# office, necessary information of its receipt is promptly sent to the court concerned

- **Citation:** C.L. No. 131/VIII-b-70
- **Court:** Allahabad High Court
- **Decided:** 1952-12-16
- **Case number:** C.L. No. 131/VIII-b-70
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/office-necessary-information-of-its-receipt-is-promptly-sent-to-the-court-163783
- **Pages:** 2

## Text

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The District Judges should also see that when a record is received back in their
office, necessary information of its receipt is promptly sent to the court concerned.
C.L. No. 131/VIII-b-70 dated 16th December, 1952

Quarterly list of requisitioned records should contain particulars of all records
which have been requisitioned by various courts and which have not yet been received
back in the record room.

When such quarterly list is received back in the record room from the court to
which it was sent, it is very necessary that the record keeper should check up the
correctness of the report made by the court concerned in respect of each and every case
entered in the list. In case any report is found to be incorrect, it should immediately be
brought to the notice of the sadar munsarim, who should take such steps as may be
considered necessary.
8.
RETURN OF RECORDS
C.L. No. 21/VIII g-34 dated 2nd February , 1977

In future, proper entries in the relevant column of the register of requisitions
(Form No. 24) should be made immediately after the records have been received from
the High Court or any other superior court after disposal of the case.
C.L. No. 12 dated 16th December, 1902

The attention of all District Judges and Magistrates is invited to the necessity of
dealing with greater promptitude with requisitions demanding the return of records.

Where an order has been issued by the High Court directing the performance of a
specific act, if the direction cannot be immediately complied with the reason for noncompliance should be promptly intimated.
Return of record of execution proceedings
G.L. No. 2714/44-21(b) dated 5th July, 1915

Rule 151(7), Chapter V of the General Rules (Civil), 1957, requires that when a
decree has been sent for execution under section 39 of the Code of Civil Procedure, the
court to which such decree is sent shall, when it certifies to the court which sent the
decree the fact of the execution of, or the circumstances attending a failure to execution
of decree, transmit to the court which sent the decree the record of the execution
proceedings. This procedure should only be followed in the case of courts subordinate to
this High Court.

In the case of decrees transferred for execution from courts in other States, the
records of the execution proceedings should be retained and filed in the court concerned
in this State, the result of the proceedings merely being certified to the other court as
required by section 41.
G.L. No. 30-67-8 dated 22nd August, 1931

When a court orders that certain documents should not be returned without special
permission they should either be kept with the record or preferably in safe custody
elsewhere after a note has been made on the general index to that effect. The court should
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also inform the officer-in-charge of the record room who shall maintain a list of such
documents and put it up before the court whenever any application for the return of such
document is made.
C.L. No. 100-B dated 12th September, 1952

Records of cases of the courts of Additional Munsifs in which proceedings have
been stayed under the orders of the higher courts and which are not likely to be proceeded
till the stay order is discharged should be sent back to the permanent court from which
the case was transferred.
C.L. No. 44/VIII-h-17 dated 4th May, 1956

The records requisitioned from the Nyaya Panchayats shall be returned by the
High Court direct to the Nyaya Panchayats concerned and not through the District
Panchayat Officers.
C.L. No. 17/VII f-III dated 12th March, 1964

A copy of the judgment in a revision against the judgment or order of a Nyaya
Panchayat should invariably be sent to the Nyaya Panchayat concerned along with the
record of the case and that all correspondence with the Nyaya Panchayats should be made
in Hindi.
C. L. No. 19 /2007: Admin 'G' Dated 11 May, 2007.
The Hon'ble Supreme Court of India, New Delhi in order to streamline the
procedure and for ensuring safe return of the Original Records has been pleased to direct
Vide C.L. No. F.l/Judi./OR/2007, dated Feb. 2, 2007 as under:-
(A)
After disposal of the case, the concerned Judicial Section, while sending certified

copy of the Order/Decree to the concerned Court or Authority, will also request

them to depute a Special Messenger to take back the Original Record. A copy of

the letter will be endorsed to Section V/II or II-A, as the case may be, for

necessary action.
(B)
Section-V/II or II-A will ensure that all the Original Records are returned

promptly to the concerned High Court/ Tribunal/ Lower Court/ Authority through

the Special Messenger so deputed for the purpose after verifying his identity and

noting down particulars of the record In the forwarding letter and getting It signed

from the Messenger .
In partial modification of above, the Hon'ble Supreme Court of India, New Delhi
vide Hon'ble Supreme Court of India, New Delhi vide Circular Letter No. F
.2/Judl./OR/2007, dated 21st Feb., 2007 has been pleased to direct as under:-
―.....After disposal of the case, the Original Record pertaining to High
Courts in the far off places i.e. Kerala, Madras, Karnataka, Andhra
Pradesh, Guwahati, Orissa, Bombay, Calcutta Patna, Jammu and
Kashmir, Gujarat, Jharkhand and Sikkim be sent by Registered
Post/Insured parcel. However, the Assistant Registrar In-charge of the
Section responsible for sending back the record, shall cause to verify that
the Original Records are as per the index and that the Records are