,
father's name, age, castes (only when necessary for identification), occupation and place of residence of
the person on whom the summons is to be served. When the person lives in a village, the name of the
taluka and district in which it is situate shall also be mentioned. When the person resides in a large village
or municipal town, the name of the locality, municipal ward, street, lane and the number of the house in
which he resides, shall also be mentioned.
136. (i) Process-fee must be paid in Court-fee stamps and not in cash. The stamps shall be affixed to the
application and, where there is no application, to a memorandum to be written on a sheet of paper and
filed in Court. The memorandum should state the name of the Court, the number and the description of
the suit, appeal or proceeding, the value of the claim, the value of the Court-fee stamps affixed and details
of the processes to be issued. If the memorandum be an application for the issue of a process, it must, in
addition to the requisite stamps for the process-fee, bear such stamps as are necessary for its own validity.
(ii) If a party presents in duplicate a memorandum for the issue of a process and desires that the process-
writer should acknowledge it, the latter shall sing and date the duplicate copy by way of acknowledge of
the original and return it to the applicant.
137. All copies of plaints and other documents which are to be served with processes shall be written or
typed legible on durable paper of foolscap size. If carbon copies are filed, they must be distinct and
legible.
138. A party who desires the attendance of any witnesses before the Court, or before a Commissioner
appointed to take evidence, shall file a list of such witnesses stating the full name, residence and
occupation or description of each person and whether he is required to give evidence as an expert or
otherwise to produce any document, and in the latter case, specifying the date and description of the
document so as to identify it. The party shall, along with the requisite process-fee pay into Court the
prescribed diet-money, travelling allowance and other expenses.
139. (i) Process sent for service at any place where the language is different from that of the Court issuing
them, should be accompanied by translations in the language of such place or should be in English.
(ii) The language of the Small Cause Court, Bombay, is English.
(iii) The return of service of processes from Court subordinate to other High Courts shall be accompanied
by an English translation.
140. Where the English version of a notice, summons or any other form used in civil proceedings in the
District or Subordinate Courts has been abolished and the notice, etc., is to be addressed to a person
unable to read the language, the appropriate form should be translated into English.
141. If a process is sent for service to the Small Causes Court, Bombay, or to another District or place in
which the language of the Court is different :-
(1) no translation fee should be levied for an English translation of the process where a form of process in
English is available or can be copied either from the Code of Civil Procedure or from the Civil Manual ;
(2) a charge may be made for a translation into a language which is neither English nor the language of
the District if such a translation is required and furnished by the office.
142. Notices of suits against the Central Government involving claims against the Indian Government
Railway Administration and summonses of the Court to be served on the Central Government
representing the Indian Government Railway Administration should in future be addressed to the General
Manager, the Deputy General Manager or the Chief Administrative Officer of the Railway concerned.
143. No summons or other process issued against a Member of the Parliament or of a State Legislature
shall be sent for service to the Presiding Officer or the Secretariat of the Parliament or State Legislature.
No such summons or other process shall be served on any Member within the precincts of the House of
which he is a Member without obtaining the permission of the Speaker or the Chairman.
144. The provisions of Order V, rule 30 of the Civil Procedure code allowing the substitution of a letter
for a summons, are to be applied in the case of all Judicial Officers. Justices of the Peace, Covenanted and
Commissioned Officers, Officers of a rank not below that of a Deputy Collector, and other gentlemen of
equal or superior rank.
145. When a village officer is summoned to give evidence, the summons should be served through the
Mamlatdar under whom he may be serving, time being allowed if possible, for making official
arrangements for performing the duties at the village of the officer summoned.
145. A Civil Court to which a summons or other process has been sent for service should make a return
within the time fixed for the hearing of the cause, stating whether service has been effected or not, and, if
not, the reason for the non-service.
147. If a court to which summons has been sent for service be satisfied that the defendant is intentionally
avoiding service, such court should itself direct substituted service to be effected in such manner as it
thinks fit under the provision of the Code of Civil Procedure without further reference to the Court issuing
the summons.
148. The officer who serves a summons or notice on a defendant or respondent should, immediately on
his return, make before the proper officer an affidavit as to the service of the summons or notice.
149. A bailiff should use his best efforts to effect the service of a process without the help of a person to
point out the party or witness to be served. (See also paragraph 618 of Chapter XXXI on this point).
150. Forms for use in connection with the issue and service of summons and in dealing with witnesses
who refuse to appear in answer to summonses, are given as Nos. 7 to 19 in Appendix B of Schedule I of
the Code.
Commissions
151. The general law as to commissions is contained in sections 75 to 78 and Order XXVI of the Code.
152. In every case the Judge shall record his reasons for issuing or refusing to issue a commission. When
a commission is ordered to issue, the reasons for doing so shall also be briefly stated in the Register of
Commissions.
153. The Court may issue commissions of its own motion, or on the application of any party to the suit or
the witness to be examined in the suit.
Applications for the issue of commissions should be made as early as possible and ordinarily before the
setting date. Notice of any such application should be given to the other side. In every case, the Judge
shall record the reasons for issuing the commission which should be stated in brief in the appropriate
register prescribed in that behalf.
154. The selection of Commissioners should be made by the Judge himself who should make the order of
appointment himself. Commissions which can be suitably allotted to junior lawyers should be so allotted.
For this purpose, a panel may be formed, and fait and equitable distribution should be made. The district
Judges, during their inspection, should examine how the distribution has been made.
155. Court officials should not be appointed as Commissioner unless in any particular case the Judge
thinks that the commission will be more efficiently or economically performed by a member of the staff
than by a lawyer or private person. If it is found convenient and expeditious, a Court official who
possesses the necessary qualification may be appointed as Commissioner for the purpose of local
investigation and preparation of maps and plans.
156. (i) When the application is granted, the Court should after consulting the parties or their lawyers and
after taking into account the probable length of time the execution of the commission is likely to take, fix
the amount of the Commissioner's fee, travelling expenses etc. and direct the payment of the same into
Court within a specified time. The commission shall not issue unless the sum so fixed is paid in full.
(ii) If found necessary, the Court may, from time to time, direct that any further sum be paid into Court by
the party concerned.
(iii) When the commission is executed to the satisfaction of the Court, the full sum mentioned should be
paid to the Commissioner but where the commission is not executed at all or not fully or satisfactorily
executed, or the work done turns out to be less than was expected, it will be in the discretion of the Court
to direct a smaller amount to be paid, or to make any other order in the matter which it thinks just and
proper in the circumstances. It will also be in the direction of the Court to direct payment of reduced
remuneration, when in its opinion there has been unreasonable delay on the party of the Commissioner in
the execution and return of the commission.
(iv) Such fees, when the Commissioner is a servant of Government in the Judicial Department, and the
work of executing the commission is not done entirely out of office hours, are to be credited to
Government.
(v) The Judge of each district should in his direction from time to time call for returns of fees so credited
to Government on account of the execution by his subordinates of commissions issued under Order XXVI
of the Code of Civil Procedure, and make annual reports to the High court consolidating the information
for the whole District.
(vi) Strict compliance with the orders regarding the deposit of commissioner's fee and other expenses
should be insisted on and the time once fixed for the purpose should not be extended except on very good
grounds.
(vii) The Commissioners are not permitted to accept any payment directly from the party. The fees,
travelling allowance, etc., shall be drawn by them from the Court.
157. Commissions sent for execution at any place where the language is different from that of the Court
issuing them should be accompanied by translations in the language of such place, or in English.
The fee for making such translations should be paid by the party applying for the commission, and should
be made recoverable as costs.
158. Before issuing the commission, the Court should call on the party at whose instance the commission
is granted to supply such copies of pleadings or abstracts thereof (if by reason of the length of the
pleadings the Court permits the filing of abstracts) and issues for the use of the Commissioner as it
considers necessary and should satisfy itself that all interrogatories, cross-interrogatories, maps,
documents, etc., necessary for the execution of the commission have been filed.
159. Every order for the issue of a commission shall fix a date allowing sufficient time for its execution
and return. If for any reason the Commissioner finds that the time so fixed is likely to be exceeded, he
should apply for its extension setting forth the grounds thereof and should intimate to the Court the date
by which the commission is like to be executed and returned.
160. Commission should not be executed piecemeal or at intervals. When the work of a commission has
once begun, it should be continued from day to day until it is completed, unless in exceptional
circumstances an adjournment is necessary, in which case the commissioner should at once inform the
Court and seek its directions.
161. Commissions issued by Mofussil Courts to the Court of Small Causes at Bombay for the
examination of witnesses resident in Bombay, should be sent direct to that Court by post. In all cases,
sufficient time should be allowed for their execution and return. On receipt of such a commission, the
Court of small Causes should write to the Court issuing it, acknowledging its receipt and stating the date
fixed by it for taking the evidence. This date should be communicated to the parties concerned, for
enabling them to make arrangements to be present in Bombay a few days before that date in order to
enable the Judge to cause the necessary service of subpoenas to the witnesses to be examined on
commission. This provision also applied mutatis mutandis to all the Courts to which commissions are
issued.
162. As a rule, commissions should be issued as required by sections 75 and 76 of the Code and in form
No. 7 or 8 Appendix H of Schedule I, through in special cases commission for the examination of
witnesses not named, and whose names cannot be ascertained by the parties applying for such
commissions, may be allowed.
163. Where the Commissioner disallows any question put to a witness, he shall record such questions and
answer thereto, but the same shall not be admitted as evidence except when the Judge before whom the
deposition is put in evidence, so directs.
164. The following instructions are mainly intended for regulating the issue of commissions for taking
accounts, but they should be followed even as regards the issuing of other commissions with adaptations,
that may be deemed necessary. The instructions are as follows :-
(i) The Court may adjourn the case to a fixed day pending the report of the Commissioner, acting under
Order XXVI, rule 11.
(ii) The Court shall furnish the Commissioner with instructions on the following points as required by
Order XXVI, rule 12(1) :-
(a) The nature of the accounts to be taken.
(b) The date from which and the date to which the account is to be taken.
(c) The name of the party by whom a statement of accounts is to be filed before him.
(d) The name of the party by whom a statement of objection and surcharge is to be filed.
(e) The periods within which the statements of accounts objection and surcharge are to be filed.
(f) The date on which the Commissioner is to submit his report.
(g) Any other matter on which the Court may think it necessary to give, or the Commissioner may desire
to obtain, its instructions.
(iii) The statement of accounts shall be in the form of a debtor and creditor account and shall be verified
by the accounting party or his agent. The items on each side of the account shall be numbered
consecutively and a balance shall be shown.
(iv) The statement of objection shall specify the items to which objection is taken by reference to their
numbers in the statement of accounts.
(v) The statement of surcharge shall specify the amount with the receipt of which it is sought to charge the
accounting party, the date when, the person from whom, and the particular account on which, the same
was received by him. The items of surcharge shall be numbered consecutively.
(vi) The statement of objection and surcharge shall also state (a) the grounds of each objection and
surcharge and (b) the balance, if any, admitted or claimed to be due ; and it shall be verified by the
affidavit of the party concerned or his agent.
(vii) If any party fails to file his statement of accounts or objection or surcharge within the period
allowed, the Commissioner shall report the fact to the Court, and on the application of the defaulting
party, the Court may extend the period or direct the Commissioner to proceed ex-party as regards such
party or charge the parties required to file the statements of account, objection and surcharge.
(viii) After the preliminary decree is passed in suits for partition, the proceedings for taking accounts
linger on for a long time and thereby delay the drawing up of final decree. In order to avoid such delay,
the Courts should ask for some kind of progress report whenever a request is made by the Commissioner
for extension of time for completion of proceedings.
(ix) If the Commissioner is unable to submit his report within the time fixed by the Court, he shall apply
to the Court for an extension of the time and the Court may extend the time or cancel the commission and
appoint a new Commissioner.
(x) When the case before him is ready for hearing, the Commissioner shall, after reading the statements
filed before him and after examining the parties, if necessary, ascertain the points on which the parties are
at issue and require them to produce their documentary and oral evidence on such points.
(xi) After the evidence has been duly taken and the parties have been heard, the Commissioner shall
submit his report together with a statement in the form of a diary of the proceedings he had before him.
The report shall state (a) the contested items allowed or disallowed by the Commissioner, (b) the reasons
for allowing or disallowing them, (c) the amount found due. (d) the name of the party to whom it is due,
and (e) the name of the party by whom it is due.
(xii) When the report, if any, is received, the Court shall give notice to the parties requiring them to file
their objections to the report, within a time to be fixed by it ; and after considering the objections, if any,
the Court may act upon the report or pass such orders as it thinks fit, under Order XXVI, rule 12(2).
(xiii) The provisions of Order XXVI, rules 15 to 18, of the Civil Procedure Code, apply to commissions
issued under these rules.
164-A The following instructions are intended for regulating the issue of Commissions for recording of
evidence under provision of sub-rule (2) of Rule 4 Order XVIII of the Civil Procedure Code. These are :
(a) The Court Commissioner shall record evidence ither in writing of mechanically in presence of
party/their advocates and shall return such evidence together with his report in writing signed by him to
the with a certificate that the record is as per version of the witness.
(b) For District Court/ City Civil Court, Small Causes Court / Courts of Senior Civil Judges / Courts of
Civil Judge (Junior Division) separate panel of Court Commissioners shall be prepared by the concerned
Principal Judges. The panels shall consist of retired Judicial Officers if available, and Advocates who
have practiced for not less than 5 years and are well-versed with that work of recording evidence. The
principal Judge shall call for information from such Advocates. Who are to be empaneled as regards their
experience in conducting civil suits and should verify such information from the Court record. The panel
of Court Commissioners be notified by affixing copy of the order on Notice Board of the Court.
(c) The Court shall fix a reasonable fees for the work of Court Commissioner having regard to nature of
the work to be executed and should pass separate order as regards transportation charges and incidental
charges to be paid to the Commissioner. The fees of Court Commissioner shall not be less than Rs.250/-
per day and more than Rs. 750/- per day provided that under special circumstances the fees of the
Commissioner may be fixed at higher rate not exceeding Rs.2000/- per day of the actual work.
(d) The Court Commissioner may record demeanour of the witness /s while under examination if the
same is essential and pointed out to him by the parties or their Advocates.
(e) The Commissioner shall record objections raised by the parties to any particular question and keep
them open for decision of the Court and not to decide the same on his own.
(f) The Court shall ensure that original documents and the relevant file of the suit / judicial proceedings
are carried by the clerk nominated by the Court on deputation for execution of the Commission or atleast
by bailiff of the Civil Court who shall accompany the where the original document is produced before the
Commissioner during the court of recording evidence, the Commissioner shall acknowledge receipt
thereof and a xerox copy of such document be supplied to the opposite party and a separate note be taken
in the deposition of th witness who produce the document.
(g) If a situation as to declaring a witness hostile arises before a Commissioner recording evidence, the
concerned party shall have to obtain permission from the Court under section 154 of the Evidence Act and
it is only after grant of such permission that the Commissioner can allow a party to cross – examine his
own witness.
(h) The Court commissioner shall complete the work of recording evidence and submit his report within a
reasonable period and in any case within six (6) months.
165. (i) The order directing the issue of a commission to examine a witness should state whether the
commission is to be addressed to a Court or a lawyer or their person.
(ii) Where the witness to be examined is resident beyond the jurisdiction of the Court, the Commission
shall ordinarily be addressed to the Court within whose jurisdiction the witness resides.
(iii) When a commission is issued to a Court, the amount deposited by a party for defraying the expenses
shall also be transmitted to the Court to which the commission is issued.
(iv) On receipt of a commission issued under Order XXVI, rule 4, for the examination of a witness, the
commissioner should determine whether he will execute it at the residence of the witness, or at some
convenient place in the neighborhood of the Court, or if the commissioner be a judicial officer, whether
the witness shall attend in the Court or in the premises of the Court of such officer, proper arrangements
being made, if necessary, for the due privacy. As a rule the person to be examined should appear before
the Commissioner at the particular time and place specified in the notice issued but discretion should be
exercised in the examination of those whose attendance is ordinarily excused, such as women, persons
unable to be removed from their houses owing to old age, sickness, or other bodily infirmity, or persons
of rank exempted under section 133, Civil Procedure Code, from personal attendance in Court. In such
cases, the Commissioner should endeavor to discharge his duty with due regard to the special
circumstances and condition of the witness.
(v) While evidence should not as a rule be excluded by the Commissioner on debatable grounds, he is
nevertheless responsible for preventing abuse of the right of cross-examination and for keeping it within
reasonable limits.
(vi) When a party fails to appear on the day and at the hour fixed for examination or applies for time, the
Commissioner should proceed ex-party if he is of opinion that adjournment is sought on frivolous or
unreasonable grounds.
166. No person holding the office of Judge in any Court subordinate to the High Court shall receive a fee
for the execution of any commission for the examination of witnesses issued to him under the provisions
of the Code of Civil Procedure.
167. A Court to which a commission is sent for the examination of witnesses at the request of one party
may allow the other party if leave has been given him to join in the commission to examine his witnesses
and may allow each party to cross-examine any witness examined by the other party.
168. Commissions issued and received by a Court shall be shown in separate Registers maintained for
that purpose. Such Registers are prescribed in the Civil Manual. (Forms Nos. 2 and 3 at pages 95 Vol. II).
169. Where no remittance is received with the commission issued by another Court, inquiry should be
made with the Court which issued the commission before proceeding with the commission under Order
XXVI, rule 18 civil Procedure Code.
170. Forms for use in issuing commissions are given as Nos. 7,8,9 and 10 of Appendix H, to Schedule I
of the Code.
I. FOREIGN PROCESSES
A. SERVICE OUTSIDE INDIA
(i) General
171. The Provisions of the Civil Procedure Code as to service outside India (Order V, rules 25 and 26 ;
Order XVI, rule 8 ; Order XLVIII, rule 2) are applicable to the service of summonses to appear and
answer, notices of appeal, summonses to give evidence or produce documents and generally to all orders
notices and other documents required by the Code to be served.
172. The main provision of the Code for service outside India is that such service shall be by post. The
summons shall be forwarded to the defendant and not to a foreign official for service upon him.
173. (a) A summons should be sent by registered post and if the defendant does not appear or is not
represented, proof should be given (i) that at the time of the service the defendant ordinarily resided and
was actually residing at the foreign place in question, and (ii) that a cover correctly addressed to him,
containing the summons was posted, the postal acknowledgment being produced or annexed to the
affidavit.
(b) Service by post, while necessarily confined to cases where there exists postal communication between
the place where the Court is situate and the place in which the person to be served resides, will in practice
cover the great majority of cases and resort is not to be had to any other method for service upon persons
outside India save for sufficient reason.
(c) The principle is that, through there are other methods of service, e.g. through official channels, the
Code does not require service outside India to be made through official channels.
174. All Courts when issuing process for service outside India should take care that the time limited for
appearance or returnable date shall be such as to enable the process to be served and the person served to
do what is required of him. This applies to all forms of processes and to all method s of service.
Note .- Repeated complaints on this score have been received from foreign countries who very properly
object to their Courts or officers being asked to serve within their jurisdiction summonses to appear
before a Court in India on a date already past or otherwise impracticable. For instance, Iraq, the Straits
Settlements and Iran have suggested that the returnable date should be at least three months after the date
of the dispatch of the process. In the case of summonses and notices sent for service to places named
below, the minimum period noted against each of those places calculated from the date of posting the
summons or notice should be fixed for hearing of suits. :-
1. All stations on the Persian Gulf, except Tabriz 4 Months.
2. Tabriz 5 Months.
2 Tabriz 5Months.
3. Somali land 3 Months.
4. Uganda 3 Months.
5. Straits Settlements (Singapore) 3 Months.
6. Tanzania 4 Months.
7. Sri Lanka 2 Months.

1. All stations on the Persian Gulf, except Tabriz 4 Months.
8. Aden 2 Months.
9. Burma 2 Months.
10. Thailand 8 Months.
11. Iraq 3 Months.
12. Iran 3 Months.
(ii) In Pakistan
175. (i) When a defendant, not being a public officer, resides in Pakistan, the summons may be sent for
service on him under the first proviso to rule 25 of Order V, Schedule I Civil Procedure Code, to any
Court in that country (not being the High Court) having jurisdiction in the place where the defendant
resides.
(ii) When the defendant is a public officer in Pakistan (not belonging to the Pakistan Military, Navy or Air
Forces), the summons may be sent for service on him on the following officers, namely :-
(a) Where the defendant is a public officer serving in connection with the affairs of Pakistan or is a
servant of a Railway in Pakistan, to the Secretary to the Government of Pakistan in the Ministry of the
Interior.
(b) Where such defendant is serving in connection with the affairs of any other Government in Pakistan,
or under any local authority in Pakistan, to the Home Secretatry to that Government or, as the case may
be, to the Home Secretary to the Government within whose territory the local authority has its
jurisdiction.
(Ministry of Law Notification No. F-22-1/51-L,

dated the 1st September 1951).
176. Summons and other process issued by any Civil Court within the jurisdiction of the High Court at
Bombay for service on any person in Pakistan, may be sent direct to the Civil Court in that Country
having jurisdiction in the place where the person resides.
(iii) In other Countries
177. Clause (b) of rule 26 of Order V can be applied by the State Government to foreign countries
generally. Some foreign countries have already been notified under clause (b) of rule 26 of Order V by the
Government of India before the amendment by Adaptation of Indian Laws Order, 1937. The list of those
countries given below is till operative.
The list is as follows :-
Iraq .- All the civil and Revenue Courts (6th June 1923, Home Department Notification No. F.290-23-
Judl.).
Note .- When the correct designation of the Court concerned is unknown, the summons should to
addressed to the Iraq Ministry of Justice. Full English translations should be sent.
Kenya .- all civil Courts, (Government of India Notification, Ministry of Law, No. G.S.R.F. 17-(10)/58-J,
dated the 9th March 1962.)
Nepal .- The Courts mentioned in Home Department Notification No. F. 576-24-Judl., dated the 15th
August 1925. (See Appendix A at page 1, Vol.II)
Iran .- The civil Courts (3rd May 1928, Home Department Notification No. 840-25-Judl.)
Note .- Though the civil Courts in Iran have been notified under Order V, rule 26(b), it appears from
Home Department letters Nos. F. 864/32, dated the 30th June 1931, and F. 864/32, dated the 19th
September 1932, that summonses should not be sent by post to such Courts direct but should be sent
through the State Government to the Government of India who will transmit them to the India Embassy at
Tehran.
At least six month's time should normally be allowed for service of any legal documents through the
diplomatic channel in Iran and for the return of the documents to the Court of issue. To obviate delay in
service, the Court of issue shall indicate clearly in English the last known address of the person upon
whom service is to be effected.
Full translations in Persian of the summonses and notices issued by Indian Courts should accompany or,
in the alternative, an amount sufficient to cover the translation fee as laid down in G.R., H.D., No. 1631/3,
dated 10th July 1935.
Frances, Spain, Belgium, Portugal, Sweden, Japan, Singapore and Ceylon. - The civil Courts.
Note 1 .- Singapore. - Processes for service in Singapore should be forwarded to the Registrar of the
Supreme Court at Singapore, Penang or Malacca, as the case may be, and should be accompanied by a
sum sufficient to cover the fees for service and postage, the remittance being made by a Post office
Money Order.
Note 2 . - Sweden. - Sweden has agreed to accord reciprocal treatment to the processes issued by India
Courts, provided that the request for service is transmitted to the Ministry for Foreign Affairs in
Stockholm and the documents are drawn up in the Swedish or English language or are accompanied by a
translation in one of these languages (G.R., H.D., No. 7424/3, dated 12th February 1936).
Federation of Malaya . - The Courts possessing civil jurisdiction (Government Notification, Home
Department, No. 4529/2, dated 17th February 1938).
Johore . - The Civil Courts situate in the State of Johore (Malaya). (Government Notification, No.
2146/4-II, dated the 30th May 1940).
Union of Burma. - Any Civil Court situated in the Union of Burma. (Government of Maharashtra, Law
and Judiciary Department, Notification No. PFC. 1262/1855-J, dated the 6th December 1963).
178. Subordinate Courts should not send process of any kind for service to Consults or ambassadors or
Diplomats, Agents unless expressly provided for or permitted by any law, rule or Government order in
force.
179. Apart from the special cases provided for in Order V, rule 26, Subordinate Courts are not authorized
by the Code to send processes for service direct to any Court outside India.
Note 1. - Prima facie for the Court of one country to address directly the Court of another country is
irregular and improper and to send process for execution is even worse. Unless special arrangement has
been made between the two countries or the foreign country is known to be willing that its courts should
receive processes for service for Indian Courts directly, the only proper mode by which a Court in a
foreign country can be addressed is by a letter of request forwarded through the diplomatic channel. so far
as service of processes is concerned, the Code by directing that service be made by post upon the
individual concerned (Order V, rule 25) intends to obviate all unnecessary formality and all difficulties as
to collection etc. of costs of service.
Note 2 .- As to Thailand, if has been pointed out that the procedure laid down below shall be followed in
the issue of summonses and any other legal processes for execution in Thailand : (a) They should be
drawn up in proper form and, if not typewritten, should be written in ink; (b) they should be written in
English ; (c) full translations in English should accompany all document in regional language forming
enclosures; (d) the period of time to be allowed for execution and return of the documents to India before
the date of the next hearing should be at least eight months from their date of issue; (e) they should be
forwarded through the High Court and the State Government to the Government of India for being sent to
the Indian Embassy at Bangkok. The names and addresses of the individuals upon whom service is
desired should be stated clearly in the forwarding letter.
180. Where service is not to be effected by post under Order V, rule 25 of by transmission to a Court to
which Order V, rule 26 applies, subordinate Courts should send a Letter of Request to the foreign Court in
question, if known. If the appropriate Court is not known, the name may be left to be filled in afterwards.
It should be forwarded through the High Court and the State Government to the Government of India for
transmission through the appropriate official channel.
181. (i) Processes intended for service through official channels on individuals resident in foreign
countries shall be forwarded through the High Court to the State Government for transmission to the
Government of India for necessary action.
(ii) Such processes shall be accompanied by a explaination to the High Court of the reasons why the
service is not made by post under rule 25 of Order V. Where in the opinion of the High Court no sufficient
reason is disclosed, the process shall be returned to the issuing Court and shall not be forwarded to
Government. Such processes shall also be accompanied by a translation of all documents into the
language of the foreign country within which the service is to be made.
182. All summonses issued by the Civil Courts in this State for execution in Mauritious should always be
accompanied with a sum of Rs. 32 in order to cover the expenses of service of summons and other
incidental charges in connection therewith.
(Vide Government Letter, Home Department No. 2062/2-II-B, dated the 7th August 1929).
B. Service in territories in India to which the civil Procedure Code does not apply.
183. Section 28 of the Code provides that summonses and processes may be sent for service in another '
State' to such Court as may be prescribed by rules in force in that State. The provisions of this section also
apply to service in territories to which the Civil Procedure Code does not, in view of section 1(3), apply.
C. Service of foreign Process in the State.
184. (i) The provisions of the Code as to service within India of the processes of Courts situate beyond
the limits of India (Sections 29 and 31) apply not only to "summonses to appear and answer " (which
should be construed to include all civil citations) but also to summonses to give evidence or to produce
documents or other material objects.
(ii) Clause (a) of section 29 relates to service of summons and other processes issued by any Civil or
Revenue Court established in any part of India to which the provisions of the Code do not extend, namely,
the territories specified in clauses (a) to (d) of sub-section (3) of section 1 of Code.
(iii) The right to send summons direct to an Indian Court for service exists only if the issuing Court
outside India is a Civil or Revenue Court which is either (a) established or continued by the authority of
the Central Government; or (b) notified for this purpose in the Gazette.
(iv) As regards clause (a) of (iii) above which refers to clause (b) of section 29 Civil and Revenue Courts
in the State of Pondicherry are the only Courts outside India which are continued by the authority of the
Central Government.
[Vide Clause 4, French Establishments (Administrations) Order, 1954, issued under the Foreign
Jurisdiction Act, 1947].
(v) As regards clause (b) of (iii) above, which refers to clause (c) of section 29, the provisions of section
29 have been applied to the Courts in the following countries :-
Name of Country Number and date of Court in respect of which

Notification notification has been issued
1. Straits Settlements (now No. 244, dated 16th February All Courts.
called Singapore). 1909.
Name of Country Number and date of Court in respect of which
Notification notification has been issued
2. Sri Lanka No. 247, dated 16th February All Civil Courts
1909.
3. France No. 852-C, dated 3rd February Civil Courts.

1913.
4. Spain Do. Do.
5. Belgium Do. Do.
6. Russia Do. Do.
7. Portugal Do. Do.
8. Iraq No. F. 209-23, dated 6th June Civil and Revenue Courts.
1923.
9. Kenya No. G.S.R.F. 17-(10)/58-J, dated All Civil Courts.

the 9the March 1962.
10. Japan No. 1924, dated 25th November Do.

1920.
11. Persia (Iran) No. F. 840/25, dated 31st May Do.

1928.
12. Sweden No. G.S.R. 640, dated 22nd July All Civil Courts.
1958.
13. Nepal No. F. 576/34, dated 15th August Courts specified in the
1925. Schedule to the Notification.
14. Pakistan No. S.R.O. 1340, dated 1st Civil and Revenue Courts.
September 1951.
15. Federation of Malaya No. S.R.O. 223, dated 24th All civil Courts.
January 1956.
16. Sikkim No. G.S.R. 705, dated the 3rd High Court of Sikkim in
May 1967. exercise of its Civil
Jurisdiction. All Civil and
Revenue Courts.
Note .- In force for a period
of five years with effect from
the 3rd may 1967.
17. Union of Burma No. G.S.R. 935, dated 15th July all Civil and Revenue Courts.
1961.
18. People's Republic of No. G.S.R.F. 12(2)/74-Judl. dated All Civil and Revenue
Bangladesh. Nil. Courts.
II COMMISSIONS AND LETTERS OF REQUEST.
A. Issued at the instance of Foreign tribunals
185. Subordinate Courts are not concerned with application to take evidence for foreign tribunals as such
applications have, under Order XXVI as amended by Act X of 1932, to be made to the High Court and
subordinate courts have only to carry out any directions which the High Court may give.
Note .- Foreign consular officers and other persons sometimes apply direct to Civil Court to take such
evidence in disregard of the procedure. They should be referred to the terms of Order XXVI. Care should
be taken in any such correspondence with officers of Foreign States to address them properly and politely.
B. Taking of evidence in foreign countries for Indian Courts
186. (i) The proper course for the courts of one country to adopt in order to obtain evidence in another
country is to send letters of request (Commission regataire) addressed to the proper court in the foreign
country.
(ii) The question as to the method by which evidence could be obtained by the Indian Courts in any
foreign country is governed by (1) International courtesy, (2) the law in force of the country concerned.
Evidence can be obtained in a foreign country either by addressing a letter of request to the competent
judicial authorities of the country from which the evidence is required, or by the issue of a commission to
take evidence to some person in the foreign country concerned, for example a consular or diplomatic
officer of India abroad, to be named personally by the Indian Courts. But the issue of a commission is
only possible in a limited number of countries where the local law permits it. Necessary instructions for
taking of evidence by our Consular or Diplomatic Officers in foreign countries upon commissions issued
to them by Courts in India have been issued by the Central Government to officers belonging to the
Indian Foreign Service. A list of Foreign Service Officers is given in Appendix B at page 3 in volume II.
(iii) The Code of Civil Procedure provides for this by section 77, Order XXVI, rule 5, and form 8 in
Appendix H. It should be noted that the appointment of a foreign Court as a Commissioner is not
permissible.
187. (i) Arrangements have been made between the Government of India and the Government of Pakistan
for the examination or commission of nationals of one country as witnesses in civil cases pending in the
other country.
(ii) a list of the Courts in Pakistan to which commissions and letters or request may be issued by Courts in
India is given below :-
List of Courts in the Provinces of Sind and Baluchistan to whom commissions or letter or request can be
addressed by Courts in India.
SIND
Registrar, Chief Court of Sind, Karachi

District Judge, Hyderabad.
District Judge, Sukkar.
District Judge, Larkana.
District Judge, Nawabshah.
District Judge, Thar Parkar, Mirpurkhas.
BALUCHISTAN
(1) Court of District Judge in Baluchistan, Quetta.
BALUCHISTAN STATES UNION
(2) Court of the Wazir-i-Azam Baluchistan States Union.

List of Civil Courts in Bangladesh, Baluchistan and Baluchistan States Union to whom commissions or
letters of request can be addressed by Courts in India.
District Judges' Courts at the following places :-

1) Barisal. 8) Mymensingh.
2) Chittagong. 9) Noakhali.
3) Dacca. 10) Rajshahi.
4) Faridapur. 11) Rangpur. 5) Jessore. 12) Sylhet. 6) Pabna-Kushtia (babna). 13) Tippera (Comilla). 7)
Jinajpur-Bogra (Dinajpur). 14) Khulna.
All Sub-Judges' Courts at the following places :-
1) Barisal. 9) Bogra. 2) Chittagong. 10) Mymensing. 3) Dacca. 11) Noakhali. 4) Faridpur. 12) Rajshahi. 5)
Jessore. 13) Rangpur. 6) Dinajpur. 14) Sylhet. 7) Khushtia. 15) Comilla (Tippera) 8) Pabna. 16) Khulna.
All Munsifs' Courts at the following places :-

1) Barisal Sadar. 34) Mymensiga Sadar. 2) Perojpur. 35) Netrokona. 3) Bhola. 36) Iswarganj. 4)
Patuakhali. 37) Kishoreganj. 5) Chittagong Sadar 38) Sherpur. 6) Satkania. 39) Tangail. 7) Patiya. 40)
Jamalpur. 8) North Roazan. 41) Bajitpur.
9) South Roazan. 42) Durgapur. 10) Fatikchari. 43) Neakhali Sadar. 11) Cox' Bazar 44) Feni. 12) Dacca
Sadar. 45) Lakshmipur. 13) Narayanganj. 46) Hatiya 14) Munshiganj. 47) Sandwip 15) Manikganj. 48)
Rajshahi Sadar 16) Faridpur Sadar 49) Natore. 17) Coalonda. 50) Noagaon. . 18) Bhanga. 51)
Nowabganj. 19) Gopalganj. 52) Rangpur Sadar. 20) Madaripur 53) Kurigram. 21) Chikandi 54)
Nilphamari 22) Jessore Sadar 55) Gaibandha. 23) Narail. 56) Sylhet Sadar. 24) Magura. 57) Habibganj.
25) Jhenidah. 58) Maulvi Bazar. 26) Pabna Sadar 59) Sunamganj.
27) Serajgang. 60) Comila Sadar.
28) Kushtia. 61) Brahman Barlia. 29) Choudanga. 62) Chandpur. 30) Dinajpur Sadar. 63) Nabinagar 31)
Thakurgaon. 64) Nabinagar. 32) Pachagrah 65) Bagerhat. 33) Bogra. 66) Satkhira.
List of Courts in the Province of Punjab (P) to whom commissions or letters of request can be addressed
by Courts in India.
Name of Court Judges to whom a commission or a letter of

request can be issued.
1. District Court, Lahore, Sheikhpura. 1. District Judge, Lahore.
2. District Court, Sialkot. 2. District Judge, Sialkot.
3. District Court, Gurjanwala and Gujrat. 3. District Judge, Gurjanwala.
4. District Court, Shahpur. 4. District Judge, Shahpur at Sergondha.
5. District Court, Jhelum. 5. District Judge, Jhelum.
6. District Court, Rawalpindi. 6. District Judge, Rawalpindi.
7. District Court, Attack. 7. District Judge, Attack.
8. District Court, Mianwali. 8. District Judge, Mainwali.
9. District Court, Montgomery. 9. District Judge, Montgomery.

Name of Court Judges to whom a commission or a letter of
request can be issued.
10. District Court, Lyallpur, Jhang. 10. District Judge, Lyallpur.
11. District Court, Multan, Muzaffargarh. 11. District Judge, Multan.
12. District Court, Dera Ghazi Khan. 12. District Judge, Dera Ghazi Khan.
Lists of Courts in the North West Frontier Province to whom commissions or letters of request can be
addressed by Court in India.
Court Office to whom commission and letters of

request may be addressed.
1. Judicial Commissioner's Court, N.W.F.P., 1. Registrar, Judicial Commissioner's Court,

Peshawar. N.W.F.P., Peshawar.
2. District Court, Peshawar. 2. District Judge, Peshawar.
3. District Court, Hazara, (Abbotabad). 3. District Judge, Hazara (Abbotabad).
4. District Court, Dera Ismail Khan. 4. District Judge, Dera Ismail Khan.
List of Courts in the Khairpur State and Baluchistan State Union to whom Commissions or letters of
request can be addressed by Courts in India.
1. Khaipur State. 1. The Court of the District Judge Khairpur.
List of Courts in Bahawalpur State to whom commissions or letters of request can be addressed by Courts
in India.
1. High Court of Judicature at Baghdadul-Jadid.

2. District and Sessions Judge of Rahimyar Khan and Bahawalpur.
List of Courts in the frontier Regions and States to whom commissions or letters of request can be
addressed by Courts in India.
I MOHAMAND AGENCY
(1) The Court of the political Agent, Mohamand.
II. MALAKAND AGENCY
(i) The Court of Political Agent, Dir, Swat and Chitra Malakand.
(ii) The Court of the Additional Political Agent, Chitra.
(iii) The Court of the Assistant Political Officer, Malakand Agency, Chakdara.
III. KHYBER AGENCY
(i) The Court of the Political Agent, Khyber.

(ii) The Court of the Assistant Political Officer, Khyber.
IV. KURRAM AGENCY
(i) The Court of Political Agent, Kurram.

(ii) The Court of the Assistant Political Officer, Kurram.
V. NORTH WAZIRISTAN AGENCY
(i) The Court of the Political Agent, North Waziristan.

(ii) The Court of the Assistant Political Agent, North Waziristan.
(iii) The Court of the Assistant Political Officer, North Waziristan.
VI. SOUTH WAZIRISTAN AGENCY
(i) The Court of the Political Agent, South Waziristan.

(ii) The Court of the Assistant Political Officer, South Waziristan.
188. Evidence can be obtained in a foreign country by means of letter of request addressed to the Judicial
authorities of the country ; or by direct appointment by the Indian Court of someone in the foreign
country to take the evidence without the intervention of the local authorities. There is a third method,
made up of a combination of the other two, which however, is only available under and by virtue of
certain conventions. This method consists of sending letters of request addressed to the foreign judicial
authorities asking them to cause the evidence to be taken by a specific person designated by the Indian
Court in the letter of request.
189. The Procedure by letters of request is generally available in all countries except in the United States
of America, The United State of America prefers the appointment of a Commission and will compel the
attendance of witnesses before it. In those countries, where the only available procedure is to send a letter
of request, Foreign Service Officers should not be called upon to take evidence, and would refuse, if
asked.
190. In certain convention countries and also in certain non-convention countries, only a Foreign Service
Officer can take evidence on a direct appointment from the Court requiring the evidence. In other
countries, there is no restriction and any suitable person can be appointed for this purpose.
191. The evidence must be taken in accordance with the law an the procedure of the Court requiring it,
and when complete, should be transmitted direct to the Court by the Foreign Service Officer or other
person appointed. Foreign Service Officers, however, cannot do anything contrary to the local law.
192. The procedure by direct appointment from the Court requiring the evidence is permitted in most
countries and is generally included in the conventions. There are, however, countries in which the
procedure by letters of request alone is available.
193. When under the local law a foreign Service Officer cannot take evidence by virtue of a direct
appointment, he will refuse to act, and inform the Court or the parties of the reason, drawing attention to
the procedure by letters of request which is normally available.
194. A Court can appoint any one for taking evidence ; it is guided in its choice solely by personal
qualifications, and considerations of convenience and suitability. Except for conventions, Foreign Service
Officers may be appointed on the condition that they are allowed to appoint a deputy. The power to do
this may be provided for in the writ of commission or order appointing the Foreign Service Officer. The
power to appoint a deputy may normally be included in the order of appointment.
195. The method of issuing letters of request asking foreign tribunals to cause evidence to be taken by
person specified by the Indian Court exists only under certain conventions. Such a person should
normally be a Foreign Service Officer. The advantage is that the local authorities can compel the witness
to present himself with documents, and to make depositions which otherwise the Foreign Service Officer
cannot secure ; and the evidence can be taken according to the provisions of the Indian law.
196. Where any witness is to be examined before some person appointed for that purpose by the Court, it
is essential that the Examiner is furnished with copies of all the relevant documents which may be
necessary in order to inform him as to the questions at issue between the parties.
197. The letter of request should be drawn up by the Court desiring the service of documents and where
the proper description of the foreign judicial authority in question is not known, the letter of request
should be addressed to the Competent Judicial authority in the country concerned.
198. The letter of request in duplicate should be signed by the Judge or the Registrar of the Court and bear
the official seal of the Court. The letter of request in duplicate should state the steps to be taken and either
contain at the foot thereof a schedule of all relevant documents forming part of such letter of request or be
followed immediately by an index of such documents. The first document should give a concise summary
of the pleadings of the parties thereto. This document and the other document should be numbered or
lettered to correspond with the schedule or index mentioned above and be arranged, as far as practicable,
in chronological order. if any of the documents in the letter of request are in original, the copies appearing
in the duplicate letter of request should be certified by an official of the Court that they have been
examined and are true copies. Such certified copies should also bear the seal of the Court.
199. Two certified copies of the translation of the complete letter of request in the language of the foreign
country in which service is to be affected should always company the complete letter of request.
200. The complete letter of request in duplicate and the two certified copies of the translation should be
on strong paper and bound together so that they are all covered by the signature of the Judge and seal of
the Court and there is no possibility of the removal, substitution or addition of any sheet without breaking
the seal.
201. The letter of request of service of a summons or of interrogatory or the first document annexed
thereto should indicate clearly (a) which is the actual document (or documents) to be served and (b)
whether a special method of service is desired (as opposed to a case where any method usually employed
by the Courts of the foreign country in question will suffice). The method of service desired should also
be indicated, viz., that one copy of the documents to be served should be left with the intended recpient
that a certificate of service by the process served should be written on the copy of the documents to be
served ; that the recipient should be asked to sign a copy of the document served, etc., as the case may be.
202. A letter of request for service of an interrogatory should be accompanied by specific interrogations
and cross-interrogations, if any.
203. The interrogatory with the cross-interrogatory, if any, should be arranged in proper sequence in the
letter of request and in the certified copies of the translation. Instead of enclosing interrogatories, the
letter of request may request that the local agents of the parties to the proceeding, whose nanes and
addresses should be given, should be permitted to appear at the examination of the witness and ask or
submit to the foreign judicial authority the questions which they desire to put.
204. the full names, description, and addresses of the intended witnesses should be given n the letter of
request or in the 'first document' referred to in paragraph 198.
205. (i) A letter of request should in all cases be accompained by its translation in the language of the
foreign court to which it is addressed. All accompanying documents should be similarly translated in that
language. If the commission is to be executed by a Foreign Service Officer, such documents should, if
they are in a language other than English, be translated in English. If a person to be served or whose
evidence is to be taken knows English, the translation of the accompanying documents in foreign
language may be dispensed with. all translation should be sent in duplicate.
It is not feasible to translate the letter of request or its accompanying documents in the foreign language
in question, a request should be made to the office of the Indian representative of the foreign country
concerned for getting the documents translated. The costs of such translations will have to be borne by the
party concerned. such costs should first be ascertained by the Court and remitted to the office of the
Indian representative.
(ii) a list of all the documents should in every case accompany the papers.
(iii) When it is not possible to ascertain the particular foreign Court to which the letter of request should
be addressed, the name of the Court may be left blank so as to be filled in by the Indian representative in
the foreign country.
(iv) It is to be noticed that in letters of request it is not proper to fix a day for the return of the evidence.
When it is known that neither party proposes to attend at the taking of the evidence, this should be stated
in the covering letter forwarding the letter of request, as it may avoid delay.
(v) Neither commissions nor letter of request should be ordered to issue abroad unless there is sufficient*
time for the execution to be completed before the hearing of the cause or mater in which the evidence is
to be used.
206. (1) Order XXVI, rule 15, enables the Court to require a party to deposit such amount as would be
adequate for the purpose of execution of a commission or a letter of request, which should be slightly
higher than the amount likely to be paid to the foreign Court.
(2) In the case of a commission or a letter of request issued to a Court in Pakistan, the Court should obtain
a bank draft in the name of the Court concerned in Pakistan for the amount required to defray the
expenses in connection with the execution of the commission or letter of request and send it direct to the
Court concerned in Pakistan.
(3) The above procedure should be followed for remitting fees for execution of commissions and letters
of request in other foreign countries. The permission of the Reserve Bank of India should be obtained for
remitting money to the foreign country in question by making an application to any of the offices of the
Reserve Bank.
(4) The deposits should be taken in the Central Section of Government accounts to a separate minor head,
" Deposits for Service of Legal documents in other countries" under the major head "Civil Deposits" in
the Section "S-Deposits and Advances".
207. The following statement showing the approximate cost required for the execution of letters of
request, commission, etc., in foreign countries should be taken as a rough guide for considering the
adequacy of the deposit. In regard to the countries which are not included in the statement, a sum of Rs.
200 is considered to be an adequate deposit subject to the amount being adjusted when the actual charges
are known. Each individual case may be dealt with on merits and with reference to the nature and volume
of work required to be performed.
STATEMENT
Mission Deposit required Mission Deposit required
Ethiopia 200 Buenos Ayres 200
New York 700 Port Louis 150
Dacca 300 Aden 60
London 350 Indo China 400

Mission Deposit required Mission Deposit required
Pondicherry 150 Canberra (Tasmania) 100
Canada 750 Canberra (South Australia) 500
Cape Town 100 Canberra (Victoria) 100
Singapore 100 Canberra (Queensland) 200
Washington 700
Suva 250
208. The channel for letters of request is as follows :-

(a) The High Court,
(b) The State Government,
(c) The Ministry of External Affairs and Commonwealth Relations of the Government of India.
209. The letter of request and the accompanying documents should be in the following order :-
(a) letter of request.
(b) Index of documents in English [if not included in (a)]. This must be complete, that is to say every
document which is contained in the bundle and follows the letter of request must be separately specified
together with its serial or page number, and either every documents must bear a serial number
corresponding to the number given to it in the index, or all the documents following the letter of request
must be paged consecutively. Moreover, all numbers appearing at the top or foot of any page of the
documents other than the number (if any) assigned to that page in the index should be deleted.
(c) Narrative of facts[if not included in (a)].
(d) Interrogatories, cross-interrogatories and re-interrogatories. These should contain the same description
of witness as appears in the letter of request.
(e) Other documents, in chronological order, accompanying the letter of request.
(f) translations of (a) to (e) inclusive where necessary arranged in the same order and each one of them
properly certified by an official of the Court as true translations.
(g) Duplicates of (a) to (f) inclusive arranged in the same order and each one of them properly certified by
an official of the Court as true copies.
210. Letters of request and accompanying documents intended for transmission to foreign countries
through diplomatic channels should be sewn together in a stout paper cover down the left-hand side, the
ends of the silk, tape or thread with which they are sewn being brought out on the front cover, and the
ends sealed with the seal of the Court.
211. (i) Where the party at whose instance the letters are issued is represented in the foreign country by an
agent who can apply to the foreign Court, the letters may be given to such party for transmission to such
agent but as it is difficult for Indian Courts to make certain that the practice of the foreign Court is to
receive letters of request so produced before it, this procedure is not advised.
(ii) In the case of Brazil, however, this method is understood to be obligatory. The party's agent at Rio de
Janeiro presents the letters to the Ministry of Justice.
212. All letters of request, covering letters and translations should be type-written
C. Particular Countries
213. England .- (i) In England there is no objection to the Courts of any other country appointing
whomsoever they may choose as an examiner or Commissioner to take evidence, but such an
appointment carries no compulsory powers.
(ii) If the assistance of the English Courts is required, the procedure is under the Foreign Tribunals
Evidence Act, 1856, and the rules are to be found in Order 37, rules 54-60 of the Rules of the Supreme
Court.
(iii) (a) In simple cases not involving great expenditure of time or money, (b) where it is not possible for
the parties to appoint agents in England, (c) where a letter of request has been transmitted through the
diplomatic channel and (d) is accompanied by detailed interrogatories or explanations of points to be
enquired into and of the issues in the cause-the Court in England may, upon an application by the
Treasury Solicitor, appoint an examiner and compel the attendance of witness.
(iv) But in all ordinary cases, the Court must be moved by an agent of one of the parties, in which cases a
certificate of the foreign country's diplomatic representative will suffice in lieu of a letter of request, or
the letter of request may be produced by the party's agent without being sent through the diplomatic
channel.
(v) These rules (Cf. rule 59 of Order 37, Rules of the Supreme Court) apply as far as may be to India and
to applications under the Evidence by Commission Act, 1959 (22 Vic., Chap. 20).
214. The following rules should be observed in regard to commissions to be executed in and transmission
of letters of request to the United Kingdom :-
(1) For the execution of a commission, costs have to be incurred amounting to about £ 25, if it is non-
contentious.
(2) In cases in which the Central Government or a State Government is interested, the High
Commissioner for India in the United Kingdom will pay the expenses and debit the same to the Central
Government or the State Government concerned.
(3) When the commission or letter of request is at the instance of a private party and routed through the
Government of India. Ministry of External Affairs, the party interested will have to bear the expenses.
Arrangements in such cases will be made for execution of the documents only if the sum of £ 25 sterling
is deposited by the party in favour of the High Commissioner for India in the United Kingdom and the
draft in question is sent to the Ministry of External affairs along with the documents. The party interested
should also undertake to pay any excess over £ 25 if the expenses exceed £ 25.
The commission or letter of request and interrogatories both for the purposes of examination and cross-
examination should be prepared neatly and on good paper. All these documents should be sent to the
Ministry of External affairs in duplicate in a sealed cover.
215. United states of America.- Evidence of witnesses in U.S.A. can be obtained only by issuing
commissions addressed to the appropriate Foreign Service Officer. They are to be addressed to the Indian
representative at New York so far as his Consular District consisting of States of New York, Connecticut
and the Northern half of New Jersey, is concerned. As regards witnesses residing elsewhere in the United
States of America, if the Court issuing the commission is unable to ascertain which Foreign Service
Officer has jurisdiction in the State where the witnesses reside, the commission should be addressed to the
Foreign Service Officer for the State concerned and the Government of India will forward the
commission to the Foreign Service Officer at New York requesting him to transmit it to the Foreign
Service Officer having jurisdiction. If it is desired to take the evidence of witnesses who reside both
within and outside the particular Consular District, the commission should be made out substantially in
following terms :-
The Indian Representative, at ..................... or his deputy with power to appoint any other person or
persons whom he may deem fit to take the evidence on interrogatories which accompany this commission
and vice voce of such witness to be examined at ..................... and / or at ......................
A deposit of one hundred dollars should accompany the commission for the cost of service. Such
commissions should be forwarded through the High Court and the State Government to the Government
of India who will transmit them to the Foreign Service Officer concerned.
216. Japan .- (i) Reciprocal arrangements have been made between India and Japan for the execution of
letters of requests as well as for service of legal processes. They have to be forwarded through the High
Court and State Government to the Government of India. The Government of India will forward them
direct to the Indian Embassy at Tokyo.
(ii) Adequate sums for expenses must be recovered under rule 15 of Order XXVI, Civil Procedure Code,
and deposited in the treasury before the letter is forwarded to the High Court and the covering letter
should state the amount deposited. The Government of India have guaranteed to Japan the cost involved
in the execution of letter so request. A translation of all documents into Japanese should be sent with the
papers. The documents should be drawn up separately for each of the Japanese Courts in whose
jurisdiction witnesses reside and detailed particulars as to name, nationality and residence of the witnesses
are insisted on.
217. Thailand .- (i) Letters of request shall be addressed to the High Court of the Justice, Bangkok (or
other Court having jurisdiction) for the formal taking of evidence on commission. They have to be sent
through the Ministry of External Affairs, Government of India and the Thai Foreign Office and other
methods are regarded as irregular.
(ii) The letter of request addressed to the High Court of the Justice, Bangkok has to be forwarded through
the High Court and the State Government to the Government of India.
(iii) It should be borne in mind that the Court language being Thai, in ordinary circumstances, the Courts
there only receive requests in the Thai language. It is, therefore, advisable that the letter and
interrogatories should be accompanied by a translation in Thai.
(iv) In conformity with the requirements of the Thai Ministry of Justice relative to the service in Thailand
of writs or summonses issued by foreign Courts, what is required is not the original writ or copy thereof,
but a notice or certificate that the writ has been issued.
218. Iran. - Letters of request issued by Courts in India for execution in Iran are to be transmitted through
the High Court and State Government to the Government of India who will pass them on to the Indian
Embassy at Teheran.
Note 1 .- Letters of request should formally be addressed to the Iranian Ministry of Justice and forwarded
to the Government of India along with the list of interrogatories for transmission to Teheran.
Note 2 .- Letters of request or interrogatories for service in Iran should be accompanied by translation in
Persian or by translation fee as laid down below :-
(i) For making or verifying a translation of a document for every 100 wards or fraction thereof exclusive
of fee or certificate 7/6 plus 25 per cent - 9/6.
(ii) For granting any certificate not otherwise provided for, if not exceeding 100 wards exclusive of fee
for drawing 10 plus 25 per cent = 12/6.
219. Indonesia .- If the Court requests on the covering letter, the Indian Representative at Batavia will
arrange for translation into English of Dutch depostions and will intimate the cost (G.R., H.D., No.
4846/3, dated 21st October 1937).
220. Iraq .- Indian Courts are free to send processes for service to the Iraq Ministry of Justice direct. All
judicial documents should be accompanied by a separate letter. Such documents should be accompanied
by an English translation. If, for any particular reason which should be stated in each case, it is considered
necessary to transmit the documents to the Iraqi authorities through the Indian Embassy at Bagdad, they
should be sent through the State Government to the Government of India who will forward them to the
Embassy.
221. Federation of Malaya.- In case where an Indian Court desires to obtain evidence in the Federation of
Malaya, it should issue a commission instead of a letter of request, and send it direct to the Court
concerned. The commission should be written in the English language or, if not so written, should be
accompanied by a translation in English. the Court sending a commission should transmit or arrange to
deposit such some of money as may be reasonable necessary for the expenses of executing the
commission. The scale of fees and expenses payable in connection with the execution of commission is
given below :-
1. Affidavit 1.50
2. Originating Summons 1.50
3. Order of Judge 1.50
4. Upon giving an appointment to take an examination under section 393 of the 15.00
Federation of Malaya States Civil Procedure Code.
5. For every witness sworn and examined under section 393 of the Federation of 5.00
Malaya States Civil Procedure Code for each hour or part of an hour.
6. Certificate of Registrar 1.50
7. Transport (according to the distance of the residence of witness).
8. Subsistence allowance (according to the status of the witness).
Note .- Items 1 and 2 will not be required if no agent is appointed in the Federation of Malaya
Summonses can be sent by Indian Courts direct to the Courts in the Federation of Malaya.
222. Summonses issued by Indian Courts and intended for residents in South Africa should be sent to the
Supreme Court, South Africa through the State Government and the Government of India in the Ministry
of Home Affairs.
The returnable date to be specified in the summons should be such as to allow sufficient time for service
and return to India of the document before the next hearing of the suit. The period to be allowed should
ordinarily be not less than six months.
The charges for the service of summonses will be the actual charges incurred by the Courts in South
Africa. The particulars of the fees ordinarily charged by the Courts in the Union of South Africa are as
given below :-
Provinces Fee for service Travelling allowance (per Radius (from deputy
mile or fraction of a mile) sheriffs office) within
which no transport
allowances allowed
Cape 5 Civil matters 1/6d. Criminal 3 miles.

matter 1/
Orange Free State 6/3 1/3d. 1 miles.
Natal 5 2 (for outward journey only). 1 miles.
Transval 7 1/3d. 3 miles.
CHAPTER IX
DESPATCH OF COURT BUSINESS
223. For the prompt and effective disposal of judicial business, the following suggestions are made :-
(a) The Presiding Judge should personally fix all the dates in the proceedings and should not leave the
matter to the Bench Clerk.
(b) When fixing dates for the appearance of persons summoned, attention should be paid to the provisions
of rule 6 of Order V and rule 9 of Order XVI, Civil Procedure Code.
(c) In fixing the Daily Board, due regard should be had to the complexity of the suit, the period for which
it has been pending and the time expected to be available for its hearing.
The Presiding Officer of the Court should also make a rough estimate as to the period required for the
disposal of each portion of work. He should keep a margin for contingencies like collapse of the board by
reason of unforeseen and unavoidable adjournments or compromises etc.
(d) The dates for final hearing of suits should be fixed after informal consultation with the lawyers,
preferably when issues are framed, as to the time the final hearing is likely to occupy.
(e) Apart from the division of suits into Small Causes Suits and Regular Suits, the latter should be further
divided into (a) Short Causes and (b) Long Causes. In the first would fall uncontested suits and other suits
of simple character and in the latter, seriously contested or complicated suits. It should be possible for the
Presiding Judge to place a suit in its appropriate category upon consideration of the pleadings and issues
in the case. Short cause suits would include suits for maintenance, suits under section 9 of the Specific
Relief Act, Suits instituted under rule 58(5) of Order XXI of the Code of Civil Procedure, Petitions under
the Payments of Wages Act, Workmen's Compensation Act, Hindu Marriage Act, And Succession Act.
The category of the suit should be indicated in the sheet on which issues have been scribed by noting in
the top right hand corner the letter 'S' or 'L' according as the suit belongs to the first or the second
category. It will, however, be in the discretion of the Judge to transfer a suit from one category to the
other.
(f) In Courts in which exclusively civil work is done, the first four days should ordinarily be set apart for
the trial of long cause, one day for the trial of short causes and small cause suits and for dealing with
interlocutory and miscellaneous matters and one day for execution work. While distributing the work in
this manner, care should be taken to ensure that there is adequate work for each day of the week. it would,
of course, be open to the Judge to modify that pattern according to the state of the file in his Court. It is
also open to him to hear, upon a motion, urgent matters on any day of the week.
(g) If, after the issues are framed and matters preliminary to the trial are attended to, it is found that no
day for hearing is available within the next 3 months, the case should be entered on the sine die list until
such time as a day is available for hearing it. The Judge should however pass order in writing for placing
such case on the sine die list. The list must be carefully examined by the Judge every week so as to see
that the case in it are set down for hearing as days become available.
When the Judge finds it practicable to fix a day for hearing of such suit he should do so after due
intimation to the lawyers concerned or to the parties if they are unrepresented.
(h) All suits and other matters requiring judicial orders and cases in which judgments are to be delivered
should be shown on the Notice Board. Even suits and proceedings in which only formal orders are
required should be notified.
(i) If for any reason contested and uncontested work is fixed for the same day, the Judge should first go
through the whole list of the day, dispose of all uncontested work, and then take up contested work.
(j) The Judge should endeavour, as a general rule, to dispose of a suit according to its age, to be
determined by the date of institution. He should also bear in mind the mark 'S' or 'L' shown on the corner
of the issue sheet.
(k) Every Judge proceeding on leave, for whom no locum tenens has been appointed, should before his
departure adjourn all cases set down for hearing during the period of his absence, and should, as far as
possible give notice of the adjournments to all parties or the lawyers concerned when necessary.
224. Subject to the instructions contained in paragraph 223 above, the Courts doing exclusively Civil
work should also adopt the Evidence Block System, for the proper implementation of which the following
instructions are given :-
In Courts in which exclusively Civil Work is done, an unbroken block of sufficient number of working
days, commencing from the first working day of each month, should be allotted, in each month,
exclusively for evidence cases except that work of a minor character which does not claim much of the
time may be fixed along with evidence. At the time of fixing the block, the advocates and pleaders
appearing in the cases or the parties must be warned that the cases will go on from day to day until all
evidence is taken. During the rest of the days of the month, work relating to (1) Preliminary matters in
Long Causes, Short Causes and Small Causes Suits, (2) interlocutory miscellaneous matters and (3)
execution should be fixed. While distributing work in this manner, care should be taken to ensure that
there is adequate work for each day of the month.
A case fixed for evidence should not be adjourned except for very strong reasons and only when justice
demands it. In every case, the reasons must be stated in the Roznama and in the Written Order granting an
adjournment.
225. Attention of the Courts is invited to the provisions of Rule 4 (4) and Rule 4-A of Order XXII of the
Code of Civil Procedure regarding bringing on record the legal representatives of deceased parties. These
provisions may be kept in view by the Courts for the purpose of expeditious bearing of the suit.
226. (i) All suits, appeals or applications for the prosecution or defence of which persons in the service of
Government, Officers in the Army or soldiers have obtained leave of absence, should be disposed of as
soon as they are ripe for hearing, irrespective of the order in which they may stand on the register, and as
speedly as may be consistent with the due administration of justice.
(ii) When an officer or soldier has obtained leave of absence for the purpose of instituting or defending a
suit, appeal or application, and the case cannot be decided within the period of his leave, he should, if he
so requests, be furnished with a certificate stating the extension of leave that may be necessary.
(iii) On the subject of litigant Indian Soldiers, the attention of the Civil Judges is invited to the Indian
Soldiers (Litigation) Act, 1925, and the Rules framed by the Central Government under Government of
Indian Notification, Defence Department, No.455, dated the 14th May 1938, published at pages 1376-
1980, of the Bombay Government Gazette for 1938, Part IV-A to section 5 of the Indian Limitation Act,
1908, and to the Bombay Amendment of rule 28 of Order V, under section 122 of the Code of Civil
Procedure, 1908.
(iv) On the subject of litigant Indian Seaman, the attention of Civil Judges is invited to the Indian Soldiers
(Litigation) Act, 1925, and also to the Indian Seamen (Litigation) Rules, 1944 framed by the Central
Government and published under Government of India Notification, War Department, Navy Branch, Part-
B, No.709, dated the 6th May 1944, at pages 622-623 of the Gazette of India, Part-I, to section 5 of the
Indian Limitation Act, 1908, and to the Bombay Amendment of rule 28 of Order V, under section 122 of
the Code of Civil Procedure.
227. The Senior Judge of a Court should not transfer the bulk of the heavy cases to a Joint District Judge
and keep the bulk of the light ones for his own disposal.
228. When a Civil Judge of a Court is deputed to another Court to render assistance to relieve the
congestion, he should be given the lighter and more congenial work, the old and tough suits being tackled
by the original judge. The deputed Judge should not be regarded as a drudge sent to relieve the original
Judge of work which the latter has been unable (or unwilling) to do for himself; rather the deputation
should be regarded as enabling the original Judge, without losing ground to dispose of the difficult and
contested suits which he could not have afforded to tackle but for the assistance given.
229. (i) It appears that in some original suits the parties still abstain from coming forward as witnesses on
their own behalf to substantiate by their own evidence on solemn affirmation the statements of fact on
which they respectively ask the Court to give judgment in their favor. The non-appearance in the witness
box of a party in support of his own allegation of facts within his own knowledge, would ordinarily be
regarded, in the absence of some satisfactory explanation, as throwing grade doubt on the bona fides of
the case.
(ii) The practice of calling the opponent in the case as one's own witness has been condemned by the
Privy Council.
230. All preliminary matters should, as far as possible, be disposed of before the date fixed for trial. Such
preliminary matters include, for example, the proof of facts by affidavit, the issue and return of
commissions for making plans, or for examining witnesses, etc., and all matters connected with the
discovery and inspection of documents.
231. On the completion of the interlocutory stage, it will generally be convenient to fix an early date
called the "settling date" for giving lists of witnesses and paying the necessary process-fee and expenses.
On that date, information which would enable the Court to make an estimate of the probable length of
trial should be obtained and a date should be fixed for recording evidence.
232. In Courts of Judges, who are doing both Civil and Criminal work, some days should be set apart
exclusively for criminal work and some days for civil work.
233. When a suit assigned for disposal by a Civil Judge of the Senior Division to his Joint Civil Judge of
the Junior Division is found by the letter to be beyond his pecuniary jurisdiction, he should request his
District Judge to transfer the suit administratively to the Civil Judge of the Senior Division, and not return
the plaint to the Plaintiff for being judicially presented tot the proper Court or return it to the Civil Judge
of the Senior Division.
234. Attention of the Civil Courts is invited to sub-rule (2) of rule 1 in Order XVII, which provides for
awarding costs on account of adjournments and to the proviso thereto containing the statutory guidelines
for the grant of adjournments.
The Judge should bear in mind that the arguments, if heard soon after the close of evidence, take less time
than the arguments advanced after long interval and that, therefore, the arguments should be heard soon
after the close of evidence.
The Courts should, in exercise of their powers, see to it that the Advocates do not take Court's time for
advancing unduly lengthly arguments before them.
235. Ordinarily, the adjournment costs should be out of proportion to the value of the claim in suit nor
should they be inordinately low. They should be adequate to compensate the party affected by the
adjournment.
236. The attention of the Courts is directed to the provision of rule 6, Order V and rule 9 of Order XVI,
Civil Procedure Code, when fixing dates for the appearance of parties. The responsibility for fixing a date
is that of the Judge alone and should not be delegated to any of the Court officials. He should make an
estimate of the time each case will take so as to ensure, so far as practicable , that the work fixed for a
particular day will be done during the course of that day.
237. During the absence of Judge, dates may have to be fixed or adjournments granted by a Court official.
The Judge should, on return to duty, satisfy himself that proper dates were fixed and that the
adjournments were properly granted.
238. The grant of adjournment is a matter within the discretion of the Court. The Court is not ordinarily
bound to grant an adjournment and, before granting it, should usually require reasons to be stated unless it
makes an adjournment of its own motion.
Adjournments are sometimes granted by Civil Judges to the plaintiff or defendant merely because the
other side does not object with the result that the duration of the suit in which such adjournments are
granted is unduly and unnecessarily protracted. Such a practice is deprecated.
239. The Presiding Officer should be strict in granting adjournments. More Convenience of the lawyer or
of the Presiding Officer is not a sufficient ground for granting an adjournment.
Wherever two lawyers appear for a party in a Civil Suit, appeal or other proceeding, no adjournment
should ordinarily be granted on the ground that either of them is engaged in some other Court.
240. (i) When an adjournment is sought with a view to effect a compromise, the Court should exercise, its
discretion with caution. An adjournment should not, as a rule, be granted unless the Court has reason to
believe that there is every likelihood of a compromise being effected.
(ii) If an adjournment with a view to compromise is granted on a date fixed for evidence, the Court should
take particular care to see that the witnesses in attendance are not discharged, but are dieted for the next
hearing. This will avoid an unnecessary further adjournment for re-summoning the witnesses and will
enable the parties to proceed with their evidence in case the parties fail to come to terms. Repeated
adjournments to allow compromise should not be granted. It is preferable to grant adequate time for
negotiations and make the adjournment final. However, further short adjournment may be given if the
Court is satisfied that though the compromise has not been effected, it is imminent.
241. A party has no right to an adjournment merely because it has filed a petition for revision and has
applied or intends to apply to the High Court for stay. The automatic grant of adjournments in such cases
encourages the filing of petitions for revision of interlocutory order solely for purpose of delay.
242. A party is not entitled as of right to an adjournment because the witnesses who have been summoned
have not appeared. Further, where witnesses have appeared but for any reason the trial cannot be
proceeded with, their convenience should be borne in mind when adjourning the case.
243. When processes are returned unserved a considerable time before the date fixed for hearing, it should
be the duty of the Nazir to give out the processes for re-service if there is sufficient time before the
hearing. General instructions should be issued to lawyers that they should ascertain a week before the date
of hearing which of the processes are returned unserved, and then ask for the services of a special process
server to have them served at once. If they fail to do so, the parties should not be allowed to apply for a
fresh service on the date of hearing.
244. When a party applies for a process or deposits the diet money too late to allow the witness being
served in time to reach the Court on the day fixed for hearing, no adjournment should ordinarily be
granted to give the party a second opportunity to produce the witness. If a party fails to produce a witness
whom he has undertaken to produce on a particular day, he should not ordinarily be given a second
opportunity to produce him.
245. A list of cases in which the plaintiff as his lawyer omits for a month to apply for a fresh summons to
a defendant should be brought up in Court to prevent their being lost sight of, and with a view to the
plaintiffs or their lawyers being reminded of the necessity of taking the requisite steps.
246. After the examination of witnesses has begun, adjournments, if found necessary, should be from day
to day or for very short intervals. Otherwise, the Court might have to determine cases on evidence and
impressions, which have been partially forgotten. If the disposal of a suit is to be satisfactory, it must be
on a consideration of evidence which is as fresh in the mind of the Judge as may be possible.
247. Arguments should be heard immediately after the evidence closes and a case, unless it is long and
complicated should not as a rule, be adjourned for arguments after all evidence has been adduced. If any
adjournment is necessary, reasons should be recorded by the presiding Judge and it should never be fore
any but a very brief period. Arguments should not, except for good reasons, be heard piecemeal and
where it is found necessary to adjourn a case for the hearing of further arguments, the adjournment should
ordinarily be to the next working day.
248. Ordinarily, the judgments should be delivered immediately after the arguments are heard and in
every case within fifteen days of the completion of arguments.
249. A case once closed and adjourned for arguments should never be permitted to be reopened by
allowing parties to produce evidence unless for good cause clearly established to the satisfaction of the
Judge.
CHAPTER X
TRIAL OF SUITS
The case to be opened
250. Attention of the Presiding Officers is invited to the provisions of rule 1 to 3 of Order XIX of Code of
Civil Procedure. 1908, empowering the Courts to order any point of formal nature to be proved by
affidavit instead of by oral evidence subject to the conditions contained in the said Rules.
251. (1) The Court should enforce the rule as to "opening" a case. When the parties have their oral
evidence ready, the law directs (Order XVIII, rule 2) that the party having the right to begin should state
his case, and produce his evidence in support of the issues which he is bound to prove. The other party
has then to state his case, and produce his evidence, if any, and may then address the Court generally on
the whole case, the party beginning being permitted to reply generally.
(2) It is absolutely necessary that the case should be opened in order that time may be saved. It is essential
that the evidence of each side should be preceded by a brief and clear statements of the case to be made
out, showing the exact nature of the claim, the facts to be established by the evidence which will be
adduced, the general character and bearing of that evidence, the names of witnesses to be examined and a
clear statement of any proposition of law involved. The case stated in the opening must be in accordance
with the party's pleadings for no litigant can be allowed to make at the trial a case different from that
which he has pleaded and of which only his adversary has notice.
(3) In complicated suits, the Judge should make brief notes of the case stated in the opening and keep
them on the record.
Examination of Witnesses
252. (i) According to rule 2 of Order XVIII, Civil Procedure Code, the parties shall produce their
evidence, if any, on the day fixed for hearing of the suit. The Court may, for the reasons to be recorded,
direct or permit any party to examine any witness at any stage.
(ii) While issuing commissions for the examination of witnesses, the Courts should see that a direction is
given to ensure that the work of recording and certifying evidence of the parties concerned is done within
the time which should be fixed or prescribed by the Court according to requirements.
(iii) The attention of the Civil Courts is invited to rule 3-A of Order XVIII of the Civil Procedure Code,
according to which, where a party himself wishes to appear as a witness, he shall so appear before any
other witness on his behalf has been examined, unless the Court, for the reasons to be recorded permits
him to appear as him own witness at a later stage.
(iv) All witnesses should give their evidence from the witness-box. A witness should normally stand when
giving evidence, but a chair should be provided in the witness-box, upon which may witness may sit on
receiving permission of the Presiding Judge. The permission should be given on valid grounds, such as
the witness's health or the likelihood that his evidence will occupy a long time etc.
253. The attention of Courts is drawn to the provisions of Order XVIII, rule 4, that witnesses are to be
examined in open Court. The power under section 30(c) (and see Order XIX, rule 1) to order any
particular fact or facts to be proved by affidavit or the reading of an affidavit of any witness at the
hearing, should be exercised only in special circumstances or, as that rule declares "for sufficient reason".
Which should always be specified in the order ; there can be no general order for the admission of
affidavits in suits or appeals.
254. (1) The standard forms provided should be used for recording depositions as it is important to record
the name, description and residence of the witness sufficiently to prevent any subsequent mistake as to his
identity.
(2) The deposition of each witness should be recorded on a separate sheet and in the manner prescribed in
Order XVIII of the Civil Procedure Code. It is illegal and improper to record the deposition of one
witness at length and to enter against the names of other witnesses " stated as above ". Deposition should
be recorded in the first person.
(3) The evidence of witnesses shall be recorded in the language of the Court, i.e. in Marathi beyond the
limits of Greater Bombay and in English within the limits of Greater Bombay.
The notes of evidence recorded by the Presiding Officers shall be in English where evidence is not given
in English. Where evidence is not given in English but all the parties who appear in person, and the
pleaders of such of the parties as appear by pleaders, do not object to having such evidence being taken
down in English, the Judge may take down, or cause to be taken down, such evidence in English.
(4) In deposition recorded in English, the use of words or phrase in regional language (not being
technical, revenue or law terms) should be avoided if there is a satisfactory and corresponding English
equivalent. If a word in the origional language is used, its nearest English equivalent should be added in
brackets. It is often necessary to know in what sense a Court is using a tern in the regional language,
Similarly, Indian dates should be followed in brackets by their equivalents according to the Gregorian
Calendar. While recording the evidence the number of the exhibit of document should invariably be
mentioned against the documents referred to in the body of the deposition itself.
(5) Each deposition should be signed (not merely initialed) by the Presiding Officer, who should add to
his signature at least the initials indicating his official designation, so that the deposition may be complete
in itself. He shall also sign a certificate at the foot of each deposition to the effect that it has been
'Recorded in my presence.' Every correction in the deposition should be initialed by the Judge.
(6) All Judges should record memorandum of evidence in English in all cases and proceedings.
If the evidence is recorded in the language different from the one in which it is given by the witness and
the witness does not understand the language in which it is recorded, it shall be read over and interpreted
to the witnesses in the language in which it is given by the witness.
(7) The Judge should compare the memorandum of substance of the deposition made by him under Order
XVIII, rule 8 of the Civil Procedure Code with the deposition recorded in the regional language when it is
read out in open Court and see that none of the statements contained in the memorandum are omitted
from the record of the deposition made in the regional language.
(8) It is important that the whole of the evidence given by each witness should appear in one place, and
not scattered at intervals through the record. Therefore, when a witness is for any reason, recalled and
further examined, after the close of his original deposition, such further examination should appear as a
continuation of the original deposition, being headed as follows, for the sake of distinction :
Recalled for further examination on this (here enter the date) after the (here show the stage of the
proceedings immediately preceding the recall of the witness, e.g., if the first witness for the plaintiff is
recalled after the tenth, the entry would be)" 10th witness for the plaintiff".
(9) Care should be taken to make deposition clear and precise. Vagueness should be avoided. In particular,
different words or phrases should not be used in different parts of the deposition to describe the same
objects and documents. A person should be referred to in a consistent manner, e.g., he should not be
referred to by his family name at one place and by his personal name at another.
255. (1) The imperative language used in sections 5, 60, 64, 136 and 165, Indian Evidence Act, indicates
that a Court should, whether objection to evidence is or is not raised by any party, compel observance of
the law.
(2) When a witness is being cross-examined, the Judge should guide himself by the provisions of sections
146, 148, 151 and 152 of the Evidence Act, and disallow any question which appears to him to be
improper. He should see that such is not made of trifling discrepancies, that the examination is not
protracted beyond reasonable limits even if the questions put be relevant, and that the witness is not
subjected to questions, which merely invite repetition of the story, which he has already given in his
examination-in-chief, in the hope that he will change it in the process. In this connection section 136 of
the Evidence Act, should be borne in mind, as it empowers the Judge to ask a party proposing to give
evidence in what manner the alleged fact, if proved, will be relevant. The Cross-examiner must not be
allowed to bully or take unfair advantage of the witness.
(3) While it is necessary for the Judge to check random and pointless questioning, he should be careful
not to frustrate a skilful cross examination by interposing when the drift of the questions is not
immediately apparent and some questions are repeated. He should endeavour to follow the line and
purpose of the cross-examination closely and should only ask the examiner to explain relevancy of a line
of enquiry when it apparently has no bearing upon the case.
(4) A witness may be questioned in cross-examination not only on the subject of enquiry but upon any
other subject, however remote for the purpose of testing the credibility, his memory, his means of
knowledge, or his accuracy. The moment it appears that a question is being asked which does not bear
upon the issue or give promise or helping the Court to estimate the value of the witness 'testimony' it is
the duty of the Court to interfere as well to protect the witness from what then becomes an injustice or
insult as to prevent the time of the Court from being wasted. The Court should also prevent any evidence
being given to contradict a witness in contravention of section 153 of the Evidence Act.
256. It is essential that the Presiding Officers should not play an altogether passive role, but must take
great interest and elicit such information as may be helpful in finding truth. Particularly, the should
control the examination-in-chief, cross-examination and examination of witnesses and try to check the
tendency to rove and over prove unessential allegations, so as to prevent much time being taken up in
eliciting and recording unessential particulars to which no references can usefully be made in argument.
They should also exercise control when questions, that are uncalled for, harassing or slanderous, are put
in cross-examination.
257. (1) When remarks as to the demeanour of a witness are made, it is convenient to enter them at the
foot of his deposition or of the Judges memorandum of his evidence .
(2) When any question is objected to, and the Court disallows it, or allows it to be put, the objection and
the Court's decision and the other particulars required by rule 11 of Order XVIII of the Civil Procedure
Code may be noted in the body of the deposition or memorandum of evidence.
258. Typewriter may be used by a Judge for recording depositions and memoranda of evidence, but every
sheet of any depositions or memoranda of evidence so recorded shall be signed by the Judge recording it.
259. Form No. 5 of Appendix H of Schedule I may be used for listing documents produced by a witness.
A witness may apply orally for the return of documents produced by him. After returning a document
which has been entered on the record, a receipt should be taken (see paragraph 527), and where it is
returned at any time earlier than that prescribed by rule 9 of Order XIII, a certified copy or extract thereof
should also be taken as required by that rule.
260. Where a witness gives evidence in a language not understood by the Court, the presiding Judge is
authorised to employ a interpreter to interpret the evidence and pay him for his services any reasonable
sum not exceeding Rs. 30 per diem the cost being borne by the party calling the witness in the first
instance and being charged as cost in the suit.
Local Inspection
261. Local inspections should be rarely undertaken by Courts and particularly by appellate Courts. It is
the duty of the parties to put forward in evidence lucid plans of such detail and accuracy as to render
inspection unnecessary and it is for the trial Judge to see that the parties discharge this duty and do not
seek to escape by suggesting inspection.
262. Where inspection is found necessary, the proper rule should be as follows : When the inspection is
undertaken at the instance o the parties and is at a place which is within easy distance of headquarters, the
party desiring it must arrange for the conveyance of the Judge, who, before he accedes to the suggestion,
should ordinarily arrange to hold the inspection outside Court hours.
263. Where such inspection involves absence from Court or from headquarters, the Civil Judge should
inform the District Judge of the circumstances, which render inspection necessary and obtain the previous
sanction of the District Judge to his absence from his Headquarters on the particular date. The lawyer, at
whose instance the inspection is undertaken, should be responsible for arranging for the conveyance of
the Civil Judge. Ordinarily, the District Judge should not interfere with the judicial discretion of the Civil
Judge regarding the necessity for inspection.
264. (i) The costs of an inspection which requires a Civil Judge to leave his headquarters must be
deposited by the party in Court and cannot be received by the Civil Judge direct from the party. He can,
however, reimburse himself in respect of the expenses incurred by him by submitting a T.A. Bill to the
District Judge as permitted by the Rules.
The amount deposited shall be first credited in the Register of Deposit Receipts in Form 'C' and after the
inspection is over, the amount incurred for the inspection shall be debited in the said account and credited
to Government under the head 'XVII-Administration of Justice' and the balance of the amount of deposit,
if any, shall be refunded to the party depositing the amount.
(ii) The expenses incurred by the party for this purpose shall be included in the bill of costs.
265. Where the Judge considers it necessary to make a local inspection even though the parties do not
move him and are not willing to arrange for it, it is open to the Judge (if a Civil Judge, with the previous
sanction of the District Judge) to make the inspection at Government expense.
266. It is necessary for the Judge to make notes of local inspection so that the parties as well as the
Appellate Court may know what facts were noticed, by the Judge and what impressions were formed by
him.
CHAPTER XI
JUDGMENT, DECREE AND TAXATION OF COSTS
Judgment and Decree
267. The attention of the Courts is drawn to section 33, and rules 1 to 5 and 5-A of Order XX of the Code
of Civil Procedure, 1908, as amended by Act No. 104 of 1976 containing the detailed directions in regard
to the pronouncement of judgments.
It should particularly be borne in mind that the judgment should be pronounced in open Court and the
date on which the judgment is to be pronounced should be notified.
The Judge should separately endorse the date of his actually signing the transcript of the judgment.
268. All judgments and orders should be [ either written in English or Marathi in Moffussil Courts [up to
an inclusive of District Courts]. All judgments and proceedings should be written only on foolscap paper,
leaving one quarter margin of the sheet blank.
269. Every judgment should be prepared, duly numbered.
270. When a judgment or order is type-written, every sheet should bear the intitials of the Judge.
271. Where Indian dates are mentioned in judgments, the corresponding dates according to the Gregorian
Calendar should be added. The use of words regional language should be avoided in judgments when
English equivalents of such words can be used without detriment to the sense. If a word in regional
language is used, its nearest English equivalent should be added in brackets.
272. A Judge should not hand over charge on transfer till he has disposed of all cases awaiting judgments.
If he cannot do so within the time available before his departure, he should report to the District Judge
who may retain him for a short period after obtaining the sanction from the High Court or the
Government, as the case may be.
273. When a Civil Judge works at two places for some time alternatively, he may pronounce his judgment
or order at either place with the assent of the parties at the close of the hearing.
274. Judgments should ordinarily be shown to Reporters of the local press on request although it is within
the discretion of the Court concerned not to show them to such Reporters in any particular case or cases.
275. With reference to section 26 of the Bombay Public Trusts Act, 1950, Civil Courts shall append a
certificate in the following form to judgments in proceedings decided under that Act:
"Certified that a copy of the above decision has been forwarded to the Charity Commissioner, Bombay,
under section 26 of the Bombay Public Trusts Act, 1950, and that a copy of the communication has been
kept with the record of the proceedings."
276. (i) The rule 6-A, Order XX of the Code of Civil Procedure, 1908, as amended by Act No. 104 of
1976, directs that the Court shall make every endeavor to ensure that the decree is drawn up as
expeditiously as possible, and, in any case, within 15 days from the date on which the judgment is
pronounced, but where a decree cannot be drawn up accordingly, the Court shall certify that the decree
has not been drawn up, indicating in the certificate the reasons for the delay and on an application for a
copy of only last paragraph of the judgment for the purpose of an appeal or execution of decree, a copy of
such last paragraph of the judgment, indicating the name and address of all the parties to the suit, shall be
furnished. As soon as a decree is drawn up, the last paragraph of the judgment shall cease to have the
effect of a decree.
(ii) The Code requires that the decree shall agree with the judgment. Rules 6, 6-A and 7 state in general
what the decree should contain. There are other provisions in Order XX which give directions as to the
contents of the decree in specific cases. Appendix 'D' of Schedule I to the Code of Civil Procedure, 1908,
contains Forms Nos. 1 to 22 from which an appropriate Form should be used for drawing up the correct
decree. Although the Forms do not mention all the particulars which may be embodied in the decree, it is
desirable to follow the practice of incorporating the whole plaint in the decree in a regular suit excluding
the money suits, In money suits, while drawing up the decree, the whole of the plaint should not be
reproduced. The decree shall, however, be in conformity with the requirements of Order XX of rule 6 of
the Civil Procedure Code, 1908, as applicable to the state of Maharashtra, and should in any event contain
the following namely :-
(a) Name of the Court and the number of the Suit.

