# directions and ensure compliance of the same by all concerned

- **Citation:** C.L.No. 7/IXF-69/Admn.(G)
- **Court:** Allahabad High Court
- **Decided:** 1978-04-04
- **Case number:** C.L.No. 7/IXF-69/Admn.(G)
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/directions-and-ensure-compliance-of-the-same-by-all-concerned-163064
- **Pages:** 2

## Text

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try the cases of said value either at the Headquarters or at outlying Courts as the case
may be.
I am, therefore, to request you kindly to proceed in accordance with the above
directions and ensure compliance of the same by all concerned.
(ii)
Implementation of directions of Hon'ble Supreme Court dated 11.10.1991 in
Civil Appeal No.2058-59 of 1988 M/s Oil and Natural Gas Commission and
another v. Collector of Central Excise.
C.L.No. 7/IXF-69/Admn.(G). dated 9 January,1992.
I am directed to enclose herewith a copy of order dated 11.10.1991 of the
Hon'ble Supreme Court in the above noted matter, for information and necessary
compliance by the concerned.
2.
PLEADINGS
(i)
Receipts
C.L. No. 35/VIIIb-6 dated 4th April, 1978
All the presiding officers are directed to ensure that receipts for cases of suits filed
by the petitioners in civil courts are granted as required by rule 34 of the General Rules
(Civil), 1957.
The provisions of this rule should be complied with strictly.
(ii)
Amendment
C.L. No. 6/VII-d-148 dated 11th January, 1952
Under rule 18 of order VI of the Code of Civil Procedure 1908, parties are
themselves responsible for making the necessary amendments in the pleadings within the
time allowed by the court. It is no part of the duty of the office of the court to make the
necessary amendments in the pleadings. The parties should themselves make the
amendments in terms of the court's order or get them made by their counsel, under their
signature. After the amendments have been made they should be checked by the official
concerned who should thereafter record a note on the pleading including the name of the
person by whom the amendments were made and the fact that they were made under the
orders of the court, giving a reference to the application on which such orders were
passed and the date of such orders.
(iii)
Plaints rejected or returned after admission
C.L. No. 831/441-2(2) dated 25th March, 1918
In case of plaints, which have been rejected or returned after admission a note,
should be made in the register (Form no. 3) in the column of remarks (No.26). The
entries in Form no. 3 would be entered up to the stage when the plaint is rejected or
returned. As such a case would not count, as a civil suit for statistical purposes an entry
will have to be made in Form no. 74. The record should never go to the miscellaneous
Muharrir, nor should any entry relating to it appear in Form No. 70. Form No. 70 should

 For perusal of Judgement See 1992 Supp(2) SCC 432
125
not contain an entry of any case, which arises out of or flows from a plaint that has been
admitted (See note given at foot of Form no. 70)
(iv)
Minor defendants
C.L. No. 2885/44-2(12) dated 17th May,1921
A plaint in a suit where a minor is impleaded, as a defendant shall at once be
registered as a suit in Form no. 3 if it is found to be in order. After the plaint has been so
registered steps should at once be taken for the appointment of a guardian ad litem of the
minor defendant, but the proceedings taken for this purpose need not delay the issue of
summonses to adult defendants requiring them to file their written statements. It is to be
understood, however, that the suit cannot proceed to trial until the guardian ad litem has
been duly appointed and has filed a written statement on behalf of the minor.
Proceedings for the appointment of a guardian ad litem should be treated as
proceedings in the suit and not as separate miscellaneous judicial proceedings.
G.L. No. 12 Dated 22nd June,1909
The general procedure which should ordinarily be adopted under the Code of
Civil Procedure, 1908, in respect of the appointment of guardians in suits against minor
defendants is as follows:
Under order XXXII, rule 3 an order for the appointment of a guardian may be
made on an application either-
(a)
by the plaintiff, or
(b)
on behalf of the minor.
The plaint, therefore, should ordinarily be accompanied by an application
supported by an affidavit. This application should set forth the name (1) of the guardian
appointed or declared by competent authority, if any, (2) if there is no such guardian, of
the natural guardian, (3) if there is neither a guardian appointed or declared by
competent authority, nor natural guardian, of the person in whose custody the minor is,
and (4) of the person proposed to be appointed guardian, if the application and affidavit
as described above be filed, the court will then proceed under rule 3(4) to issue notice
in form 11 (H) to the minor and the person referred to in (1) or (2) or (3) above. This
notice in its present form may be regarded as precluding the appointment as guardian of
the person notified, unless he makes an application to that effect. This appears likely to
lead to inconvenience. It would, therefore, be well to substitute for the words ―proceed
to appoint some other person, etc‖ the words ―proceed to appoint you...... or some
other person, etc‖
If an application is filed on behalf of the minor before the issue of notice in Form
11(H), the issue of such notice to the guardian may or may not be necessary. In the latter
case, and when such notice has been issued whether an application has been filed on
behalf of the minor in response there to or not, the court shall at once proceed to appoint
a guardian. The guardian appointed or declared by competent authority shall be
appointed, if there is one, unless there be reasons to the contrary which the court must
record.