# and see that no delay occurs in the dispatch of records to this Court

- **Citation:** C.L. No. 90
- **Court:** Allahabad High Court
- **Decided:** 2009-04-09
- **Case number:** C.L. No. 90
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/and-see-that-no-delay-occurs-in-the-dispatch-of-records-to-this-court-163773
- **Pages:** 2

## Text

439
C.L. No. 90 dated 17th August, 1972
The District Judges should keep an eye on the despatch of record in criminal cases
and see that no delay occurs in the dispatch of records to this Court.
C.L. No. 137/VIII g-34 dated 24th August, 1976

In future, if the records of cases are received in the subordinate courts without
copy of judgment or order of this Court and copy of the decree is not sent within a
reasonable time from the court, the matter should be brought to the notice of the Registrar
of the Court by name.
(vi)
From other High Courts
G.L. No. 18/161-27 dated 30th March, 1937

The provisions of Chapter VIII, rule 205 of the General Rules (Civil), 1957,
require that requisitions by civil courts for records of courts subordinate to other High
Courts should not be sent directly but should be forwarded through the High Court. It is
understood that similar restrictions are also imposed by rules or circular orders of other
High Courts. No record should, therefore, be sent by any court in compliance with a
requisition received directly from a civil court situate beyond the jurisdiction of the High
Court and such a requisition should be returned with the request that it should be sent
through the High Court.
G.L. No. 48/161-27(1) dated 3rd August, 1937

Requisitions for records from a civil court subordinate to another High Court,
should invariably be sent in English in Form no. 21, General Rules (Civil), 1957.
To ensure dispatch of Lower Court Record requisitioned by the Hon'ble Court
within a week.
C.L. No. 13/2009/Admin. ̳G-II': Dated: April 9, 2009

It has come to the notice of Hon'ble Court that delay is being caused in sending
the lower court record as requisitioned by the Hon'ble Court causing much inconvenience
to the Hon'ble Court.

I am, therefore, directed to request you that as and when any lower court record is
requisitioned, the same be kindly dispatched provided to the Hon'ble Court within a
week.

I am also to add that the contents of the circular letter be kindly brought to the
notice of all concerned in the Judgeship for strict compliance of the directions of the
Hon'ble Court.
(vii)
Procedure of dispatch of records
C.L. No. 27/46-54-252 dated 3rd September, 1940
(A)
Each record should be carefully packed in brown paper and labeled with the
description of the case.
440
(B)
Records of civil and criminal cases should not be sent together, that is to say, civil
records should not be included in the same parcel that contains criminal records,
and vice versa.
C.L. No. 107/VIII a-76 dated 28th September, 1978

It is the duty of the District Judge and the officers working under him, to see that
the rules and directions regarding dispatch of records are strictly followed by all
concerned and those found at fault are suitably dealt with.
(C) The records should always be accompanied by a list as required by rule 218(3) of
Chapter VIII of the General Rules (Civil), 1957.
C.L. No.. 66/X f-34 dated 16th October, 1950
C.L. No. 71/IX-f dated 17th October, 1950 and
C.L. No. 111 dated 16th December, 1957

When any records or material exhibits are sent by rail, the railway receipt should
invariably be sent to the consignee under registered cover followed by intimation of
dispatch of the railway receipt through ordinary post. Enquiry should be made from the
court to which the parcel has been sent if acknowledgement of its receipt is not received
within a fortnight of the date of dispatch.
(viii) Records sent out on requisition
In appeal or revision against interlocutory orders
C.L. No. 89/VIII-c-40 dated 12th October, 1959
Officers presiding over subordinate courts should make a note of all the records
sent out to the Court in connection with an appeal or revision against an interlocutory
order.

They should write to the Court whenever any such record is not returned within
four months of its receipt in the High Court.
In other cases
C.L. No. 24/VIII b-70 dated 27th February, 1952

Whenever the complete record of a case is transmitted to any court on requisition
or otherwise a fresh order sheet should be opened and the requisition slips, if any, should
be kept along with it. The requisitioning court should be periodically requested to return
the record, if no longer required. The issue of such reminders should be noted on the
order sheet.
C.L. No. 10/VIII-g-34 dated 18th January, 1952 read with
C.L. No. 22 dated 6th March, 1959

Presiding officers of subordinate courts should not keep quiet after having once
despatched the record to the Court. After ascertaining from their own office from the
office of the District Judge and from the record room whether or not the record has been
received back, they should keep on enquiring from the Court, say once in every six
months, when the record may be expected to be returned.