Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697807347613.pdf (India)
STANDINGORDERSOF THE FINANCIAL COMMISSIONERHIMACHALPRADESH STANDINGOROERNO.

"2" (Draft) General Procedure of Revenue Officers and Revenue Courts Note: In connection Manual should with this be consulted.

Standing order Chapters VI and XXIII of the Punjab Land Administration Procedure Section-A of Revenue Officers 1. classes Revenue Officer.-Sect of Revnue ~fficers, ion 7 (1) namely:- of the H. P. Commissioner (a) (b) (c) (d) (e) the Financial the Commissioner.
the Collector the Assistant the Assistant Collector Collector of of the the first second grade.

grade.

The Deputy Commissioner of a district is the Collector thereof under Section 7(2) of the aforesaid The Sate Government is competent VIS 28 of the a Revenue Officer on any officer or class of officers aforesaid all for or Act specific purposes.
to confer any or all the powers of Revenue Court.-Whena Revenue Officer is exercising described to in Sub-Section (3) an appeal or other of Section procedingarising 58 of jurisdiction the H.P.

Tenancy any such out of with respect and Land Reforms Act, he shall suit, to be called any such 1972, suit as or with a Revenue 2. is respect COlll'to Revenue Officers acting 3.
Officer in of Re~enue Courts Court in [he other the of (section and Revenue Court a judicial of as of Revenue Officers instead distinguished-A an executive and ordinarily in one capacity.

Revenue Court is There are, a .Revenue Officer therefore, -therefore, simply the any grade his with a Revenue same classes is jurisdication a Revenue of same grade and of jurisdiction is his the H.P.

Te~ancy & Land Reforms Act, capacity 5(2) co-extensive 1972 (Act.

No.8 of 1S74).
No.8 of 1S74).

,"espective jut'isdiction, theil' 2-G or" the High Court Rules pat'agraphs 792-810 of the Pujab Land Administration Manual and Chapter & Ol'ders, Volume I may be referred to 'Rules 4.

10 of ru les proceedings, be arg.Jmentative.

in the manner etc; of Civil In pr'oceedings Officer time when each inquiry, is to which final 76 of provided the all in powers founded.

46 of 34 to the the H.P.


Tenancy Rules that preCt"ibe whether the oral or Every written Punjab prescibe statements as appl of Revenue the procedure and pleadings made by or the as filed be as brief statement or provided the Revenue Officer ProcedlJt'e in fespect ~hall ication I-witten dppi oy the Code of Civil the follow to of Commission's is Land Revenue Rules icable to Himachal Pradesh and Rules officers on behalf nature ::f by a party and should the of the st>all staterl~ent_s case parties be consulted.
the to and shall admits 3- These reveune not be drwan up and verified in suits.

dates the Code In fiXing of a Revenue Officer.

1972, and witnesses Procedure procedure also apply for written of Revenue Courts in case of proceedings before the H.P.
Tenancy memorandum of & Land Reforms Act, statement of par:ties and the provisions in which an order record a brief is passed of statement of witnesses on the merits reasons on which exceedi ng the ion award expenses "In proceedings in which be recoverable in ejectment of these orders, Orders in enforcing and the costs the manner shall not have been prescribed be enforced a Revenue Officer the Revenue the at after it sum the in Section in the manner have incurred, shall before a Revenue Officer under shai 1 make wi th o~m hand his is made.
a brief statement the Reve'nue Officer making A Revenue Cffi eel' may at proceedings shall In every the his "in C.i\l.i1 Courts.

order di scret they may be entitled shall order which will the H.P.

Land Revenue Act.

Revenue Officer's aportion costs the the Code of Civil Procedure and in regard to contempts, resistance like which a civil Court may exercise.

The Memorandum' to be made by a Revenue Officer under Ru1e 40 of the Punjab Land t{evenue Ru1es or Rule 7 of the H.P.
Tenancy and Land Reforms Rules shall be in Hindi.

Procedure of Revenue Courts.-Section 69(1) of the H.P.

Tenancy and Land Reforms Act, 1972 empowers 5. the State Govt.

to frame rules for regulating the procedure of Revenue Courts in respect of matters under this Act.

But no such rules have been framed and the provisions of the code of Civil Procedure 1908 and Rules and Orders of the High Court so far these are applicable shall apply to all proceedings 10-B, 11- in Revenue Courts.
The Procedure contained in Chapters 1-A to1-I-H,1-J Band 14_E of Volume-I, Chapter 7 of Volume IV of the High Court Rules and Orders should be followed fiith special clre.• Some of these instructions with necessary modifications making them appl icable to Revenue Courts are reproduced below.

9, 10-A, to 1-L, SECTION-B Receiption of Plaints and Applications (See Chapter i-B, Vol.1, High Court Rules & Orders,1930) Tille & hour of presentation.-Plaints.
and petitions should be received on every day which is not 6. an authorised holiday during office hours.

7.

How filed •...plaints and Petitions must be filed except when other-wise specially provided by any law for the time being in force by the party in person or by his recognized agent or by a duly authorised and qualified legal practioner.

Recognized Agents are defined in Order III, Rule 2 of the Code of Civil should be carefully studied.

Procedure.
Procedure.

As to the appointment of a pleader,theprovisions of Rule 4 ibid Preli.inary EXilllination.-Every plaint or peptition should, 8. if possible, specify the provisions of the law under which it is presented.

The Presidi'ng Officer of the Court should note, or cause to be noted, on the plaint the date of presentation, and whether it has been presented by the plaintiff in person or by his duly authorised agent or pleader.
The court fees should be forthwith examined and cancelled in the manner prescribed in that behalf.

Responsibility 9. regarding Court Fee, StalllPs.-Theinstructipns contained & Orders" Volume IV, Chapters 4 and 5 should be observed mutatis-mutandis by all Revenue Courts.

in the High Court Rules The ministefial i.e.

the Asstt.
the Asstt.

Superintendent officer ·of the Court concerned (Revenue)/Head Vernacul ar in the case of Deputy Cammi ssioner and Naid-Tehs ildar (Peshi) in the case .of Cammi ssioner and the R~ader in case of ~ther Courts shall be p~rsonlly responsible for ensuring that plaints and petitions are properly stamped in all simple and undisputed cases.

In case of doubt regarding the correct- ness of the Court Fee, due~ he should take the orders of the Presiding Officer.
Personal respon~ibility shall be enforced against the ministeral officer in all cases that he failed to refer to ,the Presiding Officer for orders, and against the Presiding Officer in other cases.

This shall, however, be subject should be enforced against the presiding or ministerial to the provision that 'personal responsibility officer, as the case may be where obvious mistakes were made and not in cases in which a genuine doubt was possible regarding the correctness of the court fee due.
Deputy Commissioners Revenue Courts of Subordinate in this matter and make them understand that as and their readers etc.

their personal responsibility a consequence of this, responsibility, all Government losses in stamp revenue will be taken of serious notice and stern action will be taken against the delinquents.

should impress upon the Presiding Officers Serious notice should also be taken of failure to cancel the stamps by punching.

Erring officials should be suitably prpceeded against.

10.
10.

When an unstamped petition is presented to the Financial Commissioner and other Senior Revenue Officers, and if it is to be transferred to,a subordinate officer, a slip will be attached to the effect that no action 'should be taken on the petition until it is properly stamped.
SECTION-C Eamination of the Pl~int (See Chapter 1-C, Volume 1 ibid) Ex_ination 11. fiithspecial reference to the following points viz; of plaint.-On the presentation or receipt of a plaint, the Court should examine it the Court to which the suit is brought is given in the plaint (order name, descriptior.
(order VII: and place 1(b); the name, description rule contains of res·idence of the plaintiff, so far and place ''If residence of the defendant to, ru le 1(d) ; the facts the suit are minor and if so whether they are properly repre- constituting the cause of action and when it arose (order VII, the' name of 1(a); it the contains can be ascertained plaint the Whether, VII rule Whether as'they Whether (order VII rule Whether any of sented Whether rule 1(e); Whether the suit ion to the proper Court (order VII, contains 1(a); the parties it is within the jurisdiction VIi, rule (order of Court or else and (10); 1(f) it shoutd be returned for presentat- amount allowed the relief which the plantiff the portion a statement or of his claim (order VII, relinquished rule 1(h); the subject matter claims (order VII, rule if the 'plaintiff of fees the value of to far any non-joinder the case admits or mis-joinder of (order VII, the suit rule of parties, 1(c); and of Court fs prima-facie 1(g); has allowed a set for the purpose or mis-joinder of is duly signed is liable and verified; documents attached form and are in order filed to the plaint • a proceedtng to be rejected for the reasons given in order VII rule any of (if any) are accompained by the lists 11. jn the has for by Rule 19 of order VII as framed by the High Cpurt.
in paragraptr 9 be.low should jllso be bOl'ne in mind at containing address his service during the the time ,of examin- (vi i) (vi i i) (xi) (x i1) (xiti) states it Whether plaint contains Whether off or relinquished,a Whether it contains of Jurisdiction Whether there causes of action; Whether the plaint Whether the plaint Whether ·prescribed Whether litigation Instructions ation of plaint.

the the plaintiff as required contained 12.


Rules of ple.ing notited.-The the plaint includes of pleadings may be briefly and written 'stated as follows:- provisions of the statement of parties) code with regard should be carefully to the pleadings studied.

The principal (which term rules (a) The whole case must be stated (order VI~ rule stated 2).
in the' pleadings that is to say, all material facts must be (b) Only material facts are to be stated.,' The evidence by which t~ey are to be proved is not (order VI Rules 2, 101 11 & 12).

concisely.
concisely.

signed by the party and also by his pleader" if any (order VI, rl!le fOf by law fc;>r tJ,e time being i' , .••• foot by treparty or byolle of the:parties (f)Jhe person ~re pleadiggis,.boundto'state~by in force, pl&ading(order 'every pleading VI, rule numbered paragraphs is 15} to be verifieduponil'lformation referenceto·the andY/hat,he are to the stated to be stated The facts Every pleading ,14).

