# (b) Utilization of court staff in absence of presiding officer

- **Citation:** C.L. No. 1/Ve-55
- **Court:** Allahabad High Court
- **Decided:** 1914-03-06
- **Case number:** C.L. No. 1/Ve-55
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/b-utilization-of-court-staff-in-absence-of-presiding-officer-162391
- **Pages:** 2

## Text

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(b) Utilization of court staff in absence of presiding officer
G.L. No. 973/67-3 dated 6th March, 1914
When owing to the temporary transfer of or the grant of short leave to the presiding
officer of the court the ministerial staff is left without work, it should, in the absence of
any orders from the High Court, be utilized in clearing off arrears, if any, in the court left
vacant or in other courts in the judgeship. At the end of the period a report should be
submitted to the High Court indicating how the staff was employed.
(c) Checking of Amin‟s proceedings register by Munsarim
G.L. No.1500/67-3 dated 7th March, 1927
The Munsarim when checking the proceedings of an Amin should enter in the
column of remarks his initials together with the date on which such check was made.
(d) Standard of work for Assistant Record Keeper
G.L. No. 66/A-20 dated 3rd December, 1935
Under paragraph 117, page 77 of the Dupernex Scheme the standard fixed for one
Assistant Record Keeper is 3,000 records a year. In the case of small cause court records,
however, an Assistant Record Keeper is expected to deal with 9,000 records a year.
(e) Maintenance of Karguzari Register of Deputy and Assistant Record Keeper
C.L. No. 1/Ve-55 dated 7th January, 1955
Each Deputy and Assistant Record Keeper shall maintain a diary of daily work in a
form prescribed by the District Judge and enter therein, besides the daily work done by
him, all such other informations as may be directed by the District Judge.
The District Judge, if he considers it more convenient to prescribe a form other than
the specimen forms forwarded with the Circular Letter noted in the margin, shall
communicate the form so prescribed by him to the Court.
(f) Supervision over process-servers
G.L. No. 2702/A-l dated 3rd July, 1915
The main work of peons allotted to serve processes is the service of processes.
When necessary they may also be employed to-
(1) attend on arbitrators; or
(2) to keep custody of a judgment-debtor; or
(3) to bring records, forms or stationery from an outlying court or vice-versa;
or
(4) to take back forms and stationery from the district court to the outlying
courts.
They should not be employed to performa duties which are ordinarily performed by
orderlies, office peons and bastabardars.
236
(g) Norm of work of process-servers
C.L. No. 54 dated 15th May, 1968
The norm of work fixed by the Court is 700 processes per process-server per year.
C.L. No. 105/VIIIc-1/12 dated 7th December, 1968
With regard to change of beats of process-servers, the provisions contained in rule
130 of the General Rules (Civil), 1957, Vol. I should be followed.
C.L. No. 95/VIc-4 dated 20th September, 1951
The rules in Order V of the Code of Civil Procedure primarily aim at personal
service on the party to be served or his duly authorised agent, and service by affixation is
to be resorted to only when personal service is not practicable even after the exercise of
due and reasonable diligence as provided in rule 17 of that Order. Prompt and personal
service should therefore, be the first concern of the serving officer. Yet, for various
reasons, the service of processes can hardly be said to be satisfactory. At present some
courts interpret the term 'personal service' to include 'refusal to take summons' refusal to
sign an acknowledgement of service on the original summons after receiving the copy,
„running away to avoid service followed by affixation' or not coming out of the house
followed by affixation. The Court is of the view that such service should not be taken as
„personal service'.
Sustained effort vigilance and strictness on the part of the officer-in-charge of the
Nazarat should eliminate all slackness on the part of the process-servers. Personal service
in 75 per cent of cases should be regarded as reasonable standard and process-servers
showing a percentage of personal service below this standard should be suitably dealt
with. If in spite of a warning they do not improve they should be suitably punished.
To ensure efficiency and a proper control over the staff, the Nazir should be
required to submit to the District Judge for perusal and necessary orders, through the
officer in-charge, a monthly statement containing the following particulars namely:
(1) Name of process-server.
(2) Percentage of processes in which personal service effected as indicated in
this letter.
(3)
Percentage of processes in which extension of time was applied for and
granted.
(4) A brief note of the action taken by the officers in-charge against each
process-server found to be at fault.
(5) Number of processes not returned to the issuing court within three days
in the case of local courts, and seven days in the case of out-station
courts of the date fixed for hearing and a brief note explaining the delay
in each case.
(6) A brief note of the action taken by the officer-in-charge with respect to
such delays