# ISSUES FINALLY DISPOSED OF AFTER HEARING BOTH THE PARTIES IN

- **Citation:** C.L. No. 24 / Admn
- **Court:** Allahabad High Court
- **Decided:** 2006-07-12
- **Case number:** C.L. No. 24 / Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/issues-finally-disposed-of-after-hearing-both-the-parties-in-162128
- **Pages:** 2

## Text

114
other day of the week. Insolvency cases may be fixed
on Fridays.

CONTESTED
INTERLOCUTORY
APPLICATION
AND
PRELIMINARY
ISSUES FINALLY DISPOSED OF AFTER HEARING BOTH THE PARTIES IN
PENDING SUITS:
1.
Temporary injunction applications, applications for
appointment of receiver, application for permission to
sue as Indigent person, application for substitution of
legal representatives of deceased person, Plaint rejected
under Order VII rule 11 of CPC (on application of
defendant) and applications for amendment of
pleadings under Order VI Rule XVII CPC
10 contested applications
per day
decided after
hearing both the parties
(may be in same or in
different suits)
2.
Preliminary Issues. preliminary issues decided after
hearing both parties (in different suits and not in same
suit)
Every 5 contested
QUANTUM OF WORK FOR JUDICIAL OFFICERS
G.L. No. 25/IV-h-14/06 Dated :Allahabad: July 12 , 2006
By way of orientation to Court's General Letter Nos.1/IV-h- 14/90, dated
08.11.1990 and 28/IV-h-14/96, dated. 01.06.1996, on the above subject, I am directed to
say that upon consideration of the recommendations of the U.P. State Legal Services
Authority,
Lucknow,
the
Court
has
been
pleased
to
make
following
amendment(s)/modification(s) In Schedule "E" of G.L. dated 08.11.1990 and Schedule
"B" of G.L. dated 01.06.1996, respectively, with effect from 01.06.2006:
(1) Schedule "E" of G.L. dated 08.11.1990
Para (4) of the Schedule "E" be now read as under:
"Credit will be given to the Member/Secretary of the District Legal
Services Authority In their quota to the tune of 25%. He shall, however,
make a reference in the quarterly statement of out-turn duly verified by the
District Judge."
(2) Schedule "B" of G.L. dated 01.06.1996
3rd note,as below, be added to the "NOTE" appended to Schedule "B" under head
(A) Regular suits of Court's G.L. dated 1.6.1996 :
"For disposal of cases under section 89 of the Code of Civil Procedure officer may claim
out-turn of work equal to one fourth (1/4) of the prescribed standard for the case
concerned, If the case would have been decided on merit."
C.L. No.C-10/IVh-14/92, dated 27th January, 1992
Quantum of work for Judicial Officers
I am directed to refer to the Court‟s General Letter No. 1/IVh- 14/90, dated
November 8, 1990, on the above subject and to say that inspite of the directions to the
115
effect that the submission of correct quarterly statements of out-turn is the personal
responsibility of the Judicial Officers and they must take special care to check the
statement before submission, so that there may not be occasion for making a
representation in that regard afterwards, it has come in the notice of the Court that the
Judicial Officers are showing inflated out-turn in their return which is highly
objectionable.
I am, therefore, to request you kindly to check this practice also at your level and
inform all the Judicial Officers working under your supervision that before submitting
their quarterly statement of out-turn, a certificate to the effect be ap-pended by them with
the return that "I HAVE CHECKED THE RETURN PERSONALLY AND IS
CORRECT" which shall be countersigned by the District Judge concerned.
Kindly ensure strict compliance as directed.
C.L. No. 24 / Admn. (A)/J.R. (I) dated 1st September 2004
Quota for the work to be done by the Special Judicial Magistrate/Special Metropolition
Magistrate.
I am directed to say that after careful examination of the nature of work required
to be done by the special Judicial Magistrate/Special Metropolitan Magistrate and to
encourage them to do work efficiently it was felt desirable to fix quota for Spl. J.M./Spl.
M.M.
The Hon‟ble court after considering the aforesaid proposals, has been pleased to
fix half of the quota for the Spl. J.M./Spl.M.M. Which is normally prescribed for a
Judicial Magistrate.
I am, therefore, to request you to kindly bring the contents of the letter to the
notice of Spl.J.M./ Spl.M.M. working under your administrative control and to kindly
ensure compliance of the directions of the Hon‟ble Court.
(ii)
MEANING OF FULL TRIAL
C.L. No. 41/IVh-14 dated 16th May, 1949
The term "decided after full trial" means what it says, that the suit has been finally
decided after real contest between the parties. Where the plaint is returned for
presentation before a competent court or the suit is dismissed on the question of
jurisdiction alone or the plaintiff is allowed to withdraw his suit with liberty to institute a
fresh one, the suit is not and cannot be said to have been finally decided between the
parties. They will have, for the adjudication of their rights, to move the same or another
court again.
The words „after full trial‟ mean and should be taken to signify disposal after real
and not supposed contest on material points at issue between the parties. Thus if the
parties are at issue on certain points of importance, evidence oral or documentary
necessary for the decision of the matters at issue has been adduced and considered and
the judge hearing the case has had to exercise his judicial mind in deciding them, the case
will be said to have been disposed of after full trial. If any of these ingredients is absent,
the case should not be classed as decided after full trial.