Save asothenlise,provdded., verified at is to tbe the verifying .of the pleadin9.
,';hat he,;verifjed to ,be true the necessary imp1red inevery'pleading to allege on which and the place is not believed r:ecQivedand Iti!

; ObHgatorythat dates It performances It thereof possible It burden of proof \lihen mis.-represeritation,fraud, are necessary.

(order VI,Rule necessary lies is not necessary is not is to set o~t rt 9); td' al lege on th& oth~r (c) (d) (e) (9)' (h) (i r (j) (k) of his.

own;know~edge, (order VI.

Bule·15(2)).


sbDuld be signed 'Ierfication by the person making it, ruTe 15(3)); stating the at w~~ch it was signed of the performance lotd~;'IV, 'rule 6)'; the whole or any 5uff'ident to stat~ part (order VI, anycon~itjon, , precedent, " "" of a document unless of the .effect , .'

of a matter side fact which the (order VI, Rule 13); an avement")~ .

,,' .
,,' .

the the document as briefly precise words as law presumes or as to which the undue .influence etc., 'are pleaded necessary particulars must ahlays be given (order (1) When a sui't IV, Rule 4); .

is ,Dr"i"1a-facfa time barred the .ground on which exemption is claimed must be stated (order VII RJ1~ 61; , , If the Plaint is prolix claimed -precisely.

counsel he has the relief for or:' his after- signed 5.

16 and 1]).
16 and 1]).

Where amendment particulars the necessary about the or or indefinite is defective or omits to give in -any other the necessary it respect.

such amendments as may be necessary in· the actual endorsement.

The court has wide powers in this respect particulars should be retur~ed of presence or to specify to the party the Presjding Officer (See order VI.

Rules the indicating is directed' an order should amendement and fixing a date be recorded filing for by the Court the amended plaint.
Joinder plaint 13. the or causes of action; should of parties .nd causes action.-When be examined with a view to see.

of the plaintiffs or defendants are more than one.

if there is prima-facie any misjoinder of parties in the plaint severally all if that or the persons in the the persons alternative.

joint~y claim tile right which is entitled to the right.
if more than one who sue together as plaintiffs has been i n-fri nged cannot together witt], the 9rounds the benefit of or of under Order 1, Rule 8(1)4 Jode for be got of refusal.

to sue together.

if known.

If fact Thi s the plaintiff such persons, of Civil Procedure.
he must applpy for the which according object to shoul d be stated wishes the permission to sue the of appear in the plaint that either If the should jointly or'severally suing for for cause be returned J the relief the rightsto alternative or in the one defendant is amendment on the in the claimed exists the in respect of from that the Different for plaintiff against subject suing has of causes different ground that same suit.
of action which ought not different defendants to be joined or groups of defendants cannot be brought into one suit.

should be interested 1, Rule 5, however, is not necessary that every defendant it in any suit claimed the Code of Civil against Procedure him.

only permits causes of action, against the same defendant that where the defendants are not from each, or for other claims be applied Several join plaintiff in one suit.
is and each distinct having distinct or jointly to unite a ",Taintiff the same defendants for liable in the jointly.
sums the several the provi s ions of Order of the same defendant subject form' the re lief of cause causes of action sought, action must against to be observed that while no suit may be defeated by mere mis-joinder rights of action of the parties can only be joined actually before the court may always be disposed in one suit where the parties are indentical to the provisions of Order II, Rules 4 and 5 and Section 15 to 25 of the (i) (ii) (iii) (iv) (v) it suit either should pal i nt.
s~ould appear the causes against - jointly.

to vindicate.

the defendants in dispute.

plaint It all of the in the plaint on behalf court Similarly, all matter another joined saction Under order as to all Order same suit It follows, which the II, Rule 3, a separate or defendants The general of parties of, distinct and only subject Code of Civil In suits which cannot the Court, Order the relief II, Rule 3 of several cannot rule and the causes therefore, p1ai nt i ff cannot suit.

Procedure.
Procedure.

be properly I, Rules 8(2) & 10(2) of disposed of unless the Code enables all persons the Court interes1?ed to add necessary in the matter parties that they have been comitted by the plaintiff.

of plaint agricultural relating land and the to Agricultural pl'aintiff land and when plaintiff is illiterate it should is illiterate.-If be scrutinized the with plaint s.pecial be accompained by a statement, in the recorded the Khasra Girdwari shall situated.
statement is in the settlement the harvest of be verified Where by reason by the record'and if concerned prescribed in the the suit last signatures of partition, of river do not accord.

is under the Patwari action a brief in the should be given in the column of remarks.
Where the suit it by a map, drawn to scale, be accompained and in the Jamabandi record also last to the following directions :- "Every such plaint relating shall thereto land concerned settlement a copy of the particulars also include & Land Reforms Act.

This in which the the entries the reasons boundaries, claimed or drawn to shall Or other in relation shall is to facilitate numbered in accordance with the statement to which the decree may be sufficient person who prepaed it.

Where however.
Where however.

i~ for a specific showing clearly fields plot as correct the The specific be certified to be made and so much of identification.

and the map shall for the suit is field; by the patwari the whole or one or more Khasra numbers _ form, Jamabandi.

forth- setting should It the H.P.Tenancy circle cause, of of the or other explanation plot with definite specific the it, plot also adjoining and adjoining are before when it discovers 14.
Scrutiny relates care to according shown as map will numoers.

in be settlement-map .the rtqu:ir$!

unless it or is a share necessary in such'numbers other for and not for a specific reas-ans to show the boundaries portion of thereof no such Khasra SECTION-D Issue and Service of Processes Court laid the to down that settlement 15. is for a ·directionaccording;y. is'bound Court detemine the for'll shall only the Court issues of to consider Thus', the and determine 16. of s.m.ons to the court must be affixed.
the defeh'dant.-~ummonsshould of or s~nS.-In determine the for question order the V, Rule of time disposal 5 of of issuing the summons suit is th.e Code of Civil the summons whether summons is and the be to issued it be Procedure, shall it shall one Ylhich the contain form of at final of what in each particulas case.

be clearly and legibly written and signed, an"d the seal Order V, Rul e (3) of In courts the Code requ i res provided with clerk that should summons must appointed by him.
Clerk/Naib-Tehsildar Officer The plaintiff, the copies issuing the settlement or concise the or (Peshi), sign himself be on which framed the of issues statements summons, the he may be authorised them.

so as defendant signature The to require intends final only of court for or the should plaint which satisfy the Code.

order.

made under Order V, Ru1e 5 of summons shall or Asstt.

sign the of Courts to should defendant in rely It must all to support in the to disposal.

the itself plaintiff that summons.


be Judge by the signed Superintendent In all fully be any document or (Revenue)/Head courts, and legibly ca.lled other the Off icer ar Vernacul the Presiding ywitten cases produce of his have own case which thereto attached the to file also is bound the form selected with is that plaint.
appropriate is fixed for one .. by the for of the Before to No court of such court in such manner in such cases can rightly that as the the are'contaned proceed to hear summon to a defendant law provides.

in Rule 7, Chapter to appear of i-D of a suit ex-parte~ until it has been to the satisfaction has been duly served i.e.

been served proved has The nature the proof of service the High Court Rules which court the and Orders, ought Volume strictly to require I. .

11.
11.

The Revenue Courts 25-26, Order V of Rules .

should the Civil note the Rules Procedure the for Code, which srevice should of'summons be carefully contained studied.

in Rules 21-23 and India-If the same distriCt', by post the within the transmitted Service but within being district through But no court from a Court sent forwarded is Rule of the Court des i gned through for but.

within the Collector of refuse another should in the Collector.
execution except where to has agencies be served located to another.

within at Tehsils the If transmitted court the received be where any process merely for by reason process the from one agency should it State district the to serve District In the State of issuing COllector to be when they process of served to they afe Procedure_ to Districts the District wi thi n one shallbe transmitted process by post is situated has to service the of other in 22, Code of Civil of Small Causes.

.
.

the jurisdiction will of be employed, another the court process in another concel'lled return.

and jurisdiction having they should been be to be served the Collector for within process States, service its not in which the of service Pres idency service for' such of Towns to the process' (order V, Judge (i) (i i) Service provisions attention 21 the H.P.

by post.- The of Section (Act No.8 of speedy 1974) and :useful 1972 has proved the to Reforms Act, of service for any other mode.
of the Revenue Officer and Revenue Courts Land Rever'Je Act and Section under which and may be freely to in addition to, or a summon may be served resorted 71 of by registered.

is the H.P.

specially Tenancy drawn & Land This mode post.

in substitution The Revenue Courts and Officers Pradesh for the purposes of levying process fees are divided into three grades as shown in the in Himachal table below:- The ratesprescr;bed Service by post under High Court.

RUles the general and Orders servke for 18.


Onl€r V, Rule.

25 of Code of Civil do~m the procedure role.

:"Provisions Procedl.ll"-e'and 'Chapter to be followed which shpuld be,st!

:ldied t()be 7-F Vo1.IV of High ttlurt in detail ;nthisbe~aH.

'Rules and ltr~r lay Fi nanci aI Commiss h:mer Commissioners.

(Chapter 5-8, Vol.IV,) of summons in foreigt'1 terrttory shall apply.'

territories and it where no special arrangMents edst.
':Wtlenservi ce by post to Service 19. in fc)reigft Or'der V Rule 25 has failed be submitted to direct the postal 'fl:.iS t t.1le case.

