# concerned and those found at fault are suitably dealt with

- **Citation:** C.L. No. 107/VIII
- **Court:** Allahabad High Court
- **Decided:** 1978-09-28
- **Case number:** C.L. No. 107/VIII
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/concerned-and-those-found-at-fault-are-suitably-dealt-with-163778
- **Pages:** 2

## Text

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.
441

The District Judges should also see that when a record is received back in their
office, necessary information of its receipt is promptly sent to the court concerned.
C.L. No. 131/VIII-b-70 dated 16th December, 1952

Quarterly list of requisitioned records should contain particulars of all records
which have been requisitioned by various courts and which have not yet been received
back in the record room.

When such quarterly list is received back in the record room from the court to
which it was sent, it is very necessary that the record keeper should check up the
correctness of the report made by the court concerned in respect of each and every case
entered in the list. In case any report is found to be incorrect, it should immediately be
brought to the notice of the sadar munsarim, who should take such steps as may be
considered necessary.
8.
RETURN OF RECORDS
C.L. No. 21/VIII g-34 dated 2nd February , 1977

In future, proper entries in the relevant column of the register of requisitions
(Form No. 24) should be made immediately after the records have been received from
the High Court or any other superior court after disposal of the case.
C.L. No. 12 dated 16th December, 1902

The attention of all District Judges and Magistrates is invited to the necessity of
dealing with greater promptitude with requisitions demanding the return of records.

Where an order has been issued by the High Court directing the performance of a
specific act, if the direction cannot be immediately complied with the reason for noncompliance should be promptly intimated.
Return of record of execution proceedings
G.L. No. 2714/44-21(b) dated 5th July, 1915

Rule 151(7), Chapter V of the General Rules (Civil), 1957, requires that when a
decree has been sent for execution under section 39 of the Code of Civil Procedure, the
court to which such decree is sent shall, when it certifies to the court which sent the
decree the fact of the execution of, or the circumstances attending a failure to execution
of decree, transmit to the court which sent the decree the record of the execution
proceedings. This procedure should only be followed in the case of courts subordinate to
this High Court.

In the case of decrees transferred for execution from courts in other States, the
records of the execution proceedings should be retained and filed in the court concerned
in this State, the result of the proceedings merely being certified to the other court as
required by section 41.
G.L. No. 30-67-8 dated 22nd August, 1931

When a court orders that certain documents should not be returned without special
permission they should either be kept with the record or preferably in safe custody
elsewhere after a note has been made on the general index to that effect. The court should