Civil Manual - Bombay High Court

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 1130 a.m. to 230 p.m. and
from 330 to 530 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 10A, 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 14A);
(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 representation should be noted on the plaint and in the Register.
14. Where the dismissal or abatement of a suit, or an exparte decree is set aside, the
plaint should not be reregistered 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 10A, 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 10A. 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 subjectmatter 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
subnumbers. 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 148A 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 148A 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 148A 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 Courtfee 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 twofold
(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 19A, 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 setoff or
counterclaim 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. LAB1081/(118)XIV, dated 10th July 1981.
2. Amended by G.N., L.& J.D., No. LAB1081/(233)XIV, dated 19th August 1981.
3. Amended by G.N., L.& J.D., No. LAB1083/(191)XIV, dated 17th September
1983.
5. Amended by G.N., L.& J.D., No. LAB1084/(4)XIV, dated 4th April 1985.
7. Amended by G.N. L.J.& L.D., No. LAB1089/(2)XIV, dated 28.3.1989
M.G.G. IVA p.606
8. Amended by G.N.L.& J.D., No. LAB1490/(51)XIV, dated 12.12.1990
M.G.G. IVA p.783
9. Amended by G.N. L.& J.D., No. LAB1494/168/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 SubCommittees 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 the Chairman.
VicePresident of the Board, nominated by the Chief Justice.
(2) The AdvocateGeneral of Maharashtra... ViceChairman.
(3) One representative of the Bar Council of Maharashtra residing Member.
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.
(11 One person representing agricultural labour to be nominated Member.
A) by the State Government.
One person representing women to be nominated by the State Member.
12 Government.
(13) One representative of Social Service Organisations in Greater MemberSecretary
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 MemberSecretary
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 ExOfficio
Bombay. Member.
(18) Joint Director of Information and Public Relations, ExOfficio
Mantralaya, Bombay or his nominee. Member.
(19) A Principal of one of the Law Colleges within greater Bombay ExOfficio
to be nominated by the State Government or his nominee. Member
(20) The Government Pleader, High Court (Appellate Side), ExOfficio
Bombay. Member.
(21) The commissioner of Police, Greater Bombay (or his ExOfficio
nominee) Member.
(22) The Superintendent, Bombay Central Prisons, Bombay. ExOfficio
Member.
(23) The District Probation Officer, Bombay ExOfficio
Member.
(24) The commissioner of Labour, Bombay (or his nominee). ExOfficio
Member.
(25) The District Social Welfare Officer, Bombay. ExOfficio
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 Chief Chairman.

Justice.
(2) The District Judge, Nagpur. ViceChairman.
(2A) Collector, Nagpur or his nominee not below the rank of ExOfficio Member.
Deputy Collector.
(3) Government Pleader, High Court, Nagpur. ViceChairman.
(4) District Government Pleader, Nagpur. MemberSecretary.
(4A) Joint Secretary, Law and Judiciary Department, Nagpur. ExOfficio Member.
(5) One representative of the High Court Bar Association, Member.
Nagpur to be nominated by that Association.
(5A) Additional Government Pleader, High Court, Nagpur. ExOfficio Member.
(6) One representative of the District Bar Association, Nagpur Member.
to be nominated by that Association.
(7) President, Zilla Parishad, Nagpur. ExOfficio Member.
(7A) The Chief Executive Officer of Zilla Parishad or his ExOfficio Member.
nominee.
(8) One person representing Women to be nominated by the Member.
State Government.
Tribes to be nominated by the State Government.
(9A) One person representing agricultural labour to be nominated Member.
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 in Member.
Nagpur to be nominated by the State Government.
(12) One Member of the Nagpur Municipal Corporation to be Member.
nominated by the said Corporation.
(13) One representative of the State Legislature from the district Member.
of Nagpur to be nominated by the State Government.
(14) Member or Members of the Board residing in Nagpur. ExOfficio 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 from Member.
(17) Deputy Director of Information, Divisional Information ExOfficio Member.
Office, Nagpur or his nominee.
(18) Principal of one of the Law Colleges within the City of Member.
Nagpur to be nominated by the State Government or his
nominee.
(19) The District Social Welfare Officer, Nagpur. ExOfficio Member.
(20) The Commissioner of Police, Nagpur (or his nominee). ExOfficio Member.
(21) The Superintendent, Nagpur Central Prisons, Nagpur. ExOfficio Member.
(22) The District Probation Officer, Nagpur. ExOfficio Member.
(23) The Deputy Commissioner of Labour, Nagpur. ExOfficio 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 Chief Chairman.

Justice.
(2) The District Judge, Aurangabad. ViceChairman.
(3) Collector, Aurangabad or his nominee not below the rank ExOfficio Member.
of Deputy Collector.
(4) Government Pleader, High Court, Aurangabad. ViceChairman.
(5) Joint Secretary, Law and Judiciary Department, ExOfficio Member.
Aurangabad.
(6) One representative of the High Court Bar Association, Member.
Aurangabad, to be nominated by that Association.
(7) Additional Government Pleader, High Court, Aurangabad. ExOfficio Member.
(8) One representative of the District Bar Association, Member.
Aurangabad, to be nominated by that Association.
(9) President, Zilla Parishad, Aurangabad. ExOfficio Member.
(10) Chief Executive Officer of the Zilla Parishad or his ExOfficio Member.
nominee.
(11) One person representing Women, to be nominated by the Member.
State Government.
Tribes, to be nominated by the State Government.
(12 One person representing agricultural labour, to be Member.
A) nominated by the State Government.
One person representing Voluntary Legal Aid bodies in Member.
13 Aurangabad, to be nominated by the State Government.
(14) One person representing Social Service Organisations in Member.
Aurangabad, to be nominated by the State Government.
(15) One member of the Aurangabad Municipal Corporation, to Member.
be nominated by the said Corporation.
of Aurangabad, to be nominated by the State Government.
(17) Member of Members of the Board residing in Aurangabad. ExOfficio Member.
(18) One representative of the Bar Council of Maharashtra, Member.
residing at Aurangabad, to be nominated by the Bar
Council.
(19) Deputy Director of Information, Divisional Information ExOfficio Member.
Officer, Aurangabad or his nominee.
(20) Principal of one of the Law Colleges within the City of Member.
Aurangabad, to be nominated by the State Government.
(21) District Government Pleader, Aurangabad. MemberSecretary.
(22) The District Social Welfare Officer, Aurangabad. ExOfficio Member.
(23) The Superintendent of Police, Aurangabad. ExOfficio Member.
(24) The Superintendent, Aurangabad Central Prisons, ExOfficio Member.
Aurangabad.
(25) The District Probation Officer, Aurangabad. ExOfficio Member.
(26) The Deputy Commissioner of Labour, Aurangabad. ExOfficio 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. ViceChairman.
(3) The District Government Pleader and Public Prosecutor of ViceChairman.
the district.
(3A) The seniormost Member of the concern Indunstrial Court. Member.
(3B) The seniormost Labour Judge of the concerned Labour ExOfficio Member.
Court.
(3C) The President Labour Law Practitioners Association. ExOfficio 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. ExOfficio Member.
(6) One person representing Women, to be nominated by the Member.
State Government.
Tribes, to be nominated by the State Government.
(7A) One person representing agricultural labour to be Member.
nominated by the State Government.
to be nominated by the State Government.
(9) Member or members of the Board residing at the District ExOfficio Member.
Head quarters.
(10) One representative of the District Bar Association shall be Member.
the Joint Secretary of the District Legal Aid and Advice
Committee to be suggested by the Committee from
(11) District Information Officer. ExOfficio Member.
(12) A Principal of one of the Law Colleges within the District Member.
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. ExOfficio Member.
(15) The Commissioner of Police or the Superintendent of ExOfficio Member.
Police, as the case may be.
(16) The Superintendent of Prisons. ExOfficio Member.
(17) District Probation Officer. ExOfficio Member.
(18) The Government Labour Officer. ExOfficio 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 Exofficio 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 MemberSecretary 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. ViceChairman.
(3) Tahsildar of the Taluka ExOfficio Member.
(4) One member of the Taluka Bar Association, to be Member.
nominated by that Association.
(4A) The SubDivisonal 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) SubGovernment Pleader. ExOfficio Member.
(6) Chairman of the Panchayat Samiti of the Block comprised ExOfficio Member.
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.
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.
(10) One representative of the State Legislature from the Taluka, Member.
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 Taluka ExOfficio Member.
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 Membersecretary 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 MemberSecretary 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. ViceChairman
3) The Chairman of the Bar Council of Maharashtra ViceChairman
4) The Government Pleader(Appellate Side) High Court, Bombay ViceChairman
5) The President of the Advocates Association of Western India, ExOfficio
High court, Bombay Member
6) The President of the Bombay Bar Association High Court, ExOfficio
Bombay Member
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 Tribes ExOfficio
to be nominated by the Chairman of the Greater Bombay Legal Member
9) One representative of the State Legislature from Greater Bombay Member
to be nominated by the Chairman of the Greater Bombay to be
coopted by the Bombay High Court Legal Aid and Advice
Committee.
10) One retired Judge of any Court who is associated with Legal Aid Member
work and who is residing in Greater Bombay to be coopted by
the Bombay High Court Legal Aid and Advice Committee.
11) One Social Worker, who is associated with Legal Aid work and Member
who is residing in Greater Bombay, to be Coopted by the
Bombay High Court Legal Aid and Advice Committee.
12) The MemberSecretary of the Greater Bombay Legal Aid and ExOfficio
Advice Committee. Member
13) The Establishment Officer, Office of the Government Pleader Joint Secretary
(Appellate Side), High Court Bombay
14) The Secretary, Bar Council of Maharashtra High court, Bombay Member
Secretary
(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, Bombay Chairman
2) The President of the City Civil and Sessions Court Bar ViceChairman
Association, Bombay
3) The Government Pleader, City Civil and Sessions Court, ExOfficio
Bombay Member
Committee.
5) One person representing Scheduled Castes and Scheduled Tribes Member
to be nominated by the Chairman of the Greater Bombay Legal
7) One Principal of one of the Law Colleges within Greater Member
Bombay to be nominated by the Chairman of the Greater
Bombay Legal Aid and Advice Committee.
Advice Committee, Bombay Member
9) Three persons representing legal professions to be nominated by Member
the Chairman of the Greater Bombay Legal Aid and Advice
Committee.
10) One retired Judge of any court who is associated with the Legal Member
Aid work and who is residing in Greater Bombay to be coopted
by the Bombay City civil and Sessions Court Legal Aid and
Advice Committee.
11) One social worker who is associated with the legal Aid work and Member
who is residing in Greater Bombay, to be coopted by the
Bombay City civil and Sessions court Legal Aid and Advice
Committee.
12) The Deputy Registrar, City Civil and Sessions Court, Bombay Member
Secretary
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 memberSecretary 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. ViceChairman
2) The President of the Bombay Advocates Association of the ExOfficio
Court of Small Causes, Bombay Member
3) The Government Pleader, Small Causes Court Bombay. Member
Committee.
Advice Committee, Bombay Member
9) Three persons representing legal profession to be nominated by Member
Committee.
10) One retired Judge of any Court who is associated with the Legal Member
by the Bombay City Civil and Sessions Court Legal Aid and
Advice Committee.
11) One social worker who is associated with the legal Aid work and Member
who is residing in Greater Bombay, to be coopted by the
Bombay Small Causes Court Klegal Aid and Advice Committee,
Bombay.
12) The Additional Registrar, City Civil and Sessions court, Bombay Member
Secretary
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 MemberSecretary 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. ViceChairman
Advice Committee. Member
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 by Member
committee.
10) One retired Judge of any Court who is associated with the Legal Member
Aid Works and who is residing in Greater Bombay to be co
opted by the industrial and Labour Courts Legal Aid and Advice
Committee.
11) One Social Worker who is associated with the Legal Aid Work Member
and who is residing in Greater Bombay to be coopted 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 MemberSecretary 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, Bombay. Chairman

