What is the procedure for Destruction of Records? Order LVI of Supreme Court Rules 2013
1. There shall be an index of the records in every case in the form prescribed below:
Index of Papers in
Civil Appeal No.__________ of______________,(or Criminal
Appeal No. or
Petition No._______ or Suit No.____)
Cause Title
| Serial No. | Date of Filing the Paper in the Record | Description of Paper | No. of the Part to Which it belongs | Remarks |
2. The record in each case shall be divided into two parts, Part I to be preserved permanently in physical, digitized, scanned, microfilmed or such other form as may be decided by the Chief Justice of India and Part II to be preserved for the period as hereinafter provided.
3. Each paper as and when it is filed in the record shall be numbered and entered in the Index and classified in the manner as specified in this Order as soon as it is filed by writing on top right comer of the document on first page as to the part it will belong.
4. The period for which any particular record is to be preserved shall be reckoned from the date of the final decree or order in the proceeding to which the record belongs, and in case an application for a review is filed against the decree or order, from the date of the final decree or order made on review. In the case of registers, the period shall be reckoned from the date of the last entry in the register.
5. All papers forming the record relating to admission matters including petitions for preliminary hearing, objections, rejoinder and documents (except original documents), if any, and such like matters may not be retained in the Registry beyond one year of their disposal. Only the index of documents filed, original documents and the order disposing of the petitions may be preserved permanently and the rest of the papers discarded and destroyed in the manner indicated in Rule 8.
6. The Registrar may direct that any paper assigned to Part II be transferred to Part I for being preserved permanently.
7. Records which do not fall under Part I or Part II as classified below shall be referred to the Registrar who shall decide the part under which they should be included.
8. When any record is ripe for destruction, it shall be effectively shredded and the shredded strips may be disposed of as waste and the sale proceeds shall be credited to the Central Government.
9. As soon as a record is destroyed, a note shall be made in the Index against the record showing that it has been destroyed and the date of destruction.
PART I
The following papers shall be included under Part I (to be preserved permanently):
1. Index.
2. Judgment.
3. Decree or Order.
4. Pleadings (Plaint, written statement, set off and counter claim).
5. Petition of appeal, reply in petition of appeal and rejoinder to the reply, with such annexures as are original documents.
6. Statement of Case.
7. Original petitions including admitted Special Leave Petitions and Article 32 petitions, objection/reply to the notice and rejoinder to the reply, with such annexures as are original documents.
8. Reference received under article 143.
9. Reference received under article 3 I7(1) or under any statute.
10. Memorandum of compromise, award of arbitrators, which results in a decree.
11. Original documents.
12. Papers of historical, sociological, scientific or archival value and such other papers, as in the opinion of the Court or the Registrar should be permanently preserved.
13. Served summons and notices.
14. Acknowledgment (s) of receipt of summons and notices by the respondent (s)/opposite party (ies).
15. Affidavit of service, if any, filed under Rule S, Order LIII of these Rules.
16. Any other document evidencing the service of summons and notices on the respondent (s)/opposite party (ies).
REGISTERS
1. Registers of Suits, Civil and Criminal appeals, petitions under article 32, special leave petitions, special references and miscellaneous petitions.
2. Rolls of advocates and enrolment files.
PART II
The following papers shall be included in Part II and shall be
destroyed after the period indicated below:-
The following papers shall be included in Part II and shall be destroyed after the period indicated below:-
| 1. | Appearance, power ofattorney and Vakalatnama | One year |
| 2. | Affidavits | One year |
| 3. | Taxation files including bills of costs | One year |
| 4. | Register of bills of costs | One year |
| 5. | Despatch register | One year |
| 6. | Applications for condonation of delay and
such other formal applications. |
One year |
| 7. | Correspondence in cases. | One year |
| 8. | Unclaimed documents other than original documents". | One year |
| 9. | Office notes in the case files. | One year |
| 10. | Copies of Unserved summons and notices. | One year |
| 11. | Copying register. | One year |
| 12. | Surplus copies of printed records, and of pleading and petitions. |
One year |
| 13. | Minutes Book of the Judge to be destroyed by burning on the laying down of office by the Judge unless the Judge desires to retain them in his personal custody. |
One year |
Order XLII - Special Reference under Article 143 of the Constitution
Order XLIV - Reference made by the central Government / Statutory Tribunal under statutes
Order XLV - Reference under section 257 of the Income Tax Act 1961
(E) ELECTION PETITIONS
Order XLVIII - Curative Petition
PART-V
Order LI - Notice of Proceedings to the Attorney General for India or Advocate General of States
Order LIII - Service of documents
Order LV - Power to dispense and inherent powers
Order LVI - Destruction of Records
Rules to regulate proceedings for contempt of the Supreme Court, 1975