# the case was transferred

- **Citation:** C.L. No. 100-B
- **Court:** Allahabad High Court
- **Decided:** 1952-09-12
- **Case number:** C.L. No. 100-B
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/the-case-was-transferred-163787
- **Pages:** 2

## Text

442
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
443
properly packed, strapped, laminated and sealed before giving it for
dispatch. In the letter returning the original records, the concerned section
will also request the Registrar of the High Court concerned to get the
records, on Its receipt, opened, checked and detailed in the presence of an
Officer not below the rank of an Assistant Registrar of the High Court
and to acknowledge receipt of the Original Records sent from this
Hon'ble Court within three days of receipt of record. On receipt of such
acknowledgement, the same shall be kept In the respective case file. If no
acknowledgement Is obtained within two weeks of dispatch of record the
concerned Assistant Registrar shall bring It to the notice of concerned
Joint Registrar / Deputy Registrar, In writing, who shall pursue the matter
with the concerned High Court till the acknowledgement is received and
will bring the discrepancy/ non-receipt of record, if any, to the notice of
his Registrar
While enclosing herewith a copy each of the Hon'ble Supreme Court's Circular
Letters referred to above, I am directed to request you to kind ensure strict compliance of
the directions as contained in the circular letters by all the concerned in the Judgeship
under your supervisory control.
9.
CONSIGNMENT OF RECORD TO RECORD ROOM
C.L. No. 43/VIII b-60-51 dated 4th May, 1951

All decided cases should be consigned to the record room on or before the date
fixed under rule 181 of Chapter VII of General Rules (Civil), 1957* and rule 108, Chapter
XI of General Rules (Criminal), 1957, for the purpose and not on any subsequent date
even if the prescribed date falls on a holiday.
(i)
In appeals
C.L. No. 297/44-5 dated 23rd January, 1913

The certified copy of the judgment and decree should be sent to the court, which
passed the decree, but the record should ordinarily go to the record room. The court,
which passed the decree, shall, after considering the judgment and the decree send them
to the record keeper to be filed.

Following the same procedure, this Court will send the record to the District
Judge to be filed in the record room and a certified copy of the judgment and decree to
the court, which passed the decree.
(ii)
Of execution files relating to cases decided by Registrar, Co-operative
Societies
G.L. No. 2499/44-3(8) dated 12th September, 1918

When an application for enforcement of a decision of the Registrar of Cooperative Societies or an award of Arbitrators appointed by him has been disposed of, the
file will be consigned to the record room with other applications after the manner of civil
appeals [Chapter VII, rules 179 and 180 of the General Rules (Civil), 1957].

*
NOTE: Now 1977 vide notification no. 504/Vb-13 dated 5.11.87.