2) The President of the Motor Accidents Claims Tribunal Bar ViceChairman
Association, Bombay
3) The Government Advocate, Motor Accidents Claims Tribunal, ExOfficio
Bombay. Member
4) The MemberSecretary of the Greater Bombay Legal ExOfficio
Member
Committee.
to be nominated by the Chairman of the Great Bombay Legal
9) Three persons representing legal profession to be nominated by Members
Committee.
Aid Work and who is residing in Greater Bombay to be coopted
by the Bombay Motor Accidents Claims Tribunal Legal aid and
Advice Committee.
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 MemberSecretary 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, Bombay. Chairman

2) The Additional Chief Metropolitan Magistrates Court, ViceChairman
Esplanade, Bombay
3) The President of the Metropolitan Magistrates Courts Advocates ExOfficio
Association (Esplanade), Bombay Member
4) The MemberSecretary of the Greater Bombay Exofficio ExOfficio
Member
Committee.
Bombay Legal Adi and Advice Committee.
9) Three person representing legal profession to be nominated by Members
committee.
by the Bombay Metropolitan Magistrates Courts Legal Aid and
Advice Committee.
Bombay metropolitan Magistrates Courts Legal Aid and Advice
Committee.
12) The Registrar, Chief Metropolitan Magistrates Court, Esplanade, Member
Bombay. Secretary
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 MemberSecretary 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 exofficio 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 nonofficial 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 exofficio
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 renomination.
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 subjectmatter 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 nonmembers 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 sociolegal 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 nonmembers 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
sociolegal 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 subclause (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 subcommittees 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 ViceChairman shall perform the
functions of the Chairman.
58. Functions of the MemberSecretary. (1) The MemberSecretary 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 MemberSecretary shall maintain true and proper accounts of the receipts
and disbursements of the funds of the Committee.
(3) The MemberSecretary 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 MemberSecretary may, in consultation
with the Chairman decide.
(2) The Chairman, and in the absence of the Chairman, the ViceChairman, 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 MemberSecretary 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 exOfficio 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 Courtfee
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
Membersecretary of the Committee, namely :
Rs.
(a) The MemberSecretary 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 MemberSecretary of a District Legal Aid and Advice Committee 250
(c) The MemberSecretary 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 subclause (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 courtfees, 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 memberSecretary 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 MemberSecretary 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
MemberSecretary 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 MemberSecretary or the lawyer on the Panel of Legal
Practitioners, who scrutinizes the application as provided in subclause (1) above, to give
legal aid shall be final, subject to confirmation by the Committee at its next meeting. If
the MemberSecretary 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 memberSecretary and the MemberSecretary 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 MemberSecretary 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 MemberSecretary 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 MemberSecretary 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 subclause (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 MemberSecretary of the Committee.
(b) Where action is taken by a legal practitioner under subclause (b) of clause (1)
he shall forthwith make a report to the MemberSecretary of the Committee on the
action taken by him and also make monthly reports to the MemberSecretary 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 countersignature, place the
same before the Committee for sanction and on such sanction being given by the
Committee, the amount shall be paid by the MemberSecretary 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 MemberSecretary 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, misdemeanour 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 cooperating 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 MemberSecretary,
.....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 MemberSecretary
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 subclause (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,
undertrials or other persons confined in jails including persons in police lockups 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 subsection (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 SubJail, Police Lock up Judicial Custody
or any place where undertrial 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) “MemberSecretary” means the MemberSecretary 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
ViceChairman or MemberSecretary 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 MemberSecretary;
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 MemberSecretary.
(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 MemberSecretary, 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

MemberSecretary 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 MemberSecretary 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 subrules (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
memberSecretary.
(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 wellhangings 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 MemberSecretary 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 subrule (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 nonJudicial 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 primafacie 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 UNDERTRIAL PRISONERS

22. Assistance to the undertrial prisoners : The Duty Counsel shall visit the
jails, police lockups, 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 “Undertrial Prisoners” includes

the persons kept in jails and police lockups.
23. Information about the Undertrials : (1) The Jail Authorities shall send the
information about the following categories of newly admitted undertrial prisoners to the
nearest Legal Aid Committee or the Duty Counsel immediately for extending legal aid
and assistance, namely :
(i) undertrial prisoners who are old and infirm including women who are
pregnant or have babies to be nursed;
(ii) undertrials 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 undertrials and who have been in jails beyond continuous period of 15 days ;
and
(iv) undertrials 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 undertrial prisoners to the legal aid committee of the
district in which the jail is situate giving particulars of the date of entry of the undertrial
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 lockups 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 lockup 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 MemberSecretary 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 subsection (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 subsection (1) of section 167
for obtaining further detention of the accused.
(2) When a person is arrested under subsection (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 subsection (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) subsection (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 chargesheet. (1) On interviewing the undertrial prisoners, if the
Duty Counsel finds that, in the case of any undertrial prisoner, inordinate delay is caused
for filing chargesheet 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 MemberSecretary after examining the report submitted by the Duty
Counsel under subrule (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
undertrial prisoner on that count.
29. Bail : After interviewing the undertrial prisoners the Duty Counsel may move
for release of undertrial on bail without sureties having regard to the provisions of the
Code in case of undertrials who have no means to afford sureties.
30. Special assistance in bail matters : (1) Where an undertrial 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 undertrial'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
undertrial prisoner and record the information to be focussed before the Court. The
information shall be based on the following factors concerning the undertrial 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 undertrial
prisoner is eligible for legal aid he shall supply the application in Form “A” appended to
the Legal Aid Scheme to the undertrial prisoner and get the same filled in with signature
or thumb impression of the undertrial 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 Undertrials : If the undertrial 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 undertrials, the Duty
Counsels may contact the undertrial 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 undertrial 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 undertrial 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 undertrial 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 MemberSecretary shall deput the Duty
Counsels to Jails and Children's Homes for the purpose of providing legal assistance to
the children.
(2) The MemberSecretary 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 MemberSecretary alongwith his opinion in the matter.
(4) The MemberSecretary 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 MemberSecretary 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 subrule (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 subrule (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 MemberSecretary 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 MemberSecretary 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 undertrials 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 MemberSecretary 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 MemberSecretary, the concerned
Duty Counsel shall visit one or more jails, or children's homes as directed by the
MemberSecretary.
(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 MemberSecretary and with his
permission move for bail.
(5) Where any undertrial 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 MemberSecretary 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 MemberSecretary. The
MemberSecretary 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
MemberSecretary 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 MemberSecretary 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 MemberSecretary 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 postfacto 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 officebearers 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 undertrials,
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 MemberSecretary
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 nonjudicial 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 lifelong 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 subsection (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 inspectorGeneral 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 433A 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 433A 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 433A
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 reconsideration 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/
60965IV, 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 5171/36780XVI,
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.1767/60965IV, 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. 1570/6055FP
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. 5171/36780XVI,
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 5171/36780XVI, 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 subrule (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 exconvict, 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 SUBSECTION (2) OF SEC. 6. (1) Apart from the
Chief Justice and the Executive Chairman, the following shall be exofficio members of
the State Authority :
(i) The Minister for Law and Judiciary;
(ii) The AdvocateGeneral 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 DirectorGeneral of Police, Maharashtra State;
(vii) MemberSecretary of the State Authority appointed under subsection (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 MemberSecretary of the
State Authority for a period of not exceeding five years as provided under the proviso to
subsection (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 subrule (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 MemberSecretary of The State Authority

under Subsection (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, Housekeeping, 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 uptodate 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 followup 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
doorsteps 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

MemberSecretary of The State Authority Under SubSection (4) Of Sec. 6. (1) The
terms of office of the members of the State Authority nominated under subrule (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 subrule (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 subrule (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

Subsection (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 Subsection (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 SubSection (3) of Sec. 8A. (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 subsection (1) of Sec. 8A 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 Subsection (5) And (6) of Sec. 8A. (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.
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 subSection (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 subrule (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, exofficio 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 subrule (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

Subsection (5) Of Sec. 9. Subject to the proviso of subrule (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 Subsection (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.
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
(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 clerkcumtypists,
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 Subsection (2) of Sec. 11A. (1) Apart from the
Chairperson appointed under C1. (a) of Subsection (2) of sec. 11A of the Act, the
following shall be exofficio members of Taluka Legal Services Committee, namely :
(i) SubDivisional 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 subrule (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
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 Subsection (3) of Sec. 11A. 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 SubSection (4) of
Sec. 11A. (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
(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 Subsection (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
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. 29A 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. Nomenclature of Pay Scale No. of Job description

