The Order sheet

 

 The Order-sheet

(Civil Rules and Order Rules 366- 371)

366. The order-sheet [Form No. (J)13] shall be written in English and shall contain all orders passed by the Court.

367. The name of Presiding Judge shall be written on the top of the order-sheet when a case is filed and when it is taken up by another Judge his name shall be similarly entered above the orders passed by him.

368. An order-sheet shall be attached to the record of every suit or case other than a suit procedure and all orders shall be recorded thereon.

Notes: 

1. Orders shall never be written on petitions, returns, reports and other similar documents. The orders and the reasons thereof shall except as provided in rule 370 be recorded only in the order-sheet and the serial number therein with the date of the order passed and no more shall be noted t the head of the petition, report, etc. as "call for

2. It is not intended to prohibit the writing of such routine orders the record "put up with the record" etc., on petition. If the record of the case to which such petition or other document relates is in the District Record Room and it is necessary to send it there for being attached with the record, suitable order may be endorsed thereon. If in the special circumstances of a case it becomes necessary that immediate order should be passed on a petition, or any such document, the order must be transferred to the order-sheet at the earliest opportunity.

369. The order-sheet, being intended to show the course of a suit or case from first to last, shall also contain note of every order made in the sult or case, and shall show the date of, and the proceedings at, every hearing. It is to be a faithful history of the case and all proceedings taken in it and at the same time it should be so drawn up as to show all the details of the case at one view, and yet be as concise as possible. It shall show, among other matters, the dates on which the plaint and written statements were filed, issues were recorded or amended, witnesses examined and their names in the order in which they are examined, the date of the delivery of judgment, of the signing of the decree, and of any application for review of judgment or amendment of the decree. It shall also contain a note of other proceedings and of the fact of any objection being made thereto, and if witnesses are in attendance when a case is adjourned, the fact shall be noted with an order to attend on the date their attendance may be required.

Notes:

1.Orders in proceedings under the C.P. Code, for the restoration of a suit or appeal, or for a review of judgment (see the last Note to rule 344) should be entered in the order-sheet of the main suit or appeal. A separate order-sheet should not be prepared. In all cases the order of an Appellate Court calling for the record of a suit or appeal, should be recorded on a separate paper and reproduced on the order sheet of the suit or appeal when the records have been received from the lower Court. If the orders thereon are lengthy, the instructions given in the following rule (370) should be followed.

2 Records of proceedings for transfer arising out of applications under section 24. Civil Procedure Code, shall be retained in the Superior Court where the proceedings started. When such proceedings are disposed of and the main record has been called for by the Superior Court, the final order passed shall be reproduced in the order-sheet of the main record before its return to the lower Court. Otherwise the final order shall be communicated to the Court concerned for reproduction in the order-sheet of the main record.

370. Orders, the reasons for which require to be recorded at length, shall not be written on the order-sheet, but a note of the order and of the date on which it was made, shall be entered in it.

(2) Orders directing anything to be done by parties or their pleaders shall be signed then and there by the parties or their pleaders.

Notes: 1.While every endeavour should be made to get the signature of the pleaders concerned to important orders, their attention is drawn to the fact that it is not duty of the Court to call upon the pleaders to sign the orders issued or to inform them of the orders passed. It is for the pleaders to be present at the proceedings to make themselves acquainted with the order passed

2. Pleaders should invariably append the date when signing orders and proceeding in token of their being communicated to them, but nothing

should be written other than signature and date.

371. The order-sheet may be written by an officer of the Court at the dictation of the Presiding Judge, who, however, shall sign as soon as possible after it is so written and be responsible for the correctness of the entries in it. Important order or orders which call for the exercise of judicial discretion or discrimination should always be drawn up in the Presiding Judge's own hand. Time may be abbreviated by the use of rubber stamps for recording routine orders.

Note: A Presiding Officer's full signature should always appear against all orders written by him under the provisions of this rule.

Criminal Rules and Order

(Rule 179- 183)

R. 179. An endorsement in the prescribed form shall be attached to the record of every case and all orders passed by the court shall be recorded thereon.

Note-(1) Orders shall never be written on any petitions, returns, records and other similar documents.

(2) The orders, the reasons for which require to be recorded at length, shall not, however be written on the order-sheet, but a note of the order and of the date on which it was made shall be entered in it.

Order sheet for Sessions Court

R. 180. (a) An order-sheet in Form (M) 17 shall be used in all Sessions Trial and shall contain a complete record in chronological order of the proceedings from the commencement to the conclusions, of the trial and every order passed during the trial.

(b) The order-sheet may be written by the Bench Clerk but shall be signed by the Sessions Judge after he has satisfied himself of the correctness of all the entries made therein.

R. 181. The order-sheet shall contain the following, namely:-

(1) an abstract of the charge of charges and if any announcement is made by the Sessions Judge under section 216 of the Code, a note of that fact (2) A note of the fact that the charge has been read out and explained to the accused and a note of his plea.

(3) A note stating by whom the case is opened, and if any preliminary objections are taken, the substance of such objections with the orders passed thereon.

(4) If the case is transferred for trial to the Chief Judicial Magistrate under section 228 of the Code, a note of that fact stating the reasons of such transfer.

(5) If in any case, the evidence is taken in the absence of any accused, a note of that fact.

(6) The names of the witnesses for the prosecution as they are examined.

(7) Particulars of any documentary evidence or articles admitted in evidence for the prosecution with a note of any document tendered in evidence and rejected, as well as the order passed.

(8) If the accused has been examined, a note of the fact and whether on being asked, he has stated that he means to adduced evidence.

(9) A note of the fact that the prosecutor sums up his case.

(10) If the accused or his pleader addresses the Court, a note of such fact.

(11) The names of any witnesses examined for the defence and particulars of any documentary evidence or articles admitted for the defence.

Note. The fact of rejection of any documentary evidence of articles should also be noted.

(12) If the accused offers himself as a witness, the fact and a note on his request made in writing in this behalf.

(13) If the prosecutor replies, the said fact.

(14) If the accused is convicted a note of the fact that he has been heard on the question of sentence.

(15) The substance of the judgment delivered.

Order Sheet for the Magistrate's Court

R. 182. (a) An order-sheet in Form (M) 16 shall be used by all Magis. trates subordinate to the High Court and it shall include every interlocutory order from the date of complaint or the date on which the accused is produced in custody or surrenders before the Magistrate and shall also contain the substance of the final order.

(b) Besides the particulars mentioned in rule 181 so far as they are applicable to a Magistrate's Court, the Order-sheet of the said court shall contain

the following, namely:- (1) The fact of taking cognizance of an offence by the court.

(2) A note of the order, consent, sanction etc., either under the provi- sions of the Code or of any other enactment giving jurisdiction to the Code to take cognizance of an offence.

(3) All statutory requirements affecting the validity of a trial or inquiry.

(4) Full reasons for which an adjournment is granted or refused.

R. 183. Orders requiring the exercise of Judicial discretion and the final order shall be recorded by the Magistrate in his own hand or typed by him, others may be recorded under his direction by the Bench Clerk.

Note. When a case is transferred from one Magistrate to another, the order-sheet shall accompany the record.