(b) Names and description of the parties.
(c) Particulars and nature of the claim and the relief granted.
(d) Date of decision.
(e) Specify clearly the amount found payable by the judgment-debtor indicating the breadkup into
principal and interest awarded and also give details or particulars of future interest as also costs of the suit
; and
(f) Bill of costs as usual.
277. Where the suit is settled by compromise or disposed of in any other way in which the plaintiff is
entitled to refund of court-fees, the decree or the Bill ofCosts should be prepared showing the amount of
Court Fess which the Plaintiff is entitled to and further showing that amount as ' Cost not allowed '
irrespective of the fact whether the plaintiff or his advocate collects the refund certificate or not. The fact
that the certificate of refund of Court-fees has been issued should be noted in the suit register
simultaneously.
278. In cases in which lawyers are employed, it is their duty to see that decrees and final Order are
properly drawn up in conformity with the terms of the judgment, and every facility should be given to
them for that purpose and for being heard on the subject in case of doubt and difficulty. Except in the
Courts of Small Causes at Nagpur and Pune, the lawyers should be required to affix their signatures to the
decrees before they are signed by the Judges. Where any lawyer has not signed the decree, the cause of
his failure or refusal to sign should be certified on the decree.
279. (i) the decree shall be drawn up as expeditiously as possible and, in any case, within 15 days from
the date on which the judgment is pronounced, and due intimation shall be given to the lawyers or their
clerks in cases where parties are represented by lawyers. But where the decree cannot be drawn up
accordingly, the Court shall, on the request of the parties, desirous of appealing against the decree, certify
that the decree has not been drawn up, indicating the reasons for the same.
Provided that in special or complicated cases, this time may, for reasons to be recorded in writing in the
Roznama, be extended by the Presiding Judge.
(ii) The lawyers concerned shall, unless prevented by just or proper cause, sign the decree in token of
their approval or file a statement of their objections to the decree as drawn up within four days from the
date of the intimation. Where the lawyers fails to sign the decree or file the statements of their objections
within the said time, without just or proper cause, the fact may be mentioned in the Roznama and the
Presiding Judge may sign the decree although it is not signed by the lawyers.
(iii) The Presiding Judge should ordinarily sign the decree after disposing of the objections, if any, within
15 days from the date of the pronouncement of the judgment.
280. In every case arising under Special Acts, whenever a party applies for a copy of an order of the
Courts with a view to filing and appeal or Revision Petition against it to the superior Court, the order
should be formally drawn up before furnishing a copy thereof to the party.
281. (i) According to rule 294 of the Bombay Motor Vehicles Rules 1959 as amended by G.N., H.D., No.
MVA 5960/35835-XII, dated the 18th November 1969 (M.G.G. Part-IV-A, page 1209) and read with
section 111-A(c) of the Motor Vehicles Act 1939 (4 of 1939) the Claims Tribunal shall exercise all or any
of the powers vested in the Civil Court under the following provisions of Civil Procedure Code in so far
as they are applicable :-
Section 30, 32, 35, 35-A, 75(a) and (c) 76, 77, 94, 95, 132, 133, 144, 145, 147, 148, 149, 151, 152 and
153 and subject to the provisions of section 110 E :--
(ii) The Claims Tribunal constituted for any area outside Greater Bombay shall exercise all the powers of
the Court of Civil Judge, Senior Division, for the purpose of execution of any award for compensation
made by it as if the award is decree for the payment of decree made in a suit by any such Court.
(iii) The Claims Tribunal for Greater Bombay shall exercise all the powers of the City Civil Court where
an amount of compensation awarded by it does not exceed Rs. 25,000 and where the compensation
awarded exceeds Rs. 25,000 the Claims Tribunal shall exercise all the powers of the High Court for the
purpose of execution of the award, as if the award is decree for payment of decree made in a suit by the
City Civil Court or the High Court as the case may be.
(iv) In Land Acquisition cases and in the matters of execution of orders passed in land acquisition cases
and in the matters of execution of Orders passed in a applications for restitutions under section 144 of the
Civil Procedure Code, the decree need not be drawn up. However, this does not dispense with the
requirement of preparation of bill of costs.
282. Under Order XX, rule 7, Civil Procedure Code, every decree shall bear the date on which the
judgment was pronounced. As questions regarding the time requisite for obtaining a copy of the decree
may involve ascertaining the date of signature by the Judge, this date should be written by the Judge
below his signature.
283. It is the duty of the Officer or clerk who draws up the decree to go through the proceedings and
apportion the costs in accordance with the orders as to costs, if any, made by the Court during the course
of the proceedings, and to enter in the bill of costs the number of the exhibits of which costs are taxed and
the costs taxed on each.
In addition to the above the costs may be awarded in accordance with the Rules made by the High Court
under Order XXA, rule 2 as reported in paragraph 284 below.
A Bill of Costs should be drawn up when final orders are passed on interim applications at the instance of
the party desiring to go in appeal or revision against it. These bills should be taken into account while
drawing up the final bill of costs in decrees.
Discretion of Court to award costs of certain items.
284. The Court may at the time of decree if claimed may also award costs in respect of the items
mentioned below.
Expenditure of Notice
(I) If notice is given through an advocate the Court may grant advocates fees not exceeding Rs. 50
depending upon the nature of the claim in addition to actual postal charges.
Typing and printing charges
(II) The Court may award costs towards typing, writing or printing of pleading an amount equal to the
copying fee as is leviable as copying fee only for copies issued by the Court under the Rules for the time
being.
Inspection
(III) The Court shall grant actual costs paid to the Court under the Rules for inspection.
Witnesses
(IV) In respect of witnesses not summoned the Court may grant costs same as summoned witnesses
except the process fees.
Copies of Judgments and decrees in appeals
(V) In case of appeals, charges incurred by a party for obtaining any copies of judgments and decrees
which are required to be filed along with the memorandum of appeal, the Court shall grant actual costs
paid or payable for the certified copies.
285. In cases in which a party is entitled to refund of Court-fees under section 43 of the Bombay Court-
fees Act, 1959, the judgment or order of the Court regarding costs should contain a clear direction as to
the exclusion the refundable Court-fees from the amount of costs.
286. (i) In the suits, wherein the Court passes an order of payment of the amount of Court-fees and the
costs of the Government under rules 10, 11, 11-A and 16, the Civil Court shall incorporate such order in
the decree passed in the suit or appeal and the copy of such decree shall forthwith be forwarded to the
Collector for recovery of the amount of Court-fees and costs of the Government, as laid down in rule 14
of Order XXXIII of C. P. C. through the Government Pleader or the Sub-Government Pleader, as the case
may be.
(ii) Whenever the provisions of section 13 of the Bombay Court-fees Act, 1959, so require, copies of
decrees in suits to which that section applies should be sent to the Collector.
287. According to rule 14, Order XXXIII of the Code of Civil Procedure, the Court shall forthwith
forward a copy of the decree or order passed under rules 10, 11 and 11-A to the Collector, through the
Government pleader or Sub-Government Pleader, for the recovery of the amount of Court-fees specified
therein from the person or property liable for the payment as if it were an arrear of land revenue.
288. Both preliminary and final decrees should be noted in the Register of Suits.
CHAPTER XII
SUITS BY OR AGAINST SPECIAL CLASSES OF PERSONS
Minors
289. (i) The law in regard to suits by or against minors is contained in Order XXXII, Civil Procedure
Code, and the attention of the Court is particularly drawn to the provisions of rules 3 and 4 thereof. Where
the minor is the plaintiff, there is generally no difficulty as the next friend is mentioned in the plaint.
When, however, the minor is a defendant, difficulties sometimes arise. It must be borne in mind that a suit
cannot proceed against a minor unless a guardian-ad-litem is appointed for him. It is, therefore, the, the
duty of the plaintiff to take the necessary steps for securing the appointment of a proper guardian-ad-litem
for the minor and incur necessary expenses for the purpose.
(ii) In order to enable the court to issue the notice in Form No.11, Appendix H, Schedule I, on the proper
person mentioned in sub-rule (4) of Rule 3 of Order XXXII, an application for the appointment of a
guardian-ad-litem should state whether there is any guardian appointed or declared by a competent
authority, and when there is no such guardian, who the natural guardian of the minor is, or in whose care
minor lives.
Attention is invited to the provision of Sub-Rule (4-A) of Rule (3) of Order XXXII, which provides that if
the Court thinks it necessary, it may issue notice under Sub-rule (4) of Rule 3 of Order XXXII to the
minor also in appropriate form.
(iii) But no person can, without his consent, be appointed as guardian-ad-litem (sub-rule (3) of rule 4).
Therefore, it is essential to ascertain whether the person found suitable to act as guardian-ad-l item is
willing. For this purpose, a notice in Form No. 1.k page 95 Volume II, is prescribed.
(iv) The Form No. 1, at page 95 Volume II, is for use in ascertaining the consent of the person suggested
as guardian-ad-litem of the minor defendant, as required by Order XXXII, rule 4, sub-rule (3).
(v) This notice should be served on the person described in sub-rule (4) of rule 3, in all cases. The Judge
should do what lies in his power to obtain a guardian-ad-litem who will defend the interests of the minor.
(vi) Notice in Form No. 11 of Appendix H, Schedule I of the Code is an invitation to the person described
in sub-rule (4) of rule 3 of Order XXXII to volunteer to be the guardian-ad-litem. Broadly speaking, two
classes of cases arise :-
First, where the plaintiff himself proposes that such person should be the guardian-ad-litem.
Second, where the plaintiff proposes that some other person should be the guardian-ad-litem.
In the second case, the interests of the minor may require that the person proposed by the plaintiff should
not be appointed and that the person described in sub-rule (4) of rule 3 should instead be appointed
guardian-ad-litem.
(vii) The Court shall proceed to appoint a guardian-ad-litem after hearing any objection that may be urged
by any of the persons served with a notice. If the proposed guardian does not appear and give his consent,
as required by law, or if he appears to be unsuitable for any reason, or there is no other fit person willing
to act as guardian-ad-litem, the Court may appoint any of its own officers to be such guardian.
290. (i) When an officer of the Court is appointed guardian-ad-litem, he should communicate with the
minor, if in his view the minor is able to give him useful information, and/or with the minor's relatives in
order to ascertain what the defence ought to be; and at the hearing he should appear and explain to the
Court what steps he has taken.
(ii) The Court is empowered by sub-rule (4) of rule 4 of Order XXXII to arrange for the necessary funds
to enable an officer of the Court who has been appointed guardian-ad-litem of a minor's interest to
communicate with the minor or his relatives and to ascertain and substantiate the defence. The Court may,
when necessary, call on the plaintiff or any of the parties to pay such expenses beforehand.
(iii) When an officer of the Court has been appointed a guardian-ad-litem, he shall, before the disposal of
the suit, submit to the Court a true account of the expenses incurred and of the moneys received by him
and the matter shall be adjusted in accordance with the final order passed in the suit in respect of costs.
291. The Judge should make a separate order in Form No. 2 at page 96 of Volume II appointing a
guardian-ad-litem and not merely have the appointment recorded in the Rozanama.
292. (i) The guardian-ad-litem shall file his registered address, as required by the Bombay Amendment of
rule 14-A of Order VI under section 122 of Civil Procedure Code.
(ii) After the appointment of a guardian-ad-litem, all processes in the suit or subsequent proceedings
should be served on the guardian and not on the minor.
(iii) The foregoing paragraphs 289 to 291 (i) and (ii) apply mutatis mutandis to the guardians of minor
respondents.
Indigent Persons
293. (i) According to the provisions of Order XXXIII read with Bombay Amendment of rule 1 of Order
XXXIII under section 122 of the Civil Procedure Code, a person shall be deemed to be an indigent person
if he is not possessed of means exceeding Rs. 1,000 in value or where he is possessed of means exceeding
Rs. 1,000 in value, the same are not sufficient to enable him to pay fees prescribed by law for the plaint.
In this case, the means which a person is possessed of, shall be deemed not to include property exempt
from attachment in execution of a decree and the subject matter of the suit.
(ii) Where a person, who is permitted to sue or defend as an indigent person, is not represented, by an
advocate, the Court may, if the circumstances of the case so require, assign an Advocate to him. The
assignment of such an advocate shall be subject to the terms and conditions contained in the “Assignment
of a Pleader to an unrepresented Indigent Persons (Maharashtra) Rules, 1977”, for the purpose of
proceedings under Order XXXIII of the Code of Civil Procedure.
Legal Aid to the Indigent Persons (Maharashtra) Rules, 1977
294. In exercise of powers conferred by sub-rule (2) of rule 9-A of Order XXXIII of the Code of Civil
Procedure, 1908, the High Court of Judicature at Bombay, with the previous approval of the Government
of Maharashtra, makes the following Rules for assignment of a Pleader to an unrepresented indigent
persons.
1. Short title and commencement.--These Rules may be called Àssignment of a Pleader to an

unrepresented indigent person( Maharashtra Rules, 1977'.)
(a) “High Court” means the High Court of Judicature at Bombay.

(b) “Pleaders Assigned “ means a pleader assigned under these rules to represent an indigent person .
(c) “Panel” means list of Pleaders prepared and maintained under these rules.
(d) “Constituting Authority” means the authority empowered under these rules to constitute the panel.
3. The authority referred to in column No. 1 below shall constitute a panel of Pleaders willing to appear
for an unrepresented indigent person in Civil Proceedings in Courts referred to in column No. 2 against
them :
Name of the Constituting Authority Name of the Court for which panel to be
constituted
1 2
Name of the Constituting Authority Name of the Court for which panel to be
constituted
1. Prothonotary and Senior Master, High Court, High Court, Original Side, Bombay.
Original Side, Bombay.
2. Registrar, High Court, Appellate Side, Bombay High Court, Appellate Side, Bombay.
3. Additional Registrar ,Nagpur. Bench Nagpur. High Court Bench at Nagpur.
4. Additional Registrar Aurangabad Bench at High Court ,Bench at Aurangabad.

Aurangabad.
5. Special Officer , Panaji Bench at Panaji High Court ,Bench at Panaji.
6. District Judge Court at District Headquarters.
7. Principal Judge ,Bombay City Civil Court . Bombay City Civil Court
8. Chief Judge , Small Cause Court, Bombay . Small Clause Court Bombay.
9. Senior Most Judge at the Station. For Courts outside District Headquarter.
Provided that the panel constituted by the Senior most Judge outside the District Headquarters shall be
subject to the previous approval of the District Judge.
4. The constituting authority shall prepare the panel in consultation with the President of the Bar
Association, if any, and if there be no Bar Association, in consultation with the members of the Bar
Practising in the Court for which panel is constituted.
5. Eligibility.--A Pleader with a standing of not less than three years at the Bar shall be eligible for being
taken on the panel.
6. Removal.--The constituting authority may strike off the name of a Pleader from the panel when the
Pleader ceases to practise due to any reason or when he intimates his unwillingness in writing under rule
15 or when the constituting authority finds that the Pleader, after, accepting an engagement, neglects or
refuses to discharge his duties. Before striking off a name for neglect or refusing to discharge duties
properly, the Constituting Authority shall give an opportunity to the Pleader to be heard.
7. Revision of Panel.--The constituting Authority may add to the panel names of Pleaders after following
the procedure referred to in rule 4 as and when it deems necessary to do so.
8. When a Pleader is to be assigned to an unrepresented indigent person, such assignment shall be made
from out of the panel by the Court concerned.
9. The Pleader assigned shall not refuse assistance to the indigent person, unless he satisfies the Court that
he has good reasons for so refusing.
10. The Court may for sufficient reasons permit the pleader assigned, to withdraw from the proceeding
and assign another Pleader to represent the indigent person. On such permission for withdrawal being
granted, the Pleader originally assigned shall hand over the papers relating to the proceedings to the
pleader assigned subsequently.
11. The Court or Constituting Authority at any time, if deemed proper, may call for a report from the
pleader assigned, regarding the progress of the suit or proceedings entrusted to him.
12. The pleader assigned shall take care that no notice is served, summons issued or petition presented
without good cause in prosecution of the indigent person's cause.
13. Whilst a person sues or defends as an indigent person, the pleader assigned shall not take or agree to
take or seek to obtain from him or any other person any fee, profit or reward for the conduct of his
business in the Court, provided that notwithstanding anything herein contained, the Court or a Judge shall
have power to award costs against the adverse party or out of the property recovered in the suit and to
direct payment thereof to the pleader assigned.
14. The Pleader assigned the case under these rules shall be paid the fees in various Courts at the rates
mentioned below :--
(a) in all legal proceedings in the High Court at Rs. 50 per day subject to a maximum of Rs. 150 in
Bombay and its Benches at Nagpur, Aurangabad any one case.
and Panaji, and in City Civil Court in Bombay.
(b) in all proceedings in Courts at District Rs. 25 per day subject to a maximum of Rs. 100 in
Headquarters and in Small Causes Courts in any one case.
Bombay, Pune and Nagpur.
(c) in all proceeding in Courts in Taluka Rs. 15 per day subject to a maximum of Rs. 50 in
any one case.
The expenditure on this account shall be met from budget grants sanctioned under budget head “214-
Administration of Justice-Legal Advisers and Counsels M(i) and M(ii).
15. Intimation of unwillingness to continue on panel.-- The pleader taken on the panel may, if he so
desires, intimate in writing his unwillingness to continue to be on the panel and on receipt of such
intimation, his name shall be deleted from the panel provided that Constituting Authority may request the
pleader assigned to continue to represent the indigent person in matter or matters already assigned.
(Vide High Court Notification N. P. 0106/77, dated the 19th August, 1980)
295. According to new rule 1-A of Order XXXIII of the Civil Procedure Code, as amended by Act 104 of
1976, every inquiry into the question whether or not a person is an indigent person shall be made, in the
first instance, by the Chief Ministerial Officer of the Court, unless the Court otherwise directs, and the
Court may adopt the report of the said officer as its own finding or may itself make inquiry into the
question.
296. It shall be the duty of the Pleader who may be assigned to a person permitted to sue or defend as an
indigent person, to take care that no notice is served, summonses issued, or petition presented without
good case, and to report to the Court every six months the progress of the suit or matter.
297. A Pleader appointed to represent an indigent person shall not take or agree to take, or seek to obtain
from him, any fee, profit or reward, for the conduct of his case in the Court. The Court shall, however,
have power to award costs against the adverse party or out of the property recovered in the suit and to
direct the payment thereof to the pleader appointed to represent an indigent person. If such pleader
accepts any fee, profit or reward except as aforesaid, he shall be guilty of misconduct.
298. The Clerks of the Courts are directed to inform every person presenting an application for leave to
sue or defend in forma pauperis that he may avail himself of the free legal aid service of a lawyer under
Paragraphs 293 to 297 above. The Clerk of the Court should make an endorsement on every such
application to the effect that the party presenting it was informed of the said provisions.
299. The law as regards indigent persons is contained in Order XXXIII. Applications for permission to
file a suit in forma pauperis are to be presented to the Court by the applicant in person, unless he is
exempted from appearing in Court, in which case it may be presented by an authorised agent. Such
application should contain the particulars mentioned in rule 2 of Order XXXIII. The application must
bear the requisite court-fee stamp, and the applicant must pay the process fee required for issuing notice
under rule 6 of Order XXXIII. After application is granted, it should be registered as a suit. The plaintiff
is exempted from payment of Court-fee on the plaint, vakalatnama, petition or proceeding connected with
the suit, or fees payable for the service of process.
300. Where the Court passes a decree or order for payment of court-fees under rules 10, 11, 11-A of Order
XXXIII and rules 14 and 14-A (Bombay amendment under section 122) of Order XXXIII, a copy of the
decree or order shall be forwarded forthwith to the Collector for recovery of the amount of court-fees.
Suits against Princes, Chiefs, Ambassadors and Envoys
301. The law on this subject is contained in sections 86, 87, 87-A and 87-B of the Code.
Suits concerning family
302. Without prejudice to the generality in regard to the suits and proceedings concerning the family, the
provisions of Order XXXII-A shall in particular apply to all suits or proceedings (except those subject to a
special law) :--
(a) for matrimonial relief or for declaration as to the validity of a marriage or as to the matrimonial status
of any person, or
(b) for declaration as to the legitimacy of any person, or
(c) as to the guardianship of a person or the custody of any minor or other member of the family, under a
disability, or
(d) for maintenance.
(e) as to the validity or effect of an adoption, or
(f) by a member of the family as to wills, intestacy and succession, or
(g) as to the family matter subject to their personal law.
In this connection, the Civil Courts shall bear in mind the following statutory instructions specifically
while passing the orders from time to time :--
(a) If either party so desires the Court, on being convinced, shall hold the proceedings in such matters in
camera. The Court shall endeavor, in the first instance, where it is possible to do so consistent with the
nature and circumstances of the case; to assist the parties in arriving at the settlement in respect of
subject-matter of the suit ;
(b) If, at any stage it appears to the Court that there is reasonable possibility of settlement between the
parties, the Court may adjourn the proceeding for such period as it thinks fit to enable attempts to be
made to effect such settlement;
(c) If shall be open to the Court to secure services of such person (preferably a woman, where available),
whether related to the parties or not, including a person professionally engaged in promoting the welfare
of the family, as the Court may thing fit for the purpose of assisting the Court in effecting the settlement
of the dispute between the parties;
(d) It shall be the duty of the Court to inquire, so far, as it reasonably can, into the facts alleged by the
plaintiff and into any facts alleged by the defendant;
(e) The meaning of the expression “family” for the purpose of order XXXII-A has been made clear in rule
6 of the Order.
CHAPTER XIII
MORTGAGE SUITS
303. The following are the rules made by the High Court under section 104 of the Transfer of Property
Act :--
I. In these rules, unless there is something repugnant in the subject or context, “mortgagor” includes every
person entitled under a decree or otherwise to redeem the mortgaged property;
and
“mortgagee” includes every person entitled under a decree or otherwise to the rights of the mortgagee.
II. A mortgagor making a deposit or a payment into Court under Chapter IV of the Act shall file a verified
petition stating the facts of the case.
III. Unless otherwise ordered, the mortgagor shall, in addition to the amount due, deposit or pay into
Court a sum sufficient to provide for,---
(a) The mortgagee's costs of obtaining payment out of Court;

(b) The mortgagee's costs, when the payment is made under section 83 of the Act, of executing or
registering (1) a re-conveyance in the case of an English mortgage, or (2) an acknowledgment of the
discharge of the mortgage in other cases,
(c) The interest of which the mortgagee may be entitled under the 2nd paragraph of section 84 of the Act.
IV. If the mortgagor, before or at the time of the institution of the suit, tenders or deposits the amounts due
on the mortgage, or such amount as is not substantially deficient in the opinion of the Court, he shall not
be ordered to pay the costs of the suit to the mortgagee.
V. Where in a suit for foreclosure, the mortgagor has before or at the time of the institution of the suit,
tendered or deposited the sum due on the mortgage, or such sum as is not substantially deficient in the
opinion of the Court, the Court shall direct the mortgagee to pay to mortgagor mesne profits for the period
beginning with the institution of the suit.
VI. The Court by endorsement on the mortgagor's petition may order the deposit or payment to be
received by the Nazir. Such order shall specify the several sums to be deposited or paid and the purpose
for which each sum is intended.
VII. The mortgagor's petition shall be entered in the Register of Miscellaneous Applications requiring
judicial enquiry.
VIII. Unless the mortgagee has already put in his appearance, the Court shall issue a notice of the deposit
or payment to the mortgagee requiring him to deposit in Court on a day to be fixed by it all documents in
his possession or power relating to the mortgaged property and also the mortgage deed when such
payment is made under section 83 of the Act.
IX. Subject to the provision of section 102 of the Act, the notice shall be served and its service shall be
proved in the manner prescribed by the Code of Civil Procedure and Civil Manual.
X. Every application by a mortgagee to obtain payment of money out of Court shall be made by a verified
petition accompanied by such of the documents mentioned in rule VI as have not been deposited in Court
and, when necessary, by a draft deed of re-conveyance of the mortgaged property or acknowledgment of
discharge of the mortgage, as the case may be.
XI. A mortgagee applying for payment of money deposited under section 83 of the Act, shall be required,
if in possession, to deliver up possession of the mortgaged property to the mortgagor. No payment shall
be made to the mortgagee unless he has handed over possession and executed a deed of re-conveyance or
acknowledgment as the case may be.
XII. Every enforceable order under section 83 may be enforced under the provisions of the Code of Civil
Procedure and shall for that purpose be deemed to have been made in a suit instituted under that Code.
XIII. The provisions hereinbefore contained as to a mortgagor and mortgagee shall, so far as may be,
respectively apply to the owner of immovable property, subject to a charge (as defined in section 100 of
the Act) and the person having such charge.
CHAPTER XIV
PROCEEDINGS UNDER THE INDIAN SUCCESSION ACT, 1925

AND BOMBAY REGULATION VII OF 1827.
304. Attention is invited to Government Notification No. 5861, dated the 25 th October 1890, issued under
section 26(1) of the Succession Certificate Act (VII of 1889), and printed at page 1259 of the Bombay
Local Rules and Orders under Central Acts, Volume I, 1953 edition, under which all Civil Judges in this
State have for the purpose of the said Act been invested with the function of a District Court. The
Notification has also the effect of investing Civil Judges with the power to hear applications made under
section 2 of Bombay Regulation, VIII of 1827.
Although the Succession Certificate Act, 1889, has been repealed, the Notification dated 25 th October
1890, remains in force by virtue of section 24 of the General Clauses Act, 1897.
Applications under section 2 of Regulation VIII of 1827 can be entertained by Civil Judges directly or
when transferred to them by the District Judges.
305. (i) Under section 265 of the Indian Succession Act, 1925, the High Court has appointed all Civil
Judges to act for the District Judge as delegates to grant probate and letters of administration in non-
contentious cases arising within the local limits of their respective jurisdiction.
(ii) In exercise of the powers conferred by section 28-A(1) of the Bombay Civil Courts Act (XIV of
1869), the High Court has invested all Civil Judges (Senior Division), with all the powers of a District
Judge to take cognizance of any contested proceeding under Indian Succession Act, 1925, arising within
the local limits of their respective jurisdiction that may be transferred to them by their respective District
Judges.
(iii) In exercise of the powers conferred by section 28-A(1) of the Bombay Civil Court Act, (XIV of
1869), the High Court has invested all Civil Judges (Junior Division) with all the powers of a District
Judge in the matter of issuing Succession Certificate limited to debts and securities to the extent of their
pecuniary jurisdiction.
306. The attention of all Judges is invited to the provisions of section 291 of the Indian Succession Act,
1925. The Judges should always take security before granting letters of administration so that any failure
to comply with the requirements of that section may not lead to unfortunate results.
In every application for the grant of limited letters of administration durante-minor hatante, the applicant
should state the minor's age. Such a statement shall be verified by an affidavit.
307. The stamp duty for certificates issued under the Indian Succession Act, 1925, should be levied on the
market value of the properties and not on the face value. Before issuing the certificate, the Judge should
ascertain what the market value of the properties is and recover the duty on such value. He should for this
purpose insist on a affidavit and make such other enquiry as may be necessary. The certificates should be
issued in the form set forth in Schedule VIII of the Act. The last column of the form should be correctly
filled in.
308. Probate Duty should always be taken in the form of Court-Fee Stamps. The Courts should not under
any circumstances accept cash in payment of such duty.
309. Before passing an order for the grant of Letters of Administration, probates and the like, the Judge
should, when necessary, require the production of the certificate of the Controller of Estate Duty, as
required by section 56 of the Estate Duty Act, 1953.
310. Certain forms which have been drawn up for use under the Indian Succession Act, XXXIX of 1925,
are given at pages 97 and 98 of Volume II of the Civil Manual.
311. Notwithstanding any provisions to the contrary in Bombay Regulation VIII of 1827, certain
provisions of Part X of the Indian Succession Act, 1925, are, by section 390 of that Act, made applicable
to applications for certificates and certificates granted under the said Regulation.
312. The following note should be appended to certificates given under Bombay Regulation No. VIII of
1827 :
“ The person, to whom this certificate is granted, or his representative, is required, within six months from
the date of this certificate, or within such further time as the Court may from time to time appoint, to
exhibit in Cort a full and true inventory of all the property and credits in his possession under this
certificate, and also, within one year from the same date or within such further time as the Court may
from time to time appoint, to render to the Court a true account of the said property and credits, showing
the assets which have come to his hands and the manner in which they have been applied or disposed of.”
313. The following form may be used for an order to a person to whom a certificate has been granted or
to his representative, to render accounts, etc :-
Application No. ____ of _________ in the District Court of ___ residing at ______ Taluka _______
District is hereby informed that whereas a certificate under Bombay Regulation VIII of 1827 has been
granted to you by this Court on _____ 19____ on your said application No. ___ of 19 ____ and whereas
you have not exhibited in Court within the prescribed periods a full and true inventory of all the property
and credits in our possession or a true account of the said property and credits showing the assets, which
have been applied or disposed of, as required by the foot-note appended to the said certificate, you are
hereby required to produce the said inventory and true account in this Court on ______ 19 ___.
If you fail to do this, you will be liable to punishment under section 176 of the Indian Penal Code, in
accordance with sections 317 and 390 of the Indian Succession Act, XXXIX of 1925.
District Judge.
Civil.
Dated.
314. When an administrator is appointed under section 10 of Regulation VIII of 1827, a proclamation in
the Form contained in Appendix C of the said Regulation shall be prepared by the Nazir and issued under
the signature and seal of the Judge.
315. Whenever an administrator is appointed under the aforesaid section 10, he shall, before entering
upon the execution of his office, give security in a sum to be fixed by the Judge for the faithfully
discharge of his trust as an administrator.
316. The Nazir, or any other person who is appointed an administrator of intestate property under
Regulation VIII of 1827 shall receive no remuneration either until the estate is made over to a claimant
under clause (3) or until it is sold and the proceeds are deposited in the Public Treasury under clause (4)
of section 10 of the said Regulation. When he parts with the custody of the intestate property in either of
these ways, he may be allowed by the judge a fee not exceeding 5 per cent on the value of the property
which he gives up, subject to the modification of the High Court on the complaint of any person interest.
Provided that the District Judge may in his discretion and subject of the previous sanction of the High
Court allow remuneration to an administrator who has been in charge of the estate for several years and
who is required to retire before the proceedings are terminated.
317. Whenever any Magistrate is of opinion that property of intestates without known heirs should be sent
to the District Court, he should report direct to the Judge, in the Form prescribed below in this Chapter,
who, in the event of his concurring with the Magistrate, will order the Nazir at once to take possession, or,
in the event of his differing, will direct the property to be returned, or left with the party having original
possession. [See also section 84, Bombay Police Act, 1951 (Bombay Act XXII of 1951)].
318. all expenses attendant on the issue of a proclamation regarding intestate property under Regulation
VIII of 1827, section 10, shall be paid out of the estate of the intestate.
319. An annual return of property of persons dying intestate and without known heirs should be sent to
the High Court in the form prescribed on page 265 of Chapter XXXVIII on Returns and printed at page
64 in appendix H of Volume II.
From of report referred to in paragraph 337 above.
No. of 19 .
From
The Magistrate,
To,
The District Judge,
Camp
Date
Sir,
I have received a report from

Full name under section 83 of the Bombay Act XXII of 1951.
section 19 of the Bombay Village Police Act, 1867
Age That the persons specified in the margin has died in
Religion Town
in Taluka leaving property as per
Last address. Schedule hereto annexed (Appendix A).
[Extract of Para. (2) of form of report referred to in Paragraph 337 above.]
(2) It appears to me that the deceased has died intestate and without known heirs, and that the property is
likely, if sold by public auction, to realise more than 400 Rupees net proceeds. I have, therefore, the
honour, under section 84 of the Bombay Police Act, 1951 (Bombay Act, XXII of 1951), to request that
you will take steps to deal with the property under the provision of section 10 of Regulation VIII of 1827.
Schedule of Intestate Property.
1. Property dealt with under section 85 of the Bombay Police Act, 1951 (Bombay Act, XXII of 1951).
(3) the information given in the papers before me regarding the deceased and the persons who may
persons who may presumably be interest in the property, is summarized below.
(4) I recommend that the usual proclamation may be posted at the following places, namely.
Yours faithfully,
APPENDIX A TO LETTER No. DATED
Schedule of intestate Property
1. Property dealt with under section 85 of Bombay Police Act XXII of 1951 :-
Description of property Value Date of

realised Sale
1. Live stock (Particulars)
2. Other property (particulars)
Total :
2. Property not dealt with under section 85 of the said Act :-
Other property.
Cash Item Description Estimated value Remarks
CHAPTER XV
GUARDIANS AND WARDS
320. (i) The District Judge should bear in mind that the minor, in respect of whose person or property a
guardian has been appointed under the Guardians and Wards Act, is committed especially to his care and
that it is essential that the District Judge should exercise the closest supervision on the work of the
guardian so as to secure the welfare of minor. Attention of the District Judge is, in this connection, drawn
to the Rules under the Guardians and Wards Act, 1890, in paragraph 32 below.
(ii) The District Judge should in each case require the guardian to furnish a statement of the property
belonging to the minor within six months from the date of appointment and insist on submission of
periodical accounts of receipts and expenditure. The nature and extent of the supervision to be exercised
by the District Judge and the details to be required in the accounts submitted by a guardian will depend on
the size of the estate, the relationship of the guardian with the minor and the intelligence and education of
the guardian. The control exercised should in all cases be real, periodical and punctual. Careful and
economic management of such estates is a matter essential to the proper administration of justice.
(iii) No ministerial official employed in the Judicial Department shall be appointed or declared as such
official to be the guardian of the person or property of a minor, nor shall any such official be appointed or
declared as aforesaid in his private capacity, unless he has been appointed by will or other instrument or
is, by reason of relationship to the minor or other special circumstances not connected with his official
position, suited to act as guardian.
(iv) The services of some responsible official may, however, be used to inquire into the management of
estates by guardians and also to inquire into the upbringing and education of the minors.
(v) When a minor's estate comprises considerable landed estate, it would generally be desirable to appoint
the Collector to be the guardian or to allow the estate to pass under the management of the Courts of
Wards.
321. In exercise of the powers conferred by section 50 of the Guardians and Wards Act, VIII of 1890, the
High Court of Bombay is pleased to make the following rules :-
(1) Applications under section 10 for the appointment or declaration of a guardian shall be made so far as
may be in Form A at page 14 Volume II.
(2) When the natural guardian of the minor is not proposed for being declared or appointed guardian, the
applicant shall state the facts relied upon for showing that such person is unfit to act as guardian of the
minor, or that he consents to the application.
(3) The notice required by section 11 shall be in Form B at page 16, Volume II and shall be served in the
manner therein prescribed and may in addition be published in a newspaper.
(4) When the petition does not disclose the names of the near relatives of the minor, or when full details
of the property of the minor are not furnished by the petitioner, the Court may call for a report from the
Collector or from a subordinate Court as to the near relatives of the minor or the extent of the minor's
property.
(5) (i) The proposed guardian shall enter into a personal bond to cover the value of (I) movable property
kept by the guardian in his custody and (2) three years income of the immovable property of the minor.
He shall furnish two sureties if th aforesaid estimated value be above Rs. 5,000 and one surety in other
cases.
(ii) The forms of the personal bond to be entered into by the proposed guardian and of the surety ship
bond to be entered into by the sureties, shall be given in Form C at page 16, Volume II.
(iii) The District Judge may, for sufficient reasons, allow security to be furnished by the proposed
guardian in any other form than the one prescribed above.
(iv) The District Judge may, for sufficient reasons to be recorded in writing, dispense with the security to
be furnished by the proposed guardian or reduce its amount.
(v) Every guardian shall be required to inform the Court immediately of the death of any of his sureties
and to furnish another surety within one month of the death or such further time as the Court may grant.
The Nazir of the District Court shall ascertain annually which of the guardian's sureties are alive and
submit a report in the matter to the District Judge in January every year.
(vi) Where security is required, the Court shall fix a time within which such security shall be furnished,
and the order of appointment or declaration shall be made only after it has been furnished.
(6) After the security, if any, has been furnished, the Court make a final order appointing or declaring a
guardian, and thereupon a certificate of guardianship shall be issued to the guardian in Form D at page 18,
Volume II.
(7) At the time of the appointment or declaration of a guardian, or as soon thereafter as possible, the Court
shall require the guardian -
(i) to proceed to take possession of all the property belonging to the minor and, in case any difficulty
arises in the course of taking possession of any such property, to report the facts immediately to the Court
and to take such further steps as the Court may direct ;
(ii) to prepare inventories of the property while taking possession thereof. The inventories should be
signed by the guardian and countersigned by the panchas present and by the person or persons from
whom possession of the property is taken ;
(iii) to prepare a consolidated inventory in Form E Volume II of all the property of the minory and of the
encumbrances thereon. The consolidated inventory as well as the inventories, if any, prepared at the time
of taking possession shall be furnished to the Court within six months as required by section 34 (b),
unless for reasons to be recorded the Court extends the time;
(iv) to report to the Court without delay the details of the ornaments or other valuable movable property
taken possession of by the guardian and to obtain orders as to whether they should be sold or retained.
The guardian shall normally be required to keep all valuables and securities, except such as are by the
express order of the Court allowed to be kept by him, in some branch of the State Bank of India or other
approved bank, in the joint names of himself and the Nazir of the District Court;
(v) To submit a scheme of management, in Form I at page 24 of Volume II with such modifications as the
District Judge may find necessary ;
(vi) To obtain the sanction of the Court for making every payment not sanctioned by the scheme of
management ;
(vii) To obtain from the payees receipts for all sums paid out of the minor's estate and preserve them as
vouchers, and to pass receipts for payments receive on behalf of the minor's estate and preserve their
duplicates are counter foil's ;
(viii) to obtain order from the Court for instituting suits or defending suits on behalf of the minor ;
(ix) to keep and maintain such accounts of the minor's estate as may be directed by the Court. The
guardian shall normally be required to maintain a day-book and a ledger;
(x) to present in Court copies of the accounts maintained by him along with the account books, receipts
and vouchers at least once in every six months, unless the Court requires the examination of the accounts
at more frequent intervals ;
(xi) to report to the Court without delay any appreciable increment to or diminution in the minor's
property. The Court shall cause the same to be noted in the consolidated inventory produced under sub-
rule (iii) above;
(xii) to keep all moneys received by him in such bank as may be approved by the Court over and above an
amount of Rs. 250 which he may normally be allowed by the Court to keep on hand, and to seek orders of
the Court for the investment of the surplus amounts ;
(xiii) to report to the Court when a minor attains majority, or dies or ceases to have interest in any
property.
(8) (i) At the time of making the appointment or declaration of a guardian, the Court shall pass orders
regarding the approximate expenditure, if any, to be allowed under the following heads :-
(a) allowance to the guardian under section 22;

(b) maintenance and education of the minor and his dependents ; and
(c) religious ceremonies of the minor and his dependents.
(ii) The order so passed may be varies on receiving the scheme of management presented by the guardian
in Form I, at page 24, Volume II or as the exigencies may require.
(9) The appointment or declaration of a guardian shall be entered in a register in Form F at page 22, Vol.
II and the particulars therein prescribed shall be entered from time to time as occasion requires.
(10) When a foreigner makes an application in person, or through an Advocate, for being appointed as the
guardian of the person of property of a minor not related to him, such advocate or party in person shall
address a letter to the Secretary of the Indian Council of Social Welfare, Bombay, forwarding therewith a
copy of such application, and informing him of the date fixed for the hearing thereof, and further
requesting him that any representation which the Indian Council of Social Welfare, may make in the
matter, should be submitted to the District Judge, in writing in duplicate four days before the hearing of
the said application and that such a representation would be considered by the Court. Before passing the
order on the application. ( The Court may, while passing the order on the application ). direct the
applicant to pay, as condition precedent such sum as it may fix to the Indian Council of Social Welfare,
Bombay, as costs of making the representation. If costs are awarded to the Council the District Court shall
not issue a certified copy of the order made on the application, to the applicant, until he produces a receipt
from the Council for payment of their costs awarded by the Court.
(11) Whenever foreign nationals are declared guardians of Indian children with permission to remove
such children out of India under the provisions of the Guardians and Wards Act, 1890, copies of such
orders may be endorsed to the Government of India, Ministry of Education and Social Welfare
(Department of Social Welfare ).
(12) The Court shall, except for sufficient reason, cause the accounts submitted by the guardian to be
audited, and may thereupon issue such general directions to the guardian as may be necessary, and such
special orders as may be required.
(13) The copies of accounts submitted by the guardian under rule 7(x) shall be exhibited and preserved
with the record of the application and shall be open for inspection, with the permission of the Court, by
persons legitimately interested in the same, on payment of such fees as may be fixed by the Court.
(14) When the guardian declared or appointed under the Act obtains permission as required by section 28
or 29, or when by virtue of section 8 of the Hindu Minority and Guardianship Act. 1956, a natural
guardian is granted permission by treating his application as if it were an application under section 29 of
the Act. The Court will issue him a certificate in Form G Volume II with such modifications as the
circumstances may require. When the Court attaches conditions under section 31(2) to the permission,
they shall be embodied in the certificate.
(15) (a) The Court shall in all cases consider the property of making orders under sections 32 and 43 (1)
as to (i) investment of surplus money, (ii) borrowing of money by the guardian on behalf of his Ward, and
(iii) sale or retention of ornaments or other valuable movables.
(b) When the Court passes orders as to investments, it shall ordinarily direct them to be made in securities
mentioned in clauses (a), (b), (bb), (c) and (d) of section 20 of the Indian Trusts Act, or in the Government
Savings Bank. Where investment is not ordered to be made in this manner, it shall record its reasons for
so doing.
(c) The Court shall not ordinarily permit any lending or investment of money which is not covered by
adequate security.
(16) Until the minor attains majority, all subsequent applications relating to his guardianship and the
orders thereon shall form part of the record of the original application.
(17) (1) When, at the inspection of accounts submitted by the guardian, the Courts find that the minor
would attain majority within the next six months, it shall direct the guardian to furnish accounts up to
such date and shall fix a definite date for considering such accounts and shall issue notice to the minor in
Form H Volume II.
(2) The final proceedings for the discharge from liabilities of a guardian of the property of a minor should
be adjourned for six months after the guardian has deposited his final accounts.
(18) In the case of estates not exceeding one thousand rupees in value, the Court may relax these rules so
far as may seem desirable in each particular case. When the estate exceeds one thousand rupees in value,
the Court may, for sufficient reasons to be recorded in writing, apply the rules with such modifications as
are deemed essential.
CHAPTER XVI
RULES OF THE HIGH COURT AT BOMBAY UNDER THE

MAHARASHTRA VEXATIOUS LITIGATION (PREVENTION) ACT, 1971.
322. (1) These rules may be cited as “ The Maharashtra Vexatious Litigation (Prevention) Rules, 1976”.
(2) They shall come into force on the 1st day of December 1976.
(3) In these rules unless the context or subject matter otherwise requires, -
(i) 'The Act' means the Maharashtra Vexatious Litigation (Prevention) Act, 1971.
(ii) 'Order' means order passed under section 2 (i) of the Act.
(4) Every application by the Advocate General under section 2(i) shall describe the Advocate General as
applicant and the person against whom the application is made as opponent.
(5) The application shall state the full name of the opponent, his occupation, address and the proceedings
instituted by him Civil or Criminal and the Court in which they were or are instituted together with their
results, if any.
(6) The application shall be signed and verified by the Advocate General.
(7) The application shall be filed on the Appellate Side of the Bombay High Court and shall be heard by a
Division Bench.
(8) The application shall be accompanied by three sets of copies of the application and other documents
for the use of the Court and for opponent.
(9) The application shall be placed before the Division Bench for orders.
(10) Unless the Court considers otherwise, notice of the application should be served on the opponent
calling upon the opponent to show cause.
(11) The person so served may appear in person or through an advocate and show cause against the
proposed action.
(12) On consideration of the material placed before the Court, the Court may either reject the application
or pass an order in terms of section 2(i) of the Act.
(13) The order passed under section 2(i) shall be published as prescribed by the Act and shall be
circulated to such Courts as the Court may direct.
(14) The Judge or a Magistrate who receives a copy of an order made under sub-section (i) of section 2
shall enter it in a Register to be kept in that behalf.
(15) A person against whom an order under section 2(i) is made may apply for leave to institute or
continue the proceedings -
(i) to a Judge on the Original Side if the proceedings are to be instituted and continued on the Original
Side of the High Court ;
(ii) to the High Court on the Appellate Side, if the proceedings are to be instituted or continued in any
other Court in Greater Bombay ;
(iii) to the District Judge of the District in which the Civil Proceedings are to be instituted or continued ;
and
(iv) to the Sessions Judge in whose division Criminal Proceedings are to be instituted or continued.
(16) (a) Every such application for leave to institute a proceeding, shall be accompanied by a requisite
number of the copies of the application for leave and of the intended plaint or a proceedings and copies of
the documents on which he wants to rely, for the use of the Court and the opponents.
(b) Every such application shall make the Advocate General and the person against whom the proceedings
is to be instituted or continued as co-opponents.
(c) The person making an application under sub-section (i) shall pay the necessary process fees.
(d) The notices of the application shall be served on the opponents at the costs of the applicant.
(17) (a) All such applications to the District and Sessions Judge shall be treated as Miscellaneous
Applications, and the rules prescribed for the disposal of such applications shall mutatis mutandis apply
to such proceedings.
(b) However, such applications made to the High Court, whether on the Original or Appellate Side, shall
be treated as Civil Applications and be disposed of after such inquiry as may be found necessary.
(18) Every order of costs passed on such Civil Applications whether on the Original or Appellate Side of
the High Court shall be executable as a decree in the manner provided in the Code of Civil Procedure.
CHAPTER XVII
RULES AND INSTRUCTIONS UNDER SPECIAL ACTS
Rules framed by the High Court under section 62 of the Indian Divorce Act,
1869, relating to the Procedure of District Courts, and of the High Court in
Cases for Confirmation of the District Court's Decree.
Short Title and Commencement
323. (1) These Rules may be called the Divorce (District Court) Rules, 1929.
(2) They shall come into force on the 30th day of June 1929.
Petition
(3) All petitions under sections 10, 18, 23, 27, 32 or 34 of the Indian Divorce Act, 1869 (hereinafter called
“the Act”) shall be accompanied by a certified copy of the certificate of the marriage, if such a certificate
is available to the petitioner.
(4) (a) In the body of a petition under sections 10, 18, 23, 27, 32 or 34 of the Act shall be stated -
(i) whether the petitioner professes the Christian religion ;
(ii) the place and date of the marriage and the name, status and domicile of the wife before the marriage ;
(iii) the status of the husband and his domicile at the time of the marriage and at the time when the
petition is presented and his occupation and the place or places of residence of the parties at the time or
the institution of the suit ;
(iv) the principal permanent addresses where the parties have co-habited including the address where they
last resided together in India ;
(v) Whether there is any living issue of the marriage, and if so, the names and dates of birth or ages of
such issues ;
(vi) whether there have been in the Divorce Division of the High Court of Justice in England or in the
Court of Sessions in Scotland or in any Court in India any, and if so, what previous proceedings with
reference to the marriage by or on behalf of either of the parties to the marriage, and the result of such
proceedings ;
(vii) the matrimonial offences charged set out in separate paragraph with the times and places of their
alleged commission ;
(viii) the claim for damages, if any ;
(ix) the grounds on which the petitioner claims that the District Court, in which the petition is presented,
has jurisdiction to determine the petition;
and, if the petition is one for a decree of dissolution of marriage or of nullity of marriage, or of judicial
separation, it shall further state that there is not any collusion or connivance between the petitioner and
the other party to the marriage.
(b) The petition shall conclude with a prayer setting out particulars or the relief claimed, including the
amount of any claim for damages and any order for custody of children which is sought and shall be
signed by the petitioner :
Provided that where the petitioner is, by reason of absence or for other good cause, unable to sign the
petition, it may be signed by any person duly authorised by him or her to sign the same or to sue on his or
her behalf.
Verification of Petition
(5) The statement contained in every petition shall be verified by the petitioner or some other competent
person in manner required by the Code of Civil Procedure for the time being in force for the verification
of plaints.
Co Respondents and Interveners
(6) In every petition presented by a husband for the dissolution of his marriage the petitioner shall make
the alleged adulterers co-respondents in the suit, unless the Court shall otherwise direct under section 11
of the Act.
(7) Where a husband is charged with adultery with a named person, certified copy of the pleading
containing such charge shall, unless the Court for good cause shown otherwise directs, be served upon the
person with whom adultery is alleged to have been committed, accompanied by a notice that such person
is entitled, within the time therein specified, to apply for leave to intervene in the cause.
Service of Petitions and Notices
(8) Every petition or notice under the Act shall be served on the party to be affected thereby either within
or without India, in the manner prescribed by the Code of Civil Procedure for the time being in force for
the service of summonses :
Provided that unless the Court for good cause shown otherwise directs, service of all such petitions and
notices shall be effected by delivery of the same to the party to be affected thereby and the court shall
record that it is satisfied that service has been so effected :
Provided also that Court may dispense with such service altogether in case it seems necessary or
expedient to do so.
Answer and Subsequent Pleadings
(9) A respondent or co-respondent or a woman to whom leave to intervene has been granted under Rule 6,
may file in the Court an answer to the petition.
(10) (i) Any answer which contains matter other than a simple denial of the facts stated in the petition
shall be verified in respect of such matter by the respondent or co-respondent as the case may be in the
manner required by these Rules for the verification of the petitions and when the respondent is husband or
wife of the petitioner, the answer shall contain a declaration that there is not any collusion or connivance
between the parties.
(ii) Where the answer of husband alleges adultery and prays relief, a certified copy thereof shall be served
upon the alleged adulterer, together with a notice to appear in like manner as a petition. When in such
case no relief is claimed the alleged adulterer shall not be made a co-respondent, but a certified copy of
the answer shall be served upon him together with a notice as under Rule 6 that he is entitled within the
time therein specified to apply for leave to intervene in the suit, and upon such application he may be
allowed to intervene, subject to such direction as shall then be given by the Court.
(11) (i) If it appears to the Court that proceedings for the dissolution of the marriage have been instituted
in England or Scotland before the date on which the petition was filed in India, the Court shall either
dismiss the petition or stay further proceedings thereon until the proceedings in England or Scotland have
terminated, or until the Court shall otherwise direct.
(ii) If it appears that such proceedings were instituted after the filing of the petition in India, the Court
may proceed subject to the provisions of the Act with the trial of the suit :
Provided, that unless the Court for good cause shown otherwise directs, service of all such petitions and
notices shall be affected by delivery of the same to the party to be affected thereby, and the Court shall
record that it is satisfied that service has been so effected :
Provided also that the Court may dispense with such service altogether in case it seems necessary or
expedient to do so.
Judgment
(12) Every judgment granting a decree for dissolution of marriage, nullity of marriage, or judicial
separation shall record clear findings as to the facts which give the Court jurisdiction to pass the decree :
and the Court for this purpose should take care to see that sufficient and proper evidence is adduced in the
course of the proceedings to enable it to record such findings.
Confirmation of Decree for dissolution of marriage or nullity of marriage
(13) When the District Judge has made decree for dissolution of marriage or of nullity of marriage, a copy
thereof shall be served on the Respondent and Co-Respondent within a month from the date of the decree
and the parties shall be informed that the case for confirmation of the decree will come on in the High
Court on or after six months from the date of the decree and that no further notice of the date of hearing
will be given. They shall at the same time be warned that a remarriage before six months from the date on
which the decree is made absolute by the High Court is prohibited by section 57 of the Act and that such
remarriage is liable under section 19 to be declared a nullity.
(14) The District Judge shall then submit the proceedings to the High Court for orders under section 17 or
20, as the case may be.
(15) Cases for confirmation of a decree received from a District Judge under sections 17 and 20 of the Act
shall not be heard by the High Court till after the expiry of six months from the pronouncing of such
decree.
(16) After the period of six months mentioned in Rule 14 has expired, the decree may be confirmed even
though no application for that purpose has been made to the Court, or no party appears at the hearing.
(17) Any person wishing to show cause against the confirmation of the District Judge's decree on the
ground that the decree has been obtained by collusion or by reason of material facts not being brought
before the Court, or because of any change of circumstances since the passing of the decree such as that
the parties have resumed the relation of husband and wife or that the petitioner has died, shall, if the Court
so permits, enter an appearance in the proceedings before the High Court and file affidavits setting forth
the facts upon which he relies. Certified copies of the affidavits shall be served upon the party or the
Advocate of the party in whose favour the decree has been pronounced.
(18) Any person applying under the last paragraph of section 17 of the Act to the High Court to remove
the suit from the Court of a District Judge may file an application for the purpose supported by an
affidavit setting forth the grounds on which the applicant relies. Copies of the application and affidavit
shall be served on all parties to the suit who may, within a time to be fixed by the High Court, file
affidavits in reply, and the High Court shall then make such further orders in the matter as it deems fit.
(19) The party in the suit in whose favour the decree has been pronounced may within a time to be fixed
by the Court file affidavits in answer and the person showing cause against the decree being confirmed
may within a further time to be fixed file affidavits in reply.
Alimony, Maintenance and Custody of Children
(20) The District Court shall not entertain an application for alimony, maintenance or the custody of
children or for the modification or discharge of the order for alimony, maintenance or the custody of
children unless the person on whose petition the decree for the dissolution of the marriage was
pronounced is at the time the application is made resident in India.
Rules framed by the High Court under Section 44 of the Arbitration Act, X of 1940
324. (1) Entitling of application, affidavit and proceeding -
(a) Save as hereinafter provided, all applications, affidavits and proceedings, under the Act shall be
entitled “In the matter of the Act and in the matter of the Arbitration (State the proceeding and its
number).”
(b) Applications under Chapter IV of the Act shall be entitled “In the suit or matter (State the proceeding
and its number).”
(c) Applications under section 34 of the Act shall be entitled “In the suit which the applicant seeks to have
stayed.”
(d) Applications under section 7(2) of the Act shall be entitled “In the matter of the insolvency in which
the reference to arbitration is sought of claimed.”
(e) Applications under section 14 of the Act shall be numbered and registered as regular suits. Other
applications under the Act shall be numbered and registered as Miscellaneous Applications requiring
judicial enquiry.
(2) Mode of application : All applications under the Act shall be made only to the proper Court and all
applications shall be made by petitions and shall be presented in the same manner as plaints or other
applications to the Clerk of the Court or to such other Officer as the Court appoints in that behalf who
shall cause them to be registered and take such order as are necessary from the presiding Judge.
(3) Contents of petition : Every petition shall be divided into paragraphs numbered consecutively and
shall contain a statement of facts relied on, and the nature of the relief asked for and shall clearly specify
that persons liable to be affected hereby. A copy of the Arbitration, agreement, the special case or the
Award relating to the petition, if any, whenever necessary, shall be annexed thereto.
(4) Filing of Award : The Arbitrator or Umpire shall cause the Award or a signed copy thereof to be filed
in Court, together with any depositions and documents which have been taken and proved before him and
the opinion pronounced by the Court on a special case submitted by him, if any, in accordance with
section 14 of the Act, by forwarding the same under a sealed cover addressed to the Court, with a letter
requesting that the same be filed. He shall also send together with the Award a copy of the Notice given to
the parties concerned and affidavit of service of such Notice and of attestation of his signature on the
Award.
(5) Arbitrator or Umpire to make affidavit : The Arbitrator or Umpire shall also make an affidavit stating
(1) the date on which the Award was made and signed. (2) that all depositions taken and documents
proved before him have been forwarded to the Court along with the Award and (3) that no documents
which came into his possession in the course of the arbitration proceedings have remained with him. Such
affidavit shall be filed along with the Award.
(6) Notice of filing Award : When the Award has been filed in Court, the Court shall forthwith issue
Notice of such filing to the parties interested in the Award.
(7) Notice of applications to persons affected by Awards : Upon any application by petition under the Act,
the Judge shall direct Notice thereof the be given to all persons mentioned in the petition and to such
other persons as may seem to him to be likely to be affected by the proceedings, requiring all or any of
such persons to show cause, within the time specified in the notice, why the relief sought in the petition
should not be granted.
(8) Limitation for application for judgment on Award : An application for judgment in terms of an Award
shall not be made until after the expiration of 30 days from the date of service of the notice of filing
Award.
(9) Court to issue notice on application under section 20 : When an application under section 20 of the
Act is filed and registered, the Court shall on the application issue a Notice, returnable within not less
than 10 days from the service thereof, calling upon the opposite party to show cause why the Arbitration
Agreement should not be filed.
(10) Processes to be issued on application by Arbitrator or Umpire : Processes to the parties to arbitration
proceedings or to witnesses shall be issued by the Court on the written application of the Arbitrator or the
Umpire.
(11) Accompaniment of the above application : If the proceedings are under Chapter II of the Act, the
application for such processes must be accompanied by a copy of the agreement under which the
Arbitrator or the Umpire is acting. If other wise, the date of the order appointing him Arbitrator or Umpire
shall be mentioned in the application.
(12) Application of Code of Civil Procedure and the Civil Manual : In the cases not provided for in the
foregoing rules or in the Act, the provisions of the Code of Civil Procedure, 1908, and the Civil Manual,
mutatis mutandis, shall apply to all proceedings before the Court and to all appeals under the Act.
(13) The Court fees and process fees chargeable for all petitions shall be in accordance with the Court
fees Act and the rules for the levy of process fees in force for the time being.
(14) The forms mentioned in these rules are the forms at pages 98 to 100 and shall be used with such
variations as the circumstances of each case may require.
325. In some parts of the State, certain classes of moneylenders are in the habit of lending money to
impecunious military and civil officers and to poor agriculturists, not on bonds or promissory notes but on
arbitration awards, and the loan, the amount of which is usually much less than the amount stated as
advanced in and payable by the award is not advanced until after these arbitration awards are actually
filed in Civil Courts and decrees passed thereon. The object of this procedure is apparently to oust the
jurisdiction of the Civil Courts and prevent them from inquiring into the terms of the transaction. It has
been found that some Judges have been in the habit of ordering these so-called arbitration awards to be
filed and passing decrees thereon without enquiring into their nature. Every Judge must, therefore, before
allowing an award to be filed satisfy himself that there was, in fact some point of real difference between
the parties, that it was submitted to arbitration and that there was a genuine arbitration upon that point.
326. The system of appointing Civil Judges as arbitrators in suits pending before them, though legal and
convenient, is open to object. A party may sometimes be compelled against his wishes to agree to such an
arbitration ; and it may be difficult for a litigant to raise objections successfully to an award on the ground
of erroneous procedure or technical misconduct of the arbitrator before the Court when the Presiding
Officer was himself the arbitration. Further, it is undesirable that Judges who have given awards as
arbitrators should be subject to reckless personal charges at the instance of suitors disappointed by an
award. The practice, therefore, of presiding judges acting as arbitrators in suit pending before them is
undesirable.
327. Copies of pleadings and issues in cases of suits referred to arbitration should be prepared at the cost
of the parties.
328. An order of reference should be served on arbitrators where they are present in the Court or not and
even when they are present in Court and express their willingness to act as such. In all these cases,
process fees should be charged for serving an order of reference on arbitrators. Where, however, a party is
permitted to serve the copy of an order of reference on the arbitrator, half the usual process fee should be
charged.
Rules framed by the High Court under Section 41 of the Special Marriage
Act, XLIII of 1954, as amended by the Marriage Law (Amendment) Act,
1976, (India Act No. 68 of 1976), for carrying out the provisions of
Chapter V, VI and VII of the Act.
328A. Rules framed by the High Court under section 82 of the Arbitration and Conciliation Act,
1996.
(1) Entitling of application affidavit and proceeding &(a) Save as here in after provided all applications
affidavits and proceedings under this Act shall be titled “In the matter to Arbitration and Conciliation Act,
1996 and in the matter of Arbitration (state the proceeding and its number) under section for.......
Note - All the applications under sections (1), 9 11, (4)(5)(6), 14(2) 27, 34 and 36 shall be titled as above
by inducting relevant section and purpose as follows in the above title :-
Under sections 8(1), 45 and 54 for reference to Arbitration.
Under section 9 for interim measure (e.g. Appointment of guardian)
Under section 11 (4)(5)(6) for appointment of an arbitrator.
Under section 14(2) for termination of the mandate of an arbitrator.
Under section 27 for Court Assistance in taking evidence.
Under section 34 for setting aside arbitral award.
Under section 36 for enforcement of arbitral award.
(b) An appeal under sections 37, 50 and 59 shall be entitled “In the matter of the Arbitration and
conciliation Act, 1996 and in the matter to Arbitration (State the proceeding and its number), appeal under
section 37against (state the section under which and the nature of impugned order e.g., order under
section 34 setting aside arbitral award)”
(2) Mode of application - All applications under the Act shall be made only to the proper Court and all
applications shall be made by petitions and shall be presented in the same manner as plaints or other
applications to the Clerk of the Court or to such other Officer as the Court appoints in that behalf who
shall cause them to be registered and take such order as are necessary from the Presiding Judge.
(3) Contents of Petition – Every petition shall be divided in paragraphs numbered consecutively and shall
contain a statement of fact relied on, and the nature of the relief asked for and shall clearly specify the
persons liable to be affected thereby. Acertified copy of the Arbitration Agreement or the Award relating
to the Petition, if any whenever necessary, shall be annexed thereto. The date of the order appointing
arbitrator shall be mentioned in the application wherever applicable.
(4) Notice of application to persons affected by award - Upon any application by petition under the Act
the Judge shall direct Notice thereof to be given to all persons mentioned in the petition and to such other
persons as may seem to him to be likely to be affected by the proceedings requiring all or nay of such
persons to show cause within the time specified in the notice, why the relief sought in the petition should
not be granted.
(5) Court Fees and Process fees – The Court fees and Process fees chargeable for all petitions shall be in
accordance with the Court Fees Act and the rules for the levy of process fees in force for the time being.
(6) Forms – The forms mentioned in these rules are the forms at pages 98 to 100 and shall be used with
such variations as the circumstances of each case may require.
(7) Appointing Judges as Arbitrators – The system of appointing Judges as arbitrators through legal and
convenient, is open to objection A party may sometimes be compelled against his wishes to agree to such
an arbitration : and it may be difficult for a litigant to raise objections successfully to an award on the
ground of erroneous procedure or technical misconduct of the arbitrator before the Court when the
Presiding Officer was himself the arbitrator. Further, it is undesirable that Judges who have given awards
as arbitrators could be subject to reckless personal charges at the instance of suitors disappointed by an
award. The practice, therefore, of presiding Judges acting as arbitrators is undesirable.
(8) Cost of copies - Copies to pleadings and issues in cases of suits referred to arbitration should be
prepared at the cost of the parties.
(9) Service of order appointing arbitrator - an order appointing Arbitrator/s should be served on arbitrators
whether they are present in the court or not and even when they are present in Court and express their
willingness to act as such. In all theses cases, process fee should be charged for serving an order on
arbitrators. Where, however, a party is permitted to serve the copy of an order or reference on the
arbitrator, half the usual process fee should be charged.
Note - (1) Proceedings filed under the Repealed Act and pending before the Subordinate Courts shall be
governed by the existing Rules i.e., clauses 324 to 328 of Civil Manual.
The proceedings instituted under the Arbitration and Conciliation Act, 1996 shall be governed by the
newly framed Rules i.e. Clause 328A of Civil Manual.
(2) Conciliation proceedings shall be governed by the Rules to be framed by the High Court of Judicature
at Bombay, separately.
Rules framed by the High Court under Section 41 of the Special Marriage Act, XLIII of 1954, as
amended by the Marriage Laws (Amendment)Act, 1976 (India Act No. 68 of 1976, for carrying out
the provisions of Chapter V, VI and VII of the Act.
329. (1) Short title and Commencement -

(i) These rules may be called the Special Marriage Rules, 1954.
(ii) The rules shall come into force on the 1st January 1955.
(2) Definitions :(i) “Act” means the Special Marriage Act, 1954 (Act XLIII of 1954) as amended by the
Marriage Laws (Amendment) Act, 1976 (India Act No. 68 of 1976).
(ii) “Code” means the Code of Civil Procedure, 1908.
(iii) “District Court” means, in any area for which there is a City Civil Court that Court, and in any other
ares, the principal Civil Court of original jurisdiction, and includes any other Civil Court which may be
specified by the State Government by notification in the Official Gazette as having jurisdiction in respect
of the matters dealt with in the Act.”
(3) Petition : (a) Every petition made under the Act shall be accompanied by certified copy of the
certificate from the Marriage Certificate Book about the solemnisation of the marriage under the Act.
(b) A petition for divorce on any of the grounds mentioned in clauses (i) and (ii) of sub-section (2) of
section 27 of the Act shall be accompanied by a certified copy of the decree for judicial separation or for
restitution of conjugal rights as the case may be.
(4) Contents of Petitions : In addition to the particulars required to be given under Order VII, rule 1, of
the Civil Procedure Code, every petition for judicial separation, nullity of marriage and divorce shall
contain the following particulars :
(a) The place and date of marriage.