No. the posts Posts
3 5
required
1 2
4
1 Deputy Secretary 3,7001254,7001505,000 2 (i) Administration of
+ Spl pay Rs. 500 (Legal State, District and
Side) Taluka Authorities
(One Deputy
Secretary).
(ii) Budget and grant
distribution etc.
2 Under Secretary 3,0001003,5001254,500 2 (i) Administration of
(Non Legal) State, District and
Taluka Authorities
(Non0Legal Side).
(ii) Budget and Grant
Distribution etc.
3 Section Officer 2,000602,300E.B.75 2 (i) Administration of
3,2001003,500 State, District and
Tulaka Authorities.
(ii) Budget and Grant
Distribution etc.
4 Superintendent 2,375753200E.B.100 1 Application and other
(Legal) 3,500 legal Affairs
No. the posts Posts
3 5
required
1 2
4
5 Assistant (Legal) 1,640602,600E.B.75 6 One (Legal Five (Nov
2,900 Legal)
6 Cash Accountant 1,640602,600E.B.75 1
2,900 + Spl.Pay Rs.100
7 Cashier 950201,150E.B.25 1
1,500with Spl. Pay for
handling Cash
8 Bill Accountant 950201,150E.B.25 6
1,500 + Spl. Pay Rs. 60
9 ClerkcumTypist 950201,150E.B.25 8
1,500
10 Stenographer 2,000602,300E.B.75 2
(Higher Grade) 3,200
(English )
11 Stenographer 2,000602,300E.B.75 2
(Marathi)
12 Stenographer 1,640602,600E.B.75 1
(Lower Grade) 2,900
( English)
13 Stenographer 1,640602,600E.B.75 2
(Lower Grade) 2,900
(Marathi)
14 Peon 75012870E.B.14940 7
15 Roneo Operator 77512955E.B.151,030 1
201,150 + Rs. 30 Spl. Pay
16 Xerox Operator 77512955E.B.151,030 1
201,150 + Rs. 30 Spl. Pay
No. the posts Posts
3 5
required
1 2
4
17 Driver 95020=1,150E.B.25 2
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)}

No. the posts Posts
3 5
required
1 2
4
1 Superintendent 1,640602,600E.B.75 2 Administrative matter
2,900
2 Stenographer 1,640602,600E.B.75 4
(Lower Grade) 2,900
(English and
Marathi)
No. the posts Posts
3 5
required
1 2
4
3 Assistant 1,200301,560E.B.40 4
2,040
4 Cashier 950201,150E.B.25 2
1,500 + Spl. Pay
1,500
6 Peon 75012870E.B.14940 4
7 Watchman 75012870E.B.14940 2
8 Driver 950201,150E.B.25 2
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)]

No. the posts Posts
3 5
required
1 2
4
1 Stenographer 2,000602,300E.B.75 3 Under rule 9(1) the
(Higher Grade) 3,200 High Court Legal
(English) Services Authority
Shall be at the Bombay
High Court at Mumbai
as well as at Nagpur
and Aurangabad
Benches.
No. the posts Posts
3 5
required
1 2
4
2 Stenographer 2,000602,300E.B.75 3
(Marathi)
3 Establishment 2,000602,300E.B.75 3
Officer 3,500
4 Assistant 1,6406—2,600E.B.75 3
2,900
1,500
6 Peon 75012870E.B.14940 7
7 Driver 950201,150E.B.25 4
1,500
District Legal Services Authority
Schedule
[Please refer to rules 6,7,9(1) and (2) 11,12,(1), 14 and 15 (1)]

No. the posts Posts
3 5
required
1 2
4
1 Superintendent 1,640602,600E.B.75 29 There shall be One
2,900 Superintendent, Two
Assistant, Two Clerk
cumTypist and Three
peons at District Place.
No. the posts Posts
3 5
required
1 2
4
2 Assistant 1,200301,560E.B.40 58
2,040
1,500
4 Peon 75012870E.B.14940 87
Taluka Legal Services Authority
1 Assistant 1,200301,560E.B.40 322
2,040
1,500
3 Peon 75012870E.B.14940 322
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 SubCommittee, 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 SubCommittees 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 SubCommittee, 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 SubCommittee, the District Authority or the Taluka
committee as the case may be;
(h) “Patronin Chief” means the PatroninChief 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.11A 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 quasipermanent 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.
8A (I) of the Act The High court Legal Services Committee and the SubCommittees
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
SubCommittees at Nagpur and Aurangabad, Their Powers and Functions as per
Sec. 8A of the Act. The State Authority shall constitute a High Court Committee and
its subcommittees, consisting of a sitting Judge of the high Court who shall be
nominated by PatroninChief as Chairman and the following other members also to be
nominated by PatroninChief :
(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 SubCommittees (1) The term of office of the Secretary
and the Members of the High Court Committee and its SubCommittees 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 SubCommittees 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 Patronin
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 prelitigations;
(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 SubCommittees, 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 PatroninChief.
(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 SubCommittees 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 SubCommittees, 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 SubCommittees. 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 SubCommittees 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 SubCommittees 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 SubCommittees 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 SubCommittees 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 SubCommittees, 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 14A 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 14A. 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 coplaintiff.
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
PRETRIAL 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, subrule (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 3A 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 2A 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 subrule
(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 selfcontained. 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 subrule (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 exparty 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 Courtfees 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 shopkeepers, 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 1000
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 judgmentdebtors.
(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 Qualified

Accountants Assistants
1
2 3
Rs. Rs.
Of five years or less 75 10
Of more than five years but not exceeding 100 20
ten 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 when required
Class of witness
in addition to in addition to
oral evidence) oral 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)EIV(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 3A, 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 subrule (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
reattendance 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 reattendance in Form No.1, page 94, Vol. II, provided
that the party pays immediately his travelling and other expenses for reattendance.
117. A witness who has been summoned and who has been ordered to reattend 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 ", Simla1.
(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
CentralFees, 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 SubJudge, 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. MOB1075/16820VIIP, 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.
Documents. 20 for every additional questioned document.
2. Attendance fee for travelling per Rs. 200 per day.
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
Size Rates
I Copy II Copy
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 " IXStampsCentralIndia 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 " XXVIICurrencyMiscellaneous."
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. MOB1075/16820VIIP, 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 Rs. 250 upto 5 questioned documents and
documents. Rs. 20 for every additional questioned
document.
2. Attendance fee for travelling per Rs. 200 per day.
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 C.I.D. :
Size Rates
I Copy II Copy
1. 8 x 13 cms. or 16 x 6.5 cms. 2.30 1.50
Size Rates
I Copy II Copy
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 reproduced 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 suervant
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 subrule (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) Processfee must be paid in Courtfee 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 Courtfee 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 processfee, 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 processwriter 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 processfee pay into Court the prescribed dietmoney,
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 nonservice.
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, crossinterrogatories, 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 exparty 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.
164A The following instructions are intended for regulating the issue of Commissions
for recording of evidence under provision of subrule (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 wellversed 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
crossexamination 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 exparty 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 crossexamine 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.
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. F221/51L,

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.29023Judl.).
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)/58J, dated the 9th March 1962.)
Nepal . The Courts mentioned in Home Department Notification No. F. 57624
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
25Judl.)
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. 2146/4II, 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.
1262/1855J, 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. 2062/2IIB, 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 subsection (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

Notification which notification has
been issued
1. Straits Settlements No. 244, dated 16th February All Courts.
(now called 1909.
Singapore).
been issued
2. Sri Lanka No. 247, dated 16th February All Civil Courts
1909.
3. France No. 852C, 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. 20923, dated 6th June Civil and Revenue
1923. Courts.
9. Kenya No. G.S.R.F. 17(10)/58J, All Civil Courts.
dated 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 All Civil Courts.
July 1958.
13. Nepal No. F. 576/34, dated 15th Courts specified in the
August 1925. Schedule to the
Notification.
14. Pakistan No. S.R.O. 1340, dated 1st Civil and Revenue
September 1951. Courts.
15. Federation of Malaya No. S.R.O. 223, dated 24th All civil Courts.
January 1956.
been issued
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
1961. Courts.
18. People's Republic of No. G.S.R.F. 12(2)/74Judl. All Civil and Revenue
Bangladesh. dated 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 WaziriAzam 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) PabnaKushtia (babna). 13) Tippera (Comilla).
7) JinajpurBogra (Dinajpur). 14) Khulna.
All SubJudges' 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.
Name of Court Judges to whom a commission or a letter of
request can be issued.
7. District Court, Attack. 7. District Judge, Attack.
8. District Court, Mianwali. 8. District Judge, Mainwali.
9. District Court, Montgomery. 9. District Judge, Montgomery.
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, 1. Registrar, Judicial Commissioner's
N.W.F.P., Peshawar. Court, 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 BaghdadulJadid.

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 nonconvention 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 crossinterrogations, if any.
203. The interrogatory with the crossinterrogatory, 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 "SDeposits 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 Mission Deposit
required required
Ethiopia 200 Buenos Ayres 200
New York 700 Port Louis 150
Dacca 300 Aden 60
London 350 Indo China 400
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, crossinterrogatories and reinterrogatories. 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 lefthand 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 typewritten
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
5460 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 causethe 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 noncontentious.
(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 crossexamination 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 15.00
the Federation of Malaya States Civil Procedure Code.
5. For every witness sworn and examined under section 393 of the 5.00
Federation of 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 Travelling allowance (per Radius (from

service mile or fraction of a mile) deputy sheriffs
office) within which
no transport
allowances allowed
Cape 5 Civil matters 1/6d. Criminal 3 miles.
matter 1/
Provinces Fee for Travelling allowance (per Radius (from
service mile or fraction of a mile) deputy sheriffs
office) within which
no transport
allowances allowed
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
4A 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 13761980, of the Bombay
Government Gazette for 1938, Part IVA 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, PartB, No.709, dated
the 6th May 1944, at pages 622623 of the Gazette of India, PartI, 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 nonappearance 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 processfee 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 subrule (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 resummoning 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 reservice 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 3A 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 witnessbox. A witness
should normally stand when giving evidence, but a chair should be provided in the
witnessbox, 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 crossexamined, 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 examinationinchief, 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 Crossexaminer 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 crossexamination 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 examinationinchief, 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 crossexamination.
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.
Close
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 5A 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 typewritten, 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 6A, 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, 6A 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 judgmentdebtor 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 courtfees, 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 Courtfees 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
5960/35835XII, dated the 18th November 1969 (M.G.G. PartIVA, page 1209) and read with section 111A(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, 35A, 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 Courtfees under section 43 of the Bombay Courtfees
Act, 1959, the judgment or order of the Court regarding costs should contain a clear direction as to the
exclusion the refundable Courtfees from the amount of costs.
286. (i) In the suits, wherein the Court passes an order of payment of the amount of Courtfees and the costs of
the Government under rules 10, 11, 11A 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 Courtfees and costs of the Government, as laid down in rule 14 of Order XXXIII of
C. P. C. through the Government Pleader or the SubGovernment Pleader, as the case may be.
(ii) Whenever the provisions of section 13 of the Bombay Courtfees 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 11A to the Collector, through the Government
pleader or SubGovernment Pleader, for the recovery of the amount of Courtfees 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 guardianadlitem 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 guardianadlitem 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 subrule (4) of Rule 3 of Order XXXII, an
application for the appointment of a guardianadlitem 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 SubRule (4A) of Rule (3) of Order

XXXII, which provides that if the Court thinks it necessary, it may issue notice under
Subrule (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 guardianadlitem