But' in no case the authorities then double that the Deputy Commissioner courts Of foreign time that and add not the time is desired for territories.

to proceed under Order V~ Rule 26 C.P~C.

transmission Before it normally takes the They should should court to the local-Govt.
the to get place in fi xi ng the date of hearing issuing for summons; required to the Iess than four months be allowed than two months for less a letter to it such service.

under.

summOnsshould never be sent from enquire and for In forwarding such summons to Collector for transmission to the Commissioner, "';st certify that service by post has been tried and failed and a1 so state in whatmanner subordinate Courts it has fai1ed~ On receipt of summon from Subordniate Courts,.
to the Collector, and bring in defects, it will be the duty of before 'if trnasmitting any, to the notice the the Assistant Superintendant same to t!1e Commissioner, to ·the the Collector, of :~.>venueJHedd vernacular Clerk the summons carefully e;cj!ni I'Jp 'I)'\.

i"suing the summons.


:~ilmmonses, notices "uy·~ be .accompained by translation judicial and other documents ,intended language summonses should be type written in the service in foreign in which service countries is the country of in £ngl ish and must be checked and legibly for '!,"rt;' ever possible, :,:: the Presiding Officer of the court who will be held personally responsible for their ;'.:·;UY'dCy.
should to be effected signed and neatness in which Military Officers or Soldiers the Revenue Officers ?O.

Cases ~.

lita~j Officers :n~ attention of Low't Ruies and Orders Vol.I, of Lambardars a 1imited in fixing to decide at period, the order such cases within tne hearing.
fact this in which one of should in which the the period or Soldiers or members of the Military and Revenue Courts are concerned.-Unnecessary Reserves is drawn" to Chapter 6-A and 6:B of are concerned in the case delay should be avoided in which and the High In disposing the parties of revenue to the case into be sent business is consideration down for be taken shall case such as partition cases a Military.Officer or a Soldier by the Revenue OFficer/Revenue should and an attempt hearing and appointment for on leave Courts be made for which the officer or soldier has obtained leave to be present Written Statement (See Chapter I E. Volume I, ibid) SECTION-E· is that statelllent.-Itis advisable a written to present a Q.efendant may and if 21.
Defendants i 1 Procedure, Cjj hearing and within such time as the Court may permit, it slIinrn'.Jnscall there (ases, adjournment he awarded to the opposite shcljld be avoide?

tll, Cour't'sorder such a written statement be no difficulty to require a written should be given for and it liable for should side.
Laxityir, the purpose be noted should except tl1at is laid down in Order VIII, Rule I of shall, court the Code of so required present by the a written and the Court statement from the defendant in presenting on the dates such a written statement should fixed statement for good cause shown and in proper granting adjournments in extreme for cases the purpose of contumacious at or before first of his d~fence.

Ordinarly, the at the for his time of appearance.


issuing the In most and no should ~tatements to comply with fixed, costs on the date cases fi 1ing written refusal to be dealt with under Order VIII, Rule10, Code of Civil Pt'ocedure.

statellent be accQIlPained by doclilents rel1ed 22.
Written the High Court) in his in support thereof.to must also file possession further' requires the defendant' or power on which he bases of his case thewr:ittenstatementwitha address on any other service during llether his for do.ocument.

not in his possession particul the litigation.

ars.With,ttre to produce defence his upon.-Rule the written or claim to set statement I of Order VIlt amended by (as documents and other If he rel'tes any.

or poyter.
or poyter.

net must annex' a list ,written- the defe41djlnt stiltenlent off.

if be called court may call Plaintiff sta:tement IIaY also the 23. written order VIII, Rule- 9. time and this power ~hould be freely cases.

however, statement In s.implecases, isgeTletany found to be sufficient.

upon to file a written statellent.-When the Court has powers upon both parties to file written upon the plaintiff to call to file a written defendant the statement has filed a in reDlY.
Under at any statements used for elucidating examination of the pleas when ne.cessary, .afterthe defendant the parties especially ha'sfiled in complicated :Writter his defence 24.

Each defendaotas'a defendants t'he Court the There may be different to be mixed up together claim.

of various rule .should as fUeseparate a. rule.

fill writtenstate.ent.-In a separate take ing a joint writter .written cases.
where there' are from, each defendant identical in all all statement are and these several unless respects.

should not be allowed statement of circ.umstances defendants defences based.
upon a variety in a single statement merely because all the defendants deny the plaintiffs 25. claims the Set Off.-Written in his written statement mu~tbe Statement statement called but when the defendant any sum by way of set off under Order VIII, Rule 6, Code of Civil Procedure, 'may be on plain from the parties paper, stamped in the same manner as a plaint in a suit for the recovery of that sum, the rules special of etc.

"Written statements.-A as to written rules with regard and special 26.
General (vide Order VI, Rule 1) and should conform to the general of pleading as VI as well facts denial fraud are upon not only the provisions should be stated, section which is alleged resjudicate shoul~ be mentioned, the Code of Civil th~ suit Procedure) Should be given.
be specific the particulars and precise should upon should be mentioned instance when,a plea of statements evasive to written law relied i~ raised, and rIot be fully to bar should 11 of set, for of rules Statement"isincludedinthedefinition of pleadings in Order VIII.

All given in order and admissions of or ambiguous.

When allegations legal provision relied but also the facts making it applicable law (e.g.

suit of of previous not only the provision the particulars but is given.
When any other SECTION-F Settlement of issues of leading framing framing issues.-The the correct 27.

Necessity part upto and including the evidence produced by the party on those issues between and law which are in controversy, of facts depends upon the correct needed in ascertafning In most cases, hours of left by the Court if to the pleaders determination the matter the main difficulty not weeks of the outset in the later concerned.
the parties in dispute several spent days, the of at trial trial of of a suit falls into two broad divisions, the first issues and the second, consisting of the hearing of and the decision the parties thereof.

and the correct The utmost care and in fixUlg of these propositions.

between parties is overcome when the corrr.ct in studying stages and elucidating trial.

In some courts, of This practice ~ illegal and must cease.
Issues are material propositions naturally therefore, decision and attention the issues issues of a suit is, in precise are framed.

A few the pleadings may mean a saving is the framing terms.

issues of In suits brought has to be placed on the' in the latest with the p1a i nts) wrong party.

loss and cultivation the burden of proof.

to the parties.
to the parties.

under revenue the Himachal Pradesh Tenancy & Land Reforms Act, 1972 considerable and the Jamabandi and the ~hasra Girdwari records fail ure of of the harvest the Court concerned offen 1eads frami ng of wrong issues or Such mistakes is, It to the subsequently therefore.
of the revenue records cause unnecessary delay in the disposal of great importance should be carefully that entries examined before to scrut i ni ze the entri es reliance recorded of which are produced to 1ayi ng the burden of proof on the of cases and financial (excerpts recorded in the column of ownership framing the issue~ and alloting 29.

Main foundations viz, of reasons, and for the parties other the plaint it is for theissues.-The main foundations for and the written frequently found that statements.
the facts the issues is But owing to the stated are neither supplied ignorance correctly by the pleadings the parties nor clearly of 573 pleadings.

in the methods prescribed' framing issues.


The code gives in Orderx, XI and XII of ample powers to the courts the Code and in most cases to elucidate it the pleadings by different is essential to do so, before in fraRIing issues.-On examine the pleadings the dates of fixed the for parties the of settlement and see whether admitted are not so admitted or denied in the pleadings or denied by the opposite as they ought expressly !
!ither party, of any party., pleader or his and-record categorically proceed to question the party allegations (Order X, Rule 1).

issues allegations to be.

or'by clear the Court should, fact made of If any allegations implication, his ·admission carefully Procedure 30. therefore, by each party are either of fact the Court or denial should of those appearing q.uestions frequently and recording 31.

Order X, Rule 2 of any party all material results pleas The Court parties.

all continued/until a focus.


When there any confusion,between The parties the is law on which the the pleaded, In examination, facts.

of 32. statement rule of resjudicate of etc.

of a party tothe Court statement pay the if he failed costs or his of to the Co~e empowers the Court at the "first in person or present to the of relating in saving lot admissions This time.
To use it and denials then .be in a position to ascertain properly, the parties facts of what need further in Court or any person accompanying him, who is able suit.

a most valuable provision is hearing or any subsequently and if properly should begin by studying to examine to answer used the the Court above.'
under order X, Rule 1 as stated by examination the of and the process of examination to clearly facts to avoid be examined separately elucidation such points of matters brought so as are should th.en be examined alternatively on all in conflict and especially the matters are more defendants their respective defences.

than one, they should the parties A brief their or or' vague oral shuld not be received with a full pleader, plea, e.g.

the Court that statement should the suit of plea facts is based.
Similarly, on which the pleas when fraud, are based should collusion, insist is barred in a detailed by limitation facts custom, mis-joinder, the material be fully elucidated.

and the provisions estoppel, Any inclination and accurate or by the pleader be frivolous to evade straight forward- answer or make objections or pleas which can be promptly met, when necessary, by an order for a further appear written on payment of costs.
the opposite The party party on that concerned part 'of shoul d also the case be warned that he will to be detemrined at a rate to substantiate his allegation.

be hab1e to by the Court ' 33.

Alllendlllent of pleadings.- The exami nat; on of in the plaint or written to be amended and the amendment initialled the Court is discovered, the are not correctly should take statements action by the party cOQcerned.

to have the defect part ies stated.

removed.


frequently di sc loses In such cases, If any mis-joinder these that the .p1eadi ngs should be ordered or multi-fariousness 34•.
-Discovery· regard to "di scovery" cases of the parties inspection and ·Adllission-.-The provisions are al so very important of order XI and order XII of the purpose of ascertai for the 'ode with se ni ng thepreci and "admission" and narrowing down the field of controversy • •These provisions are should make himself them especially Court of the Court of discovery, a saving of considerable has power inspection little conversant with such provisions understood and are not utilized in long ana intricate to make orders cases.
suo-moto as It regards and encourage should be· noted that de 1iYery of the parties under i nterrogatori at present as they should to make free be.

