# representation in that regard afterwards, it has come in the notice of the Court that the - **Citation:** C.L. No. 24 / Admn - **Court:** Allahabad High Court - **Decided:** 2004-09-01 - **Case number:** C.L. No. 24 / Admn - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/representation-in-that-regard-afterwards-it-has-come-in-the-notice-of-the-court-162130 - **Pages:** 2 ## Text 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. 116 Some specific instances in which cases should in no event be treated as having been decided after full trial are given below. The list is not exhaustive but is only illustrative:- (a) Suit decided on the statement of one party or both or their counsel whether on oath including special oath or otherwise. (b) Suit decided on the statement of any person (referee) whether on oath including special oath or otherwise. (c) Suit decreed ex parte or dismissed in default, whether on merits under Order XVII, rule 3, Civil Procedure Code or otherwise. (d) Suit decided on admission of claim or on compromise. (e) Suit compromised substantially and only a minor issue, e.g., of cost is left for decision by the Court. (f) Suit decided on reference to arbitration, irrespective of whether objections to the award were filed or not (such objections should be heard on days fixed for miscellaneous work). (g) Suit decided on local inspection alone. (h) Suit decided as a result of which plaint is to be returned for presentation before a competent court. (i) Suit dismissed on the question of jurisdiction though after contest. (j) Suit decided on the plantiff being permitted to withdraw the plaint with liberty to institute a fresh suit. (k) Suit disposed of by transfer to another court. (1) Passing of a final decree in a mortgage suit. The suit is deemed to have been decided after a preliminary decree is passed. Every judicial officer should give a correct statement of his outturn of work and if any officer is found to have deliberately submitted incorrect figures, he would be open to severe censure. C.L. No. 52/lVh-14 dated 12th August, 1949 The above instructions (issued in Circular letter no. 41/IVh-14, dated the 16th May, 1949) are equally applicable to all kinds of appeals (other than Miscellaneous Appeals which are to be heard on Saturdays) with the difference that appeals of the categories given below shall, for purposes of computing the outturn of work, be deemed to have been "decided after full trial" or "after hearing" if decided on merits after hearing the party or parties to the case: (i) Appeals decided ex parte on merits. (ii) Appeals against an order directing the plaint to be returned for presentation before a competent court. (iii) Appeals against an order dismissing the suit on the question of jurisdiction.