RULES MADE BY THE HIGH COURT UNDER

SECTION 80. I
,'I.

Prior approval of the Government under section 80(2) of the Tamil

Nadu Court-fees and Suits Valuations Act, 1955 to make rules by
the High Court of Madras.
/
Abstract.
Rules - Civil Rules of Practice and Circular Orders, Volume I -
Rules under Court-fees Act VII of 1870 and Suits Valuation Act
1887 - Revised - Draft Rules -Approved.
[Link]. No. 336, Home (Courts. I), dated 14-2-1990
Read again:

1. [Link]. 188, Law, dated 17-4-56

2. [Link]. 358, Law, dated 23-8-56
3. [Link]. 2084, Home, dated 20-6-61
ORDER:
The High Court, Madras has taken up the comprehensive
revision of the Rules framed by the High Court under the Court-
fees Act VII of 1870 and Suits Valuation Act, 1877, Schedule of
Process Fees, rules relating to the service of Process and Circular
Orders issued thereunder, incorporated in Part II, Chapter I of the
Civil Rules of Practice and Circular Orders, Volume I, 1941
Edition, for the guidance of the Subordinate Courts, in accordance
with the Tamil Nadu Court-fees and Suits Valuation Act, 1955
(Tamil Nadu Act XIV of 1955), after ascertaining the views of the
District Judges, since most of the rules and circular orders
incorporated in the said edition have become obsolete and required
deletion. The Registrar, High Court, Madras has sent the draft
rules as revised under section 80(2) of the Tamil Nadu Court-fees
and Suits Valuation Act, 1955 and requested approval of
Government to incorporate in the Civil Rules of Practice and
Circular Orders Volume 1. The Government examined the draft
rules carefully in cosultation with the Commissioner of Revenue
Administration, Madras and approve it.
2. In exercise of the powers conferred by sub-section (2) of
section 80 of the Tamil Nadu Court-fees and Suits Valuation Act,
 341
Rules made by High Court under section 80

1955 (Tamil Nadu Act XIV of 1955), the Governor of Tamil Nadu
hereby confirms the revised draft rules in Part II, Chapter I of the
Civil Rules of Practice and Circular Orders, Volume I, proposed by
the Registrar, High Court, Madras and appended hereto.
3. The Registrar, High Court, Madras is requested to arrange
for the publication of the revised draft rules in Tamil Nadu
Government Gazette.
Sd .
jl

Secretary to Government.

COURT-FEES AND COURT-FEE STAMPS.

Page
Old New No.
Rule Rule

I. Computation of fees payable.

I
1014
1. Valuation in a suit for recovery oflands.

II. Rules for the Stamps to be used:

II
1014
(a) Adhesive Stamps and impressed stamps when to be
used respectively.
1014
(b) Single Stamps to be used as far as possible.
1015
Monetary limit up to which [Link]. Tahsildars and
III.
Deputy Tahsildars can exercise powers of Collector un-
der section 78 of the Act.
1016
Commencement of Tamil Nadu Court-fees and Suits
IV.
Valuation Act; 1955.
1016
Court-fees Stamps of Tamil Nadu State alone to be used.
V.
1016
Form for determination of market value of the subject-
VI.
matter of the suit under section 10 of the Court-fees Act.
1018
Collection of Court-Fee refunded in cases where remand
VII.
Orders are set aside.
1018
Determination of Market Value under section 7 of the
VIII.
Act.
1019
IX. Court-fee in Suits by Religious Trusts.
1019
X. Court-fee in Suits by Tamil Nadu Wakf Board.
1019
Refund of Court-fee paid by mistake or inadvertence etc.
XI.
1019
Refund of Court-fee under section 69 of the Act.
XII.
342 Commentary on Court-fees and Suits Valuation Act

CIRCULAR ORDERS.
I I. Cancellation of Stamps.

(1) 1. Check of Stamps on papers received by Chief Ministerial 1020

Officer and their punching under his immediate supervi-
sion.
(2) 2. Cancellation of Adhesive Court-fee labels to prevent re- 1020
use thereof-

(a) Second punching thereof by the Record-keeper ; 1020

(b) Labels affixed to Certified Copies, Certificates, etc., 1021

should be cancelled before issue;

(c) Second punching thereof by the Court on receiving 1021

them and third punching on being consigned to the
record.
(3) 3. Record-Keeper to examine papers as soon as they are 1021
consigned to his custody and on each occasion on which
they are received back after being taken for reference.

(4) 4. Stamps affixed to documents to be punched before any 1022

action is taken.

(5) 5. Instruction to prevent re-use or re-introduction of old 1022

punched adhesive stamps.

(6) 6. Stamps in excess of legal require men ts-Punching of- 1023

Refund of the excess value.

(7) 7. Checks against fraud. 1024

II II. Reporting cases of infringement of the Rules for the Sale 1024
of Stamps.

III III. Levy of Stamp Duty under Article 24, Schedule I of the 1024
Stamp Act on certified copies granted by Courts.

B. PROCESS FEES AND POUNDAGE.

(I) I. 1. Process Fees-Schedule of Process fees. 1024-1028

Note: Tom-Tom Charges. 1028

(II) II. Calculation of Poundage.

1. (1) Poundage to be charged on each lot. 1028

2. (2) Poundage on bids by Decree-Holders. 1028

(III) III. Refund of Poundage and Process Fees. 1028

 Rules made by High Court under section 80 343

C. RULES RELATING TO THE SERVICE OF PROCESSES.

Central Nazarats. 1029

(I) I.
Deputy Nazir at Outlying Stations. 1030
(II) II.

Travelling Allowance. 1030

(III) III.

Security. 1030
(IV) IV.

Officers to whom Processes should be transmitted for 1030

(V) V.
Service.
Presentation of Application for issue of Processes and 1030
(VI) VI.
Procedure thereafter.
Note: (a) Verification of the balance in Nazir's 'B' Regis- 1031
(a)
ter by the Judge.
(b) Instructions for the guidance of Central and Deputy 1032
(b)
Nazirs.

(c) Lists of Courts in which the preparation of Proc- 1033

(c)
esses should be under the Chief Ministerial Officer.

Intimation of receipts and disbursements in the Nazarat 1033

(VII) VII.
to the Chief Ministerial Officer.

Lists of Processes for service in other Nazarats. 1033

(VIII) VIII.
Procedure on receipt of processes for service. 1033
(IX) IX.

Roster-C. 1034
(X) X.

List of Processes executed. 1034

(XI) XI.
Delay in return of processes to be reported. 1034
(XII) XII.
Nazir's "B" Register. 1034
(XIII) XIII.
Procedure in case of arrest or seizure of movable prop- 1034
(XlV) XIV.
erty.
Remittance of Witness Batta. 1035
(XV) XV.
Statement of Money Orders issued to other Courts. 1036
(XVI) XVI.
Execution of emergent process. 1036
(XVII) XVII.
Expeditions Execution of Process. 1036
(XVIII) XVIII.
Deputation of Special Process Server from Head Quar- 1036
(XIX) XIX.
ters.
Second Process Server to be ordinarily deputed to guard 1037
(XX) XX.
judgment-debtors.
344 Commentary on Court-fees and Suits Valuation Act

(XXI) XXI.

(1) Average number of Processes to be executed by each 1037

(1)
amin and Process-Server.

(2) Deputation of process staff for process-writing and 1038

(2)
guard duty.

(3) Commutation of Processes. 1038

(3)

Note Warrants of attachment of immovable property. 1038

Note
(a) (a)
(b) Extra process to be counted where additional fee levied. 1038
(b)

(c) Emergent Processes-how to be computed. 1039

(c)

XXII. (1) Monthly report of processes executed. 1039

(XXII)

Note Statement of distribution of processes to be submitted to 1039

Note.
(a) (a) District Judge.
Strength of Nazarath to be reduced whenever the aver- 1039
(2) (2)
age number of processes falls short of the prescribed
average.

CIRCULAR ORDERS.

(a) Instructions for the guidance of Courts in regard to the 1039

(a)
execution of warrants of committal.

(i) Number of Process-servers to be deputed to escort 1039

(i)
Judgment-debtors.

(ii) Fee to be levied for issue of a Warrant of Committal. 1040

(ii)
(iii) Mode of calculating such warrants for purposes of 1040
(iii)
Rule XXI.
(iv) No fee for issue of orders of release. 1040
(iv)

(v) Judgment-creditor to pay the fee for the escort of 1040

(v)
judgment-debtors to and from jails.

(b) (b) Travelling allowance of Process-servers. 1040

(c) Execution of Process-Instructions. 1040

(c)

(d) Supervision of the work of the Process Establishment. 1040-

(d)
1043
 Rules made by High Court under section 80 345

Rules made by the High Court of Madras under section

80 of the Tamil Nadu Court-fees and Suits Valuation Act,
1955 with previous approval of the Government in [Link].
No. 336, Home (Courts I) Department, Dated 14-2-1990
which form part of Civil Rules of Practice and Circular
Orders - Volume-I.
CIVIL RULES OF PRACTICEAND CIRCULARORDERS -
VOLUME-I.
Part - II.

RULES MADE UNDER SPECIAL ENACTMENTS.

Chapter - I.