The use the Code, the purposes in resu1,t 30 of section es used they will the trial.

for and admissions.

If these provisions are properly cost to the partil's and also curtail the duration of and the Court has before it under Order X, Rule 1 examination or documents made under Order XII of upon the.
points in dispute actually of parties the p1ai nt, pl eas, written under be in Each recorded it will between the parties.

the Code, admissions should state to frame correctly and denialS of 35.

Wh'~nthe pl eadi ngs have thus been exhausted statements, order X, Rule 2 and admissl0ns a position issue and as contain in the nothing does not proof recorded facts issues form one point should not be put the in interrogative.
issues proposition form, so often but confusion see clearly lie, seen of at the On which side or far a definite of a group of confused and an issue as possible in general should facts trial.

or in dispute.

in alternative law which one party questions A double or alternative in what manner the terms ~such as true "Is Every issue form.

should form a single In other words each issue and the other question should denies.
An issue of and is productive the Court that and on who~ the burden of is entitled all indicates to a decree" at avers is no issue issue generally issue arises the plaintiff meaningless.

should note arises.

there If against are more defendants than one who make separate answers to the cliam, each issue the defendant or defendants between whom and the plaintiff the Court issue the 36.
Burden of proof.-The of the party on whomthe burden lies, burden of proof as to each issue should be carefully determined and the name stated opposite to the issue.

SECTION-G Documentary Evidence (See Chapter 1-G, Volume 1 ibfd) 37.
Main provisions regard to the production with regard to the production of documents by the parties of docUllents.-The main provfsions are as follows:- of the Code with produce or a copy' thereof to Order VII, Rule 14 when the plaintiff (a) According or power', he shall itself in his possession" or power or notas in a list they cannot the exceptlon given in Sub-Rule 2 of R,ule 18 of Order VII.

to be filed with the plaint.

be annexed to the plaint.
be produced at a later stage without in support in Court when the p1ai nt evidence the to If it sues upon a document in his possession is presented and deli ver If he relies of his case, on any other he shall enter the document document whether such c10cument in a list, they fall within the documents are not so produced or entered leave of the Court, unless (b) Similarly, any documents upon which his defence or claim to set off the defendants is Rule ,1 require Order VIII, to produce with his written founded.
statement The defendants must also annex to the written statement to rely in support of his defence or claim to set off, whether a list of all in his possession documents .on which he intends or power or not.

(c) Order XIII, Rule,l, documentary evidence lays down that the of every description parties in their shall produce possession rely and which had not already the documents if good cause stage unless to'be at.

a later produced.
a later produced.

been filed are not so produced at shown to the satisfaction the first of hearing the Court.

is in Court and all at hearing the first or power, on wh,ich they suit to documents which the Court has ordered they cannot be produced the intend of of docwnents.-Whenever or written 38. list with the plaint in the form given below.- In column 3, with i.e.

whether' as the case may be.


statement, any documents are produced by the parties or at a later the Court stage, should note in the course ofa suit, whether they must always be accompained with a list in which the document was dealt to the par~y concerned" or impounded, the manner it was admitted in evidence or rejected and returned In the Court of ----------------- -------------- at District Suit No.
------------------- of 198 Plaintiff under Order X1II:L Defendant ------------------------ of documents produced with the plaint the (or at list (or defendant) Defendant first hearing) on behalf of the plaintiff' Description any of & date if the document What the document is prove.

intended to What became of If brought on the record, mark put on the document.

the exhibit date to party of the document If rejected return of & signature party to whomthe document was returned.
or pleader Remarks Note :- list the in above form for all Judiclal Officers should instruct documents intended all petition writers to be produ.ced in Court.

practising Signature of party ,or pleader list.

producing to prepare in their Courts the forma 11yea 11 upon the part i e~ at the fi rst it has done so.

Forms have been prescribed dcocuments to-their should The Court the parties 39. and should make a note that of forms as well as the answers noted.
for that the plea frequently they had brought with reference any time are not at available, the quest instructions If these j:}ut forward by ignorant the documents at the first and these ion prescribed at'e strictly by the High Court heari ng to produce thei r documents for the examination the printed used.

If shou'ld be asked and the questions be nojustificatio!1 out, there will should be invariably therein carried litigants hearing with regard to the late but were not called production upon to produce.
of a document ' of the initial during course evidence stage the documentary 40.

DoCUlIIefItsproduced at a later at of a suit evidence the of be strictly t he nature or not and the reasons of a document being in pos~ssion itself for Order XIII Rule r. The Court must cases, the document sought given for observed and if any document of d sufficient it decided to admit reason relied it.
if stage.- The 'above provisions with regards are to minimise the Sl!it the earliest intended to give as well chance.s of the as the production fabricatipn of the documents of documentary possible notice to, each party upon by the opposite party.

These provisions should, is tendered ata later should consider i.e.

whether suspici on-about its stage, there the Court is stage, at or agent of a party the proper before on whose behalf therefore, carefully genui neness it.
The fact is not u'nder in such admitting is it time, the documents tendered prescribed' to be produced' after-the reasons admission for of to be produced its non-production of d servant allowing the document its record 2.)

rule always (Order XIII, .41.

DocUl'lents with suspicious a well -be, presented founqed supicions Should any· document which has been p.art i any appearance should should be impounded under order XIII,o: Rule '8.
TheCoort agai nst been executed 35 of for on uJ'lstamped or Iridi an Stamp Ad, 1899. insuffi'cieiltly the offender the offence.

fradulent Similar the .of appearance or executed on unstillllPted or erasedorinterl in-sufficiently i ned which otherwise presents a note should be made of at any time in the course of' proceedings, a]teration or forgery shoold alsqconsider subsequently to file ly •.

shoUld any document be presented which appears.

stamped -;paperaction should betaken arises.


sta.ped papers.- a supici ous the fact and the document to proceed to"have under Section 33 and a complaint 42.

Distinctions between tIere productions.adlriss1on tn evidence.

"';Cotll'ts ion' of documents and their between mere product opposite placed are duly admitted producing on the record them.

or provedaccordingtolaw.~he~,doc~nts subject in evidence being form a part,of to their (Order XIII Rule 7).
adll11ss10n ineviden.ce are 'produced' bythe.partiesfthey 'admitted ln evidence'in should be careful being either after' to distinguish "admitted" by are only t~mpQrarily due course.

Only documents which to the parties the record while the rest must be returned of doc~nts.-'fvery tn the manner' reqUired 43.
Exhibition by the Court prodocedbytheplaintiffmay by the defendant by Order XIII, Rule 4 and marked with an "exhibit document' admitted in evi dence' must be endorsed and sfgned ori nit i a 11ed nuDlber".

Document P,;,2 etc.

while those produced of Order compliance with the provisions P~,1, Exhibit be conven.iently marked as exhibit strict as Exhibit 0-1, 0-2, 0-3 etc.

To ensure the XIII, Rule 4, than one occasion, wlth a rubber.

stamp in the followng form:- importance e.g.


of which has been emphasised by their Indian Law Reports 38, Allahabad 627 page 633) each Revenue Court should be supplied the Privy Counsel on more lordship of --------------- Suit No Title Produced by on the of 198 Plaintiff day of VIS Defendant 198 _ _ Natur'e of document Stamp duty for Rs.

Admitted as Exhibit No.


The entri~s the si9nature under upon it Section them are supplied with these are required 33 of the in the above form should"be filled of the ~evenue Officer.

to be entered in order Indian Stamp Act of 1899.

Revenue Officers should Details as to the nature that Courts may not neglect in evidence of document and the stamp duty paid imposed on them by ~o subordinate all Courts the duties see that in at the time when the 'document is admitted stamps.

44.
44.

OOcument5how to be dealt with at the trial.-£very document which a party intends is against evidence his not on the record, case.

If a document has been placed it must be called his opponent, must be formally on the tend.ered it record, by him in evidence can be referred in the course to for the purpose.

from and produced by the person in whose custody it is.
to use as of provin9 it- is If No application for and the Court the production is satisfied ofa Court record the production should of that be entertained the origlnal it unless 1.S necessary support~d is (Order XIII, by an affidavit ~O).

Rule 45.

Documents adlllitted by the opposite party to be endorsed and nUlllbered.-If to (he docllmt>nt being admitted object officer with his 'own hand and, as evidence, the to be read and then endorse in accordance with the document judicial "that is proved.
evidence law before is revenue officer It if in evidence,ao'endorsement to that the document will admit it, and stamp it" in the manner already cause or it, is not such as is forbidden so much of described.

is so endorsed it to be remembered that and ~tamped.
The endorsement l"e word "proved" has been led about it, and does not implypr09f the opponent does not effect must be made by 'the revenue to be used by the legislature it as the parties may desire, Otherwise, and stamp will used in the context sense.

in an absolute it must be proved show that here means (b) Document objected to by the opposite being admitted in evidence or in other words is that which the party tendering is to be, admissible authentic,.

legally it The later- question, by.


such test in general imony as the party the Code of Civil,Procedure 'either to.,jnspect·thedocumets hours be fjiven,oo costs specif.jed An the notice from the t.ime fixed for.such'inspection of proving is given and the admission is, withoutsufficient the expense of proving of and 'stamping caused by neglect endorsing the document of document foregoing the document mpst bear Inconvenience asregar-ds to its by it.
e 'be' supported party objects is authentic suppDsingit to be effected as arul XII.

