# makes over charge

- **Citation:** C.L. No. 69/X-a-14
- **Court:** Allahabad High Court
- **Decided:** 1953-07-13
- **Case number:** C.L. No. 69/X-a-14
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/makes-over-charge-163174
- **Pages:** 2

## Text

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24 of the Code of Civil Procedure before the outgoing officer actually
makes over charge.
2.
In case the outgoing officer is a Civil Judge-
(a)
If there is another Civil Judge, whether designated as second or Additional
Civil Judge, invested with Small Cause Court powers exercisable in that
area, all the pending Small Cause Court suits and proceedings can be tried
by him as Small Cause Court Judge;
(b)
If there is no Civil Judge invested with Small Cause Court powers, but
there is a Munsif or an Additional Munsif invested with or exercising
Small Cause Court powers in that area or part thereof, pending Small
Cause Court suits within the pecuniary and territorial jurisdiction of the
Munsif under the Small Cause Court Act can be taken cognizance of by
him under section 35 of the provincial Small Cause Court Act, without
any fresh order of transfer by the District Judge while the other suits
beyond his pecuniary and territorial jurisdiction can be tried as Small
Cause Court suits only if they are transferred under section 24 of the Code
of Civil Procedure prior to making over by the Civil Judge; or
(c)
If there is no officer invested with Small Cause Court powers, instruction
no. 1 (1) (d) will apply.
3.
When the successor of the officer is invested with similar Small Cause Court
powers and actually takes over charge from the outgoing officer, no orders of
transfer by the District Judge are necessary as the Court invested with Small
Cause Court powers continues to exist.
4.
When successor of the Munsif is invested with Small Cause Court powers in
respect of suits of a lower, valuation the pending Small Cause Court suits of
higher valuation can be tried by a Civil Judge or Additional Civil Judge invested
with and exercising such powers as Small Cause Court suits; but if there is no
such Civil Judge, suits of a higher valuation can be tried as Small Cause Court
suits only where orders of transfer are passed by the District Judge before the
outgoing officer hands over charge.
It shall be the duty of each Munsarim to bring this letter to the notice of the
District Judge and also the officer who is being transferred, if any, on every occasion
when a Small Cause Court is to cease to exist or when an officer receives an order of
transfer.
7.
 GENERAL DIRECTION FOR DISPOSAL OF CASES
C.L. No. 69/X-a-14 dated 13th July, 1953
Presiding officers should bear the following observations and instruction in mind
in their day-to-day work:
―The main essential of the proper working of a court is that the Presiding Officer
should be vigilant and should take an intelligent interest in the work all rounds.
He should know his duties and should possess necessary zeal to perform them.
No amount of improvement or change in the law or rules of procedure can bring
164
about expeditious and smooth disposal of work if the Presiding Officer cannot
maintain proper control over his diary, staff and proceedings in court. He should
understand a case thoroughly before he proceeds to try it so that he may be in a
position to appreciate evidence as it proceeds. Avoidable adjournments, recording
of evidence piecemeal, long dates for arguments or for delivery of judgment and
signing of order sheets as a matter of course, should be avoided as far as possible.
There should be strictness in granting adjournments and time for making up
deficiency in court fees, deposit of process-fees and taking of other steps. Greater
use should also be made by courts of the provisions of order X of the Code of
Civil Procedure‖.
Orders should be passed on miscellaneous applications in open court either on the
day on which they are filed or on the following day before taking up regular casework.
The court also expects Presiding Officers to pay greater attention to execution cases and
to devote adequate time for the same.
C.L. No. 61/VIII h-13 dated 29th May, 1972

In the interests of proper administration of justice it should be ensure that no
harassment is caused to the litigants on account of any mistake or error on the part of the
court staff or the process- servers. Notices should be issued in all cases and an attempt
should be made to affect service promptly. The cases should be undated only after the
issues have been framed. In cases where dates are fixed for appearance or for filing
written statement, personal interest should be taken. Proper use of rules 1 and 2 of order
X, C.P.C. should be made and pleadings must be cleared up at the first hearing. There
should be no frequent adjournments. In cases which are to be adjourned, orders should be
passed in the early part of the day. There should be effective control over process serving
staff. Dates should be given by the Presiding Officers themselves and be not left to the
readers. Provisions of rule 82 read with rule 401 of General Rules (Civil) should be
strictly followed and no case the readers should be allowed to handle files for fixing
dates.
C.L. No. 4 dated 3rd February, 1976

The court is trying to improve the service and living conditions of judicial officers
in many and far-reaching ways. At the same time it has become imperative that the
judicial officers should also galvanise themselves, adopt a more positive attitude to their
work and be efficient to acquire real grip and command over their work.

The nation honours judicial officers through the convention of calling them
learned-learned Munsif, learned Magistrate, learned Judge. The High Court now requires
each officer to justify the appellation and in fact be learned and capable. To this end, the
following suggestions are made for compliance:-
(1) Every officer must be punctual. He should be in his chair in the court room at
the stroke of 10.30 a.m. and 2 p.m. That will go a long way in sustaining the
good image of the judiciary among the litigants. It will induce lawyers also to
be punctual. Every officer is hereby directed to send his daily sitting register
to the District Judge so that as to reach him latest by 10.35 a.m. each day for
his information and initials, else he will be treated and marked absent for the