(subrule (3) of rule 4). Therefore, it is essential to ascertain whether the person found
suitable to act as guardianadl 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 guardianadlitem of the minor defendant, as required by
Order XXXII, rule 4, subrule (3).
(v) This notice should be served on the person described in subrule (4) of rule 3,
in all cases. The Judge should do what lies in his power to obtain a guardianadlitem
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 subrule (4) of rule 3 of Order XXXII to volunteer to be the
guardianadlitem. Broadly speaking, two classes of cases arise :
First, where the plaintiff himself proposes that such person should be the
guardianadlitem.
Second, where the plaintiff proposes that some other person should be the
guardianadlitem.
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 subrule (4) of
rule 3 should instead be appointed guardianadlitem.
(vii) The Court shall proceed to appoint a guardianadlitem 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 guardianad
litem, the Court may appoint any of its own officers to be such guardian.
290. (i) When an officer of the Court is appointed guardianadlitem, 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 subrule (4) of rule 4 of Order XXXII to arrange
for the necessary funds to enable an officer of the Court who has been appointed
guardianadlitem 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 guardianadlitem, 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 guardianadlitem and not merely have the appointment recorded in the
Rozanama.
292. (i) The guardianadlitem shall file his registered address, as required by the
Bombay Amendment of rule 14A of Order VI under section 122 of Civil Procedure
Code.
(ii) After the appointment of a guardianadlitem, 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 subrule (2) of rule 9A 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
1. Prothonotary and Senior Master, High High Court, Original Side, Bombay.
Court, Original Side, Bombay.
2. Registrar, High Court, Appellate Side, High Court, Appellate Side, Bombay.
Bombay
3. Additional Registrar ,Nagpur. Bench High Court Bench at Nagpur.
Nagpur.
4. Additional Registrar Aurangabad Bench High Court ,Bench at Aurangabad.
at 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 Bombay City Civil Court
Court .
8. Chief Judge , Small Cause Court, Small Clause Court Bombay.
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 Rs. 50 per day subject to a maximum of Rs.
Court at Bombay and its Benches at 150 in any one case.
Nagpur, Aurangabad 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.
Headquarters and in Small Causes Courts 100 in any one case.
in 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 “214Administration of JusticeLegal 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 1A 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 courtfee
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 Courtfee 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 courtfees under rules
10, 11, 11A of Order XXXIII and rules 14 and 14A (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 courtfees.
Suits against Princes, Chiefs, Ambassadors and Envoys

301. The law on this subject is contained in sections 86, 87, 87A and 87B 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 XXXIIA 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 subjectmatter 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 XXXIIA 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 reconveyance 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 reconveyance 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 25th 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 25th 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 noncontentious cases arising within the local limits of their
respective jurisdiction.
(ii) In exercise of the powers conferred by section 28A(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 28A(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 CourtFee 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 footnote 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 daybook
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 subrule (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
subsection (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 coopponents.
(c) The person making an application under subsection (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 cohabited
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 corespondents 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 corespondent 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
corespondent 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 corespondent, 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
socalled 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 subsection (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) Corespondent 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 corespondent 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 crossexamined
and reexamined, 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 crossexamination may
be reexamined 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 corespondent
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 corespondent 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 corespondent 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 subsection (1A) 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
subsection (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 corespondent. 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 corespondent 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 corespondent.
(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 corespondent.
(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 exparte 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 corespondent 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 corespondent 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 reexamined 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 crossexamination
may be reexamined 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 corespondent
and such voluntary sexual intercourse with his wife has been established, the Court may
order the corespondent to pay the whole or any part of the costs of the proceeding :
Provided that the corespondent 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 corespondent 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 subsection (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 subsection (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 subsection

(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 counterclaim, or setoff, 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) Noncompliance 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 counterclaim or setoff 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 exofficio, 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
noticeboard 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 noticeboard 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
crossexamine 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 67A

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 67A 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 148A 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 46A to 46I 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 rehear an appeal decided exparte.
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 No. of Name No. of Nature Date Date of Substa Date of Decree Steps
prese petition of Suit, of the fixed actual nce of Appeal in taken
ntation Petition Appeal Petition for disposal the if any Appeal for
er and etc to disposal order and execut
Oppon which passed date ion with
ant. Petition results
refers thereof.
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 reconstruction 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 Name of Nature of Order thereon Remarks

consecutive Petitioner Petition
number
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 reentered, 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 decreeholder 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 judgmentdebtor, 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 nonexecution.
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 decreeholder 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 postponement 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 decreeholder, 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. 1A given of this Manual, Volume II. In this register should be entered
serially and datewise 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 decreeholders 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 44A, 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 subsection (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. 8109/5/11B, 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 44A 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 (1) House of Lords Government Notification.
kingdom (2) The Court of Appeal Ministry of Law, No S.R.O. 399
(3) High Court of England dated 1st March 1953, as amended
(4) The Court of Session in by G.S.R. 201, dated 13th March
Scotland. 1958.
(5) High Court in Northern
Ireland.
(6) The Court of Chancery of the
Counrty Palatine of Lancaster.
(7) The Court of 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 High Court Government Notification,
Singapore Ministry of Law, No F12 (4)/ 68
J dated 17th June 1968.
5. Federation of 1. High Court. Government Notification,
Malaya 2. Courts of Appeal Ministry of Law, No S.R.O. 4,
dated 3156.
6. Sikkim 1. The High Court of Sikkim in Government Notification,
exercise of its Civil Jurisdiction. Ministry of Law, No G.S.R. 704,
2. Any other Civil Court in dated 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 1967.
the 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 1. Supreme Court of Judicature Government Notification,
Tabago (a) High Court ; Ministry of Law, No F12 (3)/ 68
(b) Court of Appeal. J dated 31th July 1968.
2. Industrial Court; and Note In force with effective from
3. Income Tax Appeal Board. 1st September 1968.
8. Newzealand, The Supreme Court of Government Notification,
the Cook Island Newzealand. Ministry of Law, No S.R.O. 3282
(Inluding Niue) dated 15th October 1957.
and the Trust
Territory of
Western Samoa.
9. Hong Kong 1. Supreme Court Government Notification,
2. Victoria District Court Ministry of Law, No G.S.R. 2096,
3. Kowloon District Court dated 18th November 1968.
4. Faniling District Court
10. Papua and Supreme Court. Government Notification,
New Guinea 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 nonsatisfaction 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 exparte 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 Judgmentdebtor
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
judgmentdebtor 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, 3 days
Bombay
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 reproduced 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. 54/1/63Ests(A) dated the 20th January 1965, is reproduced for
the guidance of the Courts :
In pursuance of clause (1) of the proviso to subsection (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 houserent 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 1068/3261H 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 subsection

(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/XIX45, 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 houserent 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 46A to 46K 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 Judgmentdebtor 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 subrule (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. [subrule (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 subrules (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 [subrule (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
subrule (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 subrule (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 decreeholder 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 JudgmentDebtor for settling
the terms of the proclamation [proviso to rule 66(2) Order XXI], if, by an, Order under
subrule (1A) 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 decreeholder 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 judgmentdebtor 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 judgmentdebtor 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 titledeeds 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 judgmentdebtor 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 copartners, 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 judgmentdebtor. 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 courthouse 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
Courthouse, 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 resale 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 judgmentdebtor.
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. A234.
(3) The Collector should certify the affixing to or the removal from, his
noticeboard of orders of attachment.
CHAPTER XXII
APPEALS AND REMANDS
450. The memorandum of appeal shall be written in English. However, if the

lawyer engaged in the appeal does not know English, or if the party is not represented by
a lawyer and the party does not know English, it may be written in the regional language
in which case it should be accompanied by an English translation.
451. (1) As soon as a memorandum of appeal is presented the Clerk of the Court
should examine it with a view to ascertaining
(i) Whether the appeal is competent,

(ii) Whether the presentation of the appeal is duly authorised.
(iii) Whether the appeal is in time, and, if not, by how many days it is
beyond time, and whether an application for condonation of delay is filed with it along
with an affidavit in support of the same, as provided in rule 3A of order XLI of Civil
Procedure Code.
(iv) Whether the memorandum is accompanied by the copies of the
judgment and decree, or a copy of last para of the judgment, as provided in rule 6A of
Order XX of Civil Procedure Code.
(v) Whether the appeal is properly stamped,
(vi) Whether the names of the parties stated in the memorandum
correspond with the names as given in the copies annexed, and
(vii) Whether the addresses given are registered addresses of the parties.
(2) If the valuation stated in the memorandum of appeal differs from the
valuation given in the plaint, the difference should be explained and accounted for in a
footnote to the memorandum of appeal.
(3) Where the Clerk of the Court finds that the memorandum of appeal does
not comply with any of the requirements referred to in subparagraph 1 above, or is open
to any objections, he should call upon the appellate or his lawyer, if he is represented, to
comply with the requirements or remove the objections. If he fails to do so within 7
days, the memorandum shall be placed before the Presiding Judge for orders.
(4) As far as possible, every appeal shall be brought up for hearing and such
hearing shall be concluded within sixty days from the date of its filing. (rule 11A, Order
XLI of Civil Procedure Code).
452. In appeals against the decree for payment of money, the Court may direct the
appellants to deposit the amount disputed in the appeal or to furnish such security in
respect thereof, within such time, as the Court may think fit.
In cases of appeals, wherein the Court deems it fit to dispense with the
deposit or security, it may do so for sufficient cause.
453. If an appeal is beyond time and an application is made under section 5 of the
Limitation Act 1963 (Act No. 36 of 1963), the memo of appeal should not be registered
unless the application to condone the delay is granted.
454. (i) Attention is invited to subsection (2) of section 12 of the Limitation Act,
1963, which provides that in computing the period of limitation for an appeal or an
application for leave to appeal or for revision or for review of a judgment, the day on
which the judgment complained of was pronounced and the time requisite for obtaining a
copy of the decree, sentence or order appealed from or sought to be revised or reviewed
shall be excluded.
Attention is also invited to rule 20 of Order XX of the Code of Civil