(b) The name, status and domicile of the wife and husband before the marriage.
(c) The principal permanent address where the parties cohabited including the address they lase resided
together ;
(d) Whether there is living any issue of the marriage and, if so, the names and dates of birth, or ages of
such issues ;-
(i) In every petition presented by a husband for divorce or judicial separation, on the ground that his wife
has after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than
the petitioner, shall state the name, occupation and place of residence of such person or persons so far as
they can be ascertained ;
(ii) In every petition presented by a wife for divorce or judicial separation, on the ground that her husband
has after the solemnisation of the marriage had voluntary sexual intercourse with any woman other than
the petitioner the petitioner shall state the name, occupation and place of residence of such woman or
women, so far as they can be ascertained ;
(e) Whether there have been in any Court in India, and if so what previous proceedings with reference to
the marriage by or on behalf of either of the parties and the result of such proceedings ;
(f) The matrimonial offences charged set out in separate paragraphs with the time and places of their
alleged commission ;
(g) The claims for damages, if any, with particulars :
(h) If the petition is one for a decree of dissolution of marriage, or of nullity or annulment of marriage or
for judicial separation, it shall further state that there is no collusion or connivance between the petitioner
and the other parties to the marriage or alleged marriage ;
(i) The relief or reliefs prayed for.
(5) Co-respondent in husband's petition - In any petition presented by a husband for divorce or judicial
separation, on the ground that his wife has since the solemnisation of the marriage been nullity of
voluntary sexual intercourse with any person other than the petitioner, the petitioner shall make such
person alleged to be guilty of voluntary sexual intercourse, a co-respondent to the said petition unless he
is excused from so doing by an order of the Court, which may be made on any or more of the following
grounds, which shall be supported by an affidavit in respect of the relevant facts :-
(i) That the respondent is leading the life of a prostitute, and that the petitioner knows of no person with
whom the respondent had voluntary sexual intercourse :
(ii) That the name of the person with whom the respondent is alleged to be guilty of voluntary sexual
intercourse is unknown to the petitioner, although he had made due efforts for discovery ;
(iii) That the person with whom the respondent is alleged to be guilty of voluntary sexual intercourse, is
dead ;
(iv) For any other sufficient reason that the Court may deem fit to consider.
(6) Verification of petition : Statements contained in every petition shall be verified by the petitioner or
some other competent person in a manner required by the Code of Civil Procedure for the time being in
force for the verification of plaints.
(7) Forms of Petitions : The Petitions made under the Act shall, so far as possible, be made in the forms
prescribed in the Schedule to the Indian Divorce Act, 1869 (IV of 1869).
(8) Petitions on behalf of person of unsound mind : When a husband or a wife is a person of unsound
mind or incapable of giving valid consent in consequence of unsoundness of mind ; or though capable of
giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to
be unfit for marriage and the procreation of children, or has been subject to recurrent attacks of insanity or
epilepsy; and petition under the Act, other than the petition for restitution of conjugal rights, may be
brought, on his or her behalf, by the person entitled to his or her custody.
(9) Petitions by minors : (i) Where the petitioner is a minor he or she shall sue by his or her next friend to
be approved by the Court ; and no petition presented by a minor under the Act shall be filed until the next
friend has undertaken in writing to be answerable for costs. Such undertaking shall be filed in Court, and
the next friend shall thereupon be liable in the same manner and to the same extent as if he were a
plaintiff in an ordinary suit.
(ii) The next friend shall file an affidavit along with the petition which shall state the age of the minor,
that the next friend has no adverse interest to that of the minor and that the next friend is otherwise a fit
and proper person to act as such.
(iii) The Court may on considering the affidavit and such other material as it may require, record its
approval to the representation of the minor by the next friend or pass such other orders as it may deem fit.
(10) Notice - The Court shall issue notice to the respondent and co-respondent, if any. The notice shall be
accompanied, by the copy of the petition. The notice shall also require, unless the Court otherwise directs,
the respondent or co-respondent to file his or her statement in Court within a period of four weeks from
the service of the notice and to serve a copy thereof upon each of the other parties to the petition, within
the aforesaid period.
(11) Service or Petitions: Every petition and notice under the Act shall be served on the party affected
thereby in manner provided for service of summons under Order V of the Civil Procedure Code ;
Provided that the Court may dispense with such service altogether in case it seems necessary or expedient
so to do.
(12) Written statements in answer to petitions by Respondents : The Respondent may and, if so required
by the Court, shall, present a written statement in answer to the Petition. The provisions of Order VIII of
the Code shall apply mutatis mutandis to such written statement. In particular, if in any proceedings for
divorce, the Respondent opposes the relief sought in the petition on the ground that after the
solemnisation of the marriage the petitioner had voluntary sexual intercourse with any person other than
the Respondent, cruelty or desertion, the written statement shall state particulars of such voluntary sexual
intercourse cruelty or desertion as required in the case of petition under clauses (d) and (f) of Rule 4, and
the particulars of any relief which he claims on the said grounds.
(13) Interveners in wife's petition : (1) Unless the Court for cause shown otherwise directs :-
(a) Where the husband is charged with voluntary sexual intercourse with a named female person a
certified copy of pleading or material portion thereof containing such charge shall be served upon the
named female person alleged to be guilty of voluntary sexual intercourse, accompanied by a notice that
such person is entitled within the time there in specified to apply for leave to intervene in the cause.
(b) Where the written statement of the Respondent alleges voluntary sexual intercourse by the petitioner
with a named male person a certified copy of such a statement or such material portion thereof containing
such allegation shall be served on such person, accompanied by a notice that such person is entitled
within the time therein specified to apply for leave to intervene in the cause.
(2) Costs regarding Intervention : (a) Whenever the Court finds that an intervener has no sufficient
grounds for intervening, it may order the intervener to pay the whole or any part of the costs occasioned
by the application to intervene.
(b) Whenever the Court finds that the charge or allegations of voluntary sexual intercourse against the
intervener made in any petition or written statement is baseless or not proved and that the intervention is
justified, it may order the person making such charge or allegation against the intervener to pay to the
intervener whole or any part of the costs of intervention.
(14) Answer : A person to whom leave to intervene has been granted may file in the Court an answer to
the petition or written statement containing the charges or allegation against such intervener.
(15) Intervention by third party : During the progress of the petition under chapter V or VI of the Act, any
person suspecting that any parties to the petition are or have been acting in collusion, or the petitioner has
committed fraud or he has concealed some material facts from the Court for the purpose of obtaining the
decree prayed for, shall be at liberty to apply to the Court stating the circumstances and facts of such
collusion, fraud and concealment, as the case may be. The application shall be supported by an affidavit.
When such application is filed, the Court shall give notice thereof, to the parties concerned and after
hearing them and taking necessary evidence pass the necessary orders :
(i) If the Court comes to the conclusion that such collusion, fraud or concealment of material fact is
proved, then the original petition shall be dismissed and the intervening third party shall be awarded his
costs from the parties, guilty of such collusion, fraud or concealment of facts.
(ii) Whenever such application is made and the Court comes to the conclusion that the intervening third
party had no grounds or no sufficient grounds for intervening, it may order him to pay the whole or any
part of the costs occasioned by his intervention.
(16) Competence of husband and wife to give evidence as to cruelty or desertion to judicial separation-
On any petition presented by wife praying for divorce or judicial separation by reason of her husband
having been guilty of adultery coupled with cruelty or adultery coupled with desertion without reasonable
excuse, the husband and wife respectively shall be competent and compellable to give evidence of or
relating to such cruelty or desertion.
(17) Mode of taking evidence : The witnesses in all proceedings before the Court, where their attendance
can be had, shall be examined orally, and any party may offer himself or herself as a witness and shall be
examined, and may be cross-examined and re-examined, like any other witness :
Provided that the parties shall be at liberty to verity the respective cases in whole or in part by affidavit,
but so that the deponent in every such affidavit shall, on the petition of the opposite party, or by direction
of the Court, be subject to be cross-examined by or on behalf of opposite party, orally, and after such
cross-examination may be re-examined orally as aforesaid by or on behalf of the party by whom such
affidavit was filed.
(18) Damages : Any husband, may, either in a petition for divorce or judicial separation, claim damages
from any person on the ground that after the solemnisation of the marriage he had voluntary sexual
intercourse with the wife of such petitioner :
(i) Such petition shall be served on the person alleged to be guilty of voluntary sexual intercourse and the
wife unless the Court dispenses with such service in accordance with the provision of Rule No. 11.
(ii) The damages to be recovered on any such petition shall be ascertained by the said Court, although the
respondent or either of them may not appear. After the decision has been given, the Court may direct in
what manner the damages shall be paid or applied.
(19) Costs - Whenever in any petition presented by a husband the person alleged to be guilty of the
voluntary sexual intercourse has been made a co-respondent and the voluntary sexual intercourse has
been established, the Court may order the co-respondent to pay the whole or any part of the costs of the
proceeding.
Provided that co-respondent shall not be ordered to pay the petitioner's costs :
(i) if the respondent was, at the time of voluntary sexual intercourse, living apart from her husband and
leading the life of prostitute or ;
(ii) if the co-respondent had not, at the time of voluntary sexual intercourse, reason to believe the
respondent to be a married woman.
(20) Taxation of Costs : Unless otherwise directed by the Court, the costs of the petition under the Act
shall be costs as taxed in suits under the Indian Divorce Act, IV of 1869.
(21) Order as to Costs - The award of cost shall be within discretion of the Court and the Court shall make
an order about the same while passing the decree.
(22) Power to adjourn - The Court may, from time to time, adjourn the hearing of any petition under the
Act, and may require further evidence thereon if it sees fit so to do.
(23) Transmission of certified copy of the Decree : The Court shall send a certified copy of every decree
for divorce or nullity or dissolution of marriage to the Marriage Officer appointed under section 3 of the
Act.
Rules framed by the High Court under sections 14 and 21 of the Hindu Marriage
Act 1955 (XXV of 1955) as amended by the Marriage Laws (Amendment)
Act, 1976 (India Act No. 68 of 1976), for carrying out the purpose
of the Act.
330. (1) Short title and Commencement : (i) These Rules may be called the Hindu Marriage and Divorce
Rules, 1955.
(ii) These Rules shall come into force on 1st December 1955.
(2) Definitions - (i) “Act” means the Hindu Marriage Act, 1955 (Act XXV of 1955).
(ii) “Code” means the Code of Civil Procedure, 1908.
(iii) “Court” means the Court mentioned in section 3(b) of the Act.
(3) Petition : (a) Every petition under the Act shall be accompanied by certified extract from the Hindu
Marriage Register maintained under section 8 of the Act or from the Register maintained under the
Bombay Registration and Marriage Act (Bombay Act V of 1954), where the marriage has been registered
under the Bombay Act or this Act.
(b) Every petition for divorce on any of the grounds mentioned in clauses (i) or (ii) of sub-section (1-A)
of section 13 of the Act shall be accompanied by a certified copy of the decree for judicial separation or
for restitution of conjugal rights, as the case may be.
(c) Every petition for divorce on the ground mentioned in clause (iii) of sub-section (2) of section 13 of
the Act shall be accompanied by a certified copy of the decree or order for maintenance passed against the
husband.
(4) Contents of Petitions : (i) In addition to the particulars required to be given under Order VII, rule 1 of
the Civil Procedure Code and section 20(1) of the Act, every petition for judicial separation, nullity of
marriage and divorce shall contain the following particulars :
(a) The place and date of marriage ;
(b) The name, status and domicile of the wife and husband before and after the marriage ;
(c) The principal permanent address where the parties cohabited including the address where they last
resided together ;
(d) Whether there is living any issue of the marriage and, if so, the names and dates of the birth, or ages of
such issues ;-
(i) In every petition presented by a husband for divorce under section 13(1)(i) of the Act on the ground
that his wife has, after the solemnisation of the marriage, had voluntary sexual intercourse with any
person or persons other that himself or for judicial separation under section 10(i) of the Act on the ground
that his wife has, after the solemnisation of the marriage, had voluntary sexual intercourse with any
person or persons other than himself, the petitioner shall state the name, occupation and place of
residence of such person or persons, so far as they can be ascertained.
(ii) In every petition presented by wife for divorce under section 13(1) (i) of the Act on the ground that
her husband has, after the solemnisation of the marriage, had voluntary sexual intercourse with any
woman or women other than herself or for judicial separation under section 10(1) of the Act, on the
ground that her husband has, after the solemnisation of the marriage, had voluntary sexual intercourse
with any woman or women other than herself, the petitioner shall state the name, occupation and place of
residence of such woman or women, so far as they can be ascertained.
(e) Whether there have been in any Court in India, and if so, what previous proceedings with reference to
the marriage by or on behalf of either of the parties and the result of such proceedings ;
(f) The statement that there is no collusion between the petitioner and the other party to the marriage ;
(g) The matrimonial offence or offences charged, set out in separate paragraphs with the time and place of
its or their alleged commission ;
(h) Property mentioned in section 27 of the Act, if any ;
(i) The relief or reliefs prayed for.
(5) Necessary Parties : (a) in every petition for divorce or judicial separation on the ground that the
respondent has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person
other than the petitioner, the petitioner shall make such person a co-respondent. The Petitioner may,
however, apply to the Court by an application supported by an affidavit for leave to dispenses with the
joinder of such person as a co-respondent on any of the following grounds ;
(i) that the name of such person is unknown to the petitioner although he has made due efforts for
discovery.
(ii) that such person is dead.
(iii) that the respondent being the wife is leading a life of prostitute and that the petitioner does not know
any person with whom the respondent has, after the solemnisation of the marriage, had voluntary sexual
intercourse.
(iv) for any other sufficient reason the Court may deem fit to consider ;
(b) In every petition under section 13(2) of the Act, the petitioner shall make “the other wife” mentioned
in that section a co-respondent.
(c) In every petition under section 11 of the Act on the ground that the condition in section 5 (1) is
contravened, the petitioner shall make the spouse alleged to be living at the time of the marriage a co-
respondent.
(6) Verification of Petition : Statements contained in every petition shall be verified by the petitioner or
some other competent person in a manner required by the Code of Civil Procedure for the time being in
force for the verification of plaints.
(7) Forms of petitions : The petitions made under the Act shall, so far as possible, be made in the forms
prescribed in the Schedule to the Indian Divorce Act, 1869 (IV of 1869).
(8) Petitions on behalf of petitioner of unsound mind or who are suffering from mental disorder : When a
husband or a wife is of unsound mind or is suffering from mental disorder, any petition under the Act,
other than the petition for restitution of conjugal rights, may be brought on his or her behalf by the person
entitled to his or her custody.
(9) Petitions by minors : (i) Where the petitioner is a minor, he or she shall sue by his or her next friend to
be approved by the Court ; and no petition presented by a minor under the Act shall be filed until the next
friend has undertaken in writing to be answerable for costs.
Such undertaking shall be filed in Court, and the next friend shall thereupon be liable in the same manner
and to the same extent as if he were a plaintiff in an ordinary suit.
(ii) The next friend shall file an affidavit along with the petition which shall state the age of the minor,
that the next friend has no adverse interest to that of the minor and that the next friend is otherwise a fit
and proper person to act as such.
(iii) The Court may, on considering the affidavit and such other material as it may require, record its
approval to the representation of the minor by the next friend or pass such other orders as it may deem fit.
(10) Application for leave under section 14 of the Act : (i) Where any party to a marriage desires to
present a petition for divorce within one year of such marriage, he or she shall obtain leave of the Court
under section 14 of the Act on ex-parte application made to the Court in which the petition for divorce is
intended to be filed.
(ii) The application shall be accompanied by the petition intended to be filed bearing the proper court fee
under the law and in accordance with the rules. The application shall be supported by an affidavit made
by the petitioner setting out the particulars of exceptional hardships to the petitioner or exceptional
depravity on the part of the respondent on which leave is sought.
(iii) The evidence in such application may, unless the Court otherwise directs, be given by affidavit.
(iv) When the Court grants leave, the petition shall be deemed to have been duly filed on the date of the
said order. The petitioner within a week of the date of the said order shall file sufficient number of copies
of application for leave and order of the Court thereon and of the petition for divorce for service upon the
respondents in the petition.
(11) Service of copy of application for and order granting leave on the Respondent and procedure after
service : (i) When the Court grants leave under the preceding rule, a copy of the application for leave and
order granting leave shall be served on each of the respondents along with the notice of the petition for
divorce.
(ii) (a) When the respondent desires to contest the petition for divorce on the ground that leave for filing
the petition has been erroneously granted or improperly obtained, he or she shall set forth in his or her
written statement the grounds with particulars in which the grant of leave is sought to be contested.
(b) The Court may, if it so deems fit, frame, try and decide the issue as to the property of the leave granted
as preliminary issue.
(c) The Court may, at the instance of either party, order the attendance for examination or cross
examination of any deponent in the application for leave under the preceding rule.
(12) The Court shall issue notice to the respondent and co-respondent if any. The notice shall be
accompanied by a copy of the petition. The notice shall be accompanied by a copy of the petition. The
notice shall require, unless the Court otherwise directs, the respondent or co-respondent to file his or her
statement in Court within a period of four weeks from the service of the notice and to serve a coy thereof
upon each of the other parties to the petition within the aforesaid period.
(13) Service of Petitions - Every petition and notice under the Act shall be served on the party affected
thereby in the manner provided for service of summons under Order V of the Civil Procedure Code :
Provided that the Court may dispense with such service altogether in case it seems necessary or expedient
so to do.
(14) Written Statement in answer to petition by respondents : The respondent may and if so required by
the Court shall present a written statement in answer to the petition. The provisions of Order VIII of the
Code shall apply mutatis mutandis to such written statements. In particular, if in any proceedings for
divorce the Respondent opposes the relief sought in the petition on the ground that the petitioner has ,
after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than the
petitioner or committed an act of cruelty or desertion, the written statement shall state the particulars of
such voluntary sexual intercourse, cruelty or desertion.
(15) Interveners Petition : (1) Unless the court for good cause shown otherwise directs, where in the
petition or in the written statement of the respondent alleges voluntary sexual intercourse by the petitioner
with a named person a certified copy of pleadings or material portion thereof containing such charge shall
be served upon the person with whom such voluntary sexual intercourse is alleged to have been
committed, accompanied by notice that such person is entitled within the time therein specified to apply
for leave to intervene in the cause.
(2) (a) Costs regarding intervention : Whenever the Court finds that an intervener had no sufficient
ground for intervening, it may, order the intervener to pay the whole or any part of the cost occasioned by
the application to intervene.
(b) When the Court finds that the allegation of such voluntary sexual intercourse made against the
intervener in any petition or written statement is baseless or not proved and the intervention is justified, it
may order the person making such charge or allegation against the intervener to pay to the intervener the
whole or any part of cost of intervention.
(16) Answer : A person to whom leave to intervene has been granted may file in the Court an answer to
petition or written statement containing the charges or allegations, against such intervener.
(17) Mode of taking evidence : The witnesses in all proceeding before the Court, where their attendance
can be had, shall be examined orally, and any party may offer himself or herself as a witness, and shall be
examined, and may be cross examined and re-examined like any other witness :
Provided that the parties shall be at liberty to verity the respective cases in whole or in part by affidavit
but so that the deponent in every such affidavit shall, on the application of the opposite party, or by
direction of the Court, be subject to the cross-examined, by or on behalf of the opposite party orally, and
after such cross-examination may be re-examined orally, as aforesaid, by or on behalf of the party by
whom such affidavit was filed.
(18) Costs - Whenever in any petition presented by the husband, the person alleged to have voluntary
sexual intercourse with his wife had been made a co-respondent and such voluntary sexual intercourse
with his wife has been established, the Court may order the co-respondent to pay the whole or any part of
the costs of the proceeding :
Provided that the co-respondent shall not be ordered to pay the petitioner's costs :
(i) If the respondent was at the time of such voluntary sexual intercourse living apart from her husband
and leading the life of a prostitute, or
(ii) If the co-respondent had not, at the time of such voluntary sexual intercourse, reason to believe the
respondent to be a married person.
(19) Applications for alimony and maintenance - (a) Every application for maintenance pendent lite
permanent alimony and maintenance, or for custody, maintenance and education expresses of minor
children, shall state the average monthly incomes of the petitioner and the respondent, the sources of
these incomes particulars of other movable and immovable property owned by them, the number of
dependents on the petitioner and the respondent, and the names and ages of such dependents.
(b) Such application shall be supported by an affidavit of the applicant.
(20) Taxation of Costs :- Unless otherwise directed by the Court, the costs of the petition under the Act
shall be costs as taxed in suit.
(21) Order as to Costs :- The award of costs shall be within the discretion of the Court.
(22) Transmission of certified copy of the decree : The Court shall send the certified copy of every decree
for divorce or nullity or dissolution of marriage to the Registrar of Marriages in charge of the Hindu
Marriage Register, if any, or in charge of Register maintained under the Bombay Act V of 1954.
(23) Applicability of the Rules of the City Civil Court, Bombay : Where any applications or petitions
under the Act are filed in the City Civil Court, Bombay, the rules of that Court, except in so far as they are
inconsistent with the Act and these rules, shall apply to such applications or petitions.
CHAPTER XVIII
INSOLVENCY PROCEEDINGS
331. In exercise of the powers conferred by the proviso to sub-section (1) of section 3 of the Provincial
Insolvency Act (V of 1920), and in super session of Government Notification in the Judicial Department,
No. 3358, dated 16th June 1910, the Provincial Government is pleased to invest all Courts of Civil
Judges, (Junior Division) with jurisdiction under the said Act in respect of the following cases, namely :
I Whether the debtor who presents an insolvency petition :
(a) Has been arrested or imprisoned in execution of the decree of any Court for the payment of Money, or
(b) An order of attachment in execution of such a decree has been made, and is subsisting against his
property ; and
(2) Where the creditor who presents an insolvency petition against a debtor is the holder of a decree
passed by any Court against such debtor for the payment of money.
II The Provincial Government in exercise of the said power is pleased to invest all Courts of Civil Judges
(Senior Division) with jurisdiction under the said Act in all classes of cases arising within the local limits
of the jurisdiction of such Courts.
The Bombay Provincial Insolvency Rules, 1924.
332. By virtue of the provisions of section 79 of the Provincial Insolvency Act (V of 1920), and of all
other powers thereunto enabling the High Court of Judicature at Bombay has, with the previous section of
the Provincial Government, and in super session of the Bombay Provincial Insolvency Rules, 1909, made
the following rules for carrying into effect the provisions of the said Act -
I These rules may be called “The Bombay Provincial Insolvency Rules, 1924,” and shall apply to all
proceedings under the Provincial Insolvency Act, 1920, in any Court subordinate to the High Court of
Judicature at Bombay. They shall come into force on the 1st day of December 1924, and shall apply to all
proceedings thereafter instituted, and, as far as may be, to all proceedings then pending.
II The forms mentioned in these rules are the forms in Appendix D Vol. II and shall be used with such
variations as circumstances may require.
III. (1) In these rules, unless there is anything repugment in subject or context, -
“the Act” means the Provincial Insolvency Act, V of 1920 ;
“the Court” includes a receiver when exercising the powers of the Court in accordance with section 80 of
the Act ;
“receiver” means a receiver appointed by the Court under section 56(1) of the Act, and (except where the
context otherwise requires) includes an Official Receiver ;
“interim receiver: means a receiver appointed by the Court under section 20 of the Act ;
“Proved debt” means the claim of a creditor so far as it has been admitted by the Court.
(2) Save as otherwise provided, all words and expressions used in these rules shall have the same
meaning as those assigned to them in the Act.
Insolvency Notice
IV (1) A creditor, desirous that an insolvency notice under sub-section (2) of section 6 may be issued,
shall produce a certified copy of the decree or order on which the notice is founded and file the notice
together with a request to the Court for issue. The creditor shall at the same time lodge with the Court two
copies of the insolvency notice to be sealed and issued for service.
(2) The insolvency notice to be given under the provisions of sub-section (2) of section 6 of the Act shall
be in from 3.
(3) The notice shall state -
(i) the name and address of the creditor or creditors ;
(ii) The decrees or orders for payment of money on which creditors claims are based with particulars
thereof, viz., the number of the suit or proceeding in which the decree or order has been made, the date
thereof and the amount claimed as due thereunder ;
(iii) The aggregate amount due to the creditor or creditors giving the notice under these decrees and
orders ;
(iv) That the execution of any of these decrees or orders has not been stayed ; and
(v) The date (which shall not be less than one month) before which compliance with the requirements of
the notice is asked for ....
(4) The notice shall require the debtor to pay to the creditor the amount claimed or to furnish security for
the payment of the amount to the satisfaction of the creditor or his agent.
(5) There shall also be endorsed on every notice an intimation to the debtor that if he has a counter-claim,
or set-off, which equals or exceeds the decretal amount; or the amount, ordered to be paid by him and
which he could not lawfully set up in the suit or proceeding in which the decree or order was made
against him, he must within the time specified in the notice apply to the Court to set aside the notice.
(6) Non-compliance by the debtor with the requirements of the notice within the specified period will be
treated as an act of insolvency on the debtor's part.
(7) The insolvency notice shall be served on the debtor personally or by registered post.
(8) If the notice is refused, or unserved for any other reason, it shall be published in the local newspaper
and such publication shall be deemed to be sufficient service of notice.
(9) Any person served with an insolvency notice may within the time allowed for compliance with that
notice or such further time as the Court may for sufficient reasons see fit to allow apply to the Court to set
aside the insolvency notice :
(a) On the ground that he has paid the amount claimed or furnished security for the payment of the
amount to the satisfaction of the creditor or his agent ;
(b) On the ground that he has a counter-claim or set-off which equals or exceeds the decretal amount or
the amount ordered to be paid by him and which he could not lawfully set up in the suit or proceeding in
which the decree or order was made ; or
(c) On any other ground which would in law entitled him to have the notice set aside.
(10) Where an application to set aside the insolvency notice has been made and it cannot be disposed of
until after the expiry of the time specified in the notice as the day on which the act of insolvency will be
complete, no act of insolvency shall be deemed to have been committed under the notice until the
application shall be disposed of.
Petitions
V. (1) Every insolvency petition shall be entered in the Register of Insolvency petitions to be maintained
in Form No.19 in all Courts exercising insolvency jurisdiction and shall be given a serial number in that
register and all subsequent proceedings in the same matter shall bear the same number.
(2) Every petition, application, affidavit or order in any proceeding under the Act or under these rules
shall be headed by a cause title in Form No.1.
VI. (1) When an insolvency petition presented by a creditor is admitted, the creditor shall, within seven
days thereafter furnish copy or copies of the petition for service on the debtor or debtors, and in the case
of petitions founded on matters mentioned in section 6(a), (b) and (c) of the Act, the creditor shall, within
seven days after its admission, furnish copy or copies thereof for service on transferee or transferee's,
also. The Chief Ministerial Officer of the Court shall sign, the copy or copies if on examination he finds it
or them to be correct.
(2) The copy or copies shall be served together with the notice of the order fixing the date for hearing the
petition on the debtor or debtors and transferee or transferee's or upon the person upon whom the Court
orders notice to be served. Such notice may, in the discretion of the Court, require the debtor or debtors to
file a schedule containing all the particulars mentioned in section 13(d) and (e) within such time not being
less than ten days from date of service of notice as the Court shall determine.
VII. A debtor's petition shall be in Form No. 2 and a creditor's petition shall be in Form No. 5.
VIII. If a debtor against whom an insolvency petition has been admitted dies before the hearing of the
petition, the Court may order that notice of the order fixing the date for hearing the petition shall be
served on his legal representative or on such other person as the Court may think fit in a manner provided
for the service of summons.
Proof of Debts
IX. (1) Unless otherwise ordered, all claims shall be proved by affidavit in Form No.9 in the manner
provided in section 49 of the Act, provided that before admitting any claim the Court may call for further
evidence.
(2) The affidavit may be made by the creditor or by some person authorised by him, provided that if the
deponent is not the creditor, the affidavit shall state the deponents authority and means of knowledge.
(3) As soon as may be after proof of any debt is tendered, the Court shall, by order in writing, admit the
creditors claim on whole or in part or reject it, provided that when a claim is rejected in whole or in part,
the order shall state briefly the reasons for the rejection.
(4) A copy of every order rejecting a claim, or admitting it in part only, shall be sent by the Court by
registered post to the person making the claim within seven days from the date of the order.
X. In any case in which it shall appear from the debtor's statement that there are numerous claims for
wages by workmen and others employed by the debtor, it shall be sufficient if one proof for all such
claims is made either by the debtor, or by some other person on behalf of all such creditors, Such proof
should be in Form No. 10.
Schedule of Creditors
XI. As soon as the schedule of creditors has been framed, a copy thereof, shall, if a receiver has been
appointed, be supplied to him, and all subsequent entries and alternations made therein shall be
communicated to the receiver, except in cases where the Official Receiver himself frames such schedule
under section 80.
Schemes
XII (1) If a debtor submits a proposal under section 39 (1) of the Act, the Court shall fix a date for the
consideration of the proposal, and notice thereof together with a copy of the terms of the proposal shall be
sent to every creditor who has proved.
(2) At the meeting for the consideration of the proposal, the debtor shall be entitled to address the Court in
person or by lawyer in support of the proposal and every creditor, who has proved shall be entitled in
person or by lawyer to question the debtor and to address the Court.
Receivers
XIII (1) Every receiver or interim receiver other than an Official Receiver shall be required to give such
security as the Court thinks fit; provided that a Nazir, or other Government Officer who is appointed a
receiver or interim receiver ex-officio, and who has already under the Public Accounts Default Act, XII of
1850, or otherwise, given security, that is still valid, for the due account of all moneys which shall come
into his possession or control by reason of his office, shall not be required to give such security unless,
owing to the extent of the assets likely to be realized, or for other special reasons, the Court thinks it
desirable to do so.
(2) The Court shall not require an Official Receiver to give security in each case in which he acts under
section 57(2) ; but he shall, previous to his admission, or within such further time as the Court may allow,
give general security by entering into a recognizance with one or more sufficient sureties in Form No. 18
or by depositing Government Securities, in such sum as the High Court may fix in this behalf.
(3) Where a petition is referred to an Official Receiver for disposal in exercise of his powers under section
80, the Court ordinarily shall, when the debtor is the petitioner, and may, when a creditor is the petitioner,
at the same time appoint him an interim receiver under section 20, and confer on him all the powers
conferable on a receiver under Order XL, rule (1) (d), of the Civil Procedure Code. Such Official
Receiver, upon making an order of adjudication, shall at once apply to the Court for an order appointing
him Receiver for the property of the Insolvent under sections 56 and 57. The Official Receiver should at
the same time submit a draft order in Form No. 8 with the necessary modifications, for signature and
sealing.
XIV (1) The court may remove or discharge any receiver other than an Official Receiver. Any receiver so
removed or discharged, or any Official Receiver suspended or dismissed by the State Government, shall,
unless the Court otherwise orders, deliver up any assets of the debtor in his hands and any books,
accounts or other documents relating to the debtor's property which are in his possession or under his
control to such person as the Court may direct.
(2) If an order of adjudication is annulled, the receiver, if any, shall, unless the Court otherwise orders,
deliver up any assets of the debtor in his hands and any books, accounts or other documents relating to the
debtor's property which are in his possession or under his control to debtor or to such other person as the
Court may direct.
XV. Every receiver or interim receiver shall be deemed for the purpose of the Act and of these rules to be
an officer of the Court.
XVI. (1) Every application to the Court made by a receiver or an interim receiver shall be in writing.
(2) The Court may order that notice of any application by the receiver and of the date fixed for the hearing
of the application shall be sent by registered post to all creditors who have proved.
XVII (1) The remuneration of receivers other than Official Receivers shall be in such proportion to the
amount of the dividends distributed as the Court may direct, provided that if over Rs. 25, it does not
exceed five per centum of the amount of the dividends.
(2) When a receiver realizes the security of a secured creditor, the Court may direct additional
remunerations to be paid to him with reference to the amount of work which he has done and the benefit
resulting to the creditors.
(3) If a receiver other than the Official Receiver has been appointed in an insolvency in which the Court
makes an order approving a proposal under section 39 of the Act, the remuneration to be paid to the
receiver shall be fixed by the Court, and the order approving the proposal shall make provision for the
payment of the remuneration and shall be subject to the payment thereof.
XVIII. The receiver in making his report shall state whether in his opinion any of the facts mentioned in
section 42, sub section (1) of the Act exist, and if the debtor makes a proposal under section 38 (1) of the
Act, the receiver shall state in his report whether in his opinion the proposal is reasonable and is likely to
benefit the general body of the creditors and shall state the reasons for his opinion.
XIX. If the Court directs, the debtor shall furnish the receiver or if a receiver has not been appointed, the
Court, with a trading account, and an account showing all moneys and securities paid, disposal of or
encumbered, or recovered by or from the debtor or on his account and his income and the source thereof
for such period as the receiver or, if a receiver has not been appointed, the Court may direct : provided
that the receiver shall not, without the previous sanction of the Court, direct the debtor to furnish accounts
for more than two years before the date of the presentation of the insolvency petition.
XX. (1) The receiver shall keep a cash book and such books and other papers as are necessary to give a
correct view of his administration of the estate, and shall submit his accounts at such times and in such
forms as the Court may direct. In the absence of a direction in that behalf, the receiver shall submit his
accounts within six months of his appointment and will thereafter submit his accounts once in every three
months. Such accounts shall be audited by such person or persons as the Court may direct. The costs of
the audit shall be fixed by the Court and shall be paid out of the estate.
(2) Any creditor who has proved his debt, or the debtor, shall be entitled to obtain a copy of the Receiver's
accounts or any part thereof relating to the estate, on payment of the legal fees therefore.
XXII. The receiver shall deposit all valuable securities for safe custody with the Nazir or, if so ordered by
the Court, in the State Bank of India, and whenever a sum exceeding Rs. 500 shall stand to the credit of
any one estate, the receiver shall give notice thereof to the Court, and, unless it shall appear that a
dividend is about to be immediately declared, he shall obtain the Court's order to invest the same in a;
Promissory Note of the Government of India or in Post Office cash certificate.
Dividends
XXII. No dividend shall be distributed by a receiver without the previous sanction of the Court.
XXIII. The amount of the dividend may, at the request and risk of the creditor, be transmitted to him by
post.
Discharge
XXIV. (1) An application for discharge shall not ordinarily be heard until after the schedule of creditors
has been framed and the receiver has submitted his report. The receiver, if he is in a position to make it
and has not already done so, shall file his report in Court not less than fourteen days before the date fixed
for the hearing of the application.
(2) Every creditor who has proved shall be entitled in person or by lawyer to appear at the hearing and
oppose the discharge : provided that he has served upon the insolvent and upon the receiver, if any, not
less than seven days before the date fixed for the hearing a notice stating the ground of his opposition to
the discharge.
(3) A creditor who has not served prescribed notices shall not, unless the Court otherwise directs, be
permitted to oppose the discharge of the debtor ; and a creditor who has served the prescribed notices
shall not be permitted, unless the Court otherwise directs, to oppose the discharge on any grounds not
specified in the notice.
(4) At the hearing of the application, the Court may hear any evidence, which may be tendered by a
creditor who has served the prescribed notices, or by the receiver and also any evidence which may be
tendered on behalf of the debtor and shall examine the debtor, if necessary, for the purpose of explaining
any evidence tendered and may hear the receiver, the debtor, in person or by lawyer, and any creditor, in
person or by lawyer who has served the prescribed notice.
(5) Any case in which the debtor fails to apply for his discharge within the period allowed by the Court
under section 27 shall be brought up for orders under section 43. If the Court has omitted to specify a
period under section 27 (1) and the debtor has not already applied for discharge, the Court upon receipt of
the receiver's report shall fix a period within which the debtor shall apply for an order of discharge.
Notice of such period shall be given to the Receiver and the debtor and if, on its expiry, the debtor has not
applied accordingly, the case shall be brought up for orders under section 43.
XXV. (1) The notices to be given under sections 30 and 37 (2) of the Act shall be published in the
Maharashtra Government Gazette, free of charge in English, and if the Court so directs, in any suitable
newspaper in English or regional language, and copies of the notices in English and in the language of the
Court, shall be affixed to the notice-board of the Court.
(2) The notices to be given under sections 19(2), 38 (1) and 41 (1) of the Act shall be published in any
suitable newspaper in English or regional language, and if the Court so directs, in the Maharashtra
Government Gazette, and copies of the notices in English and in the language of the Court shall be
affixed to the notice-board of the Court.
(3) Notice of the date fixed for the hearing of any insolvency petition under section 19 (1) of the Act shall
be sent by the Court by registered post, if the petition is by the debtor, to all creditors, mentioned in the
petition, and if the petition is by a creditor, to the debtor not less than fourteen days before the said date.
(4) When in a creditor's petition it is alleged that the debtor has committed one or more of the acts of
insolvency mentioned in clause (a), (b) or (c) of section 6, notice of the date fixed for hearing of the
Insolvency petition under section 19 (1) of the Act, shall also be served on the transferee or transferee's or
their successors in the title by registered post or otherwise, as directed by the Court to the address
supplied by the petitioner.
(5) Notice of the date fixed for the consideration of a proposal under section 38 (1) of the Act shall be sent
by the Court by registered post to all creditors who have tendered proof of their debts not less than
fourteen days before the said date.
(6) Notice of the date fixed for the hearing of an application for discharge under section 41(1) of the Act
shall be dispatched by the Court by registered post to all persons who names have been entered in the
schedule of creditors not less than fourteen days before the said date.
(7) The notice to be given under section 64 of the Act shall be sent by the receiver by registered post to all
persons whose claims to be creditors have been notified but not proved not less than one calendar month
before the limit of time fixed for proving claims.
(8) The notice to be given under section 33(3) of the Act shall be served only on the debtor and on the
creditors whose names appear in the schedule of creditors and may, if the Court so directs, be served on
any or all suit creditors by registered post.
(9) The Court may, instead of or in addition to forwarding a notice by registered post under the foregoing
rules, cause it to be served in the manner prescribed for the service of summons.
(10) In addition to the prescribed methods of publication, any notice may be published otherwise in such
manner as the Court may direct, for instance, by affixing copies in the Court house or by beat of a drum in
the village in which the debtor resides.
(11) It shall not be necessary to give notice of the date to which the hearing of a petition or of an
application for discharge or the consideration of a proposal is adjourned.
Summary Administration
XXVI. When an estate is ordered to be administered in a summary manner under section 74 of the Act,
the provisions of the Act and rules shall, subject to any special directions of the Court and in addition to
the modifications contained in section 74, be modified as follows, namely :-
(i) There shall be no advertisement of any proceedings in a local paper.
(ii) The petition and all subsequent proceedings shall be endorsed “Summary Case “.
(iii) The notice of the hearing of the petition too the creditors shall be in Form No. 17.
(iv) The Court shall examine the debtor as to his affairs but shall not be bound to call a meeting of
creditors, but the creditors shall be entitled to be heard and to cross-examine the debtor.
(v) The appointment of a receiver will generally not be necessary and the Court may act under section 58
of the Act in order to reduce the cost of the proceedings.
Sale of immovable property of debtor
XXVII. If no receiver is appointed and the Court, in exercise of its powers under section 58 of the Act,
sells any immovable property of the debtor, the deed of sale of the said property shall be prepared by the
purchaser at his own costs and shall (subject to any modifications the Court thinks necessary) be signed
by the Presiding Officer of the Court.
Costs
XXVIII. (1) All proceedings under the Act down to and including the making of an order of adjudication
shall be at the cost of the party prosecuting them; but when an order of adjudication has been made, the
costs of the petitioning creditor shall be taxed and be payable out of the estate.
(2) Before making an order in an insolvency petition presented by a debtor, the Court may require the
debtor to deposit in Court a sum sufficient to cover the costs of sending the prescribed notices of the
hearing of petition.
(3) No costs incurred by a debtor of, or incidental to, an application to approve a composition or scheme
shall be allowed out of the estate, if the Court refuses to approve the composition or scheme.
(4) Whenever a creditor presents an insolvency petition, he shall deposit in Court the sum of Rs. 150 to
cover expenses. Such deposits shall be paid out of the first available assets realized.
Procedure where the Debtor is a firm
XXIX. (1) Where any notice, declaration, petition or other documents, requiring attestation is signed by a
firm of creditors or debtors in the firm name, the partner signing for the firm shall also add his own
signature, e.g., “Brown & Co., by James Green, a partner in the said firm.”
(2) Any notice or petition for which personal service is necessary shall be deemed to be duly served on all
the members of a firm if it is served at the principal place of business of the firm within the jurisdiction of
the Court, on any one of the partners, or upon any person having at the time of service the control or
management of the partnership business there.
(3) The provisions of the last preceding rule shall so far as the nature of the case will admit, apply in the
case of any person carrying business within the jurisdiction in a name or style other than his own.
(4) Where a firm of debtors file an insolvency petition, the same shall contain the names in full of the
individual partners, and if such petition is signed in the firm name, the petition shall be accompanied by
an affidavit made by the partner who signs the petition showing that all the partners concur in the filing of
the same.
(5) An adjudication order made against a firm shall operate as if it were an adjudication order made
against each of the persons who at the date of the order is a partner in that firm.
(6) In cases of partnership, the debtors shall submit a schedule of their partnership affairs, and each debtor
shall submit a schedule of his separate affairs.
(7) The joint creditors, and each set of separate creditors, may severally accept compositions or schemes
of arrangement. So, far as circumstances will allow, a proposal accepted by joint creditors may be
approved in the prescribed manner, notwithstanding that the proposals or proposal of some or one of the
debtors made to their or his separate creditors may not be accepted.
(8) Where proposals for compositions or schemes are made by a firm, and by the partners therein
individually, the proposals made to the joint creditors shall be considered and voted upon by them apart
from every set of separate creditors ; and the proposal made to each set of creditors shall be considered
and voted upon by such separate set of creditors apart from all other creditors. Such proposals may vary
in character and amount. Where a composition or scheme is approved, the adjudication order shall be
annulled only so far as it relates to the estate the creditors of which have confirmed the composition or
scheme.
(9) If nay two or more of the members of a partnership constitute a separate and independent firm, the
creditors of such last mentioned firm shall be deemed to a separate set of creditors, and to be on the same
footing as the separate creditors of any individual member of the firm. And when any surplus shall arise
upon the administration of the assets of such separate or independent firm, the same shall be carried over
to the separate estates of the partners in such separate and independent firm according to their respective
rights therein.
Inspection of proceedings
XXX. All insolvency proceedings may be inspected at such times and subject to such restrictions, as the
Court may prescribe, by the receiver, the debtor, any creditor who has proved or any legal representative
on their behalf.
Lawyer's Fees
XXXI. The fees allowed to lawyers as costs in any proceedings under the Act shall be such as are allowed
under the rules of the Court for a miscellaneous proceeding.
Appointment and procedure of the Committees of Inspection under section 67-A

of the Provincial Insolvency Act.
333. The following rules have been framed with respect to the appointment and procedure of committees
of Inspection :-
(1) In any case in which the Court authorises the creditors to appoint a Committee of Inspection pursuant
to the provisions of section 67-A of the Act, the Court shall, by the order of adjudication or any
subsequent order, fix a date for the holding of a meeting of the persons to vote for the purpose of selecting
the members of the Committee. A notice mentioning the date fixed shall be put up on the Notice Board of
the Court.
(2) The committee shall consist of not more than five nor less than three persons.
(3) The Committee shall meet at such time as they shall from time to time appoint, and failing such
appointment, at least once a month, and the Receiver or any two members of the Committee may call a
meeting as and when necessary.
(4) The Committee may act by a majority of members present at a meeting, but shall not act unless a
majority of the Committee is present at the meeting.
(5) Any member of the Committee may resign his office by the notice in writing signed by him and
delivered to the Receiver.
(6) If a member of a Committee becomes insolvent or is absent from five consecutive meetings of the
Committee, his office shall thereupon become vacant.
(7) Any member of a Committee may be removed by a resolution passed at any meeting of the creditors
of which seven days notice has been given stating the object of the meeting.
(8) On a vacancy occurring in the office of a member of a Committee, the Receiver shall forthwith
summon a meeting of creditors for purpose of filing the vacancy, and the meeting may, by resolution,
appoint another person to fill the vacancy.
(9) The continuing members of the Committee of Inspection, provided there be not less than two such
continuing members, may act notwithstanding any vacancy in their body, and when the number of
members of Committee is for the time being less than five, the creditors may increase their number so that
it does not exceed five.
(10) When a Committee has been appointed, the Receiver shall, in the administration of the property of
the insolvent and in the distribution thereof amongst his creditors, have regard to any suggestions that the
Committee may give by resolution. If the Receiver thinks that any suggestion of the Committee is not in
the interests of the general body of creditors, he may report the matter to the Court, which will give such
instructions as it may consider just and necessary.
(11) The Court shall afford an opportunity to the Committee of Inspection for being heard before orders
are passed on any such report submitted by the Receiver.
(12) The Court may, in order to decide the matter in dispute, call a meeting of the general body of
creditors and consider their views before arriving at a conclusion.
(13) The Receiver shall ordinarily act as the Secretary of the Committee and maintain a record of its
proceedings in a bound register.
(14) No defect or irregularity in the appointment or selection of a member of the Committee of Inspection
shall vitiate any act done by the Receiver in good faith.
(15) The Receiver shall afford all the members of the Committee, both individually and collectively,
reasonable facilities to examine at his office any of his records and registers during the working hours of
the Court. The Receiver shall also give the Committee and its members any information which they
require and give them every assistance and facility in the discharge of their functions.
(16) The Receiver shall, from time to time as ordered by the Court and not less than once in every quarter,
submit to a member of the Committee appointed by the Committee to receive it an account of the estate
duly verified.
334. (1) The District and Sessions Judge should see that in cases where notices under Sections 19(2),
38(1) and 41(1) of the Provincial Insolvency Act are published at the expenses of parties, the amount
towards publications of such notices in the Maharashtra Government Gazette is recovered in advance
from the parties concerned and paid to the Director, Printing and Stationery, Bombay, immediately after
the bill in that behalf is received from him. Immediately steps should also be taken towards the payment
of outstanding bills in this behalf, if any, received from the Director, Printing and Stationery, Bombay.
(2) The work of the Nazirs and other Court Officers responsible for giving effect to Insolvency decrees
should be sufficiently checked in order expedite all Insolvency proceedings, which, generally long at all
times, are still further protracted for want of sufficient check.
With the intention of defrauding creditors need deterrent punishments.

335. (i) All clear cases of offences committed during Insolvency proceedings section.
(ii) attention is drawn to the necessity of enforcing strictly the provisions of section 22 and utilizing, when
necessary, the provisions of section 69, against a debtor who has willfully failed to perform the duties
imposed on him thereunder.
(iii) The following principles should be observed in applying the provisions of section 29 of the Act. In
any case in which the suit is merely one to establish a claim which in insolvency would be a provable
debt or liability, the correct course clearly is to stay the suit in order that the plaintiff's claim may be
proved in the insolvency and give leave to prove for the costs incurred in the suit. It is much better that it
should be proved in the insolvency than that a law suit should go on either against the insolvent who has
no interest or his receiver .The only cases in which suits should be allowed to go on against the insolvent
or his receiver are cases in which the insolvent has an interest of his own , or cases is in which the
plaintiff is insisting upon a right which is not a mere claim to a provable debt, e.g., where the plaintiff is a
mortgagee insisting upon his security.
336. Attention is also drawn to the necessity of enforcing strictly the provisions of section 41 of the
Provincial Insolvency Act (V of 1920), and obliging insolvents to apply for discharge within the time
specified, and utilizing the provisions of section 43. Unless an insolvency is in due form annulled, the
insolvent should in every case be proceeded against, if he does not apply for his discharge within the time
limited. It may be that receivers postpone or agree to the postponement of the date of application for
discharge, because the discharge, when granted, terminates the time during which any property accruing
to the insolvent ensures for the benefit of his creditors. In such cases, however, the proper course, as a
rule, is not to postpone the application for discharge, but to make the application, the Court being able to
suspend the discharge for such period as is proper.
CHAPTER XIX
MISCELLANEOUS PROCEEDINGS REQUIRING JUDICIAL INQUIRY.
337. (i) Under the head Miscellaneous Judicial Proceedings are included all proceedings are enquiries of a
judicial nature which do not form part of the proceedings in a suit or darkhast or appeal pending before
the Court.
(ii) The expression includes :-
Proceedings under section 148-A of Civil Procedure Code, read with rules framed by the High Court
under section 122 of Civil Procedure Code.
Proceedings of Applications under section 39, read with rule 22, Order XXI of Code of Civil Procedure,
for transfer of a decree to another Court for execution.
Proceedings under Regulation VIII of 1827.
Proceedings under section 83 of the Transfer of Property Act ;
Proceedings of judicial nature under the Guardians and wards Act; including under the Hindu Minority
and Guardianship Act.
Proceedings under section 340 and 345 Criminal Procedure Code.
Proceedings under Order IX rules 4, 9 and 13 Civil Procedure Code.
Proceedings under Order XXI, rule 2 to certify a payment when there is no darkhast pending;
Granishee proceedings under rules 46-A to 46-I in order XXI of Code of Civil Procedure, 1908 for
attachment of debt under Rule 46(i).
Proceeding under Order XXI, rules 58, 97 and 99 Civil Procedure Code.
Proceedings on application under Order XXI, rules 89 and 90, Civil Procedure Code, to set aside a sale;
Proceedings under Order XXXIII, rule 2, for permission to sue as an indigent person.
Proceedings under Order XLI, rules 19 and 21 for readmission of a dismissed appeal or under Order XLI,
rule 21, to re-hear an appeal decided ex-parte.
Proceedings under section 24, Civil Procedure Code for transfer of suit, appeal or any proceedings etc.
Proceedings under section 144, Civil Procedure Code for restitution etc.
Proceedings under section 5 of the Indian Limitation Act;
Proceedings under the Provincial Insolvency Act;
Proceedings under Indian Succession Act, XXXIX of 1925.
Proceedings under section 24 of the Bombay Money Lenders Act;
Proceeding under section 47 of the Bombay Agricultural Debtors Relief Act;
Proceedings on applications under Special Acts;
And other proceedings on application in which relief is asked against a person not a party to suit or
proceedings.
338. The instructions as to suits contained in this Manual apply, in so far as they are applicable, to all
miscellaneous proceedings requiring judicial enquiry. All such applications requiring judicial
investigation should be verified in the same manner as plaints.
339. All these applications must be registered in the following form :
Register of Miscellaneous Applications requiring judicial Enquiry for the year 19
Date of prese- No. of Name of No. of Nature Date Date of Substa-nce Date of Decree Steps taken
ntation petition Petitioner Suit, of the fixed for actual of the order Appeal in for execut-
and Oppon- Appeal Petition disposal disposal passed if any Appeal ion with
ant. etc to and results
which date thereof.
Petition
refers
1 2 3 4 5 6 7 8 9 10 11
Note : The entries in this register should be as concise as possible.

340. A roznama or diary of these proceedings should be kept s in the case of suits.
341. The Courts may make use of the provisions of Order XIX of the Court of Code of Civil Procedure
regarding affidavits.
CHAPTER XX
MISCELLANEOUS APPLICATIONS NOT REQUIRING

JUDICIAL ENQUIRY
342. The following are some examples of applications not requiring judicial inquiry.
(1) Applications under section 39 of Civil Procedure Code to transfer a decree to another Court for
execution.
(2) Applications under Order XXI, rule 94 of Civil Procedure Code for granting a sale certificate.
(3) Applications under section 152, Civil Procedure Code, for correcting clerical or arithmetical mistakes
or an accidental slip or omission in a judgment, decree or order.
(4) Applications for orders regarding re-construction of documents in cases where the originals are lost or
destroyed.
343. For such proceedings a register in the following form should be kept :
Register of Miscellaneous Applications not requiring Judicial Enquiry Court of the Civil Judge of
Date Court's consecutive Name of Petitioner Nature of Order thereon Remarks

number Petition
1 2 3 4 5 6
Note : Applications for copies should not be entered in this register, but in the Register of applications for
copies. The entries in this register should be as concise as possible.
344. Applications entered in the above register are not to be entered in the Inward and Outward Registers
(Barnishi), which are for correspondence with the District Judge and other officers.
The several columns are to be filled in as follows :
Column 1. The date on which the application was presented.

Column 2. The Court's consecutive number of the application.
Column 3. Name of the applicant.
Column 4. The subject of the application to be stated as concisely as possible.
Column 5. The orders passed thereon. If the report of the Nazir or other officer of the Court be required, it
should be so mentioned, and the matter, when it again comes before the Court, should be re-entered, but
solely by its number in column 2, the date of lase previous entry in column 3 and the final order in
column 5, the date of the final order being noted in column 6 of the former entry.
Column 6. Remarks, such as those mentioned in the explanation of column 5 or the like.
CHAPTER XXI
EXECUTION OF DECREES
General
345. Where disputes arise in the course of execution proceedings, the provision as to suits, unless
inapplicable, should be followed. In such cases, issues must be framed, evidence taken and judgment
written according to the law applicable to suits.
346. The law relating to the execution of decrees is to be found in section 36 to 67, 73, 74 and 135 and
Order XXI of the Code. The Code imposes on the Judge considerable responsibilities in execution
matters. The work of execution is carried out by the Court through its agents. It is essential, according to
the scheme of the Code, that the Court should know fully and precisely how far its decrees are satisfied.
The Court has the responsibility of preventing the sale of property in which the judgmetn debtor does not
prima facie appear to have an interest; of seeing that property of a value far in excess of the amount of
debt is not sold; of seeing that a reasonable price is realised and of securing that intending purchasers
shall have the opportunity of knowing all that it is material for them to know concerning the property. As
the sale is held by the Court, it must be conducted in a way just to all parties concerned.
Applications for execution of decrees and orders thereon
347. Except an application made immediately after a decree is passed, every application for execution
shall be made in writing in Form No. 6, Appendix E, and signed and verified.
348. As soon as an application for execution is presented, the date of presentation shall be endorsed
thereon by the Clerk of the Court or such other Officer as may be appointed by the Court.
349. The next step is the examination of the application. This examination should be particularly directed
to ascertaining :
(i) Whether it is in conformity with Form No. 6 in Appendix E, Schedule I of the Code.
(ii) Whether it is properly signed and verified.
(iii) Whether it contains the particulars about the number of the suit, names of the parties and date of the
decree.
(iv) Whether it contains information as to whether an appeal has been preferred from the decree.
(v) Whether it states if any payment or adjustment of the matter in controversy has been made between
the parties subsequent to the decree.
(vi) Whether it contains information about previous applications for execution of the decree, if any.
(vii) Whether it contains particulars about the dates of previous application, if any, and their results.
(viii) Whether it mentions the amount of costs, if any, awarded.
(ix) Whether it gives the name of the person against whom execution of the decree is sought.
(x) Whether it mentions the mode in which the assistance of the Court is required.
(xi) Whether the decree-holder has stated in grounds or given an affidavit stating the grounds for arrest in
the application in case when he wants to arrest and to detain the judgment debtor in Civil Prison.
(xii) Whether it is filled in time.
(xiii) Whether it is accompanied by a copy of the decree.
Note : Until such time the decree is not drawn up, a certified copy of the lase paragraph of the judgment,
indicating the names and addresses of all the parties to the suit, shall be considered sufficient for the
purpose of initiating the execution of the decree.
A certified copy of the decree must, however, be produced for substituting the copy of the last paragraph
of judgment, as soon as the decree is drawn up, (Rule 6A (2)(b) Order XX, C.P.C.)
(xiv) Whether in the case of an application for attachment of movable property, the application is
accompanied by an annexure showing the inventory of the property to be attached and its description.
(xv) Whether, in the case of an application for attachment of immovable property, it contains sufficient
details of the description of the property to enable its identification, and specifies the share or interest of
the judgment-debtor, as required by rule 13 of Order XXI.
(xvi) Whether, in the case of an application for attachment of land assessed to the payment of revenue to
the Government, it is accompanied by a certified copy of the current entry in the Record of Rights or
Register of Mutations or Register to Tenancies in regard to such lands.
(xvii) Whether, where the application is by an heir of the deceased decree-holder a Succession Certificate
is required.
350. The Officer examining the application for execution shall also verity the correctness of the
particulars furnished by the applicant so far as they can be ascertained from the records of the Court viz.,
Register of Suits, Register or applications for execution and previous Darkhast proceedings. He should
also ascertain whether any stay order is received from the Appellate Court.
351. If the Officer examining the application (darkhast) finds that it complies with all the requirements
and is correct in all respects, he should make an endorsement on the Darkhast “Examined and ordered to
be registered” with the date and his signature. If he thinks that the Darkhast should be amended or
corrected, he should refer the matter to the Judge for orders.
352. Where, upon examination, the application is found to be correct and in order, it should be entered in
the Register of applications for execution. Two separate Registers should be maintained, one for
applications for execution of decrees in Regular Suits, and the other for Applications for execution of
decrees in Small Cause Suits.
353. Every application for execution of a decree should be placed before the Judge for orders as soon as
possible, and in no case later than five days from its presentation, without the special orders of the Judge.
As regards the Linked Courts, a clerk should be sent to the Station where the Judge sits on deputation for
obtaining orders on the application for execution of decree within the stipulated time mentioned above.
For this purpose, the Clerk of the Court or the Nazir should not be sent but only the concerned clerk
should be sent.
354. Interlineations, erasures or corrections in the application should be initialed by the party or his
lawyer, and by the Officer reiving it.
355. Applications for execution of decrees are proceedings in suit and do not require fresh Vakalatnamas
unless the engagement has been terminated by the lawyer or the party engaging him. A memo of
appearance should, however, be filed by the lawyer stating that he had filed the vakalatnama in the suit
and his engagement still continues.
356. On every application for execution, which is found to be in order, the Court shall pass an order
directing the execution of the decree or the issue of a notice under rule 22 or under rule 37 of Order XXI,
as the case may require.
357. The returnable date given in the notice which may be issued under the above paragraph should be
treated as the date of hearing of the application and the application would be entered on the notice board
accordingly.
358. When a decree is ordered to be executed and process issued, the Court should see that it is executed
and, if it is not executed, ascertain the reasons for its non-execution. Certain modes of execution are
described in rules 30 to 36 or Order XXI.
359. A final order should be made upon every application for execution, such order may also provide for
costs. The final order may be, for example, the dismissal of the application, as provided by Order XXI,
rule 57, or an order that no further proceedings are required or can be taken. An order that the application
is struck off or that it is consigned to the record is not a satisfactory order.
No final order should be made in any case unless the decree-holder or his lawyer is present, or has had an
opportunity of appearing and applying for an adjournment or for taking further proceedings.
When a darkhast is disposed of, an endorsement should be made on the copy of the decree as to in what
manner and to what extent the decree is satisfied. The endorsement should be signed by the Judge and not
by any ministerial officer of the Court.
General Instructions for the conduct of business in execution proceedings
360. To prevent delay in executing processes, and to avoid post-ponement of an attachment or sale
consequent on the temporary absence of a Civil Judge or the closing of his Court at other times than
during vacations and sanctioned holidays, the District Judge should direct the Civil Judge who may be
appointed under section 37 of the Bombay Civil Courts Act, XIV of 1869, to perform the duties of the
Judge of the vacations Court, to carry on all processes for execution of decree or other proceedings in
execution.
361. If the record of the proceedings in the suit is not before the Court, it may refuse to entertain an
application for execution, unless the application is accompanied by a certified copy of the decree. (See
Order XX, Rule 11(3)). But if the application is made to a Court, to which a copy of the decree has been
sent under rule 6 of Order XXI of the Civil Procedure Code, a fresh copy of the decree need not be
produced with the application.
362. The decree holder is not entitled to receive back the copy of the decree until the application has been
finally disposed of and the period of appeal has expired; thereafter the Court may return the copy, if it
deems it fit to do so.
The copy should be filed in the proceedings and numbered as an exhibit and costs in respect thereof
should be included in the costs of the applications. If the copy is not returned to the decree-holder, it
should be kept with the proceedings and eventually sent with them to the record room.
363. A Roznama or diary should be kept for all execution proceedings to which, so far as applicable, the
instructions in paragraph 28 of Chapter II apply.
364. (1) A Register of Applications for Execution should be kept in Form No. I given in the Civil Manual,
1986, Volume II. In this Register should be entered all applications for execution including applications
made in decree transferred from other Courts for execution. It should be regularly written.
(2) Entires regarding execution should also be made in the Register of Suits.
(3) In column No. 3 of the Register of Applications for Execution the following matters should be entered
:-
(i) the first order regarding issue of notice under Order XXI, rules 16, 22 and 37.
(ii) the Orders for issue of process in execution ; and
(iii) the final order disposing of the application together with the order regarding costs.
365. A Register of Decrees received for execution from other Courts should be kept in Form No. 1-A
given of this Manual, Volume II. In this register should be entered serially and date-wise all decrees
received for execution from other Courts. The serial number of the decree in this register should be
written out boldly and conspicuously on the certificate received along with the decree and all these decree
with certificates should be kept i a file in their serial order until an application is made by the decree
holder for execution the decree.
366. Separate registers should be maintained for applications for the execution of decrees made by a
Court in the exercise of its Small Cause Court jurisdiction and of decrees made in the exercise of its
Regular jurisdiction.
367. When an application for executing a decree made in the exercise of the Small Cause Court
jurisdiction is made to a Court for execution the same on its Regular Side and the same is granted, the
application should be registered in the Register of applications for Execution maintained on the Regular
Side, Similarly, when an application for the execution of a decree made in the exercise of the Regular
jurisdiction is made to a Court for executing the same on the Small Cause Side and the same is granted,
the application should be registered in the Register of Applications for Execution maintained on the Small
Cause Side.
Attention is invited to section 34 of the Provincial Small Cause Courts Act, 1887 (Act IX of 1887). When
a Court transfers for execution a decree passed in the exercise of the Small Cause Court Jurisdiction to its
Regular Side and vice versa, it shall not ordinarily be necessary to send the documents mentioned in
Order XXI, rule 6 of the Code of Civil Procedure (Act V of 1908) along with the decree.
368. (i) Rule 1 of Order XXI requires that when money payable under a decree is paid into Court, notice
of such payment shall be given to the decree holder either by the judgment debtor or at his instance by the
Court, such notice issued by the court may be in Form 3 of Appendix H, Schedule I of the Code. The
Court should also take such steps as it conveniently can, to prevent money due to decree-holders from
remaining unpaid and lying with the Court or in the Government Treasury.
(ii) Where money due under a decree is remitted to Court by the judgment debtor by money order or
through a Bank or by other recognised mode and the judgment debtor or his lawyer is not available to pay
the process fees for the notice required to be issued under rule 1(2) of Order XXI, the notice may be
issued initially at Court's costs, but the process fees should subsequently be recovered from the judgment
debtor.
369. Rule 2 of Order XXI shows that it is the intention of the Code that the Court should be informed of
all payments and adjustments made out of Court. Bailiffs who have executed or attempted to execute
process in execution of a decree should be required to report all payments or adjustment which come to
their notice. Nazirs should take special care to have this direction carried out. When a payment or
adjustment comes to the notice of the Court which has not been certified by the decree holder, whether
brought to its notice by the judgment debtor or not, it is open to the Court to ascertain the facts from the
lawyer of the decree holder, if he is represented by one, or to issue notice to the decree holder, to show
cause why he should not certify it. This notice should be in Form 1, Appendix E, Schedule I, of the Code.
370. All payments, satisfaction of adjustment whether made out of Court or not, and whether made in
execution of a decree in the Court which made it or to which it is sent should be entered in the Register of
Suits, and also in the Register of Application for Execution if an application for execution be then
pending.
371. The payment of decrctal amounts to the Court or to the decree holder by money order should be
encouraged.
372. Where the decrctal holder has asked that the money should be sent by money order or by a bank
draft the Court may, after making all necessary and lawful deductions send him the amount due -
(1) by money order, if the amount does not exceed Rs. 600;
(2) by rank draft by registered post acknowledgment due provided the submits in advance duly stamped
receipt for the amount due, in the form given below :-
Form of Receipt
Received the sum of Rs. (Rupees no. only)

by Bank Draft from the Court at being the
amount deposited in the Court at in
connection with
Dated : (Stamp)
(Signature of Payee.)
373. In all the Subordinate Courts, the Judges should as a general rule make payments of decretal
amounts to decree holder or their lawyers on all working days. The rule may be departed from in Caset
where the District Judge considers that the local conditions make daily payments impracticable. In all
such cases the District Judge should report the grounds of his opinion to the High Court.
374. In addition to the usual orders, endorsements and reports, each paper filed in an execution
proceeding should bear an endorsement showing the number allotted to it and entered in the Roznama and
the number of the application for execution. When the execution is completed, all the papers should be
placed with the Roznama so as to form a complete case for record.
375. When process for execution, it may be signed by the Clerk of the Court or other officer of the Court
appointed in that behalf (O. XXI Rule 24). The forms prescribed by the Code are in Appendix E, others
will be found Volume II. In case of doubt as to what forms should be used, the matter should be referred
to the Judge.
376. The actual execution of the process should be according to the usual practice of the Court, unless the
Judge orders an exception to be made. The issue of process for execution and the supervision of the work
of execution should be in the hands of the Nazir or of such officer of the Court as is appointed in that
behalf.
377. When execution of a decree is stayed by a competent Court, the application for such execution
should not be struck off the file, but adjourned pending the final order of the Court staying execution.
378. The orders mentioned in paragraph 364 above as requiring to be entered in column 3 of the Register
of application for execution and all other judicial orders which cannot be endorsed on separate application
or exhibited in the proceedings, should be endorsed on the application for execution.
These orders need not be copied in the Roznama.

Notice to the judgment debtor.
379. The law as to notice to the Judgment debtor is contained in rule 22 of Order XXI and a form of
notice is given s No. 7 of Appendix E, Schedule I, of the Code.
380. The order for the appointment of guardian ad litem for the minor legal representative of a deceased
judgment debtor should be made in Form No. 2 of Volume II.
Execution by other Courts.

381. (i) The law on this subject is contained in sections 38 to 46 and rules 3 to 9 of Order XXI of the
Code. The forms to be used are Nos. 2,3,4 and 5 of Appendix E of Schedule I of the Code. Decreases may
be sent to Courts in this country or to courts in other countries.
(ii) The documents mentioned in rule 6 of Order XXI should be sent to the foreign Court concerned while
sending the decree for execution.
Execution by Indian Courts of Decrees of Courts outside India and Vice Versa
382. The execution by Indian Courts of decrees of Courts outside India and the execution by Courts
outside India of decrees of Indian Courts, is possible only if specific provision has been made in that
behalf. The ordinary rule is that the Courts of one country do not execute the decrees of the Courts of
another and that to enforce a foreign judgment it is necessary to bring a suit.
383. (i) Sections 43, 44 and 44-A, Civil Procedure Code provide for the execution by Indian Courts of
decrees passed outside India.
(ii) Section 43 provides for the execution of decrees passed by (a) Civil Courts established in such parts
of India to which the Code does not extend as referred to in sub-section (3) of Section 1 of the Code, and
(b) Courts which have been established or continued by the authority of the Central Government.
(iii) Civil Courts in the State of Pondicherry would be within the purview of clause (b) above, as those
Courts have been continued by the authority of the Central Government.
(iv) Section 44 provides for the execution of decrees passed by Revenue Courts in places to which the
Code does not extend.
In exercise of the powers conferred by that section, the Government of Bombay have declared by
Notification No. 8109/5/11-B, dated 4th February 1954, that the decrees of Revenue Courts situate in the
territories specified below may be executed in the State of Bombay as if they had been passed by the
Courts in the State of Bombay :
(1) The Tribal areas in the State of Assam ;

(2) The scheduled areas in the State of Madras ;
(3) The State of Jammu and Kashmir ;
(4) The State of Manipur.
384. Section 44-A applies to decrees of superior Courts of the reciprocating territories. The following
countries or territories specified in column 1 of the Schedule appended hereto have been declared to be
the reciprocating territories for the execution of decrees of the superior Courts specified in column 2 of
the said schedule :
Schedule
Country Courts Government Authority
1. United kingdom (1) House of Lords (2) The Court Government Notification. Ministry
of Appeal (3) High Court of of Law, No S.R.O. 399 dated 1st
England (4) The Court of Session March 1953, as amended by G.S.R.
in Scotland. (5) High Court in 201, dated 13th March 1958.
Northern Ireland. (6) The Court of
Chancery of the Counrty Palatine
of Lancaster. (7) The Court of
Country Courts Government Authority
Chancery of the Country Palatine

of Durham.
2. Aden The Supreme Court Government Notification, Ministry

of Law, No S.R.O. 183 dated 18th
January 1956.
3. Fiji Supreme Court Government Notification, Ministry

of Law, No S.R.O. 1959 dated 22nd
March 1954.
4. Republic of Singapore High Court Government Notification, Ministry

of Law, No F-12 (4)/ 68-J dated 17th
June 1968.
5. Federation of Malaya 1. High Court. 2. Courts of Appeal Government Notification, Ministry

of Law, No S.R.O. 4, dated 3-1-56.
6. Sikkim 1. The High Court of Sikkim in Government Notification, Ministry

exercise of its Civil Jurisdiction. of Law, No G.S.R. 704, dated
2. Any other Civil Court in 3.5.1967.
Sikkim whose jurisdiction is not Note - In force for a period of 5
subject to any pecuniary limit years with effect from the 3rd May
provided that the judgment or the 1967.
decree sought to be executed is
sealed with a seal showing that the
jurisdiction of the court is subject
to no pecuniary limit.
7. Trinidad and Tabago 1. Supreme Court of Judicature Government Notification, Ministry

(a) High Court ; (b) Court of of Law, No F-12 (3)/ 68-J dated 31th
Appeal. 2. Industrial Court; and 3. July 1968.
Income Tax Appeal Board. Note - In force with effective from
1st September 1968.
8. Newzealand, the Cook The Supreme Court of Government Notification, Ministry

Island (Inluding Niue) and the Newzealand. of Law, No S.R.O. 3282 dated 15th
Trust Territory of Western October 1957.
Samoa.
9. Hong Kong 1. Supreme Court 2. Victoria Government Notification, Ministry

District Court 3. Kowloon District of Law, No G.S.R. 2096, dated 18th
Court 4. Faniling District Court November 1968.
10. Papua and New Guinea Supreme Court. Government Notification, Ministry
of Law, No G.S.R. 1720, dated 26th
September 1970.
385. The Reciprocal Enforcement of Judgments (India) Order, 1958, issued by the Government of the
United Kingdom, which revokes and replaces with certain modifications the Reciprocal Enforcement of
Judgments (India) Order, 1953, provides for the execution in the United Kingdom of the decrees of the
following Courts of the territories mentioned in the Schedule :-
(a) The Supreme Court ;
(b) All High Courts and Judicial Commissioner's Courts ;
(c) All District Courts ;
(d) All other Courts whose civil jurisdiction is subject to no pecuniary limit provided that the judgment
sought to be registered under the United Kingdom Foreign Judgment's (Reciprocal Enforcement Act,
1933), is sealed with a Seal showing that the jurisdiction of the Courts is subject to no pecuniary limit.
Schedule (territories)
(1) The States of Andhra Pradesh (excepting the scheduled areas), Assam (except the Tribal areas), Bihar,
Maharashtra, Kerala, Madhya Pradesh, Madras, Mysore, Orissa, Punjab, Rajasthan, Uttar Pradesh and
West Bengal.
(2) The Union territories of Delhi, Himachal Pradesh, Tripura, Manipur and Andaman and Nicobar
Islands.
386. Section 45 empowers a Court in any State to send a decree for execution to any court established by
the authority of the Central Government outside India to which the State Government has by notification
declared this section to apply.
387. The Court which originally passed the decree should not, save for special reasons, after transmission
of such decree to another Court for execution, itself grant execution without obtaining a certificate of non-
satisfaction from the Court to which such decree was transmitted. After the grant of such certificate, the
Court to which the decree was transmitted should refuse any further application for execution.
Giving possession of immovable property.
388. (i) Rules 35 and 36 of Order XXI deal with the delivery of possession of immovable property and
distinguish between delivering possession of property which is in possession of a person bound by the
decree and of that which is not. The action to be taken by the Court in the two classes of cases is entirely
different. Therefore, before taking action, the Court should ascertain from the decree holder whether he
alleges the property to be in the actual possession, that is, in the occupation of a person bound by the
decree. The Court should not issue process under rule 35 or 36 of Order XXI on a bare application to be
placed in possession. The decree holder must be called upon to state specifically in his application the
kind of possession which he wants.
(ii) In giving possession of immovable property, Form No. 11 in Appendix E of Schedule I may be used
for authorising the Officer of the Court to give actual possession or with suitable modifications for
affixing a copy thereof according to sub-rule (2) of rule 35 or rule 36 of Order XXI.
389. When any building or enclosure of which possession is to be given in execution is found locked, a
notice should ordinarily be given to any person bound by the decree who is in possession of such building
or enclosure requiring him to unlock it within a given time. If on the day so appointed it is still locked, it
may be broken open and given into the possession of the decree holder or purchaser, by following the
procedure laid down in sub rule (3) of rule 35 of Order XXI.
390. If at the time of putting the decree holder or purchaser in possession of the house of judgment debtor,
there is any movable property therein, and the judgment debtor is either absent at the time or unwilling to
take such property in his custody or the owner of such movable property is not known, the bailiff or
officer concerned should remove the property to the Court after making a proper inventory thereof, in the
presence of respectable witnesses.
Stay of execution
391. (i) The law on this point is given in rules 26 to 29 of Order XXI and rules 5 to 8 of Order XLI.
Usually stay of execution is allowed only when appropriate security is furnished by the Judgment debtor.
But the proviso to Rule 29 of Order XXI enables the Court to grant stay without requiring security in case
of decrees for payment of money only after recording its reasons for so doing. The forms given in the
Code for security bonds are Nos. 2 to 4 of Schedule I, Appendix G of the Code. The fact that the only
forms of security bonds given in the Code are forms Nos. 2,3 and 4 in Appendix G of Schedule I for the
Code, would not justify a mortgage security being taken in every case. The Judge should exercise a
discretion as to the nature of the security to be furnished, and if he, in the exercise of that discretion, does
not consider that security of the nature for which forms Nos. 2,3 and 4 of Appendix G of Schedule I of the
Code are appropriate should be furnished, he may require security of any other kind to be furnished and
for security of this nature forms Nos. 3 and 4 of Volume II and the form of Volume II should be used. In
proper cases, the security required should take the form of money deposited in Court.
(ii) Form No. 5 given in Volume II is for use as a notice to show cause against stay of execution ; for
execution should not as a rule, be stayed without giving the other party an opportunity of showing cause
against the stay. An exception to this general rule is provided for in sub rule (4) of rule 5 of Order XLI.
Where an order for stay of execution is granted ex-parte under this provision, the stay should only be for a
limited time and notice should be immediately issued to the other party.
(iii) Form No. 13 of Appendix H, Schedule I, of the Code is a notice to the surety to show cause why the
bond should not be enforced. His liability is provided for a section 145 of the Code.
(iv) Form No. 6 at page 144 of Volume II is for use when security is taken under sub rule (3) of rule 26 of
Order XXI for stay of execution by a Court to which the decree sought to be executed is transferred.
(v) Where the High Court makes a stay order to take effect upon the app-licant furnishing security to the
satisfaction of the lower Court, it is the duty of the Court concerned to take the required security, whether
or not an application for the execution of the decree under appeal has been filed.
(vi) The Officer of the Court entrusted with duty of taking security bonds from sureties or parties should
take sufficient care to see that the security bonds are properly worded.
All Judges should impress upon the officers of their Courts that it is their duty to see that such security
bonds should be worded in conformity with the Form prescribed by the Code of Civil Procedure, V of
1908, and the Manual.
In this connection, the attention of Courts is invited to -
(1) the provisions of Order XLI, rule 5, Code of Civil Procedure, V of 1908.
(2) Form No. 2 of Appendix G of the same Code.
(3) Form No. 3 of Volume II of this Manual.
392. A Civil Judge executing an appellate decree of the District court is not empowered to grant stay of
execution upon application by the Judgment debtor pending orders to be obtained by him upon a second
appeal made to the High Court.
Arrest and detention of Judgment-debtor
393. The law on this subject is to be found in section 55 to 59 of the Code and rules 37 to 40 of Order
XXI. It is necessary to bear in mind that in cases where in the total amount of decree does not exceed Rs.
500/-. order for detention cannot be made; and in other cases, the period of detention is regulated by the
provision of section 58 (i)(a)(b) of C.P.C. It is important to notice that it is the duty of the Court to inform
a judgment-debtor arrested in execution of a money decree that he may apply to be declared an insolvent
(section 55, Clause 3). Form for use in proceedings for the arrest of a judgment-debtor are given as Nos.
12 to 15 of Appendix E, Schedule I of the Code.
394. Whenever a public Officer is to be arrested under a warrant, he should be given an opportunity of
communicating his arrest to his superior.
395. The following rules have been made under the old Code and are in force and need not therefore be
made again under section 55, clause (2) of the Code :
(i) If, at the moment of proposed arrest of any person under civil process, he is engaged in the
performance of public duties, his withdrawal from which would be attended with danger or manifest
public inconvenience, the arresting Officer should first acquaint the immediate superior of the employee
about to the arrested or the person who has authority to find a substitute a perform the duties of such
employee, and if necessary, should defer arrest until such employee is relieved by another. A similar
course should be pursued with regard to persons filling offices connected with the preservation of the
peace. The expenses should be paid by the decree holder and added to the sum levied in execution.
(ii) Whenever a Court has occasion to issue a warrant for the arrest of any person in the employment of a
Railway Administration, the Court shall enter in the warrant a direction to the bailiff or process server to
whom it is entrusted for execution requiring him before making the arrest, if the person to be arrested is
on duty, to acquaint a superior official of such person with the fact that the arrest is about to be made.
(iii) With reference to a person in the employment of a Railway Administration, the words “official
Superior” shall be deemed to include a railway official of the rank of Station Master, Foreman, or
Inspector, but not one of lower rank.
396. Before a Warrant is issued by a Civil Court for the arrest of an employee of the Telegraph
Department, notice shall be given to the Superior Officer designated in column 2 of the subjoined list for
the period specified in column 3 of the list :-
Division to which the Superior officer to be advised Period of notice

employee belongs
Bombay Superintendent of Bombay Division, Bombay 7 days
Nagpur Superintendent of Nagpur Division 7 days
Bombay Office Superintendent in charge Bombay Office, Bombay 3 days
397. The following scales of subsistence allowance for judgment debtor have been fixed under section 57
of the Code of Civil Procedure, 1908 in supersession of all rules or orders relating to subsistence
allowance of Judgment debtors in force in any part of the State including the orders contained in
Government Notification, Law and Judiciary Department, No. CPC 1175/739, dated the 27th May 1976.
Superior Class daily rate Ordinary Class daily rate
Greater Bombay and the Cities of

Pune, Nagpur, Nasik,
Aurangabad, Kolhapur, Jalgaon,
Solapur and Thane. 25 22
Other places in the State 20 18

Note :- The above amendments shall come into force on the date of publication in the Official Gazetee.
For the purpose of subsistence allowance under this Paragraph, Judgment-debtors according to their
social status, education and mode of living shall be divided into the following classes namely :-
1. The Superior Class, and

2. The Ordinary Class.
398. When a person arrested in execution of a decree and brought before the Court is released without
being sent to the Civil Jail (in consequence of payment or some compromise having been entered between
him and the opposite party), the money paid into Court for his subsistence and unexpended, should be
returned to the party paying it. Section 16 of the Civil Jails Act, II of 1874 (Bombay Act II of 1874),
applies only to cases in which debtor has actually been an inmate of the Civil Jail.
399. Arrest and detention of the judgment debtor in prison is one of the modes in which the assistance of
the Court may be required for execution of a decree. The attention of the Courts is drawn in this respect
particularly to the provisions of sections 51 and 55 to 59 and rules 37 and 40, Order XXI, (as amended
under the Rules framed by the High Court under Section 122, C.P.C.)
Before the Court can issue a warrant of arrest or a notice to the judgment debtor under Order XXI, rule
37, it has to satisfy itself that the total amount of the decree under the execution exceeds Rs. 500 and that
the judgment debtor is liable to arrest in pursuance of the application. When the execution of a decree for
the payment of money is sought by arrest of detention of the judgment debtor, the Court must issue a
notice to the judgment debtor calling upon him to show cause shy he should not be committed to the Civil
Prison in execution of the decree unless the Court is satisfied that the judgment debtor is likely to abscond
or leave the local limits with the object of delaying execution. Where, however, the judgment debtor does
not appear in obedience to the notice, the Court shall, if the decree holder so requires, issue a warrant of
arrest.
Forms of notice and warrant of arrest are Nos. 12 and 13, respectively of Appendix E.
SCHEDULE I
Before arrest is ordered, provision for the debtor's subsistence should be made, as required by rule 39 of
Order XXI. What is required to be done when the judgment debtor is before the Court, is laid down in
rule 40, Order XXI, as amended under the Rules framed by the High Court under Section 122 , C.P.C.
After holding necessary enquiry under the aforesaid rule 40 of Order XXI, if the Court is inclined to
detain the judgment debtor in the Civil prison, it is necessary to bear in mind that the total amount of
decree under execution must exceed Rs. 500 and that the period of detention should be regulated
according to the provision of Section 58(1)(a)(b) C.P.C.
400. Members of the Parliament and State Legislature enjoy the privilege of freedom from arrest during
the continuance of the Session of the House of which they are members and 40 days before the
commencement and after its conclusion.
401. No arrest of a Member of the House of Parliament or of the State Legislature shall be made within
the precincts of the House without obtaining the permission of the Presiding Officer.
To enable the Presiding Officer to decide whether he should grant or with old permission for arrest, within
the precincts of the House, the Court concerned, when making a request for such an arrest, should attach a
letter of request to the warrant containing a concise statement setting out the grounds for the request and
explaining why it is desirable that the arrest be made within the precincts of the House and why the matter
cannot wait till the House adjourns for the day.
Arrest for debt, attachment of pay and allowances and priority in disposal of
litigation involving persons belonging to the Armed Forces.
402. The following Government of India Memorandum accompanying Government of India, letter,
Ministry of Home Affairs, No. 5051, Judicial, dated the 17th January 1954, regarding the legal position of
persons belonging to the Armed Forces in the matter of arrest for debt, attachment of their pay and
allowances and priority in disposal of litigation involving them, is re-produced for the guidance of
subordinate Courts :-
(1) Cases have occurred where civil courts have issued orders attaching the pay and allowances of
persons belonging to the Armed Forces. There have also been cases of delay by courts in the hearing and
final disposal of cases involving such persons. The intention of this memorandum is to state in simple
terms the existing provision in regard to exemption from arrest for debt and attachment of pay and
allowances and other property of persons belonging to the Armed Forces and the priority to be given by
civil Courts for the hearing and final disposal of any suits or other proceedings in which they may be
involved.
(2) The privileges granted to such persons by the Army and Air Force Acts, 1950 (Acts XLVI and XLV of
1950 respectively) are detailed below. These rights and privileges are in addition to any other rights and
privileges conferred by any other law for the time being in force.
(3)(a) Immunity from attachment, Under section 28 of the Army/Air Force Act, no arms, clothes,
equipment, accoutrement's or necessaries of any person subject to either of these Acts nor any animal
used by him for the discharge of his duties can be seized, nor can his pay and allowances or any part
thereof be attached by direction of any civil or revenue court, or any revenue Officer in satisfaction of any
decree or order enforceable against him.
(b) Immunity from arrest for debt - Section 29 of the Army/Air Force Act provides that no person subject
to either of these Acts, so long as he belongs to the Armed Forces, can be arrested for debt under any
process issued by or by the authority of a Civil or revenue Court or a revenue Officer. Where in spite of
the above, any such arrest is made, the Court or the revenue Officer concerned, on receipt of a complaint
by such person or by his superior Officer to that effect, may discharge him and award reasonable costs to
the complainant. The costs may be recovered in like manner as if they were awarded to him by a decree
against the person obtaining the process. No Court fees are payable for the recovery of such costs.
(c) Immunity of persons attending Court martial from arrest : Under section 30 of the Army/Air Force
Act, no presiding officer or member of a Court martial, no Judge, Advocate, no party to any proceedings
before a Court martial, or his legal practitioner or agent, and no witness acting in obedience to a summons
to attend a Court martial, while proceeding to, attending or returning from a court martial is liable to as
arrested under civil or revenue process. If any such person is arrested under any such process, he may be
discharged by order of the Court martial.
(d) Priority in respect of Army/Air Force personnel's litigation - Under section 32 of the Army/Air Force
Act, on the presentation to any Court by or on behalf any person subject to either of these Acts of a
certificate, from the proper military/air force authority, of leave of absence having been granted to or
applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such Court,
the Court shall, on the application of such person, arrange, so far as may be possible for the hearing and
final disposal of such suit or other proceedings within the period of the leave so granted or applied for.
The certificate from the proper military/air force authority shall state the first and the last day of the leave
or intended leave, and set forth a description of the case with respect to which the leave was granted or
applied for. No fee is payable to the Court in respect of the presentation of any such certificate, or of any
application by or on behalf of any such person, for priority for the hearing of his case. Where the Court is
unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of
such leave or intended leave as aforesaid, it shall record its reasons for its inability to do so, and shall
cause a copy thereof to be furnished to such person on his application without any payment whatever by
him in respect either of the application for such copy or of the copy itself. If in any case a question arises
as to the proper military/air force authority qualified to grant such certificate as aforesaid, the Court shall
refer the question at once through the authority granting the certificate to -
(i) an Officer having power not less than a Brigade or equivalent Commander in the case of military
personnel ;
(ii) an Officer having power not less than a Group Commander or equivalent Commander in respect of air
force personnel. The decision of the Officer so referred to shall be final.
(4) Persons subject to the Army and Air Force Acts who are entitled to the privileges mentioned above are
detailed in sections 2 and 31 of those Acts, They are -
(a) Officers, junior commissioned officers and warrant officers of the Regular Army and officers and
warrant officers of the Air Force ;
(b) Persons enrolled under the Army or the Air Force Acts ;
(c) Persons belonging to the Indian Reserve Force or Air Force Reserve when called out for, or engaged
in, or returning from training or service;
(d) Persons belonging to the Indian Supplementary Reserve Forces when called out for service or when
carrying out the annual test ;
(e) Officers of the Territorial Army when doing duty as such officers;
(f) enrolled persons of the Territorial Army when called out or embodied or attached to any regular forces;
(g) persons holding commissions in the Army in India Reserve of Officers and Officers appointed to the
Regular Reserve of Officers when ordered on any duty or service for which they are liable as such
members;
(h) persons belonging to the Indian Air Force Volunteer Reserve in the circumstances specified in section
3 of the Indian Air Force Volunteer Reserve (Discipline) Act, 1939 (XXXVI of 1939);
(i) persons not otherwise subject to military/air force law, who, on active service, in camp, on the march
at any frontier post specified by the Central Government are employed by, or are in the service of, or are
followers of, or accompany any portion of the Regular Army/Air Force.
Note : The provisions of paragraph 402 shall apply mutatis mutandis to the cases of personnel of the
Navy also in view of the provisions of sections 20 to 26 of the Navy Act, 1957, Persons governed by the
Navy Act are stated in section 2 of the said Act.
Attachment of Property
403. (a) The law on this subject is contained in sections 60 to 64 of the Code and rules 41 to 57 of Order
XXI, Section 60 mentions the property which is liable to be attached, and the property not so liable. Rule
50 of Order XXI states the law in respect of a decree against a firm.
(b) The following extract from the Government of India, Home Department, Notification No. 186/37 -
Judicial, dated the 2nd October 1940, as amended from time to time and as amended last by Government
of India, Ministry of Home Affairs, Notification No. 54/1/63-Ests-(A) dated the 20th January 1965, is
reproduced for the guidance of the Courts :
In pursuance of clause (1) of the proviso to sub-section (1) of Section 60 of the Code of Civil Procedure
1908 (Act V of 1908) the Central Government is pleased to declare that the following allowances payable
to any public officer in the service of the said Government or any servant of a federal Railway or of a
cantonment authority or of the port authority of a major port, shall be exempt from attachment by order of
a Court, namely :-
(1) All kinds of travelling allowances.
(2) All kinds of conveyance allowances.
(3) All allowances granted for meeting the cost of -
(a) Uniforms and (b) rations.
(4) All allowances granted as compensation for higher cost of living in localities considered by
Government to be expensive localities including hill stations.
(5) All house-rent allowances.
(6) All allowances granted to provide relief against the increased cost of living.
(7) a foreign allowance or, in the case of heads of diplomatic missions from is de representation, assigned
to officers serving in post abroad.
(8) Children's Education Allowance (Whether described as such or as children's educational assistance or
in any other manner).
(c) The following Notification No. CPC 1068/3261-H dated the 14th August 1970, issued by the
Government of Maharashtra, Law and Judiciary Department, is reproduced for the guidance of the
Courts,-
In exercise of the powers conferred by clause (1) of the proviso to sub-section (1) of section 60 of the
Code of Civil Procedure, 1908, (V of 1908), and in supersession of the Government of Bombay
Notification, Home Department, No. 9657/4, dated the 5th December 1945, the Government of Central
Provinces and Berar Notification, Judicial Department, No. 176/546/XIX-45, dated the 28th January
1947, and any other Notification issued by the State Government in this behalf and in force in any part of
the State of Maharashtra, the Government of Maharashtra hereby declares that the following allowances
forming part of the emoluments of any servant of the Government of Maharashtra shall be exempt from
attachment in execution of a decree, namely :
(1) All kinds of traveling allowances.

