# The District Judges are required to see personally that the cases filed under the

- **Citation:** C.L. No. 9/VII
- **Court:** Allahabad High Court
- **Decided:** 2000-10-20
- **Case number:** C.L. No. 9/VII
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/the-district-judges-are-required-to-see-personally-that-the-cases-filed-under-163190
- **Pages:** 3

## Text

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C.L. No. 9/VII f-125 dated 16th January, 1986

The District Judges are required to see personally that the cases filed under the
U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, are dealt
with and disposed of as expeditiously as possible.
C.L. No. 83/VII f-99/ Admn. ̳G' dated 23rd July, 1979
Particular days or dates in a week or a fortnight depending upon the work load of
such cases should be earmarked by the Presiding Officers for disposing of Matrimonial,
Eviction, Accidents and Successions cases. It is left to the discretion of the Presiding
Officers to fix other nature of such cases fixed on a particular day or date may not be
sufficient to keep them busy for the whole day.
C.L. No. 84/Admn. (A) dated 23rd July, 1979

All cases under the Employees Provident fund Act, 1952 should as far as possible
be entrusted to one court in each district for disposal.
C.L. No. 69/IV h-36 dated 1st April, 1977

The Presiding Officers are required to pass orders on interlocutory applications
on the order sheet except in cases of appealable orders. Finding on issues or judgments
should be written separately.
C.L. No. 42/VIId-60 dated 5th July, 1984

Henceforth, the English Proceedings (Judges Notes) shall be maintained by the
Presiding Officers in their own handwriting as required by rule 85 of the General Rules
(Civil), 1957, Volume 1, and rule 19 of order XVIII C.P.C. as amended by Allahabad
High Court.
C.L. No. 68/VII C-227 dated 15th October, 1982

The District Judge should attempt to transfer all cases covered by order 32-A,
Rule 5, C.P.C. to one Additional District & Session Judge with the instructions to the
Presiding Officer concerned to deal with such cases with expedition and priority.

Half-yearly reports of the effect and consequence of implementation of this
scheme should be submitted to the Court
C.L. No. 48/VIID-94 Admn. ̳G' dated 9th August, 1984

All the Presiding Officers should strictly follow the provisions of Order XXXVII
C.P.C while dealing with the trial of specified classes of suits, to which they said
provisions apply. Care must also be taken to see that the object of the rule is not defeated
by imposition of harsh conditions.
Taking up immediate steps for early disposal of more than 7 years old cases pending
in the subordinate courts.
 C.L. No. 47/ 2000: Dated: October 20, 2000
In continuation of court's previous circular Letter No30 dated December 23, 1999
regarding expeditious disposal of old cases, I am further directed to say that Hon'ble the
chief Justice of India has expressed concern over the pendency position of cases in
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Subordinate courts. And statistics in regard to the disposal and pendency of old cases
reflect that the pendency of more than 7 years old cases in the State is quite high
and calls for remedial measures on war footing so that wait of consumers of justice is
curtailed to the extent possible.
The Hon'ble Chief Justice of India also desired that immediate steps be taken
for early disposal of more than 7 years old cases pending in the Subordinate courts.
Such cases be fixed on a day to day basis so that it is conveyed to the parties that old
matters cannot be allowed to remain pending indefinitely.
I am, therefore, to request you to kindly take remedial measures on war footing
for early disposal of more than 7 years old cases and action taken by you in the matter
may kindly be informed to the court.
Priority to the cases in which person with 40% or more disability is or the main
Petitioner(s) defendant(s)
C. L. No. 7/2005 Dated; 10.2.2005
The Hon`ble Minister Law and justice, Government of India, new Delhi while
observing that the Fast Track court thought conceived to specifically dispose of sessions
cases pending for over two years have also been requested to accord priority for
disposal of cases relating to senior citizens and abuse of women, has suggested that
priority be also given to the cases in which person with 40 or more disability as per the
Disability Act is or are the main petitioner(s) or the main defendant (s). Upon
consideration of the matter the Hon`ble Court has been pleased to direct that cases
regardless of the period of the pendency in detailed the which person with 40% or more
disability as per the Disability Act is or are the main petitioner(s) or the main
defendant(s)be heard and decided on regular and priority basis . Therefore, I am to
request you to be so good as to bring the contents of this circular to the notice of all
Judicial Officers in your Judgeship for strict compliance.
Implementation of resolution of the Chief Justices Conference 1996
C.L. No. 72/ /Admin (G): Dated: Dec, 1996
 I am directed to intimate you that in the Chief Justices Conference 1996 held at
New Delhi, item No,6 was in respect of procedural changes which can be brought
about to expedite trial and disposal of cases.
It was resolved that -
 ̳Each High Court shall amend the Rules framed under section 122 of C.P.C. for
ensuring expeditious trail and disposal of cases.
It is proposed that proposals for amending the rules framed by the High court
under section 122 C.P.C be obtained from District Judges by 20.12. 96 So that necessary
amendments in the C.P.C. be made for ensuring expeditious trial and disposal of the
cases.
 You are therefore, directed to send the proposals for the abovementioned purpose
latest by 20. 12. 96.
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9.
DISPOSAL OF DEPOSITS
(i)
Under section 83 of the Transfer of Property Act, 1882
G.L. No. 2 dated 24th June, 1908
With regard to the disposal of deposits made under section 83 of the Transfer of
Property Act, 1882, the following rules have been laid down for the guidance of
subordinate courts:
(1)
When a deposit has been made by the mortgagor, a date should be fixed,
as a matter of convenience for the withdrawal by the mortgagee, of the
deposit so made
(2)
If the mortgagee fails to appear on the date fixed, or refuses to accept the
sum deposited, the mortgagor's application should, by order, be consigned
and the money so deposited be held at the disposal of the mortgagor. If the
mortgagee, however, applies and the mortgagor consents the money
deposited may be applies to the mortgagee.
(ii)
Under section 2 of the Administration of Evacuee Property Act, 1950
G.L. No. 17/VIIIc-6 dated 6th July, 1950 read with Government of India letter No.
XXXI (pol-49)/50 G.C. dated 26th June, 1950

Under the provisions of the Administration of Evacuee Property Act, 1950 , court
deposits lying in the civil courts to the credit of evacuees fall within the definition of the
term ―evacuee property‖ [Section 2(f)x (i)], and cannot, therefore be paid to the evacuee.
They vest in the Custodian and have to be paid to him.
G.L. No. 24/VIII-e-6 dated 11th October, 1950

Deputy Custodians are permitted to inspect periodically the registers of civil
courts, prepare a list of deposits belonging to evacuees and forward a copy of the list to
the civil court concerned with a view to ensure that no unauthorized payment of deposits
belonging to evacuees are made.

Necessary facilities should be given to Deputy Custodians by courts for this
purpose.

Section 10 (f) and 45 of the Administration of Evacuee Property Act, 1950,
empower the Custodian to requisition any document from the custody of a public
servant, and confer upon him the same powers as are vested in a civil court under the
Code of Civil Procedure. The Custodian should be deemed to be a civil court for the
purposes of rule 203, Chapter VIII of General Rules (Civil), 1957 and requisitions for
records made by him should be complied with without any reference to this Court.
(iii)
Disposal of gold in the custody of courts
C.E. No. 25/VII -f-193 dated 29th April, 1966

For disposal of gold in possession of civil and criminal courts the following
instruction as contained in Government of India, Ministry of Finance, Circular letter no
16/65, dated March 26, 1965, should be followed: