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State of Bihar - Section

Section 303 in Civil Court Rules of the High Court of Judicature at Patna

303.

The following instructions should be observed in transmitting records from one Court to another-
(a)If the two Courts are situated in the same station, the record should be despatched by hand properly packed with a despatch register in which a serial number and date should be entered, and the signature of the recipient should be taken.The serial number and date appearing in the despatch register should be reproduced in the remarks column of the Register of records removed. If -the requisitioning Court is situated in a different station, records should ordinarily be sent by parcel post, the postage being paid by means of service stamps. But if the transmitting Court whether Civil, Criminal or Revenue, thinks fit, the record may be sent through a special messenger, in which case, on intimation thereof being given (and such intimation should be given forthwith), the cost of sending the special messenger including his pay and travelling allowance, if any, shall be realized in advance by the requisitioning Court from the party calling for the record, and shall be paid under an order of the requisitioning Court. Civil Courts should ordinarily refrain from issuing summons for production of a record through a clerk or special massenger, leaving it to the transmitting Court to decide by what method the record shall be sent. [G.L. 2/24.]
(b)Records relating to different cases may, if not inconvenient be packed in the same parcel provided such records are separately tied up.
(c)In the parcel containing a record should be enclosed a forwarding letter, and the cover of the parcel should bear the distinguishing number and date of that letter.
(d)A letter of advice should forwarded simultaneously with the despatch of the parcel by post but separately and by ordinary letter post, and in it the number and date of the forwarding letter referred to in the preceding clause should be quoted.
(e)An acknowledgement should invariably be required from the Court to which a parcel containing a record has been sent and in the event of none being received within a reasonable time, enquiry should be made to ascertain the cause.
Note 1. - All letters advising the despatch of civil records to the High Court and parcel containing such records, as also all returns of civil processes issued by the High Court, should be addressed to the Deputy Registrar of the High Court, Appellate Side.Note 2. - The procedure in clause (a) of this rule is to be followed also where the District Judge sends for a record from his own Record-Room.