# Therefore, I am, directed to request you to kindly bring the contents of this

- **Citation:** C.L.No.23/Alld
- **Court:** Allahabad High Court
- **Decided:** 1999-09-17
- **Case number:** C.L.No.23/Alld
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/therefore-i-am-directed-to-request-you-to-kindly-bring-the-contents-of-this-163278
- **Pages:** 3

## Text

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Therefore, I am, directed to request you to kindly bring the contents of this
Circular Letter to the knowledge of all the Presiding Officers of the Family Courts
working under your administrative control for strict compliance of the same.
(xxvii) Judgment of court rendered in civil Misc. Writ Petition No.174 16 of Ram
Chandra Shukla Vs. State of U.P. and others.
C.L.No.23/Alld: Dated 17th September, 1999
 The direction of Hon'ble court contained in judgment rendered in civil Misc. Writ
Petition No.17416 of 1997 Ram Chandra Shukla Vs. State of U. P. and others is being
communicated for circulation to all the judicial officers posted in this district for
information and necessary action.
(See for Judgment)
(xxviii)Priority to the cases in which persons with 40% or more disability is or are
the main petitioner(s)/defendants(s).
C.L. No. 7 /2005 Dated: 10th February, 2005
The Hon'ble Minister Law and Justice, Government of India, New Delhi while
observing that the Fast Track Courts though 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 citizen and abuse of women, has suggested that priority be also
given to the cases in which persons 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 which persons 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.
(xxix) Declaration regarding ̳marriage' & dowry'
C.L. No. 31 /2005 Dated: 29 October, 2005
Upon consideration of Government Order Nos. 3760/60-3-04(16AQ)/2000 dated
30.12.2004 1107/60-3(16AQ) dated 02 .05.2005 and 1284/60-3-2005-3(65) dated
26.05.2005 dealing with declaration regarding marriage and dowry, by the Government
Servants who have been appointed after 31.03.2004 the court has been pleased to direct
that all such judicial officers and supporting staff in the ministerial and inferior
establishment of the district judiciay who have been appointed after 31.3.2004, shall in
performances of direction in rule 5(5) (a) of the Uttar Pradesh Dowry Prohibition(first
Amendment) Rules, 2004, which come into force with effect from the date of their
publication in the Gazette vide notification No. 2457/60-3-3-(65)-97 dated 31st March,
2004, make a declaration under their signature stating that they have not taken and
dowry.
Therefore, I am directed to send out here with a copy each of the Government
Order Nos. 3760/60-3-04(16AQ)/2000 dated 30.12.2004 1107/60-3-05 (16AQ) dated 02
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.05.2005 and 1284/60-3-2005-3(65) dated 26.05.2005 with the request that the contents
of and directions in the rules and Government orders aforestated, be unerringly gone
through all the way for ensuring strict compliance and declaration meant for well again
standards of public life, be furnished by all concerned immediately.
(xxx) Expeditious disposal of cases relating to intellectual Property Rights and
Commercial Arbitration.
C.L. No. 2/ Admin ̳G' /2006: Dated: 5th February, 2006
I am desired to inform that Hon'ble the Chief Justice of India expressing concern
over failure of the District Judiciary to deliver justice with the reasonable time frame, has
desired that for keeping the confidence of the people arrears be reduced and
postponement in disposal of case be done away with.
On a thoughtful consideration of the matter, the Hon'ble Court has been pleased
to order that cases relating to Intellectual Property Rights and Commercial Arbitration in
the judiciary in your organizational control be identified and taken up for hearing on
precedence. Further, Monthly progress of deposal of such cases be monitored effectively
and reports be submitted to the Court faithfully and punctually so as to reach by 10th of
next following month.
Therefore, I am to request you to take all such steps as might be indispensable in
achievement.
(xxxi) Caution to turn away from back up in filing of frivolous suits.
C.L. No. 3/ Admin ̳G' /2006: Dated: 15th February, 2006
Hon'ble Supreme Court of India in Writ Petition (Civil) No. 496 of 2002-Salem
Advocate Bar Association, Tamil Naddu Vs. Union of India (2005)6 SCC 344 has
observed and held as below:
 Judicial notice can be taken of the fact that many unscrupulous parties take
advantage of the fact that either the costs are not awarded or nominal costs are awarded
on the unsuccessful party. Unfortunately, it has become a practice to direct parties to bear
their own costs. In large number of cases, such an order is passed despite Section 35(2) of
the Code. Such a practice also encouraged filing of frivolous suits. It also leads to taking
up of frivolous defences. Further wherever costs are awarded, ordinarily the same are not
realistic and are nominal. When Section 35(2) provides for cost to follow the event, it is
implicit that the costs have to be those, which are reasonable incurred by a successful
party except in those cases where the court in its discretion may direct otherwise by
recording reasons thereof . the costs have to be actual reasonable costs including the cost
of the time spent by the successful party, the transportation and lodging, if any, or any
other incidental cost besides the payment of the court fee, lawyer's fee, typing and other
cost in relation to the litigation.
The District Judiciary puts the edifice of the administration of justice together.
The district Judiciary is thus under an obligation to turn away from back up in filing of
frivolous suits. Therefore, I am directed to request you and all the judicial Officers
working in Judiciary under you administrative control, to go all the way through the
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directions in the judgment referred to herein above and make sure obedience in epistle
and force.
(xxxii) Judgment and order dated 24.9.2005 in Civil Misc. Writ Petition No. 63114
of 2005- Ganga Prasad Vs. M/s Hanif Opticians & others.
C.L. No. 6/ Admin ̳G' /2006: Dated: 15th February, 2006
While enclosing herewith a copy of judgment and order dated 24.9.2005 in Civil
Misc Wit Petition No. 63114 of 2005 Ganga Prasad Vs. M/s Hanif Opticians & others. I
am desired to say that the Hon'ble Court (Hon'ble Mr. Justice S.U. Khan ) has been
pleased to observe that the tenants enjoying the tenanted property on highly inadequate
rent tend to prolong the disposal of the appeal or revision for continuing their possession
without payment or proper rent/damages for use and occupation. If the stay against
eviction is granted on the condition of monthly payment of reasonable amount this
practice can sufficiently be checked. The Hon'ble Court has therefore directed that in
revisions under section 25 Provincial Small Caused Court Act or appeal under Section 22
of U.P. Act No. 13 of 1972 District Judge or Addl. District Judge while granting stay
order shall impose conditions of payment of reasonable among which may be about 50%
of the Current rent (i.e. rent on which building in dispute may be let out at the time of
grant of stay order. In this regard no detailed inquiry need be made. Mere guesswork
based on common sense may do).
Therefore. You are requested to kindly circulate the said judgment to all the
additional District & Sessions Judge in the Judgeship under your administrative control
for their guidance.
Improvement in administration of Civil Justice System
C. L. No. 41/2006, dated 19-9-2006
With reference to the above subject I am directed to inform you that to shore up
the administration of Civil Justice System in the Chief Justices' Conference, 2006, it has
been resolved that a holistic approach a required to be adopted with stringent
enforcement of the provisions of the Civil Procedure Code in the matter of service of
process, filing of written statement, use of Alternative Dispute Resolution (ADR)
methods, imposing of costs, admission/denial of documents, examination of parties,
discovery and inspection of documents, framing of issues, granting of adjournments,
production of witnesses and granting of ex parte injunction/stay orders by all the Judicial
Officers.

Therefore, I am further directed to request you to impress upon all the Judicial
officers working under your supervision and control in the Judgeship to follow the above
directions meticulously.
16.
EXECUTION CASES
G.L. No. 3020/19-O-20 dated 4th September, 1920

Complaint are frequently made of the difficulties encountered by decree-holders
and these complaints are to a large extent justified owing to constant neglect in properly
complying with the directions laid down in Chapter VI of the General Rules (Civil),
1957. The execution clerk appears to be allowed a very free-hand and is commonly