# was unable to take up the case must be discontinued

- **Citation:** C.L. No. 825/44
- **Court:** Allahabad High Court
- **Decided:** 1914-03-03
- **Case number:** C.L. No. 825/44
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/was-unable-to-take-up-the-case-must-be-discontinued-163743
- **Pages:** 2

## Text

431
of not counting adjournments because summonses have not been served on the parties or
their witnesses, or because the parties applied for an adjournment, or because the court
was unable to take up the case must be discontinued.

When the evidence in a case is heard de die in diem, and the hearing lasts over
more than one day, such hearing, though it lasts over several days, is to be considered and
entered as one hearing. The case will not be considered as adjourned until the court
passes on from such continuous hearing to take up another case. But it must be distinctly
understood that when a case has once been taken up the hearing of that case and of that
case alone, must be continued until the evidence of all the witnesses in attendance has
been recorded.
5.
PREPARATION OF ORDER SHEETS
 G.L. No. 887/44-28 dated 3rd March, 1914

District Judges shall take steps to ensure that the orders on order sheets are written
in a clear and legible hand.

If the ahalmad and court reader cannot write legible, they should not be promoted.
C.L. No. 825/44 dated 5th March, 1913

Whenever an original public record is sent for the reason for the order should
invariably be entered in the order sheet of the case.
C.L. No. 71/VIII-b-49 dated 18th July, 1961

It would be sufficient compliance of rule 151(5) of General Rules (Civil), if the
date of admission of the first sheet of the Hindi order sheet and the English notes and the
last sheet thereof are mentioned in the General Index instead of entering every leaf.
Chapter III, Rule 85(1) and (2)
C.E. No. 39/VII-d-102 dated 18th March, 1971

The judge's notes should be so prepared as to give a fair idea of the progress of
the case from the date of its first hearing to its decision without reference to the
individual papers on the record. They should, inter alia, contain-
(a)
statement of parties or their counsel recorded at any stage of hearing, to
clarify the pleadings or for any other purpose;
(b)
names of parties or counsel present on the date of hearing;
(c)
nature of application and the orders passed thereon;
(d)
directions of the court on all-important matters coming up before it.
C.L. No. 64/VIII g-23 dated 9th June, 1987

All the readers are directed to mention the names of the counsel appearing in and
arguing each case on behalf of the parties in the order-sheet to ensure an accurate record
of the proceedings.
Pleaders to sign order sheet
G.L. No. 19/67 dated 1st May, 1929
432

Orders fixing dates or adjourned dates for hearing or directing anything to be
done by the parties or their pleaders shall be signed immediately by the parties or their
pleaders.
6.
PREPARATION, PRESERVATION AND DESTRUCTION OF RECORDS
(i)
Paging and maintenance of record
C.L. No. 3/VIII h-21-51 dated 11th January, 1951

Papers in the lower court files used to be arranged and numbered from right to left
obviously, because the papers in the files used to be Urdu. But now since the court
language is Hindi the papers in the files should be numbered from left to right. No change
need be made in pending cases.
C.L. No. 10 dated 21st March, 1967

Assistants concerned should take care and precaution while stitching the records
so that original documents like sale deeds, mortgage deeds, etc. forming part of the
record are not torn, mutilated or damaged in any way.
C.L. No. 42/VII-d-65 dated 18th March, 1971
Instructions regarding proper maintenance of records as contained in Chapters V
and VII of General Rules (Civil) and Chapters IV and XI of General Rules (Criminal)
should strictly be followed.
C.L. No. 85/VIII b-37 dated 9th December, 1985

Attention of all the presiding officers is invited to the provisions of rule 4 and rule
13 of order XIII, Civil Procedure Code as well as to the provision of rule 57, General
Rules (Civil), 1957. These provisions as to the endorsement and marking of documents
must be strictly followed by the trial courts, while preparing records of the civil and
criminal cases.

The trial courts must exercise greater care in regard to the maintenance of the
records.
(ii)
Small Cause cases transferred and tried as regular suits
C.L. No. 81/VIII b-65 dated 25th July, 1952

When a small cause court case is transferred to another court and tried as a regular
suit, files B, C and D should be prepared as is done in other regular suits. But when the
records of such cases are consigned to the record room, they may be kept in the bastas of
small cause court cases to enable them to get more easily traced and to avoid the
confusion that may result from there being two regular suits bearing one and the same
number.

The period of destruction of such files should be the same as for those of regular
suits, viz. twenty years for file B, fifteen years for file C and three years for file D. To
prevent the possibility of file B of such cases being wrongly weeded out before the due
date, a label containing the date of destruction of each file in bold letters should be
affixed to the wrapper of each such record.