Rule 2, of party other forty-eight· ,within unless such notice the other hand, notice to admit 46. direction the fi le const itute to in thejudgetnent times altogether absent.

party.-If, two questions on the document, being tendered, commonly arise; it in evidence represents it as against the party is·a m.atter of argument orily; but can add~ce.
Itma.y be noted here that, through time party may, by a notice a specific at the genuineness should ordinarily first whether ",ho is the opposite the document to be, and secood whether sought the first must under Order the invite and admit, that and if on the Court and p'lace, of such document; be ·allowed; cause, withheld, the party refusing it Whatever may be the result direction.-Owing.

is often impossible to the neglect it of the suit.


the of foregoing to say what paper.s on from publ ic or private records or accounts.

referred are often found to be not proved according.

to law, and some- relevancy as possible, 1 of the docu.ents.-All be promptly disposed legal objections of and the Court as to the should 47.

Qldection as· to theadlissib1lity of a<klissiMlity carefully of a document note the objection should, raised .asfar and the decision thereon.
the true as admitted~in record; copies of extracts evidence, The court is also bound to consider, suo motu, whether any document sought to bE pr01Ed is r~·~:~·: and whether there is any legal objection to its admissibility.

There are certain classEs of dOCj~~r:s which are wholly inadmissible in evidence for certain purpose, owing to defects such as want of r.egistr?tiv etc.

(see e.g.

section 49 of tt,e Indian Registration Act.


There are others in which the defect can t;e cured, e.g., by payment of penalty in the.case of certain unstamped or insufficiently stamped documents.

i.e., the document 48.

Mode of proof of documents.-As regards the mode of proof., the provision of the Indian Evidence Act should be carefully born in mind.

The general rule is that documents should be proved by primal'y in original and proved.
If secondary evidence evidence, is permitted, the Court should see that the conditions under which such evidence can be let in exist.

If an old document is sought to be proved under section 90, the Court should satisfy itself by every reasonable means that it comes from proper custody.
Under the Banker's Books Evidence Act, 1891, certified copies can be produced, 'insteao of the original entries in the Books of Banks, in certain circumstances and a similar privilege is extended under section 26 of the Co-operative Societies Act, 1912 to entries in books of societies registered under that Act.

itself should be produced 49.

Examination of witnesses identifying documents.-There in mind when the signature or attestation of a document is sought to be proved.
are certain points which the court sholl1d bear Before a witness is allowed to identify a 2ocument, he should ordinarily be .made, by proper question- 'ing, to state the grounds of the knowledge with regard to it.

for instance, in he.


is about to speak to the act of signature, he should first be made to explain concisely the occurrences which led to his being present when the document was signed; and if he is about to rec09nise a signature 'on the strength of his knowledge of the supposed signer's handwriting, he Should first be made to state the mode in which this knowledge was acquired.

This should be done by the party who seeks to prove the document.
It is the duty of the Court, in the event of a witness professing ability to recognise or identify handwriting, always to take care that his capacity, to do so is thus tested, unless the opposite party admits it.

50.

Signature by the pen of another.-The signature of one person which purports, or which appears by the evidence to have been written by the pen of another is not proved unt i1 both the fact of the writ ing and authority of the writer to write the same on the document is proved.
In the case of an illiter'ate person, it'shou1d be proved that he understood the contents of the documents.

51.
51.

Proof of registered documents.-Attention is invited to the proviso added to section 68 of the Indian Evidence Act, 1872, by Act XXXI of 1926, which lays down that it shall not be necessary to call attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provision of the Indian Registration Act, 1908, unless its execution by the person by whom it purports to have been execute(l, is specifically denied.

52.
52.

Certified extracts from settle.ent records bearing on the case should be placed on record.-It frequently happens that, although the Wajib-u1 Arz or Riwaj-i-Am or other revenue record is referred to by the parties' and by the Court itself, as affording most important evidence, there is no certified extract or copy with the record of the entries relied on.
Not only has there been no formal proof of such copy, but often, when there is ariycopy at all, it is incomplete, or so carelessly written as to be un inte 11igib 1e.

It becomes necessary to call for ori 9ina1 s, thus caus ing damage to the records themselves, and delay and inconvenience to the parties to the suit.

It is the duty of Appellate Courts to see that the Courts subordinate to them have proper extracts or copies of re19l1an1:entries in Settlement records made, verified and placed in the record.
53.

Revision of Record before judgement.-(1) It is the duty of the Court before proceeding to judgement.

under Order XX, Rule I of the Code of Civil Procedure finally to revise the record which is to torm the ba<;is of its judgement-and has been formally admitted in evidence and nothing else.Any papers still found with the file, which have not been admitt'ed in evidence should be returned to the parties.
to see that it contains an that ., (i1) Dgties of appellateCourt~Oft ate Courts should examine records of the cases coming before them on appeal with a view to satisfying themselves thatsubordtnate Court h'ave complied- w.iththe provisions of t~e law on the subject and should take serious notice of the matter when it appears 'that 'any'court ~as failed"todo's~~ such ••Uers.-Appe11 .<-"';'X ., '-.'

_ '.
_ '.

;;.r,,,,H.,,JIettJnt iof:'_.ll1ti~.,.Oocumentsadmitted;· hl'evitien:cecan: .be'returned· "to the'.Pe.rsons,produc1~~ ,,~...;; ~-~'.

578 them subject to'the provisions of Order XIIf, Rule 9, If an application' is made for return of a document produced in evidence before the expiry of the period for 'filling an appeal or before the disposal of the appeal (if one is filed), care should be taken to require a certified copy to be placed on the record and to take.
an undertaking for the production of the original, if required.

SECTION H-PRODUCTION OF REVENUE RECORDS (Chapter 9 Volume I ibid) 55.

Requisitions of appellate Courts to be sent to Deputy Ca.-issioner.-Requisitions by Commissioners or the Financial Commissioners for original revenue records will be addressed to the Deputy Commissioner, who will take measures to transmit such records to the court calling for them.
Such Court will be responsible of the records, and if, in any case, a record is found to have been damaged in the for the safe custo~ Court of the Commissioner or Financ;al Commissioner, the Deputy Commissioner will report the fact to the court concerned and to the Financial Commissioner within twenty four hours ~f its being returned.

56.
56.

Production of records'in appellate Courts.-Original Revenue records will be produced in Courts of first instance by the Kanungo, or Patwari Moharrir in accordance with the instructions contained in Chapter 9, Volume I, of the High Court Rules and OrderS.
Briefly, the procedure to be followed in such cases is under:- (i) The Court in which the suit is pending issues a summons to the Kanungo, or Patwari, Moharrir who after preparing his excerpt goes to the court on the date fixed, taking with him the revenue records from whi ch the excerpts has been compil'ed.

He is t.hen placed in the witness box, Counse 1s thus have the opportunity of comparing the excerpts with the original, and of examining him on any point they choose.
(ii) Parties who desire to summon the Kanungo or Patwari Moharrir as a witness with his records must be required to state succinctly and in writing the point on which jnformation is required and the application must be sent along with the summons to the Kanungo or Patwari Moharrir.
The Court must see that the appli- cation is in a readily intelligible form befor~ they issue it, and the practice where it occurs~ of sending for the Kanungo or Patwari Moharrir to tell what is required must be discontinued though Courts may also issue written instructions or supplement or correct the applications.
(iii) Courts must be on their guard 'against using the Kanungo or Patwari Moharrir for purposes for which he is not int~nded, e.g., he is not to be required to give opinions, he is not to be used as local commissioner, or to be asked to provide instances in support of or to refute an alleged custom.

Courts must also see that if, Special Kanungo or .Patwari Moharrir is required, he is summoned for the first hearing after issues are framed, and not, as some times happens at present, at the end of the Clse.
They must also never fail to ask him on oath whether the excerpts is in accordance with the revenue records.

(v) The excerpts prepared by the Kanungo is not evidence unless proved and cannot be used as such.

He cannot be allowed to go to outlying Courts because he cannot take revenue record with him and without.

It is, however, very desirable that outlying Courts them, there would be no check over his excerpts.
should be able to utilize the Kanungo, and as the best practicable method'of securing that object, Presiding Officers of outlying Courts may issue either interrogatories for the Kanungo or an open commission to a senior official at headquarters ordinarily and, unless there is some special reason to the contrary, Revenue Assistant or an Officer not below the rank of an Assistant Collector I Grade.

This official.
This official.

who will have other duties and is described in the instructions appended as the officer incharge, will the".comply with the directions g.iven, summon the Kanungo record his statement on oath and make the returP to the Court.

In this connection, attention is drawn to Order XXVI Rule ,18(1) of the Code of Civil Procedure.

This issue of a con~ission should not become a source of unnecessary delay, and the officer-in-chargF.
t~e absence of very strong reasons proceed in the absence of parties if, they do not appeal'.

shouldip Part.ies should be informed that their appearance at headquarters is opt iona 1 if interrogatories are issued, / .

57.

Duty of Court in such .atters.-In every case, it is the duty of the Court to insist; (a) On the plaintiff filing with the plaint the statement referred to in.paragraph 14 supra.

(b) On· each party filing certified copies or extracts of all relevant entries on which they rely.

58.
58.

Duties of appellate courts in calling for revenue record.-Appellate Courts should refrain from calling for an original records unless it it absolutely necessary for a determination of the case and if the necessity arises from the neglect of a court of first instance to comply with the .instruction here issued.

of administrative such court should be severely in it.

vested control dealt with by the appellate court in the exercise of the functions unnecessarily; ·on the case 59.
Inconveniences of resulting relevilntentries"ioconvenience fora records proper decision to- produce original necessary {:oph!

