Section 1 in Bihar (Cases Flow Management in Subordinate Courts) Rules, 2008
1. Title, application and commencement.
- (i) These Rules may be called Bihar (Cases Flow Management in Subordinate Courts) Rules, 2008.(ii)These Rules shall apply to all suits and Civil, Criminal and other proceedings before the Subordinate Civil Courts and Tribunals under the control of High Court.(iii)These Rules shall come into force from the date of their publication in the Official Gazette.Part-IDivision of Civil Suits and Appeals into Tracks:(1)The Presiding Officer of the Court shall categorize the suits and proceedings in his Court into Track I, Track II, Track III and Track IV.(a)Track I :(i)Maintenance(ii)Child Custody(iii)Divorce(iv)Visiting Rights(v)Appointment of Guardian and Wards(vi)Letter of Administration(vii)Succession Certificate(viii)Eviction Cases(ix)Permanent Injunction(b)Track II :(i)Execution Cases(ii)Recovery of Rent(iii)Money Suits(iv)Suits based on Negotiable Instruments(v)Proceedings Under M.V. Act(c)Track III :(i)Partition(ii)Declaration(iii)Specific Performance(iv)Possession(v)Mandatory Injunction(vi)Appeals(vii)Damages(viii)Easements(ix)Trade Marks, Copyright, Patents(d)Track IV : All other matters, not included in Track I to III.(2)The Presiding Officer shall endeavour to dispose of the cases in Track I within 9 months, the cases of Track II within 12 months and the cases in Track III and IV 24 months from the date of appearance of defendant-respondent.(3)The Presiding Officer at the request of the parties and for valid reason can dispose of the case early, irrespective of the Track norms prescribed.(4)Once in a month, the Ministerial Officer of each Court will prepare a report as to the stage and progress of cases which are proposed to be listed in next month and place the report before the Court. When the matter are listed on each day, the Judge concerned may take such decision and he may consider/deem fit in presence of counsel/parties in regard to each case for removing any obstacles in service of summons, completion of pleadings etc. with a view to make the case ready for disposal.(5)The Judge referred to in clause (4) above may shift a case from one Track to another, depending upon the complexity and other circumstances of the case.(6)Where computerization is available, the monthly date will be fed into the computer in such a manner that the Judge referred to in clause (4) above, will be able to ascertain the position and the stage of every case in every Track from the concerned screen, and after some period, all cases pending in his Court will be covered. Where computerization is not available, the monitoring will be done manually.Part-IIOriginal Suit:
