Section 298 in Civil Court Rules of the High Court of Judicature at Patna
298.
(a)Applications for the return of documents from records in the District Record-Room shall be made in Form No. (M) 42 to the Judge-in-charge of the Record-Room during the time to be fixed by the District Judge. The Judge-in-charge will initial the printed order "Return if no objection" and transmit the applications to the Record-Keeper immediately on the expiry of the time so fixed. The Record-Keeper or a clerk deputed specially for the purpose shall then enter the applications in a Register in Form No. (R) 22. [G.L. 5/45, G.L. 2/49.](b)If the application has been made by the proper person and there is no objection to its being allowed, the Record-Keeper or any other clerk specially deputed for the purpose shall return the documents ordinarily on the next open day of the Court under the supervision of the Judge-in-charge or any other gazetted officer specially appointed by the District Judge for the purpose, during the time to be fixed by the District Judge. The dated signature of the person to whom the document is returned shall be obtained on the application and in the list of exhibits in acknowledgement of the receipt of the document as well as in column 8 of the Register.The application when complied with shall be attached to the file containing the documents. If the applicant does not appear to take back the document within three days from the date of filing the application, his application shall be rejected.(c)[ If the application has not been filed by the proper person, or is defective in respect of material particulars and the information furnished is not sufficient to enable the documents to be traced by any other means or there is any objection to the return of document, or if the document cannot be returned on account of its non-availability or otherwise, the application with a report of the defects noted on it shall be submitted ordinarily on the next open day of the Court to the Judge-in-charge who on the persuing the report will pass appropriate orders. Such applications as cannot be complied with for any of the reasons mentioned above shall be returned to the applicant by the Record-Keeper in the presence of the Judge-in-charge during the time to be fixed by the District Judge, to be re-filed after removing the defects if possible. In case the applicant does not turn up to take back the defective application, or is not available, within three days of the filing of the application, the application shall be rejected. If the application is re-filed it shall be proceeded with as before.The date of refiling the application shall be entered in red ink in column 2 of the Register in Form No. (R) 22 under its original serial number and entries in columns 7 and 8 thereof in respect of re-filed applications shall be made below the original entries against the fresh entry in column 2.] [Substituted by C.S. No. 4.]Note 1. - The rejected applications shall be collected in monthly bundles in chronological order and preserved for three months.Note 2. - The form of application for return of documents-can be obtained from Nazir at two paise each or two rupees per hundred.