's or extracts required evidence are made to revenge records which must be called themselves moreover often sustain Department may be delayed same time.

oftne more important su its by RevenueCou.rts:; must be freely available interests records <If districts of the Revenue authorities standi ng records to courts, by thefr in land.
injury that (roIII • .,.Where Revenue- Courts ne-gfected to make the parttes (1) is caused' a'1d (2) is not actll.ally tM appeal to appellate to' the Revenue ;lluthorities supply proper in->being that all references ·canbe di'!cided.

The revenue records record ,and t~at from the fact o!
'!the court for before in being sent from Court .being retained for one of for the requ.irements of such courts .must be cQmplied with; should 'clearly is to supp l'y rel i aple rights engaged in investigating and d~ciding questions by Revenue Courts.

At to Court.

while the work of long periods understal'Jd that evidence the Revenu~ the the chi-ef obj:ects the dectst'On ''Of 1and such re.cords and that land or affec.t~ng 60.
Deputy Conlissioners to bring to the notice of the Financial CoIl(Iissi.oner fails proper who systematically prepared to take to the manner in which or.iginal should bring to the notice of the Financial Cornmi'ssioner through the usual channel.

who fails with the orders tbe revenue records to comply with the orders on the subject.-The toca.ply notice are to be referred on the subject.
of any Revenue Court which disregards Financial action of to and Deputy Commissioners the case of anyoffic~r Commissioner will the directions be as as Collectors.

the case of any officer SECTION-J ATTENDANCEOF PATWARISIN REVENUECOURT (See Chapter 5-8.

Volume· I ibid) 61.

Pat.aris not to be unnecessarily Patwari s are not to see that in the vi llage record and annual papers.

of the records office.

to perform.
courts to attend they shou 1d not be called in the district and that away at the discharge duties except wilen exami nat i on as witness of It these s~ned.-Officers summoned .unneces~arily information to gi ve merely formal as to which could be as well should be remembered that Patwaris over Revenue Courts evi dence ,obtainedl should be carefui regardi ng entries from an inspection duties have very important presiding times presumed for harvest should not be allowed to be hindered It J s of great i s really i ri view of necessary.
ions inspect these by.

making them that importance consideration.

not 62.

Pat.aris not summon Patwari are going on, Patwari of be decided by the Revenue Court.
the courts evidence and the (except to be sURllOnedduring girda.ari in case of great urgency) should be summoned only when their of the Kanungo is ti-e.-Officers should presiding crop g.irdwaris durfng the times when the prncipal in the opinion necessary is absolutely The question whether urgency exists will over Revenue Courts presence insufficent.

63.

P~t.aris attendance.-When referred the as possitle.
A certificate to a summons, showinq the date of his to which the Patwari such court tehsil to, to be sUlllROnedthrough the Tehsildar.

a Revenue Court requires the 'Courts to furnish·Patwaris.ith certificates attendance of a Patwari at a time other than that should forward the summons to the Tehsildar belongs.
should be furnished The Tehsildar should by the Court as principle revenue summons with as to every Patwari, who attends serve the showing a50ve ~f authority little delay in obedience appearance before the Court and date on which he was relieved.

in progress, by COIIIIission.-When a Settlement is to give 64.

During Settlement is undesirable especially arE required snuJld Ci, i ~ Procedure.
but to to ordinarily any wish expressed usually Patwaris that to be ex.ined Patwaris should be summoned to attend evidence which cannot be contained in the man~r be obtained by the Such Commissions ordinarily issue of a Commission under order XXVI, Rule 4(1) be addressed to the Settlement on this point by toe Settlement Officer should be responded allowed for the execution of a commission should be arranged indi-cated it in the Revenue.
Courts when they this I, the Code of the in par.agraph (c) of of and the period with him.
in consultation ',ehsildar tehsil, to, T':E Revenue Court issuing been "djourned, tI1e (nmrnission by that of the return / ore', en t and the officer the c'bmmiss.lon should always note sent to whom the commlssion is to inform the Court, thereon should then be careful the date to which the case has to return which \~ill either the circumstances date, or the commiS5 i onwithi of n the time fi xed, and what 'further such date, before time wi 11 be reqtlired.
SECTIONK~COMMISSIONSANDlETTERS OF REQUES~ (See Chapter 10, Volume I ibid) 65.

Th.e general law a!!

to commissions and lett-er of request is c~nl~i,ned in Sectiolls ,'iOrder,XXVI 'Of the todeof·Ci.vi Lpy.,OOedure'and.thefOl"lll,.to'be·u~ed.areNo.,J.

:Dt'.8of.Appendix 75 to 78 and tLof Sdle4ul.e I ofth-e said Code.

.

"66.

Expenses of" ee-lssioners~-Appl kations for Notice of· any such appl ication should be given to the other of the Commission which should, the expenses If, sum for .
should fixa to the Commissioner.

reasons, increased be tile commission is not executed out be paid or to make any dther to be less than was expected, order at at any time the .

sum so fixed the b~ the Court, is found to be insufficent; all it will full or not sum fixed or fully diseretion' be iRthe in the matter which it shOuld be paid.

satisfactorily of think' it may, to the ,Commissioner~ but where executed the work dOne turns or to direct the Court just and proper a less amount in the circumstances.
to issue of commi$sion shoul d be made as ear lyas .theaPplication is granted, ordinarily, provide side.If possi ble.

the Court fee special a reasonable for 67.

Issue of Coallission to Revenue OffiCials.-The following directions relate to is'sue to Revenue Officials:- (1) No Revenue Court, to a Revenue of'ficial immovable property, the Deputy Commissioner.

of a grade to make a local revenue not paying' lower.
than the investigation to Government, court or to examine accounts or except with the previously to make a partition obtained a Commission of sanct.ion 'of of the CollectGr~ shall issue (i 1) ~en a Commiss ion is issued under the precedi ng rule to any Revenue offici of Tehsildar, moderate fees may be allowed by the Court with the manner in whi~h the Commission has been executed.

onerous remuneration.


to deserve issuing the Commission if and considers the services a1 below the is satisfied sufficiently such Court rendered rank Provided shall that in t"he case of a Com~ission issued of .with the approval be allowed except by a Court subordinate the Deputy Commissioner, to that and of such amount as he the Collector of no fees considers-appropriate.

68.
68.

I~sue of Connissions for local investigation it becomes necess.ary to make local for s.uch appointme~t enquiry to examine accounts (see Order XXVI), the or~er with his own hand, Should write in the course the and etc.-Wherever: or to appoint of a suit a Commissioner Revenue Officer who makes the Order specify (a) (b) way at therein.

the precise matter the reason why the in Court.

the trial evidence of the enquiry, bearing on that could not reasonably have been taken in the usual 69.
Dulies of COIIIIlissioners -so appointed.-The Commissioner's as taking boundaries to such matters the order by means ofa map or wlan~ or in writing its of and this adduced in open Court before no power to depute are including limited the maps, the parties, to the Commissioners the Commissioners alJ'd situation evidence, relative thus accounts and dispositions or both the existing to.
other to procuring reports and record subjects, evidence should be strictly reporting duties of witnesses, physical either inspected, and so on as the case may be The functions trial for and information to the Court, the subject purpose features the of of limited by of evidence made by the Commissioner must be The Court has evidence other all and placed on record the final determination like of any issue between the parties.

70.
70.

Selection of COIIIIlissioners •...Great care-'should be exercised by the Courts in selecting as Commissioners supervision for over the action of subordinate The issue the purpose of making local Courts of Commissions to petition inquiries in this respect.

same person should not be encouraged.

and Deputy Commissioner The habitual writers and persons persons should employm~nt the Court should not be permitted.
As above.- Court Readers or other ministerial in'Jestigation, be issued wherever such as' finding out possible to retired the market value of Revenue Officers k~ctioneers and Accountants.

officers the property, should never be appointed Such Commissions etc.

or professional men such as Engineers, for appointment exercise strict of the ~Iho hang about 71. to make local should Contractors, Commissioners to examine accounts should be selected from men competent accounts.
is unable even to read the script in which those accounts are written.

It is absolutely futile to issue Commission in the particular form of in a particular form of account to a person who of a request for execution in a foreign country 72. letters of request to a foreign country.~Letters should ~nvariab1y be sent though the State Government.

by a complete list They should be accompanied of questions to be put to the witness.
Translations of the letter of Request-and of the interrogatories is to be examined.

should in and cross-interogator all cases be furnished by the party at whose instance the letter of Request is issued in the language in which the Commission is to be executed and should be transmitted with the Letter of of the ~ountry Request.

In cases where both parties are to be represented _at the examination.
the Letter' of Request night further ask-that the agents of the parties be permitted to ask such further questions in examina- tion and cross-examination and of any other document about which the witness as they may be advised.

73.

As the foreign authorities responsible for executing Letters of Request.

etc •• are entitled to the payment of any out-of-pocket expenses actually incurred in obtaining the evidence for Indian Courts.

the Courts should.

therefore.


satisfy themse1v~s before sending any document for execution-that in caSE of such a demand being made the money will be forthcoming. '

SECTION L-(HEARING OF SUITS.

ADJOURNMENTS.

EXAMINATION OF WITNESSES.

ETC.)

- (See Chapter I-H. Vol.

I ibid) 74.

Notice of lay of trial and adjournment.-Notice of the day of trial reasonably sufficient to enable the parties to attend with their witnesses.

should.

be given beforehand.


It is the busine?s of the parties respectively to take all reasonable steps to have all their witnesses present in Courts on the day fixed.

The Court-should on application and deposit of process-fees within proper time.

issue the requisite summonses as soon _as possible so as to secure their attendance on the day fixed for hearing.
The day fixed for the trial should not.be changed except for sufficient cause, and in dealing with applications for adjournment the interests of both parties ought to be considered.

When the day of trial is'changed otherwise than with the consent of all parties, reasonable notice o~ the change should be given as in the first instance.