Procedure, 1908, as amended by the High Court, within permit a party to apply for
certified copies by post.
(ii) Attention is also invited to the Explanation added at the bottom of section
12 of the Limitation Act, 1963 which provides that in computing the time requisite for
obtaining the copy of a decree or an order, any time taken by the Court to prepare the
decree or order before an application for copy thereof is made shall not be excluded.
455. (i) When an appeal is preferred from an order in an execution proceeding, the
Court may require the production of a copy of the decree sought to be executed and such
an order is made, it shall be the duty of the appellant to produce the same.
(ii) Whenever execution of a decree of the lower court is stayed, the Appeal
Court should expedite the hearing and give priority to such matters.
456. The appellate Court should maintain a register of rejected memoranda of

appeals which should be kept in the same form and maintained in the same manner as the
register of rejected plaints.
457. If the appellate Court makes an order for appointment of a guardian ad litem
of a minor, it shall follow the same procedure as is prescribed by the rules herein
contained for appointment of the guardian ad litem of a minor in a suit.
458. When an appeal is dismissed summarily under Order XLI, rule 11 of the Civil
Procedure Code, the Court shall record a brief judgment, stating the reasons for
dismissal. A formal decree should also be drawn up in such a case.
Since the notice before admission is not a procedure prescribed under the
Code of Civil Procedure, but a matter of inherent jurisdiction, the hearing for the purpose
of the admission of the appeal will not become a final hearing merely because a notice is
issued to the other side and in such a case, if a formal decree is drawn up as aforesaid, the
same cannot be treated as a decree drawn under rule 35, Order XLI Civil Procedure
Code.
459. (i) After the appeals, viz., the appeals from proceedings other than the suits
finally disposed of, appeals from preliminary decrees, appeals against some interim
orders of the trial Court etc., are admitted, the Court concerned shall consider the
necessity of the record and proceedings for the purpose of final hearing of the appeal and
then pass necessary orders for calling upon the trial Court to send in the Record and
proceedings to it, if required. Otherwise, the Court shall pass the necessary order for not
requisitioning the record and proceedings for the purpose. Similarly, the Court shall pass
the necessary orders for the preparation and supply of the paperbook containing the
relevant documents necessary for the final hearing. Looking to the urgency of the final
hearing, the Court may direct the parties concerned to file the copies of the relevant
documents of which they would rely.
(ii) After the appeal is admitted and the record and proceedings are received
in the District Court, the clerk of the Court shall give notice of that fact to the appellant or
his lawyer, who shall, within one month from that date or such other further time as may
be allowed by the Presiding Judge, deposit in Court the estimated cost of as many paper
books as may be necessary for supplying them to the contesting parties separately
represented by lawyers.
(iii) The paper book shall contain memorandum of appeal, judgment,

depositions in English and pleadings of the parties.
(iv) The charges for the preparation of paper books shall be at the rate of 15
Ps. For 100 words or fraction thereof for all the copies, not exceeding five; if an extra
copy is needed, the rate for extra copy should be 5 Ps. for 100 words or fraction thereof.
In addition to this, charges for the cost of paper at 5 Ps. Per foolscap sheet shall be levied.
When the paper books are ready, notice thereof shall be given to the appellant or his
lawyer.
(v) If the deposit for the paper books is not made or if the balance remaining
due after making the final adjustment is not paid within one month from the date on
which notice has been given in that behalf, the appeal shall be placed before the Presiding
Judge for such orders including dismissal for default or for want of prosecution, which
the Presiding Judge may pass.
460. The costs of preparation of paper books deposited by the appellant in

accordance with paragraph 459 shall form part of the costs of the appeal and should be
included in the bill of costs.
461. (i) All appeals from proceedings other than suits as well as appeals from
preliminary decrees should be treated as short notice matters. Appeals from proceedings
other than suits should, as far as possible, be deposed of on the date of return of notice.
(ii) Appeals against interlocutory orders should be heard with priority. On

admission of such appeals, the appellant should be required to file a complete paper book
for the court as also for the other side containing copies of all relevant papers. Records
and proceedings should not be called for in such appeals unless required by the Court.
462. The Appellate Court should frame suitable points for determination in
appeals in accordance with the same principles on which issues are framed in the trial
Court. The judgment of the appellate Court should state the points for determination the
decision thereon, the reasons for decision and where the decree or order appealed from is
reversed or varied, the relief to which the appellant is entitled, (Order XLI, r.31).
463. As the first appellate Court is the final Court of facts, it is necessary that
Court should formulate its conclusions on all questions of facts precisely and clearly.
Care should be taken to see that every point argued at the hearing by either party is dealt
within the judgment.
464. The appellant has no right to urge any ground not stated in the memorandum
of appeal (Order XLI, rule 2). Leave to argue points not mentioned should not be given
unless due notice has previously been given to the respondent.
465. An order of remand under rule 23 can be made only where the trial Court has
decided the suit on a preliminary point without recording any findings on the merits and
the appellate Court has reversed that decree. A suit may be remanded by the appellate
Court in exercise of its inherent powers under section 151, when this is necessary in the
interests of justice.
Ordinarily the powers under section 151 should not be exercised for adopting
a procedure or method different from that enjoined or provided by the Code; but in
exceptional cases, when the Court is satisfied that it is really necessary in the interests of
justice to remand the case, the Court may do so in the exercise of its inherent powers.
It is open to the appellate Court under rule 24 to frame the necessary issues
and finally determine the suit, when the evidence on the record is sufficient but the trial
Court has not framed proper or necessary issues.
When the trial Court has omitted to frame or try any issue or to determine any
question of fact which the appellate Court considers essential to the right determination
of the suit upon the merits rules 25 and 26 empower the appellate Court to frame such
issues and refer them to the trial Court for trial.
Rule 27 provides for the admission of the additional evidence in appeal in

certain cases and rules 28 and 29 deal with the mode in which it shall be taken and the
points to which it shall be directed.
While remanding a case under rule 23 or rule 23A or for trial under rule 25
of Order XLI, Civil Procedure Code, the Court shall fix a date for the appearance of the
parties, as aforesaid, before the trial Court from whose decree the appeal was preferred
for the purpose of receiving the directions of that Cort as to further proceedings in the
suit.
466. (i) Except in cases where an order of remand is made under rule 23, or where
it has been made under section 151 in the exercise of Court's inherent power in the
interests of justice, the appeal shall be retained don the file of the Court. Where, in
appeal, the appellate Court has framed an issue or issues and referred the same for trial or
has directed the subordinate Court to take additional evidence, the appellate Court shall
retain the appeal on its file but send the record to the subordinate Court ;concerned for
the purpose of compliance.
(ii) When an issue or issues is or are remitted to the trial Court for trial, or for
recording additional evidence, and the appeal is kept pending on the file of appellate
Court and any of the parties dies after the receipt of the record by trial Court, it is not
necessary to retransmit the record and proceedings to the appellate Court. The trial
Court should, in such a case, on receipt of the intimation of the death of the party
concerned, merely inform the appellate Court about the factum of death.
467. In cases of remand by High Court, Courts must follow the same procedure as
prescribed in paragraph 466(ii) above.
468. When the appellate Court remands a case under rule 23 of Order XLI, or
refers an issue or issues for trial under rule 25, or allows additional evidence to be
produced in the trial Court under rule 27, Order XLI, it should invariably fix the date of
appearance of the parties in the Lower Court and direct the parties to appear in the
Lower Court accordingly. In cases where the Appeal Court fails to do so, the Lower
Court shall fix such date and direct the parties to appear before it accordingly on the fixed
date. Where the Appellate Court has done so, the trial Court need not issue to the parties
who were represented by lawyers in the Appellate Court fresh notice of the date fixed for
hearing. It will be sufficient if a notice of the date of hearing is given on the notice board,
or intimation is given to the lawyers of the parties. Notice in the manner provided by
Order V of the Code must, however, be served on such parties as were not so represented
in the Appellate Court.
469. When an issue is referred to the trial Court for recording findings, the Court
shall treat it as a specially expedited case and return the findings within the time specified
in the appellate Court's order. Extension of time for returning findings in such case
should be asked for only in very rare cases.
470. When the High Court refers a suit to the trial Court for recording its findings
on any issue or issues with a direction that the findings should be certified through the
District Court, the District Court should also record its findings before transmitting the
case papers to the High Court.
471. When an appellate Judge works at two or more places, he may with the
consent of the parties, pronounce his judgment at any of those places.
472. A copy of the appellate judgment shall be forwarded to the Judge from whose
judgment the appeal was preferred when such Judge has been transferred to another
station.
473. Decree should be drawn up in all appeals including appeals arising out of
execution proceedings.
474. In appeals from original decrees, the Registrar of the High Court shall send to
the District Court two copies of the High Court Judgments, one to be kept filed in the
District Court and the other to be kept filed with the record of the original proceedings in
the suit. In appeals from appellate decrees, the Registrar of the High Court shall send to
the District Court three copies of the High Court judgment, one to be kept filed in the
District Court and another to be kept filed with the record of the original proceedings in
the suit and another to be kept filed in the Court of first instance.
475. An application for return of a document produced or exhibited in a case may

be made either to the trial Court, the lower appellate Court, or, if the matter was decided
by the High Court, to the High Court. Such application may be oral. If the document is
not in the custody of the Court to which the application is made, a receipt of the
document should be obtained from the party concerned and along with the application,
forwarded to the Court which has the custody of the document. That Court should return
the document along with the application and retain the receipt after endorsing thereon the
date of dispatch of the document. This receipt should be filed in the appropriate file. If,
for any reason, the document cannot be returned, the receipt and the application should be
sent back to the Court concerned stating the reasons for not returning the document.
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 paperbooks. If the Roznama is not in
English, it should be translated into English and the English translation should be
incorporated in the paperbooks. The paperbooks 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
paperbook. 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 paperbook. 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 paperbook 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 PaperBooks 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 showcause 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 paperbooks, if it considers fit to do so, and in such cases,
paperbooks 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 paperbooks 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. 0060 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 paperbooks, 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 paperbook 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. Nonregistered 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 onehalf 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 7A 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 subparagraph, 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 Exceeds Exceeds Exceeds Exceeds Rs. 1000 but Exceeds In suits Mamlatdar's Is
exceed Rs. 25 Rs. 50 Rs. 250 Rs. 500 does not exceed Rs. Rs. 5000 appeals or Court miscellaneous
Rs. 25 but does but does but does but does 5000. proceedings applications
not not not not not under the
exceed exceed exceed exceed otherwise Bombay
Rs. 50 Rs. 250. Rs. 500. Rs. provided Rents, Hotel
1,000. 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. P Rs. P Rs. P Rs. P
I. For each summons or notice 00.25 00.40 00.75 1.00 1.50 Rs. 1.50 for the first 5.00 2.00 00.50 1.00
Rs. 1000 and 50 Ps
(a) To a single defendant, respondent, for every Rs. 1000 or
or witnesses. part there of in excess
of Rs. 1000
00.15 00.20 00.40 00.50 00.75 2.50 1.00 00.40 00.50
75 Ps., for the first
(b) To every additional defendant,
Rs. 1,000 and 25 Ps.
respondent or witness residing in the
for every Rs. 1,000 or
same village or town or within the
part thereof in excess
same Municipal limits if the processes
of Rs. 1,000.
be applied for at the same time.
II. For every warrant
(a) of arrest, in respect of every person

to be arrested;
Rs. 3 for the first Rs
(b) of attachment, in respect of every 1,000 and Rs.1 for
such warrant ; 00.50 00.75 1.50 2.00 3.00 every Rs. 1,000 or 10.00 4.00
(c) of sale, in respect of every such of Rs. 1,000/
warrant.
(d) of possession, in respect of every

warrant.
III. For every proclamation other than a Rs. 3 for the first Rs
proclamation of sale under Order XXI. 1,000 and Rs.1 for
Rule 66, Civil Procedure Code or order 00.50 00.75 1.50 2.00 3.00 every Rs. 1,000 or 10.00 4.00
and every process not otherwise part thereof in excess
provided for. of Rs. 1,000/
IV. For every order or injunction Rs. 3 for the 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 or 10.00 4.00
of Rs. 1,000/
(b) to every additional opponent 00.25 00.40 00.75 1.00 1.50 5.00 2.00
1/2 of the above
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 of sale 2.00 In all suits, appeals or proceedings.

