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civil side registers in depth

(The following are the General Guidelines and not exhaustive ):

 1.Attendance Register


             The Annual Inspection of the Subordinate  Courts will be commenced by the District Judge / Principal District Judge  by verifying the attendance register of the staff members and Vacancy position of that Court. If any post is vacant, it has to be  ascertained from which date the said post  in kept vacant and whether any report has been submitted by the Subordinate Courts to the District Court. Further it has also to be ascertained from the officer as to the branch attached to the vacant post and whether  any order has been passed to hold additional charge of that vacant Post.




II. Suit Register (C.R.1)                       


   The random of pending  original suits preferably  Title suit and  Money suit filed during the period covered under Inspection have to be taken out and to verify the same on the following aspects. 

 1. Whether the Sheristadar/Head Clerk has properly initialed

2. Whether  the Court Fee  entry has been made in the Court Fee Register (C.R.19).

 3. To  verify the Court Fee Register as to whether the Court Fee paid in the Plaint and other  connected papers have been properly entered in C.R.19 and also to verify whether the initials have been obtained  from the concerned Clerks for handing over the  Court receive papers.( The Daily register of Court Fee (C.R.20) also to be verified).

 4. To Verify the Plaint as to whether the suit is properly valued and requisite Court Fees has been paid.

5. To Verify whether the  number assigned for the suit, has been furnished  in the Court Fee Register.

6. To verify whether any  Senior citizen Persons  are involved in this case or not. If Senior citizen is involved, the fact of '' Senior Citizen'' to be noted in Red ink in front page of the plaint and also in the notes paper.

7. It has to be ascertained,     whether  orders have been properly obtained in the emergent petition and other Interlocutory applications seeking emergent orders, if any filed.


8. Whether the entries with regard to the Filing of Suits, I.A. Petitions have been properly made in the Fair Diary (C.R.18) and it has to be ascertained whether the Fair Diary has been made up to date and signatures obtained properly and it has also should ascertained whether any blank is left in the fair diary.

 9. To verify the Hearing Book as to the posting of First Hearing date (C.R.17).


10. To verify whether the Index Paper has been opened and running index  is properly maintained.

11. To Verify the  Suit Register on the following aspects (C.R.1)
 i) Date of  Presentation (1st and last presentation date alone to be furnished).
ii) Date of Filing.
iii) Parties name ( both Plaintiff and defendant)
. iv) Particulars of  Claim:        In the Particulars of claim column, the  prayer of suit  has to be   furnished in  respect of Money Suits.  In respect of Title suits are concerned, after furnishing the prayer, the particulars of claim has to be furnished in presize manner.
 v) Cause of action Cause of action arose on the  First and last date and which place to be furnished . vi) Appearance of Parties vii) Schedule of Property ( if need)
 viii) To verify whether the suit is filed informa pauperis or not, if so the POP  No and date to be furnished in the Top of the suit register in Red Ink.
ix) To verify whether the nature of suit “T” or “M” has been furnished in the Top of  suit register in  Red Ink.
 x) If any fly sheets have been attached in the suit registers, it has to be verified whether the fly sheets have been properly initialed by the Head Ministerial Officer of the Court.             

12. To verify whether the I.A. Petitions filed in the above suits have been  properly entered in the I.A. Filing Register (C.R. 6)

13. To verify whether the Disposal entries have been noted in the I.A. Disposal register. 14. To verify whether the nature of orders  have been  furnished in Column No.6 of the  I.A. Filing Register.

15. If the said suit is pending service stage, it has to be verified whether how long, the service is pending.  If service is pending very long time, it  has also to be ascertained, whether the concerned Judicial Officer has passed appropriate order for causing service of summons. If need, suitable instructions may be issued to the Judicial Officer.

 16. If the said suit  is triable stage, it has to be ascertained whether Fair Issues has been drafted and “B” Diary has been  opened and maintained upto date.

17. If any Commissioner has been appointed, verify the Commission  issue Register (C.R.49) as to the date of appointment of Commissioner and whether the commissioner's Report has been filed or not.