(2) All house-rent allowances.
(3) All kinds of compensatory allowances.
(4) All allowances granted as compensation for higher cost of living in localities considered by State
Government to be expensive localities including hill stations.
(5) All allowances granted for meeting the cost of -
(a) Uniforms and (b) rations.
(6) All allowances granted to provide relief against the increased cost of living.
(7) Portion of dearness allowance treated as dearness pay for the purpose of pension and gratuity.
(8) a foreign allowance or, in the case of heads of diplomatic missions frais de representation, assigned to
officers serving in post abroad.
(9) Children's Education Allowance.
404. Attention is invited to rules 46-A to 46-K of Order XXI, Civil Procedure Code, as amended by the
High Court under section 122 of the Code of Civil Procedure Code, 1908, which lay down the special
procedure to be followed for investigation and determination of the liability of the garnishee in execution
proceedings in which debts have been attached.
405. The Notice issued under Order XXI, rule 52 of the Code of Civil Procedure for attachment of money
or other property lying in the custody of the Court should not be served on the Nazir but on the Court.
406. Attachment may be made either by seizure; or by order prohibiting the debtor or other person from
dealing with the property except in a particular way; or by order charging the debtor's interest in the
partnership property and profiles with payment of the decretal amount and appointing a receiver. After it
is attached property cannot lawfully be dealt with in such a way as to affect claims enforceable under the
attachment.
407. Before ordering attachment, the Judge should satisfy himself that the judgment debtor has an
attachable interest in the property. The Code provides that when the decree is for the payment of money
the decree holder may apply for an order that certain persons be orally examined as to the means the
judgment debtor has of satisfying the decree (Order XXI, rule 41). A form of notice for the purpose is
given make such an inquiry. But where any party to an execution proceeding is at a disadvantage owing to
ignorance, poverty, want of proper legal advice or other cause, it is the duty of Judge, as far as possible, to
prevent injustice being done as a consequence of that disadvantage.
408. The next thing to ascertain is how the attachment is to be made by seizure or in some other way. For
this purpose, the Court may require the decree holder to state the mode in which its assistance is required
(Order XXI, rule 11).
409. What may be attached by seizure is described in rules 45 and 51 of Order XXI and other modes of
attachment are described in rules 44 to 49 and 52 to 54, Rule 49 gives an instance of a case in which a
receiver may be appointed. The appropriate forms will be found as Nos. 8,9 and 16 to 26 in Appendix E.
If attachment is to be made by another Court, form No.2 of Appendix E, Schedule I, may be used.
410. A warrant for attachment is usually addressed to the bailiff of the Court (See e.g. Forms 8,9 and 20
of Appendix E). This does not, however imply that it must necessarily be addressed and given for
execution to a bailiff. The expression used in rule 43 of Order XXI is “attaching officer” and rule 3 of
Order XLVIII allows such variations in the forms as the circumstances of each case require. Therefore, it
is open to the Court to direct a clerk or the Nazir and not merely a bailiff to make an attachment.
411. Both the Central and the State Governments have issued notifications in pursuance of Order XXI,
rule 48, sub rule (1) appointing officers to receive notices of orders attaching the salaries or allowances of
public Officers.
412. Rule 25 of Order XXI prescribes the manner in which an officer entrusted with the process for
execution is to make a return. The report whether the process has been executed or not should be
complete. It should show amongst other things whether there has been any payment, satisfaction or
adjustment of the decretal debt and if so the amount or the nature thereof. The Nazir of the Court or other
officer entrusted with this duty should scrutinize the report and papers submitted by the attaching officer
and satisfy himself as to all matters needing elucidation. If the officer is unable to execute the process, the
Court or the Nazir empowered by the Court is bound to examine him and, if necessary, any witness or
witnesses and to record the result. All information ascertained as to the payment, satisfaction or
adjustment of the decree whether in or out of Court should be recorded or noted both in the Register of
Suits and in the Register of Applications for Execution. (See paragraphs 368, 369 and 370).
413. A bailiff attaching movable property under rule 43 of Order XXI should furnish to the judgment
debtor or other person, from whose possession the movable property is attached, a receipt signed by him
and setting out each item attached.
414. When the officer executing a warrant of attachment issued by a Civil Court finds that the property to
be attached by him is already under attachment by the Revenue authorities, he should refrain from
actually attaching the property and should report to the Nazir. But, in order to satisfy the attaching officer
and the Court that there is a bona fide attachment by the Revenue authorities, the Patil of the village
should be required to give certificate to that effect which should state the amount of the Government
demand. The attaching officer should at the request of the Patil (to be noted on the certificate) wait for not
more than twenty four hours to enable the Patil to get the certificate written.
415. The following rules previously made under section 269 of the old Code are still in force so far as
they are consistent with the present Code (Section 157) :
(i) All live stock and other movable property attached under section 269 of the Code of Civil Procedure
shall ordinarily be removed and conveyed by the attaching officer, or by his subordinates or by persons
specially engaged by him, for the purpose, to the Court premises or other appointed place, and there kept
under due custody till sold or otherwise disposed of according to law.
(ii) In cases where it is found more convenient so to do, the property may be handed over to the judgment
creditor under proper security, for removal and conveyance to the Court premises, or other appointed
place, for the purpose specified in rule (i).
(iii) When the property is of such a nature that, in the opinion of the attaching officer, or his subordinate,
its removal to the Court premises or other appointed place, is impracticable, or can only be effected as a
cost out of proportion to its value, the attaching officer shall report his opinion to the Court and, pending
receipt of the order of the Court, shall arrange for its proper maintenance, guarding and custody at the
place at which it has been attached.
(iv) The Court, on receipt of such a report as is mentioned in rule (iii), may either order the removal of the
property to the Court premises, or other appointed place, or sanction its detention at the place at which it
has been attached or elsewhere under such provisions as to its maintenance, guarding and custody as it
thinks fit.
(v) Before making any order for the attachment or livestock, or other movable property, or at any time
after any such order has been passed, the Court may require the person, at whose instance the order of
attachment is sought, or has been made, to deposit in the Court such sum of money as the Court may
consider necessary :-
(a) for the removal of the property to the Court premises, or other appointed place, and its maintenance
guarding and custody till arrival thereat ;
(b) or the maintenance, guarding and custody of the property at the Court premises or other appointed
place, till it is sold or otherwise disposed of;
(c) for the maintenance, guarding and custody of property, at the place at which it was attached, or
elsewhere.
In case of the failure to deposit such sum within the time required by the Court, the Court may either
refuse to issue, or may cancel, the order of attachment as the case may be.
(vi) An account of the expenses actually incurred shall, on demand being made on or before the date of
the sale, be furnished to the attaching creditor and to the person whose property was attached, and that
amount that the Court, after hearing their objections to the account, if any, made within three days after
furnishing the same, finds to be properly due, shall be deducted as a first charge from the proceeds of the
sale of the property and paid to the attaching creditor along with any balance that there may be of the
deposit.
(vii) If, in consequence of the cancellation of the order of attachment, or for any other reason, the person
whose property has been attached becomes entitled to receive back the live stock, or other property
attached, it shall be given to him on payment of all charges found by the Court to have been properly
incurred which have not been defrayed, or for the defrayal of which no money has been deposited by the
attaching creditor and in default of his paying the same within the time prescribed by the Court, the
property or so much thereof as may be necessary, shall be sold by auction, and after defraying the above
mentioned charges and the expenses of the sale, the balance of the sale proceeds and of the property shall
be delivered to him.
416. Civil Judges may refuse to attach cattle if the attaching creditor does not pay or arrange for sufficient
amount for the proper custody and sustenance of the cattle between the period of attachment and sale.
417. The mode of attachment of immovable property is described in rule 54 of Order XXI, and the Form
No. 24 of Appendix E. The enquiries essential before such an order is made have been described.
418. Rule 55 of Order XXI provides that where immovable property has been attached, the withdrawal
may be proclaimed at the judgment debtor's expenses. This is the only express provision as to notifying
withdrawal of attachment but such withdrawal may be notified by appropriate notice at the cost of the
Judgment- debtor in other cases also. For example, the Judgment-debtor might wish to have notice sent of
withdrawal of an attachment made under rule 46 or rule 48 or rule 53 of Order XXI. The form prescribed
for proclamation notifying withdrawal of attachment is Form No. 8 given at page 105 of Volume II.
419. Before a final order is passed in an attachment proceeding, disputes frequently arise, and the
procedure for disposing of these disputes is provided for in rules 58 and 59 of Order XXI.
No appeal lies from an order refusing to entertain the claim or objection to the attachment of the property
in dispute under sub-rule (1) of rule 58, Order XXI, on the ground that it is not liable for the same.
Instead, a suit will lie against it. In the absence of institution and result of a suit, if any, against it for
establishment of the right to such property, such order is conclusive. [sub-rule (5) of rule 58, Order XXI
C.P.C.]
Appeal, however, lies against the order determining the questions relating to right, title or interest in the
property in dispute, and relevant to the adjudication of the claim or objection to the attachment of such
property passed under sub-rules (2) and (3) of rule 58, Order XXI. In the absence of appeal and the result
thereof such order has the same force, as if it were a decree [sub-rule (4) of rule 58 Order XXI.]
420. Section 10 of the Employees Provident Funds Act, 1952 (Act XIX of 1952), lays down that the
amount standing to the credit of any member in the Fund or of any exempted employee in a provident
fund shall not in any way be liable to attachment under any decree or order of any Court in respect of any
debt or liability incurred by the member or the exempted employee.
Sale
421. Attached property should not be put to sale without an order for sale under rule 64 of Order XXI. No
order for sale should be made unless the statement required by sub-rule (3) of rule 66 of Order XXI is
furnished. This statement must be signed and verified in the same manner as a pleading and must contain,
as far as the decree holder can ascertain the information set out in sub-rule (2) of rule 66 of Order XXI. A
form of warrant of sale of property is given in Form No.27, Appendix E. An order of sale is also required
where mortgaged property is to be sold, under a decree in a mortgage suit though the property has not
been attached.
422. After an order of sale is made, notice must be issued to the decree-holder and the judgment debtor
[Order XXI, rule 66(2)]. To settle the proclamation of sale (Form 82, Appendix E).
However, in case of an order of sale of immovable property under attachment under rule 54, order XXI, a
notice need not be issued to the Judgment-Debtor for settling the terms of the proclamation [proviso to
rule 66(2) Order XXI], if, by an, Order under sub-rule (1-A) of rule 54, Order XXI, he is bound over to
attend Court on a ;specified date to take notice of the date fixed for settling the terms of the proclamation
of sale.
423. Thereafter such enquiry may be made as is necessary to settle the terms of the proclamation. What
the proclamation must contain is stated in rule 66 of Order XXI and the Form No. 29 of Appendix E. The
Court should ascertain the liabilities and claims against the property after careful scrutiny of Extracts
from the Records of Rights and City Survey Register. Other things which the Court considers material for
a purchaser to know in order to judge the nature and value of the property must also be ascertained and
specified in the proclamation.
424. The enquiry specified in paragraph 423 must be as through as possible, for the Code casts on the
Court the duty of ascertaining the facts to be entered in the proclamation. If the decree-holder refuses to
take such steps, or call such witnesses as the Court considers necessary to enable it to ascertain the
required facts, it is open to the Court to decline to issue the proclamation of sale.
425. Under sections 287 and 652 of the old Code, the High Court framed certain rules, which in so far as
they are consistent with the new Code are still in force. So for as they are so consistent they are as follows
:
(i) Where the Record of Rights has been completed, the extract to be put in under section 238 of the Civil
Procedure Code should be an extract from the register of that Record, and a copy of the entry, if any, in
the Register of Mutations and the same should be utilized in the enquiry under section 287 of the Civil
Procedure Code.
(ii) If it can be done without unreasonable delay the Court shall examine the judgment-debtor or some
person acquainted with the circumstances as to his interest in the property and especially as to his share
therein, if he is a Hindu, and as to the encumbrances, if any existing thereon (See Form No. 28 Appendix
E of Schedule I).
(iii) The Court may require the judgment-debtor to produce any title deeds relating to the property which
may be in his possession or power and may retain such documents till the property is sold or released
from attachment. It shall with the certificate of sale deliver to the purchaser such of them as relate solely
to the property sold and on his demand and at his cost shall give him copies of such of them as relate to
the property sold as well as other property. It shall return all documents which may not under this rule be
delivered to the purchaser to the person by whom or on whose behalf they shall have been produced.
When any encumbrance on the property shall be discharged from the sales proceeds, the Court shall have
like power to direct the production of title-deeds by the encumbrancer and to deliver them to purchaser or
to furnish him with copies thereof and to return them.
(iv) The Court shall give notice on the board of the date on which it proposes to hold an enquiry under
section 287, and may summon any person likely to afford material information to attend and give
evidence and produce any documents relating to the property which may be in his possession or control.
Such documents shall be returned after inspection, the Court retaining copies, if it thinks necessary,
prepared at the applicant's expense.
( A form of notice of the enquiry to be affixed in the court is given as No. 9 of Volume II).
(v) All costs of the enquiry shall be advanced by the applicant. They shall be treated as costs in the
execution proceedings and may be apportioned as the Court thinks fit.
(vi) It shall be borne in mind that the enquiry under section 287 is independent of any enquiry consequent
on an application made under section 278, Civil Procedure Code. The object of the enquiry under section
287 is merely to collect particulars to be inserted in the proclamation for the information of intending
purchaser. The conclusions arrived at in this enquiry are not subject to appeal, and, as a rule, are not
determinative between the parties.
(vii) The enquiry shall be completed as soon as possible. When it is finished, the proclamation of the said
sale shall be prepared in the form prescribed. (No. 29, Appendix E, Schedule I)
If in the case of a Hindu judgment-debtor it is desired to sell the interest of any other member of the
family (e.g., that of a minor son or brother) the name of such member and the fact that his interest is being
sold ought to be state in the proclamation, as otherwise his interest may not pass to the purchaser. To the
proclamation shall be appended a list of all claims for which, in the opinion of the Court, there is a
reasonable and probable cause - such as claims of co-partners, or reversioner's in the case of Hindu
females, or mortgagees, or tenants, etc. The list may be varied as occasion requires.
(viii) When a copy of the proclamation is sent to the Collector under section 289, duplicate shall also be
sent to the Mamlatdar of each taluka in which any portion of the property is situated. The Mamlatdar shall
post such copy in his Kacheri in a conspicuous place.
(ix) If after the proclamation has been settled, any matter is brought to the notice of the Court which it
considers material for purchasers to know, it shall cause the same to be notified when the property is put
up for sale.
(x) So much of the foregoing rules as may be applicable shall be followed in case of application to sell
movable property attached by prohibitory order so that the description of such property may be as
complete as possible.
(xi) In the case of other movable, the Court may make such inquiries as it thinks proper, but shall not be
bound to do so unless application is made to raise the attachment or to declare a lien.
(xii) It shall not be necessary to sell at the same time or place movable and immovable property attached
in execution of the same decree.
(xiii) As regards all such sales of immovable property, the Court in fixing the place of sale shall consult
the wishes of the parties, preference being given to those of the judgment-debtor. In the absence of
agreement by the parties as to the place of sale, the sale shall ordinarily be held where the property is
situated, unless the Court is of opinion that it is likely to fetch more if sold at the Court house.
(xiv) All sales held at the court-house shall be conducted by a responsible officer and shall take place on a
fixed day of the week * which the court shall make generally known. Care should be taken correctly to
specify in the proclamation the time and place of sale subject to the provisions of section 290.
426. In all cases where sales are adjourned and no fresh proclamations have to be issued, the adjourned
date and hour should be notified for the information of the public by taking the following steps. When the
sale is held in the Court precincts a notice shall be put up on the Notice Board of the Court notifying the
adjourned date and hour of the sales. When the sale is held at any place outside the Court precincts, a
notice notifying the adjourned date and hour shall be affixed if the property to be sold is immovable, on
some conspicuous part of the property itself, and if the property is movable on some conspicuous part of
the property in which it is kept. When the propertyis involved is of considerable value, the adjourned date
and hour shall, as far as possible, be published also in one of the local newspapers.
427. Whenever the lands of a minor have been placed in charge of the Collector, a notice of an intended
sale should be given to the Collector, being either delivered to him or sent by registered post.
428. Civil Judges have a discretion in postponing the sale of attached property, if they consider that by
reason of exceptional circumstances a reasonable price will not be realised.
429. When immovable property is to be sold and it is intended to take preliminary bids at the site of the
property or the village where it is situated and the final bide at the Court-house, it should be so stated in
the proclamation of sale.
430. When the necessary particulars to be entered in the proclamation have been ascertained and settled,
the proclamation must be published. (See Form No. 30 or Appendix E of Schedule I).
431. The law relating to the sale is stated in rules 68 to 77 and 82 to 88 of Order XXI. If a re-sale is held
resulting in a deficiency in price, the Officer holding the sale must give a certificate in Form 31,
Appendix E. The officer conducting the sale should give to the auction purchaser a receipt in Form No. 10
at page 106 of Volume II. This form may also be used in other cases (See the footnote printed on it). It
should be in counterfoil and the bailiff or officer of the Court receiving the money should fill in the
counterfoil as well as the receipt.
432. As a rule, no sale in execution of a decree should be fixed to take place on any day on which the
Court is to be closed. The same rule, so far as possible, should apply to the execution of processes for
attachment of movable property for the arrest of a witness or judgment-debtor.
433. The sale of movable property becomes absolute when the purchase money is paid and a receipt given
[Order XXI, rule 77(2)] and is not vitiated by irregularity (Order XXI, rule 78).
434. Whenever guns or other arms in respect of which licenses have to be taken out by purchasers under
the Arms Act, 1959 (54 of 1959), are sold by public auction in execution of decrees, the Court directing
the sale should give due notice to the District Magistrate of the names and addresses of the purchasers and
of the time and place of the intended delivery to the purchasers of such arms, so that proper steps may be
taken by the police to enforce the requirements of the Arms Act. The possession of the arms shall,
however, not be allowed to the bidder unless he holds the requisite license under the Arms Act.
435. The manner of vesting movable property in the purchaser or giving him possession is prescribed in
Order XXI, rules 79 to 81. (See Forms Nos. 32 to 34 of Appendix E).
436. Government Promissory Notes attached in execution of a decree, which have to be disposed of in
satisfaction of the decree, should be sent by the Court making the attachment to the Accountant General
with instructions regarding the disposal of the sale-proceeds of the notes.
437. In the case of a sale of immovable property, the sale has to be confirmed by the Court (Order XXI,
rule 92). Certain cases are stated in Order XXI, rules 89, 90 and 91, in which the sale may be set aside.
There are also other reasons, for example, fraud, on account of which a sale may be set aside. A sale
should not be set aside without notice to the persons interested (See Forms 36 and 37 Appendix E) and
due enquiry.
438. When a sale is confirmed by the Court, a certificate of sale in Form 38 of Appendix E is to be
granted to the purchaser (Order XXI, rule 94).
439. It is desirable that the certificate of sale should state in addition to what appear in Form 38-
(i) the price paid ;

(ii) the date of application for the certificate ;
(iii) the date of granting the certificate ;
(iv) the date of confirmation of the sale ;
440. An office copy of a certificate of sale issued under Order XXI, rule 94 should be kept and upon the
issue of the certificate, an entry should be made in the Roznama and also in the Register of Applications
for execution of the fact of its having been issued.
441. As soon as an application for rateable distribution of sale proceeds is granted the Court should issue
a written order to that effect to the Nazir or Collector, as the case may be, and a note of each execution
application should be made in the Roznama of the other or others.
442. Rules 95 and 96 of Order XXI contain the law as to possession of immovable property to the auction
purchaser. What is stated in paragraphs 388 to 390 of this Chapter applies also to giving possession under
these rules; but the form to be used is No. 39 of Appendix E of Schedule I of the Code.
Resistance
443. All questions relating to the right, title or interest in the property and relevant to the adjudication of
the application complaining of the resistance or obstruction to the possession of the decree holder or any
claimant other than the judgment debtor of the immovable property in dispute, are required to be dealt
with in accordance with law contained in section 74 and Rules 97 to 106 of Order XXI, as amended under
the rules framed by the High Court under section 122 of C.P.C. ( See Forms 40 and 41, C.P.C.)
444. The Order of the Court in these matters in appealable subject to the result of the appeal, if any. In
absence of any such appeal and the result thereof, such order has the same force, as if it were a decree
(Rule 103 of Order XXI).
Growing Crops
445. The law as to attachment of growing crops is contained in rules 44 and 45 of Order XXI. Attachment
may be by order prohibiting the removal of the crop rule 45(4) or by declaring the crop to be attached, in
which event it is deemed to have passed into the possession of the Court.
446. Growing crops are movable property [see clause (13) of section 2 of the Code] and it is clear that the
Code intends that growing crops should be specified separately from the land in the application for
attachment and that, if it is intended that growing crops as well as land should be sold, both should be
separately specified in the application for an order for sale.
447. In so far as the rules given in paragraph 415 above apply to standing crops, they must be read subject
to rules 44 and 45 of Order XXI.
Appointment of Receivers in Execution.
448. The power to appoint receivers in execution should be more freely used for the purpose of realising
the money decreed where the property is sufficiently large to bear the extra cost of appointment of a
receiver.
449. (1) A Court, ordering attachment of land assessed to the payment of revenue to the Government,
should send two copies of the order to the Collector with a request to have one of them affixed to the
notice board in his office. As the other copy is required for the Record of Rights, one copy only need be
sent, if the land is in a village where the Record of Rights has not been introduced. District Judges should
obtain lists of such villages for their Courts and subordinate Courts, from the Collector.
(2) Similarly, a Court by whose order attachment is removed or ceases should send intimation to the
Collector in standard Form No. Civ. A-234.
(3) The Collector should certify the affixing to or the removal from, his notice-board of orders of
attachment.
CHAPTER XXIII
INSTRUCTIONS TO LOWER COURTS REGARDING APPEALS

IN THE HIGH COURT
476. When a writ calling for the record and proceedings in a First Appeal is issued by the High Court, the
District Court should certify to the High Court, within 2 months of the date of receipt of the writ, the
whole of the Record and proceeding together with the original Roznama and four typed copies of paper-
books. If the Roznama is not in English, it should be translated into English and the English translation
should be incorporated in the paper-books. The paper-books shall also include the English notes or
memorandum of the substance of what each witness has deposed made by the Presiding Officer of the
Court, and these should be preceded by an index showing the pages on which the Roznama and each of
the depositions have been reproduced. If such English notes or memorandum contain quotations in a
regional language, such quotations should always be followed by English translation thereof. Deposition
recorded in the regional language by Commissioners should always be translated into English and
included in the paper-book. Any other exhibits not translated into English in the lower Court need not be
translated. Any such translations, if required, will be prepared or furnished in the High Court.
It is not necessary to include a copy of judgment under appeal in the paper-book unless it is directed
accordingly in the writ of the High Court.
The copies to be included in the paper books, either first copy or carbon copies, should be legibly, neatly
and correctly typed.
477. Upon receipt of the writ calling for Record and Proceedings, the District Court should issue a notice
to the Appellant requiring him to deposit in the District Court, within one month from the service of
notice on him, the estimated cost of preparing four typewritten copies of the paper-book. The notice
should clearly state that on failure to deposit the amount mentioned therein within one month the
Roznama and the evidence, if any, will not be typed but that the papers will be forwarded to the High
Court and the appeal will be liable to be dismissed for want of prosecution. The District Judge may
extend the above period by fifteen days. In case of default of payment of the deposit as directed, the
matter should be reported to the High Court for orders.
478. The preparation of the paper-book should not be taken in hand till the appellant deposits its estimated
cost. The work of typewriting should be done by the staff of the District Court which prepares paper
books in appeals filed in the District Court. Where such staff does not exist, the copies should be prepared
by section writers.
479. In special cases in which more than four copies may be required, the lower Courts concerned will be
informed accordingly.
480. After the copies are made, the final adjustment of costs should be made as in the case of appeals filed
in the District Court. A certificate showing the amount recovered for the four copies should be forwarded
to the High Court so that the same may be included in the Bill of Costs of the appeal.
481. (1) The above procedure should also be observed, when so ordered, in the case of Appeals from
orders, Civil Revision or other applications as well as Civil References.
(2) When a Court makes a report to the High Court for action under the Contempt of Courts Act, after
hearing the parties upon a regular application, requesting the Court for making such report or action for
contempt of Court, the Court shall, along with the report, send the record and proceedings of such
application together with six typed copies of the Paper-Books containing the following documents
arranged and indexed in serial order, namely :-
(1) Roznama;
(2) Copy of the application or report or other communication by which the lower court was moved to
consider the question of the alleged contempt of Court;
(3) Copies of affidavits and other documents, if any, in support of the documents mentioned at Serial No.2
above;
(4) Copy of the decree or order of the Court of the undertaking given to the Court in respect of which the
alleged contempt of Court has arisen;
(5) Copy of the written statement of reply of the person alleged to be in contempt of Court to the show-
cause notice issued to him;
(6) Copies of affidavits and other documents filed, if any, in support of the document mentioned at Serial
No.5 above;
(7) Copies of deposition of witnesses or parties, if any;
(8) Copies of the order of the Court holding that the person in question has been guilty of contempt of
Court, and proposing that report should be made to the High Court ;
(9) Copies of any other documents which the Lower Court think necessary;
The procedure prescribed in paragraph 476 and other paragraphs in this Chapter should, so far as is
applicable, be observed in the preparation of these paper-books.
In cases of default of deposit as prescribed in Paragraph 477, the Court may, if it thinks fit, refuse to
forward the report. The Court may exempt any applicant from payment of the costs of the paper-books, if
it considers fit to do so, and in such cases, paper-books shall be prepared and forwarded by the court
without the charges for the same being deposited by the party.
482. The above procedure should also be observed (a) in the case of appeals under the Letters Patent from
the decisions under Order XLI, rule 11, Civil Procedure Code, of the High Court in a First Appeal, and (b)
in the case of findings called for by the High Court in a First Appeal or an Appeal under the Letters Patent
of the type mentioned above where additional evidence is recorded.
483. The charges for the preparation of paper-books shall be recovered from the appellant or the
applicant, as the case may be, and shall be levied by District Courts at the following rates :-
For 4 copies, Rs. 00-60 ps. Per typed full page or more than half typed page, inclusive of paper charges.
For extra copies (made in the same impression) after the 4th, 15 paise per typed full page or more than
half typed page, inclusive of paper charges.
In addition to the above, where depositions and Roznamas are required to be translated for being included
in the paper-books, translation charges at the rate of 50 paise per 100 words or fraction thereof shall also
be recovered, plus cost of paper at the rate of 5 paise per sheet.
These rules shall not affected the rates for paper-book prepared for District Court appeals.
484. Documents forming part of the record and proceedings in civil appeals forwarded to the High Court
by the District Courts are, at times, found to be in a torn condition and in some cases eaten by white ants,
so that on being opened they go to pieces. All papers of the record and proceedings should be examined
before they are forwarded to the High Court, and if any of them are found to be in a torn or damaged
state, a note to that effect should be made on the Roznama and they should at once be repaired and
gummed together, as far as possible.
485. A copy of the notice in each case is prepared in the High Court in the regional language and sent to
the Subordinate Court concerned for making further copies as required, the requisite number of printed
forms being supplied to the lower Court in every case for the preparation of such copies. The Subordinate
Courts concerned shall, however, see that in preparing such copies, all the particulars stated in the notice
prepared in the High Court are correctly copied.
486. The notices in applications under the Contempt of Courts Act issued by the High Court should be
treated as urgent and they should be served on the parties promptly bearing in mind the directions
contained in the forwarding letter of the High Court. The return to such notices should be complete
indicating clearly the mode of effecting service and the person or persons served.
487. (1) Notices issued by the High Court should state whether the address mentioned therein is the
registered address of the party to be served or not.
A. Registered Address
Under Order VII, rule 22, read with Order VIII, rule 12 and Order XLI, rule 38(3) of the Rules made by
the High Court under section 122 of Civil Procedure Code, if a party is not found at the registered address
and no agent or adult male member of the family on whom the notice can be served is present, a copy of
the notice shall be affixed to the outer door of the house.
B. Non-registered Address.
In all cases in which the party to be served has no registered address and lives at a place other than the
one stated in the notice, the Court to which the notice is sent for service should, if there is sufficient time,
itself effect service at the new address or send the notice for service to the Court within whose jurisdiction
the party resides. In finding out the whereabouts of persons found to be not living at the address given
originally, the Court concerned will take such help from the appellant or the applicant, as he chooses to
give. In all such cases, the levy of one-half of the process fee will be made in the High Court from the
party concerned after the process is received back in the high Court. It will not be necessary for the lower
Court to recover such process fee.
(2) When returning the process, the lower Court should state the manner in which the service was
effected, i.e., whether the notice was served on the party in person or by any other method.
CHAPTER XXIV
COURT FEES AND PROCESS FEES
488. The following rules made by the High Court under section 42 of the Bombay Civil Courts Act, 1869
(XIV of 1869) and section 20 of the Court fees Act, 1870 (VII of 1870) have been sanctioned by the
Government of Maharashtra :
(i) The fees at present levied for serving and executing processes issued by the High Court in its appellate
jurisdiction shall continue to be levied.
(ii) The fees chargeable by all other Civil Courts (except the Presidency Small Cause Court, Bombay)
shall be those in the appended table subject to a surcharge of 25 percent until further orders :
Provided that those fees otherwise chargeable for the service of the summons shall not be required to be
paid where the Court has under rule 7-A or Order XVI of the Code of Civil Procedure, 1908, permitted
the service of a summons for the attendance of any person to be effected by a party and where the services
of a Bailiff are not required:
Provided further that where a party desires to avail himself of the services of a special bailiff (vide
Paragraph 111 Chapter VII) for service of execution of a process, he shall be required to pay process fee
as for process applied for and ordered to be executed as emergent [vide the note (vii) below the appended
table] in addition to the remuneration and the allowances of the bailiff for the period required for serving
or executing the process, inclusive of the time occupied in going to and returning from the place at which
the process is required to be served or executed, to be calculated in the manner provided in the following
paragraph :-
(iii) Where the remuneration and allowances of special bailiffs are required to be paid by the party under
the foregoing sub-paragraph, the remuneration (inclusive of the dearness allowance compensatory
allowance and the house rent allowance) shall be calculated at the rate of Rs. 4.50 P. per day or part
thereof per bailiff and the travelling and daily allowances to be recovered shall be those admissible to the
bailiffs under the rules for time being in force :
Provided that where the party provides his own conveyance, no travelling allowance shall be recovered
from the party.
(iv) (a) Whenever the remuneration and allowances of special bailiff's are recovered from the parties,
additional temporary bailiffs, not exceeding the number of bailiffs whose remuneration and Allowances
are paid by the parties may be employed by the Presiding Judge for a period not exceeding the period for
which the payment is recovered from the parties.
(b) Where such additional temporary bailiffs actually do the work of serving or executing a particular
process for which the payment is recovered from the parties, the moment of remuneration and allowances
recovered from the parties shall be paid to such additional temporary bailiffs.
(c) Where no such additional temporary bailiffs are employed, the amount of remuneration and
allowances recovered from the parties shall be credited to Government.
(v) Where the amount of process fee chargeable under these rules involves a fraction of a rupee which is
not a multiple of five paise, it shall be rounder off to the next lower multiple of five paise.
TABLE
Fees chargeable in Civil Court in respect of processes, proclamations and sales
Where the Subject matter in dispute
Name of process etc. Does not Exceeds Rs. Exceeds Rs. Exceeds Rs. Exceeds Rs. Exceeds Rs. Exceeds Rs. In suits appeals or Mamlatdar's Court Is miscellaneous
exceed Rs. 25 but does 50 but does 250 but does 500 but does 1000 but does 5000 proceedings not applications under the
25 not exceed not exceed not exceed not exceed not exceed Rs. otherwise Bombay Rents, Hotel
Rs. 50 Rs. 250. Rs. 500. Rs. 1,000. 5000. provided for and Lodging House
Rates Control Act,
LVI of 1947 and
under the C.P. And
Bearer letting of
Houses and Rent
Control Order, 1949
1 2 3 4 5 6 7 8 9 10 11
Rs. P Rs. P Rs. P Rs. P Rs. P Rs. 1.50 for the Rs. P Rs. P Rs. P Rs. P
first Rs. 1000
00.25 00.40 00.75 1.00 1.50 and 50 Ps for 5.00 2.00 00.50 1.00
I. For each summons or every Rs. 1000
notice - or part there of
in excess of Rs.
(a) To a single defendant, 1000
respondent, or witnesses.
75 Ps., for the
first Rs. 1,000
00.15 00.20 00.40 00.50 00.75 2.50 1.00 00.40 00.50
and 25 Ps. for
every Rs. 1,000
(b) To every additional
or part thereof
defendant, respondent or
in excess of Rs.
witness residing in the
1,000.
same village or town or
within the same Municipal
limits if the processes be
applied for at the same
time.
II. For every warrant -
(a) of arrest, in respect of

every person to be
arrested;
(b) of attachment, in Rs. 3 for the

respect of every such first Rs 1,000
warrant ; and Rs.1 for
00.50 00.75 1.50 2.00 3.00 every Rs. 1,000 10.00 4.00
(c) of sale, in respect of or part thereof
every such warrant. in excess of Rs.
1,000/-
(d) of possession, in
respect of every warrant.
III. For every proclamation Rs. 3 for the

other than a proclamation first Rs 1,000
of sale under Order XXI. and Rs.1 for
Rule 66, Civil Procedure 00.50 00.75 1.50 2.00 3.00 every Rs. 1,000 10.00 4.00
Code or order and every or part thereof
process not otherwise in excess of Rs.
provided for. 1,000/-
Where the Subject matter in dispute
IV. For every order or Rs. 3 for the

injunction - first Rs 1,000
and Rs.1 for
(a) to a single opponent 00.50 00.75 1.50 2.00 3.00 every Rs. 1,000 10.00 4.00
or part thereof
in excess of Rs.
1,000/-
(b) to every additional 00.25 00.40 00.75 1.00 1.50 1/2 of the above 5.00 2.00
opponent residing in the
same village or town or
within the same municipal
limits if the process be
applied for at the same
time.
V. For every proclamation 2.00 In all suits, appeals or proceedings.

of sale under Order XXI,
Rule 66, Civil Procedure
Code.
VI. For every sale of A percentage or poundage on the gross amount realized by the sale up to Rs. 1,000 at the rate of 2 per cent. Together with a further fee on all excess of gross proceeds above Rs.
movable or immovable 1,000 at the rate of 1 per cent. Provided that, where the amount of process fee already paid in respect of the warrant of sale equals or exceeds the amount of poundage the latter
property. shall be wholly remitted; and that, when the latter amount exceeds the former, the former shall be deducted from the latter and the balance only shall be levied as poundage (vide
Bombay Government Gazette for 1924, Part I, Page 1022. Provided also that, when a sale of immovable property is set under Order XXI, Rule 89, 91 or 92, Civil Procedure Code,
any poundage or other fee charged for selling the property shall, on application, be refunded.
Note (i) : The value of the subject-matter shall be considered to be the market value of the property in
dispute. Where the subject-matter is not capable of valuation, the fees are to be levied accorded to column
9.
Note (ii) : In execution proceedings process-fees shall be levied according to the value of the subject
matter in respect of which execution is sought or where the subject-matter is not capable of valuation
according to column 9:
Provided that the process fee for a notice issued at the instance of a judgment-debtor either under sub-rule
(1) or sub-rule (2) of the rule 2 of Order XXI of the Code of Civil Procedure, 1908, shall be levied
according to the amount paid into the Court under clause (a) of sub-rule (1) of rule 1 of the said order or
according to the amount paid out of Court or the value of the adjustment made under sub-rule (1) of rule 2
of the said Order, as the case may be.
Note (iii) : In miscellaneous proceedings under the Civil Procedure Code (other than execution
proceedings) and proceedings under other Acts, the fees to be levied shall be in accordance with market-
value of the subject-matter when it is ascertainable, and when it is not ascertainable according to column
9.
Note (iv) : (a) The percentage leviable under head V of the Table shall be calculated on multiples of Rs.
25 (i.e. A poundage fee of 50 Ps. should be levied for every Rs. 25, or part of Rs. 25 realized by the sale
up to Rs. 1,000 and in the case of the proceeds of the sale exceeding Rs. 1,000 an additional fee of 25 Ps.
for every Rs. 25 or part thereof, should be levied.
(b) In cases in which several properties are sold in satisfaction of one decree, only one poundage fee,
calculated on the gross sale-proceeds, shall be levied, 2 percent, being charged on the gross proceeds up
to Rs. 1,000 and 1 percent, on such proceeds exceeding Rs. 1,000.
(c) The percentage or poundage must be paid (1) in a case where the purchaser is a person other than the
decree- holder, at the time of making the application for payment of the proceeds of sale by the Court, and
(2) in a case where the decree-holder has been permitted to purchase, at the time of the confirmation of
sale by the Court or the Collector, as the case may be.
The poundage should be recovered in the first instance from the decree-holder who is entitled to recover it
ultimately from the judgment-debtor, like all other costs incidental to the execution proceedings and not
being costs in respect of which the Court has passed any special order (vide Bombay Government
Gazette, Part IV-A for 1936, Page 208),
Note (v) : Where a summons or notice to a defendant or respondent is to be served by post registered for
acknowledgment, the process fee levied shall in no case be less than the actual amount required for
registration and postage; provided however when a summons or notice is issued by registered post
prepaid for acknowledgment, in addition to service through bailiff as provided under rule 19-A of Order
V, Civil Procedure Code, no separate process fee shall be recovered from the party for such additional
service but only amount required for registration and postage shall be recovered in addition to the process
fee levied for service through bailiff.
Note (vi) : With the sanction of the Court any party may pay the cost of proceeding by railway or any
public conveyance where such is available and in such case the process-server shall be bound to proceed
by such railway or public conveyance.
Note (vii) : For process applied for and ordered to be executed as emergent, the fee will be the ordinary
fee and half as much again.
Note (viii) : Where one individual is to be served in more than one capacity, e.g, personally and also as
guardian of a minor or minors, only one fee is to be charged.
Note (ix) : When a process issued by a Civil Court other than a Mamlatdar's Court is returned unserved
and has to be re-issued for service, only a half of the full fee leviable shall be charged on the occasion of
each re-issue. In respect of cases falling under Items Nos. I(b) and IV(b) of the above table full process
fee shall be understood to mean the fee prescribed under Items Nos. I(a) and IV(a) of the above table,
respectively.
This rule applied whatever may be the reason which prevented service (e.g. Whether the failure to serve
was due to the fault of the party on whose behalf it was issued or not), and whether the identical paper is
re-issued or a fresh paper.
Note (x) : When the service is set aside in an enquiry under Order V, Rule 19, Civil Procedure Code or
when witnesses, etc., have to be summoned a second time in consequence of the Court not siting or not
taking up or not completing the hearing of the case on the day on which they were first summoned, no
further fee is to be levied upon re-issue.
Note (xi) : If a warrant has already been issued to arrest a judgment-debtor who has failed to pay the
decretal amount and who has been ordered to be imprisoned in a civil jail and such warrant of arrest is in
force, no further fee is leviable on the order of committal to jail.
Note (xii) : No fee is to be charged for any process issued by a Court of its own motion.
Note (xiii) : No process-fees shall be charged on proclamations under section 10 of Regulation VIII of
1827, and notices issued under the Provincial Insolvency Act in the Case of an application by a debtor.
Note (xiv) : (a) When the services of a bailiff (other than a special bailiff) are required for a long period
than three days for the service or execution of a process (ordinary or emergent) the party on whose
application the process was issued shall, in a addition to the process fees leviable, under the above rules,
be required to pay the salary and the allowances (including dearness allowance, compensatory allowance,
house rent allowance, travelling allowance and daily allowance) of such bailiff for the whole period in
excess of three days, a part of the day being reckoned as equal to a whole day. The salary and allowances
in such cases shall be calculated for the period in excess of three days on the basis of the actual salary and
allowances, monthly or daily, payable to the bailiff concerned at the rates admissible under the rules for
the time being in for :
Provided that where the party provides his own conveyance, no Travelling Allowance shall be recovered
from him.
(b) The time occupied in going to and returning from the place at which the process is to be served or
executed shall not be reckoned as portion of the period referred to in clause (a) above.
(c) The amount recovered from the party under clause (a) above shall be credited to Government.
Note (xv) : Nothing contained in these rules shall apply to processes issued in proceedings under the
Bombay Agricultural Debtors' Relief Act (Bom. XXVIII of 1947). The fee chargeable in respect of such
processes are prescribed in High Court Circular No.P. 0122/47, dated the 9th November 1948, published
at page No. 914 of the Bombay Government Gazette for 1948, Part IV-C.
Note:- See also on this subject paragraph 111 of Chapter VIII.
The aforesaid rules which were made applicable to the newly added territories of the Re-organised State
of Maharashtra under High Court Notification No.P. 6326/56, dated 31st March 1959, have been
continued to remain in force, and shall be deemed to have been framed under section 32 of the Bombay
Court Fees Act, 1959 (Bom. XXXVI of 1959) with effect from 1st August 1959, provided that the
exemptions if any, already in force in the aforesaid newly added territories of the Re-organised State of
Maharashtra in respect of payment of process fees which are similar to the exemptions granted by the
High Court Notification No. PR. 0703/49, dated 17th October 1958, and which were continued by the
High Court Notification No. P. 6326/56, dated 31st March 1959, shall also continue to remain in force.
489. Before any process is issued in any Court, the proper Officer of the Court should calculate the
amount to be paid as Court-fees, and should give information of such amount to the person by whom the
fees are payable. Such fees should be paid before the end of the fourth day from the date of the order of
the Court, provided that, if the office is closed on the forth day, the fees may be received on the next day,
the office is open. The Court may, for sufficient reason, extend the time for payment.
The stamp received for Court fees should be affixed too the application made for the issue of the process.
After the process fees have been received but not before, the necessary summons, notice, warrant, or
other process, should be prepared.
When the process is to be issued beyond the jurisdiction of the Court, a note should be made on the
process that the proper fee has been levied.
490. For warrants for partition in execution of partition decrees the process fees should be charged as
follows : They should be charged at the rate mentioned in item III at page 168 of the Civil Manual. The
fees should be calculated and charged according to the number of warrants or commissions issued
irrespective of the fact whether all the properties are situated in one village or more than one village.
Further they should be calculated on the value of the share of the decree-holder in the properties
mentioned in the particular warrant or commission. For instance, when a darkhast is filed for partition of
house as well as lands and the Court issued one commission for partitioning all the houses and a warrant
to the Collector for partitioning the lands, the fees should be calculated for the commission on the value
of the share of the decree-holder in all the houses mentioned therein even though the houses may be
situated in different vilages. If however, two or more commissions are issued seperately for different
houses situated in different villages, the process fees should be calculated and charged separately for each
of them on the value of the share of the decree-holder in the houses mentioned in each commission. In
regard to lands, as there will be only one warrant addressed to the Collector for partitioning all the lands
though they may be situated in different villages, the fees should be levied on the value of the share of the
decree-holder in all these lands.
491. All Judges are permitted to levy charges for beating of the drum for attachment of immovable
properties at such rates as they consider reasonable having regard to the situation of the properties and the
conditions prevailing in the village in which the beating of the drum is done. Ordinarily, the rate should
be Re. 1 for each beating of the drum and the charges should be levied at this rate for the beating of the
drum irrespective of the number of properties for which the beating of the drum is done. In cases,
however, where the properties are situated at a distance from one another though in the same village and
the beating of the drum has, therefore to be done at more than one place, the charges may be levied at the
above rate, separately for the beating of the drum at each of the places.
492. When a decree holder seeks the sale of immovable properties situated at different places or villages,
only one warrant and one proclamation of the sale with as many copies as there are places or villages
should be issued. Only one process fee should be charged for the warrant and another for the
proclamation.
493. The members of the Scheduled Tribes specified in the Schedule annexed hereto are exempted from
payment of process fees. This rule shall be effective retrospectively from and inclusive of the 7th day of
September 1961 and shall remain in force up to and inclusive of the 31st day of March 1984.
SCHEDULE
Part IX Maharashtra
1. Andh.
2. Baiga.
3. Barda.
4. Bavacha, Bamcha.
5. Bhaina.
6. Bharia Bhumia, Bhuinhar Bhumia, Pande.
7. Bhattra.
8. Bhail, Bhil Garasia, Dholi Bhil, Dungril Bhil, Dungri Garasia, Mewasi Bhil, Rawal Bhil, Tadvi Bhil,
Bhagalia, Bhilala, Pawra, Vasava, Vasave.
9. Bhunjia.
10. Binjhwar.
11. Birhul, Birher.
12. Chodhara (excluding Akola, Amravati, Bhandara, Buldhana, Chandrapur, Nagpur, Wardha, Yavatmal,
Aurangabad, Beed, nanded, Osmanabad and Parbhani districts.)
13. Dhanka, Tadvi, Tetaria, Valvi.
14. Dhanwar.
15. Dhendia.
16. Dubla, Talavia, Halpati.
17. Gamit, Gamta, Gavit, Mavehi, Padvi.
18. Gond Rajgond, Arakh, Arrakh, Agaria, Asur, Badi Maria, Bada Maria, Bhatola, Bhimma, Bhuta,
Koilabhuta, Koilabhuti, Bhar, Disonborn Maria, Chota Maria, Dhandami Maria, Dhuru, Dhurwa, Dhoba,
Dhulia, Dorla, Gaiki, Gatta, Gatti, Gaita, Gond Gowari, Hill Maria, Kandra, Kalanga, Khatola, Koitar,
Koya, Khirwar, Khirwara, Kaucha Maria, Kuchaki Maria, Madia, Maria, Mana, Mannewar, Moghya,
Mogia, Monghya Mudia, Muria, Nagarchi, Naikpod, Nagwanshi, Ojha, Raj, Sonjhari Jharoka, Thatia,
Thotya, Wade Maria, Vade Maria.
19. Halba, Halbi.
20. Kamar.
21. Kathodi, Katkari Dhor Kathodi, Dhor Kathkari, Son Kathodi, Son Katkari.
22. Kawar, Kanwar, Kaur, Cherwa Rathia, Tanwar, Chattri.
23. Khairwar.
24. Kharia.
25. Kokna, Kokni Kukna.
26. Kol.
27. Kolam, Mannervarlu.
28. Koli, Dhor, Tokre Koli, Kolcha, Kolgha.
29. Koli Mahadev, Dongar Koli.
30. Koli Malhar.
31. Kondha, Kohond, Kandh.
32. Korku, Bopchi, Mouasi, Nihal, Nahul, Dondhi, Bondeya.
33. Koya, Bhine Koya, Rajkoya.
34. Nagesia, Nagasia.
35. Naikda, Nayaka, Cholivala, Nayaka, Kapadia Nayaka, Mota Nayaka, Nana Nayaka.
36. Oraon, Dhangad.
37. Pardhan, Pathari, Saroti.
38. Pardhi, Advichincher, Phans Pardhi, Phanse Pardhi, Langoli Pardhi, Bahelia Bahellia, Chita Pardhi,
Shikari, Takankar, Takia.
39. Parja.
40. Patolia.
41. Pemla.
42. Rathawa.
43. Sawar, Sawara.
44. Thakur, Thakar, Ka Thakur, Ka Thakar, Ma Thakur, Ma Thakar.
45. Thoti (in Aurangabad, Beed, Nanded, Osmanabad and Parbhani districts Rajuri tahsil of Chandrapur
district )
46. Varli.
47. Vitolia, Kotwalia, Barodia.
494. No Court fee is leviable upon a certificate of a decree-holder under rule 2 of Order XXI of the Civil
Procedure Code, although such certificate declares that the decree-holder has received a smaller sum or a
thing of less value in discharge of a large sum due under the decree, or in complete discharge of the
decree.
495. No Court fee is leviable on bonds executed on bonds executed by prisoners or other persons in
duress or under restraint of any Court or its officers for their release in accordance with the orders of the
Court.
496. Pending judicial decision by the High Court on the question, Subordinate Courts in their
administrative capacity should regard section 20 (iii) of the Bombay Court fees Act 1959, as exempting
applications for repayment of refund of deposits from Court fees.
497. Any copy, which on its first presentation has been duly stamped, and of which the stamps has been
cancelled, may, if otherwise admissible, be used in the same or any other preceding without a fresh stamp.
498. The following is a summary of the existing law and rules as to the cancellation and use of Court-fee
labels and impressed stamps :
(i) Section 42 of the Bombay Court-fees Act, 1959 is as follows :-
“ No document requiring a stamp under this Act shall be filed or acted upon in any proceeding in any
Court or office until the stamp has been cancelled.
Such officer as the Court or head of the office may from time to time appoint shall, on receiving any such
documents forthwith effect such cancellation by punching out the figure-head so as to have the amount
designated on the stamp untouched, and the part removed by punching shall be burnt or otherwise
destroyed.”
(ii) Impressed stamps used for denoting Court-fee need not be cancelled or punched otherwise than as
required by section 42 of the Court fees Act.
The record keeper of every Court shall, when a case is decided and the record consigned to his custody,
punch a second hole in each lable distinct from the first which is prescribed by section 42 of the Bombay
Court-fees Act, and note the date of doing so at the same time, apply only to adhesive labels used under
the Court-fees Act, and impressed stamps used for denoting court fees need not be cancelled or punched
otherwise than as required by section 42 of the Bombay Court fees Act.
(iii) The Court or office issuing copies, certificates and other similar documents liable to duty is, before
issue, to cancel labels affixed to them by punching out as portion of the labels in such a manner as to
remove neither the figurehead nor that part of the label upon which its value is expressed. As an
additional precaution, the signature of the officer attesting the document, with the date, should be written
across the label and upon the paper on either side of it, as is frequently done by persons signing stamped
receipts.
(iv) Before records are forwarded by a Subordinate Court to the District Court as required by paragraph
530 of Chapter XXVII they should be checked for ascertaining that no stamp is left unpunched. At the
end of the Roznama in each case a note should be made by the suit or Darkhast Sheristedar that all the
Court fees stamps have been punched. Similarly, in District Courts the clerk who completes the Roznama
would check the punching of stamps and make a similar note.
The Record keeper of the District Court should examine one out of every ten cases received by him and
should endorse on the Roznama of the examined case and in the General Record Register that he has
checked the punching of stamps in the particular case.
A test inspection of cases received by the Record Keeper of the District Court should be made by Clerk of
the Court of the District at the end of each quarter.
(v) (a) When the fee chargeable under the Court-fees Act is less than Rs. 25 such fee shall, subject to the
directions contained in clause (d) below, be denoted by adhesive stamp only. Such adhesive stamp shall,
either be the adhesive stamp bearing the words “Court Fees” at present in use, or adhesive stamps of any
different shapes, size of pattern bearing the words “Court Fees” which may hereafter be issued for use
supersession of, or in addition to, adhesive stamps now in use,
(b) When the fee chargeable under the said Act amounts to or exceeds Rs. 25 such fee shall be denoted by
denoted by impressed stamps bearing the words “Court Fees” only adhesive stamps being used to make
up fractions of less than Rs.25,
(c) Court-fee stamped papers of the value of Rs. 10, 15 and 20 may, however be used to denote the fees
chargeable under the said Act until such use in prohibited by a notification issued in this behalf under
section 39(b) of the Act.
(vi) (a) Fees amounting to less than Rs. 25, shall be paid by affixing a single adhesive stamp, of the
required value. But if single adhesive stamp of the required value is not available the stamp of the next
lower value available shall be used, and the deficiency shall be made up by the use of one or more
additional adhesive stamps of the next lower value, as may be required to make up the exact amount of
the fee.
(b) Fees amounting to or exceeding Rs. 25 shall be paid by affixing a single impressed stamp of the
required value. But if such a stamp is not available, an impressed stamp of the next lower value available
shall be used, and the deficiency shall be made up by the use of one or more additional impressed stamps
of the next lower value available as may be required to make up the exact amount of the fee in
combination with the adhesive stamps to make up fractions of less than Rs.25.
(c) The adhesive stamp used under rule (vi)(b) shall be affixed to the impressed stamp of the highest value
used.
(d) Notwithstanding anything herein contained impressed Court-fee stamped papers of the value of Rs.
10, 15 and 20 may be used to denote the fees chargeable under the said Act until such use is prohibited by
a notification issued in this behalf under section 39(b) of the Act.
(vii) When two or more impressed stamps are used to make up the amount of the fees chargeable under
the Court fees Act, a portion of the subject-matter shall ordinarily be written on each stamped sheet.
Where this is impracticable or inconvenient, the document shall be written on one or more sheets bearing
impressed stamps of the highest value, and the remaining stamps shall be punched and cancelled by the
Court and filed with record, a certificate being recorded by the Court on the face of the first sheet, of the
document to the effect that the full Court-fee has been paid in stamps. The writing on each stamped sheet
shall be attested by the signature of the person or persons executing the document.
(viii) In future, stamps should be cancelled on the day of presentation or within a reasonable time from
the date of presentation but invariable before the document if filed or registered or otherwise acted upon.
499. (i) In any suit disposed of by a District Court, a Subordinate Civil Court constituted under the
Bombay Civil Courts Act, 1869, or Court of Small Causes constituted under the Provincial Small Causes
Courts Act, 1887, as the case may be, in the circumstances specified in column 1 of the Schedule hereto
annexed, the part of the institution fee as specified against it in column 2 of the Schedule shall be repaid
to the plaintiff by such Court, by issuing a certificates.
SCHEDULE
Column 1 Column 2
Suit the claim in which is admitted but only time or Two-thirds.

1
installments for payment is asked for.
Suit which is got dismissed by a plaintiff for want of Two-thirds.

2 prosecution before settlement of issues or recording of any
evidence
Suit which is withdrawn unconditionally by the plaintiff Two-thirds.

3 (before the settlement of issues or recording of any evidence)
as settled out of Court.
Suit in which the plaint is rejected without issuing summons to Three-fourths.

4 the defendant as not disclosing any cause of action, or as
barred by Law of Limitation.
Suit in which judgment is given on admission under rule 6 of Two-thirds of the amount of
Order XII in the First Schedule to the Code of Civil Procedure, institution fee of the claim
1908, before the settlement of issues or recording of any admitted.
5 evidence.
(Vide Government Order, H.D., No CFA, 1056-III, dated 1st
August 1959.)
In summary suit under Order XXXVII in the First Schedule to Two-thirds

the Code of Civil Procedure, 1908, where leave to defend is
6 refused or where the defendant does not appear.
(Vide Government Order, Law and Judiciary Department, No.
CFA-1179/419(109)-X, dated 28th April 1980.)
(ii) In any appeal or cross objections, disposed of by the Court under circumstances specified in column 1
of the Schedule hereto annexed, the part of the institution fee as specified in column 2 of the said
Schedule shall be repaid to the appellant by the Court provided that the amount of the fee paid by the
appellant exceeds five rupees or the claim for repayment is made within one year from the date on which
the appeal or cross objection is withdrawn or not prosecuted.
SCHEDULE
Appeal which is withdrawn or not prosecuted before Full amount of the institution fee.
1
registration or when registration is refused.
Appeal which abates after registration because the right to sue Two thirds of the institution fee
2 does not survive for the legal representative of a deceased paid on the memorandum of
litigant. appeal.
Appeal which after having been pleased before the Court for Half of the institution fee paid on
3
admission is withdrawn or not prosecuted. the memorandum of appeal.
Appeal which is withdrawn or not prosecuted though Half of the institution fee paid on
4
registered, before it is called for effective hearing. the memorandum of appeal.
Memorandum of cross objection which is withdrawn or is not Half of the institution fee paid on
5 prosecuted before an appeal, in which it is filed, is called for the memorandum or cross
effective hearing. objection.
[ Vide Government Order, Home Department No. CFA. 1056/58839-III, dated the 29th April 1960.]
500. A money decree, passed on admission, wherein installments are granted on the condition that in
default of payment of two or more installments, the whole of the balance shall become due and payable,
should be deemed to be a decree on admission under Order XII, Rule 6, C.P.C. And as such the part of the
institution fee would be repayable to the Plaintiff under Item 5 of the Schedule of para 499 above.
501. A form of certificate for refund of Court-fees is given below.
Form of Certificate for refund of Court Fees.
Amount ordered to be refunded to under section of the It is certified that is/are entitled under section of the Bombay
Bombay Court Fees Act, 1959/Bombay City Civil Courts Court Fees Act, 1959/Bombay City Civil Courts Act, 1948.
Act, 1948.
(a) Read with Government Order, Home Department No. CFA.
(a) Read with Government Order, Home Department No. 1056-III, dated the 1st August 1959.
CFA. 1056-III, dated the 1st August 1959.
(b) Read with Government Notification . Home Department,
(b) Read with Government Order, Home Department, No. No. 5824/5, dated the 14th August 1948.
5824/5, dated the 14th August 1948.
(c) Read with Government Order, Home Department, No. CFA.
(c) Read with Government Order, Home Department, No. 1056/58839-III, dated the 29th April 1960.
CFA. 1056 /58839 - III, dated the 29th April 1960.
Or under Rule or Rules framed under Bombay Act, LVII of
Or under Rule or Rules framed under Bombay Act, LVII of 1947 to receive back from the Collector of Rs. (in figures) (in
1947 in respect of plaint/ counter-claim in in Application / words) Rupees Paise the stamp on the Plaint/Counter
Memo of Appeal / Cross-objection / Appeal / Application in claim/Application/Memo of Appeal/Cross Objection in suit
Suit /Appeal / Application No. of 19 of the Court of the District
Judge / Civil Judge (Senior / Junior Division) of Bombay City
Appeal/Application
Civil Court, Bombay, having been Rs. (in figures) (in words)
No. of 19 Rupees and Paise and the Court having ordered refund of the
Court having ordered refund of the institution fees.
Rupees (in words)
Rs. Paise.
This day of 19 . This day of 19 .

Judge/Registrar Judge/Registrar
Prepared by On :
Checked by On :
(a) and (c) To be struck off in cases other than (a) and (c) To be struck off in cases other than Section 43(2). Section 43(2).
(b) To be struck off in cases other than (b) To be struck off in cases other than Section 11(2) Section 11(2).
502. A party or his lawyer may be allowed to take a search of the record and proceedings of a disposed of
case on a written application made to the Court bearing a Court-fee stamp of 65 P. The order for search on
such application shall be made by the Presiding Officer of the Court.
503. The Court shall appoint either the Nazir or the Clerk of the Court to check and countersign every day
the two registers (Register of Process fee and Register of daily receipts of Court Fees) prescribed in
paragraphs 739 and 741, of Chapter XL of this Manual (Form O and Q Volume II of Civil Manual).
CHAPTER XXV
RULES UDNER THE SUITS VALUATIN ACT, 1887
504. Whereas, the High Court is of the opinion that the suits of the classes mentioned in the Schedule
herein below are such that they do not admit of being satisfactorily Valued;
Now, therefore, in exercise of the powers conferred under section 9 of the Suits Valuation Act, 1887 (7 of
1887) (as amended by Mah. IV of 1960) the Honourable the Chief Justice and Judges, with the previous
sanction of the State Government, are pleased to direct that suits of the classes mentioned in the said
Schedule, other than suits mentioned in paragraphs (v) and (vi) and clause (d) of paragraph (xi) in section
6 of the Bombay Court Fees Act, 1959, shall for the purposes mentioned in section 9 of the Suits
Valuation Act, 1887 (as amended by Mah. IV of 1960), be treated as if their subject matter were of the
value of three hundred rupees.
Schedule
1. Suits for custody of a minor.

2. Suits for declaration of easement or right to benefits arising out of immovable property with or without
injunction or other consequential relief and which fall in item (e) of the table under section 6(iv)(c) of the
Bombay Court Fees Act, 1959.
3. Suits falling in section 6(iv)(f) of the Bombay Court Fees Act, 1959.
4. Suits to set aside a decree or order having the force of a decree when the relief granted in the decree
falls under any class mentioned in this Schedule.
5. Suits to set aside a document and not falling within article 5 or 7 of Schedule I of the Bombay Court
Fees Act, 1959.
6. Suits for rectification of a document.
7. Suits under section 77 of the Indian Registration Act.
8. Suits for declaration with or without consequential relief for which mode of computation of fee on ad
valorem basis is not provided by the Bombay Courty Fees Act, 1959.
9. Suits for injunction for which mode of computation of fees on ad valorem basis is not provided by the
Bombay Court Fees Act, 1959.
II
Maharashtra Suits Valuation Act (Determinations of value of land jurisdictional purposes) Rules, 1983.
505. Rules as per Government Notification, Law and Judiciary Department No. CCS-2768/5528(39)-I/X
dated the 11th October 1983 under the Suits Valuation Act, 1887 (VII of 1887).
1. (1) These rules may be called the Maharashtra Suits Valuation (Determination of Value of land for
jurisdictional purposes) Rules, 1983.
(2) They extend to the whole of the State of Maharashtra.
(3) They shall take effect from the 1st day of January 1984.
2. In Suits for the possession of land, houses and gardens mentioned in paragraph (v) in Section 6 of the
Bombay, Court Fees Act, 1959 (Bom. XXXVI of 1959) (hereinafter referred to as “the Court-fees Act”),
for the purposes of Jurisdiction, the value of the property shall be determined as follows, namely :-
(a) Where the subject matter is a house or garden according to the market value of the house of garden, as
the case may be;
(b) Where the subject matter is land a sum equal to two hundred times of the assessment payable in
respect of the land.
Explanation : Where any land is partially or wholly exempt from the payment of land revenue, the full
assessment leviable in respect of such land shall be deemed to be the assessment payable in respect of
such land for the purposes of this rule, as if the land was not exempt from the payment of land revenue
either partially or wholly.
3. In suits to enforce a right of pre-emption mentioned in paragraph (vi) in Section 6 of the Court-fees
Act, for the purpose of jurisdiction, the value of the property shall be the same as the value (computed in
accordance with rule2) of the land, house or garden, as the case may be in respect of which the right is
claimed.
4. In Suits for specific performance of an award relating to any land, house, or garden mentioned in clause
(d) of paragraph (xi) in Section 6 of the Court-fees Act, for the purpose of jurisdiction, the value of the
property shall be the same as the value (computed in accordance with rule2) of the land, house or garden,
as the case may be, in respect of which the award is made.
CHAPTER XXVII
OATHS AND AFFIDAVITS
506. The persons who may administer oaths to deponents must be duly authorised under section 139 of
the Civil Procedure Code to do so.
507. District Courts have been empowered by the Government of Bombay (see resolution of the 12th
October 1877), to appoint officers to administer oaths to deponents for the purpose of affidavits in the
District Courts, and the Courts subordinate to the District Courts. This order was originally made under
section 197 of the old Code and is valid under section 157 of the present Code.
508. The Clerks of the courts and any Notary appointed under the Notaries Act, 1952, are empowered to
administer oaths only for the purpose of affidavits under section 139 of the Civil Procedure Code, and,
therefore, they should not administer oaths for the purpose of affidavits, which do not come within the
scope of the Code.
509. (i) When any person desires to make any application to the High Court in its Civil or Criminal
Jurisdiction, and to support the same by an affidavit or statement on solemn affirmation, any Court or
Magistrate or other officer or person duly, appointed shall, on application, take such affidavit or statement
on solemn affirmation, and on payment by an affixed stamp of such fee as may be legally prescribed,
authenticate the same by signature with endorsement stating clearly that the affidavit was made on oath or
solemn affirmation in the presence of the Court or the officer attesting it.
(ii) An affidavit intended by a person to be filed in any proceeding before the High Court may be sworn
before any Court or Magistrate or before a person duly empowered in that behalf who shall, if the
appropriate court fees thereon and other legal fees have been paid, authenticate it, stating clearly that the
affidavit was made on oath or affirmation in the presence of the person authenticating it.
510. “The Officer, authorised to administer oaths shall before certifying the affidavit, satisfy himself as to
the identity of the declarant who may be either known to him personally or identified before him by a
person whom he personally knows, or whose identity is duly established to the satisfaction of the Officer
by any of the following documents, namely Passport, Driving License, Voters identity Card, PAN Card, or
Photo Identity Card issued by State/Central Government. The manner in which the identification is so
made shall be certified by the Officer administering the oath.”
Every Officer administering an oath in such a case shall add the following words after the words,
“Solemnly affirmed before me,” namely, “by” ...” who is identified before me by” .... or “whom I
personally know.”
511. (1) Every affidavit to be used in a Court shall be entitled “In the Court
of ..........................................”.
(2) Every affidavit shall bear the number of the proceeding in which it is proposed to be filed and shall set
out the names of the parties to the proceedings.
(3) Every affidavit containing any statement of facts shall be divided into paragraphs, and every
paragraph shall be numbered consecutively, and as nearly as may be, shall be confined to a distinct
portion of the subject.
(4) The declarant shall state what paragraphs or portions of his affidavit he swears of solemnly affirms to
from his own knowledge and what paragraphs or portions he swears or solemnly affirms to on his own
belief, stating the grounds of such belief.
(5)(a) The Officer administering the oath or affirmation for the purpose of affidavits shall satisfy himself
that the language in which the affidavit is sought to be made is known to the declarant.
If the language is not known or understood by the declarant, the Officer administering the oath or
affirmation shall, where the party is represented by a lawyer, require the said lawyer to certify in writing
below the affidavit that the contents of the affidavit have been interpreted to the declarant in a language
known to him and that the declarant has fully understood them.
(c) Where the declarant is not represented by a lawyer, the Officer administering the oath or affirmation
shall, when necessary, cause the affidavit to be interpreted to the declarant by any person appointed by
him as an Interpreter. The person interpreting the document shall certify below the document that its
contents have been interpreted to the declarant in a language known to him.
(d) When the Officer administering the oath or affirmation is satisfied that the language of the document
as known or understood by the declarant, or when the lawyer or the interpreter certifies that the contents
have been interpreted to the declarant in a language known to him, the oath shall be administered and the
affidavit completed by the signature of the declarant below the declaration on oath in the presence of the
Officer and the certification by the officer of the administration of the oath.
512. (1) Judicial Officer should, as far as possible, avoid attesting documents because if they do so, they
are liable to be summoned as witnesses to prove them in Court of Justice.
(2) Where an affidavit is sworn or a statement on solemn affirmation is made before a judge or a
Magistrate or where a document is attested before such Officer, a fee of Re. 1 should be taken in Court
fee stamps, which should be affixed to the affidavit or the document, as the case may be, and obliterated.
(3) The Officer empowered under paragraph 506 to take affidavits or statements on sworn affirmation or
any Officer of a Court duly appointed in this behalf by the District Judge, may charge a fee of 50 ps.
except in the case of affidavits, which are made for immediate use in the Court, in which the Officer is
employed. Half of the fee so charges shall be paid to the Officer before whom the affidavit is affirmed.
The other half shall be taken in the form of Court-fee stamps, which should be affixed to the document
and obliterated.
(4) The attestation of documents should ordinarily be done in the Court. In special cases, the Court
Officers may with the previous written permission of their superior Officers, attend private houses for the
purpose of attesting documents but they should do so entirely out of office hours. The Court Officers
attending at private houses would be entitled to receive an extra fee of Rs. 5, when the private house is
situated within a distance of 5 miles from the Court, and Rs. 10 when it is beyond that distance, for each
such attendance.
513. Government have authorized all Magistrates where there are no Civil Courts and the following
officers to administer the oath to Bailiffs making affidavits of service of Processes of Civil Courts without
levying from them the fees leviable under Government Resolutions in the Judicial Department, No. 2308,
dated the 12th June 1871, and No. 429, dated the 21st January 1887, for attestation of affidavits :
The Sub-Registrar of Savda and the sub-Assistant Surgeons of Savda and Bodwad, in the District of East
Khandesh (vide G.R., H.D., No. 2327/2, dated the 22nd December 1927). (Now in District Jalgaon.)
Oaths and Affirmations to be made by witnesses and interpreters.
514. Oaths and affirmations to be made by a witness or interpreter under section 3 of the Oaths Act, 1969
(Act XLIV of 1969), shall, as required by section 5(2) of that Act, be administered by the Court, itself.
515. The following forms of oaths and affirmations are prescribed under section 6 of the Oaths Act, 1969.
Form No. I (Witnesses), -
I do swear in the name of God that what I shall state, shall be the
solemnly affirm
Truth ,the whole truth and nothing but the truth.
Form No.2 (Jurors) : * * * *
Form No.3 (Interpreters) :-
I do swear in the name of God that i will well and truly interpret
solemnly affirm
and explain all questions put to and evidence given by witnesses and translate correctly and accurately all
documents given to me for translation.
Form No. 4 (Affidavits) :-
I do swear in the name of God that this is my name and signature

solemnly affirm
(or mark) and that the contents of this my affidavit are true.
CHAPTER XXVIII
RECORDS
Classification of Records
516. For the purpose of the preparation, maintenance, preservation and destruction of records, original
proceedings are divided into the following classes :-
Class I - Includes records of -
(a) All Regular Suits ;
(b) Suits for possession of immovable property under Rent Act, namely, the Bombay Rents Hotel and
Lodging House Rates Control Act, 1947 (Bombay Act No. LVII of 1947), the C.P. And Berar Regulation
of Letting of Accommodation Act, 1946 (No. XI of 1946) and the Hyderabad House (Leave, Eviction and
Lease) Control Act, 1954 (No. XX of 1954), whether heard by a Small Cause Court or a Regular Court.
(c) Proceedings under the Hindu Marriage Act, Indian Succession Act (except under part VII of the Act),
Land Acquisition Act, Insolvency Act, Guardians and Wards Act and Lunacy Act ; and
(d) Such other cases as the High Court may from time to time direct to be included in this class.
Class II - Includes records of -
(a) Proceedings in execution of decrees ;

(b) Small Cause Suits except Suits for possession of immovable property under the Rent Acts mentioned
at item (b) of Class I above ; and
(c) Miscellaneous proceedings not included in Class I.
Note : In case of doubt as regards proper classification, the matter should be referred to the District Judge
who should issue suitable instructions, if necessary, after consulting the High Court.
Arrangement of Record in Files
517. The record of every proceeding in Class I shall be arranged and kept in the following files :-
File 'A' shall contain the following papers, which shall be arranged in the following order :-
(a) Judgment of final order;
(b) Preliminary and final decree ; and

(c) Any other papers of historical, sociological or scientific value, which the Presiding Judge may, with
the previous permission of the District Judge, order to be placed in File 'A'.
File 'B' shall contain the following papers, which shall be arranged in the following order :-
(a) Plaint or Petition ;

(b) Roznama of Proceeding ;
(c) Summons or Notice with return thereto in cases in which an ex-parte order is passed against a
defendant ;
(d) Written Statements ;
(e) Applications for particulars, and particulars supplied together with the admissions regarding
documents and facts ;
(f) Interrogatories and their answers;
(g) Memorandum of issues ;
(h) Reference to Arbitration and Award, if decree is passed in terms thereof;
(i) Any other of the Court sanctioning a compromise as beneficial to minor or lunatic ;
(j) Petition of compromise, if given effect to in the decree;
(k) Findings certified to the Appellate Court ; and
(l) Copy of Judgment, decree or order passed in appeal or revision, if any.
File 'C' shall contain the following papers, which shall be arranged in the following order :
(a) Documents admitted in evidence ;

(b) Oral Evidence ;
(c) Affidavits when treated as evidence; and
(d) Registered addresses of parties.
File 'D' shall contain the following papers, which shall be arranged in the following order :
(a) Warrant of attachment before judgment;

(b) All summons and notices [except those mentioned at item (c) of File 'B']
(c) Lists of witnesses and documents;
(d) Petitions relating to attendance of witnesses or adjournment or calling for and sending papers or
records;
(e) Documents not exhibited;
(f) Powers of attorney;
(g) Vakalatnamas and means of appearance;
(h) Interlocutory proceedings not specified as included in any other file; and
(i) all other papers not including in File 'A', 'B' and 'C'.
518. Record of every proceeding in Class II shall consist of only three files to be styled and marked B, C
and D. File B in such cases shall contain papers required to be included in files A and B of Class I as
indicated in paragraph 517 above, and files C and D shall include respectively the papers required to be
included in file C and D of Class I as indicated in paragraph 517 above.
Exceptions : In the following instances, there shall be the File 'A' which' however, will include only the
documents indicated in such instance -
(1) Where immovable property has been sold under a decree, the proclamation of sale, the Lilav Yadi or
Memorandum of auction, the other confirming the sale and copy of sale certificate shall be included in
file 'A'.
(2) Kabja Pavti and the order directing the delivery of possession in execution of decrees for possession
of immovable property shall be included in file 'A'.
Preparation of Records
519. The arrangement of the record and the distribution of the papers in the proper files should commence
from the date of institution of the suit or proceeding and this shall be continued from day to day as the
case proceeds.
520. (a) Each file of every record shall have prefixed to it a title page of the following description :
1. Name of the Court.

