Civil Manual 540 — Section

Gujarat High Court Civil Manual (subordinate court practice), 1960

Statutory text

In addition to the duties mentioned in paragraph 539, a District Judge may delegate or assign to his Clerk of the Court all or any of the following duties on being satisfied that the said Clerk of the Court is competent to discharge the same:— I. Quasi-Judicial.

(i) Determining the nature of summons to be issued under Order V, rule 5, Civil Procedure Code.

(ii) Receiving documents produced by parties on the day fixed for the first hearing under Order XIII, rule 1(2), Civil Procedure Code.

(iii) Requiring the return of documents and substituting certified copies in their places under Order XIII, rule 9, Civil Procedure Code.

(iv) Calling for records on the application of parties under Order XIII, rule 10(1), Civil Procedure Code.

(v) Calling upon the applicant-judgment-creditor to produce a certified copy of the decree when it is not already produced with the darkhast under Order XXI, rule 11(3), Civil Procedure Code.

(vi) issuing a certificate when the Court authorizes a judgment-debtor to raise the decretal amount by sale of the attached property under Order XXI, rule 33(2), Civil Procedure Code. II. Non-Judicial.

(i) Calling upon the parties to deposit money to cover the expenses of witnesses under Order XVI, rule 4(1), Civil Procedure Code.

(ii) Furnishing certified copies of judgments and decrees under Order XX, rule 20, Civil Procedure Code.

(iii) Issuing a sale certificate to purchaser under Order XXI, rule 94, Civil Procedure Code. Other Non-Judicial or Administrative Duties.

(i) Calling for reports and accounts from the private guardians.

(ii) Assisting the District Judge in the inspection of lower Courts.

(iii) To perform such duties and exercise such powers in relation to the appointment and transfer of the members of the District Judge's establishment as the District Judge may by general or special order determine.

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