Rules under the Tamil Nadu Court-fees and

Suits Valuation Act, 1955.
A. (A) - Court-fees and Court-fee Stamps.
I. (I) - Computation of fees payable
1. (1) Valuation in a suit for recovery of Lands only (and
not buildings).- In a suit for land, except in cases to which
clauses (a) to (f) of sub-section (2) of section 7 of the Tamil N adu
Court-fees and Suits Valuation Act, 1955 apply, the valuation
should be based on the value of the lands, trees and the wells
taken together.
II. (II). Rules for the stamps to be used.
(a) Adhesive Stamps and impressed Stamps when to be used
respectively.- (i) When in any case the fee chargeable under the
said Act is less than Rs. 25, such fee shall be denoted by adhesive
stamps bearing the words "Court-fee" and containing three lines
in the middle with Ashoka Chakra Emblem and value printed on
the left side, or adhesive stamps of any shape, size or pattern
bearing words "Court-fees" which may hereafter be, issued for use
in supersession, of or in addition to, the adhesive stamps now in
use.
(ii) When in any case the fee chargeable under the said
Act amounts to or exceeds Rs. 25, such fee shall be denoted by
impressed stamps bearing the words "Court-fees", adhesive
stamps being only employed to make up fractions of less than Rs.
25.
 Commentary on Court-fees and Suits Valuation Act
346

(b) Single stamps to be used as far as possible.-(l) When in

the case of fees amounting to less than Rs. 25, the amount can be
denoted by a single adhesive stamp, such fee shall be denoted by a
single adhesive stamp of the required value. But, if the amount
cannot be denoted by a single adhesive stamp, or if a single
adhesive stamp of the required value is not available, the next
lower value available shall be used and the deficiency shall be
made up by the use of one or more additional adhesive stamps of
the next lower values, which may be required to make up the
exact amount of the fee.
(c) When, in the case of fees amounting to, or exceeding Rs.
25, the amount can be denoted by a single impressed stamp, the
fee shall be denoted by a single impressed stamp of the required
value. But, if the amount cannot be denoted by a single impressed
stamp, or if a single impressed stamp of the required value is not
available, an impressed stamp of the next lower value available,
shall be used, and the deficiency shall be made up by the use of
one, or more additional impressed stamps of the next lower value
available which may be required to make up the exact amount or
the fee in combination with adhesive stamps to make up fractions
of less thanRs. 25.
(3) Any adhesive stamp which may be used under the foregoing
rule (2) shall be affixed to the impressed stamp of the highest
value employed in denoting the fee.
(4) When two or more impressed stamps are used to make up
the amount of the fee chargeable under the Court-fees and Suits
Valuation Act, a portion of the subject-matter shall, ordinarily, be
written on each stamped sheet. Where this is impracticable or
seriously inconvenient, the document shall be written on one or
more sheet bearing impressed stamps of the highest value, and
the remaining stamps shall be punched and cancelled by the Court
or its Chief Ministerial Officer and attached to the grant, a
certificate being recorded by the Court or its Chief Ministerial
Officer on the face of the first sheet of the documents to the effect
that the Court-fee (Rs.... ) has been paid in stamps. The writing
on each stamped sheet shall be attested by the signature of the
person or persons executing the documents.
(5) When one or more impressed stamps used to denote a fee
are found insufficient to admit of the entire document being
written on the side of the paper which bears the stamp, so much
plain paper may be joined thereto as may be necessary for the
 Rules made by High Court under section 80 347

complete writing of the document and the writing on the

impressed stamps and on the plain paper shall be attested by the
signature of the person or persons executing the document.
(6) In the blank space left in the adhesive stamps, the vendor
shall insert the name of the purchaser, the date of sale and his
own ordinary signature.
III. Monetary limit up to which [Link]., Tahsildars and
Deputy Tahsildars can exercise powers of Collector under
section 78 of the Act.- The powers of the "Collector" in section
78 of the Tamil Nadu Court-fees and Suits Valuation Act, 1955
(Tamil Nadu Act XIV of 1955) in the matter of making allowances
for damaged or spoiled stamps shall be exercisable by all Revenue
Divisional Officers and all Tahsildars and Deputy Tahsildars in
independent charges up to the monetary limit specified below
subject to the conditions and restrictions laid down in the
Standing Orders issued with the Board's Proceedings specified in
the note below :-
Revenue Divisional Officer - Rs. 500 (Rupees five
hundred only).
Tahsildars and Deputy Tahsildars - Rs. 300 (Rupees three
hundred only).
1. B.P. No. 2986, dated the 8th August 1984.
2. B.P. No. 206, dated the 3rd March 1888.
3. B.P. No. 245, dated the 10th May 1890.
4. B.P. No.11, dated the 14th March 1893.
5. B.P. No. 434, dated the 9th September 1895.
6. B.P. No. 42, dated the 24th February 1899.
7. B.P. No.198, dated the 31st July 1900.
8. B.P. No. 610-R, Ms., dated the 7th April 1905.
9. B.P. No. 28/461-R, Salt, dated the 6th February 1908.
10. B.P. No. 132/770-R, Ms., dated the 9th June 1909.
. 11. B.P. No. 165/1105-R, Ms., dated the 7th September 1912.
12. B.P. No. 750-R, Ms., dated the 22nd May 1915.
13. B.P. No. 352-R, Ms., dated the 6th March 1915.
.• ---------

Commentary on Court-fees and Suits Valuation Act

348

14. B.P. No. 158/567-R,Ms., dated the 27th April 1916.

15. B.P. No. 62-D, Ms., dated the 11th January 1918.

16. B.P. No. 20/408-R.,Ms., dated the 25th March 1919.

17. B.P. Ms. No. 512, dated the 29th August 1935.

18. B.P. [Link].1557, dated the 7th May 1936.

19. B.P. No. 507, dated the 29th February 1940.

20. B.P. No. 1066, dated the 13th May 1942.

21. B.P. Ms. No. 933, dated the 21st June 1945.
IV. Commencement of Tamil Nadu Court-fees and Suits
Valuation Act, 1955.- In exercise of the powers conferred by
sub-section (3) of section (1) of the Tamil Nadu Court-fees and
Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955), the
Governor of Tamil Nadu hereby appoints the 19th May 1955, as
the date on which the said Act shall come into force.
V. Court-fees stamps of Tamil Nadu State alone to be
used.-In exercise of the powers conferred by sub-section (1) of
section 82 of the Tamil Nadu Court-fees and Suits Valuation Act,
1955 (Tamil Nadu Act XIV of 1955), the Governor of Tamil Nadu
hereby makes the followingrule :-
Court-fee stamps purchased in the Tamil Nadu State shall
alone be used for the payment of all fees chargeable under the
Tamil Nadu Court-fees and Suits Valuation Act, 1955.
VI. Form for determination of market value of the
subject-matter of the suit under section 10 of the Court-fees
Act.- In exercise of the powers conferred by section 82 read with
section 10 of the Tamil Nadu Court-fees and Suits Valuation Act,
1955 (Tamil Nadu Act XIV of 1955), the Governor of Tamil Nadu
hereby makes the following rule :-
The Statement of particulars of the subject matter of a suit and
the plaintiff's valuation thereof referred to in section 10 of the said
Act shall be in the form annexed to this rule and shall contain the
particulars mentioned thereunder.
 349
Rules made by High Court under section 80

ANNEXURE.
Form.
Particulars of immovable property.
(Cause title)
Valuation of immovable property for the purposes of Court-fees.
The annual assessed Value for the
Section and Nature of reven ue/lease/rent Market purposes of Court-
sub-section suit. payable for the. value. fees.
of the Act. lands.

(3) (4) (5)

(1) (2)

Instruction-I-In the case of lands, the market value of which

is to be fixed under section 7(2) of the Act, the following
particulars should be furnished :-
(i) In the case of lands coming within the scope of section
7(2)(a) to (c) and (f) of the Act, the annual survey assessment
revenue or rent payable for the lands should be given.
(ii) In the case of lands which are "Estates" within the
meaning of section 7 (2) (d) of the Act "the peishkush" recorded in
the Collectors' Registers or if no peishkush is recorded, the annual
melwaram realisable from the Estates should be furnished.
(iii) In the case of "Minor Inam Lands", the assessments
noted in the Village 'B' Register should be furnished.
II. In the case of immovable properties not covered by instruct-
tion I above, the following particulars should be furnished :-
(a) In the case of lands other than building sites,. buildings,
gardens-
(i) the market value as estimated by the plaintiff with
details as to how it is calculated;
(ii) the annual net profits realised or realisable from the
lands for the three years preceding the date of plaint.
(b) In the case of building sites, buildings, gardens, etc.-
(i) the market value as estimated by the plaintiff with
details as to how it is calculated; and
350 Commentary on Court-fees and Suits Valuation Act

(ii) the annual rental value of the property as entered in

the register of the Municipality or the Panchayat, if any, within
whose jurisdiction the property is situated.
III. In addition to the particulars required by Instructions I and
II above, the plaintiff may also furnish such additional infor-
mation which he considers material to his own valuation.
VII. Collection of Court-fee refunded in cases where
remand orders are set aside.- In exercise of the power
conferred by sub-section (1) of section 82 of the Tamil Nadu Court-
fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955)
the Governor of Tamil Nadu hereby makes the following rule :-
RULE.
Where under section 67 of the Tamil Nadu Court-fees and Suits
Valuation Act, 1955 (Tamil Nadu Act XIV of 1955), a party obtains
refund of the Court-fee paid on a Memorandum of Appeal and
where on further appeal or revision, the order of remand is set
aside and the appeal is remanded to the lower Appellate Court,
the Court setting aside the order of remand shall direct that the
Court-fee originally paid and subsequently refunded to the party
shall be repaid by him.
Where under section 67 of the said Act, a party obtains refund
of the fee paid on a, second appeal and the fee paid on the first
appeal preferred to the lower Appellate Court or the fee paid on
the second appeal alone, as the case may be, on a remand order
passed by the High Court in the second appeal, the Court-fee so
refunded in pursuance of the first mentioned order shall be
directed to be repaid by the party who had taken the refund.
VIII. Determination of market value under section 7 of
the Act.-. In exercise of the powers conferred by sub-section (1) of
section 82 of the Tamil Nadu Court-fees and Suits Valuation Act,
1955 (Tamil Nadu Act XIV of 1955), the Governor of Tamil Nadu
hereby makes the following rules :-
RULES.
(1) When a part of an estate paying annual revenue to the
Government under a settlement which is not permanent is
recorded in the Collector's Register as separately assessed with
such revenue, the value of the subject matter of a suit for the
possession of, or to enforce a right of presumption in respect of a
fractional share of that part shall, for the purposes of the
 Rules made by High Court under section 80 351