2. Case number.
3. Names of Parties.
4. Date of Decision.
5. Numbers of Exhibits included in the file.
6. Category of the file (as 'A','B','C' and 'D').
(b) Each of the files, A,B,C and D shall be checked to see that all the papers in the record have been
properly marked and kept in appropriate files. Each file shall be separately paged and indexed.
521. The following rules should be observed in marking and preparing exhibits recorded in the Court :
(a) all documents, including applications and affidavits, except those not admitted in evidence, and the
depositions of witnesses shall be serially exhibited. The exhibit number should be marked in large figures
in red ink on the top of the outer sheet.
(b) All exhibits except original documents should as far as possible be of fool scape size.
(c) Exhibits of smaller size should be attached to a sheet of fool scape size.
(d) Where an exhibit consists of more sheets of paper or documents than one, the number of such sheets
or documents should be shown in brackets below the number of the exhibit.
(e) Where an exhibit is too bulky or awkward to be included in the file of exhibits a sheet of fool scape
size should be placed in the file indicating the number of the exhibit and of what it consists and stating
that the particular exhibit is separately kept.
(f) A number of extracts from the Record of Rights, assessment receipts or municipal receipts, are
produced by parties, and subsequently exhibited after they are duly proved. In order to facilitate quick
reference and appreciation of evidence it is desirable to adopt the following procedure in numbering such
extracts or receipts as exhibits in suits and other proceedings :
(1) All extracts from the Record of Rights or receipts should first be carefully sorted out, and then
grouped together according to the properties to which they relate and the parties who produce them.
(2) When the extracts or receipts are sorted out and grouped as above, each group should be exhibited
under one single common number.
(3) The extracts or receipts in the same group should thereafter be sub-numbered as for instance Ex. 3(1),
Ex. 3(2), etc.
(g) Whenever an exhibit has been removed, a sheet of fool scape size should be inserted stating the
number of the exhibit removed and the purpose for which it has been removed and the name of the person
or the designation of the officer in whose custody it is or, if removed and entered as an exhibit in another
case, its number in that case.
(h) All share certificates, debentures, promissory notes and other valuable securities should be enclosed in
a separate envelope or packet which should be securely fastened and sealed and the packet marked
outside to show the numbers of the exhibits contained within and the name of the clerk who enclosed
them in the packet and a sheet as above should be inserted in the file in lieu of the original and an entry
made thereon to show where the original exhibit has been placed.
(i) When a succession certificate or a power-of-attorney is produced, it need not, unless the Court requires
it, be filed. It is not filed, it may be returned after inspection; but a note thereof should be made in
Roznama and the fact of the production endorsed on the document over the signature of the Judge or
Clerk of the Court.
Documents
522. (1) All documents tendered in evidence shall be accompanied by a list in the form given as No. 5 in
Appendix- of the first schedule of the Code of Civil Procedure.
(2) If any document is written in pencil or is torn, mouth eaten or damaged in any other way, a clear note
to that effect must be made in the list and any such document shall be brought to the notice of the Judge
by the clerk whose duty it is to receive it.
(3) When a document produced is written in pencil or is torn, mouth eaten or damaged in any other way,
the Court may, if it deems desirable, ask for a true copy thereof either written in ink or typed.
523. (1) As soon as the list is filed, the Bench Clerk should endorse on the back of each document the
particulars mentioned in clauses (a), (b) and (c) of rule 4(1), Order XIII, Civil Procedure Code.
Note : Occasionally, documents are produced which are of great historic value such as old sanads or
grants, and such documents may be seriously impaired or damaged by the usual endorsements. It is
important that the identity of a document produced in Court and acted upon should be placed beyond
question in view of a possible appeal or other future proceeding. But where a document of historical
interest is in question, the Court before which it is produced, should make every possible endeavor to
prevent its being defaced by marks of any kind. Some means of avoiding disfigurement would generally
suggest themselves. The parties may agree to a photographic copy being substituted for the original or the
document may be enclose in a sealed cover are in a lock and sealed sealed box, the necessary particulars
being endorsed on the outside. Careful measures should also be taken for the safe custody of such
documents.
(2) If any document presents a suspicious appearance, a note of it should be made in the list as well as in
the Roznama and if the Court sees sufficient cause, it may impound the document under Order XIII, rule
8 of the Civil Procedure Code, if any document appears to have been executed on unstamped or
insufficiently stamped paper, action should be taken under the Bombay Stamp Act.
524. If a document included in the list is referred to in the proceedings before it is tendered in evidence
and formally proved, it should be immediately marked for identification. When it is tendered in evidence,
it should be detached from the list. If rejected, it should be endorsed as prescribed by Order XIII, rule 6,
Civil Procedure Code, and returned. If admitted, the endorsement referred to in the above rule should be
completed and signed by the Judge (Order XIII, rule 4, Civil Procedure Code) and the document should
be assigned the appropriate exhibit number and filed in the record and all references to it in the
depositions and judgment should bear that number. Every document should be further marked with the
letter 'P' or 'D', according as it is tendered by the plaintiff or the defendant. The number assigned to each
document should be endorsed on the list of documents mentioned above.
525. The provisions of Order XIII, rules 6 and 7, Civil Procedure Code, do not apply to Vakalatnama,
summons and other formal documents. All such documents, should, when filed, be endorsed with the
number and year of the case, and the number of exhibit assigned to it in the Roznama and placed on the
record.
526. When any person, who has filed a general power of attorney authorising him to appear, apply or act
in any Court on behalf of a party to a suit, appeal or any other proceeding, desires to have the power of
attorney returned to him during the pendency of such suit, appeal or proceeding, it may be returned to him
unless sufficient reasons appear to the contrary, provided he tenders a duly certified copy thereof at his
expense to be substituted for the original.
527. When a plaint is returned before registration for presentation to the proper court, all documents filed
with it should also be returned. If it is returned after registration, unadmitted documents should be
returned along with it. The return of other documents will be governed by the provisions of paragraph
528.
528. (1) An application for return of a document admitted in evidence and placed on record may be
presented to the Court, which admitted it on record or to the District Court, if the record is sent to that
court. The document may be returned to the person entitled to receive it after obtaining a receipt in
writing in the usual form. Such receipt should be filed with the record in place of the document returned.
A note as regards the return of the document should be made in the Roznama as well as in the list of
documents.
(2) If a party wants the return of a document by registered post, it may be so returned at the party's risk,
provided the charges of postage and registration are remitted and an advance receipt is sent along with the
application.
(3) In any case, in which an appeal or revision application lies, no document shall be returned until the
period allowed for preferring such appeal or revision has elapsed, or until such appeal or revision, if
preferred, has been disposed of, unless the person applying for the return of the document delivers a
certified copy to be substituted for the original and undertakes to produce the original if he is required to
do so. No document shall, however, be returned which has been declared to be wholly void.
529. The provisions of the foregoing paragraphs 516 to 528 shall apply mutatis mutandis to the records of
appeals and revision applications.
Transmission of Records to the District Record Room.
530. The records of (i) Suits, (ii) Miscellaneous Judicial Cases, (iii) Execution Cases, (iv) Insolvency
Petitions, (v) Regular Appeals, (vi) Miscellaneous appeals and (vii) Miscellaneous Cases, should be
forwarded to the Record keeper of the District Court on the 25th of third month after the month in which
the said cases are decided along with a list in the form prescribed below.
General Record Register of the Court of
Part I- Suits including Execution.
Part II- Miscellaneous Applications.
Part III- Appeals.
Serial No. No. and year of suit, appeal Date of Decision No. of Papers in No. of Papers No. of exhibits not
or miscellaneous the case as per filed after to be destroyed
application together with Roznama decision
6
1 names of parties 3 4 5
2
Date of receipt Shelf or cupboard No. and year of Date of destruction If destroyed to Remarks
appeal, if any what extent
8 10 12
9 11
7
531. In forwarding the records to District Court, the Civil Judges dispatching them should choose the
most economic and expedient mode of dispatch. The Civil Judges should also see that the cost of
conveyance is kept down as low as possible. It is not necessary to forward the records in any particular
way but proper precautions should be taken for their safety. Whenever expedient, they may be dispatched
by Registered Post with an acknowledgment.
532. In case the record of any case specified in the list referred to in paragraph 530 is not sent, a note
should be made in the remarks column of the list against that case showing why the record has not been
sent.
533. Before the record of any suit, darkhast of other proceeding is forwarded by the court in which it
originated, to District Court record room, it would be ascertained that the final order passed in that suit,
darkhast or other proceeding is duly noted in the Register of Suits, darkhasts or other proceedings, and a
remark to the following effect should be made in the list mentioned above and signed by the Clerk of the
Court :-
“I have ascertained that the final orders passed in the proceedings entered in the list are duly noted in the
relevant registers which are to be permanently preserved.”
Custody of Records
534. When the records with the prescribed lists are received in the record room, the Record keeper shall
verify whether the records correspond with those entered in the list, that their classification and
arrangement have been properly carried out and that the contents of each file are correct. He shall bring
discrepancies, if any, to the notice of the Judge concerned through the Officer in charge of the record
branch. The Record keeper should make an endorsement as regards the correctness or otherwise of the
record received and send a copy of the endorsement so made to the civil Judge concerned so as to reach
him within 15 days from the date of the receipt of the record in the record-room.
535. The Record keeper of the District Court should further examine one out of every ten cases received
by him and should endorse on the Roznama of each case examined by him and in the General Record
Register that he has checked the punching of the stamps.
536. A test inspection of cases received by the Record Keeper of the District Court should be made by the
Clerk of the Court of the District Court at the end of each quarter. A note of the inspection shall be made
in the inspection book kept in the Record Room. The book shall after each inspection be submitted to the
District Judge or any Judge appointed by the District Judge for the purpose.
537. Records, which should have been sent with the prescribed list but which have not been so sent,
should be entered by the Record Keeper in the record room Register of dispatch of Civil records and a
note should be made against the entry that the record has been detained in the Court.
538. On the 25th of each month, the Record keeper should submit to the Clerk of the Court a report
showing for each Court what records which should ordinarily have reached the record room are yet to be
received. The Clerk of the Court shall submit the report to the District Judge for his orders.
Arrangement of Records in the Record room
539. (1) The records shall be kept on sturdy racks. All precautions should be taken to see that the records
are not destroyed by white ants, insects etc. The legs of the racks should be kept submerged in iron or lead
receptacles which should contain some disinfectant. Any damage noticed in this respect should be
immediately brought to the notice of the Presiding Judge.
(2) Each rack should bear a number. Each shelf in a rack should also be numbered.
(3) (a) All the records of a suit or other proceeding shall be kept together in one bundle. The bundle shall
also contain the papers of appeal or revision application arising from that proceeding.
(b) Cumbrous or bulky records should be separately kept.
(4) The bundles be tied in rumals of such colors as may be prescribed, each of which should bear a label
showing the nature of records kept in it and the year or years to which they relate.
(5) The records should be arranged according to the dates of their disposal.
(6) On each rack, there should be affixed to it a card showing the number of rack, the number of the
shelves, the category of records kept on each shelf and the year or years to which they pertain, Each shelf
should also bear a label giving particulars of the record kept.
(7) A chart of record room should be prepared showing on it the numbers of racks and the nature and
category of records kept on each of them. The chart so prepared should be fixed at the entrance of the
record room.
(8) The record, which is due for destruction in any year, should be taken out and kept on separate racks,
until it is destroyed.
540. When a record is removed from the record room for any purpose, the Record Keeper shall insert a
memorandum in the prescribed form in its place in the bundle and note in the Record Room Register of
dispatch of Civil records, the number of the case, the names of the parties, the designation of the court to
which it is sent and the date of its removal and shall obtain the signature of the receiving court or Officer
in the appropriate column of the Register. If the record is required by a Court at an outstation, the
signature taken shall be that of the Clerk who acts as the dispatching clerk. On return of the records, the
Record Keeper shall note in the same Register the date of return.
541. In the first week of each quarter, the Record Keeper shall prepare and submit to the District Judge
through the Clerk of the Court a statement showing all the records which, whether for the purpose of
appeal or otherwise, had been out of the record room for more than four months on the last day of the
preceding quarter. A blank report should also be submitted.
542. The lists received along with the records should be bound at the end of the year. The lists so bound
will serve as record room registers.
543. The appellate record of the District Court and records of execution proceedings shall be kept with
the record of the original suits, but shall not be stitched to the files of those suits.
Exception : The records of execution proceedings held in a District other than that in which the decrees
were passed, shall be kept in the record room of the former District in a separate bundle labelled
“Execution in Suits disposed of in other Districts”.
Preservation and Destruction of Records.
544. The following rules for the destruction of records are famed under section 3 of the Destruction of
Records Act, 1917 (V of 1917)
(1) A Files shall be preserved forever.

B Files shall be destroyed at the end of 30 years.
C Files shall be destroyed at the end of 12 years.
D Files shall be destroyed at the end of 3 years.
Note : When the papers maintained in files 'B', 'C' or 'C' become liable for destruction, the District and
Sessions Judge shall give a notice to that effect to the Director of Archieves and Archaeology,
Maharashtra State, Bombay, requesting him to inspect the files for selection of documents of historical
value, if any. As soon as may be, after the receipt of such notice, the Director of Archives and Archaelogy
shall inspect the files and select documents which in his opinion need to be preserved permanently in his
custody. If the Director of Archieves and Archaelogy fails to do so and remove the documents within a
period of six months from the date of the receipt of such notice, the District and Sessions Judge, may
proceed with the destruction of documents.
(2) he above periods shall be calculated from the date of the final decree or order, which, in cases in
which appeal or revision applications are filed, will be that of the appellate or revisional Court. In respect
of Civil Suits in which an application for restoration of suit to file or for setting aside expartee decree is
field, the period shall be calculated from the date of the final order in such application. Where an appeal
or revision application is filed against such final order, the period shall be calculated from the final order
of such Appellate or Revisional Court.
(3) Cumbrous and bulky exhibits, such as account books and the like, which cannot be conveniently kept
with the record of the cases in which they have been used, but which have to be preserved separately, e.g.,
in boxes and bundles, may be destroyed, under the orders of the District Judge, after the expiry of one
year from the date of the final decision of the Court. In such cases, one month's clear notice of the
intended destruction, shall be served, before the expiry of the said period on the parties concerned or on
their lawyers.
(4) The work of destruction of records should be done regularly once a year preferable in the summer
vacation. It is the duty of the members of the establishment in charge of the record room to sort out and
destroy records. If assistance is necessary, clerks and bailiffs from any court at the District headquarter
should be employed.
(5) The destruction of useless records should be effected by tearing them into small pieces which should
be disposed of according to the standing orders of Government issued from time to time.
(6) The records of Election Tribunals constituted under section 86 of the Representation of People's Act,
1951, are to be sent to the District Judge of the District concerned. The records of the trial of an election
petition should ordinarily be preserved for a period of five years unless a longer period is fixed in any
particular case by the Election Commission (Vide Election Commission letter No, 86/55/11578, dated 1st
October 1955).
(7) The several registers and files prescribed by the High Court are classified as follows for the purpose of
destruction of records :
Sr.No. Nature Classification
1 Register of suits A
2 Register of Applications for Execution B
3 Register of Applications requiring Judicial enquiry A
4 Register of Applications not requiring Judicial enquiry C
5 Register of Insolvency petitions A
6 Daily Registers of plaints received D
7 Register of rejected plaints C

8 File of plaints returned for presentation to the proper B

Court
9 Register of Sale Certificates C
10 Register of Darkhasts transferred to the Collector for B

Execution
11 Register of Decrees received for execution C
12 Daily Court fee Register C
13 Process fees Register C
14 Register of cases in which Nazir is appointed guardian- C

ad-litem
15 'A','B','C','C' Registers of decided cases D
16 Register of interim applications D
17 Register of Commissions issued D
18 Inward and Outward Registers (both regional and C

English)
19 Register of Stamp duty and Penalty C
20 Copying Fee account and Registers relating thereto. C
21 Forms A,C,D,F,G,H,I,J,K,L,regarding accounts. C
Note : Before the registers in Form 'C' and 'G' are destroyed, all the outstanding items therein including
amounts lapsed to Government should be transferred to new registers in the same forms under the
initials of the Judge of the Court and these new registers (to be called the permanent registers C and
G)should be preserved permanently.
22 Memo Books C
23 Daily and Weekly Boards D
24 Correspondence file of ephemeral importance C
25 Maharashtra Government Gazettes C
26 Instructions issued for guidance on examination of B

accounts (from the date of receipt)
27 Reports of Enquiry Officers and final orders in B

Departmental enquiries (from the date of final orders)
Correspondence and office copies of correspondence D

relating to preparation of Paper Books in proceedings
28 before Appellate and Revisional Courts
Other Miscellaneous correspondence (From the date of D

disposal of the subject to which such correspondence
29 relates)
30 Register of Civil Appeals A
31 Register of Miscellaneous Appeal A
(8) The following records shall be destroyed after a period of six years :-
(1) Receipt Books for money deposited in the Mamlatdar's Treasury.

(2) Account Books of postage stamps.
(3) Office copies of contingent Bills and Travelling Allowance Bills.
(4) Miscellaneous reports of Civil Judges to District Judges.
(5) Office copies of monthly, half-yearly and Annual Returns of every description and the original
monthly, half yearly and Annual Returns submitted by the Subordinate Courts to the District Courts.
(6) Officer copies of Returns of unanswered letters.
(7) Post-books (tapal books).
(8) Receipts of registered letters and Money-orders.
(9) Lawyer's applications for leave etc.
(10) Bailiff's process serving and receipt book.
(11) Applications for copies and translations.
(12) Receipt books of documents given to section-writers to copy.
(13) Counterfoils of Court Fees Refund Certificates.
(14) Sine die lists.
(15) The Diary of miscellaneous work.
(16) Receipt books of documents returned to parties.
(17) Muster rolls.
(18) Statements of dead stock articles.
(19) Fee account books kept under rules 4 and 7 (paragraph 488).
(20) Statements relating to the Annual Reports on the administration of Civil Justice.
(21) Audit Notes and objections (not containing instructions for guidances from the date of receipt).
(22) Office copies of replies or explanations to Audit Notes and objections (from the dates of such replies
or explanations).
(23) Letters from Superior Courts calling for reports or explanations and office copies of the reports or
explanations submitted to the Superior Courts (from the date of report or explanation).
(24) Statement, depositions and other records of Departmental enquiries (Other than reports of Enquiry
Officers and final orders). (From the date of final Order).
(25) Correspondence and office copies of correspondence relating to administrative subjects, such as
buildings, accommodation, strength of staff etc. and miscellaneous correspondence, (From the date of
disposal of the subject to which such correspondence relates).
(9) Any other file or document not specially provided for, may be destroyed with the permission of the
District Judge, after such period as he may determine.
(10) Notwithstanding anything contained in the rules above,the District Judge or the Civil Judge, with the
permission of the District Judge, may preserve the papers mentioned in the sub-paragraphs 7 and 8 above
for a longer time than that prescribed above , if in his opinion , it is necessary to do so .
11.Notwithstanding any contained in the rules above, the civil judge with the permission of the District
Judge may destroy the Maharashtra Government Gazettes at the end of 12 years. The destruction of
Maharashtra Government Gazettes notwithstanding anything contained in sub-paragraph (5) would be as
follows -
The Gazettees may be handed over to the local libraries for preservation or other such institutions which,
in the opinion of the Civil Judge concerned, would preserve them. If there are no such institutions, the
Gazettees should be sold as waste paper to the approved dealer and the sale proceeds should be credited
to the Government.
545. (i) The Inspection Notes and replies to the questions are prepared by the District and Sessions Judge
or Inspecting District Judges for being forwarded to the High Court be destroyed after 3 years from the
date of their full compliance by them ;
(ii) Inspection Notes and important correspondence made on the basis of inspection notes which have
entailed administrative representation, departmental enquiry or proceedings may be preserved as
permanent record.
(iii) The answer papers of Departmental Examinations for the current year only shall be preserved ,
provided that no representation or writ petition in respect of any other particular year is pending . Is case
such representation /writ petition is pending the answer papers of such year shall be retained till the
decisions of such pendig represetation /writ petition .
Notification
The Honourable Chief Justice and Judges of the High Court at Bombay in exercise of the powers under
Articles 227 and 235 of the Constitutions of India and all other enabling powers in that regards are hereby
please to direct that the provisions of Civil Mannual are made applicable a mutatis and mutandis to the
Maharshtra State Co-operative Courts and also to maintain the registers as provided in the manual . No.
P.0705of 2003 High Court Appellate Side ,Bombay dt 11/12/2003 M.G.G.Pt. IV.C.,2004 P.51.
------------
CHAPTER XXVIII
SEARCH OR INSPECTION OF RECORDS
A : Disposed of Cases
546. A party or his lawyer may be allowed to take inspection of the record and proceedings of a case, or
of a Book or Register maintained by the Court, on a written application bearing the requisite court fee
stamp and stating precisely the correct number, year and description of the case or the book or register of
which inspection is sought. When such application is made by or on behalf of a person who is not a party
the the proceeding in respect of which inspection is sought, the application shall be accompanied by an
affidavit stating the grounds on which and the purpose for which the inspection is sought.
547. An Inspection Register in the following form shall be maintained in each Court :-
Inspection Register
Serial Number and Number and year of Date of order on Signature of Remarks
date of application proceeding, Record Book of application applicant or his
Register to be inspected 2 lawyer 4
1 3
5
Note : If a lawyer's clerk is authorised by the lawyer to inspect the record, a note that he has been so
authorised should be made in the remarks column of the Inspection Register.
548. A fee of Rs. 1 shall be charged per day for the inspection of a record of any suit or proceeding,
particulars of which shall be entered in the Inspection Register.
Similarly, a fee of 25 Ps. per day shall be charged for inspection of every book or register.
549. All applications for inspection shall be dealt with by the Record Keeper of the Court who may refer
the application to the Judge, if in his opinion, the grounds are insufficient.
550. Inspection fees shall be levied in Court fee stamps which shall be affixed on the application, and
cancelled in the manner provided for in section 42 of the Bombay Court-fees Act, 1959 (Bom. XXXVI of
1959).
551. The inspection of records shall be made at such time and place, and in the presence of such official,
as the District Judge may be general or special order, direct.
552. It shall be the duty of the official supervising the inspection of a record to see that no marks or
alterations are made in it, or papers abstracted therefrom, and that it is returned in its original conditions
when the inspection is over. The official supervising the inspection shall, before allowing inspection of a
record, make a note in the Inspection Register of the torn or damaged condition of any paper, document,
book, or register of which inspection is to be allowed, and see that special care is taken by the applicant in
handling the same.
553. No other person than the applicant, his lawyer or duly recognized agent shall be allowed to inspect
the record or take copies or notes therefrom.
554. A party may be forthwith stopped from proceeding with the inspection, if it comes to the knowledge
of the Record Keeper or the official supervising inspection, that the record is being misused, tampered
with, or not handled properly by the applicant.
555. If the applicant fails to take inspection within a week from the day on which the order for inspection
is passed, the order granting the application shall ordinarily lapse, unless the District Judges directs
otherwise.
556. On an application bearing court fee stamp of 20 ps. the original papers in the record of any civil suit,
appeal or proceeding may be supplied to the parties or their lawyers for the purpose of taking copies
provided that the papers are kept under the control and supervision of an officer of the Court. Not more
than ten documents shall be supplied on any single application.
B : Pending Cases
557. A party or his lawyer may be allowed to take inspection of the record and proceedings of a pending
case on oral or written request made to the Clerk of the Court or official in charge of the record. Such
inspection should be allowed free of charge.
A register should be maintained of cases and documents made available to the lawyers for inspection, in
the following form, as aforesaid.
Register of cases and documents made available to the Advocates and/or parties for inspection, either on
oral or written request.
Serial Date of Date of Nature, number Name and Name and Signature of the Remarks
No. application or of Order and year of the signature of the signature of the person
oral request proceeding, person taking person before receiving back
Record Book or inspection whom the record
Register to be inspection is given for
inspected taken inspection
1 2 3 4 5 6 7 8
558. The instructions contained in the foregoing paragraphs 551 to 554 shall also apply to inspection
referred to in paragraph 557.
(558-A . A fee of Rupees 5 shall be charged per copy for the search and inspection of document on
computer and Rupees 2 per page for print – out for the same.
CHAPTER XXIX
COPIES AND COPYING FEES
559. The following are the rules under which copies of papers may be granted under section 41 of the
Bombay Civil Courts Act, (Act XIV of 1869) :-
(1) A party to any proceeding may, on application on the prescribed Court fee, made to the Court having
the custody of the record, obtain a certified copy of any judgment, order, deposition, memorandum of
evidence, or any document filed in the said proceeding. The application may be made by the party himself
or by his recognised agent or by his pleader or Advocate and may also be sent by post.
The application shall state whether the copy applied for is required for private use or otherwise.
Where a party applies for a certified copy by post other than registered post, the date of its receipt by the
office of the Court would be the date of the presentation of the application. Whenever such application is
made by registered post, the same shall be prepaid for acknowledgment and the date of posting of the
letter would the date of presentation of the application to the Court.
(2) Applications for copies by persons other than parties to the proceeding shall be supported by an
affidavit stating the purpose for which the copies are sought.
(3) On receipt of an application, the office shall immediately scrutinize it with a view to ascertaining the
correct number of the proceeding, names of the parties, description of the document copy of which is
applied for, and whether the document is available for copying.
(4) The office shall estimate the costs of the copies before the copying work is undertaken. The estimate
should, as far as possible, cover all probable costs of the copies.
(5) The applicant shall be called upon to deposit the estimated costs of the copies applied for, and make
up other deficiencies then and there only, if his presence is available in the office. In other cases, the
orders of the Presiding Judge shall be obtained requiring the applicant to supply the deficiencies within a
specified period of time, not exceeding ten days from the receipt of the intimation.
If the applicants faills to furnish the estimated costs or to make of other definciency within one month
form the date of issue of notice, his application for copy shall be filed and the amount due to him, if any ,
should be refunded after deducting money order charge therefrom.
(6) When the description of the document given in the application is incorrect or deficient, and it is, in
consequence, necessary for the Record Keeper to search his records in order to find it, a fee at the rate of
one rupee for each year of which the records are searched, shall be payable by the applicant for such
search, whether the document be found or not, and whether the copy for which he applies, on examination
of the said document, be granted or not.
(7) As soon as the office finds that the application is complete in all respects, it shall be placed before the
Clerk of the Court. The Clerk of the Court shall obtain the orders of the Judge in cases falling under sub-
paragraphs (2), (10) and (11) of this paragraph and in all other cases may himself pass orders granting or
refusing the application.
In case the Judge or the Clerk of the Court refuses to grant the application the grounds of refusal shall be
recorded on the application and such refusal and the grounds thereof shall be communicated to the
applicant in writing.
(8) Copies shall be furnished within 10 days of the presentation or receipt of the application, if the
application is complete on that date, unless further delay is unavoidable in which case the cause shall be
endorsed on the copy. In other cases, the period of 10 days shall be computed from the date on which the
application is completed in all respects.
(9) When a party applies for a copy of an appellate judgment for the purposes of filing a further appeal or
revision he shall be furnished with a copy not only of the judgment but also of the grounds of appeal and
of the cross objections, if any, unless these are incorporated in the judgment itself.
(10) A certified copy of a party only of any document on record, whether exhibited or not, may in the
discretion of the Presiding Judge, be given. No copy, however shall be given of part of judgment.
However, for the purpose of execution, a certified copy of only the last paragraph of the judgment, viz.,
the entire operative order shall be furnished, indicating in the title, the names and addresses of all the
parties to the suit, as provided in Sub-rule (2((b) of rule 6A of Order XX of the Code of Civil Procedure,
subject to the conditions mentioned therein.
In the case of a Roznama, the portion of which copy is given, at the discretion of the Presiding Judge,
must include all the entries of a particular date or dates, accompanied with the heading.
(11) Copies of any document on the record of a proceeding prepared by a party may in the discretion of
the presiding Judge of the Court, be certified as true copies upon an application made in that behalf :
Provided that the copies sought to be certified are typed neatly and on good paper, and the otherwise in
conformity with the instructions laid down in rule 21 hereof; and :
Provided further that the applicant pays the comparing fee herein prescribed for certified copies prepared
in the office.
(12) The following endorsement shall be made on every copy of the document :
(i) The date on which the copy was applied for.

(ii) The date on which the application was completed.
(iii) The date (when the date once given is subsequently changed, the last of such changed dates) given to
the applicant for taking delivery of the copy.
(iv) The date on which the copy was ready for delivery.
(v) The date on which it was delivered or posted.
To prevent unauthorised alterations being made, the date shall be written in letters in distinct handwriting
and the endorsement should be signed by some authorised officer of the Court on the date on which it was
made.
(13) Inclusive of a surcharge of 55 per cent the certified copies shall be charged at the following rates :
(i) A flat rate of Re. 1 and 50 paise for ordinary copy and Rs. 2 and 50 paise for urgent copy shall be
charged per page or per manuscript page of the certified copy inclusive for copying, comparing and paper
cost (irrespective of the fact whether the document is in English or in regional language).
(ii) In case of a copy of map or plan, the charges for copying, comparing and paper cost shall not be less
than Rs. 5 and more than Rs. 25 as the Presiding Officer may determine.
(iii) Certified ordinary copy prepared on Photocopying machines shall be charged at the rate of Re. 1 and
50 paise per page.
(iv) Urgent certified copies prepared on Photocopying Machine shall be charged at the rate of Rs. 2 and
50 paise per page.
(v) Charges for certified copies prepared on Photocopying Machine shall be at the same rates as specified
above, whether the document be in English or in any regional language.
(vi) In case of comparison and certification of private copies prepared on private Photocopying Machine,
the charges shall be Re. 1 and 50 paise per page.
(vii) The Court fee stamps of 50 paise and Re. 1 shall be affixed on application for certified copies for
issue of ordinary and urgent copies respectively.”
13-A-(i) Certified copy prepared on Xerox Machine shall be charged at the rate of R.1and 50 Paise per
page.
(ii) Urgent copy shall be charged one and half times the rate for an ordinary copy prepared on a Xerox
machine.
(iii) Charges for vernacular certified copies prepared on a Xerox machine shall be at the same dates
specified above .
(14) On extra payment of -
(a) a Court fee stamp of 50 paise upon the application ; and
(b) half the copying fee and comparing fee ordinarily charged as prescribed in sub-paragraph (13) above
copies shall be furnished, if possible, within 24 hours, and in any case within 48 hours, provided that the
document of which the copy is sought is in existence and available amongst the records of the Court to
which the application is made. In the case of applications for copies of decrees, if the decree is not signed
by the Judge till the date of the application, the period of 24 hours or 48 hours shall be computed from the
date the decree is signed by the Judge.
In computing the above period of 24 hours and 48 hours, every Sunday and Holiday on which the Court is
closed shall be excluded.
(C) Every Application for urgent certified copies should be registered in the Registrar to be maintained by
the Civil Court in the form prescribed in paragraph 559 (14(d).
The Clerk of the Court or the Nazir should consider the fix the priority of each one of such urgent or
express delivery applications and assign to each of them serial number of priority. The serial number of
priority of each of such applications should be entered in column No. 4 of the Register. Thereafter, the
applications should be disposed of strictly according to the priority fixed by the Clerk of the Court or the
Nazir.
(d) Register of Applications for Express Delivery / Urgent Certified Copies

Serial No. Date of receipt Number of the application Serial Number of To whom sent for
in the copying Register the priority fixed supplying record
1 2 3 4 5
Date on which Date on which Date on which copy Date on which copy Reasons for delay,
sent record received was made ready delivered in any.
6 7 8 9 10
(15) Where different persons apply for certified copies of the same order judgment or document in Civil
Matters, the first person should be supplied the Original copy at the full rate and the other persons carbon
copies which should be legible, dividing the charges equally among them. But if one person applies for
more than one copy, he shall on request, be given carbon copies (in addition to the original copy at the
full rate) upto a maximum of two and should be charged half of the fee prescribed for a single copy with a
minimum of 15 paise.
(16) Court fee should be recovered at the time of furnishing copies and not when the copies are filed in
Courts. Under articles 24, 25 and 27 of Schedule II of the Bombay Court-fee Act XXXVI of 1959, fees
are leviable in respect of copies of the documents specified therein except in cases where Government
has, by a notification under section 46 of the aforesaid Act exempted any document or class of documents
from payment of Court fees. Under clause (7) of Government Notification, Revenue Dapartment, No.
590, dated 16th September 1921, Court fees are remitted in case copies are required for private use by
persons, applying for them.
Before the aforesaid copies of documents are furnished to the parties concerned, a statement should be
obtained from them as to whether the copies are required for private use or otherwise, and if the parties
state that the copies are required for private use then in accordance with the exemption granted by
Government, no Court fee should be levied on such copies. In case the aforesaid copies are produced later
on in any court, then Court fee a required under foregoing provisions should be levied before they are
received.
The copies on which Court fees are not chargeable under the Bombay Court fees Act, 1959, should not be
certified to be true copies unless stamp duty under article 26 Schedule I of the Bombay Stamp Act, 1958,
has been paid before furnishing them. Stamp duty under the Bombay Stamp act will not however be
chargeable on copies on which Court fees are chargeable but which has been remitted by a Notification
under section 46 of the Bombay Court fees Act.
(17) No fee is to be charged for comparing copies under Order VII, rules 14 and 17, and Order XIII, rule
5 of the Civil Procedure Code.
(18) In case the estimated deposit falls short of the charges which would have to be recovered in respect
of the copies, the balance shall be recovered from the parties or lawyer concerned before the copies are
delivered personally to them. In case the applicant applies for such copies by post or where the copies are
required to be sent through the agency of the post, such balance may be recovered by sending copies by
value payable post.
Note : A value payable parcel can only be sent for transmission to Post Office which is also a Money
Order Post Office and the amount to be recovered must not be less than 25 paise.
(19) In cases where the applicant refuses to pay the balance of the amount of the charges due from him or
to accept the V.P.P. The Court shall recover the amount by attachment and sale of the movable property of
the applicant.
(20) In every case where an applicant for certified copies pays a deposit he should be granted a receipt
preferably in Form A of Appendix I at page 70, Volume II.
(21) All copies should be correct, and typed or written in a clear hand with good ink, on stout paper, and
on the outer three quarter margin only if sheets of foolscap paper, the inner one quarter margin of every
sheet being left blank.
If it is not possible to prepare the copies of blue prints of any map or plan, the party producing the map or
plan may be called upon to furnish additional copies of the blue prints which may be certified.
(22) All copies shall be dated, subscribed and sealed in the manner prescribed by section 76 of the Indian
Evidence Act.
The Clerk of the Court is the officer appointed in every Civil Court to certify and deliver copies of all
civil records within the meaning of section 76 of the Indian Evidence Act.
Translation
(23) Translations should be prepared by an Officer of the Court qualified for the purpose, or by a
translator appointed by the Presiding Officer of the Court.
(24) (1) Fees for translating documents from one language into another, should be charged at a uniform
rate of 50 paise for 100 words, but the District Judge may modify the rate for sufficient reasons.
(2) If such translations are made by a person who is not a member of the establishment of the court or by
a member of the establishment of the court outside office hours the fees recovered in respect of such
translations shall be paid to him. No fees shall be payable to a member of the establishment of the court,
if the translations are made by him during office hours, but the fees recovered in respect of such
translations shall be credited to Government.
(25) A surcharge of 55 per cent, shall be levied on translation fees and added to the total charges for the
preparation of certified copies.”
Note : The above amended provisions to come into effect on an from 1st of June, 1992.
560. (1) Notwithstanding anything contained in the foregoing paragraph, where notes of evidence are
taken down on a typewriter to the dictation of the Presiding Officer, ordinary copies of such notes of
evidence may be supplied on request to the parties or their Advocates, subject to the following conditions,
viz :
(i) they give an intimation in writing to the Court in that behalf before recording of the evidence
commences ;
(ii) they supply the stationery required for the purpose; and
(iii) they also pay charges for the copies at the following rates :
In all Civil Courts in the Mofussils In the Bombay City Civil Court, Bombay
When only one party When more parties than When only one party When more parties than
applies one apply to be shared applies one apply to be shared
equally by all equally by all
10 Paise per folio of 100 15 Paise per folio of 100 15 Paise per folio of 100 20 Paise per folio of 100
words words words words
(2) Notwithstanding anything contained in sub-paragraph (1) no charges as prescribed in condition (iii) of
that sub-paragraph shall be payable by -
(a) the Government of Maharashtra or a servant of the Government of Maharashtra whose defence has
been undertaken by the Government of Maharashtra.
(b) persons who have been given legal assistance at the cost of the Government of Maharashtra under any
of its schemes for legal assistance;
(c) persons who are permitted to sue or defend in forms pauperis.
(d) the Supreme Court Legal Aid Committee, the High Court Legal Aid Committee or the District Legal
Aid and Advice Committee giving free legal aid to indigent persons.
(3) The charges so collected shall be appropriated by the stenographer or the typist who prepares the
copies. He shall not use Government stationery for such copies.
Note : The aforesaid provisions shall mutatis mutandis apply to the copy of the judgment to be supplied
under order XX Rule 68 of the Code of Civil Procedure, 1908, after it is signed by the Presiding Officer.
Supplementary rules and form regarding copying and translation fees

for the guidance of all District and subordinate and Small Causes Courts.
561. (1) Applications for copies with deposits should be received by the Record Keeper, but if the record
from which the copy is required is in the Court and not in the Record Room the application will be passed
on by him to the Sheristedar or other officer appointed by the Judge, after he has entered it in the Register
of Applications and has entered the fee in the Daily Fee Book as provided in rules 3 and 4.
(2) On the day when the application is made for certified copies the Record Keeper should make an
estimate as to when the copy is likely to be ready and give the applicant the date on which he should
appear for receiving the copy. A note of this should be made on the application and the applicant should
sign the application in token of having received the intimation. If the copies are not ready on the date
fixed the applicant should be informed by post or otherwise of the new date on which he can take delivery
of the copies. If the application is received by post, intimation of the date may be given by post.
(3) Each application should be initialled and endorsed by the Record keeper with the date of presentation
and the amount of deposit. It should then be entered in the Register of applications for copies (Form at
page 202) which should be kept in the Record Keeper's Office. Applications for copies should be filed
separately in consecutive series after they are disposed of.
(4) The Deposit Fee and Refund of Fee should at once be entered in the Record Keeper's Daily Book,
which should be kept in the following form :
Daily Fee Book
Receipts Expenditure
Month and Serial No. in the Amount Serial No. in the Register Amount refunded
Date Register of applications of application for copies
for copies in which refund is paid
1 2 3 4 5
(5) Deficit amount, if any, when received subsequently, after issuing the necessary receipts, the
application for copies should be endorsed with necessary note to that fact and an entry should be taken in
the Daily Fee Book immediately.
(6) At the close of the day, the Record Keeper should take the endorsed applications and applications on
which refunds were made and the balance of the amount together with the Daily Fee Book to the Nazir
and handover the balance of amount to him and take Nazir's signature on the Daily Fee Book. The Nazir
should compare the endorsements on the applications and acknowledgments of refund with the entries in
the Daily Fee Book before signing it.
(7) The Nazir should keep a Deposit Fee Account containing the following columns :
(a) Balance at the close of the month.
Receipts
(b) Amount deposited during the month as per Daily Fee Book.
(c) Total of Columns (a) and (b).
Disbursement
(d) Copying and other fees as per abstract to be credited to Government.

(e) Amount refunded to depositors.
(f) Comparing and other fees to be credited to Government.
(g) Cost of paper to be credited to Government.
(h) Copying fee remitted to the Court in which the copy is made.
(i) Total of columns (d) to (h).
(j) Balance at the close of the month.
Total of columns (i) and (j) should agree with column (c)
(8) The amount of the Daily Fee Receipts taken from the Daily Fee Book should be credited daily on the
receipt side of the Nazir's Cash Book I, and all sums sent to the Treasury debited in the same book on the
debit side. In the same manner all sums withdrawn from the treasury should be credited in the Cash Book
I and payments debited in that book. The remittances to the treasury should pass through Register (C) of
deposits and withdrawal through Register (D). The payments into the treasury should be supported by the
Treasury Officer's acknowledgment in the Court's Book and refunds to applicants by their
acknowledgments in column 16 of the Register of Applications for Copies.
(9) The Deposit Fee Account should be closed by Nazir monthly, the total of the receipts in the Fee Book
being entered in column (b) of the account which with the Fee Book, the Pass Book and the Abstract for
payment should be placed before the judge for scrutiny and signature.
(10) The above rules and forms apply mutatis mutandis to translation fees.
(11) The duties of the Record Keeper referred to in the above Rules shall be performed in the subordinate
Court by the Clerk of the Court.
Register of Applications for Copies and Translations in the Court of for the year 19...
No of Date of Name of No. and year of Amount of Amount of

application application applicant case from which estimated fees deficit, if
the copy or deposited and any, and
translation is date of date of
required deposit receipt
1 2 3 4 5 6
Amount Name of copyist Date of Date given Date of delivery Amount due
recovered by or translator completion of for taking of copy or for copying
VPP., and date copy or copy translation or fee
of recovery translation dispatch by VPP
7 8 9 10 11 12
Amount due for Amount due for Amount of Amount due for Amount, if Signature of
comparing fee translation fee Paper Cost postage in case of any, refunded applicant for
fees recoverable receipt of copies
by VPP and refund if any,
or No. and date
of Money Order
and VPP
13 14 15 16 17 18
Amount paid to Signature of Amount credited to No. and date of Remarks

translators. translators Government Treasury receipt
19 20 21 22 23
CHAPTER XXX
JUDICIAL OFFICERS
Dress
562. All the Judicial Officers, viz. Judges of the City Civil Court, Bombay, District, Joint District and
Additional District Judges, Judges of the Court of Small Causes, Bombay and Civil Judges, Senior or
Junior Divisions, shall were Advocate's gown and white bands in addition to the Black Coat.
Administrative Work
563. (1) All Judicial Officers must pay adequate attention to administrative work which is not less
important than judicial work. They must make themeselves fully familiar with the work done in their
offices and see that all registers, diaries and other books are properly maintained. They should
periodically go round the office and exercise effective supervision over the work of their staff. They
should see that all books, records, forms and stationery are properly kept. It is also their duty to see that
the Court
building and their compounds are always kept neat and tidy.
(2) It is necessary that the Additional District Judges should have some experience of administrative work
and that, therefore, they should receive training in administrative matters. They should, therefore, be put
in-charge of some departments, which should be changed periodically so that every Additional District
Judge gets experience of all the departments.
Regular Leave
564. All the applications for leave by District, Joint District and Additional District Judges shall be made
to the High Court. The District Judge on being required by the High Court will certify, in each case,
whether the applicant is entitled to the leave applied for.
565. Applications for leave by other Judges shall be made to the High Court through the District Judge
and the Accountant General, who will certify in each case whether the applicant is entitled to the leave
applied for :
Provided that the District Judge may sanction leave for a period not exceeding 2 months if no locum
tenens is required.
566. All applications for leave shall be made as long as may be possible in advance of the date on which
the leave is to commence in order to enable orders on them being made in time.
Casual Leave
567. A District or a Joint District Judge need not apply to the High Court for casual leave. But he should
submit a report to the High Court as soon as he returns to duty from such leave giving reasons for his
taking leave and its duration. A Joint District Judge should inform his District Judge of his intended
absence on such leave and the reasons therefor so as to enable the District Judge to make suitable
arrangements for the disposal of urgent work during his absence.
If, however, a District or a Joint District Judge has to leave his headquarters during his casual leave, he
should immediately give intimation about it to the High Court.
568. When an Additional District Judge, a Judge of the Court of Small Causes or a Civil Judge wants to
take casual leave, he should apply to his District Judge and get it sanctioned by him before he proceeds on
such leave, unless for reasons beyond his control he cannot do so. In the latter case, he should obtain such
sanction as soon thereafter as may be possible.
If, however, he has to leave his headquarters during his casual leave, he must obtain the previous
permission of his District Judge for doing so. But if for any unforeseen reasons or for reasons beyond his
control, he is required all of a sudden to leave his headquarters during the period of his casual leave, he
should immediately inform his District Judge and mention the reasons which necessitated his leaving
headquarters without prior permission.
Transfers etc.
569. (i) In the case of transfer of a Civil Judge ordered to take effect from the end of a Vacation, a Judge
so transferred may hand over charge to and leave his charge report duly signed by him with his clerk of
the Court, who will place it before the successor Judge on his arrival. The successor Judge shall complete
the charge report and forward it to the Accountant General, Bombay, and a copy of it to the High Court.
(ii) As far as possible, a Judge, when transferred during a Vacation, should assume charge of his new
Court on the opening day of his Court, after the vacation.
(iii) In the cases of transfers of Civil Judges made otherwise than during a vacation, the District Judge of
Judges concerned should make such arrangements about giving and taking over charge as may cause least
inconvenience.
570. A Judge shall not proceed on leave until he is relieved by his successor, provided that the District
Judge may, for sufficient reasons, and when he is satisfied that no inconvenience will be caused thereby,
permit a Judge to leave his station before the arrival of his successor.
571. Every Judge shall immediately report to the High Court the date on which he takes charge of a
Court, whether on joining service, transfer, deputation, return from deputation or return from leave, other
than casual leave.
572. A District Judge may hand over charge by letter after obtaining the sanction of the High Court under
rule 29 of the Bombay Civil Services Rules.
573. Whenever a District Judge, Joint District Judge, Additional District Judge, or Small Cause Court
Judge leaves the station at which his Court is ordinarily held, on duty, except for the purpose of holding
Court at another station, a report is to be sent to the High Court and another on his return.
Confidential Reports
574. (I) Each District Judge shall report confidentially on Judicial Officers working under him :-
(1) On March 31st each year, on all Judicial Officers then working under him.
(2) On his own retirement or transfer from a District, on all Judicial Officers then working in his District.
(3) On the transfer of any Judicial Officer serving under him on that Officer :
Provided that no report may be sent no March 31 st in respect of any of Judicial Officer or on the transfer
of the District Judge, if the District Judge has already reported about him within the previous six months.
(II) These Confidential reports should be sent in the case of Additional District Judges to the Senior
Administrative Judge (by name), and in the case of other Judicial Officers to the Registrar (by name).
(III)(1) Each District Judge should report confidentially on all the Judicial Officers working under him for
three months or longer.
(2) As far as possible the report should be written in handwriting. In case the report is got typed, the
necessary precaution as regards secrecy should be taken.
(3) The report should be signed in full and dated. The name and designation should also be typed or
written legibly below the signatures.
(4) The report should be written in the prescribed form.
(5) A confidential report should not be vague or contain seanty remarks such as “good”, “fair”, or “poor”.
It should be a considered opinion founded on a knowledge of the Judicial Officer and his work, the
methods and practices followed by him and conduct and behaviour inside and outside Court. It should be
based not merely on cases which have come up in appeal but also on a scrutiny of cases and proceedings
which have not come in appeal. The report should be frank and outspoken and should be such as will be
of real assistance to the High Court in deciding questions relating to promotion of Judicial Officers and
their suitability for appointment to particular posts. No remarks should be offered about the judgments
and judicial qualities of the Additional District Judges.
(6) The report should be a true, positive and objective assessment of the ability and character as reflected
in his work during the period covered by the report. Ephemeral rolls should be maintained in order to take
appropriate entries therein whenever anything noteworthy is noticed about the character or work, with a
brief note of the evidence or a brief reference to the relevant case which can be transferred to the yearly
report in brief or full or dropped altogether if thought fit.
Remarks regarding Officer's suitability for promotion to higher rank should be included in the report as
soon as on estimation of the general ability and character is formed.
(7) The defects, if any, noted or strictures, if any, passed during the period under report, should be
mentioned in order to give correct picture of the work and character.
(8) When reference is made to a suspicion, or allegation against an officer, an indication of the nature of
the facts or the reports on which they are based should be mentioned.
(IV) Adverse remarks, if any, will be communicated to the Judicial Officers concerned on the directions
of Their Lordships by the Registrar, They should not be communicated by the District Judge himself.
General Provisions
575. (1) In puruance of sub-rule (1) of rule 19 of the Maharashtra Civil Services (Conduct) Rules, 1979,
read with Note (3) thereto, every Government servant who is in service on 20 th November 1980 shall
submit a return of assets and liabilities on his first appointment after the date of issue of Government
Resolution, G.A.D. No. GDR. 1079/ 2059/228/XI, dated 20th November 1980 regarding the assets and
liabilities in the forms given in the Schedule of the said Resolution.
(2) The first return shall be as on the date of such appointment and shall be submitted within three months
from that date and every such return, after the first, shall be submitted as on, and by the date specified in
Clause (c) in respect of returns after the first return, provided that if the interval between the date of
submission of the first return and the date on which a subsequent return is due is less than six months the
latter return need not be submitted.
(3) Every Government servant shall submit such returns, after the first, at an interval of five years as on
the 31st day of December of the year 1985, 1990 and so on, on or before the 31 st day of March of the year
immediately following the year to which the return relates.
(4) Attention of the Judges and Magistrates is invited to the provision of section 9 of the Foreign
Contribution (Regulation) Act, 1976, according to which they are prohibited from accepting any foreign
hospitality, except with the prior permission of the Central Government, which can be obtained after
filling in the prescribed Form FC-2 (Vide Government of India Circular letter, Ministry of Home Affairs,
No.II/21022/14(8)/ 78-FCRA-I, dated 19th October 1978, forwarded to the District and sessions Judges
with High Court endorsement No.P. 0102/74, dated the 22nd December 1978).
576. Whenever a Civil Judge is appointed for the first time, the District Judge should ascertain and report
to the High Court (1) his place of birth, (2) his mother- tongue, (3) his home-town or Village and (4) the
Court or Courts in which he practised.
CHAPTER XXXI
ESTABLISHMENT
Appointments
577. (i) The appointments to all posts in the Classes III and IV of the Subordinate Judicial Service in the
Civil Courts in each District shall be made by the District Judge from the lists of candidates selected by
the Advisory Committee formed for the purpose in each District.
(ii) An Advisory committee should be formed in each District to assist the District Judge, in making
appointments to Class III and Class IV services in the Judicial Department, Such Committee should
consist of the District Judge, the Joint District Judge, the Additional District Judge, the Chief Judicial
Magistrate an the Civil Judge, Senior Division.
In a District, where there is no Joint District Judge, the Advisory Committee should consists of the
aforesaid Judges excluding the Joint District Judge.
(iii) The rules for the recruitment of candidates to Class III and Class IV services in Subordinate Judicial
Service are contained in the Appendix attached to Government Resolution, Home Department,
No.Misc.1055/62546-III, dated 26th December 1957, as amended by Government Resolution, Law and
Judiciary Department, No.DCE. 5265/3643-J, dated the 22nd February 1971. These Recruitment Rules are
included in Appendix À' at the end of this Chapter.
578. The bailiffs are concerned with service of various kinds of Writs and processes etc., at distant places
and are, therefore, required to travel over wide areas of extensively. Therefore, while selecting candidates
for appointment as bailiffs, the selection should be made particularly with reference to the following
aspects of personality :-
(i) He should possess the minimum educational qualification of not lower than a pass in the examination
of Standard VIIth ;
(ii) He should be physically fit, mentally alert and energetic ;
(iii) He should be intelligent and matured in understanding and behaviour ;
(iv) He should have sense of good behaviour and initiative so as to complete the procedural formalities in
performance of his duties in the shortest possible period or particularly within a specified time.
No one should, therefore, be selected who is lacking in any of these qualities.

Promotion
579. (a) The District Judge shall maintain a separate Confidential File in respect of each Class III Servant
on the establishment of his district. This file should contain a compilation of the Confidential Reports
concerning such member made and completed in accordance with the provisions contained in Paragraph
584 below.
(b) The District Jduge shall also maintain a Confidential Register for all Class IV servants on the
establishment of his district in the form set out herein below and in the manner indicated in sub paragraph
(c) below :-
FORM OF CONFIDENTIAL REPORT FOR CLASS IV

GOVERNMENT SERVANTS
Full Name .. .. ..
Father's Name .. .. ..
Date of birth .. .. ..
Place of birth (Village/Town/Taluka/District ..
Nationality and Religion .. .. ..
Whether belongs to Scheduled Castes/Scheduled
Tribes/Other Backward Classes ?
Home of Family .. .. ..
Permanent Address .. .. ..
Whether any immovable property held ? ..
If so, what and where ? .. .. ..
Date of joining Government service .. ..
If service is not continuous, details of previous ..
Government service
Mother tongue .. .. ..
Languages known .. .. ..
Educational Qualifications Examination. Year.
PART II
Estimate of general ability and character
Name .. .. ..
Period of report .. .. ..
Post or posts held .. .. ..
(1) Physical Fitness .. .. ..
(2) General intelligence .. .. ..
(3) Technical ability (where relevant) .. ..
(4) Integrity and character .. ..
(5) Special aptitude .. .. ..
(6) Obedience .. .. ..
(7) Punctuality .. .. ..
(8) Penalties/Awards, if any .. ..
(9) Fitness for promotions .. ..
General Assessment .. .. ..
Date : Signature, Name and Designation

Place : of the Reviewing Officer.
PART III
(1) Length of service under Reviewing Officer.
(2) Do you agree with the Reporting Officer or

Do you wish to modify or add to his assessment ?
Date : Signature, Name and Designation

Place : of the Reviewing Officer.
(c) The names of Class IV servants required to be mentioned in column (2) of the Confidential Register
should be arranged cadrewise, each cadre being separately and in order of seniority. The remarks in the
said Register should be entered by the District Judge himself or an Additional District Judge, or Civil
Judge, Senior Divisions, named by the District Judge for the said purpose on the basis of the reports
received from the Judicial Officers under whom the Class IV servants may have been working. Such
remarks should be entered in the said Register every year in the month of April.
580. In the matter of promotions and confirmations, the District Judge should take into consideration the
following principles :-
(i) All clerks who pass the Lower Standard Departmental Examination should be confirmed immediately
in the existing vacancies. Such confirmations should not be deferred till the passing of the said
examination by their seniors.
(Vide High Court Circular No.B-10135/50, dated the 5th December 1950)
(ii)(a) Whenever vacancies to be filled by promotion are available, the District Judge shall consider for
promotion thrice the number of eligible employees according to their seniority.
(b) The District Judge may, if, for reasons to be recorded in writing, he considers it to be so desirable,
appoint a Committee to subject the employees within the Zone of consideration to an appropriate test, and
may also consider the result of such test.
(c) While selecting an employee for promotion, the District Judge shall take into consideration :-
(i) The entire service record, and more particularly annual confidential reports for the previous 5 years;
(ii) Leave and punctuality record for the previous 5 years;
(iii) Special reports called from the officers under whom the employees within zone of consideration are
currently working;
(iv) Nature of duties of the promotional post vis-a-vis the abilities of employees within zone of
consideration.
(d) In case promotion are not made according to seniority, a minute indicating reasons for selection shall
be recorded by the District Judges.
The seniority of Senior Clerks should be determined from the date of their appointment to the post i.e.
The Senior Clerk and not reference to seniority in the cadre of Junior Clerk.
(iii) If a clerk who is junior in service has passed the Lower Standard Departmental Examination before a
clerk who is senior in service, the clerk junior in service should be confirmed, if there is a permanent
vacancy, in preference to the clerk senior in service who has not passed the examination.
581. The District Judge shall maintain separate Gradation Lists in the form set out herein below for each
cadre of Class III and Class IV servants on the establishment of his district showing the position on the
Gradation List of the various members on the establishment as on the 1st of April in order of seniority, and
revise such lists every year in the month of April. As soon as such revision is completed, typed copies of
such revised lists shall be circulated for information to all the members of the staff concerned in the
district, and written acknowledgments of the list having been circulated to the members of the staff
concerned shall be obtained from them and preserved in the office;
Form of Gradation List
Serial Name Educational qualifications, Date of Date of entry into

No. departmental and ad-hoc birth Government
examinations passed and Service
other special qualifications
1 2 3 4 5
Date of Date of Pay on 1st April Due date of next Remarks

continuous Confirmation in of the year increment
Officiation the post concerned
in the post
6 7 8 9 10
582. The duplicates of Service Books and Service Rolls should be supplied to all members of Class III
and Class IV services free of charge.
583. District Judge shall invariably consult the Judicial Officer under whom the employee is working in
the matters concerning the promotion of members of the establishment and Judicial Officers should be
encouraged to write frankly as to the fitness, or otherwise for promotion of any members of their
establishment. Or any case of special merit.
584. (a) The Additional District Judge, a Civil Judge or a Judicial Magistrate should report to the District
Judge, confidentially upon Class III and Class IV servants working under him, on or before the 31 st of
March, each year, or on his own transfer or on the transfer of such servant (unless he has already
submitted his report within the previous three months). The Confidential Reports concerning Class III
servants should be in the form prescribed by Government in the schedule attached to the Government
Resolution, Political and Services Department, No. CFR. 1256, dated the 15 th October 1956 or such other
form as the Government may hereafter prescribe for the said purpose with the approval of the High Court.
The Confidential Reports concerning Class IV servants should be made in the form set out in paragraph
595 above, or in the form, if any, which Government may hereafter prescribe for the said purpose with the
approval of the High Court. While reporting about Class III servants, the reporting Officer should also
bear in mind the instructions contained in the aforesaid Government Resolution as modified from time to
time or any instructions which Government may hereafter issue in that behalf.
(b) In respect of Class III and Class IV servants working in the District Court, the District Judge should
himself write the Confidential Reports referred to in sub-paragraph (a) above.
(c) The District Judge may add on the confidential reports received by him from the Additional District
Judges, Civil Judges and Judicial Magistrates his own remarks from observations made by him
personally.
(d) Adverse or favourable remarks, if any, should be communicated by the District Judge to the persons
concerned, either orally or in writing, in accordance with the directions and principles laid down in
Government Resolution, General Administration Department, No. CFR 1261-D, dated 8 th January 1962
or in accordance with the directions or principles which Government may hereafter lay down, unless the
Additional District Judge, the Civil Judge or the Judicial Magistrate concerned intimates that he has
already communicated such remarks to the person concerned.
(e) The District Judge or the Additional District Judge or a Civil Judge or a Judicial Magistrate, shall also
maintain an ephemeral roll for each Class III servant working under him in the form and for the purpose
laid down in Government Circular, Political and Services Department, No. CFR. 1256-D, dated the 4 th
April 1957.
(f) Testimonials should not be given to any members of the establishment except-
(i) When such person has applied for a post elsewhere and his confidential reports cannot be supplied to
the appointing authority, or
(ii) When he is retiring from service.
585. Section 9 of the Bombay Civil Courts Act, XIV of 1869, provides that the District Judge shall have
general control over the establishments of all the Courts in his district. The District Judge has general
Control, while the Small Causes Court Judge, Civil Judge and Judicial Magistrate have direct control over
the establishments of their own Courts.
586. The Judge is responsible for the distribution of duties amongst the various members of the
establishment and for enabling each member of his establishment to receive proper instruction in the
duties he has to perform. He may do this through the agency of the Clerk of the Court and the Nazir but
he must satisfy himself that it is properly done.
587. Every District Judge, Civil Judge and Judge of a Court of Small Causes in the mofussil must insist
on the punctual attendance in office of all members of the establishment at the proper office hours and on
the prompt and regular dispatch of all official business by the member concerned.
588. Civil Judge should bear in mind that administrative work is no less important than judicial work. It is
the duty of a Civil Judge to see that every office register, diary or book is regularly kept and every official
paper is kept in its proper place. It is also a part of his duty to make proper arrangements for due
preservation of all Government books and records entrusted to his care. He may, however, with the
sanction of the District Judge, sell or destroy absolute books and those which are of no use.
Punishment
589. (a) The Maharashtra Civil Services (Discipline and Appeal) Rules, 1979, shall apply to all the
members of Class III and IV Services of the Subordinate Judicial Service.
(b) In cases governed by the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979, a Civil
Judge may impose-
(i) any penalty specified in Rule 5 of the said rules upon members of Class IV service in his Court, and
(ii) any penalty other than dismissal or removal from service, specified in rule 5 of the said rules upon
members of Class III service in this Court.
Leave and Transfer

590. Casual leave and other leave when substitutes have not to be provided may be granted by Civil
Judges to the members of their establishments.
591. Every member of the staff belonging to Class III establishment of the District is liable to be
transferred after he has served at one place for 5 years.
Having regard to the rising number of women employees in the Subordinate Courts, of late the question
of their transfers in the wake of general transfers of the staff, has become more acute. As such, subject to
the sole criterion of the Administrative convenience, in case of transfer of women employees, as far as
possible, they should not be posted to inconvenient or far off stations, in view of the hazards of in security
to which they may be subjected in case of remote or inconvenient places, separated from their family
members or relatives.
Duties of the Establishment and Distribution of Work
592. Many of the matters to be done by the Court can be delegated by the Judge to a subordinate officer.
Under the Code, certain matters can be done only by an officer appointed for the purpose but there are
others which are to be done only by a subordinate.
593. The general provision as to delegation in this State is contained in section 40 of Act XIV of 1869
which runs as follows :-
“There may be appointed to any Civil Court under this Act a Clerk of the Court, who, in addition to such
duties as may from time to time be prescribed by the High Court, may receive and register plaints, and
shall refer such as he may consider should be refused for the orders of the Judge of the Court, and may
sign all processes, and authenticate copies of papers.”
594. The Code itself provides explicitly or impliedly that the Court may appoint an officer,-
(1) to receive plaints (Order IV, rule 1),

(2) to register plaints (Order IV, rule 2),
(3) to sign summonses to defendants and witnesses (Order, V, rule 1 and (3) and rule 10),
(4) to serve summonses (Order V, rule 9),
(5) to sign letters substituted for summonses (Order V, rule 30),
(6) to satisfy himself as to the correctness of copies produced and mark the original documents for the
purpose of indentification (Order VII, rule 17),
(7) to receive applications for summonses to witnesses (Order XVI, rule 1),
(8) to receive applications for execution (Order XXI, rule 10),
(9) to sign process for execution (Order XXI, rule 24),
(10) to conduct sales (Order XXI, rule 65),
The Code also provides by rule 9(4) of Order VII, that the chief ministerial officer of the Court shall
satisfy himself as to the correctness of and sign the following papers :-
(i) List of documents produced along with the plaint.

(ii) Copies of the plaint.
(iii) Concise statements.
595. The old rule framed by the High Court under section 40 of Act, XIV of 1969 is as follows :-
“In addition to the duties set forth in section 40 of Act XIV of 1869 the Judge, of a District or subordinate
Court may authorize the Clerk of his Court to `perform all or any of the following duties, namely :-
(a) authenticate translations,
(b) sign receipts for papers received in the Court,
(c) have charge of and affix the seal of the Court,
(d) sign registers and books of proceedings and notices on the notice board,
(e) receive and register all applications and papers accompanying them, being bound to refer such as he
considers should be refused or amended for the orders of the Judge.
(f) receive and dispose of all merely formal applications which are presented in due time, and must prima
facie be granted as a matter of course : e.g. Applications for adjournment made on the ground that the
summons was not served on defendant or that service must be proved, or that a notice may be served on
the legal representative of a deceased defendant or a guardian ad litem of minor defendant, or with
consent of both sides that a compromise may be effected,
(g) receive written statements under order VIII, rule 1, of the Civil Procedure Code.
(h) in the temporary absence of the Judge, adjourn proceedings, make orders for the re-attendance of
witnesses and take bail, from an apprehended witness under Order XVI, rule 18, of the Civil Procedure
Code and from judgment-debtors arrested under Order XXI, rule 38.
In addition to the above duties, the Clerk of the Court may in a District Court,-
(i) receive and register appeals and papers accompanying them,

(ii) sign Roznamas,
(iii) sign `by order' and after taking the order of the Judge, correspond with the Civil Judges relating to
leave of absence, establishment, pay and allowances, contingent bills, periodical returns or statements,
budget estimates, and similar matters of administration.
(iv) exercise a general control over the Record Keeper, in providing for the proper sorting and destruction
of records, in accordance with the rules in force regarding the permanent or temporary preservation of
such records.
Nothing in section 40 of the Bombay Civil Courts Act or in the above rules should be construed to affect
the power of the presiding officer of each Court under order IV, rule 1; order VII, rule 17; Order V, rule 1,
10 and 30(1); Order XVI, rule 1; and order XXI, rule 10 and 24, of the Civil Procedure Code to appoint
an officer who need not be the Clerk of the Court, for the duties mentioned in the said rules as capable of
delegation to an officer appointed in that behalf.”
The above rule is still in force so far as it is consistent with the Code, and it should be followed.
In the temporary absence of the Clerk of the Court, a Civil Judge may appoint a senior clerk to
authenticate copies and translations “for the Clerk of the Court.”
596. In addition to the duties mentioned in paragraph 595 a District Judge may delegate or assign to his
Clerk of the Court all or any of the following duties on being satisfied that the said Clerk of the Court is
competent to discharge the same.
I. Quasi-Judicial
(i) Determining the nature of summons to be issued under order V, rule 5, Civil procedure Code.
(ii) Receiving documents produced by parties on the day fixed for the first hearing under Order XIII, rule
1 (2) Civil Procedure Code.
(iii) Requiring the return of documents and substituting certified copies in their places under Order XIII,
rule 9, Civil Procedure Code.
(iv) Calling for records on the application of parties under Order XIII, rule 10(1), Civil Procedure Code.
(v) Calling upon the applicant-judgment-creditor to produce a certified copy of the decree when it is not
already produced with the darkhast under Order XXI, rule 11(3), Civil Procedure Code.
(vi) issuing a certificate when the Court authorizes a judgment-debtor to raise the decretal amount by sale
of the attached property under Order XXI, rule 83(2), Civil Procedure Code.
II. Non-judicial
(i) Calling upon the parties to deposit money to cover expenses of witnesses under order XVI, rule 4 (1),
Civil Procedure Code.
(ii) Furnishing certified copies of judgments and decrees under Order XX, rule 20, Civil Procedure Code.
(iii) Issuing a sale certificate to purchaser under Order XXI, rule 94, Civil Procedure Code.
Other Non-judicial or Administrative Duties.
(i) Calling for reports and accounts from the private guardians.
(ii) Assisting the District Judge in the inspection of lower Courts.
(iii) To perform such duties and exercise such powers in relation to the appointment and transfer of the
members of the District Judge's establishment as the District Judge may by general or special order
determine.
(iv) Supervision over the establishment, clerical as well as menial, under the District Judge.
(v) Arranging the board, fixing the appeals, etc., for hearing.
(vi) Returning of original documents, etc., produced by the parties in Court whenever they apply for their
return.
597. In addition to the powers conferred and duties imposed under the Provincial Small Cause Courts Act,
1887, and also in addition to the duties of the Clerk of the Court of the District Judge and Civil Judge, the
Registrar of the Court of Small Causes may perform the following duties :-
(1) Issuing processes on changed addresses.

(2) Passing orders regarding payments of amounts deposited in the Court in decided proceedings.
(3) Passing orders regarding payments of amounts deposited in the Court in pending proceedings when
the party depositing the amounts consents to the payment being made.
(4) Signing refund certificates.
(5) Revalidating refund orders.
(6) Carrying on routine correspondence with officers below the rank of a District Judge.
(7) Authenticating amendments in the register of suits.
598. All registers, processes, etc., should be legibly and neatly written. Corrections in words or figures
should not be written over the original but above it, the incorrect words or figures being cancelled by a
line drawn neatly through it and initialled by the officer making the corrections.
599. Files should be maintained and indexed. Dead stock register should be maintained and verified
according to the standing orders on the subject.
600. There should ordinarily be two superior officers in each subordinate Court, a Clerk of the Court and
a Nazir. The clerk of the Court shall be the chief ministerial officer of the Court for the purpose of Court
work, and the Nazir the chief ministerial officer for the purpose of execution work, service of processes
and accounts. Both should be experienced and intelligent men thoroughly acquainted with the Civil
Procedure Code, the Bombay Civil Courts Act, the Bombay Court-fees Act, the suits Valuation Act, the
orders and circulars of the High Court and the relevant orders and Circulars of Government. They should
be capable of performing accurately and intelligently the duties described in this Manual in regard to the
examination of plaints, the drawing up of decrees, the examination of applications for execution and the
scrutiny of the work of bailiffs or other officers of the Court engaged in execution work. The clerk in
charge of accounts and establishment of each Court must have sufficient knowledge of the Civil Service
Regulations and Civil Account Code deal with leave applications, pension cases, service books of the
members of the establishment and other matters requiring an understanding of the orders of Government.
601. There should also be a Record Keeper of the District Court who should be a man of intelligence and
be familiar with the Code of Civil Procedure, the Bombay Civil Courts Act, the Bombay Court-fees Act,
the orders of High Court and the relevant orders of Government.
602. The Nazirs of District Courts, Small Causes Courts and subordinate Courts the Registrars of Small
Causes Courts, the Record Keepers of the above Courts, clerks and bailiffs in the offices of the Nazirs,
clerks in charge of the library, and all members of the establishment who have to handle Government
money shall furnish security for the prescribed amount and in the prescribed manner. If any securities
have been deposited, such securities and the security bonds shall be forwarded for safe custody to the
Treasury Officer at the headquarters of the District Court and it shall be the duty of the Clerk of the Court,
District Court in each District to satisfy himself that the security or security bonds furnished by all
concerned officers within the District are forwarded for safe custody to the District Treasury and to report
to the District Judge about such verification. No practising lawyer shall be accepted as surety.
Note :- (i) The following amounts of security to be taken from different officers are prescribed under High Court (Confidential)
letter No. A(Cri.) 1067/76, dated the 30 th November 1977. While actually accepting the amount of security from any officer,
the change, if any, therein should be verified from the relevant record in that behalf and the latest amount of security prescribed
should alone be accepted.
Name of the Court Designation of the post Prescribed amount of

security to be taken
now
Rs.
1. District Court (1) Nazir 10,000
(2) Deuty Nazir 4,000
(3) Asst. to Nazir or Clerk to Nazir 1,000
(4) Record Keeper 4,000
(5) Senior Clerk 4,000
(6) Accounts Clerk 4,000
(7) Junior Clerk, doing the work of Library or incharge 1,000
of postage stamps, incharge of stationery, incharge of
muddemal or incharge of Government money dealing
with monetary transactions.
(8) Section-Writers dealing the copying fees 1,000
(9) Bailiff 300
2. Additional District (1) Clerk of the Court 4,000

Judge's
(2) Nazir 4,000
Name of the Court Designation of the post Prescribed amount of
security to be taken
now
(3) Junior Clerk incharge of Government Money or 1,000

muddemal or library or postage stamps etc.
3. Civil Court, Senior (1) Nazir 10,000

Division
(2) Clerk to Nazir 1,000
(3) Accounts Clerk 1,000
(4) Junior Clerk dealing with Government money or
muddemal or Library book or Stationery or postage
stamps etc. 1,000
(5) Section-Writers dealing with copying fees 1,000
(6) Bailiff 300
4. Small Cause Court (1) Nazir 10,000

(2) Junior Clerk to Nazir 1,000
(3) Registrar 4,000
5. Chief Judicial (1) Senior Clerk 4,000

Magistrate's Court
(2) Junior Clerk dealing with Government money, 1,000
postage stamps, stationery or library books etc.
6. Civil Court, Junior (1) Nazir 4,000

Division
(2) Clerk of the Court 4,000
(3) Nazir's Assistant 1,000
(4) Senior Clerk 4,000
muddemal or postage stamps or stationery or library
books etc. 1,000
(6) Bailiff 300
7. Judicial Magistrate, (1) Senior Clerk 4,000

F.C.
muddemal or postage stamps or stationery or library
books etc. 1,000
Note :- (ii) One surety would suffice in the case of clerks and bailiffs in the offices of Nazirs of District Courts and subordinate
Court. (Vide Government Resolution, Home Department, No. 1229/2, dated the 16th October 1929).
Note :- (iii) No surety is necessary if sufficient cash or other securities are deposited.
Note :- (iv) No fresh bond is necessary on transfer to another post or place in the same district unless the new post requires
higher security.
Note :- (v) If the position of the sureties deteriorates or their solvency to meet the obligations becomes doubtful, then a fresh
surety bond should be taken.
603. Every Court shall maintain a list containing the names of sureties and their address in respect of the
members of their establishment and shall make due inquiries about the solvency etc., of the sureties in
December, every year, and every subordinate Civil Court shall submit its report to the District Judge on or
before the 15th of January.
Enquiry as to the solvency of the sureties shall be made annually in the month of January by the District
Judge, who shall certify in writing that he has satisfied himself about the solvency of sureties and report
the fact to the High Court.
604. The Court may in its discretion delegate to the Nazir the authority to sign summonses in execution
proceedings and to sign processes for execution. It should be borne in mind that wherever possible the
ministerial responsibility in execution proceedings should rest with the Nazir.
605. A notice setting out the duties assigned to the Clerk of the Court and the Nazir, should be affixed to
the Court Notice Board.
606. (a) Each Section-Writer shall daily type or copy and compare 7,000 words from documents in
English or 5,000 words from documents in regional languages or, in case wherein the copies are required
to be prepared in hand writing, shall daily copy and compare 3,000 words from documents in regional
languages, and shall maintain a day to day diary in Form À' given at the end of this paragraph showing
particulars of copying and comparing work done by him. The diary shall be checked and signed daily,
after verifying its correctness, by such officer as the officer presiding over the Court may appoint in this
behalf.
(b) A statement in Form `B' given at the end of this paragraph showing the daily out turn as also the
balance of copying work shall be prepared and submitted daily in the District and Sessions Court by the
Record Keeper to such officer as the District and Sessions Judge may appoint in this behalf. In the Court
of the Civil Judge or of the Civil Judge and Judicial Magistrate, such statement shall be submitted by the
Clerk of the Court and in the Court of the Judicial Magistrate by the Senior Clerk daily to the presiding
officer of the Court. The officer to whom such statements are submitted shall examine whether the out
turn of work is satisfactory and given such directions as he may deem necessary.
(c) A register in Form `C' given at the end of this paragraph shall be kept in every Court by such person as
the officer presiding over the Court may direct in that behalf indicating the movement of the applications
for copying. The said register shall be kept in three parts, Part I relating to applications which are sent to
other Courts for supplying the record of the required case or for supplying the copy after copying, Part II
relating to applications which are forwarded to the Record Keeper for supplying the record of the required
case, and Part III relating to applications which are given to the Section-Writers with the necessary
originals for copying. Where the Court concerned is doing both Civil and Criminal work, such registers
should be maintained separately for applications received in Civil Matters and for applications received in
Criminal Matters.
(d) The Courts of the Civil Judges and Judicial Magistrates should submit every month to the District and
Sessions Court a statement in Form `D' given at the end of the this paragraph showing the outturn and the
balance of copying work in their Courts. The District and Sessions Judge should scrutinize these
statements and then issue such directions as he may deem proper and necessary.
FORM A
Name of the Section-Writer

Paper book work Certified copies work
Distinctive Description of the Serial No. of the Distinctive Description of the

Number of the document or the application in the Number of the document or the
Date
Appeal of Exhibit number copying Register Case or proceeding Exhibit number
Revision of which copied copied
the paper books is
prepared
1 2 3 4 5 6
Total number of words Total number of words Total number of words Work other
typed written compared than copying
and Remarks
English Regional English Regional English Regional comparing
Language Language Language
7 8 9 10 11 12 13 14
Note.- (1) If the Section-writer is an English Section-Writer, the letter E should be inserted before his name within
brackets and if he is a Regional language Section-writer, the letter R should be inserted before his name within
brackets.
(2) In columns 7 to 12, show the total of copying as well as paper book work, if any.
FORM B
Outturn and Balance of Copying work on
Balance pending at the close

Balance of the of the day
Kind of Received Total for Disposed
previous
work during the day disposal during the day
working day Pending over Pending over
ten days twenty days
1 2 3 4 5 6 7
Applications
for Copying
Paper Books
FORM C
PART I
(Relating to applications sent to other Court)

Number of the Name of the Date on which the Date on which
application in the Court to which application is sent application is
copying Register the application is received back
sent for making with or without
Serial No. Remarks
the record of the the record or the
case available or copy
for preparing the
copy
1 2 3 4 5 6
PART II
(Relating to applications sent to the Record Keeper)
Number of the Name of the Date on which the Date on which the
application in the Record Keeper or application is sent application is
copying Register the Record Clerk returned with or
to whom the without the record
Serial No. Remarks
application is sent
for making the
record of the case
available
1 2 3 4 5 6
PART III
(Relating to applications given to the Section-writers for copying)
Number of the Name of the Section- Date on which the Date on which
application in the writer to whom the application is the copy is
Serial No. Remarks
copying Register application is given given prepared
with the original
1 2 3 4 5 6
FORM D
PART I
(Monthly Outturn)
Name of Number Total number of words Average number of Work other
the of copied and compared words copied and than copying
Serial Section- working compared per day and
Remarks
No. writer days comparing
English Regional English Regional
language language language language
1 2 3 4 5 6 7 8 9
Total ..
N.B.--(1) In Column No.2, show the letter (E) in brackets against the name of the English Section-Writer and the
letter ® against the name of the Regional language Section Writer.
(2) In Columns 6 and 7 against the item “Total”, show the average number of words copied and compared per day
per Section-Writer.
PART II
(Monthly balance)
Number of applications Number received Number disposed Balance pending Serial Numbers of
pending at the beginning during the month of during the at the end of the applications pending for
of the month month month more than ten days with
reasons for delay in each
of them
1 2 3 4 5
Duties of Bailiffs and Supervision over them
607. Bailiffs are commonly entrusted with the service of summonses and notices and orders and with the
enforcement of processes for execution of decrees and orders.
608. There is no prescribed method for apportioning and supervising the duties of bailiffs. The District
Judge may adopt and suitable method for his district having regard to the nature and volume of work, and
the particular requirements of the district.
609. It would generally be convenient to divide the jurisdiction of the Court into beats for execution of
processes. The bailiffs must try to execute the processes independently of the parties, on their own
information and knowledge. They must also understand that if they return a process unserved, they will
be repeatedly sent back till it is served.
610. Some useful instructions have been given in the Bailiff's Manual which should be followed by the
bailiffs. It is the duty of the Nazir or other officer appointed by the Judge for that purpose to give
instructions and directions to the bailiffs in regard to their work and duties. The Nazir should also keep a
watch over the work of the bailiffs and see that the bailiffs perform their duties satisfactorily and obey the
directions given to them.
611. The Nazir of the Court should submit to the Presiding Officer for his orders every day all the
processes returned unserved. The Presiding Officer should scrutinise the reasons for non-service in every
case and if they are unsatisfactory, he may take such action as he deems fit.
612. Although the legitimate work of the bailiffs is the service of processes, the District Judge may assign
to them any other reasonable work when they are not engaged on the work of service of processes.
The work of bringing tapal, taking money and boxes containing valuables to and bringing the same from
Treasury, calling out parties in Court, etc. may reasonably be considered to fall within the scope of duties
assigned to bailiffs, but the work of doing night watch duty in the court buildings may not be assigned to
the bailiffs after sanction of all the posts of peons and watchmen as per the recommendation of the Study
Group.
613. (i) Nazir has to see :-
(a) that the process to be given to the bailiff is accurately drawn,