The Court should in every instance.

at the time of granting an adjournment.

record its reasons for so doing and make an order as to the cost thereof.
Reven~eJudicia1 cases espesia11y in which parties have engaged counsel should not as far as possible.

be taken up on tour without giving notice sufficiently in advance to the parties of the place of hearing.

The record should show that due notice of date and-p1a~e has been given and served upon the parties.

because the party at fault is'prepared to pay the cost of adjournment.

75.
75.

Adjourllllefltson payment of costs.-It has been observed that a number of Courts grant an adjourn- ment ~re1y Courts should bear in mind that the offer of payment of the costs of adjournment is not in itself a sufficient ground for adjournment.

The provisions of Order XVII.

Rule 3. also deserves notice in this connection.

If a party to a suit whom time has been granted for a specifi c purpose as con temp 1ated by order XV II.

Rule 3.

Civil Procedure Code.


fails to perform the act or acts for which time was .9ranted with any good the discretion to proceed to decide the suit 'forthwith', i.e •• without cause.

the rules gives the court granting any adjournment.

be granted, merely because offer is made for payment of costs •.

In some courts.

it is apparently assumed that if such an adjournment is not granted the case will be :remanded by an Appellate Court.

There are however, no valid grounds for this assumption.
has been refused because of negligence of the party concerned.

such refus~l would not in itself justif~ an Appellate Court in remanding the case.

An adjournment granted otherwise than on full and sufficient grounds is a favour and in _suits favour can be shown to one party only at the expense of the other.

If the record makes it clear that a further adjournment In such cases a further adjournme~t should not ordinarily Subordinate No hard and fast rule can.

however.

be laid down.


Each case must be judged on its own .merits.

76.

Witnesses should be ex_ined on the day on which -they attend.-Revenue Courts should endeavour to hear the evidence on the date fixed.

much expense and inconven ience being caused by postponments ordered on insufficient grounds, before the witnesses XVII.

Rule I. of the Code when the hearing of the evidence has once begun.
the-hearing of the suit should be continued from day to day until all the witnesses in_attendance have been examined unless the Court finds the ad- journment of'the hearing to be necessary for reasons to be recorded by the presiding own hand: in attendance have been heard.

Under-Order officer with his in Court by either: party is closed such party shall be distinctly 77.
Court.to note when each party has closed his case.-It is frequently urged in appeals that a party has had a witness in attendance whom the lower court has omitted to examine.

It is often impossible to ascertain from the record whether this is the case and it would be equally impossible to ~scertain it by a remand.
It is, therefore, directed that, as regard both plaintiff and defendant, when the examination of the last witness produced asked if he has more witnesses to produce; that the question, and reply shall be noted on the record, and that if more' witnesses are named, the Court shall either examine them or record its reasons for not doing so.

If either party stated that he desires additional witnesses to be summoned, the Court should record the fact of the application and pass an order thereupon.
of witnesses how to be conducted.-In questions ought to.

be put in 'ale'~dlngform as to induce a witness, other than an expert, to state" a conclusion of his reasoning an impression of fact or a matter of belief in the place of describing what he actually observed.

The question should be simple, shouJd be put one by one, and should be framed so as to elicit from the witness, as bearly as may be in chronological order·, all the material facts to which he can speak of his own personal knowledge.
A general request to a witness to tell What he knows or to st~te that fact of the case should as a rule not be allowed because it gives an opening for a prepared story.

Where the party calling witnesses is not aided by a counsel, and is unable himself to examine properly his witnesses he may be asked to suggest questions and the examination may be conducted by the Court.

the examination of witnesses, 78.

Ex.ination 79.


Cross eXilllination.-Whenthe examination-i'n chief is concluded, the opposite side should be allowed the witness, or if unable to do so, to suggest questions to be put by the court.

In leading questions are permissibJe.


to cross-examine cross-examination Re-examination.- Then should fellow, if necessay for the purpose of enab 1ing the witness to exp 1ain and to aid such further facts as may answers which he may have imperfectly given on cross-examination be admissible for the purpose.

80.
Question by the court.-When the examination, cross-examVnation are conducted by the parties or by their pleaders, the presiding officer, ought not as a general rule, to interfere except when necessary, e.g., for the purpose of causing questions to be put in a clear and proper shape, if or chec~i ng improper questions, and of mak inga these have been reasonably well conducted, he ought to know fairly well the exact position of the witness with rega;d to the material facts of the case, and he should then put any questions to the witness that he thinks necessary.
The exami nati on, cross-exami nat ion, re-exami nation and exami nati on by the court (if any) should be indicated by'marginal notes on the record.

preci se answers, at the end, however, and re-examination witness· g've SECTION-M-JUDGEMENT AND DECREES 81.

General instructions as to the judge.ent.-When the trial in Court is over the Revenue Officer should proceed at once, or as soon as possible to the consideration of his judgement.
It isentirely nece- and their individual characteristics ssary that he should do so while the demeanour of the witnesses are fresh in his memory.

He should bear in mind that his first duty is to arrive at a conscientious conclusion as to the true state of those facts of the case about which the parties are not agreed.

The oral and documentary evidence adduced upon each issue should be carefully reviewed and considered in the judgement.
decision The jUdgement should con~ain a concise statement of the pleadings the points for determination, thereon, and the reasons for such decitdon.

The judgement should be dated.

and signed in open Court at the time of -pronouncing it, and should be p'ronQ1Jncedin open Court at a time fixed for the purpose.

When a judgement .••.tttenby: the Presiding Officer with his hand, every page of such judgement should be signed by him.

It should contain the direction of the Court as to costs.
isnot in a clear and legible manner.

82.

Evidence and final order to berecorutd (when not type-written) should always If they are not so liIritten,such a copy should be made and be written placed with the record.
When a ~evenueOffi'Cer has occasion to decide 'any case in accordance with any rules or order of Government or of the Financial Commissioner, or any section of any Act of the Legislature, he should make a reference in recording his Order he in his' order to such rules, orders Of' Acts~and shQUldas far as possible use the actual wording of s~ch rules, order or Acts.
,legiblY.-Judgements 'r,' ~- \83.· ..lQdge are !lIt--S.-.st·,be:Mitten __ '"~'wlthfR'14:d.';frw';the-'\date·,_;·_tdF.~ts ,·~..-lnst8flC..s,hav~.occl,lrredofjudgeltre.

"tmrtbe i1'MJwritten unti l a-ctwl$i'clerable ·tilllE!

after final arguments isopei,;to.gr ••.ve object,ion.

and in any case, in which judgement illa/case"'~havetieenheard.ThispracHee is not written tion of is not meant as arguments and pronounced within the delay must be furnished to encourage have been hea~d.
judgements; 14 days from the date on which arguments were heard.

by the subordinate on the contrary, Court concerned judgements a written expla-na- to the Deputy Commissioner.

This as soon be written should ordinarily It is only in the exceptional at once, that give judgement case where the Court has to consider many rulings and cannot conveniently there is any justification for judgement being reserved.'

84.

Decree.-The decree It must agree with the judgement.
;Should be framed by the Revenue Officer with the most careful but al~o precise and not only complete in itself its object.

in its I-t should and what eachpartyeffeeted made by it must be concise.

terms.

specify by it.

yet clearly is ordered to do or and (jistinctly the nature and exte'1t relief from doing.

Every declaration the of to forbear accurate and every injuction.

simple and plain.

to attention and definite granted.

of right following 85.

Standard classes I.

Claims II.

Claims III.


Claims fonms of decree of Revenue Court cases prescribed in certain have been prescribed cases.-Standard forms of decree for use in the by the Financial Commissioner:- of occupancy.

for right to contest for enhancement of notice of ejectment.

rent.

86.

Powers of the Court or appeal, the powers which such officer responsible is the exercised in hearing to be disclosed.-Every that record.
the final judicial'officer order or deciding of hearing judgement such suits.

or deciding and the decree.

proceeding a suit.

proceeding di~clos'e shall or appeal.

87.

Preparation of decree.-The following directions relate to the preparation of decree:- (i) In decrees be given at once or after is executed decree for (ii) In Appellate possession of agricultural land.
it should the removal of any crop that may be standing be stated whether land at on the to possession the time when the is or on or after any specified date.

Courts law, language the and shall direct In each case.

used in filing that in which a.. decree the decree of in the decretal by the "aside" so as to make the appellate or "revised".

recGgnised action \'varied"set be recited.

granted on appeal.
granted on appeal.

order as to obviate misunderstanding in lieu of that originally the consequential relief shall be so worded as to be capable decretal ,order complete in itself'.

granted shall be fully granted to the successful of execution without and accurately party on the part of the persons concerned.

the In varying order.

the lower court affirmed.

is shall' be either terms a decree.

conform to the "af'firmedll shall the relief set out.
Where a decree is reversed Every decretal document and so be stated.

to any other similarly thereof reference (i ii) WhE!

"any parties '-,'.

see that their names.

are properly are added or .

substituted shown in the decree-sheet.

in the course of the suit.

care should be taken to the 88.

Decree based bn cQlPra.ise.-When terms of compromiSe to 'be Procedure Code.

and then pass shoul d order Rule 3.


Civil compromise goes beyond the subject matter to the Lordships of 244 andILR 18 Ca1485) Should be followed.

the Privy' Counsel suit.

As regards the proper' of'the form of decree a decree is to be passed'on the basis recorded a decree suit.

in accordance<withthe in accordance with the terms.

When.

however.

a decree can be passed only in so 'far of a compromise.
the court provi s ions of Order XXIII the as it class in 'Hement Kumari Devi versos Midapur Zamindari Company' (46 IA 240 and the direction of cases.

in the latter of related their When any of to-their is basiS of a decree.

benefit the part i es to the case a finding and record are, min'ors care shoul~: be taken to see whether to that effect'if the compromise is sanctioned the compromise and made the SfCTIONN-APPEALS (See Chapter 14.

