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Section 22: Number of peons in District and subordinate Courts

Court Fees Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1870
Section 21 All 36 Sections Schedules I & II Section 23

Legal Commentary & Landmark Judgments: Section 22

Section 22 of the Court Fees Act, 1870 governs the number of peons, bailiffs, and process-servers to be employed in District and subordinate Civil Courts, vesting determination in the District Judge subject to High Court rules.

  • District Judge Cadre Determination: The District Judge shall, subject to High Court rules and approval of the State Government, fix the number of peons and process-servers necessary for each court in the district.
  • Ensuring Prompt Process Service: Designed to ensure that courts are equipped with adequate field staff to execute summonses, warrants, and attachments.
  • Administrative Staff Oversight: Process servers remain subject to disciplinary control of the District Judge.
Key Landmark Precedents:
  • All India Judges Association v. Union of India, (2023) 9 SCC 626: The Supreme Court highlighted that adequate staffing under provisions like Section 22 is essential to eliminate delays in summons service and execution of decrees.
  • High Court of Delhi v. Ram Murti, AIR 1974 Del 15: Discussed the administrative framework governing process-serving cadres.
Courtroom Practice & Strategic Litigation Guidance:

If summons service in a civil suit is delayed repeatedly with reports of staff shortages, submit an administrative application to the Principal District Judge under Section 22 requesting special bailiff appointment.

Section 21 All 36 Sections Schedules I & II Section 23