computation of the amount of the fee chargeable in the suit, be

deemed not to exceed five times such portion of the revenue
separately assessed on that part as may be rateably payable in
respect of the share.
(2) The market value of part of a land falling under clauses (b)
to (f) of section 7 (2) of the above mentioned Act and which has not
been separately assessed to revenue shall be determined. in
accordance with the following principle, namely :-
Where the land forms part of a survey field and is not
separately assessed to revenue, the value of such part shall be
deemed to be thirty times such proportion of the survey
assessment as the part bears to the entire survey field.
Explanation.-Lands in the areas in which the Malabar
Tenancy Act, 1929 (Tamil Nadu Act XIV of 1930) is in force shall
be regarded as ryotwari lands.
IX. Court-fee in suits by Religious Trusts.-In exercise of
the powers conferred by section 73 of the Tamil Nadu Court-fees
and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955), the
Governor of Tamil N adu hereby reduces to a maximum of rupees
fifteen, the fee payable under the said Act in respect of suits filed
by all Religious Trusts to recover possession of immovable
property.
X. Court-fee in suits by Tamil Nadu Wakf Board.-In
exercise of the powers conferred by section 73 of the Tamil Nadu
Court-fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of
1955), the Governor of Tamil Nadu hereby reduces to a maximum
of rupees fifteen, the fees payable under the said Act in respect of
all fresh suits filed for setting aside the sale deeds to recover the
properties compromised by the erstwhile Tamil Nadu Wakf Board
during the period from 1971 to 1976. This concession shall be
made applicable only for a period of two years on and from the
date of publication of this notification in the Tamil Nadu
Government Gazette.
XI. Refund of Court-fee paid by mistake or inadvertence,
etc.- (i) When a suit is filed for the recovery of a debt in
ignorance of an application filed earlier for a declaration of the
amount of the debt due under sub-section (1) of section 19-A of the
Tamil Nadu Agriculturists' Relief Act, 1938 (Tamil Nadu Act IV of
1938) and the suit is rejected in pursuance of sub-section (9) of
that section, the value of the stamp on the plaint shall be refunded
352 Commentary on Court-fees and Suits Valuation Act

on presentation of an application to the Collector of the district in

which the Court which rejected the suit is situated, together with
a certificate from the Court which dismissed the suit that it was
dismissed under the circumstances above described.
(ii) When a plaint presented to any Civil or Revenue Court is
returned for compliance of certain defects and such plaint has not
been re-presented, but a fresh plaint has subsequently been duly
presented on the same cause of action, or
(iii) When a plaintiff withdraws from a suit or abandons a
part of a claim with the permission of the Court to institute a
fresh suit on the same cause of action in respect of the subject-
matter of the suit or part of the claim so abandoned, and has
presented a fresh suit accordingly, the Court shall give a
certificate recommending the refund of the Court-fee paid on the
former plaint or part of the claim abandoned, as the case may be,
and on application made by the plaintiff to the Collector of the
district in which the Court is situate together with the certificate
specified above, the refund of the Court-fee as recommended in the
certificate shall be made.
XII. Refund of Court-fee under section 69 of the Act.-'A
question has been raised as to the meaning of the (half the amount
of all fees paid in respect of the claim or claims in the suit)
occurring in section 69 of the Tamil Nadu Court-fees and Suits
Valuation Act, 1955 and also as to whether only half the amount
of fees paid on the plaint is refundable under that section or half
the amount paid on vakalatnamas, process fees, fees fixed to
certified copies of proceedings filed along with the plaint, etc., is
refundable.
The High Court considers that the expression "fees paid in
respect of the claim or claims in the suit" in section 69 of the Tamil
Nadu Court-fees and Suits Valuation Act, 1955 does not include
the stamp on the vakalat, process fee or fees on enclosures to the
plaint, i.e., documents filed along with the plaint nor on
interlocutory applications pending the suit. It has to be
remembered that the words of section 69 are not "fees" paid in
respect of the suit, but fees in respect of "claims" in the suit. The
word "clailn" carries out the same idea as the word "relief' in
section 6 of the Act. The refund will refer only to the fees paid on
the plaint which will include fees paid on written statements as
well (vide section 8 of the Court-fees Act) and other claims
subsequent to the plaint.
 Rules made by High Court under section 80 353

CIRCULAR ORDERS.
1. Cancellation of stamps.
1. Check of stamps on papers received by Chief Minis-
terial Officer and their punching under his immediate
supervision.-All applications, petitions, etc., intended for
presentation to the lower Court shall be presented to the Court
itself or to its Chief Ministerial Officer, whose duty it will be to
examine and punch the stamps, and who will be held responsible
for the receipt of any stamps which have previously been used.
The District Judges are requested to make it a rule, for strict
observance in the Courts within their jurisdiction that the
Serishtadar in the Superior Courts and Head Clerk in the District
Munsif's Courts, shall personally attend to, and be personally
responsible for the strict fulfilment of the duty of receiving
documents to be filed, examining the correctness of the stamps
attached thereto and immediately cancelling such stamps as
required by section 77 of the Tamil Nadu Court-fees and Suits
Valuation Act, 1955. There will be no objection to the Ministerial
Officers named employing trust-worthy subordinates to do the
mere manual work of cancelling the stamps, but it will be on the
distinct understanding that the Serishtadars or the Head Clerks,
as the case may be, will be personally responsible for the due
execution of the duty and for any defalcation or fraud that may
occur in connection with it. The District and Subordinate Judges
and District Munsifs are expected so to inspect and test the work
of their officers, from time to time, as to ensure attention to the
duty and to limit opportunities for fraud.
2. Cancellation of adhesive Court-fee labels to prevent
re-use thereof.-The following instructions are issued with
regard to the best method of cancelling the adhesive stamps and
Court-fee labels so that they may not be fraudulently used again.
(aJ Second punching thereof by the Record-Keeper.- Under
section 77 of the Court-fees Act, Court-fee labels are cancelled by
punching out the figure-head, but this does not perhaps afford
sufficient protection. It is, therefore, directed that the Record-
Keeper of every Court shall when a case is decided and record
consigned to his custody, punch a second hole in each label distinct
from the first and note the date of his doing so at the same time.
The second punching should not remove so much of the stamp as
to render it impossible, or difficult to ascertain its value or nature.
354 Commentary on Court-fees and Suits Valuation Act

The above directions apply only to adhesive labels used

under the Court-fees Act. Impressed stamps used for denoting
Court- fees need not be cancelled or punched otherwise than as
required by section 77 of the Court-fees Act.
Under the provisions of the Court-fees Act, the cancellation
of stamps must be effected by the Court or Office receiving the
document to which a stamp has been affixed.
(b) Labels affixed to certified copies, certificates, etc., should
be cancelled before issue.- The Court or Office issuing copies,
certificates or other similar documents liable to stamp duty shall
before use, cancel the labels affixed to them by punching out a
portion of the label in such a manner as to remove neither the
figure head nor that part of the label upon which its value is
expressed. As an additional precaution, the signature of the
Officer attesting the documents with the date should be written
across the label and upon the paper on either side of it as is
frequently done by the persons signing stamped receipts.
(c) Second punching thereof -by the Court on receiving them
and third punching on being consigned to the record.- The Courts
issuing the certified copy or certificate should, before issue, cancel
the labels affixed thereto by punching out a portion of them, but
not the figure-head or that part upon which their value is
expressed, the attesting officer also writing his name and date
across them, and it is the Court in which such certified copy or
certificates is produced, that should require the receiving officer at
once to punch out the figure-head as directed by section 77 of the
Court- fees Act before the document is filed or acted on. When the
copy or certificate is with the record of the case in which it is filed,
transferred to the custody of the Record-Keeper, he should punch
a third hole in each label distinct from the previous two holes and
at the same time, note the date of his doing so. He need not
necessarily write across the stamp, though it will be well to do so,
if there still room.
3. Record-Keeper to examine papers as soon as they are
consigned to his custody and on each occasion on which
they are received back after being taken for reference.-
On receiving stamped documents into the record room, the Record-
Keeper shall examine the stamps, report if they are incorrect, note
any erasures or suspicious appearances they may present and be
held responsible for their safe custody thereafter. If a record or
any document forming part of a record is taken from the record
 Rules made by High Court under section 80 355

room for any purpose, it shall be his duty to denote to whom and
for what purpose, it has been delivered and on its return to
examine it and ascertain if it be in the same condition in which it
was issued from his office and if it be not in the same condition, to
bring the circumstances to notice.
(H.C. Cir. 2131 of 1881)
4. Stamps affixed to documents to be punched before any
action is taken.- The attention of the Presiding Officer is drawn
to the instructions laid down in the Standing Order No. 83
contained in Chapter VII of the Stamp Manual (4th Edition) under
which it is the duty of every Officer before whom a document
bearing an adhesive stamp labels is produced to see that it has
been properly pun:ched and cancelled before any action is taken on
it. The rule laying down that every person who submits for orders
a document bearing adhesive stamps shall be responsible for
seeing that it has been duly punched, should be strictly enforced.
There is reason to believe that serious loss of revenue is caused by
the improper use a second time of the adhesive stamps which have
not been duly cancelled on first presentation.
Standing Order No. 86 (Now 83).- Every Officer presiding
over a Court or office and receiving a document liable to stamp
duty under the Court-fees and Suits Valuation Act and stamped
with adhesive stamps should, after satisfYing himself that' the
document is properly stamped, see that a date stamp is applied to
it in such a manner as to cover for touch some part of the stamps,
but not in such a way as to obliterate the entries thereon or to
render the detection of forgeries more difficult. The stamps should
then be cancelled by punching out the figure-head~ The punch
used for this purpose should be large enough completely to remove
the figure-head.