REGISTER OF CIVIL MISCELLANEOUS CASES RECEIVED   C.R.6 

         Every Petitions should be assigned separate I.A. Numbers.  In the date of Presentation Column, the 1st and last Presentation date to be furnished.  In that Column, the date of filing should not be noted. Date of filing to be entered in the Top of Registers in red ink on every day. After disposal, the nature of disposal  shall be furnished in Column No.6.  The above aspects  to be verified during inspection



LONG PENDING CASES: 

 After  perusal of  the yearwar pendency statements, select  random of  long pending cases and verify the same with the detailed explanation submitted by the Subordinate  Courts as to why the suit is pending long time and suitable instructions may  be issued to the  Judicial Officers concerned, about the speedy disposal of the case. If the said suit is having Senior citizen person,  directions may be issued to the Judicial Officer by granting  specific time to dispose the case by posting the case  on day to-day basis.


REGISTER OF SMALL CAUSE SUITS (C.R.3):           

 Normally the small Cause Suits are filed in very rare case.  In these cases, Issues were not framed and triable in a summary manner.  The procedure for verification of registers and records to be made as per the  procedure followed for the original suits.


DISPOSED OFF CASES.             


           To select random of  disposed of  original suits preferably  Title and  Money suits, and to verify the same on the following aspects.             

 1. Whether Fair Issues  is available or not and  also to verify whether it has been affixed with Court seal.

2. Whether the issues have been framed on the basis of Plaint pleadings and Written   statement.

 3. Decree and Judgment has been prepared or not and the  same is available on record at the time of inspection.

 4. Whether the Disposal of suits  have been properly entered in the Fair Copy Register C.R.21.

5. Whether the disposals have been properly entered in the Disposal Register. (C.R.9)  (To be ascertained whether the disposal has been properly classified, the duration has been properly calculated. (The date on  which the Suit is Pending /Received by transfer in a particular Court alone  to be taken into account for duration purpose)

6. Whether the disposal entry has been noted in the Suit Register. (C.R.1)

 7. Whether the Index sheet has been completed and signature  has been obtained  from the  Head Clerk or Sheristadar.

 8. Whether “B” Diary has been completed and signature has been obtained from the Head Clerk or Sheristadar properly.

9. Whether the records have been properly handed over to Record Section after obtaining  initials  in the Fair Copy Register  (C.R.21).

10. To verify the Judgment by the Principal District Judge with regard to the discussing  of facts.  If need, instructions may be issued.

11. Whether the decree drafted is in accordance with the prayer of suit and also it has to be ascertained that the decree has been affixed with Court seal.


12. If the suit is filed informa pauperis, it has to be ascertained on the following aspects:- (i) Whether the POP No. has been furnished in the Remarks column of  Disposal Register (ii) Whether  any direction has   been issued in the Decree/Judgment with regard to payment of Court Fee. (iii) Whether the Copy of decree has been sent to District Collector.

13. If the suit is filed to set aside the sale deed or any other document,it has to be noted in the Register of Discredited Documents (C.R.25) and it has to be ascertained  whether the decree Copy has been properly forwarded to the concerned Registrar.

14. Whether the appearance  Column has been properly filled up.

15. Whether all the Exhibits have been properly sealed and Signature of the Officer has been properly obtained.

16. It has to be ascertained that, if the suit is on  pronote, supersead seal has been affixed on the pronote.

17. Whether  necessary entries have been made in the suit Register and notes paper with regard to the impleading of Parties, appointment of Guardian and amendments if any.  Further entries with regard to the restorations suits if any also to be verified. (The decree has also should  contains the details of impleading of parties and appointment of Guardian)

18. If compromise decree has been passed in partition suits, it has to be ascertained whether the decree has been drafted on  proper value of Non Judicial stamp papers.

19. It has to ascertained whether the suits have been made by day to day basis and also to ascertain whether any unnecessary adjournment been frequent, if need suitable instructions may be given to the Judicial Officers concerned.

20. It has to be ascertained whether the recording of evidence in Tamil is full legible .



ORIGINAL SUITS AND OTHER PROCEEDINGS DISPOSED IN OTHERWISE MANNER:         In the above aspects, Select random of cases and verify the same as per the 
verification made  for  the   original suits disposed in after full trial. .



APPEAL SUITS,  CMAS  & RCAS:

In the Appeal suits,  CMAs,  and RCAs random of pending case 
bundles and disposed of case bundles have to be taken out and  to verify  the same 
on the following aspects:


Court Fee Register : CR 19 


  • Court fee entry Appeal filing Register : CR 4 Filing particulars in the main register.

