- In this register shall be entered all miscellaneous judicial cases for which no separate register is prescribed The following list shows the cases which are to be treated as miscellaneous judicial cases and without the special orders of the High Court no addition should be made thereto :Cases under the Code of Civil Procedure. - (1) Plaints rejected or returned for presentation to the proper Court before registration.(2)Memoranda of appeal rejected under Order XLI, Rule 3, or returned for presentation to the proper Court before registration.(3)Application under Sections 22 and 24 to an appellate Court to transfer suits, appeals or other proceedings pending in a subordinate Court.(4)Application under Rule 2 (3), Order II; Rule 21 (2), Order VII; Rule 12 (3), Order VIII; Rules 4, 9 and 13, Order IX; Rule 9 (2), Order XXII; Rule 2(2), Order XXV and Rules 19 and 21(1), Order XLI, arising in respect of suit or appeal.Note. - Applications arising from a miscellaneous judicial case shall not be separately registered but a note should be made in the remarks column against die parent application.(5)Miscellaneous Criminal Proceedings under Rules 10 to 13, 17 and 18 of Order XVI.(6)Cases under Sections 47, 95, 144 and 145.Note. - When an execution case is pending and an application under Rule 11 (2), Order XX is made the application should be treated as part of the execution case and not as a separate miscellaneous judicial case.(7)Inquiries under Rule 2 (2), Order XXI, on the applications of judgement-debtor as to payments or adjustment alleged to have been made.(8)Claims and objections under Rule 58 (1) of Order XXI or under Rule 8 of Order XXXVIII.Note. - Applications under Rules 90 and 91, Order XXI, to set aside a sale in execution of a decree are to be treated as part oi the execution case and not as separate miscellaneous case.(9)Application under Rule 95, Order XXI, for delivery of property.(10)Complaints by decree-holders or purchasers under rule 97, Order XXI, of resistance to possession.(11)Applications under Rule 100, Order XXI.(12)Commissions under Rule 4, Order XXXVI, for the examination of witnesses, received from other Courts and executed by the Court.(13)Applications under Rule 2, Order XXXIII, and Rule 1, Order XLIV, for permission to sue or appeal as a pauper.(14)Applications under Rule 2 (3), Order XXXIX.(15)Applications for a reference to the High Court under Rule 7, Order XL VI.(16)Applications under Rule 1, Order XLVII.(17)Case, under other Acts. - Inquiries under clause (5) of Section 19H of the Court Fees Act, 1870.(18)Cases relating to legal practitioners.(19)Applications under Sections 7,11, 22, 32, 34, 36, 41, 46, 53 and 72 to 74 of the Indian Trusts Act, 1882.(20)Cases under Sections 57 and 83 of the Transfer of Property Act, 1882.(21)Applications under sub-sections (3) and (4) of Section 16 of the Indian Telegraph Act, 1885.(22)Applications with respect to the guardianship of the person or of the property of minors under the Guardians and Wards Act, 1890, applications under Section 31 of the same Act and proceedings in connection with the accounts of each year under the rules framed by the High Court under Section 50 of the Act.(23)Cases under Parts in and IV of the Land Acquisition Act, 1894.(24)Miscellaneous criminal cases under Sections 476, 476A, 478, [479A] [Inserted vide Notification No. 13523-III-1-5-57, dated 22-11-1966. Published in M.P. Rajpatra, Part IV (Ga) dated 2-12-1966 at page 999.] and 480 of the [Code of Criminal Procedure, 1898] [See now the Code of Criminal Procedure, 1973 (2 of 1974).].(25)Applications or proceedings under Section 61 of the Indian Stamp Act, 1899.(26)Proceedings under Section 62, 76 (2), 77, 80, 82 and 88 of the Indian Lunacy Art, 1912.(27)Applications under the Companies Act, 1956.(28)Applications under Sections 25 (2) of the Madhya Pradesh Land Alienation Act, 1916.