# guidance of and compliance by, the presiding officers

- **Citation:** C.L. No. 104/IVh-36
- **Court:** Allahabad High Court
- **Decided:** 2000-10-20
- **Case number:** C.L. No. 104/IVh-36
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/guidance-of-and-compliance-by-the-presiding-officers-163183
- **Pages:** 2

## Text

168
C.L. No. 104/IVh-36 dated 16th June, 1976

To ensure expeditious disposal of civil cases, following instructions are issued for
guidance of and compliance by, the presiding officers.
(1)
Parties shall have the responsibility of bringing any witness required to
give evidence or to produce documents.
(2)
(a)
Hearing of a suit should be continued from day to day until all the

witnesses in attendance have been examined. It should not be

adjourned unless necessary for exceptional reasons to be recorded.
(b)
The court may record statements of witnesses who are present,

even if the party or his pleader is not present.
(3)
Costs imposed in connection with adjournment should be deposited in the
court. It should, however, be paid after the disposal of the cases.
(4)
The judgment recorded by the Presiding Officers in civil cases should be
precise and not prolix. It should deal with essentials and be argumentative.
C.L. No. 8/IV-f-80 Admn. (A) dated 18th February, 1981
(1) The District Judge should keep a close watch on the Diaries of the Munsifs directing
them not to grant adjournments for more than a week after the case is ripe for
hearing.
The cases adjourned for one week should be carried over and fixed in the
next week, except, of course, in genuine cases in which a longer adjournment is
needed. While granting longer adjournments, the officer should record in brief the
reasons thereof.
(2) Too many cases should not be fixed in a day's cause list to avoid harassment to the
litigants coming from distant places. The Presiding Officers should adopt such
means as may lead to minimize the duration of disposal of cases.
(3) Special attention should be paid to the disposal of older cases.
 C.L. No. 185/VII f-50 dated 20th November, 1976

District Judges should impress upon all judicial officers, the necessity of deciding
cases in general and rent control matters in particular, involving the serving armed forces
personnel on priority basis. And, adjournments must not be granted indiscretely.
C.L. No. 157/VII -d-180 dated 21st December, 1971
Cases requiring early hearing may be disposed of expeditiously. Pauper
applications should ordinarily be decided within one year and miscellaneous matter like
tenants's applications for repairs etc; under U.P. Rent Control Act even in lesser time.
C.L. No. 96/IV h-36 dated 27th May, 1977
―Proceedings arising out of matters such as succession, guardianship, matrimony,
rent control, ceiling, payment of wages, Forest Act & Motor Vehicles Act, should
not be treated miscellaneous proceedings, but at par with regular suits or appeals,
as the case may be, and given priority.‖
169
C.L. No. 9/VII f-125 dated 16th January, 1986

The District Judges are required to see personally that the cases filed under the
U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, are dealt
with and disposed of as expeditiously as possible.
C.L. No. 83/VII f-99/ Admn. ̳G' dated 23rd July, 1979
Particular days or dates in a week or a fortnight depending upon the work load of
such cases should be earmarked by the Presiding Officers for disposing of Matrimonial,
Eviction, Accidents and Successions cases. It is left to the discretion of the Presiding
Officers to fix other nature of such cases fixed on a particular day or date may not be
sufficient to keep them busy for the whole day.
C.L. No. 84/Admn. (A) dated 23rd July, 1979

All cases under the Employees Provident fund Act, 1952 should as far as possible
be entrusted to one court in each district for disposal.
C.L. No. 69/IV h-36 dated 1st April, 1977

The Presiding Officers are required to pass orders on interlocutory applications
on the order sheet except in cases of appealable orders. Finding on issues or judgments
should be written separately.
C.L. No. 42/VIId-60 dated 5th July, 1984

Henceforth, the English Proceedings (Judges Notes) shall be maintained by the
Presiding Officers in their own handwriting as required by rule 85 of the General Rules
(Civil), 1957, Volume 1, and rule 19 of order XVIII C.P.C. as amended by Allahabad
High Court.
C.L. No. 68/VII C-227 dated 15th October, 1982

The District Judge should attempt to transfer all cases covered by order 32-A,
Rule 5, C.P.C. to one Additional District & Session Judge with the instructions to the
Presiding Officer concerned to deal with such cases with expedition and priority.

Half-yearly reports of the effect and consequence of implementation of this
scheme should be submitted to the Court
C.L. No. 48/VIID-94 Admn. ̳G' dated 9th August, 1984

All the Presiding Officers should strictly follow the provisions of Order XXXVII
C.P.C while dealing with the trial of specified classes of suits, to which they said
provisions apply. Care must also be taken to see that the object of the rule is not defeated
by imposition of harsh conditions.
Taking up immediate steps for early disposal of more than 7 years old cases pending
in the subordinate courts.
 C.L. No. 47/ 2000: Dated: October 20, 2000
In continuation of court's previous circular Letter No30 dated December 23, 1999
regarding expeditious disposal of old cases, I am further directed to say that Hon'ble the
chief Justice of India has expressed concern over the pendency position of cases in