  •  Filing Register of Civil Miscellaneous Appeals & Rent Control Appeals. : CR 5 Filing particulars in the main register. 


  • Appeal Disposal Register : CR 10 Disposal entry Disposal 

  •  Register of Civil Miscellaneous Appeals  and  Rent Control Appeals. : CR 11 Disposal entry

  •  IA filing Register : CR 6 I.A.Filing entry 

  • IA Disposal Register : CR 12 I.A. Disposal entry 

  • Fair diary : CR 18 Entries with regard to Court Proceedings.


The filing of appeals, CMAs and other proceedings should be brought  at the 
end of Fair Diary (C.R.18) on every day. It should be made in red ink. Further the 
following aspects also to be verified.  

i) To verify the Judgment about the discussing of Pleadings. (If need,  instructions may be issued).

 ii) To verify the Decree with regard to decretal operative portions.

 iii) To ascertain whether the Lower Court Records along with copy of    Decree and Judgment in Appeal suits have been sent to concerned Court well within  the time.


iv) To ascertain whether the result of Appeal Suits/  Civil Miscellenous Appeals / Rent Control Appeals have been properly furnished in the respective Original Registers maintained  in the Lower Courts. 



OPS AND MCOPS: 


To select random of cases from each of the above proceedings and to verify the same on the following aspects.

 1. O.P. Filing Register. C.R. 2 Filing particulars in the main register.

 2. O.P. Disposal Register. C.R.12 Disposal entry 

3. MCOP filing Register. Form No.788 Filing particulars in the main register.

 4. MCOP Disposal Register. C.R.12 Disposal entry


 OPs:

 i) If any POP is allowed, it has to be verified whether the suit /Appeal number as the case may be has been assigned immediately after allowing  the POP .
ii) If any SOP  is  allowed, it has to be verified whether the succession certificate has been issued within the reasonable time.


M.C.O.Ps:

In the disposed off MCOP cases, verify any exemption has been given 
to  the petitioner for  the payment of Court Fee. If so verify the award, whether any 
direction has been given to pay the balance / requisite Court Fee and also whether 
the same has been paid after passing of award. It has also to be verified whether the 
particulars of exemption of Court Fee, Court Fee paid at  the time of filing the 
petition and Court Fee  paid after passing the award has been entered in the 
concerned MCOP Register


GWOP :

In GWOP case, it has to be ascertained from the disposed case 
records, any guardian has been appointed to dispose the minor's properties and 
whether any direction has been issued with regard to submission of accounts. If so 
whether any entries made in the GWOP accounts registers to get periodical 
accounts.    If the guardian has not filed accounts in periodical manner, necessary 
steps to be taken against the guardian. The guardian accounts should be noted in 
Civil register No.C.R.16. It has to be verified.


INSOLVENCY PETITIONS:CR -8 

In the above proceedings, there are two type of petitions viz.
1. Debtor petitions and (2) Creditor petitions will be filed.


 1. In the case of Debtor petitions the following aspects to be verified.

 i) Whether any interim receiver has been appointed immediately after taking the  petition on file.
 ii) Whether any order has been passed with regard to Gazette notification and also to verify whether the Gazette notification was effected.
 iii) After adjudicating the petitioner as an insolvent, it has to be verified whether any order has been passed for vesting the debtor property to the Official receiver for administration and for further proceedings
 iv) Whether  the time for discharge has been granted. 
v) If the petition is filed in a summary manner, time for discharge to be granted for six months. In other cases time for discharge to be granted for one year . 
vi) In a case filed under summary manner by debtor, there is no need for appointing the Official Receiver as an interim receiver. But at the time of adjudication, Official receiver to be appointed as  receiver and then  the Official Receiver  can decide whether the debtor is having property or not .  And then the Official receiver can sent necessary report to the Insolveny Court for annulling the order passed in  the I.P 
vii) Necessary steps for extension of time for discharge to be taken by either the petitioner, or the Court, or the Official Receiver. 