(29)Petitions under Section 7 and proceedings under Sections 4, 53, 54, 70 and 72 of the Provincial Insolvency Act, 1920.Note. - Proceedings under Sections 4, 53 and 54 of the Act should be entered in this register and not in the register of Insolvency Petitions.(30)Petitions under Sections 3 and 7 of the Charitable and Religious Trusts Act, 1920.(31)Proceedings under Sections 3 and 5 of the Musalman Wakf Act, 1923(32)[ xxx] [Omitted vide Notification No. 9156-III-1 -12-36, F. No. 10/1, Part 2, dated 15-10-63. Published in M.P Gazette, Part 4 (Ga), dated 1-11-63 at page 816.],(33)Applications under Section 14 of the Madhya Pradesh Local Fund Audit Act, 1933.(34)Applications under Section 11 of the Madhya Pradesh Money Lenders Act, 1934.(35)Petitions under Section 3 of the Madhya Pradesh Adjustment and Liquidation of Industrial Workers' Debt Act, 1936.(36)Cases under Section 26 of the Madhya Pradesh Public Trusts Act, 1951.(37)Proceedings against witnesses and proceedings under sub-section (2) of Section 18A of the Workmen's Compensation Act, 1923.(38)Applications under the Insurance Act, 1938.(39)Applications for appointment or removal of mutawallis; applications for fixing; reducing or increasing the remuneration or allowances of mutawallis or of the officers or servants attached to the wakf; and applications by mutawallis for permission to alienate wakf immovable property.(40)Applications under Sections 21 and 38 of the Madhya Pradesh Co-operative Land Mortgage Banks Act, 1937.(41)The following applications under the Arbitration Act, 1940 when not connected with a suit or proceeding pending before a Civil Court or with an application under Section 20 (2) or 14 (2) of the Act registered as a suit;-(i)to revoke the authority of an arbitrator or umpire (Section 5);(ii)to appoint an arbitrator sole arbitrator, or umpire (Sections 8 (2) and 12);(iii)to set aside the appointment of a sole arbitrator or to allow further time of a defaulting party (Section 9);(iv)to remove an arbitrator or umpire (Section 11);(v)to obtain the Court's opinion on a special case, etc., states (Section 13 (b));(vi)to modify or correct an award (Section 15);(vii)to enlarge time (Section 28);](viii)to set aside an award (Section 30);(ix)to contest an arbitration agreement or award (Section 33);(x)to obtain an order for delivery of the award (Section 38).(42)Applications under Section 21 of the Arbitration Act, 1940 (X of 1940).(43)Petitions under Section 20 of the Madhya Pradesh Municipalities Act, 1961.(44)Proceedings under sub-section (6) of Section 17B of the Indian Criminal Law Amendment Act, 1908 (XIV of 1908).Note. - Registered address shall he shown in columns (3) and (4) and in the instructions contained in Rule 371 (2) followed in making entries.(45)Cases under clause (ii) of sub-section (1) of Section 4 of the Madhya Pradesh Accommodation (Requisition) Act, 1948 (LXIII of 1948).(46)Cases under clause (b) of sub-section (1) of Section 91 C of the Madhya Pradesh Irrigation Act, 1931 (III of 1931).(47)Applications-(i)under the proviso to Section 35 (5) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951), or(ii)under Section 15 (2)(c) of the Madhya Bharat Abolition of Jagirs Act, 1951 (XXVIH of 1951), or(iii)under Section 15 (3)(b) of the Vindhya Pradesh Abolition of Jagirs and Land Reforms Act, 1952 (XI of 1952), or(iv)under Section 15 (3)(b) of the Bhopal Abolition of Jagirs and Land Reforms Act, 1953 (X of 1953), or(v)under the proviso to Section 35 (3) (b) of Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (VI of 1952).(48)References under section 62 of the Madhya Pradesh Panchayats Act, 1962.(49)References under Section 146 of the Code of Criminal Procedure.(50)[ Applications under Section 307 (5) of the Madhya Pradesh Municipal Corporation Act, 1956.] [Inserted vide Notification No. 13523-III-1-5-57, dated 22-11-1966, Published in M.P, Rajpatra, Part IV (Ga), dated 2-12-1966 at page 999.]