5. Instruction to prevent re-use or re-introduction of old

punched adhesive stamps.- In order to prevent fraud on the
part of the Ministerial Servants in a Court or Office who might
connive at old punched adhesive stamps being re-introduced, the
Record-Keeper of every Court or Office shall, as soon as the record
is made over to his custody, punch a second hole in each adhesive
label with a wedcutter punch of Diamond shape before putting the
document into the record room. The second punching should not
remove so much of the stamp as to render it difficult to ascertain
its value or nature. Impressed stamps used for denoting Court-
356 Commentary on Court-fees and Suits Valuation Act

fees need not be cancelled or punched otherwise, than as required

by section 77 of the Court-fees Act.
Standing Order No. 88 (Now 85).- It is the duty of every
Officer to whom a document liable to stamp duty under the Court-
fees Act is submitted for order to see that any adhesive stamps
thereon have been properly purchased. The section head or other
responsible Ministerial Officer sublnitting papers for orders shall
see that all adhesive stamps thereon contained have been punched
and defaced as directed in Standing Order No. 83 and any section
head or other Ministerial Officer submitting a document bearing
an unpunched adhesive stamp shall be required to pay the value
of the stamp.
Officers receiving documents liable to stanlp duty under the
Court-fees Act should also look at the date of sale recorded on
adhesive stamps and if they find that the date of sale as recorded
on the stamp is suspiciously remote, they should enquire into the
history of the stamp.
6. Stamps in excess of legal requirements-Punching of
refund of the excess value.- All stamps affixed to documents
received in Courts, including those in excess of legal requirements,
should invariably be punched. The party who has affixed stanlps
in excess will be allowed a refund of their value less 5 paise in the
rupee or 10 paise according as the stamps are Judicial or Non-
judicial, except in cases in which the amount of the excess value is
le8s than a rupee. Stamps affixed in excess should on no account
be removed from the documents and returned to the party, but the
Presiding Officer of the Court will give him a certificate in (Form
NO.L-1st Portion) Appendix II to the Stamps Manual (4th Edition)
to the effect that he is entitled to receive back their value less
discount within 90 days at a specified Treasury and at the same
time send an advice in Form NO.L-2nd portion to the Treasury
Officer. The certificate will become null and void after the expiry
of the 90 days and refund will not be admissible thereafter.
The Presiding Officer of the Court will note under his initials,
the date and number of the certificate on the stamps affixed in
excess so as to prevent fraud.
(Adapted from High Court Dis. 1328 of 1916.)
The following instructions are issued with regard to the
deduction of 5 per cent provided for in section 78 (1) of the Tamil
Nadu Court-fees and Suits Valuation Act, 1955, on the refund of
 Rules made by High Court under section 80 357

Court-fee ordered by Court in pursuance of a clarification sought

for as to whether the bills for refund of Court-fees contemplated
under section 78 (2) of the Tamil Nadu Court-fees and Suits
Valuation Act, 1955, and rule 3 of the Tamil Nadu Court-fees
Refund (By Order of Court) Rules, 1976, may be presented by the
Court after making the deduction of 5 per cent or without making
such deduction.
Section 78(1) of the Tamil Nadu Court-fees and Suits Valuation
Act, 1955, deals with the case of damaged or spoiled stamps and it
has nothing whatever to do with the Court-fee directed to be
refunded by an order of the Court. Sub-section (2) of section 78 of
the aforesaid Act deals with the Court-fee directed to be refunded
by an order of Court and it states that such refund shall be given
effect to in such manner and subject to such conditions as may be
prescribed. Rule 3 of the Tamil Nadu Court-fees Refund (By Order
of Court) Rules, 1976 framed by the Government under section
82(2) of the Tamil Nadu Court-fees and Suits Valuation Act, 1955,
deals with the certificate to be issued by the Court and the form of
the bill expressly refers to the deduction as per section 78 of the
Court-fees Act. From this, the necessary inference is that the
Governlnent have prescribed under section 78(2) of the aforesaid
Act that the refund of the Court-fee ordered by the Court must be
subject to the deduction contemplated by section 78(1) of the
aforesaid Act. In view of this, the Court which issues a refund
certificate will have to provide for the deduction.
The High Court, therefore, directs all the Subordinate Courts to
see that while directing the refund of the Court-fee, they make an
order that such refund is subject to the deduction provided for by
section 78(1) of the aforesaid Act.
7. Checks against fraud.- The attention of all Judicial
Officers is invited to the rules intended to serve as checks against
stamp fraud, published at pages 405 to 407 of the Stamp Manual,
4th Edition. The High Court considers that in addition to the strict
observance of those rules, it is necessary that adhesive stamps
should not be allowed to be affixed on papers in a way so as to
overlap each other. Unless this precaution is observed, it is
possible to introduce old punched adhesive stamps by affixing
them on papers in such a way as to cancel the second diamond
punch hole made in them by the Record-Keeper and the rule
requiring the Record-Keeper to make such diamond punch hole in
the adhesive stamps would be rendered in effective as a protection
against fraud.
 358 Commentary on Court-fees and Suits Valuation Act

II. Reporting cases of infringement of the rules for the

sale of stamps.- All Officers presiding over Civil Courts are
requested to bring to the notice of the Revenue Divisional Officers
cases which may come to their notice of infringement of note 2 to
rule 37 contained at pages 321 and 322 of the Stamp Manual, 4th
Edition, prohibiting a licensed vendor from attempting to supply a
stamp higher in value than the highest he is authorised to sell, by
the sale of a number of impressed sheets of lower value. They are
not expected to hold any inquiry as to whether the rule has been
actually infringed or not, but merely to give information of the
cases to Revenue Department with the particulars such as the
serial numbers of the stamps, their value, date of their sale and
name of the vendor and purchaser appearing on the stamps
themselves.
III. Levy of stamp duty under Article 24, Schedule I of
the Stamp Act on certified copies granted by Courts.- It
has come to the notice of the High Court that the practice
prevailing in regard to the levy of stamp duty on certified copies
granted by Courts is not uniform. The High Court directs that the
instructions given below be observed so as to secure uniformity of
practice.
2. Copies coming under Articles 5, 7 and 9 of Schedule II to the
Court-fees Act are not liable to stamp duty under Article 24 of the
Stamp Act as they do not cease to be chargeable under the law
relating to the Court-fees within the meaning of Article 24 of
Schedule I of the Stamp Act by the mere fact that Court-fees
thereon have been remitted by the Government by Notification
No. 358, dated the 10th September 1921. They would, however, be
liable to Court-fee if filed in Court subsequently.
3. The High Court considers that Article 9 of Schedule II of the
Court-fees Act does not apply to all documents generally. The
words "or the like" suggest the application of the ejusdem generis
rule of constructions and must be taken to cover only documents
akin to those mentioned previously, viz., account, statement and
report. The characteristic feature of these three classes of
documents that distinguishes them from other documents seems
to be that when presented in or beJore a Court or Office, they
become (whether they are private documents filed by parties or
proceedings of quasi-public officers) part of the record of the Court
or Office unlike documents such as deeds or letters or account
books which though exhibited in Court or filed in an Office, are

L,
 qAQlh¥S&W¥¥MIMnWA d

Rules made by High Court under section 80 359

ultimately returned to the party. By way of illustration, the

following documents may be mentioned as coming under this
category accounts, statements, etc., filed by parties in suits for
partition, partnership, administration, etc., in which after the
preliminary decree, a party is called upon to file statements of
accounts or statements surcharging or falsifying accounts or
inventories of properties, etc., filed by the opposite party.
"Statement" would include even affidavits, as in every affidavit
the deponent makes a statement. A Commissioner's report and a
Village Officer's Report may also be covered by the Article.
Statements by private parties before an Inam Commissioner or a
Revenue Officer would be governed by the Article, as also
statements and accounts filed by a land-holder under section 80 of
the Tamil Nadu Local Boards Act.
4. (4). It will therefore follow that certified copies of all
documents other than those coming under Article 9 of Schedule II
of the Court-fees Act are chargeable with stamp duty under
Article 24 of Schedule I of the Stamp Act, i.e., they should be
granted by Courts only on production of the requisite non-judicial
stamp paper together with the copy stamp papers required under
the Copyist Rules. No Court-fee stamp need be affixed to such
certified copies when they are filed in any proceeding before a
Court.
5. (5). Where certified copies of documents other than those
enumerated in Article 9 have been granted without non-judicial
stamp paper having been furnished and have been already
admitted in evidence and marked as exhibits, their validity cannot
be questioned (vide section 36 of the Stamp Act). But, with regard
to such certified copies which have been filed in Courts but not
exhibited, the parties should be directed to take them back and get
them re-certified by the proper officer after furnishing the
requisite non-judicial stamp paper. Certified copies of documents
other than those coming under Article 9 of Schedule II of the
Court-fees Act shall not be received hereafter by any officer of the
Court without verifying whether proper stamp duty has been paid
thereon.

B. Process fees and poundage.

L Process fees.
1. 1. The following Schedule of fees is prescribed under section
80 (1) of the Tamil Nadu Court-fees and Suits Valuation Act , 1955
(Tamil Nadu Act XIV of 1955) for serving and executing the
360 Commentary on Court-fees and Suits Valuation Act

processes issued by all Civil Courts established within the

appellate jurisdiction of the High Court.

SCHEDULE OF PROCESS FEES.

Amount leviable in Amount leviable in
Small Cause Suits and all other suits and
Name of Process. execution and other proceedings of any
proceedings arising Court including a
therefrom. Revenue Court.

(1) (2)

Rs.P. Rs. P.

1. For each summons' or Notice.

(a) When sent by registered post for each 3.50 3.50

defendant, respondent or witness.
(Three rupees and (Three rupees
fifty paise) and fifty paise)

(b) When served by an Officer of Court or

sent by post to any other Court for ser.
vice-

(i) On a defendant, respondent or wit- 1.50 2.25

ness;
(One rupee and fifty (Two rupees and
paise) twenty-five paise)

(ii) On every additional defendant, re-

spondent or witness, residing in the
same revenue village if the process be
applied for, at the same time.

(c) When handed over to a party for service

on a witness or witnesses, one half of
the fee under clause (a) supra.

Explanation I.-In cases in which there

are several minor defendants or reo
spondents represented by a single
guardian, there shall be a single service
upon such guardian and only one fee
shall be chargeable therefor.
Explanation-2.-When a process under
clause (a) or (b) supra is to be sent to
any country outside India by Air Mail,
the amount of fee leviable shall be 75
paise (paise seventy-five only) plus the
actual postal charges which shall he
deposited by the party in the shape of
postal stamps.
 Rules made by High Court under section 80 361

II. For every warrant-

(a) of arrest in respect of every person to

be, arrested;

(b) of attachment m respect of every 2.25 4.50

such warrant;
(Two rupees and (Four rupees and
twenty-five paise) fifty paise)

(c) of sale in respect of every such war.

rant;

(d) of delivery of possession in respect of

every such warrant.

