Section 259 in Civil Court Rules of the High Court of Judicature at Patna
259.
The records of decided, contested and uncontested suits and cases of Classes I, II, III and III-A other than those referred to in rule 232, of the preceding chapter, and the records of miscellaneous non-judicial cases and of cases belonging to Classes IV and IV-A shall be forwarded to the District Record-Room by Judicial Officers at headquarters in the course of the second month and by Judicial Officers at out-stations in the course of the fourth month next succeeding that in which they were decided or disposed of. [G.L. 1/35, G.L. 1/36.]Note 1. - For the purposes of this rule suit in which preliminary decrees are made should be regarded as finally disposed of only when the final decree has been passed but where in suits for partition the final decree cannot be drawn up owing to the failure of the party concerned to pay stamp duty of the requisite value, the record shall be forwarded to the District Record-Room by the Courts at headquarters on the expiry of six months, and by the Courts at out-stations on the expiry of one year, after the date on which the final decree was passed.Note 2. - In suits relating to mortgage, if no final decree is passed the record shall be retained in the Trial Court for three years from the date fixed for the payment of the sum declared in the preliminary decree to be due. [G.L. 5/41.]Note 3. - Where the decree directs a partition, or under Order XX, rule 12, of the Code of Civil Procedure, an enquiry as to rent or mesne profits, and no final decree is passed, the record shall be retained in the Trial Court for three years from the date of the preliminary decree.