(b) that the bailiff is given all the papers to be sent along with the process e.g., a copy of the plaint,
summons, notice, etc.,
(c) that the bailiff is given the necessary amount of money for the purpose of the service of the process,
and,
(d) that a reasonable time is fixed for his return having regard to the distance and the nature of the work.
(ii) After the process is brought back or sent by post by the bailiff, it is the duty of the Nazir or a clerk
working under him,
(a) to scrutinize his report and ascertain whether the bailiff has done his work properly,
(b) to ascertain whether all the details required by the kamgiri book are mentioned in the bailiff's report,
and,
(c) to scrutinize carefully the bailiff's diaries.
(iii) The scrutiny of the reports and the diary should be intelligent and constant and not merely
mechanical and casual. It would be enough if the Nazir signs the bailiff's report in token of scrutiny, if he
considers them satisfactory and has no remarks to make.
(iv) The return required under Order V, rule 23, in amended Form No.10 in Appendix B, Schedule I, of
the Civil Procedure Code, should be made under the signature of the Judge after the scrutiny by the Nazir.
614. It is the duty of bailiffs to explain failure to serve any process and to report, as required by rule 25 of
Order XXI on all processes in execution.
615. The Nazir should make careful enquiry of the bailiff, in execution matters as to whether the decree
has been adjusted or satisfied wholly or in part.
616. If the reports of a bailiff are not sufficiently clear, the Nazir should examine him about any matter
which requires an explanation or a clarification.
All matters of doubt or difficulty and all cases of negligence, laziness or misconduct on the part of bailiffs
should be referred to the Judge.
617. Where a man sent with a bailiff to indentify a judgment-debtor has represented that he does not wish
to point out the judgment-debtor or to attach his property, he shall be required to sign an endorsement to
that effect on the warrant.
618. No bailiff charged with service of a process is entitled to call upon the party interested in the service
to point out the person to be served.
It is the duty of the bailiff to use his best efforts to effect the service and it is only when he fails, in spite
of such efforts, that the Court may order the party to render help to him.
Where the serving officer does not know the individual on whom the process is to be served, but such
individual is pointed out to him, the person who points out the individual served should be asked to make
an endorsement on the process.
619. Villages Officers have been instructed by Government to give every assistance to bailiffs when
serving processes.
620. Bailiffs should be required to keep diaries in the standard form No. `Civil B 38'.
621. Forms of the bailiffs' patrol book may be obtained from the Superintendent, Yeravda Prison Press, on
indent by the Collector.
Form of Bailiffs' Patrol book
Signature of officer Date of arrival Date of departure Summary of work To what village
done proceeding next
622. Whenever bailiff visits a village, he should ascertain from the patrol book the name of the bailiff
who had visited it immediately before him and the date of his visit, and should make a note of the same in
his diary. The Nazir should check these notes, from time to time, in order to ascertain the correctness of
the diaries of other bailiffs.
623. Permission is given to District Judges and to Civil Judges (subject to any general instructions from
the District Judge) to allow their bailiffs to return processes by post in cases in which it may be
convenient to do, so. Processes, however, should not be posted in village boxes which are cleared at
irregular intervals. When sent by post, they may be sent “Service bearing” and the postage should be paid
out of the Court's contingent allowance. The presiding officer of each Court, in which the system may be
introduced, should carefully watch its working, and should discontinue it, if found objectionable.
624. The official directly responsible for the work of the bailiffs is the Nazir. In order to see whether that
responsibility is fully realized, the presiding Judge must occasionally inspect the bailiff's work. As
illustrating one of the ways in which this may be done, the following mode of inspection is suggested.
Taking :-
(a) the “Kamgiri book” :

(b) the Nazir's book (attendance roll which should show what bailiffs were in attendance on the Court
each day and were engaged in outside work);
(c) the Darkhast Register ;
(d) the Bhatta Book ;
(e) the Memo book for Darkhasts.
The Civil Judge can in a short time trace several execution proceedings and very soon see whether the
subordinate officials promptly and accurately do their work and whether the Nazir recognizes his
responsibility.
Similar investigations should be made by the District and Additional District Judges when on inspection
circuit, serious notice also should be taken of all irregularities on the part of the execution establishment
which may be brought to light in the course of any judicial investigation.
Close supervision should be exercised over the conduct of process servers in executing warrants of arrest.
This branch of work should be closely scrutinized, and persistent default in arresting judgment-debtor
should be a ground for either dispensing with the services of the process-server or his reduction or
stopping his promotion and good work in this direction should be a ground for special advancement.
Departmental Examinations
625. (1) There shall be two examinations called respectively the “Lower Standard” and the “Higher
Standard”.
(2) No candidate selected for appointment to a clerical post in accordance with Government Circular,
Home Department, No. 8977/3-II, dated the 16th March 1939 shall be confirmed in his appointment as a
Clerk unless he has passed the “Lower Standard” Examination.
Note :- The above shall not apply to candidates who were selected before 16th March 1939.
(3) No Clerk shall be promoted to an appointment to the post of Sheristedar, Assistant Superintendent and
above unless he passes the Higher standard Departmental Examination or to an Appointment to the post
of Senior Clerk unless he passes the Lower Standard Departmental examination.
(3) (i) “The Members of the Staff of the Subordinate Courts who have completed the age of 45 years are
exempted from appearing and passing the Higher Standard Departmental Examination.”
(4) No Clerk shall be permitted to appear for the “Higher Standard Departmental Examination” until he
has completed 3 years of service and after he completes 10 years of service as a Clerk. No candidate shall
be permitted to appear for the “Lower Standard Departmental Examination” until he has completed one
year's service as a clerk.
(5) To be deleted.
(6) The examinations shall be in English and shall-consist of written papers and oral and practical tests.
(7) The examinations shall be held each year in July, on 2nd Saturday and following Sunday either in
Court premises or any other convenient place likes school, college near District Court.
(8) At least three months' notice of the exact dates fixed for holding the examination shall be given by the
High Court by publication in the Maharashtra Government Gazette.
(9) “The Examination Committee in each district shall consist of the District Judge, the Civil Judge
(Senior Division) and a third officer who should be an Additional District Judge, a Judge of the Small
Cause Court or a Civil Judge as the District Judge may think fit to appoint. In other Courts, the committee
shall consists of the principal Judge and two other members as the Principal Judge may subject to
approval of the High court appoint. However, having regard to the number of candidates appearing for
Lower and Higher Standard Departmental Examinations, District Judge may include as many. Judicial
Officers in the committee as deemed necessary. The Adjudication of Answer Books shall be done by such
Examination Committee of another district as may be directed by the High Court.
(10)(a) The question papers for both the Higher and Lower Standard Departmental Examinations for all
cadres of Subordinate Judiciary, shall be drawn up in the form of Question Banks, duly approved by the
High Court and the same shall be sent to the District Judges and the Chief Judge, Small Causes Court,
Mumbai for being circulated to the Candidates/Examinees, by taking out sufficient number of its xerox
copies well in advance. The Candidates/Examinees, are expected to study the entire Question Bank of
each paper and to go through the relevant provisions of the Acts/Rules for the purposes of preparation of
the Examinations.
On the day fixed for the Examination, the District Judges/Chief Judge, Small Causes Court, Mumbai shall
take out the Question Bank of the papers fixed which is already circulated to the Candidates/Examinees
and shall call upon any candidate in the examination hall to pick up such number of questions by lot as is
required and mentioned in the notes/instructions given on the question paper and those questions only
should be solved/answered by the Examinees of that Court/District. Thus, for every District different
questions will be taken out by random system, for being answered by the Examinees.
After the examination of each paper is over, the concerned District Judge shall take necessary steps to get
the Answer Books properly sealed and shall safely keep the same in his custody till the same are taken up
for evaluation.
For the year 2004, and for subsequent years the same Question Bank shall be used for holding the
Departmental Examinations, until the Question Banks are duly revised by the High Court.
(b) The Answer Papers shall be Evaluated/Examined by forming the Evaluation Committee consisting of
sufficient number Judges working at the District Headquarter and Taluka Places, by the concerned District
Judge/Principal Judge. All the Answer Books shall be centrally examined on 4 th Saturday and Sunday in
the month of July every year at the District Headquarter and it shall not be necessary to send the same to
the High Court.
For the purposes of evaluation of Answer Books, Key/Model Answers of each Question Bank, duly
approved by the High Court, shall be supplied to the District Judges/Chief Judge, Small Causes Court,
Mumbai and same shall be circulated to the Members of the Evaluation Committee as a guide for the
purpose of evaluation of the Question Papers. Sufficient number of its zerox copies should be drawn up
for this purpose. However, after the work of evaluation is over the District Judges/Chief Judge, Small
Cause Court, Mumbai shall ensure that none of the members of the Adjudication Committee or Staff
deployed on duty retain copy of the question Bank or its key and the same shall be collected back from
them and should be kept in a sealed cover in the safe custody of the District Judges and the Chief Judge,
Small Cause Court, Mumbai, or Principal Judge, as the case may be.
The same Question Bank shall be used for the next subsequent years and should be supplied to examinees
every year in the month of May for preparation. The Examination shall be held every year on 2 nd
Saturday and Sunday, as scheduled.
Every Member of the Evaluation Committee formed by the District Judges is expected to evaluate about
20 or more Answer Books depending upon the total Number of Answer Books.
On the day of the evaluation, the sealed bundles containing the answer books shall be opened one after
the other and the Answer Books should be distributed in chronological order to all the evaluators ensuring
that nobody can anticipate to get any particular Answer Book. After the evaluation of all the papers from
one bundle, the next bundle shall be opened and so on till the Answer Books are evaluated.
The District Judge should ensure and impress upon all the members of the Evaluation Committee to
evaluate Answer Books strictly and impartially. Even slight deviation, if any committed by any member
of Evaluation Committee should be reported to the High Court by the District Judge/Principal Judge.
(c) After evaluation of all Answer Books is over the Adjudication Committee shall thoroughly re-check all
the Answer Books for re-totalling of Marks and then shall prepare the Mark Sheets. The signature with
name and designation of each Member of the Evaluation Committee who has evaluated a particular paper
should be obtained on the top of the Paper. Re-checking/re-totalling of Marks alloted is necessary to
ensure that no request for re-checking would be entertained thereafter.
The result of the examination should be declared by the District Judges/Chief Judge, Small Causes Court,
Mumbai immediately on the next working day after evaluation of Answer Books, under intimation to the
High Court, and the same should be communicated in writing to the Examinees.
(11) The number of questions which a candidate is required to answer in each paper shall be limited to ten
and the time allowed shall be three hours.
(12) The syllabus for the Examinations and the marks for each paper and for the practical and oral tests
shall be as under :-
(i) The syllabus for the examinations and the marks for each paper and for the practical and oral tests for
the State of Goa shall be as under :
Lower Standard
A. Written :-
Marks
(i) Questions to test the examinee's knowledge of such parts of the Code of
Civil Procedure as refer to matters coming within the scope of a Clerk's duties.
(with books). 100
(ii) Questions to test the examinee's knowledge of (a) the Limitation Act, the
Indian Stamp Act, 1899 and the Court-fees Act, 1870 (All Central Acts), (b)
Goa Government Amendments/Notifications to on the latter two Acts and (c)
the Civil Manualk (with books). 100
(iii) Questions to test the examinee's knowledge of (1) The Criminal Procedure 100
Code and (2) The Criminal Manual (with books).
Syllabus for Lower Standard Departmental Examination of the employees of
the Court of Small Causes :-
(a) Presidency Small Cause Courts Act, 1882.
Marks
(b) Maharashtra Rent Control Act, 1999 and all rules and sections 18, 20, 24
and 28 of Bombay Rent Control Act, 1947.
(c) Bombay Municipal Corporation Act, 1888.
(d) Bombay Money Lenders Act, 1947.
(e) Payment of Wages Act, 1936.
(f) Maharashtra Slum Areas (Improvement, Clearance and Redevelopment )
Act, 1971.
(g) Indian Oaths Act, 1969.
B. Written :-
Higher Standard
Marks
(i) (a) The Fundamental and Supplementary Rules,

excluding Chapters VI to X in Fundamental Rules and
Supplementary Rules, Vol. IV.
(b) Central Civil Service Pension Rules, 1972. 0

(c) Central Civil Service (Classification, Control and
Appeal) Rules, 1965. As in force in
(d) The Central Civil Service (Leave) Rules, 1972. State of Goa.
(e) The Central Civil Service (Conduct) Rules, 1964. (With
Books).
(ii) Questions to test the examinee's knowledge (a) the

Limitation Act, the Stamp Act and the Bombay Court Fees
As in force in
Act and (b) Government Notifications on the letter two Acts 100
State of Goa.
and (c) the Civil Manual (d) the City Civil Courts Rules for
employees of the City Civil Court (with books)
(iii) Questions to test the examinee's knowledge (1) the

Criminal Procedure Code and (2) The Criminal Manual, (3)
100
City Civil and Sessions Court Rules (Criminal Section ) for
Employees of City Civil and Sessions Court (with books).
(C) Oral--
Questions relating to accounts rules for maintenance, preservation and

destruction of records and general questions connection with current rules and 100
practice.
(13) An examinee must, in order to pass, obtain not less than 35 percent, of the maximum marks in each
written papers.
For the purpose of this Rule, Test in Type-writting and the Oral Test will be considered as “Written
papers”.
Note :- (1) A candidate who obtains 75 percent of the total maximum marks shall be declared and notified to have passed the
examination “with credit” and a note to that effect shall be made in his service book.
Note :- (2) Committee shall not give any grace marks to any candidate..
(14) (a) “Any clerk who has passed LL.B Examination of any recognised University with the Civil
Procedure Code and Code of Criminal Procedure as subjects shall on an application made by him in this
behalf to the District Judge, be exempted from appearing for Paper-I and III (on the Civil Procedure
Code, Criminal Procedure Code, 1973 and Criminal Manual) of the Lower Standard Departmental
Examination. If such exemption is granted, he will not be entitled to be declared to have passed the
examination with credit, under the note below to sub para (13) above.
Such a clerks who are to be granted exemption under this rule shall be required to answer the questions in
Part (b) of Paper-III of the Higher Standard Departmental Examination within one hour only.”
(b) A candidate appearing for any of the examination may be exempted appear in any of the subjects in
which he had secured minimum 40 percent marks in the said subject in his earlier attempt.
626. (a) The rules, given in Appendix B at the end of the Chapter, have been framed by the High Court
under section 41-A of the Bombay Civil Courts Act, (Act XIV of 1869), for licensing of the petition
writers in Civil Courts. These rules are brought into force with the following directions :-
(b) notwithstanding the supersession of the former rules by clause (a) above, where the District Judge has
already brought into force in all or any of the civil courts of the District (other than Mamlatdars, Courts)
the former rules by the issue of a notification as required under the former rules and where such rules
continue to be in force on the date of the publication of this notification, the former rules shall continue to
be in force until they are superseded by the issue of the necessary notification under the new rules by the
District Judge and the new rules are brought into force :-
(c) that the supersession of the former rules shall not, -
(i) affect the previous operation of any of the former rules of anything duly done or suffered thereunder,
or
(ii) affect any right, privilege, obligation or liability acquired, accrued or incurred under any of the former
rules, or
(iii) affect any penalty or forfeiture or punishment incurred in respect of any offence committed against
any of the former rules, or
(iv) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation,
liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or
remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be
imposed as if the new rules had not come into force; and
(d) any license issued to a petition-writer under the former rules shall continue to remain in force even
after the new rules are brought into force, unless already cancelled by a competent authority, and shall be
deemed to have been issued under the new rules.
Miscellaneous
627. A Court official should not be appointed as Trustee or Administrator under the Indian Trusts Act or
under the Indian Succession Act or a Administrator of Devasthan but may be appointed as manager of the
estates of lunatics.
628. The Court official appointed manager of the estate of a lunatic or trustee of an estate in accordance
with a scheme framed under section 92 of the Civil Procedure Code or otherwise should be remunerated
by a commission on the income of the estate, the rate of the commission being within the discretion of the
Court which appoints the official as the manager of the lunatic or the trustee. In no case should the official
appointed a manager or lunatic or a trustee be remunerated by a percentage charge upon the realisation of
the principal.
APPENDIX A
(Paragraph 677) (iii)
Recruitment Rules for recruitment to Class III and Class IV Services in the Subordinate Judicial
Service
Rule 1. (a) Recruitment to the posts of (i) Stenographers, (ii) Clerks, (iii) English Section Writers, (iv)
Regional Language Section Writers, (v) Bailiffs, (vi) Peons, (vii) Watchmen, (viii) Gardeners and (ix)
Sweepers in Civil and Criminal Courts in a District shall be made by the District Judge, strictly in order
of seniority from a list of candidates to be prepared as hereinafter provided.
(b) In preparing the list, the District Judge shall act upon the advice of a committee known as the
Advisory Committee.
(c) Such list shall contain names of candidates for recruitment to the different categories referred to
above, in separate parts for each category.
(d) Subject to Rule 3 below, no candidate whose name is not on such list shall be employed in any of the
above categories in any Civil or Criminal Court.
(e) The list prepared by the Advisory Committee shall be final.
Rule 2. The Advisory Committee shall consist of the District Judge as the Chairman, Additional District
Judge (for the time being working) in the district and the Civil Judge, Senior Division (for the time being
working) in the district and if there is no Additional District Judges working in the district, then the
Committee shall consist of the District Judge as the Chairman and a Civil Judge, Senior Division. If there
is no Additional District Judge or a Civil Judge (Senior Division), the Committee shall consist of the
District Judge as the Chairman and a Civil Judge (Junior Division) and Judicial Magistrate to be
nominated by the Chairman :-
Note :- The expression “the District Judge” appearing in this Rule where such District Judge is an Inspecting District Judge
and when he is out of his District Headquarters on inspection shall mean and include the Joint Judge posted at such place.”
Rule 3. (i) The District Judge may appoint. -

(a) a Regional (Language) Section Writer to the post of an English Section Writer : and
(b) a Regional (Language) Section Writer or an English Section Writer to the post of a clerk.
Provided that he is properly qualified and is, in opinion of the District Judge, fit for such an appointment.
(ii) District Judge may, after following guidelines contained in para 580 & 583 of Civil Manual,
promote :-
(a) A Peon, Watchman, Gardner, Sweeper to the post of Bailiff/Driver.
(b) Bailiff to the post of Head Bailiff or Driver.
(c) A Peon, Watchman, Gardner, Sweeper, Bailiff, Head Bailiff, Driver, Xerox Operator, Book Binder to
the post of Junior Clerk , Stenographer Lower, Grade / Higher Grade / Stenotypist / interpreter.
(e) Stenotypist, Steno Lower Grade to the of Steno Higher Grade / interpreter.
(f) Senior Clerk to the post of Assistant Superintendent.
(g) Assistant Superintendent to the post of Superintendent.
(h) Superintendent to the post of Registrar.
(i) From any other post in lower pay scale to post in higher pay scale.
Provided that he is properly qualified and is, in the opinion of the District Judge, fir for promotion to the
higher post.
Rule 4. The number of candidates to be enlisted annually in such category specified in rule (1) shall be
such as to make the total number in each category equal to (a) the average temporary vacancies which
occurred during the previous two years plus (b) the expected permanent vacancies during the year for
which the enlistment is proposed to be made and (c) an addition of 20 per cent of (a) and (b) to meet
unexpected contingencies and wastage.
Rule 5. (a) Every year preferably in the month of June, the Advisory Committee shall scrutinise the list of
candidates, and subject to rule 11, strike off from the list the names of (i) those who have become
ineligible for appointment and (ii) those who have failed to accept the appointment without good cause
even though an intimation was sent to them.
(b) The Advisory Committee shall then decide having regard to the provisions of rule (4) above the
number of candidates required to be added to the list for each category.
(c) If the number of candidates remaining on the list for any category is found to be sufficient for a
particular year, the Committee shall not enlist any candidate for such category.
Rule 6. (a) The additions to the list shall be made annually in August. The number of candidates in each
category proposed to be enlisted shall be advertised in the local news papers of wide publicity and by
exhibiting notices in the various offices of the Department in the manner prescribed in para 5 of
Government Resolution, Finance Department, No. 5011, dated the 26th March 1928. The Advisory
Committee shall also call for lists of eligible candidates from the local Employment Exchange and the
District Social Welfare Officer.
(b) The Selection of the candidate shall be made by the Advisory Committee after considering the
applications and lists so received, if necessary, by holding a test. The final selection shall not be made
without interviewing the candidates.
(c) The selection shall be made in such a manner that, as far as possible, at any particular time, a
sufficient number of Backward Class candidates shall always be available for appointments so as to
satisfy the percentage prescribed for the purpose by Government from time to time.
Rule 7. (a) The Committee shall fix the seniority of each selected candidate on merit and merit being
equal on age and prepare a list of candidates in separate parts as provided in rule 1. Such list shall be
signed and dated by the members of the Advisory Committee and shall continue to remain in force till it is
exhausted.
(b) The seniority once assigned to a candidate in the list shall be final and shall not be disturbed on any
account. While making additions to the list, the seniority fixed on the previous occasion shall not be
disturbed.
Rule 8. The necessary educational and other qualifications which would qualify a candidate for being
enlisted in the various parts of the list are as follows :-
Stenographer. (i) Not lower than a pass in the S.S.C. Or other examination recognised as equivalent to the
S.S.C. Examination.
(ii-a) Stenographer (Higher Grade) ; minimum shorthand speed of 120 wpm and minimum English typing
speed of 40 wpm
(ii-b) Stenographer (Lower Grade) Minimum shorthand speed of 100 wards per minute and minimum
typing speed of 40 words per minute.
(ii-c) Stenotypist Minimum shorthand speed of 80 wards per minute and minimum typing speed of 40
words per minute.
Clerks. (i) Not lower than a pass in the S.S.C. Or other examination recognised as equivalent to the S.S.C.
Examination.
(ii) A reasonably good speed in typing.
(iii) Adequate knowledge of the regional language of the Court in the District.
English Section Writers. (i) Not lower than a pass in the S.S.C. Or other examination recognised as
equivalent to the S.S.C. Examination.
(ii) A reasonably good speed in typing.
Regional Language Section Writers.-- Not lower than a pass in the Regional Language Final Examination
or in the Examination of Standard VII of a recognised school with Marathi as the medium of instruction.
Bailiffs. (i) Not lower than a pass in the Regional Language Final Examination or in the Examination of
Standard VII of a recognised school with Marathi as the Medium of instruction.
(ii) Active habits and temperament.
Peons.-- Not lower than a pass in the Examination of Standard IV.
Watchman. (i) Not lower than a pass in the Examination of Standard IV in the regional language.
(ii) Good physique and active habits.
Gardeners and Sweepers.-- Good physique and ability to carry out the duties attached to the post.
Rule 9.-- Age limit – For appointment to Class III and Class IV posts specified in Rule 1, the minimum
age limit shall be 18 years while the maximum age limit shall be 28 years.
Provided that in the case of candidates belonging to the Backward Classes, an upper age limit shall be 33
years.
Rule 10.-- No candidate who has not passed the Lower Standard Departmental Examination prescribed
by the High Court shall be confirmed as a Clerk.
(ii) A candidate shall be required to pass the Lower Standard Departmental Examination within a period
of three years from the date of his continuous officiation as a Clerk. The District Judge may, in suitable
cases, extend this time limit by a period of two years. Further extension of the time limit shall be in the
discretion of the High Court.
(iii) A candidate who fails to pass the Lower Standard Departmental Examination prescribed by the High
Court within the time permitted by clause (ii) above shall be liable to lose his seniority as a clerk and to
be reverted as English or Regional Language Section Writer.
Rule 11.-- If a candidate who is otherwise eligible to officiate intermittently in short term vacancy while
within the age limit, becomes age barred before he gets an opportunity to officiate continuously, his case
shall be referred to the High Court for relaxation of the upper age limit :
Provided where the upper age limit in the case of any such candidate has been once relaxed by High
Court, it shall not be necessary to approach High Court once again, for relaxation of age if such candidate
is subsequently discharged and has to be appointed again.
Rule. 12 (a) A confidential sheet shall be maintained for each candidate appointed to a Class III post by
each Judicial Officer under whom the candidate is to work on every appointment even though such
appointment may be for a very short duration. Such sheet shall be maintained in the same form as the one
prescribed by Government for the maintenance of the confidential record of a Class III Government
servant.
(b) For a candidate appointed to a Class IV post, such confidential sheet shall be maintained by each
Judicial Officer under whom he works on every appointment even though such appointments may be for
a very short duration in the form prescribed in para. 579 of Chapter XXXI of the Civil Manual.
Rule 13.-- The District Judge shall examine the confidential record so maintained of each candidate from
time to time but at least once in very year and shall remove from the list the name of any candidate, who
on the material date, is not officiating in any vacancy, if, in the opinion of the District Judge, he is below
the average standard of conduct, character or efficiency.
Rule 14. -- The District Judge shall give a candidate an opportunity of being heard and shall record brief
reasons before ordering the removal of his name from the list, under rule 13 above.
Rule 15.-- An appeal shall lie from the decision of the District Judge to the High Court in respect of
matters connected with the rank in candidates' list, removal from the list or seniority acquired on previous
officiating service.
Rule 16.-- Notwithstanding anything contained in the aforesaid rules, the High Court of its own motion or
otherwise may call for a list or lists of candidates prepared by the Advisory Committee or papers relating
to the selection or appointment of a candidate and where it has reason to believe that there has been an
infringement of any of the aforesaid rule, it may --
(a) cancel or modify any list or lists prepared by the Advisory Committee;
(b) cancel or modify an order passed by the District Judge removing from any such list the name of a
candidate.
Rule 17.-- These rules shall come into operation at once.
APPENDIX B
(Paragraph 626)
Rules for licensing of Petition-Writers in Civil Courts.--
(i) The District Judge may from time to time by notification, duly published in the Maharashtra
Government Gazette, direct that from such date as he may prescribe these rules shall be in force in all or
any of the Civil Courts of the district (other than Mamlatdars' Courts) and may be like notifications
suspend their operation in any such Courts.
(ii) When these rules are in force in any Court, no person other than a duly qualified lawyer entitled to
practise in the Court or his clerk holding the necessary permit under the rules made in that behalf shall be
permitted to prepare or write pleadings, applications, affidavits, or any other legal documents within the
precincts of such Court, unless he shall first have obtained from the Judge presiding over the Court a
petition-writer's licence, which, if issued in any Court subordinate to the District Court or in Small Cause
Court, shall be subject to confirmation by the District Judge.
(iii) The District Judge shall in consultation with the Judge presiding over the Court fix the maximum
number of petition-writers to be licensed in each Court.
(iv) Subject to the provisions of rule (iii), the Judge presiding over the Court may in his discretion issue to
selected applicants licences in the form given below which shall remain in force till suspended or
cancelled by competent authority. Temporary licences may be issued to fill temporary vacancies.
(v) No such licence shall be granted to any clerk, bailiff or peon in the service of Government or to the
clerk of any lawyer practising in the district.
(vi) Every applicant for a licence shall produce a certificate of good character signed by two lawyers
practising in the Court or other reputable and responsible persons known to the Judge presiding over the
Court.
(vii) Every licensed petition-writer shall attend the Court daily during office hours and shall not absent
himself without leave. He shall charge such fees only as may be sanctioned by the Judge presiding over
the Court not exceeding the scale hereto annexed. He shall subscribe his name on every document written
by him and shall note thereon the date and the fee charged. He shall keep a register in the following form
and shall show it to the Judge presiding over the Court when required :--
Date Name of the client and the Nature of document written Fee charged
opponent, if any (e.g., plaint, affidavit, etc.)
(viii) No licensed petition-writer shall act as a law tout or receive any fee for introducing clients to
lawyers.
(ix) No licensed petition-writer shall directly or indirectly bid for any property sold at a Court-sale.
(x) Any person committing a breach of the provisions of rule (ii) shall be liable to a fine not exceeding
fifty rupees which may be imposed by the Judge presiding over the Court. The Judge presiding over the
Court may also impose a fine not exceeding twenty-five rupees on any petition-writer or suspend or
cancel the licence of any petition-writer who commits any breach of the provisions of rules (vii), (viii)
and (ix) or who is guilty of any other misconduct. All punishments inflicted under this rule shall be
inflicted by an order in writing, after giving the person affected there-by an opportunity of being heard in
his defence, and all such punishments excepting fines not exceeding two rupees impossed by a Judge
presiding over any Court subordinate to the District Court shall be subject to an appeal to the District
Judge. No appeal shall lie from an order, whether original or appellate, passed by the District Judge.
Provided that the Judge presiding over the Court of the District Judge, may, for reasons to be recorded in
writing, suspend the petition-writer, pending inquiry with regard to his misconduct, if it is expedient to do
so in the interest of administration.
(xi) A copy of these rules shall be hung up in a conspicuous place in each Court in which they are in
force.
Maximum Scale of Fees

Description of the Document Maximum Fees
Rs. Ps.
Plaint or Written Statement ---

(a) In suits of the nature of Small causes where no Second 4.00
1 Appeal lies and in suits for rent or arrears of land revenue.
(b) In all other suits. 6.00
Memorandum of Appeal (Regular and Miscellaneous)--

(a) From a decree in a suit described at Item No.1(a) above 4.00
2 and from an Order (Section 104 and Order XLIII, Rule 1 of
the Civil Procedure Code).
(b) From a decree in a suit described at Item No.1(b) above. 5.00
Memorandum of Objections under Order XLI, Rule 2 of the 5.00

3 Civil Procedure Code.
Applications --
(a) For execution of a decree in a suit mentioned at Item
No.1 (a) above. 4.00
4 (b) For execution of a decree in a suit mentioned at Item
4.00
No.1 (b) above.
2.00
(c) Not otherwise provided for.
Any other legal document, such rate as may be agreed on or 5.00

5 in the absence of agreement.
For additional copies of document mentioned at any of the Half of the fees prescribed for the
Items No. 1 to 5 above. original, for the first copy and 1/4 th of the
fee for the additional copy, if the copy
made by hand or by typing separately and
6 half of the fees prescribed for the original
for every set of two additional copies if
the copies are made with the help of
carbon paper by hand or by typing.
For copies of documents not covered by Item No. 6 above. Re.1 for per full page or part thereof if
the copies made separately by hand or by
typing and Re.1 for every set of two
7 copies if the copies are made with the
help of carbon paper by hand or by
typing.
Note :- (1) The above fees are inclusive of paper cost and shall apply to documents and copies in English language as well as in
the regional language.
(2) The above amendment will come into force from the date of publication of this Notification in Maharashtra Government
Gazette.
FORM OF LICENCE TO PETITION WRITER

In the ....................................................... Court of ................................................
To,
You are hereby appointed a petition-writer in the Court of ...............................................

subject to the rules framed by the High Court in this respect.
Seal. Civil Judge.
CHAPTER XXXI-A
Summons Service through Courier
628-A. The following are the guidelines as regards service through Courier of service of Summons when given to the
plaintiff for service :-
(i) The District Judge shall prepare a panel of courier agency for the purpose of sub-rule (i) of Rule 9 of
Order V, Keeping in view reputation of courier agency, annual turn over, income tax payment and the
tangible assets thereof. The empanelling of reputed Courier agencies shall be made by the Advisory
Committee of each District.
(ii) The summons may be sent through courier agency only when it is proved to the satisfaction of the
Court, on the basis of affidavit filed by the concerned party, that the defendant is avoiding to accept
summons.
(iii) In case of service through courier agency. If defendant does not appear and the suit is to be set
exparte. It would be necessary for concerned Courier agent to file affidavit about due delivery of the
courier packet / parcel containing the summons to the defendant or member of his family. Such affidavit
of Courier agent shall contain name of the person to whom the summons was delivered, the name of the
persons who were present at that residence of the defendant, at the time of service, and a brief
identification / topography of the residential premises where the delivery was made.
(iv) The courier agent shall be informed that in case such affidavit filed by the agent / servant is found to
be false, then the servant and the owner or directors of the courier company shall be liable for criminal
prosecution on charge of perjury and will be sentenced after a summary trial as provided under section
344 of Criminal Procedure Code and in addition such Courier Agency may be black listed.
(v) The Advisory Committee of the District Court shall as far as possible, empanel the Courier Agency
having computerized system to track done progress of the courier parcel / packet through transit and up to
the stage of service.
(vi) Where the summons is given to the plaintiff for service on defendant, if shall be necessary for
plaintiff to visit residence of the defendant in the presence of at least one reputed witness.
(vii) Where the plaintiff is allowed to undertake service of summons on defendant, then the plaintiff shall
give his affidavit about service and shall give details of the time of his visit to the residence of the
defendant, persons who were present at such residence, topographical account of the residential premises
and the name of person who had accompanied him at the time of service.
(viii) Where the plaintiff is given the work to effect service of summonses on defendant, the court may
direct him to take help of Junior Advocate and such Advocate shall filed affidavit about the service
instead of the affidavit of plaintiff and / or his witness, and the same manner as stated above.
CHAPTER XXXII
LAWYERS, LAWYER'S FEES AND LAWYERS' CLERKS
629. According to the provision of Section 29 of the Advocates Act, 1961 (Act No. 25 of 1961), which
came into force with effect from 1st June 1969, there shall be only one class of persons entitled to practice
the profession of law, namely, advocates. As such, the District Pleaders have ceased to be admitted under
Section 6 of the, District Pleaders Act, 1920 (Act No. XVII of 1920) However, the District Pleaders who
still continue to practice as such, are subject to the following conditions :--
(i) After his admission as a Pleader, if any Pleader engages in any trade, business or profession, or accepts
any employment or there is any change in the nature and/or hours or his engagement, or employment, he
shall forthwith inform the Registrar High Court, Appellate Side, Bombay, of the nature and hours of such
engagement or employment or of any such change therein. If, on his furnishing the information as
aforesaid, it is considered by the Court that such engagement or employment is derogatory to the status of
a Pleader or is likely to interfere with his professional work, he shall cease to practice as a Pleader during
the period of such engagement or employment.
(Explanation.-- A breach of the above mentioned rule or any undertaking given in pursuance thereof shall
amount to professional misconduct within the meaning of Section 26 of the Bombay Pleaders Act, 1920
(Act No. XVII of 1920.)
(ii) Application for a change of the District for which a Sanad is available shall be made in writing and
addressed to the Honourable the Chief Justice and Judges of the High Court of Bombay and shall be
delivered to the Registrar, High Court, Appellate Side, Bombay and shall be accompanied by the Sanad
and declarations and undertaking as in clause (i) above.
The Sanad, when granted, will be forwarded to the District Judge of the District for which it is issued and
the applicant will be requested to take delivery of it from the District Judge.
630. All Pleaders holding Sanads for a district may appear, plead and act in any Court of Small Causes
within the same district. The provisions on the subject of pleaders in other Courts contained in Regulation
II of 1827, Chapter VI, and Act I of 1846 shall, so far as they are still in force and may be applicable,
extend to pleaders practising in Courts of Small Causes under this rule.
631. In allotting Courts to a pleader who has received Sanad authorising him to practise in his district, the
District Judge may take into consideration the family connection which the pleader has in different parts
thereof.
632. Under section 8(a) of the Bombay Pleaders Act (XVII of 1920), the District Judge may authorize
pleaders to practise in such particular Court or Courts in the district as may be assigned to them by him
but he cannot direct them to establish their headquarters or reside at any particular place or places. If any
Courts are left without sufficient pleaders, the only remedy would seem to be assign other pleaders to
them.
633. Lawyers can employ only those clerks who are registered as fit and proper persons in the register of
Lawyers clerks kept by the District and Sessions Judges.
634. Rules Regarding Lawyers' Clerks.--(1) When any person wishes to be enrolled as a clerk to any
lawyer, he shall make an application to the District Judge stating his name, qualifications, age, residential
address, the name of the lawyer whom he wants to serve and such other particulars as may be necessary.
He shall also submit along with his application certificates of good character, integrity and reliability of
any two respectable persons, who are not his relatives. He shall submit along with his application a
writing from the lawyer saying that he wishes to engage the applicant as his clerk, and if the person in
already serving under him, them a certificate from the lawyer that the applicant is fit to be appointed as
his clerk.
(2) The District Judge, on making such inquiries as he thinks fit may pass an order enrolling the applicant
as a clerk to the lawyer or reject his application.
(3) When the District Judge enrolls any person as a clerk to the lawyer, intimation thereof shall be given
to the applicant and his lawyer about the enrollment. The clerk so enrolled shall be given a permit on a
strong paper to work as a clerk to the lawyer as per specimen appended.
(4) The District Judge is authorised to impose upon the lawyer's clerk for any misconduct or default any
of the following penalties :-
(1) Suspension of the enrollment.

(2) Cancellation of the enrollment.
(5) If the District Judge, on inquiry, finds any clerk to the lawyer guilty of some misconduct or default, he
may by an order suspend or remove the name of such clerk from the Register. The permit issued to him
shall be treated as cancelled and returned to the office which issued it.
(6) No person shall be entitled to work as a clerk to any lawyer, unless he is so enrolled by the District
Judge and holds a permit as prescribed under the rules.
(7) The lawyer shall intimate to the District Judge, if he suspends or removes his clerk whose name is
enrolled in the Register maintained in the District Court. On receipt of such intimation, necessary note
shall be made in the Register, the permit issued shall be treated as cancelled, and be returned to the Office
which issued it.
(8) The District Judge may, in his discretion, allow a lawyer's clerk to work under more than one lawyer
after obtaining consent of the lawyers concerned.
(9) The District Judge may cancel or modify any order passed by him in respect of the lawyer's clerks.
(10) The District Judge may delegate to any subordinate judicial Officers powers to enroll an applicant as
a Lawyer's clerk and to hold inquiries into misconduct or default of the clerk concerned. In the case of
refusal to enroll an applicant as a lawyer's clerk by the Officer concerned, or in the case where he has held
inquiries into misconduct or default as aforesaid, the Officer concerned shall submit necessary
recommendations or findings, as the case may be, to the District Judge who shall pass appropriate orders
finally in such cases.
(11) The final order of suspension of enrollment or cancellation of the enrollment shall, however, be
passed by the District Judge. Due intimation thereof shall be given to the lawyers concerned and a note to
that effect be made in the Register.
(12) In an inquiry held under rule 5 by the District Judge or under rule 10 by a subordinate Judicial
Officer or before the passing of final orders by the District Judge under rule 11, an opportunity shall be
given to the lawyer's clerk concerned to be heard and to show cause against the proposed suspension or
cancellation of his enrollment.
(13) No appeal shall lie from the order of the District Judge.
(14) The above rules shall apply also to persons already serving as clerks to the lawyers.
PERMIT
Mr................................................................. is hereby permitted to work as clerk to the lawyer
Mr....................................................................................................
The holder of this permit shall show this permit whenever it is demanded by any Judicial Officer for
inspection.
The loss or mutilation of this permit will dis entitle the holder thereof to work as clerk to any lawyer.
District Court, District Judge.

Dated :
Rules for licensing of typists in Civil Courts
635. (1) The District Judge may in consultation with the Judge presiding over the Court and the Bar
Association fix the number of typists to be permitted to do typing work on their own typewriters within
the precincts of the Court for Advocates and Pleaders.
(2) No such typist shall be permitted to do typing work in Courts in which a petition writer knowing
typing has been given a licence unless the said petition writer is, in the opinion of the District Judge, not
able to cope up with typing work; provided that when a typist is granted permit as above, the District
Judge shall issue necessary directions to avoid conflict of work between the petition writer and the typist.
(3) Any person who wishes to apply for permission to work as a typist within the precincts of a Court
shall make an application to the District Judge stating his name, qualifications, age, residential address,
the Court in the precincts of which he wants to work as a typist, his speed in typing, make, number and
size of his typewriter and such other particulars, as may be necessary. The applicant shall also give an
undertaking in the application that he will not in any way encroach upon the work of the licensed petition
writer or Lawyers' clerks and that he will abide by these rules and directions that may be given by the
presiding Officer of the Court. He shall also submit along with his application, certificates of good
character, integrity and reliability, signed by two lawyers practising in the Court or by any two respectable
persons, who are not his relatives.
(4) The District Judge, on making such inquiries as he thinks fit, and in consultation with the Judge
presiding over the Court and the Bar Association, may pass an order granting the permission applied for
or may reject the application.
(5) On the application being granted, intimation shall be given to the applicant, the Court and the Bar
Association concerned. The typist so permitted shall be given a permit on a strong paper to work as a
typist for the purpose mentioned in rule (1) as per the specimen appended hereinbelow. Such permit shall
be in force till suspended or cancelled by the District Judge. Temporary permit may be given to fill
temporary vacancy after following the requirements mentioned in the above rules.
(6) No such permit to work as typist as above shall be granted to any clerk, bailiff or peon in the service
of Government or the clerk of any lawyer practising in the District.
(7) Every typist who has been issued permit under rule (5) shall attend the Court daily during office hours
and shall not absent himself without leave of the District Judge at the Headquarters and of the Assistant
Judge or Civil Judge at any out-lying station as the case may be. He shall charge for typing work at the
rates not exceeding the rate prescribed hereinbelow. He shall subscribe his name on every document
typed by him and shall note thereon the date and the fee charged. He shall keep Register in the proforma
appended hereinbelow and shall show it to the Judge presiding over the Court, whenever called for
through a principal assistant as the Judge may appoint in that behalf. He shall use his own stationery,
typewriter, table and chair for the typing work.
(8) The presiding Judge of the Court may give to the typist such facilities as possible for keeping safely
his typewriter, stationery, etc. in the Court premises but Government will not in any manner be
responsible for the loss of or damage to the said articles.
(9) No typist, holding a permit under rule (5), shall act as a law tour or receive any fee for introducing
clients to lawyers.
(10) No typist, holding a permit under rule (5), shall directly or indirectly bid for any property sold at a
Court sale.
(11) The District Judge is authorised to impose upon a typist holding a permit under rule (5), for any
misconduct or default, any of the following penalties :-
(i) suspension of the permit.

(ii) cancellation of permit.
(12) If the District Judge, on inquiry, finds any typist holding a permit under rule (5) guilty of some
misconduct or default, he may by an order suspend or cancel the permit. On receipt of such orders, the
typist shall return the permit to the office which issued it.
(13) No person shall be entitled to work as a typist in the precincts of the Court premises, unless he hold a
permit as prescribed under rule (5).
(14) The District Judge may cancel or modify any order passed by him in respect of such typist.
(15) The District Judge may delegate to any subordinate Judicial Officer powers to grant a permit under
these rules and to hold inquiries into a misconduct or default of the typist concerned. In the case of refusal
to grant a permit under these rules by the Officer concerned, or in the case where he has held inquiries
into misconduct or default as aforesaid, the officer concerned shall submit necessary recommendations or
findings, as the case may be, to the District Judge, who shall pass appropriate orders finally in such cases.
(16) The final order of suspension or cancellation of the permit shall, however, be passed by the District
Judge. Due intimation thereof shall be given to the presiding Judge of the Court and the Bar Association
concerned.
(17) In an inquiry held under rule (12) by the District Judge or under rule (15) by a subordinate Judicial
Officer or before the passing of final order by the District Judge under rule (16), an opportunity shall be
given to the licensed typist concerned to be heard and to show cause against the proposed suspension or
cancellation of his permit.
(18) No appeal shall lie from the order of the District Judge.
(19) The above rules shall also apply to the existing typists who are working as such in any Court for
doing the typing work of Advocates and Pleaders. Such typists, notwithstanding the fact that they are
already working as such, shall have to make applications and obtain permission to work as typists in the
manner prescribed in rules 3 and 4 hereinbefore.
(20) A copy of these rules shall be hung up in a conspicuous place i each court in which they are in force.
Permit
(Rule 5)
Mr..................................................................... is hereby permitted to work as typist for doing the typing
work on his own typewriter for lawyers with the precincts of the Court.................................................
The holder of this permit shall show this permit whenever demanded by any Judicial Officer or lawyer for
inspection.
The loss or mutilation of this permit will dis entitle the holder thereof to work as typist within the precinct
of the Court.
District Court, dated : District Judge.
The Rate of Typing Charges
(Rule 6)
“English Documents.---Rs. 2.00 for the first (Original) sheet of the size of foolscap paper. Rs. 0.50 ps. For
each carbon copy of the size of foolscap paper.
Vernacular Documents.--- Rs. 2.50 for the first (Original) sheet of the size of foolscap paper. Rs. 0.75 ps.
For each carbon copy of the size of foolscap paper.
Note :- If the typed matter is less than half sheet, half the prescribed charges shall be charged. If the typed matter is more than
half sheet, full charges, prescribed above, shall be charged.”
Proforma of Register
Date Name of the Nature of document Number of sheets of Fees charged

pleader or typed foolscap paper typed
Advocate
Original Carbon
636. Advocates appearing in the Supreme Court, High Court, Sub-Ordinate Court, Tribunals or
Authorities shall wear the following part of their dress which shall be sober and dignified :-
I. Advocates :-
(a) a black buttoned up coat, chapkan, achkan, black sherwani and white bands with Advocates' Gowns.
(b) a black open breast coat, white shirt, white collar, stiff or soft, and white bands with Advocates'
Gowns. In other case wear long trousers (white, black or black stripped or grey) or Dhoti excluding
Jeans :- Provide further that in Courts other than The Supreme Court, High Court, District Court, Sessions
Court or City Civil Court, a black tie may be worn instead of bands.
II. Lady Advocates :-

Lady Advocates may wear either the dress prescribed sub-rule (b) or the following :-
(a) black and full or half sleeve jacket or blouse, white collar, stiff or soft, with white bands with
Advocates' Gowns.
White blouse with or without collar, with white bands with a black open breasted coat.
OR
(b) Sarees or long skirts (white or black or any mellow or subbued colour without any print or design ) or
flare (white, black or blacks stripped or gray) or punjabi dress, churidar kurta or salwar kurta with or
without dupatta (white or black) or traditional dress with black coat and bands.
III. Wearing of advocates gowns shall be optional except when appearing in a Supreme Court or in a High
Court.
IV. Except in Supreme Court and High Courts during summer, wearing a black coat is not mandatory.
Classification :- (1) So far as the courts other than Supreme Court and High Courts are concerned during
summer while wearing black coat is not mandatory, the advocates may appear in white shirts with white,
black or stripped or gray pant with black tie or band and collar.
The period of 15th March to 30th June every year to the considered as summer months for the dress code
of advocates for summer.
637. In cases of misconduct of any High Court Pleader or District Pleader, the following procedure should
be adopted :
The Court mentioned in section 26 of the Bombay Pleaders Act, XVII of 1920 should, after notice to the
Pleader concerned, hold an inquiry as contemplated by the section, and forward its report together with
the evidence taken at the inquiry to the Registrar, High Court, Appellate Side, requesting him to place it
before the High Court.
638. In the paragraphs 639 to 650 below, `plaintiff' and `defendant' include àppellant' and `respondent'
and àpplicant' and òpponent', respectively.
639. The general law as to costs is stated in section 35, 35-B and rule 6 of Order XX and Order XXV of
the Code, specific or implied reference to costs is also made in various parts of the Code, for example, ---
Order VI, rule (5), (17);

Order IX, rules 6(2), 7,9, and 13;
Order XI, rules 3, 15 and 18(2);
Order XII, rules 4 and 9;
Order XVI, rules 10(3), 11 and 12;
Order XVII, rule (2)
Order XIX, rule 3(2);
Order XXI, rules 34(6), 38, 39(5), 45(2), 46(G), 55, 67(2), 69(3) and 72(3);
Order XXII, rules 3, 8(2) and 9(2);
Order XXIII, rule 1(4);
Order XXIV, rule 4;
Order XXXII, rules 2, 4(4), 5(2), 8, 9, 11, 12(4), 13(1) and (3) and 14(2);
Order XXXIII, rules 10, 11 and 16;
Order XXXIV, rules 4(2), 10 and 13;
Order XXXV, rules 3 and 6;
Order XXXVII, rule 2(3);
Order XLI, rules 18, 21 and 35(3);
Order XLV, rule 7;
Order XLVI, rule 4;
Sections 137 and 153 of the Code.
This list does not profess to be exhaustive.
639-A Wherever costs are directed to follow results of the cause, the Courts shall set out actual reasonable costs which a
successful party might have incurred. Such reasonable cost shall include the cost/compensation of the time spent by the
successful party, expenditure towards transportation and lodging, notionally/actually required by successful party if residing at
out station and any other incidental cost besides the payment of the Court fee Advances Fee, typing and other cost in relation to
the litigation.
The Court shall not vaguely pass order under section 35(2) and the details of such cost may be included in the separate
paragraph of th judgment itself or may be mentioned in the final order or may be set out in a separate table showing each item,
which shall be treated as part of the judgment.
640. On the question of taxation of costs of legal practitioners who are or who continue to be pleaders
under the Bombay Pleaders Act, 1920, attention is invited to the provisions contained in sections 18, 20,
21 and 23 of the Bombay Pleaders Act, and the rules in Schedule III of that Act, The fees of legal
practitioners who are Advocates enrolled under the Advocates Act, 1961, should be taxed in accordance
with the Rules contained in Schedule “A” reproduced at the end of this chapter.
641. (a) When the Government Pleader, as defined by section 2(7) of the Civil Procedure Code, appears
to oppose an application for permission to sue or to appeal in forma pauperis, he should be allowed the
full costs. In such a case, separate costs should not be allowed to the defendant unless good cause is
shown by him for engaging a lawyer on his behalf to oppose the application.
(b) When two or more defendants having separate substantial defences have engaged the services of the
same lawyer, they shall normally be allowed separate sets of costs. In such a case, the defendants
interested must apply at the hearing for separate costs.
(c) When several defendants having separate defences are represented by separate lawyers, they shall
normally be entitled to separate costs.
(d) (a) In all cases in which a party is represented by more than one advocate, all of them may file a joint
appointment.
(b) In such cases, where the lawyer engaged is not able to sign the Vakalatnama in token of his acceptance
at the time of filing it, the same may be signed by another lawyer on his behalf provided that the former
acknowledges and ratifies the acceptance of the Vakalatnama within two weeks from the date of its being
filed in the Court by making an endorsement on the Vakalatnama to that effect.
(c) Even when the lawyer appointed by the party dies and another is appointed by the part in his place, the
expenses incurred for affixing Court-fee stamps on the Vakalatnama, should not be included in the bill of
costs. The same rule applies where a party dies and his legal representatives appoint the same or another
lawyer.
642. Where a suit or proceeding has been “dismissed with costs” and there is more than one defendant,
the Court must be deemed to have intended that each of the defendants is to receive his costs from the
plaintiff or applicant. Where several defendants are represented by separate lawyers, the order “dismissed
with costs” will mean that separate sets of costs are to be allowed to the defendants engaging separate
lawyers. Whether more than one set of costs should be allowed or not is, of course, in the discretion of the
Court, but it is its duty to make its intention clear. Accordingly, in all cases where several defendants are
represented by more than one lawyer, it will be its duty to obviate ambiguity by specifying whether one or
separate sets of costs are allowed.
643. In miscellaneous Judicial proceedings not admitting of precise valuation, the scale of fees in the
various Courts shall be as follows ;--
Minimum Maximum
Rs. Rs.
(i) District and Subordinate Courts .. 15 30
(ii) Small Cause Court. .. .. 10 30
(iii) Mamlatdar's Court .. .. 05 15
Unless the Court otherwise orders, the Bill of Costs will include the minimum fee herein prescribed but it
will be open to the Court to award higher or lower fees than those prescribed if the Court for reasons to be
recorded deems it fit to do so.
644. In calculating the amount of lawyer's fees allowable to the State in respect of an application under
Order XXXIII, rule 10 of Civil Procedure Code, the lawyer's fees awarded to it in respect of the
application for leave to sue as an indigent person shall be included.
645. The retaining fee payable to a pleader under section 11 of the Bombay Pleaders Act (XVII of 1920)
should not be included in the costs of the suit.
646. (i) A suit decided on the defendant's admission is deemed to be decided on the merits, within the
meaning of rule I(a) of Schedule III of the above mentioned Act and pleader's fee should be allowed in
full.
(ii) An award filed without contest under section 14 of the Indian Arbitration Act, 1940, (X of 1940) shall
not be considered as a suit decided on the merits within the meaning of the rule referred to above.
647. In a suit for restitution of conjugal rights, the lawyer's fee should be calculated on the amount at
which the plaint is valued for purposes of Court fees.
648. The fees paid by a party for interpreting an affidavit and for administering an oath or solemn
affirmation should be held to be costs incurred in the case and included in the bill of costs.
649. Separate fees cannot be included in the bill of costs even when they are paid to a lawyer appointed
under a fresh Vakalatnama by the legal representative of a deceased party.
650. Travelling allowance paid by the Government or a public authority to a public servant who was
summoned as a witness in any case as also the amount deposited by a party to cover the travelling
allowance payable to such public servant shall be included in the bill of costs.
SCHEDULE “A”
(Paragraph 640)
Rules for Computing the Advocate's fee
I. (a) In suits which decide on the merits the real dispute between the parties.
(b) In appeals from decrees (including preliminary decrees) other than appeals from execution
proceedings which decide on the merits the real dispute between the parties;
(c) In applications, proceedings or appeals which decide on the merits the real dispute between the parties
under the --
(i) Indian Succession Act, XXXIX of 1925, excepting applications or appeals falling under sub-clause (ii)
and (iii) of clauses (e) of rule VI;
(ii) Land Acquisition Act, I of 1894; the amount of the Adovcate's fee shall be computed on the amount or
value of the subject-matter in dispute in the suit, appeal, application or proceeding at the rates specified
below :-
If the amount or the value of the subject-matter in dispute does not exceed Rs. 2,000 at 7½ per cent.
If such amount or value exceeds Rs. 2,000 but does not exceed Rs. 5,000; on Rs. 2,000 as above and on
the remainder at 5 per cent.
If such amount or value exceeds Rs. 5,000, but does not exceed Rs. 10,000, on Rs. 5,000 as above and on
the remainder 2 per cent.
If such amount or value exceeds Rs. 10,000, but does not exceed Rs. 20,000, on Rs. 10,000 as above and
on the remainder at 1 per cent.
If such amount or value exceeds Rs, 20,000, on Rs. 20,000 as above and on the remainder at ½ per cent.
Exception.-- The amount of Advocate's fee in a suit, appeal application or proceeding between landlord
and tenant shall be calculated on the amount or value of the claim for the purposes of Court-fees and not
on the amount or value of the claim for the purposes of Jurisdiction;
Provided that the amount may, at the discretion of the Court, be calculated on the amount or value of the
claim for the purposes of jurisdiction when the Court is of the opinion having regard to the labour
involved in the preparation of the case, or to the complexity of the issue arising therein, that the higher
rate of valuation is appropriate.
II. (a) In appeals from Orders.
(b) In civil applications or proceedings other than applications and proceedings necessary for the progress
of a suit or appeal and other than applications arising in or out of applications, proceedings or appeals
falling under rules V and VI below.
(c) In all other cases not otherwise provided for, the amount of the Advocate's fee to be allowed shall be
¼th of that payable according to the rates specified in rule I.
III. The fee prescribed in rules I and II shall be taken to be the remuneration for the Advocate's services
until the final decree or order in the suit, appeal, application, reference or proceeding is passed.
IV. In execution proceedings or in appeals in execution proceedings, the Advocate's fee to be allowed
shall be ¼th of the fee calculated at the rates specified in rule I on the amount or value of the relief or
money claimed in the application to execute the decree. Such fee shall be chargeable on the first
application and on every subsequent contested application.
V. The Advocate's fee shall be Rs. 100 in an application made under article 226 of the Constitution and
Rs. 75 in an application made under article 227 of the Constitution :
Provided that the court hearing such applications may, having regard to the labour involved in the
preparation of the case or the complexity of the issues arising therein or for any other sufficient reason,
allow such higher fees as it deems proper.
VI. (a) In any reference made to the High Court under section 113 of the Code of Civil Procedure, 1908
(V of 1908).
(b) In any application to the High Court under section 115 of the said Code.
(c) In any application to the High Court under 25 of the Provincial Small Cause Courts Act, IX of 1887.
(d) In any application for the exercise of the High Court's revisional jurisdiction in civil matters.
(e) In all applications or appeals under.--
(1) the Guardians and Wards Act, 1890 (VIII of 1890),

(2) Part X of the Indian Succession Act, 1925 (XXXIX of 1925),
(3) Part VII of the Indian Succession Act, 1925 (XXXIX of 1925),
(4) the Indian Trust Act, 1882 (II of 1882),
(5) the Provincial Insolvency Act, 1920 (V of 1920),
(6) any other special or local Act,
a sum of Rs. 60 shall be allowed as the Advocate's fee.

VII. In no case, whether specially provided for in this Schedule or otherwise, shall the Advocate's fee
payable in any civil suit, appeal (including an appeal from execution proceedings), application or
proceeding other than execution proceedings, be less than.--
(a) Rs. 60 in the High Court,

(b) Rs. 20 in a District Court,.
(c) Rs. 20 in the Court of a Civil Judge subject to the provisions of clause and
(d) the proviso below.
(d) Rs. 10 in the Court of a Civil Judge in suits of the nature cognizable by a Court of Small Causes or in
the Court of a Mamaltdar under the Mamaltdar Court Act, 1906 (II of 1906) :
Provided that suits by a superior holder for the recovery of his dues in the Court of a Civil Judge shall be
governed by clause (d) and not by clause ©, unless, in the opinion of the Court, the suit involves
questions of a complicated nature affecting title to land.
VIII. A surcharge of 100 per cent shall be allowed on the fixed or ad valorem fees under the existing
rules, in all cases where addition of 100 per cent surcharge would increase the Advocates fees to any
amount less than and upto Rs. 300.
SCHEDULE “A”
(Paragraph 640)
Rules for Computing the Advocate's fee
I. (a) In suits which decide on the merits the real dispute between the parties.
(b) In appeals from decrees (including preliminary decrees) other than appeals from execution
proceedings which decide on the merits the real dispute between the parties;
(c) In applications, proceedings or appeals which decide on the merits the real dispute between the parties
under the --
(i) Indian Succession Act, XXXIX of 1925, excepting applications or appeals falling under sub-clause (ii)
and (iii) of clauses (e) of rule VI;
(ii) Land Acquisition Act, I of 1894; the amount of the Adovcate's fee shall be computed on the amount or
value of the subject-matter in dispute in the suit, appeal, application or proceeding at the rates specified
below :-
If the amount or the value of the subject-matter in dispute does not exceed Rs. 2,000 at 7½ per cent.
If such amount or value exceeds Rs. 2,000 but does not exceed Rs. 5,000; on Rs. 2,000 as above and on
the remainder at 5 per cent.
If such amount or value exceeds Rs. 5,000, but does not exceed Rs. 10,000, on Rs. 5,000 as above and on
the remainder 2 per cent.
If such amount or value exceeds Rs. 10,000, but does not exceed Rs. 20,000, on Rs. 10,000 as above and
on the remainder at 1 per cent.
If such amount or value exceeds Rs, 20,000, on Rs. 20,000 as above and on the remainder at ½ per cent.
Exception.-- The amount of Advocate's fee in a suit, appeal application or proceeding between landlord
and tenant shall be calculated on the amount or value of the claim for the purposes of Court-fees and not
on the amount or value of the claim for the purposes of Jurisdiction;
Provided that the amount may, at the discretion of the Court, be calculated on the amount or value of the
claim for the purposes of jurisdiction when the Court is of the opinion having regard to the labour
involved in the preparation of the case, or to the complexity of the issue arising therein, that the higher
rate of valuation is appropriate.
II. (a) In appeals from Orders.
(b) In civil applications or proceedings other than applications and proceedings necessary for the progress
of a suit or appeal and other than applications arising in or out of applications, proceedings or appeals
falling under rules V and VI below.
(c) In all other cases not otherwise provided for, the amount of the Advocate's fee to be allowed shall be
¼th of that payable according to the rates specified in rule I.
III. The fee prescribed in rules I and II shall be taken to be the remuneration for the Advocate's services
until the final decree or order in the suit, appeal, application, reference or proceeding is passed.
IV. In execution proceedings or in appeals in execution proceedings, the Advocate's fee to be allowed
shall be ¼th of the fee calculated at the rates specified in rule I on the amount or value of the relief or
money claimed in the application to execute the decree. Such fee shall be chargeable on the first
application and on every subsequent contested application.
V. The Advocate's fee shall be Rs. 100 in an application made under article 226 of the Constitution and
Rs. 75 in an application made under article 227 of the Constitution :
Provided that the court hearing such applications may, having regard to the labour involved in the
preparation of the case or the complexity of the issues arising therein or for any other sufficient reason,
allow such higher fees as it deems proper.
VI. (a) In any reference made to the High Court under section 113 of the Code of Civil Procedure, 1908
(V of 1908).
(b) In any application to the High Court under section 115 of the said Code.
(c) In any application to the High Court under 25 of the Provincial Small Cause Courts Act, IX of 1887.
(d) In any application for the exercise of the High Court's revisional jurisdiction in civil matters.
(e) In all applications or appeals under.--
(1) the Guardians and Wards Act, 1890 (VIII of 1890),

(2) Part X of the Indian Succession Act, 1925 (XXXIX of 1925),
(3) Part VII of the Indian Succession Act, 1925 (XXXIX of 1925),
(4) the Indian Trust Act, 1882 (II of 1882),
(5) the Provincial Insolvency Act, 1920 (V of 1920),
(6) any other special or local Act,
a sum of Rs. 60 shall be allowed as the Advocate's fee.
VII. In no case, whether specially provided for in this Schedule or otherwise, shall the Advocate's fee
payable in any civil suit, appeal (including an appeal from execution proceedings), application or
proceeding other than execution proceedings, be less than.--
(a) Rs. 60 in the High Court,

(b) Rs. 20 in a District Court,.
(c) Rs. 20 in the Court of a Civil Judge subject to the provisions of clause and
(d) the proviso below.
(d) Rs. 10 in the Court of a Civil Judge in suits of the nature cognizable by a Court of Small Causes or in
the Court of a Mamaltdar under the Mamaltdar Court Act, 1906 (II of 1906) :
Provided that suits by a superior holder for the recovery of his dues in the Court of a Civil Judge shall be
governed by clause (d) and not by clause ©, unless, in the opinion of the Court, the suit involves
questions of a complicated nature affecting title to land.
VIII. A surcharge of 100 per cent shall be allowed on the fixed or ad valorem fees under the existing
rules, in all cases where addition of 100 per cent surcharge would increase the Advocates fees to any
amount less than and upto Rs. 300.
CHAPTER XXXIII
RULES FRAMED BY THE HIGH COURT UNDER SECTION 34(1)

OF THE ADVOCATE'S ACT, 1961.
651. (a) In these rules, unless there is anything repugnant in the subject or context, the word Àdvocate'
shall include a firm of Advocates.
(b) The word `Court' shall mean the High Court of Judicature at Bombay and the Courts subordinate
thereto.
652. (1) No Advocate shall act for any person in any Court unless he has been appointed for the purpose
by such person by a Vakalatnama in the form annexed hereto and signed by such person or by his
recognised agent or by some other person duly authorised by or under a Power of Attorney to make such
appointment.
(2) No Advocate who has been engaged for the purpose of pleading only shall plead on behalf of any
party unless he has filed in Court a memorandum of appearance signed by himself and stating (a) the
names of he parties to the suit, (b) the name of the party for whom he appears and (c) the name of the
person by whom he is authorised to appear :
Provided that nothing in sub-rule (2) shall apply to any Advocate engaged to plead on behalf of any party
by another Advocate or Attorney who has been duly appointed to act in Court on behalf of such party :
Provided that nothing in this rule shall apply to a Public Prosecutor or an Advocate who has been
requested by the Court to assist the Court amicus curie in any case or a proceeding or who has been
appointed at the expense of the State to defend the accused person in a criminal proceeding :
Provided further that when any advocate appears on behalf of Government or any public servant suing or
sued in his official capacity, it shall be sufficient for him to file a memorandum of appearance.
653. An Advocate who is not on the roll of Advocates, of the Bar Council of Maharashtra shall not appear
or act in any Court, unless he files a Vakalatnama along with an Advocate who is on the roll of the Bar
Council of Maharashtra and who is ordinarily practising in such Court.
654. (a) In all cases in which a party is represented by more than one Advocate, all of them may file a
joint appointment.
(b) In such cases, where the lawyer engaged is not able to sign the Vakalatnama in token of his acceptance
at the time of filing it, the same may be signed by another lawyer on his behalf provided that the former
acknowledges and ratifies the acceptance of the Vakalatnama within two weeks from the date of its being
filed in the Court by making an endorsement on the Vakalatnama to that effect.
655. The acceptance of an appointment on behalf of a firm of Advocates shall be indicated by a partner
affixing his own signature as a partner on behalf of the firm.
656. An Advocate at the time of acceptance of his appointment shall also endorse on it his address, which
address shall be regarded as one for service within the meaning of rule 5 of Order 3 of the Code of Civil
Procedure, 1908 :
Provided that where more Advocates than one accept the appointment, it shall be sufficient for one of
them to endorse his address, which address shall be regarded as one for service within the meaning of rule
5 of Order 3, C.P. Code.
657. When an Advocate instructed by a party to act or appear in a matter has not been able to secure a
Vakalatnama in the prescribed form duly signed by the client, he may file a written statement signed by
him stating that he has instructions from or on behalf of his client to act or appear in the matter and also
undertaking to file within a week a Vakalatnama in the prescribed form, duly signed, by the party.
658. (1) An Advocate shall be bound to appear in Court on any day which, by notice duly given or in
accordance with the practice of the Court, is fixed for the hearing of a proceeding in which he is
appointed by the party.
(2) Where an Advocate appointed by a party in any of the proceedings is prevented by reasonable cause
from appearing and conducting the proceedings at any hearing, he may instruct another Advocate to
appear for him at that hearing.
(3) Where an Advocate is not able to instruct another Advocate on account of some sudden or unexpected
cause, he may intimate or cause to be intimated in writing, to the Court, the cause that prevented him
from appearing and conducting the proceedings and thereupon the hearing of the proceedings may be
stayed for such period not exceeding four days as the Court may think proper in order to enable the
Advocate to make necessary arrangements :
Provided that the hearing of the proceeding may not be stayed where there is on record another Advocate
who is not similarly prevented and who is duly empowered to act, appear or plead on behalf of the party.
(4) Deleted.
(5) In uncontested suits or matters where consent order is to be obtained, an Advocate may hold a brief of
another Advocate provided that the Court at any time may require the presence of the Advocate to whom
to brief really belongs.
659. Not withstanding anything contained hereinbefore, the provisions in this rule will apply to the
subject of non-attendance of the Advocates practising in the High Court.
(1) If an Advocate is not able to attend to any Criminal matter or any matter which is already on board or
to any matter which is specially fixed on any day or in any week, he shall make or cause to be made a
motion in the Court before which the matter is on board or before which the matter is to come on board
for adjourning the matter and the Court may, after hearing the other Advocate or Advocates in the matter
for sufficient cause, adjourn the matter for such period as it deems fit
(2) The Registrar or the Special Officer may direct that the matters not covered by sub-rule (2) above of
any Advocate shall not be placed on board for a period not exceeding 14 days on an application made to
him by the Advocate who for the said period will be unable to attend the Court on account of some
unforeseen reason or on account of being required to go out of Bombay, Nagpur, Aurangabad or Panji as
the case may be.
Provided, however, that the Registrar or the Special officer may pass a similar direction for a further
period not exceeding 14 days if in respect of those matters for which the direction is sought the Advocate
concerned produces before the Registrar or the Special Officer the consent of the other Advocates
appearing in the said matter :
Provided further that the Judge designated in this behalf by the Chief Justice may give a similar direction
on sufficient cause being shown for a period exceeding the period for which the Registrar or the Special
Officer has given the direction.
(3) The Judge designated in this behalf by the Chief Justice may direct that the matters of any Advocate
who on account of sickness is unable to attend the Court shall not be placed on board for such period as
be deems fit.
660. (1) In Civil Cases, the appointment of any Advocate shall be deemed to be in force to the extent
provided in that behalf by rule 4 of Order 3 of the Code of Civil Procedure, 1908.
(2) In Criminal Cases, the appointment of an Advocate shall be deemed to be in force until determined
with the leave of the Court by writing signed by the client of the Advocate, as the case may be, and filed
in Court or until the client or the Advocate dies, or until all proceedings in the case are ended so far as
regards the client.
(3) For the purposes of sub-rule (2), a case shall be deemed to mean every kind of inquiry, trial or
proceeding before a Criminal Court whether instituted on a police report or otherwise. The following
shall be deemed to be proceedings in the case,--
(i) an application for bail or reduction, enhancement or cancellation of bail in the case;
(ii) an application for transfer of the case from the Court to another;
(iii) an application for stay of the case pending disposal of a Civil Proceeding in respect of the same
transaction out of which the case arises;
(iv) an application for suspension, postponement or stay of the execution of the order or sentence passed
in the case;
(v) an application for the return, restoration or restitution of the property as per the order of disposal of
property passed in the case;
(vi) an application for leave to appeal against an order of acquittal passed in the case;
(vii) any appeal or application for revision against any order or sentence passed in the case;
(viii) a reference arising out of the case;
(ix) an application for review of an order or sentence passed in the case or in an appeal, reference, or
revision arising out of the case;
(x) an application for making concurrent sentences awarded in the case or in an appeal, reference,
revision or review arising out of the case;
(xi) an application relating to or incidental to or arising in or out of any appeal, reference, revision or
review arising in or out of the case (including an application for leave to appeal to the Supreme Court);
(xii) any application or act for obtaining copies of documents or for the return of articles or documents
produced or filed in the case or in any of the proceedings mentioned hereinbefore;
(xiii) any application or act for obtaining the withdrawal or the refund or payment of or out of the moneys
paid or deposited in the Court in connection with the case or any of the proceedings mentioned
hereinbefore (including moneys paid or deposited for covering the costs of the preparation, printing and
transmission of the transcript record of appeal to the Supreme Court);
(xiv) any application for the refund of or out of the moneys paid or recovered as fine or for the return,
restitution or restoration of the property forfeited or confiscated in the case or in any appeal, reference,
revision or review arising out of the case as per final orders passed in that behalf;
(xv) any application for expunging remarks or observations on the record of made in the judgment in the
case or any appeal, reference, revision or review arising out of the case; and
(xvi) any application or proceeding for sanctioning prosecution under Chapter XXXV of the Code of
Criminal Procedure, 1898 (now Chapter XXVI of the Code of Criminal Procedure, 1973), or any appeal
or revision arising from and out of any order passed in such an application or proceeding :
Provided that where the venue of the case or the proceedings is shifted from one Court (Subordinate or
otherwise), to another, the Advocate filing a Vakalatnama referred to in sub-rules (1) and 92) above shall
not be bound to appear, act or plead in the latter Court unless he files a memorandum stating that he has
instructions from his client to appear act and/or plead in that Court.
(4) When an Advocate who has filed a Vakalatnama for a party wishes to withdraw his appearance, he
shall serve a written notice of his intention to do so on his client at least seven days in advance of the case
coming up for hearing before the Court. Leave of the Court to withdraw appearance may also be applied
for if the client has instructed the Advocate to that effect. The Advocate shall file a note in writing
requesting the Court for permission to withdraw appearance and shall also file along with the Note the
letter or the client instructing him to withdraw his appearance or a copy of the intimation given to the
client as above together with its written acknowledgment by the client. The Court, if it is satisfied that no
inconvenience is likely to be caused to the Court or the client, may permit the Advocate to withdraw his
appearance and while permitting the Advocate to do so may also impose such terms and conditions as it
may deem proper either in public interest or in the interest of the parties.
(5) A party who wishes to discharge the Advocate engaged by him may apply to the Court for an order of
discharge by following a similar procedure and the Court, if it is satisfied, may pass orders discharging
the Advocate and while doing so impose such terms and conditions as it may deem proper.
661. An Advocate who has advised in connection with the Institution of a Suit, appeal or other proceeding
or has drawn up pleadings or has during the progress of any suit, appeal or other proceedings appeared,
acted or pleaded for a party, shall not act, appear or plead in the suit, appeal or other proceeding or in an
appeal or application for revision arising therefrom or in any matter connected therewith for the opposite
party.
662. (a) The appointment of a firm of Advocates may be accepted by any partner on behalf of the firm.
(b) No firm of Advocates shall be entitled to appear, act or plead in any Court unless all the partners
thereof are entitled to appear, act or plead in such Court.
(c) The name of the firm of Advocates may contain the names of the persons who were or are partners of
the firm of Advocates but of no others.
(d) The names of all the partners of the firm of Advocates shall be recorded with the Prothonotary and
Senior Master, the Registrar of the High Court and/or the District Judge, as the case may be, and the State
Bar Council, and the names of all the partners shall also be set out in all professional Communications
issued by the partners or the firm.
(e) The firm of Advocates shall notify to the Prothonotary and Senior Master, Registrar of the High Court
and/or the District Judge, as the case may be, and the State Bar Council any change in the composition of
the firm or the fact of its dissolution as soon as may be from the date on which such change occurs or its
dissolution takes place.
(f) Every partner of the firm of Advocates shall be bound to disclose the names of all the partners of the
firm whenever called upon to do so by the Prothonotary and Senior Master, the Registrar of the High
Court, the District Judge, the State Bar Council, any Court or any party for or against whom the firm or
any partner thereof has filed the appointment or memorandum of appearance.
(g) In every case where a partner of a firm of Advocates signs any document or writing on behalf of the
firm, he shall do so in the name of the firm and shall authenticate the same by affixing his own signature
as partner.
(h) Neither the firm of Advocates nor any partner thereof shall advise a party or appear, act or plead on
behalf of a party in any matter or proceeding where the opposite party is represented by any other partner
of the firm or by the firm itself.
663. No Advocate shall be permitted to file an appointment or memorandum of appearance in any
proceeding in which another Advocate is already on record for the same party save with the consent of the
former Advocate on record or the leave of the Court, unless the former Advocate has ceased to practise or
has by reason of infirmity of mind or body, or otherwise become unable to continue to act.
664. No Advocate who has been disbarred or suspended or whose name has been struck off the Roll of
Advocates shall be permitted to act as a recognised agent of any party within the meaning of Order III of
the Code of Civil Procedure, 1908.
665. No Advocate who has been found guilty of contempt of Court shall appear, act or plead in any Court
unless he has purged himself of Contempt.
The Court may in its discrection permit an Advocate who has been found guilty of Contempt of Court to
appear, act or plead without purging himself of Contempt of Court.
666. The above rules shall be subject to rules made or deemed to have been made by the High Court
under section 34(2)(iii) of the Advocates Act, determining the persons who shall be entitled respectively
to plead and to act in the High Court in the exercise of its Original Jurisdiction.
Vakalatnama
I/We/am/are/not a member/members of the Welfare Fund. Therefore stamp/ stamps of Rs. 2 is/are/not
affixed herewith.
N.B.-- Strike out which is not applicable.
In the Court of................................................................................................ Civil Suit/Criminal Case

Appeal/Revision/etc.
No. of 19
Plaintiff/Appellant/Petitioner/Complainant etc.
Versus
Defendant/Respondent/Opponent/Accused etc.
Amount of
Claim in Site etc.
I/We............................................. inhabitant of the ........................................... in the said matter hereby

appoint.......................................................................................... to appear and act for me as my
Advocate/s in the said matter.
Day of 19 .
Witness :-
Accepted. Signed..........................................
signature and address of Advocate/s

Office :
Residence :
Filed in Court on.................
CHAPTER XXXIV
Rules to Regulate Proceedings for

Contempt under Article 215 of the
Constitution of India and the
Contempt of Court Act, 1971
1. Title.-- These rules shall be called the Contempt of Courts (Bombay High Court) Rules, 1975.
2. Commencement.--- They shall come into force on the 1st day of October 1975.
3. Definition.--- In these rules, unless there is anything repugnant to the subject or context,---
(a) “Act” means the Contempt of Courts Act, 1971 (No. 70 of 1971);
(b) “High Court” means the High Court of Judicature at Bombay;
(c) “Judge” means a Judge of the High Court of Judicature at Bombay;
(d) “Subordinate Court” means any Court subordinate to the High Court of Judicature at Bombay;
(e) “Registrar” means the Registrar of the High Court and shall include Additional Registrars at Nagpur
and Aurangabad and Special Officer; at Panaji Goa,
(f) all other words and expressions used in these rules but not defined therein shall have the meanings
respectively assigned to them in the Act.
Part I
4. (1) Where Contempt of Court is committed in view or presence or hearing of Court the contemnor may
be punished by the Court before which Contempt is committed either forthwith or on a such date as may
be appointed by the Court in that behalf.
(2) Pending the determination of the charge, the Court may direct that contemnor shall be detained in
such custody as it may specify :
Provided that the contemnor may be released on bail or on such other terms as to undertaking or
otherwise as the Court may direct.
Part II
5. In case of Contempt of Court other than the Contempt referred to in Rule 4. Court may take action -
(a) Suo motu, or
(b) on a petition made by Advocate General.
(c) on a petition made by any person, and in the case of a criminal contempt with the consent in writing of
the Advocate General
(d) on a reference made to the High Court by any Subordinate kCourt in respect of Civil Contempt, or
(e) on a reference under Section 15(2) of the said Act made by a subordinate Court either suo motu or on
an Application received by it.
COGNIZANCE AND PROCEDURE
6. Parties to the Petition,-

(a) Every Petition for initiating proceedings for Contempt of Court shall be registered as Contempt
Petition.
(b) In a proceeding initiated by Petition the initiator shall be described as Petitioner and the opposite party
as Respondent.
(c) In every Petition for criminal contempt, the State of Maharashtra shall be made a Respondent.
7. (a) Every Petition or Reference under Rule 5(b), (c), (d) or (e) shall contain
(i) the name, description and complete address of the Petitioner or Petitioners and of the person charged;
(ii) nature of the contempt alleged, and such material facts, including the date or dates of commission of
the alleged contempt, as may be necessary for the proper determination of the case;
(iii) if a Petition has previously been made by him on the same facts, the Petitioner shall give the details
of the Petition previously made and shall also indicate the result thereof;
(b) Every Petition under Rule 5(c) shall be supported by an Affidavit.
(c) Where the Petitioner relies upon a document or documents in his possession or power, he shall file
such document or documents or true copies thereof with the Petition.
8. (1) Every Petition or Reference under Rules 5(b), (c), (d) or (e) shall on being filed on received be
forthwith posted before the Court for preliminary hearing and for orders as to issue of notice. Upon such
hearing, the Court, if satisfied that a prima facie case has been made out for issue of notice, may issue
such notice to the Contemnor and, if not so satisfied may dismiss the petition.
(2) the Court may, if it thinks it absolute necessary to do so, and where the Court is of the opinion that
mere service of Notice, will not secure the presence of the Contemnor, alongwith issue of Notice also
issue a bailable or non-bailable warrant for arrest of the Contemnor.
9. (1) Notice to the person charged shall be form I. The person charged shall, unless otherwise ordered,
appear in person before the Court as directed on the date ficed for hearing of the proceeding, and shall
continue to remain present during hearing till the proceedings in finally disposed off by Order of the
Court.
(2) When action is initiated on a Petition or a Reference, a copy of the Petition or the Reference alongwith
the annexures and Affidavit shall be served upon the person charged.
10. The person charged may file his reply by way of an Affidavit or Affidavits within 14 days from the
service of the Notice or within such time as the Court may fix.
11. No further Affidavit or document shall be filed except with the leave of the Court.
12. (a) Reference under Section 15(2) of the Act may be made by subordinate Courts either suo motu or
on an Application received by it.
(b) Before making a reference the subordinate Court shall hold a preliminary enquiry by issuing a Show
Cause Notice accompanied by copies of relevant documents, if any, to the contemnor and after hearing
him the subordinate Court shall write a concise reasoned Order of Reference indicating the nature of the
Contempt and the person/persons alleged to have committed it.
13. The High Court may on its Appellate Side, entertain a Petition for Contempt of Subordinate Court. If
it considers it necessary, it may direct the Subordinate Court to investigate into question into question of
fact and make a report.
14. Every Petition made by the Advocate General under sub-section (2) of Section 15 of the Act shall
state the relevant facts on the basis of which it is alleged that the contempt apears to have been committed
by the person/persons named therein. The Petition shall broadly summarise the relevant material justify
filing of the Petition.
15. Unless otherwise ordered by the Court, four copies of the Paper Book shall be prepared in the office
of the Prothonotary and Senior Master or the Registry, one for the petitioner, one for the opposite party
and the remaining for the use of the Court. The Paper Books shall consist of the following documents :-
(i) Petition and Affidavits filed by the Petitioner,