With an additional fee for the service of 1.50 1.50

every officer including a Revenue Officer,
entrusted with the warrant for each day (One rupee and fifty (One rupee and
after the second day, beb>lnning with the paise) fifty paise)
day on which the warrant was issued.

III. For proclamation, injunction or order 2.25 4.50

and every process not otherwise pro-
vided for. (Two rupees and (Four rupees and
twenty-five paise) fifty paise)

An additional fee being leviable after

the second day as mentioned under
item II above.

IV. For every process in execution of a vil- 1.15 1.15

lage Court's decree.
(One rupee and fifteen (One rupee and
paise) fifteen paise).
Explanation.-If the process is not exe-
cuted, no further fee for re-issue shall
be levied.

V. In respect of sales, a fee by way of

poundage on the purchase money calcu-
lated at 6 per cent (six per cent) up to
Rs. 1,000 (Rupees one thousand only)
and 3 per cent (three per cent) above
Rs. 1,000 (Rupees one thousand only).

Explanation.-(l) For processes applied

for and ordered to be executed as emer-
gent, the fee shall be the ordinary fee
and half as much again.

2. (2) Each process shall be paid for according to the time which
it really occupies. The party must not be charged for time occupied
in serving processes other than his own, but he must pay for all
the days which his own process or processes would have occupied,
if it or they had alone been entrusted to the server. When one
applicant puts in several processes to be executed at the same
362 Commentary on Court-fees and Suits Valuation Act

time in the same locality, the charge for any additional days
occupied on such processes may be distributed over them.
3. (3) The additional fee to be levied under items II and III of
the above Schedule for each day after the second shall ordinarily
be collected in advance, the journey being calculated at the rate of
48 kilometres a day.
4. (4) The Officer appointed to receive applications for issue of
process shall punch the Court- fee labels affixed to such
applications and shall endorse a note on the process to be served
by another Court that the proper fee for the issue was levied.
5. (5) When process is forwarded by any Court in any of the
States in India to a Court subordinate to the High Court for
execution, such subordinate Court shall accept the certificate
endorsed on the process as sufficient proof that the proper fee for
the issue thereof has been paid and shall deliver such process to
the proper officer for service and shall re-transmit the process to
the Court, by which such process was transmitted to it, with a
return in Form No. 10, Appendix-B, Schedule-I, Civil Procedure
Code, 1908, and with the endorsement of the Process-Server,
showing, if service has been effected, in what manner it has been
effected; and if service has not been effected, the reason why it
has not been effected ; and such endorsement shall be verified by
oath or affirmation of the Process-Server.
6. (6) Warrants and other processes to be executed by the Court
of Small Causes, Calcutta, shall have endorsed thereon a
certificate to the effect that conveyance charges at the rate of Rs.
1.50 (One rupee and fifty paise) for each warrant and 25 paise
(twenty-five paise) for each summons have been duly collected.
Otherwise, such warrants and processes will be returned unexe-
cuted by the Court.
7. (7) Unspent process fees in one suit shall not be utilised
either in the same suit or in other suits.
Note.-Tom-Tom charges.-Tom-Tom charges shall be levied at
the rate of Rs. 5 for each case or at such rate as may be fixed, from
time to time, by the District Judge with the previous sanction of the
High Court.
II. (II) - Calculation of Poundage.
1. (1) Poundage to be charged on each lot.- The High
Court is of opinion that poundage should be calculated on sale-
proceeds of each lot separately.
(H.C. Pro. 661 of 1903)
 Rules made by High Court under section 80 363

2. (2) Poundage on bids by Decree-holders.-Rule 200 of

Chapter IX, Part I supra provides that "if the applicant purchases
the property with the leave of the Court, and is allowed to set-off
the purchase money against any sum due to him, he shall pay the
amount chargeable as poundage to the person appointed to sell the
property; as soon as he is declared to be the purchaser". This rule
ought to be followed also in cases, where the purchase money
exceeds the amount mentioned in the warrant, credit being of
course given for the poundage fee afterwards when the purchase
money is adjusted.
(H.C. Dis. 943 of 1909)
III. (III) - Refund of Poundage and Process Fees.
1. (1) When more than the amount required for the service of
process is deposited, or when issue of process becomes unnece-
ssary after deposit, the Courts are authorised to refund to the
depositor the amount of the surplus fees in money and to charge
the same to the contingent fund.
(H.C. Cir. 1229 of 1873)
2. (2) It has come to the notice of the High Court that refunds of
poundage and process service fees are sometimes treated as
judicial refunds under 19-A Law and Justice. Such refunds should
be treated as refunds of Stamp Revenue and debited to "I.
Refunds - Revenue Refunds - Stamps - Surplus Process Fees".
The High Court prescribes the form appended to this Circular
(vide Form No.7, Appendix. III-B, Part II of Volume II) for adop-
tion in all districts in refunding poundage and process fees. (A refund
shall, in the first instance, be made from the permanent advance
with the Head Ministerial Officer and shall be recouped by means of
contingent bills, headed "Refund of Process and Poundage Fees",
drawn on the Treasury at the end of the month). The refund
vouchers in the form now prescribed should be attached to the
contingent bills, even when they are for sum of Rs. 10 and less, and
the vouchers should, on no account, be cancelled or destroyed as in
the case of sub-vouchers for ordinary contingencies. The Officer
sanctioning a refund should, at the time of signing the refund order,
exercise the necessary check by comparing the voucher with the
entries in the registers maintained in the Court.
When a refund has to be made after a process has been
transmitted for service from one Court to another, the refund
364 Commentary on Court-fees and Suits Valuation Act

order should be forwarded to the Judge of the Court in which the

process fees have been deposited with a request that the amount
of the refund may be paid from his permanent advance instead of
the order itself being made directly payable from the Treasury.
(H.C. Dis. 696 of 1901, as amended by H.C. Dis. 782 of 1917)
3. (3) Applications for refund of process fees shall be made
before the expiry of six months from the date on which the process
fees were paid into Court; on applications made thereafter, a
penalty of five paise in the rupee or a fraction of a rupee shall be
levied when making refund.
(G.O. 3298. L. (G), dated the 6th August 1982
(H.C.P. Dis. 39 of 1935)
C. (C) Rules relating to Service of Processes.- The follow-
ing rules are issued under section 80(1) of the Tamil Nadu Court-
fees and Suits Valuation Act, 1955, to provide for the service and
execution of processes issued by the Civil Courts outside the City
of Chennai in the State of Tamil Nadu.
I. (I) Central Nazarats.-There shall be one general
establishment of amins and process servers for the execution and
service of processes issued by all the Civil Courts at the following
stations and at such other places as the High Court may hereafter
direct :-
Vellore, Cuddalore, Chengalpattu, Coimbatore, Dindigul,
Madurai, Sivaganga, Salem, Nagapattinam, Mayiladuthurai,
Kumbakonam, Thanjavur, Tirunelveli, Tuticorin, Tiruchirappalli
and Pudukkottai.
Such establishment shall be under the immediate direction of a
Central Nazir and the control of the District Judge or of the
Subordinate Judge in the event of a Central Nazarat being
established at any station where there is no District Judge.-
II. (II) Deputy Nazir at Outlying Stations.- At all other
stations, the process establishment shall be under the immediate
directions of a Deputy Nazir who shall be under the control of the
District Munsif having jurisdiction at such station:
Provided that where the Deputy Nazarath serves two or more
permanent Courts, the senior Judge of the Superior Court shall
exercise control, and the Nazarath shall be part of the
establishment of that Court.
 Rules made by High Court under section 80 365

III. (III) Travelling Allowance.-The alnins and process

servers shall be eligible for a fixed travelling allowance of Rs. 30
per mensem provided that 12 days in a month are spent by them
on process work, appropriate deduction being made for short
touring. Days on which journeys within a radius of 8 kilometres
performed by the amins and process servers, shall also be taken
into account in arriving at the minimum number of days spent on
process work in a month.
IV. (IV) 8ecurity.- Each General Nazir shall furnish security
in a sum of RS.l,OOO,each Deputy Nazir in a sum of Rs. 500, each
amin in a sum of RS.300 and each process server in a sum of
[Link].
V. (V) Officers to whom processes should be transmitted
for service.- The proper officers to whom processes shall be
transmitted for service under Order V, Rule 9 of the Code shall be-
(a) The Central Nazir in respect of all processes issued by
any Court located or having jurisdiction at a station where there is
a Central Nazir, for service within the jurisdiction of a Munsif
located at such a station.
(b) The Deputy Nazir, at stations where there is no Central
Nazir, and in respect of processes issued by any superior Court for
service within the jurisdiction of an outlying Munsif.
VI. (VI) Presentation of application for issue of processes
and procedure thereafter.- (1) All applications for the issue of
processes except those for the issue of emergent processes,
whether money is deposited with them or not, and except those
(accompanied with processes prepared or not) presented along
with plaint, memorandum of appeal, cross-objection or application
to the Chief Ministerial Officer, shall be presented to the Central
or Deputy Nazir, who shall enter them in a register in the form
prescribed. Where money is deposited, it shall be paid to the
Central or Deputy Nazir, who shall grant a receipt to the party,
out of his receipt book, in the form prescribed (Vide Civil Register
No. 51 (old) New No. 41). He shall maintain as many receipt books
and as nlany registers as there are Courts whose processes are
served by him.
2. (2) The applications shall next be entered in a register in the
form prescribed (Vide Civil Register No. 53-A. (Old) New No. 44)
and forwarded to the Clerk in charge of the records of the suit or
 366 Commentary on Court-fees and Suits Valuation Act

