Section 446 in Civil Court Rules of the High Court of Judicature at Patna
446.
Register No. (R) 2 - Register of Miscellaneous Judicial Cases. - In this Register all Miscellaneous Judicial cases including References under the Land Acquisition Act, Probate, Letters of Administration or Succession Certificate, Applications in respect of Minors and Lunatics, Applications to sue in forma-pauperis, Claims and Objections should be entered. Applications to appeal in forma-pauperis shall also be entered in this Register. [H.C. letter no. 413-28, dated 15th January 1966.]Note 1. - In this Register should be entered all Miscellaneous Judicial Cases mentioned in rule 459 except insolvency petitions which shall be entered in a separate register in Form No. (R) 2-A 1[and the petitions under section 78 of the Village Administration Act, 1922 and under sections 70 and 73 of the Bihar Panchayat Raj Act (VII of 1948)2 which shall be entered in the register in Form No. (R) 39].Note 2. - Where there are numerous applicants or opposite parties or objectors, the names of the principal applicant and principal opposite party only need be entered in column 4 and of the principal objector, if any, in column 6, and the fact of omission of the names of the other parties may be indicated by adding the word "and ors." after the names of the principal applicant, opposite party and objector. In cases which relate to suits or other cases and where the descriptions and addresses can be traced out with reference to other registers containing the descriptions and addresses of the parties in those suits and cases the descriptions and place of residence need not be noted in columns no. 4 and 6.Note 3. - The following information should also be noted in the column for remarks :-(i)In the case of applications for Probate and Letters of Administration-(a)The action taken by the Court in cases in which an estate has been found to have been undervalued in the first instance.(b)The date of filing of the inventory mentioned in sections 256 and 317 of the Indian Succession Act, 1925 (XXXIX of 1925).(c)The date or dates of submission of the accounts referred to in the same section.(d)Value of estates and value of Courts-fee paid thereon.(ii)In the case of applications in respect of minors and lunatics-(a)The date of filing of the inventory mentioned in section 34 of Act VIII of 1890 and in section 76 of Act IV of 1912.(b)The date or dates of submission of accounts referred to in the same section.(c)In regard to Act VIII of 1890, if no inventory or accounts have been required by the Court, the fact should be stated.(d)The order requiring proof to be furnished within a certain time of the manner of the disposal of the sale-proceeds of a minor's or lunatic's property should be quoted and a note made when it has been complied with.(e)Value of the estate.(iii)In the case of application to sue or appeal, as a pauper-(a)The corresponding number of the suit or appeal as the case may be.(b)Date of sending the decree to the Collector.(iv)In case of Garnishee applications under rules 63-A to 63-H, Order XXI, Civil Procedure Code, the amount realised, the amount deducted as Court-fees, the number of chalan with date showing the deposit of court-fees in the Treasury.(v)In other Miscellaneous Judicial Cases relating to suits and other cases, the number of the suit or the case out of which the Miscellaneous Judicial case has arisen.
