# Henceforth, strict compliance of the new provisions of sub para (2) of paragraph

- **Citation:** C.L. No. 67/VIII-b-105
- **Court:** Allahabad High Court
- **Decided:** 1915-05-15
- **Case number:** C.L. No. 67/VIII-b-105
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/henceforth-strict-compliance-of-the-new-provisions-of-sub-para-2-of-paragraph-162686
- **Pages:** 1

## Text

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Henceforth, strict compliance of the new provisions of sub para (2) of paragraph
352 of the Financial Hand Book, Volume V, Part I, should be made by all concerned
with regard to the refund of lapse deposits to the rightful claimants and no unnecessary
delay or harassment is caused to them in this behalf.
(h)
Prevention of double or excess repayments
G.L. No. 1951-19-C-1(b) dated 15th May, 1915
The following suggestions regarding the maintenance of From No. 43 Register of Petty
Receipts and Repayments may be of use to District Judges in the event of any difficulty
being experienced by them in the matter of excess repayments:

Columns 1 to 8 relate to receipts and columns 11 to 17 relate to repayments while
column 9 and 10 serve as an index of repayments and a check to double repayments.
Munsarims in checking the items on the receipt side with the tenders should write their
initials below the total and at the time of checking repayment items on the register should
sign column 10 against the corresponding items on the receipt side, and should see
carefully that each item, shown on the repayment side, has been properly written off on
the receipt side and that the amount repaid does not exceed the actual credit or the
available balance. If these instructions are carefully observed excess payments will not
occur in future.

Double payments are of frequent occurrence in judgeships and cause great
confusion. The failure of the Munsarims to check column 9 is partly due to the mistake
committed by Munsarims in signing column 10 at the time of checking the entries on the
receipt side with the tenders. Munsarims at the time of making this check should initial
the daily total in column 8. They should not sign column 10 till the repayment of the
receipt item has been entered by the Nazir in column 9. Munsarims shall sign column 10
to show that they have checked the accuracy of column 9.
G.L. No. 1750 dated 24th March, 1926
The Nazir or officer who is responsible for the issue of processes to processservers, shall acknowledge receipt of all sums refunded by them by making entry in the
process-servers' diary, when the money is refunded.
C.L. No. I/VII-126 dated 5th January, 1961
Apart from the process-servers' diary an entry relating to undisbursed money
received from any process-server shall also be made by the Central Nazir or any of his
assistants in the register in Form no. 43 or on the process itself by way of
acknowledgement of the receipt.
C.L. No. 67/VIII-b-105 dated 15th June, 1970 read with
C.L. No. 73/VIII-b-105 dated 21st July, 1972 and
C.L. No. II/VIII-b-105 dated 20th January, 1976
Provisions of rule 329 of General Rules (Civil) and the directions contained in the
Circular Letter referred to above should be strictly followed by all the officials concerned
and every breach of the instructions should be brought to the notice of the Court and be
severely dealt with.