proceeding to which the process applications relate, who shall

return them with the copies of plaints, etc., if any, to be delivered
to the defendants and such records as may be necessary for the
correct preparation of the processes. The process writer shall then
prepare the processes in the order of receipt of applications and
return the records when no longer required to the Record Clerk
and obtain his acknowledgement.
The Clerk in charge of the concerned records shall, as a rule,
return the process memoranda to the process-writer within two days
of the receipt by him. The process-writers shall prepare the pro-
cesses without delay and within the time limit prescribed below :-
Summons and notices. 2 days.
All Warrants. 2 days.
Proclamation of sales. 3 days.
3. (3) Whether the High Court, from time to time, directs that
the preparation of processes issuing from any specified Court shall
be under the supervision of the Chief Ministerial Officer of the
Court instead of under the Central or Deputy Nazir, the Central
or Deputy Nazir shall, after entering in his register, applications
relating to the issue of such processes, transmit them daily at 3
p.m., or such hour as the District Judge may fix, to the Chief
Ministerial Officer of the Court concerned with Register C (Vide
Civil Register No. 53-A (Old) New No. 44).
The Chief Ministerial Officer shall prepare the processes daily
and return them with documents or copies of documents, if any,
which have also to be served along with the processes at 1 p.m., or
such hours as the District Judge may fix, to the Central or Deputy
Nazir for service.
4. (4) Emergent processes.- Applications for the issue of
emergent processes shall be made direct to the Court concerned
and the Court ordering the issue of such processes may direct one
of its own officers to receive the process memoranda direct from
the party or his pleader. The processes shall, then, be prepared
urgently under the supervision of the Chief Ministerial Officer of
the Court, and the process menloranda with the process shall,
then, be transmitted urgently to the Centr'al or Deputy Nazir for
entry in his 'B' Register (Vide Civil Register No. 53 (Old), New No.
43) and emergent execution of the processes.

--
 Rules made by High Court under section 80 367

5. (5) Application for issue of process (accompanied with proce-

sses prepared or not) presented along with the plaint, memoran-
dum of appeal, cross-objection or application shall, after the plaint,
memorandum of appeal, cross-objection or application has been
admitted, be transmitted to the Central or Deputy Nazir who will
enter them in 'B' Register. (Vide Civil Register No. 53 (Old), New
No. 43).
a. Note.- (aJ Verification of the balance in Nazir's 13'
Register by the Judge.- Since the Process Registers A and AA are
no longer maintained by the Chief Ministerial Officer of the Court,
and the Nazir, or Deputy Nazir have been made solely responsible
for the receipt of money connected with the issue of processes, the
High Court directs that, in future, the daily balance shown in the
new Process C Register (Civil Register No. 53 (Old), New No. 43)
shall be verified by the Presiding Judge of the Court to which the
Nazarat is attached at least once a month.
Note (a) to rule VI (5) of the Process Service Rules prescribes
that the Presiding Officer of a Court to which a Nazarath is
attached should verify the daily balance shown in the Nazir's B
Register (Civil Register No. 53 (Old), New No. 43) at least once a
month. Inspite of this provision, defalcations by Nazirs have
occurred. The defalcations might have been prevented by a check
of the cash balance in the Nazir's B Register (Civil Register No. 53
(Old) New No. 43) with the Nazir's Cash Register (Civil Register
No. 53-B (Old) New No. 45) and the Process Register C (Civil
Register No. 54 (Old) New No. 47).
An effective check of individual items in the Nazir's B Register
(Civil Register No. 53 (Old) New No. 43) can be made only by
reference to the corresponding individual items in Process
Register C (Civil Register No. 53 (Old) New No. 47) can be verified
with the daily totals in the Nazir's Cash Register (Civil Register
No. 53-B (Old) New No. 45). Presiding Officers should select a few
items at random each month to verify whether the registers are
correctly maintained and whether the monies received by the
Nazir are properly accounted for.
In the case of a Central Nazarath, the District Judge may
depute the work to the. Subordinate Judges and District Munsifs
at Headquarters in rotation.
[R.O.C. No. 2055 of 1943 (B-2)]
368 Commentary on Court-fees and Suits Valuation Act

b. (b) Instructions for the guidance of Central and Deputy

N azirs.- The Process Service Rules having been amended so as
to make the Central or Deputy Nazir solely responsible for the
transactions connected with the receipt, preparation, service and
return of the processes issued by Civil Courts, the High Court
hereby issues the following instructions for their guidance :-
1. (1) All papers presented to the Central or Deputy Nazir
under the revised rules shall, immediately on receipt, be impre-
ssed with a date stamp which may be of a design different from
that of the date stamps used by the Chief Ministerial Officer. Date
stamps may be obtained on indent from the Works Manager,
Government Press, Chennai.
2. (2) Process Writers shall prepare processes and work under
the supervision of the Central or Deputy Nazir except in, Courts in
which the High Court has under clause 3 of Rule VI directed that
the preparation of the processes shall be under the supervision of
the Chief lVIinisterial Officer.
3. (3) Every warrant of arrest under Order XXI, rule 24(2) of
the Code of Civil Procedure, 1908 should be signed by the Judge or
such Officer as the Court may appoint in this behalf. The Officer
to whom this power may be delegated should ordinarily be the
Chief Ministerial Officer of the Court, and not the Nazir or Deputy
Nazir ; and the delegation should be made in writing and kept in
Court. Any other processes may continue to be signed by the Nazir
or Deputy Nazir, as the Court thinks fit, on proper authorisation
in writing. A duplicate Court seal with the word 'Nazarat'
inscribed thereon shall be affixed to every process signed and
issued by the Nazir or the Deputy Nazir.
(P. Dis. No. 584 of 1943)
4. (4) The Presiding Officer of the Court shall send money
orders relating to the service of processes received by him to the
Central or Deputy Nazir, instead of to the Chief Ministerial
Officer. The Central or Deputy Nazir shall make a note of the
particulars relating to the money orders in his register.
5. (5) A notice showing the unexpended witness batta available
for refund and directing parties and pleaders concerned to apply
for refund on such two days in each week and at such hours as the
Court may, in its discretion, fix with due regard to the convenience
of all parties, shall be exhibited on the notice board of the Court
daily. In .cases where the party or his pleader has failed to obtain a
 Rules made by High Court under section 80 369

refund of the unexpended witness batta within the time prescribed

in rule 170 (Vide Chapter IX, Part I, supra) and where the same
has had to be remitted to the Treasury, a penalty of five paise per
half rupee or fraction thereof shall be imposed upon the party in
the event of his applying for refund at a latter date.
(H.C. Dis. 2240 of 1924)
6. (c) Lists of Courts in which the preparation of pro-
cesses should be under the Chief Ministerial Officer :-
1. Subordinate Judge's Court, Coimbatore ;
2. District Munsifs Court, Coimbatore ;
3. District 1\1unsifs Court, Siva ganga ;
4. District Munsifs Court, Salem;
5. District Munsifs Court, Sankari at Salem;
6. District Munsifs Court, Tiruchirapalli.
VII. (VII) Intimation of receipts and disbursements in
the Nazarat to the Chief Ministerial Officer.-As soon as
possible after 3 p.m. or such hour as the District Judge may fix,
the Central or Deputy Nazir shall send to the Chief Ministerial
Officer the receipt books and a statement of totals of stamps and
all amounts received and of money expanded during the day, in
order that the necessary entries may be made in the cash book,
ledger and register of documents and Court-fees.
VIII. (VIII) Lists of processes for service in other Naza-
rats.-The Central or Deputy Nazir shall arrange to despatch
each day before post time all processes which have to be sent by
registered post to the parties. He shall also prepare lists of all
processes which are to be served or executed within the juris-
diction of outlying Courts and send such lists and processes by
post on India Government Service to the concerned Courts.
IX. (IX) Procedure on receipt of processes for service.-
On receiving any batch of processes, the Central or Deputy Nazir,
as the case may be, shall give them general numbers and enter
them in a register which shall be kept by himself or under his
superintendence in the Form B annexed hereto (Vide Civil Regis-
ter No. 53 (Old) New No. 43).
X. (X) Register C.- He shall, thereupon, arrange for the
distribution of the processes and after the necessary entries have
370 Commentary on Court-fees and Suits Valuation Act

been made in the Register C (Vide Civil Register No. 54 (Old),

New No. 46) shall deliver them to the several Process-Servers. No
process shall be entrusted to a process server or amin unless he
has returned all the processes entrusted to him previously except
under the orders of the Presiding Officer.
As far as possible all processes, other than warrants of arrest
for persons residing in the same neighbourhood, shall be served by
one Process-Server and not by several, whether issued by the
same Court or by different courts.
XI. (XI) List of processes executed.-Every day at such
hours as the District Judge may fix, having regard (when
necessary) to the hours at which the post closes, the Central or
Deputy Nazir shall prepare a list for each Court of the processes to
be returned to it, giving them their original Court numbers and
shall transmit them with the list to the Central or Deputy Nazir
who issued the processes, and the latter shall thereon sign and
return the list.
XII. (XII) Delay in return of process to be reported.-It
shall be the duty of the Central or Deputy Nazir to have the
processes returned, struck off in his register to bring to the notice
of the Presiding Judge any unusual delay. Where such Judge is
not the District Judge, he shall report such delay to the District
Judge in the absence of satisfactory explanation.
The Central or Deputy Nazir shall verify the entries in Register
No. 53 (Old) No. 43 (New) and where processes sent to other
Courts or Offices are not returned within a fortnight, he shall send
reminders to such Courts and Offices. Cases in which Process-
servers and Amins have failed to return processes on the due
dates shall be reported by the Central or Deputy Nazir to the
Presiding Judge of the Court having control over the Nazarath.
XIII. (XIII) Nazir's 'B' Register.-At the close of each day,
the Nazir's Register No. 53 (Old) (New No. 43) shall be closed, the
balance of cash with the Nazir under the heads "for processes" and
"for refunds" shall be separately shown. The number of processes
distributed during the day and the number of Process-Servers
remaining unemployed after the distribution of processes shall
also be shown in the 'B' Register. In the case of Central Nazarat,
the details showing the number of processes distributed and the
number of unemployed Process-Servers, etc., shall be shown in the
'B' Register of the District Court, or the Sub-Court, as the case
may be. Details showing the balance of cash under respective
 Rules made by High Court under section 80 371