(ii) A copy of, or a statement relating to, the objectionable matter or material constituting the alleged
contempt.
(iii) Reply and Affidavit of the Opposite Party, if any ?
(iv) Copies of Documents filed by the parties
(v) Any other documents which the Prothonotary/Registrar may deem fit to include.
16. The Court may direct the Advocate General to appear and assist the Court.
17. The Court may, if it has reason to believe, that the person charged is absconding or is otherwise
evading service of notice, or if he fails to appear in person or to continue to remain present in person in
pursuance of the Notice, direct a Warrant bailable or non-bailable for his arrest or may direct attachment
of his property as may be specified in the Order by the Court. The Warrant shall be issued under the
signature of the Prothonotary or Registrar or Officer on Special Duty as the case may be. The warrant
shall be executed, as far as may be in the manner provided for execution of warrants under the Code of
Criminal Procedure.
18. The Court may pass such orders as it thinks fit including Orders as to costs which may be recovered
as if the Orders were a decree of the Court.
19. (a) Every Notice issued by the High Court or Designated Court to the contemnor shall be
accompanied by a copy of Petition or Reference, as the case may be, together with the copies of Affidavit,
if any,
(b) Such Notice issued by the High Court or Designated Court shall be signed and dated by the
Prothonotary or Additional Prothonotary or Officer on Special Duty or Assistant Registrar and shall be
sealed with the seal of the High Court or the concerned Court.
(c) Notice of every proceeding under this Act shall be served personally on the person charged, unless the
Court, for reasons to be recorded, directs otherwise. In the case of service may be effected in the manner
prescribed under the Code of Civil Procedure and Procedure and/or the High Court Rules or the Rules of
the concerned Court for service of process.
20. Whenever the High Court or designated Court issue a notice, it may dispense with the personal
attendance of the person charged with the contempt and permit him to appear through an Advocate and in
its discretion, at any stage of the proceeding, direct the personal attendance of such person, and, if
necessary, enforce such attendance in the manner herein above provided.
21. When any person charged with contempt appears or is brought before the Court or the designated
Court such person/persons may be released on bail on such terms and conditions as the Court may be
deem fit and proper.
Enquiry
22. (a) Any person charged with contempt, may file Affidavit in support of his defence on the date fixed
for his appearance or on such other date as may be fixed by the Court in that behalf.
(b) if such person pleads guilty to the charge, his plea shall be recorded and the Court may, in its
discretion, convict him thereon.
(c) If such person refuses to plead or does not plead, or claims to be tried or the Court does not convict
him on his plea of guilt, it may determine the matter of the charges either on the Affidavits filed or after
taking such further evidence as it deems fit.
23. The Rules contained in Bombay High Court Rules pertaining to grant of copies, process fees and
translation of documents and such other matters in respect of which no provision is made in the Rules
shall mutatis mutandis apply to the proceedings in the High Court and designated Court.
24. Every Petition or reference in respect of Civil contempt including Civil contempt of a subordinate
Court shall be heard and disposed of by a single Judge.
25. (a) In case of contempt arising out of a proceeding on the Original Side of the High Court, the petition
shall be on the original Side of the High Court.
(b) In case of contempt arising out of a proceeding on the Appellate Side of the High Court, the Petition
shall be filed on the Appellate Side.
(c) Petitions or Reference for Contempt of Subordinate Courts shall be filed on the Appellate Side.
(d) In case of contempt arising out of proceedings before the Designated Court, the petition shall be filed
before the Designated Court. All the rules herein shall apply mutatis mutandis in respect of Contempt of
the Designated Court.
PART III
26. Where a person charged with contempt is adjudged guilty and is sentenced to suffer imprisonment, a
Warrant of Commitment and detention shall be made out under the signature of Prothonotary or Registrar
or Officer on Special Duty as the case may be.”
CHAPTER XXXV
POST AND CORRESPONDENCE
668. Correspondence intended for the Original Side of the High Court should be addressed to the
Prothonotary, and intended for the Appellate Side of the High Court to the Registrar, High Court,
Appellate Side.
669. The following documents and papers should be dispatched to the Prothonotary and Senior Master,
High Court :-
(i) Decrees and orders from the Mofussil Courts, which are intended to be executed by the High Court;
(ii) Commissions and other documents forwarded by the Prothonotary and Senior Master to the Mofussil
Courts which are required to be returned to the High Court; and
(iii) All returns to processes received from the Prothonotary and Senior Master for service by the Mofussil
Courts.
670. On receipt of a writ from the High Court, the receiving Court should at once endorse thereon the date
of its receipt. The writ should be returned to the High Court with an endorsement on it either certifying its
execution or, if it is not executed, giving reasons which presented the Court from executing the same. If
the writ is not returned within the time prescribed in it, reasons must be given explaining the delay.
671. Each of the following documents should be forwarded to the High Court in the manner indicated
against it without an accompanying letter :-
(1) Civil Monthly and Yearly Returns....................... by an endorsement on the return only.
(2) Receipts for record and proceeding returned by the High Court.................. by signing them only.
(3) Processes sent to the District Judges for service.............................. by an endorsement made on the
High Court's forwarding letter.
672. Whenever any papers are sent to any Court by parcel post because they are bulky or for any other
good reason, a separate letter should be sent to such Court,
In the event of any papers not being received from the High Court within a reasonable time after the
receipt of the letter advising the despatch, the fact and circumstances should at once be reported to the
High Court.
673. Subject to the provisions of rule (8) of Civil Courts' Accounts, in Chapter XL of this Manual, all the
amounts shall be sent by money orders after deducting money order commission therefrom. If the amount
thus to be sent contains a fraction of a rupee, then the said fraction of a rupee shall be retained in court for
a period of one year with intimation to the parties concerned on money order coupon that if the same is
not collected either personally or through an Advocate within a period of one year it shall be credited to
Government. The undisbursed amounts shall accordingly be credited to Government regularly after a
period of one year from the date of sending of money order.
674. If any process, notice or any other document is transmitted by post, the postal charges should be paid
in the form of service postage stamps without any additional charge being levied from the parties at
whose instance or for whose benefit, the documents are issued.
675. Official correspondence transmitted by Inland post should be stamped in accordance with the rules
relating to private correspondence.
676. (1) All letters addressed by Judicial Officers, in their official capacity, to private individuals or
associations may be sent under service paid postage.
(2) All references, declarations, statements, etc. made by Government servants under compulsion of the
Service Rules should be deemed to have been made for public purpose and Government servants should
be permitted to make use of service postage and Government Stationery for such references etc.
677. To avoid the danger of loss of documents in transit, all orders and processes issued by the Civil
Courts under Order XXI, rules 48 of 57, Civil Procedure Code or similar other matters addressed to the
revenue or other authorities should be sent by registered post, acknowledgment due.
678. Service stamps can only be used on the official correspondence despatched to United Kingdom or
Commonwealth countries but not on official correspondence addressed to other countries.
679. Travelling expenses of a witness should not be remitted to him until the acknowledgment of the
summons for attendance sent to him is received.
680. (1) Every letter and petition received from any person which does not require judicial consideration
should be acknowledged in standard form No. Gen. 236 e.
(2) A formal acknowledgment is necessary unless---
(a) a reply can be, and is, sent within 48 hours, or

(b) the person concerned has previously been informed that no further communications on the same
subject will be answered.
(3) In addressing members of the public, the memorandum form of address should not be used.
(4) Requests for information should not be treated as if they were applications requiring judicial orders
nor should the enquirer be asked to appear in person or by lawyer. It is impossible to enumerate cases in
which information should or should not be given. The Judge concerned must use his discretion. As a rule,
however, information should be given, if it can be supplied without disproportionate trouble, or is not
otherwise readily obtainable by the person asking for it, provided, however, the inquiry is not undersirable
and does not have the effect of avoiding legitimate fees. If information is refused, the reason for refusal
should be briefly and courteously given.
681. All correspondence on which final action is to be taken by Government should always be sent in
duplicate.
682. The following memorandum of instructions should be followed as regards official correspondence
between District Judges and Government :-
Memorandum
I. In the following matters, communication between Government and District Judges will ordinarily be
direct :-
(1) Matters affecting their courts in relation to finance or buildings. Specific instances of such matters and
kindred matters are---
(a) Budget Estimates,

(b) Proposals for additional grants.
(c) Re appropriation reports.
(d) Statement of Expenditure.
(e) Contract Grant.
(f) Audit of Accounts.
(g) Advances for motor cars to Judicial Officers.
Note :- In case of special reasons, if any, the correspondence may be routed through the High Court.)
(2) Matters in which Government desire information on questions of fact relating to a particular Court.
Specific instances of such matters and kindred matters are--
(a) Returns of Probates and Letters of Administration

(b) Annual Returns showing appointments to the several cadres of men from Backward Class.
(3) Matters in regard to which the High Court may have given general direction to District Judges to
communicate directly with Government.
II. On all other matters, communication between Government and District Judges will be through the
High Court.
683. No Court shall enter into correspondence with any foreign State, or authority or court therein except
where it is specifically permitted to do so.
684. Correspondence by Executive Officers with Judicial Officers.-- The Government in consultation
with the High Court have directed that Executive Officers should scrupulously observe the following
procedure as regards correspondence with Judicial Officers :-
(1) There is no objection to the Collectors and other Executive Officers addressing the District Judges and
other Judicial Officers in routine matters, subject to the following conditions :-
(a) Only the Head of the Department or at any rate the Head of Office should correspond direct with the
District Judge in routine matters.
(b) The Officers may use their discretion in deciding whether a particular matter is routine or otherwise
and then consider whether or not they should correspond direct with the District Judge. Similarly the
District Judge may also decide in his discretion whether a particular matter referred to him direct by the
District Officers is routine or otherwise and if he considers that the matter referred to him is not of a
routine nature, he may return the correspondence to the officer concerned or may move the High Court.
(c) No Executive Officer should enter into any correspondence directly with the subordinate Judicial
Officers. All correspondence, whether routine or otherwise, must pass through the District Judge.
(2) In matters other than routine matters, the executive officers should address the Government, which
would in turn address the High Court.
685. Two separate Registers of correspondence — Inward and Outward —shall be kept in the office of
the District Court and of the Civil Courts in the prescribed forms. The serial numbering shall commence
afresh on the 1st January of each year.
686. The letters and memorandum received shall at once be entered in the Inward Register before being
dealt with or put up for orders, and those to be issued shall be registered in the Outward Register on the
day of despatch and shall bear the date of that day.
687. Entries in Inward and Outward Registers of correspondence should be as clear and concise as
possible.
688. An index of case-files shall be maintained according to the classification prescribed hereunder. All
correspondence shall be given appropriate major and minor heads and number in conformity with the
classified list.
689. When any letter, memorandum or endorsement which is received and entered in the register, relates
to any pending file, it should be brought on the file after nothing the major and minor heads of the
subject. If it does not relate to any pending file, a new case file should be opened numbered and entered in
the index of case files.
690. Correspondence shall be classified under four major heads, namely, (A) Judicial; (B) Administrative;
(C) Finance; and (D) Works. Each major head shall be sub-divided according to the list appended hereto.
Every letter, memorandum, etc., shall bear the major head, to be shown by the relevant marks A, B, etc.
and the serial number of the minor head of the subject; e.g.; correspondence pertaining to contingencies
shall be shown `C3', and when any communication relating thereto is issued, it shall bear the mark `C3'
followed by the outward number and year, and the date, e.g., C3-50/1960, dated 1st February 1960.
691. All correspondence issued from the offices of the District Court and Civil Courts, shall show at the
right hand top the major head and minor head of the subject in addition to the date and serial outward
number of despatch.
692. Administrative correspondence directly relating to suits, appeals or proceedings which are pending
shall be filed with the papers thereof, But copies of such correspondence may be kept with the relevant
subject-file, if any, or in the miscellaneous file, if, in the opinion of the District Judge, or the Presiding
Judge, it is necessary to keep such copies.
693. The papers relating to one subject shall be tacked together in chronological order, the earliest paper
being on the top. All note sheets shall also be arranged chronologically.
694. Correspondence with subordinate Courts including Small Causes Court in the district should be
conducted by memoranda and not by official letters.
695. All confidential communications shall be sent in double covers, the inside cover being addressed by
name to the person for whom it is meant, marked `Confidential', and sealed, while the outer cover may be
addressed in the ordinary way.
696. On the first day of each month, the entries in the Inward and Outward Registers shall be examined,
and all unanswered references pending for more than fifteen days separately noted on a pending list. The
Clerk of the Court is responsible for the correctness and completeness of the list, and shall place it, not
later than the 7th of each month, before the District Judge, or Presiding Judge, for perusal and orders.
697. All case-files of correspondence, after disposal, shall be maintained and kept in proper custody, after
arranging them under major and minor heads prescribed herein. They should be kept yearwise, and
periodically checked in order to see that no case-file is missing.
A—Judicial B—Administrative C—Finance D—Works
1. Transfer of Judicial 1. District, Joint and 1. Budget. 1. Major Works

Proceedings. Assistant Judges and Small
2. Permanent Advance. 2. Minor Works.
Cause Court Judges.
2. High Court Writs
3. Contingencies. 3. Repairs.
2. Chief Judicial Magistrate,
3. Processes, decrees and
Civil Judges and Judicial 4. Salaries and allowances. 4. Residential quarters.
Commissions issued to
Magistrates (Appointments,
other Courts. 5. Deposits. 5. Accommodation for Courts.
leave, etc.)
4. Processes, decrees and 6. Pension and Gratuities. 6. Miscellaneous
3. Law Officers.
Commissions received
7. Provident Fund and Life
from other Courts. 4. Establishment.
Insurance.
5. High Court Judgments. 5. Judicial Conferences.
8. Advances.
6. Miscellaneous file. 6. Council questions.
9. Securities of officials.
7. Departmental and Hindi
10. Refunds and remissions.
Examinations.
11. Diet money.
8. Vacations and Holidays.
12. T.A. Bills.
9. Deputations of Judicial
Officers. 13. Furniture, etc.
10. Election Tribunals. 14. Misappropriation
11. Acts and Regulations. 15. Library.
12. Inspections of Civil and 16. Fees to the Lawyers of the
Magistrates Courts. Indigent persons and appointed
under the Legal Aid Schemes.
13. Returns and Statements
of Court work to High 17. Dead Stock, Stationery, etc.
Court.
18. Miscellaneous.
14. Returns and Statements
to Government.
15. Returns to District Court
by subordinate Courts.
16. High Court and District
Court circulars.
17. Pleaders' Sanads.
18. Complaints against staff.
A—Judicial B—Administrative C—Finance D—Works
19. Complaints against Lawyers.

20. Government Notifications and
Resolutions.
21. Indents.
22. Confidential file about work
and conduct of establishment.
23. Miscellaneous.
CHAPTER XXXVII
LIBRARIES
703. In each District Court there should be two libraries, which may be called the Court Library and the
Bar Library. The former should contain books, which are for the sole use of the Judges and their
establishments. The other Library should primarily be for the use of the members of the Bar.
704. In other Courts there should ordinarily be one library under the control of the Presiding Officer of
the Court. The members of the Bar should be permitted to have access to and to borrow books from this
library, subject to such directions as the Presiding Officer may from time to time give in this behalf. It
will be open to the members of the Bar to have their own separate library, if they so desire.
705. The books contained in the Bar Library are purchased primarily from the subscriptions realised from
its members. There is no objection to Judges becoming members of the Bar Library. As each Bar Library
is given assistance by way of rent-free accommodation and also by supply of certain books at
Government expense, each Bar Library shall frame rules on the lines of the model rules set out in
paragraph 708 below and obtain the approval of the High Court to these rules. No books purchased at
Government expense shall be supplied to any Bar Library, until it has framed such rules and until they
have been approved by the High Court.
706. The District Judge may purchase books from their contingent grants subject to the condition that all
charges so incurred are within the budget allotments sanctioned. He may in his discretion place any such
books in either the Bar or the Court Library.
Court Libraries
707. (1) The books in a Court Library shall be kept in charge of a clerk appointed for the purpose by the
Presiding Officer of the Court. As soon as a clerk takes charge of the books in the Court Library, he shall
make a report to the Clerk of the Court about the condition of books, and missing books, if any.
(2) The Library Clerk receiving publications from Government, whether they are intended for the Court
Library or for the Bar Library, shall immediately, after receipt, register them as well as books purchased
from Government funds, in a catalogue, which shall be kept in the following form :-
Form of Register for Library Books prescribed by the High Court vide para 707(2) of Chapter XXXVII of Civil Manual 1986.
Class Sub Serial Name Title Number Volume Date of Price Where Order Bill Voucher With Remarks Margin for
head, number of (Volume of copies number receipt of the kept No. No. and date drawn and cutting and
if Author if any) received book. (a) and of date. signature numbering
any. Room, date. payment of the
(b) Library
Cup- Clerk.
board
(if
any),
(c)
shelf
(if
any).
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
The right-hand margin of the catalogue shall be so cut and numbered as to show where the entries under
each class and sub-head represented by the numeral prefixed thereto in sub-paragraph (3) are to be found.
All entries in the catalogue shall be initialled by the Presiding Officer of the Court immediately after they
are made. In the case of the District Court Library, they shall be initialled by the Clerk of the Court.
(3) Books shall be classified in the cataglogue in the following manner :-
I. Regulations, Ordinances and Acts.

II. Special Acts (when printed separately).
III. Commentaries, annotated Acts and Text Books.
IV. Law Digests and Index of Cases.
V. Departmental Codes, Circulars and Manuals --
(i) Civil.
(ii) Criminal.
(iii) Finance Department.
(iv) Home Department.
(v) Miscellaneous.
(vi) Law Reports. --
(1) I.L.R.--
(a) Bombay Series.
(b) Calcutta Series. After binding.
(c) Madras Series.
(d) Allahabad Series etc., as necessary
(2) Bombay Law Reporter.
(3) All India Law Reporter.
(4) Other Law Reports.
VII. Periodicals.
VIII. Dictionaries, Glossaries, Lists and Directories.
IX. Bound Gazettes.
X. Statutory Rules.
XI. Miscellaneous.
(4) It shall be the duty of the Library clerk :-
(i) to stamp the seal of the Court on the title page and 10th page of the book.
(ii) to affix on the lower portion of the spine (back) of the book a label mentioning its serial number.
(iii) to affix on the inside of the cover of every book a label in the following form :-
Court library at
Class Room
Sub-head Cupboard
Serial No. Shelf
Received on
These labels will be supplied on indent, by the Superintendent, Government Printing and Stationery,
Bombay, as standard form No. Civ. B64-Eng.--
(iv) to check the catalogue every two months and report having done so to the Judge.
(v) to report the loss of any book as soon as it is discovered.
(vi) to report every six months to the Clerk of the Court whether the books are in good condition and
whether any book is missing or damaged, and
(vii) to paste correction slips and make amendments in (a) India Acts, (b) Bombay Code, (c) Rules and (d)
Departmental manuals.
When the loss of any book is reported, the Judge shall ascertain from the charge certificates of the clerks
concerned the person who is responsible for the loss, and then decide whether the cost of the missing
book should be recovered from the clerk or clerks concerned.
(6) Where any book is in constant use with an officer, a note to that effect shall be made in column 7 of
the catalogue.
(7) In the case of the District Court Library, such Judge working at the District headquarters, as the
District Judge may appoint in this behalf and in the case of Court Libraries at other stations, the Civil
Judge, Junior Division, and if there is more than one Civil Judge at such place, the principal Civil Judge,
shall, from time to time, as he may think expedient, and at least once in each year inspect and verify the
books in the Library.
(8) Such Civil Judge shall, on taking charge of the Court, inspect the books and verify them with the
catalogue which he will sign. If any book is missing, he shall at once make a report to the District Judge,
who may make such enquiry and take such steps for replacing it or otherwise as may appear necessary.
(9) All letters and correspondence relating to books shall be kept in a separate file.
(10) Gazettes shall be regularly filed and, at the end of the year, bound into annual volumes.
(11) The Indian Law Reports should be regularly bound as soon as the volumes are completed and index
is received.
(12) No books should be removed from the Court building except by a Judge or Judicial Magistrate who
must give a receipt to the Library clerk for any book he takes home with him and take it back on returning
book.
(13) Orders for the removal of obsolete books should be obtained at least every two years from the
District Judge.
(14) Books, which are obsolete or of no use, may be sold or otherwise disposed of with the permission of
the District Judge.
707-A. RESIDENTIAL LIBRARIES FOR JUDICIAL OFFICERS
1. There shall be a library of books at the residence of each Judicial Officer working at the station.
2. A centralised catalogue be maintained in District Court Library in respect of books supplied for
residential library. It should be in the following from :-
Serial No. Name of book with Vol. No. Name of Author No. of Copies purchased
1 2 3 4
Date of Receipt Price of Book Order No. Bill No. and Date
5 6 7 8
Voucher and Date of Particulars regarding its distribution Signature of Library Clerk
payment
9 10 11
3(a) The catalogue of books in the form mentioned in Regulation No.2 above, shall be maintained in
duplicate for the residential library of every Judicial Officer
The books supplied to the Judicial Officer be verified with the catalogue maintained by the Judicial
Officer as well as the Superintendent or Assistant Superintendent or Judicial Clerk or Interpreter, as the
case may be, on the last working day before opening of Summer Vacation.
3(b) One copy of the catalogue is to be kept in the residential library.
3(c) The another copy of catalogue is to be kept in the custody of the Superintendent or the Assistant
Superintendent or the Judicial Clerk or the Interpreter, as the case may be.
3(d) As and when new books have been supplied to the residential library, they shall be entered in the said
catalogue forthwith and the Judicial Officer shall acknowledge the receipt of books under his signature, in
the central catalogue and shall also make an entry of the new books received in the catalogue of books
kept at his residence.
4(a) Before the opening of Summer Vacation, Personal Assistant or Sheristedar or concerned staff
member, as the case may be shall submit a verification report certifying that all the books supplied to the
residential library of Judicial Officer are forthcoming.
4(b) Where any book or books in the residential library is or are found to be missing, damaged or
destroyed at the time of annual verification and while handing over charges on transfer, the concerned
Personal Assistant or Sheristedar or staff member shall make report thereof with all particulars to the
District Judge or Principal Judge as the case may be.
5. The concerned Judicial Officer shall be solely responsible for such missing or destroyed books in the
residential library, unless he gives any explanation to the satisfaction of the District Judge or Principal
Judge, as the case may be, to show that such missing, damage or destructions has occurred inspite of due
care and caution taken by him.
6. The concerned Judicial Officer is given an option to provide the same book or books or to pay for the
book or books missing or damaged or destroyed at his instance.
7. On his transfer, the concerned Judicial Officer shall specify the Superintendent, Assistant
Superintendent or any other staff member as the case may be, who shall take charge of all books,
cupboards, catalogues, magazines, periodicals from the concerned Judicial Officer. In case of deficit, the
Superintendent or Assistant Superintendent or any other staff member, as the case may be, report the
matter to the District Judge or Principal Judge, concern forthwith.
The above procedure is also required to be followed if for some other reasons the designation of a
particular Judicial Officer is changed and he continued to remain posted at the same station.
8(a) The concerned Personal Assistant or Sheristedar or staff member as the case may be shall maintain
and preserve residential library and the expenses required for such maintenance and preservation
including binding charges of the books are to be borne by the District Court or concerned Courts in
Greater Bombay by making some financial provision.
8(b) The expenses if any required to be incurred for carrying the books from the residence of a Judicial
Officer transferred to the residence of the another Judicial Officer to whom the books are to be supplied,
be borne by the District Court or the concerned Courts in Greater Bombay.
8(c) The concerned Judicial Officer shall take adequate precaution to see that residential books are kept
free from being eaten by white ants by making arrangement by using spray or using gammexane powder,
periodically.
9. Incoming Judicial Officer shall take charge of all books of the residential library and the aforesaid
things from the Superintendent or Assistant Superintendent or the staff member as the case may be,
immediately after his taking over the charge of his Court at station and shall submit the report of the same
to the District Judge or Principal Judge, as the case may be.
10. During transit period the Superintendent or the Assistant Superintendent or the concerned staff
member of the Court as the case may be, shall be over-all incharge of the residential library books and
other material and he shall be responsible for missing, damaged and destroyed books and library material
during transit period.
11. Where any change or destruction is caused to the residential library books or any material due to vis-
major or by theft or accidental fire or house breaking or dacoity or white ant, etc. or on account of any
reasons beyond the control of the concerned Judicial Officer, he shall make report of the same containing
all the necessary details to the District Judge or Principal Judge as the case may be, forthwith and the
liability for such loss of books may not be cost on the Judicial Officer.
708. The following shall be Model Rules for Bar Libraries :--
I. The Library shall be known as the ................................. Bar Library.

II. No person shall make use of the Library other than duly enrolled members.
III. Membership shall be open to the following only :--
(a) Judges serving in the District;
(b) Lawyers entitled to practise in the Courts in the District;
(c) Police Prosecutors serving in the District;
(d) Such other person as the Managing Committee may admit to membership:
Provided that where the Presiding Judge of the Court is not a member of the Managing Committee, no
person shall be admitted under clause (d) above without the Presiding Judge's consent in writing.
IV. All members shall be required to pay a monthly subscription at rates to be fixed by the General Body
and approved by the District Judge.
V.(1) All use of the library shall be prohibited to a member whose subscription is in arrears by more than
two months, until he shall have paid all the arrears together with the subscription for the current month.
(2) A subscription shall be deemed to be in arrears from the first day of the month next after the month on
account of which the subscription was due.
VI.(1) Any member other than a salaried officer of Government found guilty of conduct which is deemed
unworthy of his profession may be deprived of his membership by the vote of not less than 2/3 rd of the
members present at a General Meeting specially called for this purpose :
Provided that not less than fifteen clear days' notice shall have been given to the alleged offender of the
proposed meeting, together with a full written statement of the purpose for which he meeting is called and
of the reasons for calling it :
Provided further that no action shall be taken to the detriment of the alleged offender without giving him
an opportunity at the meeting to explain his conduct.
(2) A member deprived of his membership under the foregoing provisions shall not be readmitted to
membership except by the vote of not less than 2/3 rd of those present at a General Meeting specially
called for this purpose.
VII. An ordinary General Meeting shall be held in the Library once a year in the month of , upon a date
and at a time suitable to the majority of the members.
VIII. A Special General Meeting shall be held at any time upon the requisition of not less than members.
IX.(1) There shall be given not less than seven clear days' notice in the case of a Special General Meeting
and not less than twenty-one clear days' notice in the case of an Ordinary General Meeting.
(2) In either case, such notice shall be accompanied by a statement of the Agenda.
(3) No subject not included in the Agenda shall be considered at the Meeting except by consent of the –
majority of those present.
(4) Every General Meeting shall be presided over by a Chairman to be elected at the time. The Chairman
shall exercise no vote except in the case of a tie.
(5) For the purpose of a General Meeting members shall form a quorum :
Provided that when a General Meeting is adjourned for want of a quorum, three members shall suffice to
form a quorum at the subsequent meeting, which subsequent meeting shall not have the power to consider
any matter which was not upon the Agenda for the original meeting.
X. The general management of the Library shall be in the hands of a Managing Committee consisting of
members.
XI. If the Presiding Judge of the Court is a member of the Managing Committee, he shall be ex-officio
Chairman thereof at every meeting of the Committee at which he is present.
If such Judge is not a member of the Managing Committee, or if, being a member he shall be absent, the
Committee shall elect one of themselves as Chairman at each meeting of the Committee.
XII. (1) The Managing Committee shall be elected afresh every year at the Ordinary General Meeting.
(2) Only members enrolled under clauses (a), (b) and (c) of rule III shall be eligible to serve on the
Managing Committee.
(3) At least one member of the Managing Committee shall be salaried officer of Government; but not
more than two members shall be salaried officers of Government.
XIII. If any member of the Managing Committee shall cease to hold office for any reason before the
expiry of his term, his place shall be filled by co-option by the other members :
Provided that if more than one member so cease to hold office, a Special General Meeting shall be called
for the purpose of filling all vacancies in the Managing Committee.
XIV. A meeting of the Managing Committee may be called at any time on the requisition of any member
of the Committee :
Provided that he shall give not less than three clear days' notice to all the other members, and that there
shall be no quorum if less than ½ the members of the Committee be present.
XV. The Managing Committee shall from time to time appoint one of their members to be Honorary
Secretary and Treasurer. The member so appointed shall in this capacity have authority to expend the
Library funds at any time up to a limit of Rs. 10 on his sole authority for any reasonable purpose
connected with the Library :
Provided that when the limit of Rs. 10 has been reached, the Honorary Secretary and Treasurer shall have
no authority to expend the Library funds any further until he has accounted for the prior expenditure to
the satisfaction of the members of the Managing Committee.
XVI. (1) It shall be the duty of the Managing Committee to take all measures necessary to the
management of the Library with efficiency and economy and so as to afford the greatest possible
convenience to the members.
(2) In particular, it shall be the duty of the Managing Committee (i) to prepare the Annual Budget and
Balance Sheet and to lay these before the Ordinary General Meeting, and (ii) to decide all questions
relating to the acquisition of books for the use of the Library.
(3) The Managing Committee shall also be responsible for the marking and cataloguing of the Library
Books, the keeping of a separate list of books belonging to Government, and for the keeping of the
Library accounts :
Provided that the above duties, and any other duties connected with the Library except those specified in
sub-rule (2) above, may be performed by an Honorary or Paid Librarian. Such Librarian shall be
appointed and supervised by the Managing Committee, and, if not an honorary worker, he shall be
remunerated fnyout of the Libarnds.
XVII. (1) Books shall ordinarily not be removed from the Library.
(2) Upon the written requisition of any member, or of any officer of the Court establishment, any book
may be removed from the Library to any place within the Court precincts.
(3) In special circumstances, any member may remove a book which is not the property of Government
from the Court precincts :
Provided (a) that he does so only after the Court has risen for the day, (b) that the book is not required by
a Judge, (c) that he shall return it before the Court sits on the next working day, (d) that he shall write his
name, the date and the name of the book in a ledger to be kept for the purpose and (e) that he is
understood to accept full and sole responsibility for the book until it is returned to the Library in good
order.
(4) Books which are the property of Government shall not be removed from the Court precincts except by
a Judge on signing for it.
XVIII. Books which are the property of Government shall be open to inspection at any time by the
Presiding Judge of the Court or his representative.
XIX. Government shall have the right to arrange for the audit of the Library accounts at any time, but not
more than once in twelve months; the cost of such audit shall be borne equally by Government and the
Library funds.
XX. Save as hereinbefore provided, the foregoing Rules shall not be altered, cancelled or added to except
by a majority of not less than two-thirds at a General Meeting.
CHAPTER XXXVIII
RETURNS
709. Quarterly returns of the original Civil and Criminal work should be submitted by the Civil Judges
and Judicial Magistrates to the District and Sessions Judge within 10 days from the end of the preceding
quarter i.e. Not later than 10th of the following month in Form À', `B', B-1 and Statement No. V. Forms
À' and `B' should be used by the Civil Judges (Senior Division and Junior Division) and Civil Judges-
cum-Magistrates, Judicial Magistrates doing Criminal work should use Form À' only.
710. The District and Sessions Judge should scrutinies the Returns carefully and forward the Returns of
each Civil Judge, Civil Judge-cum-Judicial Magistrate, First Class and Judicial Magistrate First Class for
whole District to the High Court, along with his remarks in Statement Nos. Ii, III and IV within 3 weeks
from the end of the preceding quarter.
711. The District and Sessions Judge should submit quarterly returns of his Court in forms `C', `D', `D-1'
and Statement No. I so as to reach the High Court within 10 days from the end of the quarter.
712. Where there are Provincial Small Cause Court, the quarterly returns of work disposed of and
pending disposal in Form `F' should be submitted to the District Judge within 10 days from the end of the
quarter. The District Judge should forward the same to the High Court within 3 weeks from the end of the
preceding quarter along with his own remarks thereon.
713. If in any Court the arrears are heavy, the District Judge should state what steps he is taking to clear
them off. If he requires assistance in any Court, he should make a recommendation to that effect to the
High Court.
714. The following instructions should be carefully observed in the submission of the Returns :-
(a) The instructions given in the footnotes to the forms should be carefully observed.
(b) The names of the Judicial Officers should be mentioned along with their designations.
(c) If a Judicial Officer is transferred, is on deputation, or is on long leave, a note about the same should
be made in the returns against his name.
(d) The name of the Judicial Officer on deputation and his disposals while on deputation should be shown
against the Court where he was working on deputation. His disposals in his original Court should be
shown against that Court.
(e) In the case of link Courts or Circuit Courts, the information in respect of each Court should be
furnished separately.
(f) Suits and other matters re-admitted or received by transfer should be entered under the heading
“received during the quarter” along with the new institutions. The cases received by transfer from one
judge to another working in the same Court should be shown in plus and minus signs in the aforesaid
column and proper explanation given in the remarks column or at the foot of the return.
(g) The total number of case (a) pending for arguments for more than seven days from the conclusion of
the evidence and (b) pending for Judgment for more than fifteen days from the conclusion of the evidence
should be separately shown in the remarks column.
(h) Suits in which, after preliminary decrees are passed further action for final decrees is to be taken by
the Court without any application from a partly (e.g. Decrees under rules 12(1)(b), (13), 15, 16 and 18(2)
of Order XX of the Civil Procedure Code) should be treated as pending and shown as such in the
quarterly Returns. Suits in which, after preliminary decrees are passed, subsequent proceedings for
passing final decrees do not arise as a matter of course (e.g. Decrees under rules 12(1)(c) and 18(i) of
Order XX and rules 2 to 8 of Order XXXIV of the Civil Procedure Code), should be shown as disposed of
in the Quarterly Returns.
(i) Suits restored to file, remanded or received back from the Debt Adjustment Courts and those
transferred from another Court should be shown against the same year in which they were originally
instituted.
(j) The Civil Judges should show in the remarks column of their Returns, the number of plaints that have
remained to be registered or otherwise dealt with within one week of their presentation.
OTHER RETURNS AND REPORTS
Returns of arrears
715. When a District Judge or a Civil Judge delivers charge of his Court on transfer whether to his
successor direct or to some one else, he should submit to the High Court a return in the form at page 69 of
Volume II, showing the state of the file on the dates of his receiving and delivering the charge.
Report about attached property and property produced in Civil Proceedings
716. The Small Cause Court Judges and Civil Judges should report to the District Judge at the close of the
year not later than 1st of February that attached property and property produced in civil proceedings has
been examined and the property referred to therein has been properly dealt with.
Return of property of person dying intestate and without known heirs
717. This return must be despatched to the High Court for sanction not later than the 31 st of March. For
form see page 64 of Volume II.
Return of Court fees and Stamp duty paid

on letters of Administration etc.
718. District Judges should keep Register and submit Returns in form at page 65 of Volume II for the
official year on or before the 20th April of each year.
Form of book to be kept in Courts showing payments made under section

34 of the Bombay Stamp Act, LX of 1958.
719. A Register in the following form should be maintained for showing payments under section 34 of the
Bombay Stamp Act, 1958. The entries therein should be made immediately on the receipt of any amount,
paid under the aforesaid section.
A return of entries so made shall be furnished to the Collector at the end of the month :-
Name of party Amount paid

paying the amount
and number of suit Description and date
Date
etc. in which of document On account of On account of
Total
documents is deficient duty penalty
produced
1 2 3 4 5 6
Monthly statement of Refund of Stamp duty
720. The Civil Judges should every month furnish to the Collectors of their respective Districts, through
the District Judges, a statement (in the form at page 69 of Volume II) of court fees which are ordered to be
refunded or repaid to the parties in suits, applications and appeals. The District Judges should similarly
forward information in respect of their own courts.
CHAPTER XXXIX
SUPERINTENDENCE OVER COURTS AND INSPECTION
721. The District Judge is the head of the Judicial Administration in his district. He has general control
over all the Courts in his district and their establishments and is responsible for the proper and efficient
conduct of judicial business in these Courts. This is his personal responsibility, which he must exercise by
keeping a close and constant watch over the conduct of work in all the courts. The administrative work is
an important as judicial work and should never be neglected.
722. The control over the Courts may be exercised in the following manner :--
(i) Scrutiny of periodical returns,

(ii) Periodical inspections,
(iii) Appraisal of the quality of judicial work at the time of hearing of appeals and revision applications,
and
(iv) Personal contacts.
723. (I) Periodical returns and statements prescribed by the High Court and the Government relate to
many subjects, such as ---
(1) Judicial work,

(2) Process making and process serving work,
(3) Account matters, Court fees Service stamps,
(4) Attached property and upkeep thereof,
(5) Library and dead stock,
(6) Copying work.
The information received from various Courts on the aforesaid subjects is generally to be consolidated in
the District Court. This consolidated information provides a useful guide to the District Judge for
exercising effective control on the Courts in the District. The District Judge should therefore, pay
adequate attention to the consolidated information received through periodical returns and statements
prescribed by the High Court and the Government and get the date suitably processed for enabling him to
exercise proper control over the subordinate Courts.
(II) The District Judge may prescribe for the Courts in his own District certain periodical returns and
statements to elicit the information. However, returns and the statements should not be prescribed so as to
elicit very complicated information or information, collection of which would impose on the staff
disproportionately high pressure of time consuming paper work.
(III) The consolidation and scrutiny of the information received through periodicals and statements should
be directed as far as possible towards the following, among others, points :--
(a) Returns and Statements regarding Judicial work :--

(i) Extent and nature of the powers of Judicial Officers posted at a station.
(ii) Pendency in general and of specific category of cases and with reference to the Judicial Powers of the
Judge concerned.
(iii) Whether old matters or cases of any particular category are being neglected or require concentrated
attention.
(iv) Proportion of ready matter to unready matters, stayed matters and obstructed matters.
(v) Observance of special directions issued by the High Court regarding priority in disposal of cases,--
sinedie list, special list etc.
(vi) Adequacy of disposal, weeding out the tendency to neglect work of a particular category etc.
(b) Process making and process serving work :--
(i) Timely movements of papers for taxation, and collection of process fee, making of processes and –
delivering them to the bailiff for service.
(ii) Determination of Beats for Bailiffs and rotation of bailiffs through those beats.
(iii) Bailiffwise and Courtwise percentage of unattended services :--
Process attempted but returned unserved and – process duly served.
(c) Accounts :--

(i) Whether accounts are being maintained in proper form and in the prescribed manner.
(ii) Whether there have been any frauds, misappropriation etc. or circumstances giving rise to the
suspicious thereof.
(iii) Whether reconciliation work is in arrears.
(iv) Whether recoveries are being made as directed or prescribed.
(d) Library and Dead Stock :--

(i) Whether the Registers are being maintained properly.
(ii) Whether the books are verified regularly as prescribed.
(iii) Whether steps are necessary for disposal of obsolete books and non- serviceable items of Dead Stock
articles.
(iv) Whether purchase of new books and items of dead stock is necessary.
(e) Attached Property :--

(i) Whether prescribed Register is maintained upto-date.
(ii) Whether there has been any reason to suspect misappropriation or, embezzlement of attached property
attached under the order of the Court.
(f) Copying work :--

(i) Whether prompt steps are being taken for the disposal of urgent and ordinary application for copying.
(ii) Are there any cases of wrongful priorities in supplying copies.
(iii) Whether the work of the Section-Writer is adequate according to the prescribed norm.
(iv) Whether additional assistance is necessary for copying work.
724. (1) Whenever the District Judge is required to forward to the High Court the consolidated
information obtained through periodical returns and statements, he should submit it along with his
observation thereabout. He should inform the High Court the steps, if any, taken by him for improvement
and better administration.
(2) If the District Judge finds that any of the problems detected on scrutiny of statements and returns
cannot be solved without making a reference to the High Court, he should make his proposal in that
behalf to the High Court.
INSPECTION
725. The District Judge should himself inspect or cause to be inspected by a Joint District Judge or
Additional District Judge (to be nominated by the District Judge) every court (including the District
Court) in his District should carry out inspection within one year, if the number of courts is 12 or less;
within two years, if number of courts is more than 12 but not exceeding 24; within three years, if number
of courts exceeds 24, but does not exceed 36; and so on :
Provided that, where the inspection of a court is carried out after more than one year, the inspection
should cover the total span since last inspection).
726. (1) An inspection should never be regarded as fault finding mission. It should be taken with the
following objects :--
(i) to make observations regarding the functioning of the Court, control of the Judge on the administration
and the Court, relations between the Judge, members of the staff and members of the Bar, the image of
the Judge in public at large, the method and the manner of the working, existence or otherwise of
undersirable, practises etc.
(ii) to ascertain the problems of accommodation (office and residential) administration, establishment etc.
(iii) to attempt to evolve solutions to the problems in consultation with the local Judicial Officers and
other persons, if any, concerned with the problems and to take or cause to be taken necessary steps;
(iv) to train the Judge in discharge of his judicial and administrative duties, to eliminate the mistakes or
lapses noticed during the inspection, to exercise proper control on the court proceedings and the
administration, and to build up a good reputation for himself and the court, so as to, project a respectable
image in the society at large.
(2) The Inspecting Judge should make constructive suggestions to the presiding officer of the Inspected
Court and give guidance for overcoming the difficulties, if any, which are being experienced by him. He
should make suggestions to ensure that undersirable and unauthorised practises are discontinued, mistakes
and errors are rectified and methods of work are so improved that mistakes and errors are not repeated in
future. He should explain the way to avoid errors and faults of the type that is detected, as also of the type
to which he is exposed. Minor matters should be disposed of in a personal discussion with the Judge of
the inspected court but all important points should find a place in the note of inspection required to be
drawn. He should explain to the Judge of the inspected court that the real compliance with the objections
noted in the inspection note, is achieved not only by rectifying the mistakes pointed out in the context of
one item or the other but by rectifying that fault wherever it is committed and by avoiding repetition
thereof in future. He should point out specifically how the compliances should be made, and to make
efforts to obtain on the spot as many compliances with the objections as possible, under his own
supervision. The Inspecting Officer should give a full opportunity to the Judge of the inspected court to
bring to his notice any grievances or difficulties that he might be experiencing and give him proper
guidance, wherever necessary.
(3) The Inspecting Officer should not leave the entire work of inspection to the members of the staff. He
should himself visit the place where the court is situated and stay there for a day or two. He should
himself read the inspection notes prepared by the office and discuss them, or at least the important matters
referred to therein, with the Judge of the inspected court in the course of that stay. He should meet the
members of the Bar, members of the staff and the desirous members of the litigant public and discuss with
them and with the Judge of the inspected court, any matters which they may wish to bring to his notice.
727. (1) The District Judge should give due notice of the probable date of inspection to the Judge of the
inspected court.
(2) The District Judge may also carry out or cause to be carried out surprise inspections when he deems it
proper to do so.
728. (1) Whenever an inspection of a court is being taken after advance notice, the presiding Judge of the
court proposed to be inspected, shall deliver to the inspecting authority, at the time of commencement of
the inspection, the information in the proforma given below. Where the inspection is a surprise inspection,
the information should be supplied, in the course of inspection, in the said proforma.
(2) It shall be the duty of the Judge, presiding over the court that is being inspected or to be inspected, to
supply to the authority such other information, as may be necessary, to facilitate the inspection.
(3) The proforma in which the information referred to in sub-para (1) of this para, shall be supplied.
(i) Particulars about Presiding Judge :---

(a) Name;
(b) Date on which he came to this court;
(c) Whether exercising summary powers;
(d) Extent of small cause powers;
(e) Whether invested with any Jurisdiction under any Special Law or Act;
(f) Whether undergone any training prescribed by the High Court;
(g) Special remarks.
(ii) Particulars about previous inspections :--
(a) Date of previous inspection;

(b) By whom;
(c) Whether all objections have been complied with;
(d) Whether there were any directions to the Judge or to the Staff in the previous inspection note;
(e) The reasons for not complying with the objections and obeying the directions given in previous
inspection note, if any.
(iii) Particulars regarding buildings :--
(a) State of buildings;

(b) Proposals for repairs, additions, alteration, if any, already made;
(c) Proposals for repairs, additions, alteration, to be made;
(d) Provision for residential accommodation for Judicial Officers,
(e) Provision for residential accommodation for class III and class IV servants.
(iv) State of File :--
(a) State of Civil and Criminal file, as it was at the beginning of the quarter in which last inspection was
taken and as it exists on the first day of the quarter in which present inspection is being taken, should be
shown separately in the following proforma :
CIVIL
Categories of the Total Ready Unready Commissioner Revenue Stayed

proceedings Unobstructed Court
1 2 3 4 5 6 7
Total of each column under respective column.

Categories of the Total Below three Above three Above six Above nine Over nine
proceedings months months and months and months and months and
below six below nine below twelve one year
months months months
1 2 3 4 5 6 7
For Sessions Court
Categories of the proceedings Total Below three months Above three months and
below six months
1 2 3 4
(b) Remarks of the presiding Judicial Officer on the state of file :--
(v) Particulars regarding the practising Lawyers :--

(i) Number of Lawyers practising in the Court,
(ii) List of practising Layers :
(vi) Particulars regarding the members of the Staff --

(i) List of the members of the establishment shall be in the following proforma.
Name Age Educational qualifications Official Title Pay Remarks
1 2 3 4 5 6
It should be noted in the remarks column whether any member of the establishment is due to retire or
working during extension period. It should also be stated whether any members of the establishment are
nearly related to one another.
(ii) Statement showing the distribution of work amongst the members of the staff;
(iii) Statement showing the appointments of the members of the staff as Commissioner and Receivers
since the last inspection.
729. (1) The Inspecting Officer shall himself examine the record of at least five pending cases and five
disposed of cases of all categories of proceedings. He should pay special attention to the following points
while carrying out the inspection of a Civil Court
(2) Overlapping questions may be replied only once.
(3) While replying the questions in the questionnaire the Inspecting Officer should not simply say “Yes”
or “No.” but should also give full justification for his replies and evidence wherever necessary disclosing
the names of the persons who may have supplied information in this behalf.
(4) While replying the questionnaire on the question form, the Inspecting Officer shall reproduce every
question in full and write his reply against it. He shall not mention only the question number and state his
reply against that number. To save labour and time involved in reproducing the questions, the Inspecting
Officer may use cyclostyled forms of the questionnaires ensuring that they are legible without difficulty.
(5) While giving answers on the questionnaire, the Inspecting Officer shall state in a bracket the page and
paragraph the Inspection note on which the point is referred to in details.
(6) The questionnaire and the replies thereto shall be submitted confidentially to the High Court soon
after the inspection is concluded.
Questionnaire for the use of District and Sessions Judges for the purpose of a Civil
Court and a Criminal Courts
Civil Courts : Judicial Work and Procedure
1. (a) Did you find the Judge regular in attendance and generally sitting for the prescribed hours ?
(b) Was he properly dressed ?
(c) Did he conduct himself satisfactorily while hearing cases ?
2. (a) Did you receive any complaint regarding irregular attendance and/or sitting in Court of the Judge ?
(b) If yes, did you inquire into the complaint ?
(c) If so, with what result ?
3. (a) Did you check the Kacha Registrar of suits and proceedings filed with the Clerk of the Court ?
(b) Is it properly maintained ?
(c) Is it daily closed and initialled by the Judge as required ?
(d) Did you find any Civil matters unregistered or unattended to for a long time ?
4. Did you find or suspect Clerk of the Court having received any – time barred proceeding and entered it
in the register ante-dating-it ?
5. Did you find the Judge arranging his Board properly and observing instructions contained in paragraph
244 of the High Court Civil Manual ?
6. Did you find the Judge fixing the dates personally in open Court or leaving the matter to his Bench
Clerk ?
7. (a) Did you find that the dates were given by the Bench Clerk ?
(b) Did you inspect any proceedings in order to find out whether or not the Bench Clerk followed any
corrupt practices in giving dates ?
8. (a) Did you notice any frequent adjournments being granted by the Judge for filing written statements ?
(b) If yes, what are the grounds generally for such adjournments ?
(c) What steps do you suggest to avoid them ?
9. (a) Did you find inordinate delay in framing issues in suits ?

(b) If yes, what according to you are the reasons for such delay ?
(c) What steps do you suggest to avoid the delay ?
10. (a) Did you find old suits/or proceedings pending on the file of the Judge-
(b) If yes, what according to you, were the reasons for such suits and/or proceeding remaining undisposed
of for a long time ?
11. Does the Judge following the procedure of examination of parties and discovery and inspection laid
down in order X and order XI of the Code of Civil Procedure ?
12. Did you notice that instead of generally taking up cases for hearing in their chronological order simple
cases were picked up by the Judge to make a show of number of disposals by putting aside or adjourning
old and difficult cases ?
13. Did you find that the adjournments in matters more than one year old were granted quite frequently
and leniently ?
14. (a) Did the Judge exercise proper control over the commissioner appointed in various proceedings ?
(b) Did you find him seeing that the Commissions were generally executed within the time fixed without
repeated extensions ?
15. (a) Did you find any suits and/or proceedings pending for more than a year for Commissioner's Report
?
(b) If yes, what were the main reasons for same ?
(c) What steps do you suggest to expedite such reports ?
16A. Did you notice any instance in which Judgment was delayed by the Judge beyond a month and/or
the same was not shown as pending for Judgment in the monthly Return ?
16AA. Did you physically verify that the Judgments in all Civil matters decided during the six months
preceding the date of your inspection, if records, are not already despatched to the Record Room, were
forthcoming ?
16AB. Did you verify that the judgments in the cases shown in the monthly returns as contested disposals
were really the contested Judgments ?
16AC. Did you physically examine the judgments in the cases shown as disposed of by Judgments in the
monthly returns for six months preceding the date of your inspection with a view to ascertain whether the
disposals were adequate as per norms laid down ?
16AD. If you have found any malpractices or irregularities in the context of Judgments, adequacy of
disposals or deliberate incorrect statements in monthly returns regarding disposals, have you obtained the
explanation of the presiding officers ?
16B. Are the provisions about sine-Die list properly followed ?
17A(a). Was there any definite system followed in the assignment of suits or other proceedings by the
Principal Civil Judge (Senior Division) or by Principal Civil Judge (Junior Division) to his Joint Judges ?
17A(b). If yes, was it fair and equitable ?
17B. Has the Judge reserved any particular days for hearing Civil Matters ?
If not, is it possible to do so in view of the Criminal File ?
17C. Has the Judge paid sufficient attention to Darkhast and Misc. Judicial Work ?
18. Did any Judge complaint to you about unfair distribution ?
19. (a) Did you find any discrepancies in the Accounts of the Court, particularly between the Cash Book
and the Treasury Pass Book ?
(b) If yes, could you reconcile them ?
(c) If not, do you suspect any fraud, misappropriation or falsification of Accounts ?
20. (a) Did you notice any erasures, interpolations or corrections in the Cash Book or C.D.G and H
Registers or Daily Fee Book ?
(b) If yes, do you suspect any fraud, misappropriation or falsification of Accounts ?
21. Are the Accounts, particularly the Cash Book written daily and placed before the Judge daily for his
signatures ?
22. Did you find remittances to the Treasury being made regularly and without delay ?
23. (a) Did you verify the cash balance in Nazir's hand ?
(b) Did it tally with that shown in the Account Books ?
(c) If not, what are the reasons for the difference ?
(d) Do you suspect any fraud, misappropriation or falsification of accounts ?
(e) If yes, what steps did you take ?
24. Were you satisfied that the cash balance in hand was reduced to the minimum prescribed by regular
remittances to the Treasury ?
25. (a) Did you find that the cash in hand exceeded the limit ?
(b) If so, how often during the year before your inspection ?
(c) What are the reasons for retaining excess cash in hand ?
(d) Was it done with the permission of the Judge ?
(e) Are you satisfied with the reasons given by the Nazir ?
(f) Do you suspect that the retention of the excess cash in hand on any date was deliberate and for private
use of the Government money ?
26. (a) Did you notice any instance in which payment a was made to a person without taking his signature
or thumb impression ?
(b) If yes, were you satisfied that the same was made to the proper person ?
27. Did you come across any instance of any harassment to the litigants while making payments to them ?
28. Did you receive and/or hear any complaint from any quarter about the Clerk of the Court and/or Nazir
extracting money from litigants and/or Advocates under one pretext or another ?
29. Were you satisfied that the cash was checked by the Judge at least once in a month without previous
intimation ?
30. Were you satisfied that the entire attached movable property was forth coming and the valuable
property was kept in the safe custody ?
31. Were you satisfied that the Nazir, while selling attached movable property by auction followed the
procedure laid down in Chapter XXI of the Civil Manual and Order XXI of the Code of Civil Procedure ?
32. (a) Did you notice any instance in which the Nazir did not follow the procedure or the property did
not fetch proper price ?
(b) If yes, did you suspect integrity of the Nazir and/or any other official of the Court ?
(c) If yes, what steps you suggest should be taken against them ?
33. (a) Did you notice that ordinary copies were not furnished to the parties within time ?
(b) If yes, how often during the last six months ?
(c) What were the reasons ?
(d) What remedy do you suggest for supplying certified copies expeditiously?
34. (a) Did you notice any delay in supplying urgent copies ?
(b) If so, what was the maximum and minimum duration ?
35. (a) Were the copies supplied strictly in chronological order of the applications made for them ?
(b) if not, what were the reasons ?
(c) Do you suspect any corruption in the copying section in this regard ?
36. Did you examine whether or not the excess copying charges were properly refunded to the applicants
concerned ?
37. (a) Did you find the instructions contained/issued in paragraph 561(2) regarding the intimations of
dates for delivery of copies contained in the Civil Manual being followed and the copies delivered on the
dates intimated to the applicants ?
(b) If not, what are the reasons ?
(c) Did you suspect any corruption in that respect ?
38A. (a) Did you notice any certified copies a lying undelivered for a long time either on the ground of
refusal to accept V.P.P. or any other ground ?
(b) If yes, did the Judge take steps for the recovery of copying charges ?
38B. (a) Are the Section Writers' diaries properly maintained ?

(b) Have you taken at-random check to find out whether the work is actually done ?
(c) If so, what is the result ?
Process and Process Serving Establishment
39. (a) Did you come across any instance in which process fee either remained unpaid for or was paid
after a long time without orders of the Court ?
(b) If yes, what were the reasons ?
(c) Did you suspect any corruption in such a delay ?
40. (a) Were you satisfied that processes were prepared in the office and issued without undue delay ?
(b) If not, what were the reasons for such delay ?
41. Were you satisfied that the processes delivered to the bailiffs were returned served to the Courts
concerned within the prescribed time limit ?
42. Did you find percentage of personal service of each of the bailiff satisfactory?
43. Was the money paid to the bailiffs along with the processes duly accounted for ?
44. (a) Were the diaries properly maintained by the bailiffs ?

(b) Were they scrutinised regularly by the Nazir ?
45. Did the Judge often inspect the bailiffs work ?
45A. Are the matters promptly sent to the Taxing Clerk after orders are passed ?
45B. Does the Taxing Clerk promptly tax the process fees and give intimation of the same by publishing
on Notice Board ?
Proceedings
46. Were you satisfied that the proper balance sheets were maintained and all kinds of proceedings were
coming forth as per balance sheets ?
47. Were the balance sheets checked and physically verified with actual balance by the Judge every
month, before submitting Monthly Returns to the superior Courts ?
48. (a) Were you satisfied that the proper Court fee was levied and recovered wherever necessary ?
(b) If not, did you notice any leakage in the Court fee in respect of particular documents, such as plaints
or other applications ?
(c) If yes, what were the reasons ?
(d) Did you suspect any fraud in this respect ?
49. (a) Is the Register of Daily Court fee maintained in the prescribed form ?
(b) Are you satisfied that all Court fees collected daily are properly accounted for in this register ?
50. Were the Court fee stamps duly cancelled and punched ?
51. (a) Did you come across any case where stamps remained unpunched and they were removed from
the papers filed in the proceedings ?
(b) If yes, what steps do you recommend in the matter ?
52. Whether orders for refund of Court fee were properly made ?
53. (a) Was there any delay on the part of the members of the staff in issuing certificates for refund of
Court fees ?
(b) What do you think are the reasons for the delay ?
(c) Do you suspect any corrupt practices being responsible for the delay ?
54. Were you satisfied that all the registers required by the Civil Manual were maintained ?
55. Did you check whether or not all amendments in plaints and/or petitions were incorporated in the suit
Register or Register of petitions ?
Stationery
56. Was stationery Account paper maintained and receipts and supplies were regularly entered in the
Accounts ?
56A. Whether Dead Stock Register is properly maintained as required by Rule 95 of Maharashtra
Contingent Rules, 1965 ?
56B. Whether the Head of the Department has verified the Dead Stock Articles as per Dead Stock
Register and has submitted his verification certificate as required by Rule 98 of the Maharashtra
contingent Rules, 1965 ?
56C. Whether the Presiding Officer of the Court has at the time of taking the charge of the Court
submitted a certificate as required by Rule 100 of the Contingent Rules, 1965 ?
Library
56AA. Whether the catalogue of library books is maintained properly ?
56AB. (a) Whether all the library books are forthcoming ?

(b) If not, what steps are taken for recovery of the missing books ?
56AC. Whether the library books are regularly verified by the library clerk and a report to that effect was
sent to the Presiding Magistrate through the Clerk of the Court of Senior Clerk ?
56AD. Whether the library books are verified by the Magistrate at any time ?
56AE. Whether library books were properly labelled and classified ?
56AF. (a) In particular, whether the Presiding Officer of the Court, on taking charge of the Court, has
inspected the books and verified them with reference to the catalogue of the books as per para 707(8) of
the Civil Manual ?
(b) Whether on taking charge of the Court, the Presiding Officer has submitted any report to the District
Judge regarding the missing books, if any, as required by para 707(8) of the Civil Manual ?
Decrees and Execution Proceedings
57. (a) Were the decrees drawn up in chronological order in accordance with dates of decision ?
(b) Did you come across any instance in which drawing of decrees was deliberately delayed ?
58. (a) Were the stay writs issued by the Appellate Court duly entered in the Register of Suits ?
(b) Did you come across in which inspite of the Stay orders of the Appellate Courts, execution of decrees
were taken out because entries of the Stay orders were not made in the suit Register ?
(c) Is any Writ Register maintained ?
(d) Are the writs of the High Court and District Court promptly complied ?
59. Were you satisfied that the Judge paid personal attention to all the material stages of execution
proceedings or they were left to the care of the ministerial staff ?
60. Were the execution proceedings regularly called out before the Court, attended to by the Judge and
dates given by him ?
61. (a) Did you notice any delay in preparing and/or issuing processes, such as notices and warrants in
execution Proceedings ?
(b) If yes, what were the reasons for the delay ?
(c) Did you suspect any corrupt practices responsible for the delay ?
62. Did you satisfy yourself that the processes particularly prohibitory orders and warrants for possession
were executed by the bailiffs without unreasonable delay ?
Question Nos. 63 to 87 relate to purely Criminal Courts and so a separate questionnaire is prepared.
Additional for the District Court
88. Did you find the distribution of work amongst the Judges being done by the District and Sessions
Judge personally or by the Staff ?
89. Did you find the distribution fair and equitable ?
90. Did you notice any corrupt practices followed by the office in arranging the Daily Boards of Judges ?
91. (a) Did you check whether the orders for the new furniture and/or repairs of broken articles were
usually placed with a particular person or firm ?
(b) If yes, whether the orders were given to the said person or firm after inviting tenders ?
(c) Did you suspect corruption in the Nazir's office in that behalf ?
92. Did you verify whether the writs of the High Court were sent to the Lower Courts promptly for being
certified ?
93. Did you find any member of the staff retained at the Head quarters or at any Taluka place for an
unusually long time without good and sufficient reasons ?
94. (a) Did you verify the casual leave account of the members of the Staff ?
(b) Did you find the casual leave being granted strictly in accordance with the rules ?
94A. Whether the Muster Roll and the Late Muster Roll are properly maintained and placed in the
custody of the officer incharge of the Establishment, exactly 10 minutes after the prescribed hours of
office attendance as required by Government Circular, Political and Services Department No. OFT. 1059/
(O&M)-8, dated 15th May, 1959 and No. OFT. 1060, dated 30th November, 1960 ?
94B. Whether the Orders of the Head of the Office were obtained in the remarks column of the Late
Muster Roll as required by High Court Circular No.A(Spl)/0406 of 1975, dated 23rd March 1976 ?
94C. Whether appropriate securities as required by para 602 Chapter XXXI of Civil Manual are obtained
from the members of the staff dealing with Government money, Service postage stamps, Library and
Dead Stock etc. ?
94D. If yes, whether solvency and aliveness of the sureties of such persons is verified every year and
reported to the District Judge in the month of January of every year as required by para 603 of the Civil
Manual ?
95. (a) Did you check the Service Books of the members of the staff ?
(b) Were they all coming forth and properly filled in ?
96. (a) Did you check the Select List of candidates drawn up by the Recruitment Committee ?
(b) Were you satisfied that the Lists were prepared strictly in accordance with the Rules of Recruitment ?
97. (a) Was there any occasion for the District Judge to direct departmental enquiry against any member
of the staff ?
(b) Did you check the Record and proceedings of any such Departmental enquiry ?
(c) Did you find that the enquiry and the final decision were in proper order?
98. (a) Did you inspect the Offices of the Court, the duties assigned to the members of the staff and the
distribution of the ministerial work amongst the members of the staff ?
(b) Did you notice anything unfair, inequitable irregular or unusual in the management of the office
affecting its efficiency ?
(c) If yes, what remedies do you suggest in that behalf ?
98A. Are despatch books properly maintained by the members of the establishment?
District Court Record Room
99. (a) Did you find the records carefully examined as and when they arrived in the Record Room ?
(b) Did you find the Record Room neat and tidy and the record arranged properly and deposited without
undue delay ?
100. Were the requisitions for records promptly attended to and records sent for the copying department
and/or other offices and Courts despatched within the prescribed time ?
101. Were you satisfied that the work of destruction of record was taken up every year as per rules
contained in the Civil Manual and the provisions of section 3 of the Destruction of Records Act ?
102. Did you notice any exhibits or other papers remaining with the copying Department unreturned even
after done with and/or without being deposited in the relevant bundles ?
103. (a) Are the applications for return of documents attended to and documents returned promptly ?
(b) If not, who is responsible for the delay ?
730. (1) After completing his inspection, the inspecting authority shall drawn a note of inspection in the
proforma given in para 733 Section I sub-para-(1), as far as is applicable. If the inspection has been done
by a Judge other than District Judge, he shall submit it to the District Judge.
(2) The District Judge shall forward two copies of the note of inspection to the Judge of the Inspected
Court for his compliance, information and guidance. He should also issue suitable instructions, whenever
necessary for the guidance of the Judge of the Inspected Court and the members of his establishment.
(3) The Judge of the Inspected Court shall comply with the objections raised in the inspection note and
the instructions given by the District Judge. Such compliances shall be made with all promptitude and a
report of the compliances, shall be submitted to the District Judge within two months of the date the
receipt of the copies of the inspection note. The compliances shall be recorded on the copies of the
inspection note and one copy shall be returned to the District Judge.
(4) The District Judge shall cause to be verified all the compliances so reported and shall satisfy himself
that compliances have been properly made. He may, without previous intimation, visit the Court inspected
or depute a Joint Judge or one of his Assistant Judges, to verify the correctness of the reported
compliances of the inspection note.
(5) The District Judge may, also if he so deems proper circulate amongst Judges in his district,
instructions issued by him on any points of general importance noticed in the inspection.
(6) The District Judge shall forward a report to the High Court in the form questionnaire as set out in para
729 above, with their respective answers along with inspection report in the following proforma ;
Inspector Report
Name of the Duration of Number of Number of Number of State Remarks Important

inspected the the suits darkhasts Miscellaneous of file about the points to be
Court inspection examined examined proceedings work of the brought to the
examined Judge of the notice of the
Inspection High Court, if
Court any
1 2 3 4 5 6 7 8
Note :-- Column Nos. 3,4 and 5 give figures separately for pending/disposed of proceedings of various categories,
such as (1) special, (2) Regular, (3) Small Cause etc.
731. The inspection of Criminal Courts should be made along with all the Civil Courts situate of the same
place. If a Judge is doing both Civil and Criminal work, a combined report of the inspection of his Court
should be prepared in the proforma given in para 733, Section I sub-para (1) as far as it is applicable.
732. The District Judge shall submit to the High Court annually a submission, on or before 10 th of
January of every year, pertaining tot he inspection of Courts made by him under para 725 of Civil Manual
and under para 2 of Chapter XXIV of Criminal Manual 1980 in the following proforma :--
Name of Name and Date of commencement of Date of conclusion The date on which
Inspected Court designation of the Inspection of Inspection the Inspection
inspecting Officer Note was sent to
the Inspected
Court
1 2 3 4 5
The date of receipt of Where compliance Names of Courts Reasons preventing Remarks
compliance Report Report is delayed for not inspected the Inspection
more than three during the year, added as per file
months, Steps taken alongwith the date orders
by the District Judge of last inspection of
to obtain compliance each Court
6 7 8 9 10
SECTION I
INSTRUCTIONS REGARDING PREPARATION OF INSPECTION NOTES
733. (1) At the end of every inspection, the District Judge shall draw his inspection note in details on the
lines and in the order or subjects indicated in the proforma appended to these instructions.
(2) If any additional heads are to be included in the inspection note, they shall be included numberwise at
the end.
(3) The observations made under each head shall be briefly stated. While reporting the examination of
records, prolonged case history need not be stated.
(4) Under each head there can be different types of instructions or directions to be issued :
(a) Specific instructions/directions in respect of a particular case or register.

(b) General instructions/directions to the Office of the Court.
(c) Personal instructions/directions to the Judge presiding over the Court at the time of inspection for his
guidance in future wherever he may be posted.
(d) Instructions/directions to the present Presiding Officer in case there has been since a transfer.
Instructions/directions of each of the categories shall be formulated precisely and be specified separately
under each head in the Inspection Note under each subject. Instructions/directions in respect of one
subject matter shall be given, as far as possible, at one place.
(5) Procedure where Frauds are Suspected or Detected.-- (i) Wherever any suspicion arises of any
misappropriation or defalcation, the District Judge should make further inquiry in the matter on the spot
in order to find out if there is prima facie case of fraud or misappropriation or defalcation.
(ii) The inspection notes should contain cases of suspicion, if any, though there may be no material in
support of the case.
(iii) The District Judge should include in his inspection note his view son possible sources of corruption
noticed by him and the ways and means he would like to suggest to eliminate them.
(iv) If in the light of his observations the District Judge thinks it necessary to issue instructions or
directions to the Presiding Officer of the inspected Court and/or to the establishment, he shall do so
precisely and distinctly.
(6) The proforma appended to these instructions need not be followed where there is no full-fledged
inspection, but only an inspection in the nature of surprise visit or inspection in the contest of a specific
complaint or specific cause.
SECTION II
PROCEDURE REGARDING SUBMISSION OF INSPECTION NOTES AND ACCOMPANYING REPORTS

AND THE PROCEDURE FOR FURTHER PROCESS.
Report A
1. At the end of every inspection, the District Judge shall send confidentially to the High Court :-
(a) One copy of the Inspection Note with a forwarding letter.
(b) a separate report including :
(i) his remarks on the important and unusaul matters and grave and serious irregularities, if any detected
by him.
(ii) steps that he would like to suggest in the matters;
(iii) his views on the possible sources of corruption noticed by him;
(iv) the ways and means he would like to suggest to eliminate them.
This report shall be called “Report A”.
Report B
(c) Whenever during the inspection any suspicion arises or any misappropriation of defalcation is detected
the District Judge shall issue necessary instructions to the District Judge and/or to the Presiding Officer
and/or to the establishment. He shall send confidentially to the High Court a copy of such instructions
issued by him along with his report regarding his inquiry in duplicate immediately or along with the
inspection note, whichever is earlier. This special report shall be called Report `B'
(d) If the District Judge does not find reason to make special report under clauses (b) and (c) above, he
shall send two separate nil reports on the points alongwith the Inspection Note.
2. The District Judge shall forward confidentially all three copies of the Inspection Notes to the Court
concerned for compliance. The report “A” and “B” or copies thereof shall not however be sent to the
Inspected Courts.
3. On receipt of the three copies of Inspection Notes from the District Judge for compliance, the inspected
Court shall after making the compliance, note down the same by making suitable endorsements in the
margins of each of the copies of the Inspection Notes. Thereafter, one copy of the Inspection note shall be
preserved in the concerned Courts. Out of the remaining two copies one copy shall be preserved in the
District Court and the other shall be sent confidentially to the High Court through the District Judge.
4. The District Judge shall require the inspected Court to make all compliances within two months of the
date of receipt of the Inspection Note. If some extension of time is felt necessary a specific application for
extension of time be made. The application for extension shall be accompanied by an interim progress
report regrading compliance made till then.
5. On receipt of the two copies of the Inspection Notes, from the inspected Court, the District Judge shall
satisfy himself that the compliances have been properly and really made. The District Judge shall then
forward one copy of the compliance report, with his certificate about the compliance, to the High Court
after taking necessary note for his information.
6. The certificate mentioned in paragraph 5 shall be in the following form :-
CERTIFICATE
Certified that the compliance of the inspection note in respect of the Court of ........................................ in
the month of ......................19 have been physically verified by me/the Joint District Judge/Additional
District Judge and all objections noted in the inspection note are found to be duly and substantially
complied with.
District Court................ District Judge

Dated :
Report C
7. If the remarks or the directions of the High Court are received by the inspected Court before return of
the complied notes to the District Judge, the compliance of the said remarks of directions shall be
endorsed on the Inspection Notes according to usual procedure indicated above. But if the remarks or
directions from the High Court are received by the inspected Court after the return of the complied note,
the compliance thereof shall be noted by the inspected Court in the copy of the Inspection Notes retained
with it and the compliance shall be reported by a letter (in triplicate) to the District Judge. This letter shall
be called Report C.
The District Judge shall satisfy himself that the compliance with the directions or instructions issued by
the High Court is properly made and shall then certify accordingly, on the compliance report received by
him. He shall then, forward one copy of the said compliance report along with his certificate, to the High
Court.
SECTION III
COMPLAINTS
Report D
A. The complaints referred to by the High Court prior to/or during the inspection of a Court :-
(i) The District Judge shall hold inquiry into the complaints so referred at the time of the inspection by
contacting the complaints and by making inquiry in the manner directed by the High Court.
(ii) He shall formulate a special report and forward confidentially the same the high Court. This report
shall be called “Report D'.
B. Complaints referred to by the High Court in respect of a Court, the inspection of which is already
completed recently :-
(i) The District Judge shall visit the Court to which the complaint pertains, as early as possible after the
receipt of the complaint from the High Court.
(ii) he shall hold an inquiry in the manner directed by the High Court.
(iii) If found necessary, he may re-inspect the Court to the extent to which that is found necessary in the
context of the complaint.
(iv) If the Court is re-inspect, he shall draft inspection note to that extent and shall submit the same in
continuation of the Inspection Note already submitted along with his “ Report D”.
(v) If he does not re-inspect the Court, he shall only prepare his “Report D” regarding the inquiry and
submit it to the High Court.
C. Complaints received by the District Judges prior to/or during the inspection against the Presiding
Officer of the inspected Court :--
(i) The District Judge shall make a discrect prima facie inquiry into the allegations, if the complaint is
signed and the complainant is traceable.
(ii) He shall forward the complaint and his remarks thereon in the light of his inquiry to the High Court
with suggestions, if any, regarding the course of action to be adopted.
(iii) If the complaint is anonymous or found to have been signed in any fictions or false name, the District
Judge shall forward the same to the High Court for necessary action, with his remarks, if any, about the
grievance raised in the complaint.
D. Complaints against Presiding Officer received soon after inspection :--
(i) Anonymous complaints against the Presiding Officer received soon after the inspection, shall be
referred to the High Court with remarks, if any, in the light of observations made at the time of inspection.
(ii) If the complaint against the Presiding Officer of a inspected Court is signed and received soon after
the inspection is over, the District Judge shall ascertain whether the person of that identity is traceable. If
he is traceable, the District Judge shall visit the inspected Court again within reasonable time hold a
discrect inquiry, and shall make a “Report D” regarding the matter to the High Court with his remarks and
suggestions as to the course of action. If he finds it necessary to re-inspect the Court in the light of the
complaint, he may do so and prepare a inspection note. Such inspection note shall be submitted to the
High Court in continuation of the previous inspection note along with a “Report D”. If however, the
complaint is not traceable, he shall send the complaint to the High Court for necessary action, with the
remarks, if any, in the light of his observations made at the time of inspection.
E. Complaints against the staff-members of a Court received during the inspection :-
(i) where the complainant is traceable, the District Judge shall contact the complainant personally, hold a
preliminary inquiry and submit a “Report D” to the High Court. He may, as a head of the District, take
necessary action against the person concerned and report that fact to the High Court in continuation of the
“Report D” referred to above.
(ii) Where the complaint is anonymous or signed in false or fictitious name the District Judge shall
inspect the Court in the light or grievance raised in the complaint and ascertain whether there is any
substance in it. If he finds that there is no substance in it, he shall file the complaint and report
accordingly to the High Court in his Report D. If he finds that there is some substance in the complaint,
he shall make a detailed report in the behalf to the High Court.
F. Complaints against the staff members received soon after the inspection :--
(i) Anonymous complaints against the staff-members received soon after the inspection of the inspected
Court, shall be forwarded to the High Court for necessary action, with remarks, if any, in the light of
inspection that is already concluded.
(ii) The signed complaints received soon after the inspection of the Court :--
The District Judge shall ascertain whether the complainant is traceable. If he is traceable, the District
Judge may visit the Court within reasonable time and may, if found necessary, re-inspect the same in the
light of the complaint. If inspected, he shall prepare supplementary inspection note to that extent and a
report D and submit them to the High Court in continuation of the earlier inspection note. If the
complainant is not traceable, be shall forward the complaint to the High Court for necessary action action
with remarks, if any, in the light of his observations made at the time of earlier inspection.
SECTION IV
PROCEDURE REGARDING ACTIONS TO BE TAKEN AGAINST THE DEFAULTERS
Report E
1. Action against the Presiding Officer of the inspected Court on the basis of the Inspection of the Report
A.-- If the District Judge finds that the action is necessary against the Presiding Officer of the inspected
Court in the light of his inspection note, or the Report A he shall report the matter to the High Court for
necessary action. This report shall be called Report “E”.
2. Where an action is found necessary by the District Judge against the staff-members of an inspected
Court ;--
(i) The District Judge, as a head of the District may start an action as deemed fit.
(ii) In continuation of his report À' he shall report to the High Court course of action proposed to be
taken by him immediately. After the action is completed, here shall communicate the result thereof to the
High Court in continuation of his report À'.
SECTION V
COMPLIANCES
1. It shall be the primary duty of the Presiding Officer of the Inspected Court :--
(a) to comply with the objections or the points raised in the inspection Note;
(b) to comply with the directions issued on the basis of the inspection Note and accompanying report to
him and to his establishment, by the District Judge and by the High Court;
(c) to ensure that the irregularities and points of objection pointed out in the Inspection Note and
accompanying report, with reference to examined cases, records and registers, do not appear in the other
cases, records and registers, as records and registers, to not appear in the other case, records and registers,
as the case may be which were not examined in detail by the District Judge; and
(d) to ensure that similar irregularities and points of objections do not occur again in his Court.
2. In respect of the specific irregularities and points of objections in examined cases, records and
registers, pointed out by the District Judge in his Inspection Note and other accompanying reports and in
the directions given in their context the compliance shall be made by rectifying these irregularities and
points of objections.
3. In respect of irregularities and points of objections of general nature, the compliance shall be made by
rectifying such irregularities and points of objections in the context of other cases, records and registers,
as the case may be which were specifically not examined by the District Judge.
4. In the context of such irregularities and points of objections of general nature, the Presiding Officer
shall issue necessary office orders to the concerned staff-members of his establishment directing them to
make compliance within a specified time as aforesaid and to avoid the repetition thereof in future.
5. The compliance made in the aforesaid manner shall be noted at relevant places and certified
accordingly by the Presiding Officer of the Court in the margin of the Inspection Note.
6. All these compliances shall be made within two months of the date on which the Inspection Notes are
received in the Court for compliance. If any extension is necessary, it must be specifically sought by
making an application to that effect to the High Court. But while seeking an extension, the interim
progress report shall be submitted along with the application.
7. In the course of the Inspection itself, the District Judge shall obtain from the establishment of the
inspected Court as many compliances with the points of objections and irregularities noted by him as
possible, and he shall state in his inspection note at relevant places accordingly.
8. The District Judge shall pay his personal attention to the compliances of the Inspection Reports. The
District Judge of the district shall depute, wherever necessary, a person/officer to the inspected Court to
ensure that the compliances are made in the inspected Court properly and within stipulated time.
9. Whenever, the District Judge forwards to the High Court an application from the inspected Court for
extension of time for making the compliances, he shall satisfy himself that the extension so sought is
really necessary and that the compliances are not being deferred on flimsy grounds. He shall offer his
remarks on this issue while submitting an application to the High Court for extention.
10. The omission to comply with the inspection note or to abide by the directions issued in the context of
the inspection note are to be viewed seriously. The District Judge may start necessary action against the
defaulting members of the subordinate staff within his District and if the default is on the part of the
Presiding Officer himself, the fact shall be reported to the High Court along with the remarks of the
District Judge in that behalf.
11. Whenever a Court is being inspected, by a District Judge he shall satisfy himself that the
instructions/directions given at the time of the previous inspection are fully and substantially complied
with. If the lapses are noticed on the part of the subordinate staff, steps shall be taken to take necessary
action as indicated above in paragraph 10.
APPENDIX J TO THE CONSOLIDATED INSTRUCTIONS

PROFORMA FOR THE INSPECTION NOTE
1. Name of the Court inspected :
2. Particulars of present inspection :

(a) Visited the Court on at a.m./p.m.
(b) Duration of the present inspection from (Date) to (date)
(c) The period covered by the present inspection from the previous inspection made on to the present
inspection.
3. Observations at the first glance :
(a) Whether the Presiding Officer was present in Court and had timely taken in his seat ?
(b) Whether he was properly dressed ?
(c) Whether sub-ordinate staff was present and had signed musters ?
(d) Whether the Muster Roll and the register of late comers were with Presiding Officer or the C.O.C.
/Nazir/Senior Clerk as per rules and orders in that behalf, at the time of District Judge's entry in the
Court ?
(e) Whether cash in hand tallied with relevant cash books ?
(f) Whether the premises were clean and tidy in general ?
4. Particulars about the Presiding Officers :
(a) Present Presiding Officer.
Name Educational Date of first Date of appointment of Since when

qualification appointment in promotion (if working at
judiciary applicable) present Court
1 2 3 4 5
Summary powers Small Cause Training at JOTI Special Jurisdiction, if Special Remarks, if
powers any any
6 7 8 9 10
(b) Judges who have presided over the Court since the previous inspection State the columns 1 to 10 as
above.
(c) Any complaints about --

(i) Unpunctual attendance ;
(ii) Malpractices;
(iii) Overburden of work and
(iv) Relations with the Bar and Public.
(d) Directions, instructions or suggestions in the context of complaints.

