# 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-163227
- **Pages:** 2

## Text

180
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.
181
C.L. No. 31/VIId-103 dated 25th February, 1974
Appellate courts should avoid remanding of cases to the trial courts and try to
dispose of the appeals finally on merits. In this connection, attention is drawn to the
following observations of the Supreme Court in two cases:-
1.
A first appeal is a re-hearing and if the parties have led all the evidence
that they desire, it is the duty of the first appellate court to give its own
conclusions upon the evidence before it. If a trial court does not decide
according to the evidence led upon those pleadings it is for the appellate
court to reverse the finding and give its own findings; again, if an issue
has been decided by the trial court in a very perfunctory manner, it is for
the first appellate court to give its decision.
2.
But power to order re-trial after remand where there has already been a
trial on evidence before the court of first instance connot be exercised
merely because the appellate court is of the view that the parties, who
could lead better evidence in the court of first instance, have failed to do
so. A trial de-novo, after setting aside a final order passed by a court of
first instance, may, therefore, be made in exceptional circumstances,
where there has been no real trial of the proceeding, or where allowing the
order to stand would result in abuse of the process of the court.
Compliance of provisions mentioned under O. XLI Rule 9 of CPC
C. L. No.63/2007Admin(G): Dated: 13.12.2007

The new Rule 9 of Chapter XLI of C.P.C. Provides that the Court from whose
decree an appeal lies, shall entertain the memorandum of appeal and shall endorse thereon
the date of presentation and shall register the appeal in a book of appeal for that purpose
.It has been noticed that compliance of the above provision is not made by the subordinate
Courts and the same has been taken a serious note of. Therefore, it has been desired by the
Hon'ble Court that provisions of the said Rule 9 of Chapter XLI be strictly complied with
by all the subordinate Courts.

Therefore, I am directed to request you to kindly impress upon all the judicial
officers posted under your administrative control to adhere to the mandates given in order
XVI Rule 9 of C.P.C. without fail.
(iv)
Ceiling appeals
 C.L. No. 17/VII f-209 dated 16th February, 1979
For the sake of uniformity in the matter in all the judgeships where the District
Judges are appointed as appellate authority under section 33 of the Urban Land (Ceiling
and Regulation) Act, 1976 (Act no. 33 of 1976) the following instructions should be
followed:-
1.
The appeals under section 33 of the Urban Land (Ceiling & regulation)
Act, 1976 should be treated as Miscellaneous appeals and entered in
Register in Form no. 81 of the General Rules (Civil), 1957, Volume II.
2.
Quota for appeals under the Urban Land (Ceiling & Regulation) Act, 1976
(Act no. 33 of 1976) is hereby fixed at four appeals per day.