Volume 1 ibid) 89.

General.-The instruction contained in Chapter,14-B.
and 14.,.0 of Volume I of High Court Rules and orders shouhl1:le observed l)1utatis mutandis by all Revenue Appellate Courts.

The provisions to dispose Court 584 of Order XLI.

Rule tI.of the Code of Civil Procedure.


whiCh enables of a registered appeal by confirming the decision of the lower Court on a fixed the Appel1at~ date of the appellant, without sending for the records and 'without sUllll10ningthe respondent in presence a very important one, and Appellate respondents put to unnecessary trouble and,expense by the indiscriminate in all cases.

It should be observed, -:odethe confjrmation must be notified to the lower court.
Suchconfirmation in section 2 of the Code, and being as such, ~ppealab1e, of Order XIII, Rule II.

disposed of under the provisions is Courts should be careful to see that its object is nQ.t defeated and issue of notice to the respondents is confirmed under Order XLI, Rule II of the with'in the definition of 'Decree' a forme1 decree should be framed in every case that when a decision 90.
~opy of decree to be filed.-Appe11ants should always file, with the petition of appeal and the copy of the judgement copy appealed against.

a copy of the decree appealed against.

91.

Vernacular copies of English order not Required.-It is not nec~ssary in Vernacular a copy of the order in English, on duly stamped paper, without its counterpart (Hindi) as well as in English.

Where English order is the original to file coples of orders it will suffice to file in vernacular.

(Hindi).

92.
(Hindi).

92.

Te~ -Appellant- of the words "Appellant" and "Respondent", belong to different appealing and "Defendant" throughout side Appellate their proceedings.

and -Respondent- not to 'be used.-As confusion arises from the use in 'two successive Appellate courts, especially when the parties Courts should not use these terms, but always "Plaintiff" If the latter terms are used no mistake can possibly arise.

frequently 93.
frequently 93.

Appellate files tran~itted invernacular.-In should not be transmitted in case of importance, or general interest.

under English docket or covering case of appeal to the Financial Commissioner files letter; nor will they be so returned except 94.

The following rules are made by the Financial COllll1issionerin regard to the transmission of Appellate Court~ orters to lower Courts:- (1) The COIlII1issionerwill send copies ,of al!
his Judgements transmit the copies to the.original court for.jnformation to whom the original records will be sent at once.

on appeal to the Collector.

who will and return direct to the Record-Keeper.

(ii) The Collector will similarly send copies of all his judgements for information sent at 0'1ce.

and return direct to the Record-Keeper.

on appeal to the original Courts records will be to whom the original 95.
Death, -arriage parties to a revenue proceeding, cause the proceedings power to make the successor or insolvency of parties.-(1) or in a proceedin~to In Revenue Officer's cases, death of one of the which a female is a party, her marriage does not is held shall have in interest of the deceased person or of the married female a part thereto.

to abate.
to abate.

And -the Revenue Officer before whom the proceeding is laid down in Order XXII, Civil Procedure (b) In Revenue Court cases, the procedure to be followed in the event of death, marriage or insolvency of partie~ Code.

Proper steps must be taken to bring the in the case of a person who is declared legal representatives an insolvent) on the record within the period of limitation.

Otherwise the suit is liable to abate, who1~y and a formal order of abatement, though or partly in certain cases.
The abatement take place automatically not essential, by the aggrieved t>arty, if sufficient cause is shown (Order XXII, Rule, 9).

should be recorded.

on an application can be set-aside of the persons The abatement (the Receiver concerned There is no abatement if a party dies after the conclusion of the case but before Judgement.

cases judgement was alive.


may be pronounced and will take effect as though it had been pronounced In such while the party In certain cases, the abatement of a suit against as one defendant results in the dismissal of the whole suit.

Reference may be made in this co~nection to I.L.R., 10 Lahore 7 (F.B.).
96.• Rent su1ts.-Para 804 of La~d Adm.inistration Manual and Section SECTION-P-MISCELLANEOUS Land Reforms Act, 1972 should be strictly observed and in case no application is put, in a note should be made by the Court that the tenant was so directed.

51(1) of the H.P.
51(1) of the H.P.

Tenancy and for grant of compensation In suits for enhancement state in tabular form in its of rent the Revenue Court should invariably judgement the area involved and the present land revenue, and cesses, together with the rent or ma1ikana as the case may be.

If there has been a recent re-a%essment cesses and malikana (if any) should be stated also.

of 1and revenue the previ ous 1and r'evenue 97.


Tenure to be accurately described.- The attention of the Revenue Officers is invited'to the necessity of describing a,ccurate1y the tenures dealt with in their administrative and judicial proceedings.

It' is very COl'lllllonfor an undivided share in a holding to be described as if it were a stated area of land held separately.

Care should be taken to eliminate misdescriptionsof this nature from revenue proceedings.
If a person holds an undivided share in land his interest should always be so described; and the use of words which imply that he holds separately a definite area should be carefully avoided.

Plaints, applications and reports which contain errors of this nature should be returned for correction.

98.

Surveys and boundaries.-When time has been granted by the Civil Court to party in suft for the purpose of making an application under Section 107 of the H.P.
Land Revenue Act, 1953·and such application is made, the RevenueOfficer"shou1d endeavotJrto dispose of the application as promptly as the cin:umstances' of the case will allow.

99.

References to High Court Under Section 81.-Direct references to the High Court of the kind provided for in section 81 of the H.P.
'.Tenancy and Land Reforms Act, 1972 be made by Commissioner and Collectors, and the rules published in Chapter 15 of the Rules and Orders of the High Court Volume-I, should so far as they are applicable, be observed by Commissioners and Collectors in making these references and all Rev~nue Courts should similarly observe these rules in making these references under Section 80 of the Act ibid.

100.
100.

Court hours holidays and cause 1ists.-The attent iOR of Revenue Officers is invited to the instruct ions 1aid down in ~hapter I-A of the High Court Ru 1es and Orders, Volume I, in regard to the l1'~ansto be adopted of informing litigants of the hours of business of Court holidays and cause lists, with the object of reducing the number of dismissals of cases in default of appearance of plaintiffs or appellants.

Revenue Courts and Officers should conform to the practice thus laid down for Civil Courts.
101.

Petition Paper.-With regard to the paper employed in formal petitions to Revenue Courts and Officers, the practice of Civil Courts should be followed.

The paper required should be obtained by Collectors quarterly on regular indents.

The paper from the Deputy Controller, H.P.


Printing and StationerYShim1a is to be sold.,to the public at ten paise paper sheet, and the rules for the supply, custody and sale of non-postal stamps given in the Punjab Stamp Manual apply mutatis mutandis to the water marked petition paper.

102.
102.

Preparation of Records, size and quality of paper.-Instru'ctions for the preparation of Revenue Judicia 1 Records and the size and quality of paper to be used in all Revenue Courts and Offices are reproduced be10w:- 1.

Petition paper to be used for all copies,petitions instructions conveyed i.n Chapter 16 Part-A, Ru 1e-1 of the Rules and Orders of the High Court, Volume IV, regardi ng the use of the standard pattern .water-marked plain paper supp1 ied by the Dy.
Controller of Printing and Stationery H.P.

should be strictly followed in,Revenue Courts and Offices.

All copies of Revenue documents and all applications and petitions should be written on this paper, and copyists and petition writers should be required to comply with this direction.

The paper is to be used and ~eptf1atatitsful1size(13t"x81").

and applications.-The 2.


Official foolscape paper.-The official full scape half-sheet, which is very nearly the same size as the petition p~per alluded to in the last paragraph should be used for all English portions of the record; and should also be kept flat.

3.

Unbleached double fool-scape Raper of 24 1bs.

should be used for the autograph records of officers who do not write their record in English.

For ordinary purposes, paper of 20 lbs.

should be used.

4.
should be used.

4.

Instructions to prevent waste.-In order to prevent waste and injury and improve the vernacular (Hindi) records, attention should be paid to the following matters:- (a) In all cases depositions of witnesses should be written continuously instead of on separate sheet, a clear space of 3 and 4 inches being left between the end of one and the begining of the next deposition (if on the same sheet).
(b) The practice of writtngorders and 0tJ1er matters across the top and along the sfdes of a page should not be avotded.

.

(c) 1.nall v~rnacular p'roceedings an eighth margin should be left on each side of the paper, so that wriMng'should not be obliterated by fraying at the edges.

(d) Files in use in Re"en~e Offices should be placed between stiffwooden.or of the size.
of the standard file whentted or tape does not fallon or of the strin case should be placed betweenjtiff or nawarinsteadofstrings, kept between stiff covers to prevent fraying, folding, etc.

but each'bundle together, the paperswittiin.

cardboard protectors, so that the strain of the Cloth or other covering not intended that the fil'e of each is to tic eacl:tfile with broad tape of files should until packed away in the Record Room, be !tis covers.
all that is necessary (e) English records and papers should be placed at their full size in e\tvelopes of the site of the file.

(n EXhib.its should be folded· to as nearly as possible the same size and placed in envelopes of the size ~of the file.

103.

All Revenue Courts are required sheet or sheets in the annexed form, in a case.
The entries are to a short abstract of every order passed in the course of the proceedings be made consecutively according to the dates of the orders, and the sheet is to be the first paper entered in the index of papers.

The entries so made ~re to be in addition to the usual record of the orders in their' proper places in the file, and are intended to facilitate.

the tracing by appellate Courts of the ,:ourse of procedure in a case.

to enter on a separate In the court of Case No. '


Generally, thi~ abstract is not necessary in Revenue Officers and,miscellaneous cases, but partltion, boundary and muafi cases are exception to this general rule.