5. Compliances with previous Inspection Notes :--
(a)(i) Whether all objections have been complied with in specific case ? And
(ii) Whether objections of the same type are found in present inspection ?
(b)(i) Whether there were any directions personally to the Presiding Officer in the previous inspection
notes ?
(ii) If yes, whether the said personal directions have been followed substantially ?
(iii) If they are not followed, to what extent they are not followed ?
(iv) What are the reasons assigned for not following them ?
(v) Are those reasons satisfactory ?
(c)(i) Whether the directions issued to the members of the staff were properly followed by them ?
(ii) If not, what were the reasons ?
(iii) Are the reasons satisfactory ?
(d) What are directions now to be given regarding previous compliances ?

(e) Whether non-compliances warrant any action against anybody ?
Give specific suggestions.
6. Court Building :--
(a) Present Court building.

(b) Repairs, additions or alterations, if any.
(c) New proposal, if any.
(d) Directions, instructions and suggestions, if any --
(i) To the Presiding Officer personally.
(ii) General.
7. State of File :--

(a) State of file as it was on the day of last inspection.
(i) Civil
Categories of Total Ready Unready Commissioner Revenue Stayed

1 2 3 4 5 6 7
(ii) Criminal
Category of the Total Below three Above three Below six Above six Above nine Over one
proceeding months months and months months and months and year
below six below nine below
months months twelve
months
1 2 3 4 5 6 7 8
For Sessions Court
Category of the Proceeding Total Below three months Above three months and
below six months
1 2 3 4
(b) State of file as it is at the time of present inspection.
(i) Civil
Categories of Total Ready Unready Commissioner Revenue Stayed

1 2 3 4 5 6 7
(ii) Criminal
Category of the Total Below three Above three Below six Above six Above nine Over one
proceeding months months and months months and months and year
below six below nine below
months months twelve
months
1 2 3 4 5 6 7 8
For Sessions Court
Category of the Proceeding Total Below three months Above three months and
below six months
1 2 3 4
(c) Average institution and average disposal for the period under inspection
(i) Civil.
(ii) Criminal.
(d) General observations regarding file

(i) Whether there is a rise or reduction in the file ?
(ii) Reason for the rise in file, if any ;
(iii) Whether proportion of ready or and unready effective and ineffective matters is normal ?
(iv) Whether due priorities given to old cases ?
(v) Whether Civil or Criminal file is neglected in general ?
(vi) Whether disposals are generally adequate ?
(vii) Suggestions, if any, for bringing file under control ;
(viii) Directions, instructions or suggestions, if any.
(ix) Personally to the Presiding Officer.
(x) to the Establishment.
8. Distribution of Work
(a) General observations.

(b) Directions, instructions or suggestions, if any ---
(i) Personally to the Judge.
(ii) General.
9. Balance Sheet
A. Civil --

(ii) General.
B. Criminal --

(ii) General.
10. Daily Boards --
A. Civil --

(b) Directions, instructions or suggestions, if any.
B. Criminal --

(ii) General.
11. Memorandum Book
A. Civil --

(b) Directions, instructions or suggestions, if any
(i) Personally to the Presiding Officer.
(ii) General.
B. Criminal

(ii) General.
12. Examination of Records --
A. Civil --
(a) (i) Case-wise observations in brief (Prolonged case-history to avoided).

(ii) Case-wise directions, instructions under each case.
(b) General observations on examination of cases on objections of common nature.
(e) Directions/Instructions and suggestions, if any --

(ii) General.
B. Criminal --
(a)(i) Case-wise observations in brief.
(Prolonged case-history to be avoided).
(ii) Case-wise directions, instructions under each case.
(b) General observations on examination of cases on objections of common nature.
(c)Directions instructions and suggestions, if any--

(ii) General.
13. Judgments : Decrees and Writs --
I-Civil --
(a) (i) Whether judgments and decrees are forthcoming in all cases ?
(ii) Whether judgments are timely written and decrees are timely drawn up ?
(b)(i) Observations regarding stay writs and compliance therewith.
(c) Observations regarding Appeal-Writs.

(ii) General.
II-Criminal --
(a) Whether judgments are forthcoming in all cases ?

(b) Are they delivered immediately after arguments are heard ?
(c) Observations regarding Writs received and compliances therewith.
(d) Directions, instructions, suggestions, if any --
(ii) General.
14. Fine Recovery Proceedings --
(a) Whether statements of unrecovered fine are drawn month to month ?

(b) Whether the work of recovery of fine is properly attended to ?
(c) General observations.
(i) to Judge personally.
(ii) General.
15. Register --
I-Civil --
A. Particular Registers --
(a) General observations Register-wise.

(b) Directions, instructions and suggestions, if any (register-wise )--
(ii) General.
B. General --
(a) General observation.

(i) Whether all registers prescribed under the Civil Manual are forth-coming ?
(ii) Are they properly bound and well-arranged ?
(iii) Are they properly paged and sealed.
(iv) Do they bear at the end prescribed certificate regarding paging and sealing under signature of the
Presiding Officer --
(b) Directions, instructions and suggestions, if any.
(ii) General.
II-Criminal --
A. Particular Registers --
(a) General observations register-wise.
(b) Directions, instructions and suggestions, if any.
(ii) General.
B. General --
(a) (i) General observation.

(ii) Whether all registers prescribed under the Civil Manual are forth coming.
(iii) Are they properly bound and well-arranged ?
(iv) Are they properly paged and sealed ?
(v) Do they bear at the end certificate regarding paging and sealing under the signature of the Presiding
Officer ?
(b) Directions, instructions and suggestions, if any --
(ii) General.
16. Accounts --
I-Civil --
(a) Observations register-wise.

(b) General observation regarding registers.
(c) Directions, Instructions and suggestions, if any ---
(i) To the Judge personally.
(ii) General.
II-Criminal --

(ii) General.
III-General Accounts --

(ii) General.
IV-Accounts under the Workmen's Compensation Act --

(ii) General.
17. Attached Property (Movable) --
I-Civil --
(a) Whether all property is forth-coming according to registers ?

(b) Whether the property is properly arranged, preserved and maintained
(c) Whether it is periodically checked as prescribed ?
(d) Particular observations, if any.
(e) General observations, if any.
(f) Directions, instructions and suggestions, if any ---
(ii) General.
II-Criminal-Muddemal Property --
(a) Whether all property is forth-coming according to registers ?

(b) Whether the property is properly arranged, preserved and maintained
(c) Whether it is periodically checked as prescribed ?
(d) Particular observations, if any.
(e) General observations, if any.
(f) Directions, instructions and suggestions, if any ---
(ii) General.
18. Copying Section (Civil and Criminal).--

1. Scrutiny of applications (Civil and Criminal)--
A. Pending applications --
(a) Particular observations.
(b) General observations.
(c) Directions, instructions and suggestions, if any ---
(ii) General.
B. Disposal of Applications --

(ii) General.
C. Where copies are to be supplied free of costs --

(ii) General.
2. Registers in copying section : (Civil and Criminal) --
A.(a) Particular observations.

(ii) General.
B. General observations regarding copying sections.
(c) General directions, instructions and suggestions, if any, regarding copying section --
(i) To the Presiding Officer, personally.
(ii) General.
3. Copying Accounts --

(ii) General.
19. PROCESS AND PROCESS SERVING ESTABLISHMENT :
I. Civil --
A. Number of Bailiffs, their Beats, Distribution of work --

(ii) General.
B.
Total processes given Served or executed
Summonses Injunctions Darkhast Summonses Injunctions Darkhast Remarks

proceeding
1 2 3 4 5 6 7
C. Registers in process establishment --
(a) Observation register-wise.

(b) Directions, instructions and suggestions register-wise --
(i) Particularly to the Presiding Officer.
(ii) General directions.
(c) General observations regarding process establishment.
(i) Personally to the Presiding Officers
(ii) General.
II. Criminal --
(ii) General.
20. Library --
A. Regarding Books --
(a) Whether they are registered properly ?

(b) Whether they are numbered properly ?
(c) Whether they are properly arranged ?
(d) When they are properly preserved ?
(e) Whether there are adequate cupboards and looks ?
(f) Whether there is proper method of issuing books and their returns ?
(g) Steps taken for binding.
(h) Custodian of Library. Whether he is a proper custodian ? Is his management satisfactory ?
B. Registers concerning Library --
(i) Observations register-wise.

(ii) General observations.
G. Directions, instructions and suggestions, if any --

(i) To the Presiding Officer,
(ii) General.
21. Stationery and Forms --
A. (a) Observations regarding the registers pertaining to stationery and forms (Register-wise).
(b) Observation regarding stock and account of stationery.
(c) Observations regarding method of distribution of forms and stationery
(d) Observations regarding arrangement of storing and preserving forms and stationery.
(e) General observations.
(f) Directions, instructions and suggestions, if any --
(ii) General.
22. Postage Stamps --
A. Service Stamps --
(a) Observations regarding registers pertaining to service stamps.

(b) Observations regarding account of service stamps, the custody, the checking thereof etc.
(c) Finding of the Inspecting District Judge regarding checking of the service stamps.
(i) to Presiding Officer.
(ii) General.
B. Private Postage Stamps --
(a) Observations regarding registers pertaining to Private Postage Stamps.

(b) Observations regarding account of private postage stamps, the custody and the checking thereof etc.
(c) Finding of the District Judge regarding checking of the private postage service stamps.
(d) Directions, instructions and suggestions, if any ---
(x) To the Presiding Officer personally,
(y) General.
23. Establishment --
A. General --
(a) Strength of the subordinate staff at various categories.

(b) Distribution of work and the lists of duties.
(c) Whether the staff is adequate looking to the work load of the Court.
(d) Suggestions and recommendations regarding the strength.
(e) Recruitment : In the cases of District Court --
(i) Select lists of the candidates drawn up by the Recruitment Committee.
(ii) Whether the proper percentage prescribed by the Government of Scheduled Caste and Economically
Backward Class people etc. are properly maintained
(f) Departmental inquiries and decision thereof.
(g) General observations.
(h) Directions, instructions and suggestions, if any ---
(i) To the Presiding Officer.
(ii) General.
B. Scrutiny of Service Books :--
(a) Observations book-wise.

(c) Directions instructions and suggestions, if any --
(ii) General.
C. Registers regarding Establishment :--
(a) Particular observations register-wise

(b) General observations register-wise.
(i) Particularly, to the Presiding Officer,
(ii) General.
24. Records and Record Room :
A. Records :--
(a) Mosters of decided cases, arrears thereof, and despatch.

(b) Directions, instructions and suggestions, if any --
(ii) General.
B. Record Room :--

(a) Observations regarding registers pertaining to the record room
(b) Observations regarding arrangement of the record.
(c) Observations regarding preservation and measures therefor.
(d) General Observations.
(e) Directions, instructions and suggestions, if any --
(i) Particularly to the Presiding Officer,
(ii) General.
25. Files :--
(a) Observations regarding particular files.

(b) General Observations.
(c) Directions instructions and suggestions, if any --
(i) Presiding Officer personally,
(ii) General.
26. Miscellaneous Heads :
27. General Remarks Regarding the Working of the Court :--
(a) The places where malpractices, frauds etc. are possible.

(b) Suggestions regarding steps to be taken to eliminate them.
(c) General observations.
(i) To the Presiding Officer.
(ii) General.
28. List of items of compliances secured by the District Judge during the present inspection.
Appraisal of judicial work
734. While hearing appeals and revision applications, the District Judge or the Assistant Judge, as the case
may be, gets a good idea about the ability and methods of work of the Civil Judge and the manner in
which the evidence is marshalled and the Judgment written. Each District and Assistant Judge should
keep a note-book and whenever he considers that any matter heard by him calls for a special note being
made either in favour of or adverse to a Civil Judge, he should make the appropriate remarks in the note-
book. He should also make a note in this note-book of any serious defects noticed by him. This note-book
will also be useful at the time of submitting the annual reports of the work of Civil Judge. On or before
15th February each year, each Assistant Judge should submit a report to the District Judge about the
defects, etc., which he has noticed in the work of any Civil Judge while hearing appeals and revision
applications.
Personal contact
735. It is essential for the District Judge to keep personal contacts with all the Judicial Officers in his
District. He should meet them periodically, either collectively or Separately and discuss with them their
problems and give the, or suitable guidance from time to time.
Judicial Conference
736. So far as practicable, once in every two years, the District Judge should assemble a Judicial
Conference of all the Judicial Officers serving in his District, for the discussion of all judicial problems
pertaining to the district and the state of files in various Courts. Senior members of the Bar practising in
the District may be invited to attend this conference. The conference should begin on a Monday or day
following a holiday and should ordinarily not last longer than two days. The Courts of the Officers
attending the conference may be closed for the se days or for such further time as they may require for
rejoining their stations. Notice of the date of the conference should be given sufficiently in advance, so as
to enables the Officers attending it to fix their boards accordingly.
A copy of the report of the proceedings of the conference should be sent to the High Court and to each of
the other District Courts in the State, within three months of the date on which the conference is
concluded.
If, on perusal of such reports, any District Judge finds that it is necessary is make any suggestions in
respect of any decision/s recorded at the Conference to the, Court along with his Opinion on the point.
CHAPTER XL
ACCOUNTS
737. It is the duty of a Civil Judge to examine and initial the receipt book for contingent charges before he
signs the contingent bill for each month.
738. The alteration of one figure to another is prohibited. The rectification must be made by striking out
the wrong figure, writing the correct one above it and initialling the correction.
739. The Process Fee-Book (Form O at page 80, Vol. II) will show the process fee receipts separately
from the other money transactions of the Courts.
740. Form P at page 81, vol. II, is the Bailiff's Process Service and Receipt Book (“Kamgiri Book”).
741. Form Q at page 82, Vol. Ii, is the register showing the daily receipts of Court-fees. The entries are
not to be made in detail, but should show the aggregate value of the stamps filed in the Court during each
day.
Rules and Forms of Civil Courts Accounts
742. (1) Application of Rules. --These rules and forms apply to all sums received and paid by a Civil
Court in connection with any suit or judicial proceeding.
(2) “Nazir” defined.-- Wherever in these rules and forms the Nazir is referred to as performing any duty,
the term includes any officer of the Court authorised by the Judge to perform the duty in question.
(3) List of Forms.-- The following Account Forms* shall be used :--
(a) Book of receipts for money paid into Court,
(c) Register of deposit receipts, viz., register of sums received in Court in connection with suits or judicial
proceedings and deposited with Government. The balance sheet showing the outstanding amounts of `C'
Register as on the 1st day of every month shall be maintained.
(d) Register of deposit payments, viz., register of payments from sums received in Court in connection
with suits or judicial proceedings and deposited with Government (to be kept in duplicate).
(e) Register of property of which the Nazir is appointed administrator under the provisions of sections 9
to 10 of Bombay Regulation VIII of 1827.
(f) Register of attached property and property produced in Civil Proceedings.
(g) Register of money received on account of subsistence money of civil prisoners, expenses of witnesses,
and miscellaneous petty items required for immediate disbursement. The balance sheet showing the
outstanding amounts of `G' Register as on the 1st day of every month shall be maintained.
(h) Register of payments on account of subsistence money of civil prisoners, expenses of witnesses, and
miscellaneous petty items required for immediate disbursement.
(i) Cash Book.
(ii) Ledger.
(k) Bank or Treasury Pass Book.
(i) Bank or Treasury Cheque book.
(m) Applications for refund of lapsed deposits.
(n) Statement of lapsed Civil Court deposits.
(4) Language in which the accounts are to be kept.--- In all District Courts, except for special reasons, the
accounts shall be kept in English (except Forms A,E,F,G, H). In subordinate and Small Cause Courts they
may be kept in English or in regional language, but the duplicate of Register D shall be in English in all
Courts.
(5) Procedure on receipt of money and cheques.-- When any person pays money into Court in connection
with any suit or judicial proceeding, or when collections of any such money are made by any officer of
the Court, such person or officer shall tender such money or collections to the Nazir, who shall cause
receipt to be prepared with a copy thereof according to the Form À', and shall obtain the signature or
mark of the person or officer tendering the money on the copy of the receipt. Both the original and the
copy shall be signed by the officer of the Court receiving the money and also by the Nazir. The copy shall
be recorded for reference and the receipt delivered to the person paying the money. When payments are
made into Court by delivered to the person paying the money. When payments are made into Court by an
officer of the Court, the receipt shall not be handed over to him, but shall be kept in the record of the
proceedings in reference to which the collection has been made.
On payment by cheque, a receipt in the aforesaid form should be issued with an endorsement `subject to
the realisation of cheque'. In case of any request for a clean receipt, such endorsement should be cancelled
after making an entry in the money column of the cash-book regarding realization of the cheque, as
provided in Para 742.
(6) And money orders.-- When money is received by postal money order, without advice from the
remitter as to the cause or purpose for which the money has been forwarded, the amount shall be entered
in Register C, a note in that register being made as to unadvised accounts.
Pending receipt of the information necessary to admit of the amount being credited to the cause or
account for which the money was remitted, the words “Money order suspense account” shall be written
across column 5 of Register C. On receipt of the required information the amount shall be adjusted by
entering the item in the manner described above as a payment in Register D, and re-entering the item in
Register C or G, as the case may be, as receipt of that date, the necessary explanation counterfoil of
receipts issued in Form A for money received through the post by money order or otherwise, giving a
reference to the letter or advice with which the money was forwarded, and if the money order coupon
affors information it should be pasted on the counterfoil of the receipt (Form A). The original receipt,
there being no person to receive the same, should be crossed and cancelled and be initialled by the Nazir.
(7) Before accepting any payment by cheque, the question regarding payment of collection charges of the
Bank, in Cash, should first be considered and then alone such cheque should be accepted.
When a cheque in received, a note of the fact should be made in the body of the Cash Book in red ink on
the day of receipt without any amount being shown in the money column. When the amount of the cheque
is realised, it should be entered with necessary particulars in the money column of the Cash Book on date
of realisation; and a suitable note of the realisation and date should be made against the original red ink
entry, in the remarks column. Practically all the cheques will be cleared in the same nonth, and if any
should be out standing owing to their receipt in the last few days of the month or other cause, they may be
detailed in the Cash Book after the closing entries for the month to serve as a guide to the officer checking
the next month's entries in the Cash Book.
After the realization of the amount of the cheque as aforesaid, if such amount is deposited with the Court
in connection with any suit, or judicial proceedings and is not to be immediately credited to government
or paid to any party to the proceedings it shall be entered in Register `C' as per direction in Sub-para (8).
(8) Use of Register C.-- In the Register of deposit receipts (Form C) shall be entered--
(a) All sums deposited with the Court in connection with any suit or judicial proceeding and not to be
immediately credited to Government.
Note :- In case of payment of deposit by cheque, the cash receipt shall be entered after the actual realization of the
amount of cheque.
(b) The sums received on account of property of which the Nazir is appointed administrator under the
provisions of Sections 9 and 10 of the Bombay Regulation VIII of 1827, attached property and the
property produced before the Court.
(9) Use of Register D.-- In the Register of deposit payments (Form D) shall be entered--
(a) All payments from sums deposited with the Court in connection with any suit or judicial proceedings
and not to be immediately credited to Government.
(b) The payments from the sums received on account of property of which the Nazir is appointed
administrator under the provisions of sections 9 and 10 of the Bombay Regulation VIII of 1827, attached
property and the property produced before the Court.
Procedure on payment by the Nazir.-- The Nazir before, payment shall obtain the payee's signature or
thumb mark in column 13 of Register `D' both the original and duplicate unless the payment is made by
money order or by a Bank Draft. The Court may at the request of the payee make payment,---
(1) by a Bank Draft to be sent to the payee by registered post acknowledgment due provided he submits in
advance a duly stamped receipt for the amount due, in the form given below :
(2) by money order if the amount does not exceed Rs. 600.*
The voucher for the payment shall be, in the case of payment by a Bank Draft, the stamped receipt sent by
the payee and the postal acknowledgment, and in the case of payment by money order, the money order
acknowledgment.
(3) by transfer, through a Branch of nationalised Bank by issuing a cheque in favour of such Bank with
instructions to credit in payees account.
*Form of receipt
Received the sum of Rs. (Rupees Paise only) by Bank Draft from the Court at being the amount deposited
in the Court at in connection with
Dated (Stamp)
(Signature of Payee).
Payment shall be endorsed on the copy of the decree when such is produced, the endorsement being
signed by the officer actually making the payment, and attested by the Registrar or Nazir, who shall also
initial the entry of payment in column 14 of Register C and column 11 of Register D.
(10) Posting of Registers C, D.-- The Registers C and D shall be written up from day today. The Register
D shall, however, be written in duplicate. Its original shall remain in the record of the Court. Whenever
necessary, the revenue-stamped receipts should be obtained on the original `D' Register. The duplicate
shall be written up in English and from day today and be forwarded every month, along with the Plus and
Minus Memo, to the Accountant General. While submitting the duplicate `D' Register to the Accountant-
General, no stamped receipt is necessary but the remark that the stamped receipt has been obtained on
original should be recorded and attested by the competent authority. In the Register C. Columns 12, 13,
14 and 15 shall be filled up at once as the transactions occur, and in writing up duplicate Form D for the
Accountant-General, the Nazir shall every day check the entries in the Register and make his initials in
column 11 in verification of all the entries made therein as is done by him in the original Form D, and
column 10 may be left blank.
(11) daily closing of Registers C.D.-- When the accounts are closed at the end of the day, the total of all
the transactions for that day, which are entered in column 8 of Register C, shall be entered in column 11
of that register. The daily total of the transaction in column 9 of Register D shall be similarly entered in
column 12 of Register D. The Nazir shall each day check the entries in these registers and initial the
same.
(12) Account of Intestate property-- Form E.-- When the Nazir of the District Court is appointed
administrator under the provisions of section 9 and 10 of the Bombay Regulation VIII of 1827, he shall
keep a register in the Form E. A separate page shall be opened for each estate, and at the close of each day
the total receipts on account of each such estate such estate shall be posted from column 14 of Register E
into Register C, and the total payment shall be posted from column 20 in respect of charges and from
column 24 in respect of the disposal of each of the estates, into Register D, quoting in the latter the
original credit entry or entries from Register C. The receipts or acquittances for these payments shall be
taken from the Nazir or other officer appointed as administrator of the property in column 13 of Register
D, the persons actually receiving the payments signing in column 27 of Form E.
(13) Account of attched property-- Form F.-- Property which may be attached by a Civil Court in the
course of a suit, whether before or after judgment, or produced in Court in the course of any proceeding
shall be registered in Form F, and the proceeds, when realized shall be posted from Column 15 of this
Register into Register C. When money is attached, it shall be taken direct from Register F to Register C.
Payments shall be entered direct into Register D, quoting the original credit entry from Register C. A note
of the payment shall also be made in the last column of Register F.
The Court shall maintain an index of immovable properties attached in the following proforma :--
Index of Attached Immovable Property
Serial No. of the Name of the Survey No. and Sub- Area Assessment and Judi.
entry in the register village division No. or house No.
of attached property or any other distinctive
and property No. of the property.
produced
1 2 3 4 5
A. g. Rs. P.
Serial No. of the Name of the Survey No. and Sub- Area Assessment and Judi.
entry in the register village division No. or house No.
of attached property or any other distinctive
and property No. of the property.
produced
(14) The consecutive numbers of outstanding estates and attachments etc. in the Register E and F at the
end of each year should be noted in the opening page of the same registers for the following year. A note
should be made in the new register against every outstanding item showing how and on what day it was
disposed of, the full details being entered in the old register.
(15) Subsistence money of civil prisoners, expenses of witnesses and miscellaneous petty items required
for immediate disbursement. Form G.H.-For subsistence money of civil prisoners, expenses of witnesses
and miscellaneous petty items required for immediate disbursement, the registers of receipts and
payments shall be in Forms G and H, respectively.
In respect of items entered in each of these registers the Nazir should not retain in his hands, except with
the special permission of the Judge, a larger cash balance than Rs. 200 in the case of the Court of the Civil
Judge (Junior Division), Rs. 400 in the case of the Court of the Civil Judge (Senior Division) and Rs. 500
in the case of the District Court. The daily total from column 10 of Register G and column 8 of Register
H shall be entered in the cash book, Form I. Items of subsistence money of Civil prisoners lapsing to
Government under section 16 of the Bombay Civil Jails Act Ii of 1874, as amended by Bombay Act II of
1882, shall be remitted to the treasury to be credited as a final receipt of Government. The balance of sum
recovered on account of expenses of witnesses, and on account of miscellaneous petty Items required for
immediate disbursement, which remain unpaid over 12 months shall be included in the return prescribed
in rule 27 and dealt with in accordance with the said rule.
The following are instances of miscellaneous petty items :-
(1) Money deposited for keep of attached cattle.

(2) Salary of additional bailiffs.
(3) Deposits of money for court-fees needed for Succession Certificate and Certificates under Regulation
VIII of 1827, or similar documents, or for the issue of a fresh proclamation of sale.
(4) Remittances accompanying commissions and processes from other courts.
(5) Printing charges of notices under Order I, rule 8, of the Civil Procedure Code and other sections or
rules.
(6) Fee paid for the proclamations by beat of drums.
(7) Expenses deposited for breaking open the lock in order to attach property or deliver possession of
property.
(8) Expenses for bringing attached property to the Court house.
(9) Any other petty item which the District Judge may direct to be entered in the Registers G and H.
The money for which Registers G and H are kept should be received and disbursed by the clerk whose
duty it is to write them, the balance being handed over when found correct at the close of the day to the
Nazir, who should himself revise the totals.
The Nazir should also see at the end of each days, transactions that each payment in the H Register is
supported by a voucher and covered by a receipt entry in the G Register, and should sign below the day's
totals in token that he has done so.
When it is necessary to open a new `G' Register all further payments from the sums to be disbursed in the
`H' Register should be noted in columns 11 and 12 of this Register.
(16) Use of Cash Book –Form I.-- In the cash book (Form I) shall be entered separately one the debit or
credit side, as may be necessary---
(a) the daily totals of each of the Registers C,D (which include the daily totals of Registers E,F) and the
daily totals of G,H;
(b) Such items as are intended to be finally credited to Government, these shall be taken direct to the cash
book, and the subsequent payment to Government or refund debited percontra. In such cases only will
columns 3,4,5,10,11 and 12 be entered up.
(c) the daily totals from the Daily Fee Book and payments made there out as per rule 8 of the Copying
and Translation Fee Rules (Paragraph 761).
(17) Remittance to treasury with chalans.-- All sums that are intended to be finally credited to
Government shall be sent to the treasury at frequent intervals during the month, or daily if possible. These
remittances shall not be entered in the pass book (K), and must be sent separate from sums to be credited
to the Court's deposit account mentioned in rule 20. The Court will receive from the treasury officer an
acknowledgment on the chalan presented.
(18) Daily Closing of Cash Book.-- The cash book shall be closed and balanced every day. The closing
entry shall specify particulars of the balance thus :--
Specification of Balance Rs. P.
(1) In the Treasury .. .. .. ....

Cash with the Nazir
(2) Deposits, etc., Form C .. .. .. .... (3) Deposits from, Form G .. .. .. ....
(4) Copying Fee deposits .. .. .. ....
(5) Other sums credited direct in cash book .. ....
Total ....
-----------------------------------------------------------------------------------------------------------
Entry I must agree with the pass book K, and the aggregate of 2,3,4 and 5 should be verified by counting
the cash. The Nazir, having ascertained that the transactions of the day have been correctly entered in the
cash book and that the arithmetical balance is correct, shall sign the cash book on the left and obtain the
signature of the Judge on the right side below the closing entry. The pass book and Registers referred to in
the cash book entries should be brought for verification of the latter entries by the Judge. In Small Cause
Courts, where there is a Registrar, the Registrar of the Court shall be responsible that the amounts have
been correctly entered and that the arithmetical balance is correct and shall sign the book every day on the
right side below the closing entry. When a Judge presides over more than one Court, or when he is absent
from his Court, there being no locum tenens, he shall, on his return to his Court examine and sign the
accounts for the days of his absence. In District Courts, where there is an Assistant Judge he may, by
order of the Judge, sign the accounts.
(19) Use of ledger –Form J.-- The ledger (Form J) is a supplementary record of all sums shown in the
Registers C.D. The entries made in C and D shall be posted in J every evening or at least the first thing
the next morning.
(20) Remittances to treasury with pass book— Form K.-- Transactions with the treasury in regard to the
Courts deposit account shall be by means of a pass book (Form K) and by cheques (Form L). Every
remittance to the treasury, intended to be credited to the Court's deposit account, shall be accompanied by
the pass book and a treasury chalan in a form that will be supplied on application by the treasury officer.
Entries will be made in the pass book at the treasury and be receipted by the Accountant and Treasurer
when the remittance is under Rs. 500, and by the treasury officer when it exceeds that sum. The Nazir
shall not retain, except with the special permission of the Judge, a larger cash balance in his hands than in
the case of Subordinate and Small Cause Courts, Rs. 200, and in the case of District Court, Rs. 500. All
sums in excess of this amount shall be paid into Government Treasury as a deposit with Government.
In case the special permission of the Judge could not be obtained on account of the absence of the Judge
from Headquarters his post facto sanction forthwith on his return at Headquarters must be obtained;
Provided that the District Judge and the Civil Judge (Senior Division) may place on deposit at a Co-
operative Bank, certified by the Registrar of Co-operative Credit Societies, such part of any monies on
deposit in the District Court and the Court of the Civil Judge (Senior Division) respectively as all parties
concerned may agree in asking them to dispose of in this way. Such deposits, however, shall be made only
with the written consent and at the risk of the parties to whom the money belongs.
There shall be, as far as possible, a daily remittance from the Court to the treasury, and to secure an
agreement between the treasury and the Nazir accounts no portion of the amount entered in Form C shall
be retained from deposit on the last working day of the month.
(21) The provisions of paragraph (2) relating to maximum cash balance which can be retained by the
Nazir do not apply to items entered in the “G” and “Fee” Registers. In respect of items entered in each of
these Registers, the Nazir should not retain in his hands, except with the special permission of the Judge,
a larger cash balance than Rs. 200 in the case of the Court of Civil Judge (Junior Division), Rs. 400 in the
case of the Court of the Civil Judge (Senior Division) and Rs. 500 in the case of the District Court.
However, the Nazir may transfer the amounts in excess of permissible limits from the `G' and `Fee'
Registers to `C' Register for being credited directly to the treasury provided the amount of `C' Register
does not exceed the prescribed limit. For making such transfers receipt in Form À' is not necessary.
(22) Cash transactions shall be commenced at 11-00 a.m. They should be closed as far as possible half an
hour before the closing hour of the Treasury so that the Nazir may be in a position to arrange for sending
the daily cash amount to the Treasury: Provided, however, that the District Judge or the Civil Judge
concerned may permit andy transaction to be effected beyond the prescribed hours in exceptional
circumstances.
Note 1.-- The Nazir of the Pimpalagaon Court in the Nashik District has been permitted to retain in his hands a cash
balance upto Rs. 300. The amount of his security has been fixed at Rs. 3,000 instead of Rs. 2,000.
Note 2.-- The Nazir of the Lchalkaranji Court in the Kolhapur District has been permitted to retain in his hands a
cash balance upto Rs. 1,000. The amount of his security has been fixed at Rs. 4,000.
(23) Withdrawals from treasury, by cheque-- Form L.-- Withdrawals from the Court's deposit account
with the treasury shall be by cheques (Form L) signed by the Judge or Assistant Judge or, with the
approval of Government, the Registrar or the Clerk of the Court. In such cases the District Judge shall
inform the treasury officer of the name of the officer authorized, and furnish a specimen of his signature.
Whenever it is convenient to make several small payments to different persons, one cheque for the
aggregate amount may be issued in favour of the Nazir; but payments to parties, when the amount
exceeds Rs. 20, can be made by a cheque in favour of the payee at the option of the latter : but the payee
must be informed that payment can only be made at the treasury on the date of issue. If it is late in the
day, and there is a possibility that the cheque cannot be presented on the date of issue, it can bear the next
day-s date. If the currency of a cheque has lapsed it may be revived by an endorsement thereon for
immediate payment, on satisfactory explanation being furnished.
(24) Payments otherwise than by cheque.-- There is no objection to payments being made to decree
holders and others from deposits received during the day; but when the account is made up in the
afternoon, the amount so paid shall be recouped by drawing a cheque which should accompany the cash
sent to the treasury and be adjusted on the treasury accounts, so that the gross transactions may pass on to
the Government books.
(25) Posting of pass book at treasury.-- The Judge shall arrange to send the pass book to the treasury
during the first week of the month to be written up, balanced and signed by the treasury officer after
verification with the treasury accounts. Whenever the pass book is presented at the treasury, the cheques
paid must be posted in the pass book and the entry attested by the treasury officer.
(26) The Court shall render punctually to the Accountant General monthly, a Plus-Minus Memo in the
sub-joined form along with duplicate Register Form D signed by the Nazir and counter signed by the
Judge, containing full details of payments :
Plus and Minus Memo for the month of .................
Rs. P.
Opening balance .. .. .. ..
Deposits received during the month .. .. ..
Less Total..
Deposits repaid during the month of as per register submitted ..
Total..
Balance
In Court which I have verified .. .. ..
In the Treasury as per Pass Book .. .. ..
Total..
(Signed)
Dated : Judge.
The Judge, before countersigning the Plus and Minus memo, should verify the cash balance in Court and
entry as to the balance in the Treasury shown by the Pass Book by examination of the Pass Book.
(27) The subordinate courts should maintain a separate file of the applications, seeking payments of the
amounts of deposits, arranged chronologically.
Deposits not exceeding five rupees unclaimed for one whole account year, balances not exceeding five
rupees of deposits partly repaid during the year then closing and all balances unclaimed for more than
three complete account years, will at the close of March in each year be credited to Government. In the
month of January of each year, a list shall be posted up in the Court-house showing the sums of money in
deposit with the Court which are due for lapse at the end of March following, as laid down above and the
names of persons to whom they are due; and if no one appears before the 31st of March to claim the sum
due to him, it shall be paid into the treasury to the credit to Government as a deposit unclaimed for the
eventual benefit of any person who may duly establish his claim thereto the satisfaction of the Court. To
ensure the lapsed deposits being adjusted at the treasury before 31 st of March the cheque should reach the
treasury not later than the forenoon of that date. In the month of April following the Court shall furnish to
the Accountant General in Form N in accordance with the provision of the rule 506 of the Maharashtra
Treasury Rules, 1961, Vol. I, a statement of the balances written off and credited to Government prepared
from the original registers (Forms C and G) and the Copying Fee Register and not from the ledger (Form
J).
(28) Refund of lapsed deposits.-- Deposits credited to Government under rule 27 cannot be repaid without
the sanction of the Accountant General, but this sanction will be given as a matter of course of proof that
the item really received was carried to credit in the Government accounts as a lapsed deposits, and the
preferring officer has ascertained that the amount is now claimed by the person who was entitled to draw
it before the lapse, or his heir. Applications for refund shall be made in Form M by the Judge to the
Accountant General who, if the credit for the amount is exhibited on his books, will authorize payment
and return the document to the Judge for delivery to the party concerned, who should personally, or by an
agent claim payment from the treasury. These refunds will not be brought on the Court's accounts. On
receipt by the Court of the Accountant General's sanction, a note of the number and date thereof shall be
made against the original entry in Register C.
(29) In some Courts attached properties, or properties brought by Bailiffs or produced by parties, remain
unclaimed for a long time. In some cases the parties or their heirs are not known and in some cases parties
do not take steps to claim their properties even though they are ordered by the Court and are served with
notices to do so.
In all such cases a notice should be issued to the person entitled to the property, if he can be traced, to
take it back within three months from the date of receipt of the notice. If the property is not taken back by
him within the prescribed period of three months, or if such person is untraceable, sanction of the District
Judge should be obtained for its sale and the property should then be sold by public auction. The sale of
such property should be held by issuing a proclamation which should be affixed to some conspicuous part
of the place where the property is situated or in the Chavdi of the village, and on the Notice Board of the
Court. Where, the value of the property is large, the proclamation should in the discretion of the Court,
also be published in a newspaper. The sale proceeds thus realised after deduction of the expenses
incurred, should be deposited in the Civil Court Deposit in the name of the person entitled to the property,
for the eventual benefit of the person who may duly establish his claim to the property to the satisfaction
of the Court and if the amount remains unclaimed for three whole account years it should be credited to
Government as a lapsed amount. The provisions of sub-paragraph (28) will, so far as may be apply to the
refund of such lapsed amounts.
743. It will be noticed that the present rules and forms apply solely to moneys received and paid by Civil
Courts in connection with suits or judicial proceedings. They do not apply to moneys received and paid
by a Nazir in the administration of a lunatic's estate. The administration by the Nazir of any such estate
will continue to be under the supervision of the Judge.
744. In the same way, the rules and forms do not apply to Government money which has been paid into,
or drawn from the treasury on account of pay or other allowances of judicial establishments. In respect of
such Government money, District and Civil and Small Cause Court Judges are bound to carry out such
orders as may be issued from time to time by Government, or the Accountant General acting under
Government orders. As illustrations of other items not appearing in the Civil Court accounts, the
following may be noted :--
(a) Expenses of witnesses and Lawyers' fees in criminal cases.

(b) Purchase and sale of dead stock articles.
(c) Rent and municipal taxes.
(d) Travelling allowances to members of the establishment.
(e) Departmental fines inflicted on members of the establishment.
745. If there is any Circuit Court or Courts in the District separate Registers and Account Books should be
maintained for such Circuit Court or Courts.
746. A supply of blank bilingual forms mentioned in paragraphs 656(3) (English and regional language)
can be obtained by indent on the Yeravda, Central Prison Press, Pune. The book of receipts (Form A), will
be in bound books of 500 forms, each receipt and counterfoil being serially numbered. If found more
convenient, two or more books may be used at the same time, each being distinctively marked.
747. It will be noticed that the Registers, A,E,F,G,H may be kept in all Court in English or regional
language. In District Courts the Forms C,D,I,J,K,L must be used in English only, and there need be no
difficulty in this respect, as no person not possessed of good knowledge of English can be appointed
Nazir of a District Court. In Subordinate and Small Cause Courts, all the accounts may be kept and the
forms used in the regional language but the duplicate of the Register D (which must be written up both
the original and duplicate from day to day) must be submitted every month in English to the Accountant
General. As the forms are bilingual this will not be difficult if care and supervision are exercised by the
Judges of the Subordinate and Small Cause Courts. The application for refund of lapsed deposit (Form M)
is in English only, and will be filled up in English in all Courts.
748. It will be noticed that moneys paid into court in connection with suits or judicial proceedings are
divided under two heads :--
(a) Sums to be credited at once to Government, such as :--

(1) fines inflicted by a Civil Court under section 345 of the Code of Criminal Procedure, 1973, or under
Order XVI, --Civil Procedure Code (fines inflicted by Sessions Court cannot appear in Civil Court
account);
(2) penalties for insufficient stamp-duly;
(3) comparing fees;
(4) fees for copies made by paid members of the establishment and credited to Government (Nos. (3) and
(4) though not necessarily paid in connection with a suit or judicial proceeding should always be shown in
these accounts);
(5) commission fees paid for work done by Government servants during office hours.
All these items should be taken direct to the cash-books (Form I).
(b) Sums, deposited with the Court, intended to be paid to some person, but which, if not so paid and
unclaimed, are credited to Government, such as--
(1) sums received on account of subsistence money of Civil prisoners, expenses of witnesses, and
miscellaneous petty items required for immediate disbursement. Those are generally disbursed at once,
they are shown in Registers G,H, the daily totals, without any details, being taken direct to the cash-book
(Form I).
(2) sums received on account of property of which the Nazir is appointed administrator under the
provisions of sections 9 and 10 of the Bombay Regulation VIII of 1827 (Form E), the daily items without
details, being shown seriatim in the deposit Registers (C,D).
(3) items of attached property, viz cash and the proceeds of property other than money which has been
attached or produced (Form F), the daily items without details being shown seriatim in the deposit
Registers (C,D).
(4) sums paid in connection with suits or judicial proceedings and not appearing in the above mentioned
registers, but taken direct to the deposit Registers (C,D) such as sums paid in execution of decrees.
749. In order to avoid omissions and lapses in the maintenance of Personal Ledger Account of Civil and
Criminal Court deposits, the following instructions should be followed scrupulously :
(1) Whenever any amounts are to be credited to the Personal Ledger Account, the person crediting the
amount should be supplied with correct classification to avoid wrong postings of credit.
(2) The balances in the Personal Ledger Account should be verified periodically say monthly or
bimonthly instead of waiting till the reconcilation at the time of issue of the annual balance certificate.
(3) In regard to the cheques received and issued so long as they are not encashed the Treasury Officer
would not know the actual receipt or withdrawal from the Personal Ledger Account. In this respect
instructions below rule 515 of the Maharashtra Treasury Rules are to be followed scrupulously.
750. The Register of property of which the Nazir is appointed administrator under the provisions of
sections 9 and 10 of the Bombay Regulation VIII of 1827 (E) is for the use in District Courts only. It is
distinct from the return of property of persons dying intestate and all transactions relating to it should be
entered on the page though occurring on various dates.
751. Similarly in the Register of attached and produced property a separate page should be assigned to
each attachment and production and all items referable to that attachment or production should be noted
on that page. It must be understood that the Register of attached and produced property (F) in no way
supersedes the Register of Applications for Execution of decrees (Form 1, Chapter XXI, page Vol. II), or
the Register of Suits (Civil Procedure Code, Schedule I, App. H 101 No.14), the columns in which
relating to execution must be duly filled in.
752. The Bailiff's Process Service and Receipt Book (Form P, Appendix I, page 81, is retained; but with
respect to the 13th column of that form the money returned by the bailiff should be re-entered in Register
G, unless handed over at once to the party or lawyer. (Circular No. 1177, dated 17 th September 1885). In
the case of expenses of witnesses sent to, or received from other Courts, the necessary information can be
easily shown in the Registers G,H. Where any sum on account of expenses is paid to a witness in Court in
the course of the suit or proceeding, and a receipt is taken there and then and filed in the record no entry
need be made in Registers G,H. The few instances, covered by paragraph 118, Chapter VIII, page should
be shown in the Registers G,H.
753. It will be noticed that while remittances of money to be credited at once to Government are sent to
the treasury with a chalan only (rule 17), remittances of money to be credited to the Court's deposit
account are sent to the treasury with the pass-book and a chalan (Rule 20). The last working day of the
month referred to in rule 20 is, in the case of sub-treasuries, usually the 25th, except in March, when they
close on the 31st. Special provision will be made for the few l cases in which there are no sub-treasuries at
the place where the sub-courts are held.
754. The ledger (J), it will be noticed, will not contain any entries of any moneys not to be found in the
deposit Registers C,D. The list of lapsed deposits (rule 27) must be prepared from the Registers C and G,
and not from the ledger. Prefixed to the ledger there should be an index in rough alphabetical order
showing the names of the defendants or persons paying the moneys, the corresponding pages of the
ledger, and the numbers of the suits or proceedings.
It is not necessary to have accounts in the ledger corresponding to the Registers E and F.
755. Each page of every register and book of account shall be paged and an endorsement shall be made at
the end of the book showing the number of pages and signed by the presiding Judge.
756. Every alteration in the accounts shall be forthwith initialled by the Nazir or responsible officer--
(a) The Judge should not pass any payment order without referring to the deposit amount or balance at the
credit of the depositor in each case. If this is done, over payments are impossible
(b) The Judge should not sign any cheque without referring to the payment order passed by him and to the
debit entry in the account books.
757. Under Article 35, Civil Accounts Code, Vol. I, every Court having the power to fine is required to
transmit to the Accountant General through the Treasury Officer a monthly return of all fines realized and
of all remittances of fines to the Treasury. The submission of the fine-statements to the Audit Office and
the checks exercised there over the receipts and refunds of fines as laid down in Article 35 of the Civil
Accounts Code, and note (i) to Article 409, Audit Code, will be discontinued. A monthly comparison in
detail should therefore be made in future by an officer of the Court of the fine realizations with the actual
credits into the Treasury. For this purpose the Treasury Officer will return the fine statements duly
verified to the Court through the usual official channel instead of forwarding them to the Audit Office.
The above procedure will be applicable in the case of Civil, Criminal and Revenue Court fines.
758. The Judge should inspect the Nazir's accounts at the beginning of January, April, July and October,
respectively. He should also call occasionally for the various registers and accounts mentioned in this
Chapter and satisfy himself that the entries have been carefully and properly made. When such inspection
is made the Judge should note the fact with his own hand on the register of account inspected. The
examination of the accounts, whether under rule (2&) of the Account Rules or on any other occasion, may
be carried out by the Clerk of the Court. The Nazir is allowed to lodge, for safe custody, in the Collector's
Treasury, a box, or boxes containing property of which he holds charge in his official capacity as Nazir,
but for the contents of these boxes the Collector's establishment cannot be held responsible.
In any special case, such as a Sessions case, where there is valuable property, and it may not be
convenient to send it to the Treasury every night, the District and Sessions Judge should indent on the
police in his discretion for a police guard.
Any specially valuable property and also boxes containing cash and valuables, which it is considered
would not be sufficiently protected if left in the Court safe or strong room when the Court is closed,
should be deposited by the District Judges and the Civil Judges in the Treasury or Sub-Treasury for safe
custody during the night. The Treasury Officers and Sub-Treasury Officers should be required to receive
such property and cash boxes up to the closing hour every working day.
Any property sent by a Court to a Treasury or Sub-Treasury for safe custody after the closing hour should
be delivered to the senior officer of the Police guard who should receive it, if it is properly secured in a
sealed receptacle and should be responsible for its safe custody.
The Judge should also verify the cash in the Nazir's custody at least once a month without previous
warning, comparing it with the Cash Book and the Pass Book and nothing in the Cash Book in his own
hand that he has verified the cash on that date. This verification should be independent of any certification
made in connection, with the submission of Plus and Minus Memos of Deposits (vide rule (25) on page
305) when there is generally little cash retained in hand.
The cash should also be verified on the re-opening of the Court after the Summer Vacation.
The verification of the cash of a District Court may be delegated by the District Judge to a Joint or
Assistant or Civil Judge.
759. In order to prevent the instances of losses of Government money and/or property through negligence,
fraud, misappropriation, theft, and to help the recovery with least possible delay of the losses from the
persons liable for the same, the following instructions should be followed :--
(1) Immediately the loss is detected it should be reported (a) to the High Court, where the loss is below
Rs. 2000, and (b) to the Accountant General and Government through the High Court, if the loss is above
Rs. 2000, in Form A, given below.
(2) After the various preliminary investigations and steps are completed a detailed report should be made
to Government through the High Court, in Form B, given below.
(3) Thereafter monthly reports should be submitted to Government through the High Court in Form C,
given below. The submission of the reports in this Form where there is loss of Government money and/or
property to be reported, replaces the existing practice of submitting monthly reports in pursuance to the
Government Resolution, Law and Judiciary Department, No. MDP. 4566-J, dated the 30th July 1966, and
the High Court Circular No. A (Cri.) 2243/59, dated the 1 st September 1966; where however, there is no
loss of Government money and/or property to be reported, nil reports should be continued to be submitted
monthly as before.
(4) The District Judges should ensure that there is no delay in the submission of the report referred to at
(1), (2) and (3) above. They should also see that replies given to the various items in forms À', `B' and
`C' are not vague and that complete information is furnished in respect of each item.
(5) In order of ensure that cases of loss of Government money and/or property are finalised within the
shortest possible time, it is necessary to take proper and timely steps in respect of every stage of the
action to be taken, such as punishment of the delinquents, recovery of the lost or misappropriated money
and/or property, action against the supervisory staff, etc. For this purpose, it is necessary to watch the
progress made in the finalisation of such cases. In order to achieve this the following steps should be
taken :-
(i) In each District Court, an experienced Senior Clerk should be entrusted with the work relating to cases
of loss of Government money and/or property.
(ii) He should examine the progress reports received from the subordinate courts and bring to the notice
of the District Judge the delay, if any, on the part of Judicial Officers, and the District Judge should issue
suitable instructions in the matter.
(iii) The progress made in the finalisation of such cases should be reviewed in the periodical meetings of
Judicial Officers in the District held by the District Judge. If it is found that the steps taken by any
Judicial Officer in any particular case are not adequate, the District Judge should give suitable specific
instructions regarding the steps to be taken for expeditious finalisation of such cases.
APPENDIX
FORM À'
Preliminary report regarding cases of loss of Government Money and/or property caused by negligence,
misappropriation, theft, etc.
1. Name of the Court in which the loss occurred ..

2. Time and date of occurrence of loss ..
3. Approximate amount of loss ..
4. Names of persons suspected to be responsible for ..
the loss.
5. Names of delinquents (it found) who are--
(a) Directly responsible for the loss ..
(b) Who have facilitated the loss by their negligence, ..
lack of supervision, connivance, etc.
6. Steps taken on the detection of the loss--
(a) Whether referred to the police ?
(b) Whether a departmental enquiry has been
started ?
(c) Whether the delinquent (if found) has been
suspended ?
7. If this report is delayed, reasons for the same ..
8. Any other special circumstances ..
Date : District Judge.
Form `B'
Further report regarding cases of loss of Government Money and/or property by negligence,
misappropriation, theft, etc.
1. Name of the Court where loss occurred ..

2. Time and date of occurrence of loss ..
3. When, how and by whom the loss was detected ..
4. Exact place where the loss occurred e.g. the court
room, muddemal room, Nazir's room etc. ..
5. The exact amount of loss ..
6. Nature and details of money and/or property lost
(i.e. Whether it is muddemal property, court deposits,
amount of fine, bhatta, etc.) ..
7. Modus operandi by which the loss was caused ..
8. Delinquents responsible for the loss--
(a) Their Names ..
(b) Their designations and stations at the time of
loss. ..
(c) Their designations and stations at the time of
report. ..
9. Action against the delinquents--
(a) Whether transferred ?
(b) Whether suspended ? ..
(c) Whether the matter has been referred to the
police ?
(d) Whether police investigation has commenced ?
(e) Whether prosecution is being launched against
the delinquents in consultation with the
Government Pleader and the Public
Prosecutor ? If not, why ?
(f) Has departmental enquiry been started in
accordance with the instructions contained in
Appendix 20 of the Financial Rules, 1959.
10. Recoveries---
(a) Amount recovered so far .. ..
(b) From whom recovered .. ..
(c) Steps taken for recovering the balance from
the delinquents.
(d) If the delinquents are suspended, whether
payment of Dearness Allowance has been
withheld as provided for by Government
Circular, Political and Services Department,
No. CDR. 1058, dated 15th March 1958.
(e) Whether the delinquents own any attachable
immovable property ? If so, give details
with price.
(f) Whether security bonds have been furnished
by the delinquents ? If so, are the sureties
alive ?
(g) Steps taken for recovering the amount from
the sureties (if any),
(h) Whether the amount recovered has been
credited to Government ? If, not, why ?
(i) Whether the details of credit have been
furnished to the Audit ? If not, why ?
(j) Whether the recovery has been utilised to
recoup the defalcated money ? If so,
details thereof.
11. Is the loss of Government money found to have been

facilitated or long concealed by laxity of supervision
on the part of superior officers ? If so, who are the
officers and what steps are being taken to assess
the personal liability of such officer ?
12. Is the loss of Government money and/or property

or its concealment found to have been rendered
possible by a defective system ?
13. If so, is the question of remedying the system being

taken up with a view to removing the defects ?
If so, what are the steps taken or proposed to be
taken ?
14. Any other material information, with remarks ..
Date : District Judge.
FORM `C'
Monthly progress report regarding cases of loss of Government Money and/or

property for the month ending
1. Name of the Court where loss occurred .. ..

2. Names of the delinquents .. ..
3. Total amount lost .. ..
4. Amount recovered so far .. ..
5. Amount yet to be recovered .. ..
6. Progress made during the month under report
regarding :--
(i) Police investigation .. ..
(ii) Prosecution of the delinquent ..
(iii) Departmental enquiry against the delinquent
(iv) Recovery of outstanding amount
(v) Action against official responsible for slack
supervision.
(vi) Crediting of amounts recovered to Government
and communication of details of credit
to the audit.
(vii) Write off of the loss .. ..
Date : District Judge,
CHAPTER XLI
LAND ACQUISITION CASES DEPOSITS
760. Instructions issued by the High Court for the guidance of the Civil Courts subordinate to it in regard
to depositing into Court of Compensation Money under section 31, clause (2) and for the Investment of
such Deposits under section 32 and 33 of the Land Acquisition Act, 1894 (I of 1894).
I. When a Collector, acting under clause (2), section 31 of Act I of 1894, deems it expedient to deposit in
Court the amount of the compensation money therein referred to, he will remit the same by means of a
cheque in favour of the presiding officer of the Court or a receipt duly endorsed to him payable by order
of the Court to the credit of Civil Court Deposits. The cheque will be accompanied with a receipt in
triplicate, one of which shall be retained by the Court for record, and the other two returned duly signed to
the Collector.
II. Every sum deposited in the manner prescribed in paragraph I shall be entered on the date of such
deposit in the Register of deposit Receipts, Form C, at page 71 of Volume Ii of this manual.
III. Every cheque or receipt relating to such deposit shall be forwarded duly endorsed, if possible, on the
day on which the deposit has been entered in the Register of Receipts or on the following day at the latest
unless such day is a Sunday or a close holiday to the nearest Treasury office to be credited to the Civil
Court Deposits Account.
IV. If after making the enquiries laid down in sections 21 to 25 of the Act, the Court upholds the award of
the Collector, it shall proceed to make the payments to the party or parties concerned by cheque on the
Treasury office where the deposit has been made under the last foregoing paragraph.
V. If an award is made in favour of more persons than one, and one or more of such persons not assenting
to it have preferred an appeal against such award and desire for reasons to be stated by him or them in
writing that the amount of the deposit should not be distributed among the others, he will apply without
unnecessary delay to the Court making the award which may either make an order deferring payment
until the disposal of such appeal or make payments under its award on such terms as to security or
otherwise as it thinks fit.
VI. The application referred to in the last proceeding paragraph may be made to the Court in which the
appeal has been filed, and such Court may make such order as to payment or otherwise on such terms as it
thinks fit.
VII. When the award of the Court has been confirmed on appeal, the Court in which the deposit has been
made shall, on receipt of the order of the Appellate Court, and on application made by the party or parties
interested, proceed to pay the amount in the manner prescribed in paragraph IV.
VIII. If, after making the necessary enquiries referred to in paragraph IV, the Court makes an award in
excess of the amount deposited by the Collector, and the Collector has paid such excess together with the
interest prescribed by section 28 of the Act, the Court shall follow the procedure in paragraphs II to IV.
IX. If the Appellate Court either varies or confirms the award of the lower Court, the latter on receipt of
the order on appeal shall, after the Collector has made further deposit, if any, on application by the party
or parties interest, proceed to make payments in conformity to such order, having regard to the
instructions herein before laid down.
X. When a Court deems it expedient to invest under section 32, clause (a) the, amount deposited with it
under section 31, clause (2), in land or lands it shall communicate with the Collector or other Revenue
authority giving the particular description of title and conditions of ownership of the land or lands
proposed to be purchased. The Collector or other Revenue authority shall thereupon proceed to ascertain
what land or lands can be so purchased and make a report to the Court specifying in detail the particulars
of title, conditions of ownership together with the area, boundaries and site of such land or lands, and its
or their price which should be as nearly as may be equal to the amount of the deposit.
XI. On receipt of the Collector's report, the Court shall forward a copy thereof to the party or parties
interested together with a notice calling upon him or them to file a writing within eight days after service
thereof his or their objections to the purchase of the proposed land. The time for filing such objections
may for sufficient reasons be extended so as not to exceed two months in all from the date of the first
notice.
XII. If the objections are filed by the time prescribed, the Court shall fix a day for considering them, and
after hearing the party or parties concerned may make such order as it thinks fit.
XIII. If no such objections are filed within the prescribed time, the Court will, after satisfying itself that
the notice was duly served, authorize the Collector in writing to purchase the land or lands on behalf, and
in the name, of the person or persons interested, unless it sees sufficient reason to the contrary.
XIV. On receipt of such authority, the Collector shall cause a draft of the conveyance to be prepared, and
send the same for the approval of the Court.
XV. On receipt of such draft, the Court shall forward a copy of it to the party or parties interested together
with a notice calling upon him or them to suggest any alterations or additions which might be deemed
necessary, and return the copy within 15 days after service of such notice. If such party or parties fail to
suggest any additions or alterations by the time aforesaid or within such further time as the Court may
grant for sufficient reasons, the Court may return the draft to the Collector duly approved or with such
alterations or additions as it may of its own motion deem necessary to make.
XVI. If the party or parties referred to in paragraph XV or their legal representatives submit within the
time prescribed to the Court an amended draft, the Court shall fix a day for the consideration of the
proposed alterations or additions and after hearing such parties as may wish to be heard or their legal
representatives decided whether the proposed alteration or additional should be allowed or not and make
such other alteration or addition as it may deem fit. The Court shall them return the draft to the Collector
to be engrossed.
XVII. As soon as such draft is engrossed, and the vendor is ready to execute it, the Collector, shall
intimate the same to the Court which will remit to the Collector by cheque the amount of the purchase
money.
XVIII. The Collector shall, before payment, cause the conveyance to be duly stamped and executed and
after taking over possession from the vendor shall forward the conveyance to the Court which shall make
it over to the person or persons interested or his their duly authorized representative, and refer him to the
Collector for possession.
XIX. When a Court acting under section 32, clause (b), or section 33 deems it expedient to invest the
amount deposited with it in Government securities, it shall communicate its intention to the Reserve Bank
of India specifying the amount to be invested. The Reserve Bank of India, on receipt of such
communications, will make his reports to the Court as to the value of the Government securities that can
be purchased for the amount specified.
XX. On receipt of such report, the Court shall, as soon as may be, remit the amount deposited with it for
the investment referred to in the last foregoing paragraph to the Reserve Bank of India who will
thereupon make the necessary investment, and remit the balance, if any, to the Court to be held in deposit
at the Treasury, retaining the investment in his custody, subject to the further order of the Court.
XXI. When a Court acting under section 32, clause (b), or section 33 deems it expedient to invest the
amount deposited with it in approved securities other then Government securities, such as port Trust,
Municipal Bonds, it shall purchase of the amount deposited such of those securities in which in its
opinion, it could for the time being be most profitably invested, and lodge the same with the Reserve
Bank of India to be held by him subject to the further orders of the Court.
XXII. The securities purchased under the foregoing paragraphs should be deposited with the Reserve
Bank of India for safe custody, subject to payment of commission at rates laid down in paragraph 143 of
Chapter X of the Government Securities Manual, Fourth Edition, 1966, if the securities are to be
deposited for more than five years. The Reserve Bank will arrange for the drawl and remittance of interest
thereon as and when it falls due.
If, however the securities are required to be held for five years or less than five years, they should be
deposited with the Treasury officer, as laid down in paragraph 140 of the Government Securities Manual,
Fourth Edition, 1966.
XXIII. Every payment made by the Court out of the account deposited under the foregoing paragraphs
shall be entered in the Register of payments kept in accordance with Form D at page 72 of Volume Ii of
this manual.
CHAPTER XLII
ANNUAL ADMINISTRATION REPORT
761. In order to avoid delay in the preparation of the consolidated statements in the High Court for the
purposes of the compilation of the Annual Report on the Administration of Civil Justice and to ensure that
correct statements are submitted by District Judges and other officers, a set of instructions for the
checking of such statements is given below. Before submitting their statements the District Judges and
other officers will have them checked in the light of these instructions and assure themselves that they are
correctly drawn up.
GENERAL
I. The Statements should be submitted early enough to reach the Registrar's office by the 1 st of February
of each year.
II. The instructions printed on each form of Statement should be carefully studied and noted.
III. The information in respect of various tribunals and classes of cases should be shown in only one set of
forms.
IV. (i) The Annual Reports on the Administration of Civil Justice which are submitted with the Annual
Judicial Statements should be as brief as possible. It is unnecessary for the District Judges to send a
detailed report every year, reviewing and reproducing the statistics of each statement in detail. It is
sufficient if a very brief report containing only the explanation of really important or suggestive variations
in the statistics is submitted, as the reports are only used for the Administration Report of the High Court.
(ii) The reports should also briefly note the variations in the constitutions or the jurisdictions of the
Courts, Civil or Criminal, during the year and mention the Courts which were inspected as well as those
which were assisted by the deputation of Civil Judges within the district as Joint Civil Judges, or by the
appointment of extra Civil Judges. They should also contain remarks about the condition of Record
Rooms and libraries and should state whether any Judicial Conference was held during the year.
(iii) The reports need not accompany the Annual Judicial Statements but may be sent after wards as no
use can be made of them till the general statements are ready.
STATEMENT No.1
I. The Officers shown in this Statement should be those who are at the places in that District on the 31 st
December of the year under report.
II. The number of Civil Judges who have done both Civil and Criminal work should be given in the
remarks column No. 6.
III. The number of Nyaya Panchayats doing Civil work should be shown separately in column 2 under
heading “Civil Courts”.
STATEMENT No.2
I. Figure in column 2 should correspond with the total entry in column 21-A of Statement No. 5.
II. Figure in column 3 should correspond with the total entry in column 21A of Statement No. 6 with the
addition of the total entry in column 7 of Statement No. 13.
III. Figure in column 4 should correspond with the total entry in column 14A of Statement No. 7.
IV. Figure in column 5 should correspond with the total entry in column 14A of Statement No. 8.
V. In the Remark column 6, the details of column 3 should be given as under :--
1. Insolvency cases,
2. Miscellaneous cases,
3. Applications for execution of decrees.
STATEMENT No. 3.
I. The total of columns 3 to 6 against each sub-head should agree with the figure in column 7.
II. The total of columns 2 to 7 should correspond with the figure in column 8.
III. The District Judges should classify the suits to be shown in column No. 6 as per instructions
contained in the High Court Circular No. D. 3201/58, dated the 3 rd September 1958, and show the
classification in Remarks column 9.
IV. Information regarding Nyaya Panchayat should be given against the heading village Courts.
STATEMENT No. 4.
I. The total of columns 2 to 9 against each sub-head should correspond with the figure in column 10.
II. The figures in column 10 against each sub-head should respectively correspond with the figures in
column 8 of statement No. 3 as well as in column 3 of Statement No. 5.
III. In column 8 the suits of a value between Rs. 5,000 and Rs. 10,000 should be shown and suits of a
value above Rs. 10,000 should be shown separately in column 9.
STATEMENT No. 5.
I. The figures shown in column 2 should be verified with those shown in column 22 of the Returns of the
previous year.
II. The total of columns 2 to 5 against each sub-head should be equal to the figure in column 6 against
that sub-head.
III. The figure in column 3 against each sub-head should correspond with the figure in column 8 of
Statement No. 3 against that sub-head.
IV. The total of columns 7, 7A, 9, 11, 13, 15, 16, 18 and 20 against each sub-head should be equal to the
figure in column 21A.
V. The total of columns 21A and 22 should be equal to the figure in column 6k against each sub-head.
VI. The average duration of suits in columns 8,10,12,14,17,19 and 21 should be shown in days which are
to be calculated according to the instructions given on the reverse of the printed form of Statement No. 5.
STATEMENT No. 6
previous year.
II. The total of columns 2 to 5 against each sub-head should be equal to the figure in column 6 against
that sub-head.
III. The total of columns 7, 7A, 9, 11, 13, 15, 16, 18 and 20 against each sub-head should agree with the
figure in column 21A.
IV. The total of columns 21A and 22 should agree with the figure in column 6 against each sub-head.
V. The average duration of miscellaneous cases (Judicial) in columns 8, 10, 12, 14, 17, 19 and 21 should
be shown in days which are to be calculated according to the instructions given on the reverse of the
printed form of Statement No. 6.
STATEMENT No. 7
previous year.
II. The total of columns 2 to 4 should agree with the figure in column 5.
III. The total of columns 6, 8, 9, 10, 11 and 13 should agree with the figure in column 14A.
IV. The total of columns 14A and 15 should agree with the figure in column 5.
V. The average duration of Appeals from Decrees in columns 7, 12 and 14 should be shown in days which
are to be calculated according to the instructions given on the reverse of the printed form of Statement
No. 7.
STATEMENT No. 8.
previous year.
II. The total of columns 2 to 4 should agree with the figure in column 5.
III. The total of columns 6, 8, 9, 10, 11 and 13 should agree with the figure in column 14A.
IV. The total of columns 14A and 15 should agree with the figure in column 5.
V. Average duration of Miscellaneous Appeals in columns 7, 12 and 14 should be shown in days which
are to be calculated according to the instructions given on the reverse of the printed form of Statement
No. 8.
VI. The number of Civil Revision Applications should be shown in Statement No. 8 against a separate
heading.
STATEMENT No. 13
I. The total columns 3 to 6 against each sub-head should agree with the figure in column 7 against that
sub-head.
II. The total of columns 7 and 8 should agree with the figure in column 2.
III. District Judges should show on the reverse of the Statement the number and duration of Darkhasts in
which immovable property was sold by the Collector and the Civil Courts and their total number should
correspond with the total of column 15 of the main statement.
STATEMENT No. 14.
I. The totals of columns 4, 5 and 6 should respectively correspond with the totals of columns 6, 21A and
22 of Statement No. 5.
II. The total of columns 5 and 6 against each Court should agree with the figure in column 4.
III. The total of column 7 should correspond with the total of column 2 of Statement No. 5.
IV. The figures shown in columns 7 and 11 against each Court should be checked with the corresponding
figures 6 and 10 respectively of the Returns of the previous year.
V. The total of columns 9 and 10 should agree with the figure in column 8.
VI. Columns 8 to 11 and 15 should indicate the figures of Appeals from Decrees. Hence, the totals of
columns 8, 9, 10, 11 and 15 should respectively correspond with the totals of column 5, 14A, 15, 2 and 16
of Statement No. 7.
VII. The total of column 12 should correspond with the total of column 7 of Statement No. 13.
VIII. The total of columns 14 should agree with the total of column 23 of Statement No. 5.
IX. The number of suits disposed of by each Court in its Ordinary and Small Cause Court Jurisdiction
should be shown separately.
X. If any assistance either by appointing a Joint Civil Judge or by deputation of another Civil Judge is
given to a Court, the disposal should be shown separately, under the name of the Court to which the
Officer is deputed.
XI. The number of suits under Special Jurisdiction pending from the previous year, those filed during the
year, those disposed of during the year and those pending at the close of the year under report should be
shown in the Remarks column 16.
XII. District Judges should append a Statement showing the names, designations and period for which the
Judicial officers where in their District during the year under report.
CHAPTER XLIII
MISCELLANEOUS GENERAL ORDERS
762. Whenever there is an occasion for a Receiver to give out for cultivation the lands entrusted to his
management, he should, as far as possible, be directed to give out the lands for cultivation on leave and
licence basis. If in any case it is considered necessary to grant a lease, the same should be for a short
period, so that it would be possible for the Receiver to recover possession of the lands from the tenant
before the termination of his appointment. As far as possible, the Receiver should not be discharged
unless and until the lease has terminated and the Receiver has obtained back the lands from the tenant for
being handed over to the party lawfully entitled to the same.
763. Where a suit is continued by the legal representative of a party who has died since its institution, the
name of such legal representative should appear in the pleading after the name of the deceased and shown
by a sub-number of the number of the deceased in order in indicate that the party is suing or sued as the
legal representative of the deceased. Even if it is customary in the regional language to put the name of
the deceased first, in the English translation the name of the party who use or is such should be put first.
Where it is proposed to continue a suit against the legal representative of a deceased defendant, Form No.
6 of Appendix B to Schedule I of the Code should be used.
764. When a reference in any civil suit or proceeding is submitted for the decision of the High Court, the
record and proceedings should be sent up at the time of making the reference.
765. When a Court makes a reference under Order XLVI, rule 1 of the Code of Civil Procedure, it should
state whether in its opinion the suit or appeal is one in which the decree will not be subject to appeal.
Mamlatdar's Courts
766. Under section 14(3) of the Mamlatdars' Court Act, 1906 (Bom. II of 1906) the trial of the case may
be held in the Mamlatdar's office, or at or near the scene of dispute or at any other spot which in the
Mamlatdar's opinion is convenient to the parties.
767. A Mamlatdar trying a suit under the Mamlatdar's Courts Act 1906 (Bom. II of 1906) may, if he sees
sufficient cause, direct any documents or back produced to be impounded and kept in the custody of an
officer of the Court for such period and subject to such conditions as he thinks fit.
Unless a document has been impounded by order of the Court, the person producing it shall be entitled to
its return after the expiry of 6 months from the ultimate decision in the case. The Court may, however,
return it to the person who produced it at any time before the expiry of the period if, the person applying
for its return delivers to the Court a certified copy of such document and undertakes to produce the
original if required to do so.
On the return of a document which has been admitted in evidence, the party receiving it shall give a
receipt on the form contained in a receipt book kept for that purpose.
Miscellaneous
768. The following instructions for the dress of Officers and soldiers appearing before a Civil Court
(other than a court established under military law) have been approved by the Governor-General in
Council (see Government Resolutions in the Military Department, No. 1786, dated the 29 th August
1891) ;--
(i) An officer or soldier required to attend a Court in his official capacity should appear in uniform, with
sword or side-arms.
Attendance in an official capacity includes attendance ;--
(a) As witness, when evidence has to be given of matters which came under the cognizance of the officer
or soldier in his military capacity :
(b) By an officer for the purpose of watching a case on behalf of a soldier or soldiers under his command.
(ii) An officer or soldier required to attend a Court otherwise than in his official capacity may appear
either in plain clothes or uniform.
(iii) An officer or soldier shall not wear his sword or side-arms if he appears in the character of an accused
person, or under military arrest, or if the presiding officer of the Court thinks it necessary to require the
surrender of his arms, in which case a statement of the reasons for making the order shall be recorded by
the presiding officer, and, if the military authorities so request, forwarded for the information of His
Excellency the Commander-in-Chief.
(iv) Fire-arms shall under no circumstances be taken into Court.
769. All plaints, written statements, applications, affidavits, memoranda of appeals, and other proceedings
presented to the Court shall be written in ink, typewritten, printed or cyclostyled fairly and legibly, on
stamped paper or foolscap paper of good quality, leaving at least one-fourth margin blank. Both sides of
the paper may be used, provided it does not affect the legibility of the matter. However, the quarter sheet
of paper may be used for pursis and Yadis only.
770. A document not in conformity with the above paragraph will not be accepted: where, however, the
proceeding is likely to be time-barred on account of the rejection of the document or where sufficient
reason is shown for so doing, the document may be accepted on the partys' undertaking to file a properly
prepared copy thereof within a state period.
771. The following instructions are issued by Government regarding issue of solvency certificates for
production in Courts ;--
Revenue Officers not below the rank of a Naib-Tahsildar (exercising powers of a Tahsildar) are authorised
to issue Certificates of Solvency to the parties for production in the Courts on payment of fees of Rs. 2
per Certificate, for which purpose the following limits are prescribed for the Revenue Officers in
exercising their powers in that behalf ;--
(i) Naib-Tahsildars (exercising powers of Tahsildars)............... Upto Rs. 25,000.

(ii) Tahsildars.................................. Above Rs. 25,000, but not exceeding ..... Rs. 1,00,000.
(iii) Sub-Divisional Officers................................ Above Rs. 1,00,000, but not exceeding.............................
Rs. 5,00,000.
(iv) Collectors.............................. Above Rs. 5,00,000.
The said fees should be recovered in the shape of Court Fee Stamps.
Every application for a solvency certificate should be affixed with a Court Fee Stamp of 65 paise and
accompanied by an affidavit showing reasons why the certificate is sought and by the following
documents, which should be obtained by the parties at their costs from the officers concerned :--
(a) in the case of agricultural lands, Khata Utara and Extracts from Records of Rights.
(b) in the case of non-agricultural lands and immovable properties : A statement regarding the details of
the property and its estimated price.
In the case of agricultural lands, the Revenue Officers should issue the Solvency Certificates on the basis
of the Panch Valuation of the land and such other enquiry as the Revenue Officer concerned may wish to
make.
Revenue Officers concerned should, on receipt of the application, issue the Certificate after holding
necessary inquiry as expeditiously as possible.
772. The Adivasis are exempted from the payment of prescribed fee of Rs. 2 for the issue of solvency
certificate required for production in Civil Courts and also from the Stamp Duty chargeable on affidavits
executed by them for the purpose of obtaining solvency certificates.
The term “Adivasis” means and includes all the members belonging to the Scheduled Tribes specified in
Section II of the Schedule accompanying Government Resolution, Political and Services Department, No.
490/46, dated the 1st November 1950, as amended from time to time.
773. The Principal Judge, City Civil Court, Greater Bombay, the District Judges, Sessions Judges, Chief
Metropolitan Magistrate, and the Chief Judge of the Small Cause Court at Bombay, should frame and
publish lists of touts for their respective Courts in accordance with the provisions of Section 36 of the
Legal Practitioners Act, XVIII of 1879, such lists being prepared by the Principal Judge, City Civil Court,
Bombay and District Judges for their own Courts and the Civil Courts subordinate to them.
774. The list of persons exempted from personal appearance in Civil Courts is given in Appendix J.

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CHAPTER I

COURT AND OFFICE HOURS

4. Ordinarily, all judicial matters should be disposed of in open Court.

Presentation, Examination and Registration etc. of Plaints

(x) In every appealable case, the Roznama may be written in English.

Issue and Service of Summons to Defendant

30. It will be for the Judge to determine -

FREE LEGAL AID

LAW AND JUDICIARY DEPARTMENT

Mantralaya, Bombay 400 032, dated the 12th April 1979

45. Definitions - In this Scheme unless the context otherwise requires :-

(e) " Form " means a form appended to this Scheme ;

CONSTITUTION, POWERS AND FUNCTIONS OF COMMITTEES

(1) A sitting Judge of the High Court of Maharashtra, who is Chairman.

(2) The Advocate-General of Maharashtra... Vice-Chairman.

(3) One representative of the Bar Council of Maharashtra Member.

(4) One representative of the Bombay Bar Association, High Member.

(7) One representative of Bombay Advocates' Association of the Member.

(8) One representative of the Metropolitan Magistrate Courts Member.

(9) Two members of the State Legislature residing in Greater Members.

(10) Two persons representing voluntary legal aid bodies in Members.

(11) One person representing Scheduled Castes and Scheduled Member.

(11A One person representing agricultural labour to be nominated Member.

-12 One person representing women to be nominated by the Member.

(13) One representative of Social Service Organisations in Member-Secretary

(14) Two members of the Bombay Municipal Corporation to be Member.

(15) One Under Secretary to Government , Law and Judiciary Member-Secretary

(16) A Joint Secretary to be suggested by the Committee from Member.

(17) Member or Members of the Board residing in Greater Ex-Officio

(18) Joint Director of Information and Public Relations, Ex-Officio

(19) A Principal of one of the Law Colleges within greater Ex-Officio

(20) The Government Pleader, High Court (Appellate Side), Ex-Officio

(22) The Superintendent, Bombay Central Prisons, Bombay. Ex-Officio

(23) The District Probation Officer, Bombay Ex-Officio

(24) The commissioner of Labour, Bombay (or his nominee). Ex-Officio

(25) The District Social Welfare Officer, Bombay. Ex-Officio

(1) A sitting High Court Judge to be nominated by the Chairman.

(2) The District Judge, Nagpur. Vice-Chairman.

(3) Government Pleader, High Court, Nagpur. Vice-Chairman.

(4) District Government Pleader, Nagpur. Member-Secretary.

(4A) Joint Secretary, Law and Judiciary Department, Ex-Officio Member.

(5) One representative of the High Court Bar Association, Member.

(5A) Additional Government Pleader, High Court, Nagpur. Ex-Officio Member.

(6) One representative of the District Bar Association, Member.

(7) President, Zilla Parishad, Nagpur. Ex-Officio Member.

(8) One person representing Women to be nominated by Member.

(9) One person representing Scheduled Castes and Member.

(9A) One person representing agricultural labour to be Member.

(10) One person representing voluntary legal aid bodies in Member.

(11) One person representing Social service Organisations Member.

(12) One Member of the Nagpur Municipal Corporation to Member.

(13) One representative of the State Legislature from the Member.

(14) Member or Members of the Board residing in Nagpur. Ex-Officio Member.

(15) One representative of the Bar Council of Maharashtra Member.

(16) A Joint Secretary to be suggested by the Committee Member.

(17) Deputy Director of Information, Divisional Ex-Officio Member.

(19) The District Social Welfare Officer, Nagpur. Ex-Officio Member.

(20) The Commissioner of Police, Nagpur (or his Ex-Officio Member.

(21) The Superintendent, Nagpur Central Prisons, Nagpur. Ex-Officio Member.

(22) The District Probation Officer, Nagpur. Ex-Officio Member.

(23) The Deputy Commissioner of Labour, Nagpur. Ex-Officio Member.

(1) A sitting High Court Judge to be nominated by the Chairman.

(2) The District Judge, Aurangabad. Vice-Chairman.

(4) Government Pleader, High Court, Aurangabad. Vice-Chairman.