# with the agreement between the two Governments

- **Citation:** Allahabad High Court #162844
- **Court:** Allahabad High Court
- **Decided:** 1955-05-19
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/with-the-agreement-between-the-two-governments-162844
- **Pages:** 3

## Text

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specially authorized or in the execution of the ordinary processes of law in accordance
with the agreement between the two Governments.
C.E. No. 26/VIII-b-31 dated 17th April, 1964

The Government of India, Ministry of External Affairs letter no PII/54/895157,
dated May 19, 1955 lays down that the following requirements should be fulfilled before
processes intended for execution in Pakistan are transmitted to the Government of India:-
(i)
Letters of Request should be issued under Rule 5 of order XXXVI in the
First Schedule to the Code of Civil Procedure, 1908. Commissions should
be issued under rule 4 of the said order.
(ii)
The Letters of Request should be drawn up in accordance with form no. 8
Appendix H, in the First Schedule to the Code of Civil Procedure, 1908.
The writ of commission should be drawn up in accordance with Form no.
7 in the said Appendix.
(iii)
The date for the return of the Letter of request, if at all specified, should
be sufficiently long. Preferably, no such date should be specified in order
to avoid the need for extension of the date by the issuing court from time
to time.
(iv)
Separate Letters of Request or writs of Commission for examination of
witnesses should be drawn up when witnesses reside in different districts.
(v)
The Letters of Request or writs of commission should begin with the
name of the court issuing it and the title of the suit in which it is issued.
(vi)
The full and correct addresses of the witnesses should be given in the
Letter of Request or the writ of commission.
(vii)
The Letter of Request, interrogatories, cross-interrogatories and other
accompanying documents should be drawn up in duplicate and signed and
sealed by the Presiding Officer of the court.
(viii) All the documents and enclosures should be signed and sealed by the
Presiding Officers of the court.
(ix)
The interrogatories and Cross-interrogatories should also be signed by the
parties and their counsel.
(x)
Letters of Request and other accompanying documents should be sewn
together in a parchment paper cover down the left hand side, the ends of
the silk, tape or thread with which they are sewn being brought out to the
front cover and the ends appropriately sealed.
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CHAPTER - IX
MISCELLANEOUS ADMINISTRATIVE

1.
TEMPORARY COURTS
G. L. No. 123/7-H-5, dated 12th January, 1915 as explained by
G. L. No. 2259/-B-190, dated 26th June, 1917

When a particular case is expected to be so heavy that it will seriously dislocate
the judicial work in a judgeship, a report should at once be made with the necessary
details to the High Court to enable assistance to be sent, if possible.

A District Judge should, before sending up any such proposal, satisfy himself that
the apprehension is well founded and that help is really necessary.
G. L. No. 10/67-4, dated 1st May, 1941
When assessing the need for additional help in any form in his district, the
District and Sessions Judge or the Additional District Judge in independent charge,
should take into account not only the state of criminal work in the district but also the
state of civil work. And before recommending the abolition of any temporary court he
should satisfy himself that its abolition will not result in undue accumulation of either
criminal or civil work. District and Sessions Judges and Additional District Judges in
independent charge are responsible for doing all that lies in their power to keep the
criminal and civil work in their districts under reasonable control.

Where a temporary court has been established in a district, the request for the
renewal of the term of such temporary court should reach the High Court at least two
weeks before the temporary court is due to terminate. Every proposal for the extension of
the term of such court or for its termination should be accompanied by figures showing
the pending work in the judgeship.
G. L. No. 17/B-1, dated 17th March, 1948

The following instructions should be carefully observed when any proposal for
the extension of the term of an additional court is forwarded to the Court:
(1)
Figures should be supplied not only of the number of cases disposed of
after full trial by the additional court but also by other courts of the same
status during the last sanctioned term of the additional court (or so much
of the term as has elapsed at the time of making the proposal).
(2)
Number of days on which the presiding officer of such courts actually
worked during each month or part of the month.
(3)
Explanation, if any, for insufficient out turn.

G. L. No. 18, dated 17th March, 1958
While applying for extension of the term of a temporary court of Additional
District Judge, the District Judge should not omit to mention particularly the number of