# provisions as contained in the aforesaid rules of General Rules (Civil) 1957, & General

- **Citation:** C.L.No.62/Xc-3
- **Court:** Allahabad High Court
- **Decided:** 1917-08-31
- **Case number:** C.L.No.62/Xc-3
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/provisions-as-contained-in-the-aforesaid-rules-of-general-rules-civil-1957-163802
- **Pages:** 2

## Text

446

I am, therefore, directed to request you kindly to ensure strict compliance of the
provisions as contained in the aforesaid rules of General Rules (Civil) 1957, & General
Rules (Criminal) 1977 and also bring the contents of this circular letter to the notice of all
concerned working under your administrative control.
10.
HISTORIC OR ANTIQUE RECORD

G.L. No 2970/180-2(1), dated 31st August, 1917
Rule 4 and 6 of Order XIII of the Code of Civil Procedure, 1908, require certain
particulars to be endorsed by the court on documents, produced as evidence in a suit.
Occasionally, though rarely, documents are produced which are of great historic or
antiquarian value, such as old sanads or grants, and it is obvious that such documents
may be seriously injured by the usual endorsement.

The court before which it is produced should make every possible endeavour to
prevent its being defaced by endorsement and exhibit marks or by having the seal of the
court impressed upon it. Some means of avoiding such disfigurement will probably
suggest itself to the presiding judge. The parties will probably agree to a photographic
copy being substituted for the original, or the document may be enclosed in a sealed
cover, or kept in a locked and sealed box, the necessary particulars being endorsed on the
outside. If other means fail, careful measures should be taken for the safe custody of the
document pending instructions from higher authority.
C.L.No.62/Xc-3 dated 14th September, 1949
It sometimes happens that in the course of a judicial proceeding a record of
historical interest and importance is filed in evidence. When this happens the keeper of
records at the headquarters of the Director of Education, Allahabad, should be informed
of it without delay so that he may take a photograph thereof if he so wishes.
(i)
Case properties of historical and scientific importance may be sent to the
Police Science Museum, Hyderabad
C.L. No. 10/VIIIa-88/A-3: Dated 26th February, 1998
I am directed to say that for imparting basic and in-service training to the I.P.S.
Probationers, Senior Police officers from different States, Central Police Organizations
and Officers from other countries, Govt. of India have set up Police Science Museum in
Sardar Ballabh Bhai Patel National Police Academy, Hyderabad. The said Museum is
desired to be equipped with the objects of historical and scientific importance. All
criminal courts after the conclusion of trial may make an order for the disposal of
property having historical and scientific importance, by way of sending them to Police
Science Museum for the purpose of preservation.

I am further directed to say that while delivering the judgment of acquittal or
conviction, the courts shall also make it clear that disposal of the material exhibits shall
not be made in any manner till to the expiry of the period of appeal. If appeal is filed the
disposal of such material exhibits shall depend upon the directions of the appellate court.
447
11.
REMOVAL OF RECORDS FROM COURT
G.L.No.4053/2C-2 (1) dated 18th December, 1920 read with
C.L.No.29/2-A dated 30th March, 1951

Rule 9, Chapter I of the General Rules (Civil), 1957, must be strictly enforced. All
subordinate officials are strictly prohibited from removing records from the precincts of
the court and any one breaking the rule will be severely punished.

If necessary the office may be opened on a Sunday or other holiday but in no case
shall any judicial or departmental record be removed from the court buildings.
12.
LOSS OF DOCUMENTS
C.L.No. 108-C dated 16th December, 1959
Frequent loss of papers from record indicates slackness on the part of the officials
dealing with records. District Judges and Presiding Officers should, therefore, take proper
measures to act as a check against such losses.

Effective steps should be taken to enforce strict supervision against negligence or
dereliction of duty on the part of the officials dealing with records. The officer-in-charge
of the record room should also be directed to make surprise inspection of the record room
and see that the relevant rules and orders are strictly being followed.
G.L.No.4/VIIIa-88, dated 31st January, 1955
All material documents on the record of a criminal case should be deposited in the
Malkhana, or in the Treasury or in the safe of the District Registrar or kept in a steel
almirah or with the Presiding Officer themselves.

With a view to ensure responsibility, being fixed for loss of record during taking
over or making over charge by assistants the following procedure should be adopted:
(i)
The assistants proposed to be transferred should be given information of
the proposed transfer at least one week earlier of the actual date of
transfer.
(ii)
They should prepare a list of records in their possession with the help of
the registers maintained. Records requisitioned from the court or record
room should also be included in the list.
(iii)
At the time of making/taking over the successor should physically check
the records with that list and sign it in lieu of receipt. That receipt should
be countersigned by the Munsarim of the court concerned under whom the
transferred assistant had been working before his transfer.
(iv)
Three copies of such list should be prepared. One copy should remain with
the Munsarim of the court concerned, one copy with the transferred
assistant and one with the successor.
In case of transfer of an assistant record keeper or librarian, the rules prescribed
for movement of records and books, as the case may be, should be strictly followed.