# of such deposit to the court concerned is not delayed

- **Citation:** C.L. No. 6/xb-17
- **Court:** Allahabad High Court
- **Decided:** 1937-03-17
- **Case number:** C.L. No. 6/xb-17
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/of-such-deposit-to-the-court-concerned-is-not-delayed-162683
- **Pages:** 2

## Text

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Judge should arrange so that the dispatch of General Number in the case
of such deposit to the court concerned is not delayed.
The Presiding Officers should keep an adequate control over their staff so as to
ensure the early issue of repayment orders. Habitual delay in the issue of repayment
orders by the staff may be regarded as indicating a lack of administrative capacity in the
judicial officer concerned.
(b)
Register of applications for repayments
G.L. No. 16-44-7(1) dated 17th March, 1937
The register introduced under the general letter noted in the bloc and referred to
in rule 296, Chapter XI of General Rules (Civil), 1957, Volume I shall be maintained by
the Munsarim or clerk of the court in manuscript.
(c)
Office Report
G.L. No. 19/67 dated 1st May, 1929
The report of the clerk should not only be that money is due to the applicant and
in deposit, but further that the address given by the applicant to which he desires the
money to be sent is the registered address on the file.
(d)
Identification of payee
G.L. No. 3440 dated 30th October, 1907
The Munsarim or the court will, especially when the sum to be paid is of considerable
amount, consult the record, send for the pleader who represented the applicant in the
original litigation and ask him whether or not he can identify the applicant as his former
client. If he says he cannot, the payment order should not be made over until the
applicant has been identified to the satisfaction of the Presiding Officer.
(e)
Repayment orders not to be drawn in the name of court officials
G.L. No. 48/94-1(72) dated 5th November, 1938
When the charges of publication of notices, etc. in newspapers are remitted to the
treasury, the bills of publication charges should not be paid by issuing repayment orders
in the name of the Nazir who may cash the vouchers from the treasury and send the
money by money order to the managers of the newspapers concerned as it is contrary to
the provisions of paragraph 109 (XI) (b) of the Treasury Manual under which payment of
amounts from the treasury to officials for or on behalf of the original payees are strictly
forbidden.
(f)
Date of issue
G.L. No. 13/165-5(1) dated 23rd June, 1945
The Presiding Officers of courts when passing a repayment order should
invariably give the date below their signature to be treated as the date of issue for all
purposes.
(g)
Refund of lapse deposits
C.L. No. 6/xb-17 dated 10th February, 1981
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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.