# Statement showing the business of the Civil Appellate Courts of the State/Union

- **Citation:** C.L. No. 79/VIIIb-74
- **Court:** Allahabad High Court
- **Decided:** 1931-04-28
- **Case number:** C.L. No. 79/VIIIb-74
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/statement-showing-the-business-of-the-civil-appellate-courts-of-the-state-union-162495
- **Pages:** 2

## Text

270
PROFORMA - II
Statement showing the business of the Civil Appellate Courts of the State/Union
Territory of ....... During the quarter ending ...........

No. of Appeals disposed of
during quarter
Pending at the
close of the quarter
Miscellaneous (columns 8 minus 17)
18
Regular columns 5 minus 15
17
Total
Miscellaneous (Columns 10, 12 and 14)
16
Regular (columns 9, 11, 13)
15
After full hearing
Miscellaneous
14
Regular
13
Transferred to other
courts
Miscellaneous
12
Regular
11
Dismissed or not
prosecuted
Miscellaneous
10
Regular
9
Miscellaneous
Appeals
Total (Columns 6 and 7)
8
Instituted and otherwise received during the quarter including
transfer
7
Pending at the beginning of the quarter
6
Regular Appeals
Total (Columns 3 and 4)
5
Instituted and otherwise received during quarter including
transfer
4
Pending at the beginning of the quarter
3
Number of courts and number of days devoted in civil work
2
Class of Courts

1*
(a)
Stayed cases
G.L. No. 9/167-4 dated 28th April, 1931

Suits are frequently postponed because the issue for decision is about to come
before the High Court in appeal in some other suit and the trial court, therefore, directs
the proceedings to be stayed until the appeal in the High Court is decided. If all District
Judges direct trial courts hearing original suits to send them information whenever a suit
is adjourned for this reason and to notify to them the number of the suit adjourned and the
number of the appeal which is pending before the High Court, it may be possible to have
such appeals expedited. If a regular list is maintained by District Judges and forwarded to
the High Court with the quarterly statements it is hoped that much more comprehensive
arrangements may be made in the High Court in order to prevent unnecessary delays in
trial courts.

The above list should also contain information with respect to all cases the
records of which have been sent to the High Court.

All courts in a judgeship should send the information regarding the records
submitted by them directly to the High Court to the Record Room every quarter. The
information will be consolidated there and then sent to the High Court.

* 1. Senior Civil Judge/Subordinate Judge (Senior); *2. District/Additional District Judge
C.L. No. 79/VIIIb-74 dated 18th August, 1953
271
G.L. No. 43/167-4 dated 3rd October, 1933

District Judges should also submit with quarterly statements a list of execution
cases pending in their judgeship, proceedings in which have been stayed by order of the
High Court when stay orders are over a year old. This will enable the Court to expedite
the hearing of the appeals in consequence of which proceedings in execution cases have
been stayed for a considerable time.
(b)
Cases pending over a year
G.L. No. 1/44-5 dated 8th January, 1936 as amended by
G.L. No. 12/44-15 Dated 1st May, 1941 and
G.L. No. 68/VIIIb-236 dated 18th October, 1948

The delay statements of cases pending for over a year which are submitted to the
High Court with quarterly returns under Chapter XV rule 414 General Rules (Civil),
1957 take a considerable amount of time of the Hon‟ble Judges of this Court and of the
ministerial officers in lower courts without any corresponding gain.

The following orders are, therefore, issued with a view to give a better idea about
cases pending for over a year and to show if presiding officers have methodically
regulated the work in their courts and properly controlled proceedings.

There are two classes of delays in disposal of cases (a) unavoidable and (b)
avoidable. The cases falling under class (a) may belong to one of the following
categories:
(i)
Death of parties.
(ii)
Restoration of cases towards the end of the year or quarter.
(iii)
Non-service of notices.
(iv)
Where the hearing of a suit has been stayed under section 10 of the Code
of Civil
(v)
Procedure or postponed because the issue for decision is about to come
before the High Court in appeal.
Where execution or other proceedings have been stayed by order of the appellate
court or the High Court.
In these cases the delay is ordinarily beyond the control of the court though
vigilance and prompt action on the part of the presiding officer is effective to some extent
to minimize delay for causes mentioned in (i) and (iii).
No delay statements need be prepared in such cases. The object would be served
equally well by looking through such cases at the time of inspections by the Hon‟ble
Judges or the District Judges.
In other cases, which fall in class (b), delay statements in Form nos. 91 and 92
should be submitted to the District Judge every quarter and not every month. He will
himself scrutinize the statements for officers other than the Munsifs and may ask one or
more civil Judges to go through the delay statements of the courts of Munsifs. The Civil
Judges should submit a short note to the District Judge for his information and orders
about cases in which the proceedings are noticed to be dilatory.