# Heavy Cost to be imposed in Cases where unnecessarily enlarged affidavits are filed

- **Citation:** C. L. No-37/2007
- **Court:** Allahabad High Court
- **Decided:** 1977-08-05
- **Case number:** C. L. No-37/2007
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/heavy-cost-to-be-imposed-in-cases-where-unnecessarily-enlarged-affidavits-are-163224
- **Pages:** 1

## Text

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Heavy Cost to be imposed in Cases where unnecessarily enlarged affidavits are filed
C. L. No-37/2007: Admin 'G' Dated: 29 August, 2007.
On the above subject, I am directed to say that in the Chief Justices Conference2007 upon consideration of matter the practice of the entire pleadings of the parties being
reproduced in the affidavits of the witnesses instead of coffining them to the facts
required to be proved by the witnesses has been deprecated. The Hon'ble Court has been
pleased to direct that the courts should carefully scrutinize the affidavit before serving
copy on the opposite parties and wherever it is found that the scope of the affidavits have
been unnecessarily enlarged, such affidavits should be rejected with heavy cost.
I am, therefore to request you to kindly bring the contents of the Circular Letter to
the notice of all the Judicial Officers working under your supervisory control for strict
compliance of the directions of the Hon'ble Court.
14.
APPEALS
(i)
Admission
C.L. No. 66/Xg-1, dated 13th November, 1955
Munsif's appeals should not be admitted as a matter of course without
scrutinizing the judgments under appeal and considering whether they can be disposed of
summarily. A greater use of the provision of Order XLI rule 11 of the Code of Civil
Procedure in the disposal of Civil Appeals should be made.
(ii)
Appellate officers for debt relief cases
C.L. No. 145/IVg-102/Admn.(A) dated 14th September, 1977
It encloses Government Notification No. 18-1(4)/77 - (ii). dated August 5, 1977,
which appoints following officers as appellate officers for the whole of the district in
which they are for the time being posted, to hear the appeals u/s 8 and 23 of U.P. Debt
Relief Act, 1977:-
1.
In districts of Almora, Banda, Fatehpur, Hamirpur, Lalitpur, Pauri,
Pratapgarh and Tehari, the District Judges;
2.
In districts of Agra, Aligarh, Allahabad, Bareilly, Gorakhpur, Kanpur,
Lucknow, Moradabad, Meerut and Varanasi, the Judges of the Small
Cause Court; and
3.
In other districts the Civil Judge (at the headquarters) exercising powers of
the court of small causes.
(iii)
Remand
C.L. No. 63 dated 31st August, 1965
Officers hearing civil appeals should avoid remanding of cases with a view to
show larger disposal and should follow strictly the procedure laid down in rules 24, 25
and 27 of Order XLI of the Code of Civil Procedure.
C.L. No. 13/VIId-103 dated 22nd January, 1971
Serious view will be taken if the aforesaid instructions are not complied with
strictly.