heads in each Court shall also be shown in the 'B' Register of the
District Court or Sub-Court, as the case may be.
XIV. (XIV) Procedure in case of arrest or seizure of
movable property.-When any person has been arrested, or
movable property seized, by a Process-Server of any outlying
Court under a warrant issued by a superior Court, the Process-
Server shall forthwith bring such person or property and deliver
him or it to the Central or Deputy Nazir, as the case may be,
provided that this rule shall not apply to property not required to
be brought to the Court-house.
Such Central or Deputy Nazir shall immediately give the
Process-Server a receipt and send him back to his own Court, and
shall produce such person or property before the Court which
issued the process.
When money shall have been paid upon any such process, it
shall be received by the outlying Munsif and duly transmitted,
together with the process, to the Court concerned, by money order
if the amount does not exceed RS.600 or by bank draft, by
registered post with acknowledgment due, if the amount exceeds
Rs. 600, the expenses in either case to be borne by the party to
whom the money is payable:
Provided that the whole amount shall be transmitted by money
order, if there are no banking facilities in the place of the receipts
of money.
1. Note.- (1) To prevent any possibility of misappropriation of
moneys by amins and Process-Servers between the interval when
money is received from a judgment-debtor and the time when such
money can be paid into Court, the High Court directs that each
amin or process server receiving money or any valuable security
from a judgment-debtor or purchaser in a Court-sale or otherwise
shall grant a receipt for the money or valuable security received to
the judgment-debtor or purchaser.
It will be the duty of the amin or Process-Server receiving any
money in execution of a decree to bring the same with the least
possible delay to the Court. The process service registers will
afford a means of checking any delay or remissness on the part of
the process-service establishment in bringing such sums to Court,
and any such delays should be noticed, and if necessary, punished,
as the occasion may demand, by the Presiding Judge of each
Court.
372 Commentary on Court-fees and Suits Valuation Act

2. (2) It should be distinctly understood both by Process-Servers

and pleaders that payment by them of money to a Head Clerk will
not relieve them of responsibility. Nothing short of payment into
Treasury under a challan or an acquittance signed by the Presi-
ding Judge himself can be recognised as an absolute discharge.
XV. (XV) Remittance of witness batta.-The total amount of
the batta of witnesses, etc., on all the processes issuing to a given
Court on any day for service shall be remitted by money order by
the Court issuing the processes to the Court to which the
processes are sent for service at the same time as the processes
are despatched to the latter Court. Any unspent balance in the
hands of the court serving the process shall be returned to the
Court issuing the processes by money order at intervals of a week
(but it may be remitted along with witness batta, if such is being
remitted at an earlier date), and the Presiding Judge, or in the
case, of a District Court or a Sub-Court, the Sarishtadar shall
check and verify, from week to week, the issue of such money
orders. The money order commissioI}.for remitting money for
service of processes shall be borne by the party and. collected along
with the witness batta. In case of refunds of unspent money, the
money order commission shall be deducted from the refundable
balance. The number of the money order receipt shall be noted
against the appropriate entries in the Register 'B' Civil Register
No. 53 (Old) (New No. 43).
XVI. (XVI) Statement of money orders issued to other
Courts.-On or before the 6th of each month, the Court issuing
money orders under the preceding rule shall send to each Court to
which money orders have been issued in the preceding month a
statement showing the number and particulars of the money
orders so issued, and it shall be the duty of the Presiding Officer of
the latter Court to see that the amounts involved have been
received and accounted for.
XVII. (XVII) Execution of emergent process.- The
Presiding Judge of any Court may, for sufficient reason at any
hour of the day, order the emergent execution of any process. It
shall be the duty of the Central or the Deputy Nazir on receiving
such processes to make immediate arrangements for the execution
of such processes.
In case of every special urgency, the Presiding Judge may
deliver any such process to any of the Process-Servers in atten-
dance at his Court for immediate service or execution.
 Rules made by High Court under section 80 373

XVIII. (XVIII) Expeditious Execution of Processes.-All

processes marked as emergent shall be issued and executed
without any delay. An other processes shall be issued for execution
as expeditiously as possible and in any case within four days of the
date on which they are made ready. To admit of a sufficient
number of processes in a particular direction, or neighbourhood
being accumulated, the Central or Deputy Nazir may keep such
processes for a period of five days and issue them for execution on
the sixth day.
The Central or Deputy Nazir shall ensure that processes which
are to be sent by registered post to parties are despatched within
two days of their being made ready. In issuing processes for
service, the Central or Deputy Nazir shall calculate the time to be
allowed for returning processes on the basis that each Process-
Server will execute four processes per day and each amin one
process per day. In making such calculation, the time for the
journey from and to Court shall be excluded.
XIX. (XIX) Deputation of special Process-Server from
head quarters.-The Presiding Judge of any superior Court may
direct on the application of the party applying for any particular
process which would ordinarily be sent for service to an outlying
Court, that it be served or executed by a special Process-Server or
Amin from head-quarters, provided that the pay of such Process-
server or amin for the time he is likely to be elnployed on such
duty be paid in advance at the following rates :-
Process-server. - Rupee one per day for processes other
than warrants. Rupee one and paise
fifty per day for warrants.
Amins. Rupee one and paise fifty per day for
processes other than warrants.
Rupees three per day for warrants.
The Judge may, for any sufficient reason, direct that such extra
charge be costs of the suit or proceedings.
Note.- To cover the ordinary daily charges, a sum of rupees
two per day in the case of an Amin and rupee one per day in the
case of a Process-Server shall be collected from the party in cash
along with the process application and paid to the amin or
Process-Server deputed for the execution of the central process.
The number of days spent by the amin or Process-Server on such
process work shall not be taken into account in regulating the
payment of fixed travelling allowance provided under the rules.
374 Commentary on Court-fees and Suits Valuation Act

xx.
(XX) Second Process-Server to be ordinarily deputed
to guard judgment-debtors.-When the Court considers it
advisable that a second Process-Server should be deputed to assist
the Process-Server having the custody of a judgment-debtor, the
pay of both at Re.1 a day for each, up to the time fixed for the
adjourned hearing shall be paid in advance.
XXI. (1). (XXI) (1) Average number of processes to be
executed by each Amin and Process-Server.-The number of
amins and Process-Servers to be employed for each district, from
time to time, shall be determined by the High Court, due regard
being had to the number of processes to be executed and the areas
to be served by the several Nazarats and to any other special
circumstances affecting the number of processes which one officer
may fairly be expected to serve in a given time. The number of
processes to be executed each year by each amin and Process-
Server engaged in execution work shall be regulated in accordance
with the following average figures :-

Average per Average per Process-

District.
amino Server.

(1) (2) (3)

North Areot. 250 300

South Areot. 200 300
Chengal pa ttu. 350 450
Coimbatore. 300 400
Madurai. 300 350
Ramanathapuram. 200 250
Salem. 300 400
East Thanjavur. 250 300
West Thanjavur. 200 300
Tiruehirappalli. 250 450
Tirunelveli. 250 300

2. (2) Deputation of process staff for process-writing and

guard duty.- The number of amins and Process-Servers to be
employed under each Nazir and Deputy Nazir, not exceeding the
number determined as above for each district shall in like
manner, from time to time, be determined by the District Judge
 Rules made by High Court under section 80 375

subject to the control of the High Court. In addition to the

nUlnber of amins and Process-Servers required for execution
work, there shall be employed for each Court a sufficient number
of Amins to write its process and for attending to the despatch of
process by post. The number of Amins required for the above
duties shall be determined by the Presiding Judge of the Courts
concerned having charge of the Nazarat subject to the control of
the District Judge and the High Court. Three Process-Servers
shall be deputed to guard a District Court and two Process-
Servers shall be deputed to guard each Sub-Court and District
Munsif's Court. The process servers engaged on guard duty shall
be told off in rotation for one month at a time from the whole
number of Process-Servers and shall also be available for the
service of emergent process under rule XVII. In addition to the
deputation of Process-Servers for guard duty, the Central or
Deputy Nazir, as the case may be, shall from the Process-Servers
available in Court (i.e., those who are awaiting processes to be
issued) depute a sufficient number of Process-servers for each
Court whose processes the Central or Deputy Nazir serves, to
attend to routine duties in the Courts and offices generally
known as "Hazar duties".

Note.-The High Court directs that the turn duty for the
Process-Servers may be arranged from 16th day of a month to
15th day of the succeeding month instead of from the first day to
the last day, of the month to enable the Process-Servers to get
F.T.A. for all the months.
3. (3) Commutation of process.- In calculating the number
of processes, if more than one of the same description have been
issued on behalf of the same party at the same time in the same
suit or proceeding and executed in the same town or village, the
first only shall be reckoned as a full process, and each subsequent
set of three or part thereof shall count as, but one process,
whether executed by one or more amins or Process-Servers. Three
processes shall be counted for each emergent process and one for
each day that an amin or Process-Server is in charge of a
judgment-debtor or engaged on any special duty.
a. Note.- (a) Warrants of attachment of immovable property
and proclamations are not processes of one description within the
meaning of rule XXI and must, therefore, be counted separately
each warrant of attachment as one process, and each proclamation
as one process, subject of course to the other provisions of the rules
376 Commentary on [Link] and Suits Valuation Act