2. In the case of Creditor petitions the following aspects to be  verified. 

i) Whether any order has been passed with regard Gazette notification and also to verify whether the Gazette notification was effected. 
ii) If the prayer is to set aside the alienation, it can be decided in the separate petition to be filed under sec.53 and 54 of P.I.Act and not to  decide the fact in the I.P. Proceedings straight away and it has to be verified during inspection.
 iii) If the  respondent / Debtor is adjudged as an insolvent, necessary orders has to be passed for appointing the receiver for the estate of the debtor property. 


3. INSOLVENCY PETITION DISPOSAL: CR.14            


  All the disposal of Insolvency petitions should be entered in the I.P. Disposal register (CR.14). It has to be verified during inspection. 


EXECUTION PETITIONS : 

C.R.7 To select random of  pending execution petitions  and  disposed of execution petitions  and to verify the same  on the following aspects.

1. EP Filing Register. C.R. 7 Filing particulars in the main register.
 2. EP Disposal Register. C.R.13 Disposal entry
 3. EA Filing Register. C.R.6 Filing particulars in the main register. 
4. EA Disposal Register. C.R.12 Disposal entry
 5. Suit Register. C.R.1 Details of order  to be furnished in the suit register.

DECREES RECEIVED FROM OTHER COURTS (CR.15)


 To verify  whether any decrees  received from other Courts have been 
kept pending for more than one year. As per 140 of CRP, no decree to be kept 
pending for more than one year. If no EP is filed in respect of the decrees received 
from other Courts, within one year, the Decree copy has to be returned to sender.


SALE CERTIFICATE REGISTER: C.R.34 


Verify the  E.P. disposal register as to whether any sale has been 
confirmed and sale certificate has been ordered to be issued. If so, whether the 
confirmation of sale  has been brought to sale certificate register and the sale 
certificate has been issued as per rules, without any delay.



TIME BARRED E.P. RECORDS:

It has to be ascertained whether the Time Barred E.P. Records 
have been properly submitted to the District Court, Erode every year  for being 
destructions as per rules. 

RECORD SECTION:          


  The following registers to be verified during inspection. 
i) Application for return of documents (C.R.24):      It has to be ascertained whether proper order has been obtained in this register for return of documents and whether the signature has been obtained from the parties concerned for handing over the documents. 

ii) Record Issue register (C.R.55) :       This register to be rewritten once in  six months.  It has to be verified during Inspection. 

iii) Third Party Copy Application register 

iv) Register of Periodicals

 v) Consignment register

 vi) Double punching work has been made. 

vii) Appeal intimation register:           To verify whether the records have been submitted to Appellate Courts within reasonable time. If any records were not  submitted to the Appellate Courts at the time of Inspection and any serious delay is noticed in submitting the records to Appellate Courts, the District Judge /Principal District Judge may give suitable instructions in this regard.

 viii)        It has to be ascertained whether the  records are maintain in good condition and neatly arranged. 


GENERAL
1. Register of Jewels: (CR.54)         If any jewels involved in the Civil case is available with Court the same has to be entered in this register and the same has to be kept with box and it has entrusted with the custody of Treasury. It has to verified.


2. Dividend Register:CR.60       Normally the said register is used in the office of Official Receiver.


3. Library Books (CR.66):         Random of books to be taken out and verified during inspection.

4. Draft judgment:           It has to be ascertained whether all the Judgments delivered during the Academic year has been get bounded volume. It has to be verified.


5. G.Os and High Court Circulars:         It has to be ascertained whether all the G.Os and High Court Circulars received during Academic year has been get bounded volume. It has to be verified. 

6. Fire extinguisher:           It has to be ascertained whether any  precautions have been made against fire accident and verify whether fire extinguisher have been properly refilled. 


7. Cause List:        It has to be verified whether, the cause list of the cases posted on every day has been prepared and affixed with notice Board.


8.
Rectification defects and Omissions:         It has to be verified whether all the defects and omissions pointed out by the Inspection staff during last year Inspection have been properly rectified.


9. Reconciliation Statement:      It has to be ascertained whether the work of reconciliation is properly made.

 10. Pension Proposals:     It has to be ascertained whether any staff member was  retired during the period covered under inspection. If so   whether the pension proposals have been properly initiated. 

11. Disciplinary Proceedings: 
(i) It has to be ascertained whether any staff member has been placed under suspension, if so any disciplinary proceedings has been initiated and pending. 

(ii)It has to be ascertained whether any disciplinary proceedings have been initiated and pending in respect of the Staff members of the Court