under Order XXI, Rule 66, Civil
Procedure Code.
Where the Subject matter in dispute
VI. For every sale of movable or 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
immovable property. on all excess of gross proceeds above Rs. 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 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 subjectmatter shall be considered to be the market value of the
property in dispute. Where the subjectmatter is not capable of valuation, the fees are to
be levied accorded to column 9.
Note (ii) : In execution proceedings processfees shall be levied according to the value of
the subject matter in respect of which execution is sought or where the subjectmatter 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 subrule (1) or subrule (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 subrule (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 subrule (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 marketvalue of the subjectmatter 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 saleproceeds, 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 judgmentdebtor, 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 IVA 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 19A 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 reissued for service, only a half of the full fee leviable
shall be charged on the occasion of each reissue. 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 reissued 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
reissue.
Note (xi) : If a warrant has already been issued to arrest a judgmentdebtor 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 processfees 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
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 IVC.
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 Reorganised 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 Reorganised 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 Courtfees, 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 decreeholder 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 decreeholder 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 decreeholder 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 decreeholder 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 decreeholder under rule 2 of
Order XXI of the Civil Procedure Code, although such certificate declares that the
decreeholder 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 Courtfee labels and impressed stamps :
(i) Section 42 of the Bombay Courtfees 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 figurehead 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 Courtfee 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 Courtfees Act, and note the date of doing so
at the same time, apply only to adhesive labels used under the Courtfees 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 Courtfees 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) Courtfee 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 Courtfee

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 subjectmatter
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 Courtfee 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 Twothirds.
1
installments for payment is asked for.
Suit which is got dismissed by a plaintiff for want of Twothirds.
2 prosecution before settlement of issues or recording of any
evidence
Suit which is withdrawn unconditionally by the plaintiff Twothirds.
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 Threefourths.
4 summons to 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 Twothirds of the
of Order XII in the First Schedule to the Code of Civil amount of institution fee
Procedure, 1908, before the settlement of issues or of the claim admitted.
5 recording of any evidence.
(Vide Government Order, H.D., No CFA, 1056III,

dated 1st August 1959.)
In summary suit under Order XXXVII in the First Schedule Twothirds
to the Code of Civil Procedure, 1908, where leave to defend
6 is refused or where the defendant does not appear.
(Vide Government Order, Law and Judiciary Department,
No. CFA1179/419(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

1
registration or when registration is refused. institution fee.
Appeal which abates after registration because the right to Two thirds of the
2 sue does not survive for the legal representative of a institution fee paid on the
deceased litigant. memorandum of appeal.
Appeal which after having been pleased before the Court Half of the institution fee
3 for admission is withdrawn or not prosecuted. paid on the memorandum
of appeal.
Appeal which is withdrawn or not prosecuted though Half of the institution fee
4 registered, before it is called for effective hearing. paid on the memorandum
of appeal.
Memorandum of cross objection which is withdrawn or is Half of the institution fee
5 not prosecuted before an appeal, in which it is filed, is paid on the memorandum
called for effective hearing. or cross objection.
[ Vide Government Order, Home Department No. CFA. 1056/58839III,

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 Courtfees is given below.
Form of Certificate for refund of Court Fees.

Amount ordered to be refunded to under section It is certified that is/are entitled under
of the Bombay Court Fees Act, 1959/Bombay section of the Bombay Court Fees Act,
City Civil Courts Act, 1948. 1959/Bombay City Civil Courts Act, 1948.
(a) Read with Government Order, Home (a) Read with Government Order, Home
Department No. CFA. 1056III, dated the 1st Department No. CFA. 1056III, dated the 1st August
August 1959. 1959.
(b) Read with Government Order, Home (b) Read with Government Notification . Home
Department, No. 5824/5, dated the 14th August Department, No. 5824/5, dated the 14th August 1948.
1948.
(c) Read with Government Order, Home
(c) Read with Government Order, Home Department, No. CFA. 1056/58839III, dated the 29th
Department, No. CFA. 1056 /58839 III, dated April 1960.
the 29th April 1960.
Or under Rule or Rules framed under Bombay Act,
Or under Rule or Rules framed under Bombay LVII of 1947 to receive back from the Collector of
Act, LVII of 1947 in respect of plaint/ counter Rs. (in figures) (in words) Rupees
claim in in Application / Memo Paise the stamp on the Plaint/Counter
of Appeal / Crossobjection / Appeal / claim/Application/Memo of Appeal/Cross Objection
Application in Suit in suit /Appeal / Application No. of 19 of the Court
of the District Judge / Civil Judge (Senior / Junior
Appeal/Application
Division) of Bombay City Civil Court, Bombay,
No. of 19 having been Rs. (in figures) (in words)
Rupees (in words) Rupees and Paise and the Court having ordered
refund of the Court having ordered refund of the
Rs. Paise. institution fees.
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
Courtfee 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.
CCS2768/5528(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 Courtfees 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 preemption mentioned in paragraph (vi) in

Section 6 of the Courtfees 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 Courtfees 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 Courtfee 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 SubRegistrar of Savda and the subAssistant 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 exparte 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 powerofattorney 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. and year of suit, Date of No. of Papers No. of Papers No. of exhibits
No. appeal or miscellaneous Decision in the case as filed after not to be
application together with per Roznama decision destroyed
names of parties
4 5 6
1 3
2
Date of receipt Shelf or No. and year of Date of If destroyed to Remarks

cupboard appeal, if any destruction what extent
8 9 10 11 12
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 recordroom.
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 Court B
9 Register of Sale Certificates C
10 Register of Darkhasts transferred to the Collector for Execution B
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 guardianadlitem C
15 'A','B','C','C' Registers of decided cases D

Sr.No. Nature Classification
16 Register of interim applications D
17 Register of Commissions issued D
18 Inward and Outward Registers (both regional and English) C
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

Instructions issued for guidance on examination of accounts B
26 (from the date of receipt)
Reports of Enquiry Officers and final orders in Departmental B
27 enquiries (from the date of final orders)
Correspondence and office copies of correspondence relating to D
preparation of Paper Books in proceedings before Appellate and
28 Revisional Courts
Other Miscellaneous correspondence (From the date of disposal D
29 of the subject to which such correspondence 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, halfyearly 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) Postbooks (tapal books).
(8) Receipts of registered letters and Moneyorders.
(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 sectionwriters 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 subparagraphs 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 subparagraph (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 Number and year of proceeding, Date of order on Signature of Remarks
and date of Record Book of Register to be application applicant or
application inspected his lawyer
3
2 4 5
1
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
Courtfees 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 Nature, number Name and Name and Signature of the Remarks
No. application of and year of the signature of signature of the person receiving
or of oral Order proceeding, the person person before back the record
request Record Book or taking whom inspection given for
Register to be inspection is taken inspection
inspected
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.
(558A . 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 subparagraphs (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 Subrule (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.”
13A(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 subparagraph (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 Number of the application Serial Number of To whom sent for
receipt in the copying Register the priority fixed supplying record
1 2 3 4 5
Date on Date on which Date on which copy Date on which Reasons for
which sent record received was made ready copy delivered delay, 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 Courtfee 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
(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 When only one party When more parties
applies than one apply to be applies than one apply to be
shared equally by all shared equally by all
10 Paise per folio of 15 Paise per folio of 15 Paise per folio of 20 Paise per folio of
100 words 100 words 100 words 100 words
(2) Notwithstanding anything contained in subparagraph (1) no charges as

prescribed in condition (iii) of that subparagraph 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 Serial No. in the Register Amount Serial No. in the Register of Amount
and Date of applications for copies application for copies in refunded
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 case Amount of Amount of

application application applicant from which the copy estimated fees deficit, if
or translation is deposited and any, and date
required date of deposit of receipt
1 2 3 4 5 6
Amount Name of Date of Date given Date of delivery Amount due
recovered by copyist or completion of for taking of copy or for copying
VPP., and date translator copy or copy translation or fee
of recovery translation dispatch by VPP
7 8 9 10 11 12
Amount Amount Amount Amount due Amount, if Signature of applicant

due for due for of Paper for postage in any, refunded for receipt of copies
comparing translation Cost case of fees and refund if any, or
fee fee recoverable No. and date of Money
by VPP Order and VPP
13 14 15 16 17 18
Amount paid to Signature of Amount credited No. and date of Remarks

translators. translators to 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 incharge 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 31st 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 subrule (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 20th 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 31st 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 FC2
(Vide Government of India Circular letter, Ministry of Home Affairs, No.II/21022/14(8)/
78FCRAI, 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 hometown 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.1055/62546III, dated 26th
December 1957, as amended by Government Resolution, Law and Judiciary Department,
No.DCE. 5265/3643J, 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.B10135/50, 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 visavis 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 birth Date of entry into

No. departmental and adhoc Government Service
examinations passed and
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 31st 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 15th 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 1261D, dated 8th 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. 1256D, dated the 4th 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 reattendance of witnesses and take bail, from an apprehended witness under
Order XVI, rule 18, of the Civil Procedure Code and from judgmentdebtors 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. QuasiJudicial
(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 applicantjudgmentcreditor 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 judgmentdebtor to raise

the decretal amount by sale of the attached property under Order XXI, rule 83(2), Civil
Procedure Code.
II. Nonjudicial
(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 Nonjudicial 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 Courtfees 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 Courtfees 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 30th 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 1,000
incharge of postage stamps, incharge of stationery,
incharge of muddemal or incharge of Government
money dealing with monetary transactions.
(8) SectionWriters 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
(3) Junior Clerk incharge of Government Money or 1,000
muddemal or library or postage stamps etc.
Name of the Court Designation of the post Prescribed amount
of security to be
taken now
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
1,000
stamps etc.
1,000
(5) SectionWriters dealing with copying fees
300
(6) Bailiff
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
1,000
books etc.
300
(6) Bailiff
7. Judicial Magistrate, (1) Senior Clerk 4,000
F.C.
muddemal or postage stamps or stationery or library
1,000
books etc.
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 SectionWriter 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
SectionWriters 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 SectionWriter
Paper book work Certified copies work

