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State of Bihar - Section

Section 89 in Civil Court Rules of the High Court of Judicature at Patna

89.

(i)Whenever a process-server is entrusted with the service of a process under which he is authorized to receive money, he shall be given by the Nazir a loose form of cheque with counterfoil in Form No. (A) 12C. The cheque made over to the peon shall be entered by the Nazir in the register of cheques in Form No. (R) 30A and the peons's signature shall be taken in column 7 of the register in token of receipt. The peon on receiving any payment under the process shall give a receipt in the cheque form supplied to him by the Nazir for the amount paid to him, and shall obtain the signature or thumb impression of the payer on the counterfoil and shall in his service-report invariably mention the number and year of the receipt granted. In the case of illiterate payers the peon shall make every endeavour to obtain the signature of a literate witness on the back of the counterfoil. The Nazir on the return of the peon shall scrutinize the counterfoil with the service-report and countersign the counterfoil. The Nazir shall record the return of the counterfoil (or of the unused form, as the case may be), in the register of cheques. If the cheque has been used the Nazir shall send the counterfoil with the service-report to the Court concerned, to be filed with the record of the case. [G.L. 4/47.]
(ii)The cheque forms issued by the Nazir during each calendar year shall bear consecutive serial numbers for the year.
(iii)All blank cheques shall be kept by the Nazir under lock and key. The total number of the cheque forms received on indent and made over to the Nazir shall be entered on each occasion on the inside of the cover of Register (R)30A, under the signature of the Judge-in-charge of the Nazarat.
(iv)Cheque forms returned unused shall not be re-issued. Such forms shall be kept by the Nazir in yearly bundles and destroyed at the end of the year following. [G.L. 2/44.]