Gujarat High Court Civil Manual (subordinate court practice), 1960
The old rule framed by the High Court under section 40 of Act XIV of 1869 is as follows:— "In addition to the duties set forth in section 40 of Act XIV of 1869, the Judge of a District or subordinate Court may authorize the Clerk of his Court to perform all or any of the following duties, namely,— (a) authenticate translations, (b) sign receipts for papers received in the Court, (c) have charge of and affix the seal of the Court, (d) sign registers and books of proceedings and notices on the notice board, (e) receive and register all applications and papers accompanying them, being bound to refer such as he considers should be refused or amended for the orders of the Judge, (f) receive and dispose of all merely formal applications which are presented in due time, and must prima facie be granted as a matter of course: e.g., applications for adjournment made on the ground that the summons was not served on defendant or that service must be proved, or that a notice may be served on the legal representative of a deceased defendant or a guardian ad litem of a minor defendant, or with consent of both sides that a compromise may be effected, (g) receive written statements under Order VIII, rule 1, of the Civil Procedure Code, (h) in the temporary absence of the Judge, adjourn proceedings, make orders for the re-attendance of witness and take bail, from an apprehended witness under Order XVI, rule 18, of the Civil Procedure Code and from judgment-debtors arrested under Order XXI, rule 38. In addition to the above duties the Clerk of the Court may in a District Court— (i) receive and register appeals and papers accompanying them, (ii) sign Roznamas, (iii) sign 'by order' and after taking the order of the Judge, correspond with the Civil Judges relating to leave of absence, establishment, pay and allowances, contingent bills, periodical returns or statements, budget estimates, and similar matters of administration, (iv) exercise a general control over the Record Keeper, in providing for the proper sorting and destruction of records, in accordance with the rules in force regarding the permanent or temporary preservation of such records. Nothing in section 40 of the Bombay Civil Courts Act or in the above rules should be construed to affect the power of the presiding officer of each Court under Order IV, rule 1; Order VII, rule 17; Order V, rules 1, 10 and 30(1); Order XVI, rule 1; and Order XXI, rules 10 and 24, of the Civil Procedure Code to appoint an officer who need not be the Clerk of the Court, for the duties mentioned in the said rules as capable of delegation to an officer appointed in that behalf." The above rule is still in force so far as it is consistent with the Code, and it should be followed. In the temporary absence of the Clerk of the Court a Civil Judge may appoint a senior clerk to authenticate copies and translations "for the Clerk of the Court."