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State of Bihar - Section

Section 445 in Civil Court Rules of the High Court of Judicature at Patna

445.

Register No. (R) 1 - General Register of Suits - Separate Registers should be maintained for the following classes of suits :-(i)Suits for Money and Movables.(ii)Suits for Rent.(iii)Title and other Suits.(a)In the Register of Suits for Money and Movables, column 2 shall contain the consecutive number of suits in the Register and column 3 a subordinate serial number for all suits dealt with under Small Cause Court powers which are to be entered in red ink.(b)All suits under the Bihar Tenancy Act are to be classified as rent suits and should be entered in the General Register of suits for rent. [G.L. 5/65.](c)In columns 4 and 7 "and another" or "and others", as the case may be, should be added after the first name where there are more plaintiffs or defendants than one. [H.C. memo no. 2697-2709, dated 20th February 1963.](d)It will be sufficient if the nature of the claim is briefly indicated in column 10.(e)In column 17 shall be entered not only the particulars of the order on First Appeal but also the particulars of the order on Second Appeal or in Revision, if any. [H.C. memo no. 9103-17, dated 24th August, 1963.]Note. - The High Court desire to impress upon the attention of all subordinate Courts the necessity of duly and regularly filling in the particulars regarding proceedings in execution of decrees (columns 20 to 26). The proceedings upon each application for execution shall find a place in this Register which is intended to show a complete history of the suit from institution to final satisfaction of decree.(f)When money payable under a decree is paid into the Court or a petition of adjustment or satisfaction is filed without there being any execution proceeding pending, such payment or satisfaction shall be noted in columns 18 and 19 under the countersignature of the Sarishtadar. The fact that this has been done shall at the same time be noted on the petition and on the order-sheet of the suit.Note. - (1) If the record of the suit has been deposited in the District Record-room, the petition together with the connected papers shall be sent to the Record-keeper, who shall enter in red ink a note of payment or satisfaction (as the case may be) in the order-sheet of the record of the suit and the entry shall be signed by the Judge-in-charge of the Record room.
(2)If the record of the suit is before the Court of appeal, the petition together with the connected papers shall be sent to that Court, where a note of the payment or satisfaction (as the case may be) shall be made in red ink in the order-sheet of the suit record and signed by the Presiding Officer of the Court of appeal.
(3)In cases of payment into Court, the provisions of rule 118 should be carefully observed.
(g)This Register shall be maintained only in the permanent courts. A supplementary register of suits in Form (R) 1A shall be maintained in additional courts. Complete notes from start to finish including the execution proceedings regarding suits transferred to the additional Court for disposal should be entered in register (R) 1 of the Court where the suits were instituted. [H.C. memo no. 5334-48, dated 6th May, 1965; G.L. 1/23; H.C. memo no. 4249-63, dated 24th April, 1966.]