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State of Bihar - Section

Section 218 in Civil Court Rules of the High Court of Judicature at Patna

218.

(1)Class III includes records of-
(a)All suits which do not come under Class I or Class II, excluding suits of the Small Cause Court class which are tried in the Regular Civil Courts under the procedure prescribed for Small Cause Courts and suits falling under Class III-A.
(b)Suits for the recovery of arrears of maintenance.
(c)Cases under Part VII of the Indian Succession Act (XXXIX of 1925).
Cases under the Land Acquisition Act, 1894, Parts III and IV.Cases under the Land Registration Act, 1876, section 59.Cases under the Transfer of Property Act, 1882, section 83, regarding the redemption and foreclosure of mortgages.Cases under the Legal Practitioners, Act (Act XVIII of 1879).Cases under the Bihar Tenancy Act, 1885, sections 91 to 93. [G.L. 5/65.]Cases under the Civil Procedure Code for a declaration of insolvency, or under the Provincial Insolvency Act, 1920.Cases under the Bengal Wills and Intestacy Regulation, 1799, section 7, regarding the property of intestates in which a claimant appears.
(d)Applications to sue or appeal in forma pauperis, if rejected.
(e)Cases under sections 98 (8) and 99 of the Bihar Tenancy Act.
(f)Applications under section 78 of the Village Administration Act, 1922 (III of 1922), and under sections 70 and 73 of the Bihar Panchayat Raj Act (VII of 1948).
(g)Applications under section 5 of the Religious Endowments Act, 1863 (XX of 1863).
(h)Cases under section 17 of the Payment of Wages Act, 1936 (IV of 1936).
(i)Applications for deposit of money under section 24 of the Bihar Money-Lenders Act, 1938 (Bihar Act III of 1938).
(j)[ Cases arising out of Election Petitions under the Bihar District Board Election Petitions Rules, 1939.] [For Election cases arising out of Representation of People Act, 1951, see H. C. memo no. 2232-44, dated 25th February, 1958 read with H.C. letter no. 7132-45, dated 1st August, 1958.]
(k)[Deleted]
(l)Cases arising out of Election Petitions under the Bihar Municipal Election Petitions Rules, 1941.
(m)[Deleted]
(n)[Deleted]
(o)Application under sections 7, 8, 9, 11, 12 and 33 of the Arbitration Act, 1940 (Act X of 1940).
(p)Applications under sections 28 (3) and 47 of the Bihar Hindu Religious Trusts Act (Act I of 1951).
(q)Applications under section 22 of the Hindu Succession Act, 1956 (Act 30 of 1956).
(r)Such other cases as the High Court may from time to time direct to be included.
(s)[ Application under section 11 of the Bihar Panchayat Samiti and Zila Parishads Act, 1961. [Inserted by C.S. No. 29.]
(t)Petition under Rule 149 of the Bihar Panchayat Samities and Zila Parishads (Elections, Co-options and Election Petitions) Rules, 1963.]
(2)Class III-A includes records of-
(a)Suits for arrears of rent under the Bihar Tenancy Act where the claim does not exceed Rs. 250.
(b)Cases under section 153 (last paragraph) of the Bihar Tenancy Act.
(c)Applications under sections 11B and 12 (3) of the [Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947] [Now, see Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982.].
(d)Applications under sections 75, 89, 113, 141, 234, 240 and 614 and cases under sections 118, 144, 163, 196, 219, 304, 307 and 375 of the Companies Act, 1956 (1 of 1956).
(e)[Deleted]
(f)Applications for compensation under section 110A of the Motor Vehicle Act, 1939.
Note. - Proceedings under the Civil Procedure Code for the transfer or for the restoration of a suit or appeal, or for a review of judgment, are proceedings in the suit or appeal, and must form part of the record relating thereto.