Section 626 in Civil Court Rules of the High Court of Judicature at Patna
626.
(a)Persons desiring to draw money deposited in Court, and payable to them, shall submit to the Chief Ministerial Officer of the Court under whose decree or order the money was tendered, an application in Form no. (A)-3 accompanied with a petition, duly stamped where necessary. One copy of such form shall be supplied free of charge. In this form the applicant shall enter all particulars necessary for the identification of the credit. If it is intended to withdraw more than a single item of deposit made in the same case by one application, the number and date and amount of each deposit must be distinctly stated. Separate applications are necessary where cases are different.Note 1. - If the party entitled to the money does not appear in person, the applicant must satisfy the Court that he is duly authorized, by an instrument in writing, to draw the money for the person so entitled :Provided that where the application is for payment of a sum not exceeding Rs. 50, the application may be signed by a pleader duly authorised in that behalf.Note 2. - The applicant must comply strictly with the terms of the order under which the money is claimed. Thus, one of a number of joint decree-holders, cannot be allowed to take out what he calls his share in the decretal amount; they must all join in the application unless there has been an order for distribution.This note is not intended to prohibit the payment of the entire amount of deposit to one of a number of joint decree-holders or to one of joint land-holders on the certificate of the Court under whose orders the money was received, that the amount is payable to him for himself and for all the others, whose names should be mentioned. What is intended to be barred is the payment of the amount in dribblets to the several decree-holders separately unless there has been an order for distribution.(b)In cases in which Court-fee stamps are purchased by the Nazir from deposits, the final order for the payment of such deposits must contain a direction to the Treasury Officer to pay the amount in stamps to the Nazir of the Judge, to whose credit it was deposited and to transfer the amount of the deposit to stamp Revenue.Note. - This rule should not be held to apply to outlying Munsifs, at places where there is no Treasury. In such cases the Munsifs should purchase stamps from local stamp-vendors, for cash out of the deposit money in their hands.Audit of Application