Distinctive Description of Serial No. of Distinctive Description of
Date Number of the the document the application Number of the the document
Appeal of Revision or the Exhibit in the copying Case or or the Exhibit
of which the paper number copied Register proceeding number copied
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
Language Language Language comparing
7 8 9 10 11 12 13 14
Note. (1) If the Sectionwriter is an English SectionWriter, the letter E should be inserted
before his name within brackets and if he is a Regional language Sectionwriter, 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

Balance of Received Disposed close of the day
Kind of Total for
the previous during the during the Pending Pending
work disposal
working day day day over ten over twenty
days 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 Court to Date on which Date on which
application in which the application is the application is
Serial
the copying sent for making the record application is received back with Remarks
No.
Register of the case available or sent or without the
for preparing the copy record or the copy
1 2 3 4 5 6
PART II
(Relating to applications sent to the Record Keeper)
Number of the Name of the Record Date on which Date on which the
application in Keeper or the Record the application is
Serial the copying Clerk to whom the application is returned with or
Remarks
No. Register application is sent for sent without the record
making the record of the
case available
1 2 3 4 5 6
PART III
(Relating to applications given to the Sectionwriters for copying)
Number of the Name of the Section Date on which Date on which

Serial application in writer to whom the the application the copy is
Remarks
No. the copying application is given with is given prepared
Register the original
1 2 3 4 5 6
FORM D
PART I
(Monthly Outturn)
Name of Number Total number of Average number of Work

the of words copied and words copied and other than
Seria Section working compared compared per day copying
Remarks
l No. writer days English Regional English Regional and
comparin
language language language language
g
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
SectionWriter 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 SectionWriter.
PART II
(Monthly balance)
Number of Number Number Balance pending Serial Numbers of

applications received disposed of at the end of the applications pending
pending at the during the during the month for more than ten days
beginning of the month month with reasons for delay
month in each of them
1 2 3 4 5
Number of Number Number Balance pending Serial Numbers of
applications received disposed of at the end of the applications pending
pending at the during the during the month for more than ten days
beginning of the month month with reasons for delay
month in each of them
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 nonservice 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 judgmentdebtor has

represented that he does not wish to point out the judgmentdebtor 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 Date of arrival Date of Summary of To what village

officer departure work 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 judgmentdebtor should be a ground for either dispensing
with the services of the processserver 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. 8977/3II, 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 shallconsist 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 4th 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 2nd 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 recheck all the Answer Books for retotalling 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. Rechecking/retotalling of Marks alloted is necessary to ensure that no
request for rechecking 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 Courtfees Act, 1870 (All Central Acts), (b)
Goa Government Amendments/Notifications to on the latter two Acts and (c)
the Civil Manualk (with books). 100
Marks
(iii) Questions to test the examinee's knowledge of (1) The Criminal Procedure
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.
(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. 100
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)
Marks
(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 Typewritting 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 PaperI 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 PaperIII 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 41A 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 petitionwriter 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.
(iia) Stenographer (Higher Grade) ; minimum shorthand speed of 120 wpm

and minimum English typing speed of 40 wpm
(iib) Stenographer (Lower Grade) Minimum shorthand speed of 100 wards

per minute and minimum typing speed of 40 words per minute.
(iic) 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 PetitionWriters 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 petitionwriters 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 petitionwriter 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 petitionwriter shall act as a law tout or receive any fee for
introducing clients to lawyers.
(ix) No licensed petitionwriter shall directly or indirectly bid for any

property sold at a Courtsale.
(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
twentyfive rupees on any petitionwriter 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 thereby 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 petitionwriter, 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 4.00
1 Second 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) 4.00
2 above 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) 5.00
above.
Memorandum of Objections under Order XLI, Rule 5.00
3 2 of the 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
4.00
Item No.1 (b) above.
2.00
(c) Not otherwise provided for.
Any other legal document, such rate as may be 5.00

5 agreed on or in the absence of agreement.
Description of the Document Maximum Fees
Rs. Ps.
For additional copies of document mentioned at any Half of the fees prescribed for
of the Items No. 1 to 5 above. the original, for the first copy
th
and 1/4 of the fee for the
additional copy, if the copy
made by hand or by typing
6 separately and 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 Re.1 for per full page or part
above. thereof if the copies made
separately by hand or by typing
7 and Re.1 for every set of two
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 petitionwriter in the Court of ...............................................

subject to the rules framed by the High Court in this respect.
Seal. Civil Judge.

CHAPTER XXXIA
Summons Service through Courier
628A. 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 subrule (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 outlying
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 pleader Nature of Number of sheets of Fees charged

or Advocate document typed foolscap paper typed
Original Carbon
636. Advocates appearing in the Supreme Court, High Court, SubOrdinate 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 subrule (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, 35B 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.
639A 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 Courtfee 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 subclause (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 subjectmatter in dispute in the suit, appeal,
application or proceeding at the rates specified below :
If the amount or the value of the subjectmatter 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.
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 Courtfees 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 subclause (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 subjectmatter in dispute in the suit, appeal,
application or proceeding at the rates specified below :
If the amount or the value of the subjectmatter 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.
on Rs. 5,000 as above and on the remainder 2 per cent.
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 Courtfees 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 subrule (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 nonattendance 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 subrule (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 subrule (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 subrules (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 nonbailable 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 subsection (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 nonbailable 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 casefiles 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., C350/1960,
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 subjectfile, 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 casefiles 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 casefile 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
2. Permanent Advance. 2. Minor Works.
Small Cause Court
2. High Court Writs
Judges. 3. Contingencies. 3. Repairs.
3. Processes, decrees
2. Chief Judicial 4. Salaries and 4. Residential quarters.
and Commissions
Magistrate, Civil allowances.
issued to other Courts. 5. Accommodation for
Judges and Judicial 5. Deposits. Courts.
4. Processes, decrees Magistrates
and Commissions (Appointments, leave, 6. Pension and 6. Miscellaneous
received from other Gratuities.
etc.)
Courts. 7. Provident Fund and
3. Law Officers.
5. High Court Life Insurance.
4. Establishment.
Judgments. 8. Advances.
5. Judicial Conferences.
6. Miscellaneous file. 9. Securities of
6. Council questions. officials.
7. Departmental and 10. Refunds and
Hindi Examinations. remissions.
8. Vacations and 11. Diet money.
Holidays.
12. T.A. Bills.
9. Deputations of
13. Furniture, etc.
Judicial Officers.
14. Misappropriation
10. Election Tribunals.
15. Library.
11. Acts and
Regulations. 16. Fees to the Lawyers
12. Inspections of Civil of the Indigent persons
and Magistrates Courts. and appointed under the
Legal Aid Schemes.
13. Returns and
17. Dead Stock,
Statements of Court
Stationery, etc.
work to High Court.
14. Returns and 18. Miscellaneous.
Statements to
Government.
15. Returns to District
Court by subordinate
Courts.
16. High Court and
District Court circulars.
17. Pleaders' Sanads.
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 XXXVI
HOLIDAYS AND VACATIONS
698. (i) Under section 43 of the Bombay Civil Courts Act, XIV of 1869, in
addition to the days therein mentioned those named in the list contained in Appendix G
of Volume II of this Manual are sanctioned as holidays in the District and Subordinate
Courts. When a holiday on account of a visible eclipse of the sum or the moon is not
sanctioned for any District, the Courts in that District may be closed for a day on the
occasion of such an eclipse in lieu or any of the holidays sanctioned.
(ii)k In the case of extraordinary holidays (e.g. Kapila Shashti) which occur
only after a series of years, sanction of the High Court shall be obtained before closeing
the Courts.
699. (i) Early in December a list shall be prepared by the District Judge in english
and in the languages of the District, showing the dates and the months on which the
holidays will fall during the ensuing year. This list shall be circulated for general
information to all the officers and Courts in the District. A copy of this list should be
affixed on the notice board of each Court for information of the public.
(ii) The Courts shall not be closed on days other than those allowed by the
High Court.
700. Even where a holiday mentioned in the list of holidays referred to in

Appendix G in Volume II, falls on a Sunday or where two holidays mentioned therein fall
on one and the same day, no working day in lieu thereof shall be observed as a holiday.
701. The District Judge may close any Civil Court in his District for any day on
which the Court cannot function satisfactorily, owing to a requisition by the Collector or
the staff thereof in connection with an election or byelection to the State or Central
Legislature.
702. The Civil Courts in a district may be closed by the District Judge for the
ordinary annual vacation of six weeks, provided the Courts should reopen on 1st/2nd
Monday of June each year.
The District Judge may, at his discretion and in consultation with the Bar
Association of his district close the Civil Court in his district for six days in December as
winter vacation in lieu of the first six days of the summer vacation, but the total period of
Winter Vacation including the holidays preceding and succeeding, if any, should not
exceed nine days.
Date of reopening of the Courts after Summer vacation may be fixed in

consultation with High Court, so that the Civil Courts in the State reopen on the same
day.
The dates the Summer and Winter vacation shall be published in the
Maharashtra Government Gazette, at least one month before the date of commencement
of the vacation.
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 rentfree
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 Vol Date Price Where Orde Bill Voucher With Remar Margin
head, numbe of (Volu of ume of of kept (a) r No. No. and date draw ks and for
if r Autho me if copies num receipt the Room, and of n signat cutting
any. r any) receive ber book. (b) date. payment date. ure of and
d Cup the numbe
board Librar ring
(if y
any), Clerk.
(c)
shelf
(if
any).
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
The righthand margin of the catalogue shall be so cut and numbered as to

show where the entries under each class and subhead represented by the numeral
prefixed thereto in subparagraph (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
Subhead 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. B64Eng.
(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.
707A. 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 overall 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 vismajor 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 2/3rd 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 2/3rd 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 twentyone 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 exofficio 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 cooption 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 subrule (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 twothirds 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', B1 and Statement No. V. Forms À' and `B' should be used by the Civil
Judges (Senior Division and Junior Division) and Civil JudgescumMagistrates, 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 JudgecumJudicial 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', `D1' 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 readmitted 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
st
the 31 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 Description
Date number of suit and date of On account of On account of
etc. in which document Total
deficient duty penalty
documents is
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 uptodate.
(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 SectionWriter 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 subpara (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 Total Ready Unready Commissioner Revenue Stayed

the proceedings Unobstructed Court
1 2 3 4 5 6 7
the proceedings Unobstructed Court
Total of each column under respective column.
Categories of Total Below Above three Above six Above nine Over nine
the proceedings three months and months and months and months and
months below six below nine below twelve one year
months months months
1 2 3 4 5 6 7
For Sessions Court
Categories of the Total Below three months Above three months

proceedings 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 antedatingit ?
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 sineDie 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 atrandom 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 subpara(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 Duration of Number of Number of Number of State of Remarks Important
the the the suits darkhasts Miscellane file about the points to be
inspected inspection examined examined ous work of the brought to
Court proceeding Judge of the the notice of
s examined Inspection the High
Court Court, if 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 subpara (1) as far as it is applicable.
732. The District Judge shall submit to the High Court annually a submission, on
or before 10th 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 Date of The date on which