regarding duplicate processes executed in the .same town or

village.
(H.C. Dis. 22 of 1909)
b. (b) An extra process is to be counted in all cases.-An addi-
tional fee is actually levied after the 2nd day under items (ii) (a),
(b), (c) and (d) and III in the Schedule of process fee or in case
arising under rule XXI of the Process-Service Rules. Care must be
taken that this concession is not abused and made a means of
unduly swelling the number of processes and thus increasing the
establishments. Nazirs and Deputy Nazirs will be held responsible
in regard to this.
c. (c) Emergent processes-how to be computed.-The High
Court considers that the proper method of calculation to adopt,
where urgent processes are taken is to reckon the first process
alone as three under the rule quoted. Such a reckoning substan-
tially allows for the urgency and does not unduly swell the number
of processes for service.
Extra processes counted in accordance with the instructions
issued in High Court Dis. No. 510 of 1909 should be reckoned as
ordinary processes, though the original process is urgent.
XXII. (XXII) Monthly report of processes execute d.- (i)
Every Central or Deputy Nazir shall, at the end of each month,
report to the District Judge the number of processes, calculated as
above, which may have been executed by their subordinates
within the month and such report shall show the number declared
by each Court to be emergent.
Note.- Statement of distribution of processes to be submitted to
District Judge.- In order to ensure that the processes are fairly
distributed among Process-Servers and that a fair average of work
is attained by each Process-Server, the High Court directs that
every Subordinate Judge and District Munsif having control over
a Nazarat, shall submit to the District Judge not latter than the
5th of every month a statement in the prescribed form.
2. (2) Strength of Nazarat to be reduced whenever the
average number of processes falls short of the prescribed
average.- The District Judge shall reduce the number of
Process-servers in the Central Nazarat of any outlying Court,
whenever the average number of processes issued for each Inan
(exclusive of those allowed under rule XXI to be in attendance in
 Rules made by High Court under section 80 377

the Courts) falls short of the prescribed average by more than ten
per centum.
a. Note.- Rule XXII(2) of the Process-Service Rules required a
reduction in the strength of the Nazarath whenever the average
nUlnber of processes issued falls short of the average prescribed by
more than 10%. This does not mean that there should be no
reduction if the fall is not so large. District Judges should not fill
up vacancies unless they are satisfied that there is sufficient work
to provide not less than the prescribed average for each Process-
server and Amin.
CIRCULAR ORDERS.
(a) (a) Instructions for the guidance of Courts in regard
to the execution of warrants of conunittal :
i. (i) Number of Process-Servers to be deputed to
escort Judgment-debtor.-The number of Process-Servers to be
deputed to escort Judgment-debtors to civil jails is a matter for the
discretion of the Court concerned which will guide itself by the
necessities of each case.
ii. (ii) Fee to be levied for issue of a warrant of conuni-
ttal.-The fee for a warrant of committal shall be that prescribed
in item III of the Schedule of process fees, irrespective of the
number of Process-Servers employed ; additional fees shall be
levied after the second day under item II of the Schedule.
iii. (iii) Mode of calculating such warrants for purposes
of rule XXI.-A warrant of committal shall count as one process,
subject to the rule XXI of the Process Service Rules, irrespective of
the number of Process-Servers employed.
iv. (iv) No fee for issue of orders of release.-No process
fee shall be levied for the issue of orders of release of a judgment-
debtor fron1jail.
v. (v) Judgment-creditor to pay the fee for the escort
of judgment-debtors to and from jails.-The judgment-credi-
tor at whose instance the debtor is taken to or brought from the
jail, shall pay the travelling expenses and batta of the escort and
of the debtor.
b. (b) Travelling allowance of Process-Servers.-Under
rule 12 of the Tamil Nadu Travelling Allowance Rules, Process-
Servers are clearly entitled to batta outside their jurisdiction and
in cases where the civil jails to which the judgment-debtors are
378 Commentary on Court-fees and Suits Valuation Act

committed are situated outside the jurisdiction of the Courts to

which the Process-Servers are attached, the Process-Servers are
eligible for batta and it should be paid to them by the Courts out of
the moneys collected from the creditors. In these cases, where the
civil jail is situated within the jurisdiction of the Courts com-
mitting the prisoners, it may also be necessary or desirable that
journeys should be performed by rail or other conveyance and then
the Process-Servers fare should be collected and paid to them. But,
they would not be entitled to subsistance allowance. The Court
has to fix in each case the charges leviable from the creditors.
c. (c) Execution of process - Instructions.- The High Court
directs that Process-Servers and amins entrusted with the
execution of warrants for attachment of property or for arrest
should carry out the orders of Court unless satisfaction of the
decree is endorsed on the warrant by the decree holder in the
manner prescribed by Order XXI, Rule 25(2) of the Code of Civil
Procedure, 1908. It is irregular for Process-Servers and amins to
return warrants unexecuted with any endorsement other than
that specified in the above rule.
(H.C. P. Dis. No. 280 of 1948)
d. (d) Supervision of the work of the process establish-
ment.-In order to ensure adequate supervision of the work of the
process establishments in the mufassal, the High Court issues the
following instructions :-
DIARIES.
1. (1) Every amin and Process-Server shall maintain a diary in
Form No. 75 (Old) New No. 64 in Appendix II of Part II, Volume
II. It shall be written up day by day and show where the amin or
Process-Server has been on each day, what work, he has done and
what processes he has served or failed to serve.
The diary will be initialled by the Nazir whenever he issues
processes and whenever the amin or Process-Server returns to
headquarters. The Process-Server or amin shall endeavour to get
the entries in the diary attested by a village officials or a
substantial ryot of the village in which processes are served,
whether personally or by affixture, or refused.
Officers in charge of Courts having Nazarats should inspect
these diaries, from time to time. District Judges will, at their
inspection of subordinate Courts, satisfy themselves that the
diaries are being regularly maintained.
 Rules made by High Court under section 80 379

OBSERVATION LIST.
2. (2) The Nazir of every Court shall prepare and submit for the
orders of the Presiding Officer not latter than the 15th of each
month two statements in the Forms A and B set out below.
3. (3) Statement A shall show the names only of those Process-
Servers and Amins not already on the Observation List who have
shown less than 50 per cent of success on the total figures of
processes other than arrest warrants for the preceding two
months. The names of those in Statement A shall, in the absence
of extenuating circumstances, be placed on the Observation List.
The Presiding Officer may, at his discretion, ignore past bad work
which has already resulted in addition to the Observation List
after a man has earned his removal froln the list by subsequent
good work.
4. (4) Statement B shall contain the names and figures for the
last preceding two months under processes other than arrest
warrants of all those who are on the Observation List. The
Presiding Officer may order the removal from this list of all those
whose figures of successful execution for the last preceding two
months under processes other than arrest warrants are over 65
per cent.
When submitting Statements A and B, the Nazir will append to
each a brief note indicating which of the Process-Servers or amins
are to be added to or removed from the Observation List, and, in
the case of Statement B, pointing out those who have been on the
Observation List for such periods as to make substantive
punishment desirable.
a. Note.-(a) For the purpose of these statements, actual figures
of processes will be given, not the fictitious figures prescribed
under rule XXI(3) of the Process Rules.
b. (b) The minimum of 50 and 65 per cent prescribed for the
statements A and B, respectively, may be varied at the discretion
of District Judge, if they are found with reference to local
conditions, to be too low or too high. Any such variations should be
reported to the High Court for information.
c. (c) For the purpose of the Observation List, arrest warrants
may be deemed to have been executed (1) when the debtor is
produced before Court, (2) when the debtor is not produced, but
part or full satisfaction is reported by the decree-holder or he
 380 Commentary on Court-fees and Suits Valuation Act

reports that the warrant need not be executed before the expiry of
the time allowed for the return of the warrant and the Court
recalls the warrant. Cases of escape from the custody of a Process-
Server or amin should be treated as cases of failure.
d. (d) When the person to be served or arrested is reported to be
non-resident or dead, the process should be excluded in calculating
percentages.
e. (e) Service of other processes on adult members of the family
or by affixture, whether after refusal or otherwise, should be
treated as failures for the purpose of calculating these percent-
tages.
f. (f) Sale warrants may be deemed to have been executed when
the sale is stopped or adjourned under the Court's orders or when
the sale is held in public Court and fails for want of bidders (but
not when it is held away from the Court and fails for want of
bidders).
g. (g) Attachment and delivery warrants may be deemed to
have been executed when on the motion of the decree-holder, the
Court recalls the warrants and orders that they need not be
executed.
5. (5) The Officer in-charge of a Nazarat shall scrutinize every
case of an unsuccessful execution of an arrest, warrant. If he
considers it necessary in any particular case, he may call for the
explanation of the amin or Process-Server concerned and may also
invite, on the administrative side, the remarks of the officer in-
charge of the Court which ordered the issue of the warrant. If he is
not satisfied with the explanation offered, he shall report the
matter to the Presiding Officer who may thereupon direct the
amin or Process-Server to be placed on the Observation List for a
specified period as a measure of punishment. Tp.e Presiding
Officer may, however at his discretion, remove him from the list
even before the expiry of that period.
6. (6) The Observation List shall be maintained in ledger form
and will contain only the names of those who have been ordered to
he placed on it as a result of the scrutiny of Statement A or of an
order passed under clause 5 above. So long as an individual
remains on the Observation List, his figures of successful service
will be entered against him in that list by month. When his name
is removed, no further entry need be made against him except a
note of the date of removal. If he is once more added to the list,

,<
 Rules made by High Court under section 80 381

entries for the period of his second stay on the list will be made in
continuation of those relating to his previous period of observation
so as to form a continuous record of unsatisfactory periods of
serVIce.
7. (7) No men should be allowed to remain on the Observation
List for long periods without receiving first a special warning and
if this is ineffective, substantive punishment. Before imposing
substantive punishment, a charge of continuously unsatisfactory
work should be framed the figures on which the charge is based
should be properly proved and the procedure prescribed in the
Statutory Rules should be carefully followed.
Ordinarily no increments or other rewards should be sanctioned
in favour of a man who is on the Observation List, but they may be
sanctioned with retrospective effect as soon as he earns his
removal.
As the successful working of the above system depends entirely
on the correctness of the figures and the personal interest of the
Presiding Officers, the latter should check the accuracy of the
figures, from time to time, and they should also be checked at the
annul inspection of Courts. Copies of the orders passed by
Subordinate Judges and District Munsifs each month on
Statements A and B should be submitted to the District Judge for
perusal on or before the 20th of each month.
8. The above instructions contemplate only one method, barring
dismissal or removal from service of earning a discharge from the
Observation List and that is by specially good work. The practice
of removing from Statement B, Process-Servers who have been
substantatively punished is not correct. That a person has
remained long enough in the list to earn substantive punishment
is a reason for maintaining a stricter watch over him rather than
for giving him a respite from observation.