Inspected Court designation of the commencement of conclusion of the Inspection Note
inspecting Officer Inspection Inspection was sent to the
Inspected Court
1 2 3 4 5
The date of Where compliance Report Names of Courts not Reasons preventing Remarks
receipt of is delayed for more than inspected during the the Inspection
compliance three months, Steps taken year, alongwith the added as per file
Report by the District Judge to date of last orders
obtain compliance inspection of 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 fullfledged 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 reinspect the Court to the extent to which
that is found necessary in the context of the complaint.
(iv) If the Court is reinspect, 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 reinspect 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 reinspect 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 staffmembers 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 staffmembers 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, reinspect 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 staffmembers
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 subordinate 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 Small Cause Training at JOTI Special Jurisdiction, if Special Remarks,

powers powers any if 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 noncompliances 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

proceedings Unobstructed Court
1 2 3 4 5 6 7
(ii) Criminal
Category Total Below Above three Below six Above six Above nine Over one
of the three months and months months and months and year
proceeding months below six below nine below
months months twelve
months
1 2 3 4 5 6 7 8
For Sessions Court
Category of the Total Below three months Above three months

Proceeding and below six months
1 2 3 4
(b) State of file as it is at the time of present inspection.
(i) Civil

proceedings Unobstructed Court
1 2 3 4 5 6 7
(ii) Criminal
Category Total Below Above three Below six Above six Above nine Over one
of the three months and months months and months and year
proceeding months below six below nine below
months months twelve
months
1 2 3 4 5 6 7 8
For Sessions Court
Category of the Total Below three months Above three months

Proceeding 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

(i) Personally to the Presiding Officer.
(ii) General.
B. Criminal

(ii) General.
12. Examination of Records
A. Civil
(a) (i) Casewise observations in brief (Prolonged casehistory to avoided).

(ii) Casewise 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) Casewise observations in brief.

(Prolonged casehistory to be avoided).
(ii) Casewise 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
ICivil
(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 AppealWrits.

(ii) General.
IICriminal
(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
ICivil
A. Particular Registers
(a) General observations Registerwise.

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

(i) Whether all registers prescribed under the Civil Manual are forthcoming ?
(ii) Are they properly bound and wellarranged ?
(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.
IICriminal
A. Particular Registers
(a) General observations registerwise.

(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 wellarranged ?
(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
ICivil
(a) Observations registerwise.

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

(ii) General.
IIIGeneral Accounts

(ii) General.
IVAccounts under the Workmen's Compensation Act

(ii) General.
17. Attached Property (Movable)
ICivil
(a) Whether all property is forthcoming 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.
IICriminalMuddemal Property
(a) Whether all property is forthcoming 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.
(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 registerwise.

(b) Directions, instructions and suggestions registerwise
(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 registerwise.

(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

(Registerwise).
(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.
(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.
(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 bookwise.

(c) Directions instructions and suggestions, if any
(ii) General.
C. Registers regarding Establishment :

(a) Particular observations registerwise
(b) General observations registerwise.
(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 notebook 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 notebook. He should also make a note in this notebook of any serious defects
noticed by him. This notebook 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 FeeBook (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 cashbook 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 reentering 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 Subpara (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 revenuestamped 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 AccountantGeneral, 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 AccountantGeneral, 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 entry Name of the Survey No. and Sub Area Assessment and
in the register of village division No. or house No. Judi.
attached property and or any other distinctive
property produced No. of the property.
1 2 3 4 5
A. g. Rs. P.
(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 courtfees 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 Cooperative Bank, certified by the Registrar of Cooperative 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 1100 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 days 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
PlusMinus Memo in the subjoined 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 Courthouse 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 31st 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 stampduly;
(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 cashbooks (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 cashbook (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 reentered in Register G, unless handed over at once to the party or
lawyer. (Circular No. 1177, dated 17th 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 passbook and
a chalan (Rule 20). The last working day of the month referred to in rule 20 is, in the case
of subtreasuries, 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 subtreasuries at the
place where the subcourts 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 finestatements 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 SubTreasury for safe custody during the night.
The Treasury Officers and SubTreasury 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 SubTreasury 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 reopening 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. 4566J, dated the 30th July 1966,
and the High Court Circular No. A (Cri.) 2243/59, dated the 1st 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 1st 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 31st 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 21A 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 subhead 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 3rd
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 subhead should correspond with the
figure in column 10.
II. The figures in column 10 against each subhead 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 subhead should be equal to the
figure in column 6 against that subhead.
III. The figure in column 3 against each subhead should correspond with the
figure in column 8 of Statement No. 3 against that subhead.
IV. The total of columns 7, 7A, 9, 11, 13, 15, 16, 18 and 20 against each subhead
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 subhead.
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

II. The total of columns 2 to 5 against each subhead should be equal to the
figure in column 6 against that subhead.
III. The total of columns 7, 7A, 9, 11, 13, 15, 16, 18 and 20 against each subhead
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 subhead.
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

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.

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 subhead should agree with the figure in
column 7 against that subhead.
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 subnumber 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 GovernorGeneral in Council (see Government Resolutions in the
Military Department, No. 1786, dated the 29th August 1891) ;
(i) An officer or soldier required to attend a Court in his official capacity

should appear in uniform, with sword or sidearms.
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 sidearms 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 CommanderinChief.
(iv) Firearms 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 onefourth 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 timebarred 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 NaibTahsildar (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) NaibTahsildars (exercising powers of Tahsildars)............... Upto Rs.

25,000.
(ii) Tahsildars.................................. Above Rs. 25,000, but not exceeding .....
Rs. 1,00,000.
(iii) SubDivisional 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 nonagricultural 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

Presentation, Examination and Registration etc. of Plaints

24. Interlineations, erasures or corrections in a plaint should be initialled by the party

(iv) Every document admitted in evidence and recorded should be mentioned in

(vii) The notice prescribed by rule 1 of Order XX where Judgment is reserved or

(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 ­

40. The instructions relating to the service of summonses on witnesses (paragraphs

FREE LEGAL AID

LAW AND JUDICIARY DEPARTMENT

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

Now, therefore, the said scheme as so approved, is hereby published for

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 High Court Judge to be nominated by the Chief Chairman.

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

(1) District Judge. Chairman.

Provided that, where in any district there is a large population of persons

(Provided further that, the Seniormost Assistant Government Pleader, and

1) The Advocate General of Maharashtra Chairman

1) The President, Industrial Court, Bombay Chairman

1) The President of the Motor Accidents Claims Tribunal, Bombay. Chairman

1) The Chief Metropolitan Magistrate, Esplanade Court, Bombay. Chairman

Provided that, one of the members of the Bombay Metropolitan Magistrates

(2) Whenever any person is nominated as a Member of the Committee by virtue

(4) Any vacancy in the office of a Member of a Committee shall be filled up as

(2) Without prejudice to the generality of the foregoing provisions, the

57. Functions of Chairman of Committee.­ (1) The Chairman of a Committee shall be

58. Functions of the Member­Secretary.­ (1) The Member­Secretary shall be the

(5) The Accounts of every Committee shall be audited annually by Accountant

LEGAL AID AND ADVICE

Provided also that, the Committee may grant legal aid,

(b) representation by a legal practitioner in legal proceedings ;

(d) preparation of Appeal Paper Book, including printing and translation of

(e) drafting of legal documents.

(1) proceedings wholly or partly in respect of ­

(2) the Committee shall maintain a register of applications wherein all

(4) Every person included in the Panel shall be required to communicate in

73. Information to be kept confidential. ­ Any information furnished or instructions

Provided that, no such Certificate of Eligibility shall be cancelled without giving

(See Clause 24)

Form of Application for legal Aid

(i) Present Address.

2. I am willing to furnish such further information as may be required for the

3. I am not in a position to pay Court costs and costs of miscellaneous

4. I pray that I may be granted Legal Aid/Advice.

For Office use only

(1) Nature of Advice ... ... ...

Visit to Jails and Homes for Children Project rules, 1993

And whereas, under Government Resolution, Law and Jusidicary Department,

Now, therefore, in pursuance of the provisions of Article 39A of the constitution

2. Definitions :­ In theses rules unless the context otherwise requires :­

ESTABLISHMENT OF JAIL VISITS PROJECTS

3. Formation of Jail Visits Projects :­ Every committee shall constitute a Jail

5. Qualifications for the Duty Counsels :­ The person to be appointed as Duty

6. Panel of Advocates :­ The Committee shall constitute a panel of Advocates for

30. It will be for the Judge to determine

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

57. Functions of Chairman of Committee. (1) The Chairman of a Committee shall be

58. Functions of the MemberSecretary. (1) The MemberSecretary shall be the

(1) proceedings wholly or partly in respect of

73. Information to be kept confidential. Any information furnished or instructions

2. Definitions : In theses rules unless the context otherwise requires :

3. Formation of Jail Visits Projects : Every committee shall constitute a Jail

5. Qualifications for the Duty Counsels : The person to be appointed as Duty

6. Panel of Advocates : The Committee shall constitute a panel of Advocates for

(3) Arrangements may be made to put the posters or wellhangings exhibiting

12. Ascertainment of grievances of convicted prisoners in respect of Legal Aid:

Explanation : (1) The documents at serial numbers 8 to 11 shall be signed by the

19. Guidelines for Enforcement of Justiciable Rights of the convicted Prisoners :

LEGAL ASSISTANCE TO THE UNDERTRIAL PRISONERS

Explanation : For the purpose of this Chapter “Undertrial Prisoners” includes

24. Responsibilities of Jail Authorities : In addition to the provisions of rule 23

25. Responsibilities of Police Authorities : The Director General of Police,

Explanation : If the procedure outlined above is pursued expeditiously it may be

31. Information to be incorporated in the Bail Application : While preparing the

38. Submission of report to the committee : The MemberSecretary shall prepare a

Explanation : In order to avoide infructuous actions it shall be the duty of the

43. Mode of payment of honorarium and travelling expenses : The honorarium

Provided further that, in complicated matters the MemberSecretary may process

1. Short Title and Commencement,. ( 1 ) These rules may be called the

2. Definitions In these rules, unless the context otherwise requires.

4. Powers And Functions of The MemberSecretary of The State Authority

(B) The District Brihan Mumbai Suburban Legal Services Authority

No. LAB. 1895/359 (642)XXII, DATED 30TH MARCH, 1998 – In exercise of

1. Short Title and Commencement (1) These regulations may be called

2. Definitions (1) In these regulations, unless the context otherwise requires :

9. Additional Functions of the District Authority In addition to the functions