Section 459 in Civil Court Rules of the High Court of Judicature at Patna
459.
Separate statements being provided to show applications for the execution of decrees, these will not be included under the head "miscellaneous (Judicial)" cases, and it is intended that such other cases only as required a judicial enquiry or order should be included. The following list shows the case which are to be entered under this head, and without the special orders of the High Court, no addition may be made thereto [G.L. 15/62]-(a)Cases under the Code of Civil Procedure(i)Applications under sections 22 and 24 to an Appellate Court to transfer suits, appeals or other proceedings pending in a Subordinate Court.(ii)Applications under Order IX, Rules 4, 9 and 13 and Order XLI, Rules 19 and 21, for the restoration to the file of suit or appeal dismissed on default or decreed ex-parte.(iii)Miscellaneous Civil Proceedings under Order XVI, Rules 12 and 17.(iv)Cases under Section 47;(iv)(a)Applications under Section 95.Note - Applications for the ascertainment of mesne profits should not be registered as Miscellaneous Judicial cases, but should be regarded as applications made in the course of the trial of the suit, vide Order XX, Rule 12.(v)Inquiries under Order XXI, Rule 2, on the application of judgment-debtors as to payments or adjustment alleged to have been made.(vi)Claims to, and objections to the attachment of, attached property under Order XXI, Rule 58, and Order XXXVIII, Rule 8.(vii)Applications under Order XXI, Rules 90 and 91 to set aside a sale in execution of a decree.(viii)Complaints by decree-holders or purchasers under section 74 and Order XXI, Rules 97 and 98 of resistance to possession being given.(ix)Applications under Order XXI, [Rule 99 (1)] [Substituted by C.S. No. 66, dated 27.12.1979.].(x)Commissions under section 76(2) for the examination of witnesses, received from other Courts and executed by the Court.(xi)Applications under Order XXXIII, Rule 1 and Order XLIV, Rule 1 for permission to sue or appeal as a pauper.(xii)Proceedings under [Order XXXIX Rule 2(a)] [Substituted by C.S. No. 67, dated 27.12.1979.], clauses (3) and (4).(xiii)Applications under Order XLVII, Rule 1 for Review of Judgment.(xiv)Applications for a Reference to the High Court under Order XLVI, Rule 7.(xv)Applications under section 144 of the Code of Civil Procedure.(xv)(a)Applications under sections 151 and 153 of the Code of Civil Procedure.(xv)(b)Applications for Garnishee proceedings under [Rules 46-A to 46-I] [Substituted by C.S. No. 68, dated 27.12.1979.], Order XXI, Civil Procedure Code.(b)Cases under other Acts[G.L 9/53, G.L. 3/54.](xvi)Cases regarding the property of intestates under section 7 of the Bengal Wills and Intestacy Regulation, 1799, in which a claimant appears.(xvii)Applications for the issue of an injunction under section 6, Bengal Patni Talkus Regulation, 1819.(xviii)Applications under Part VII of the Indian Succession Act (XXXIX of 1925).(xix)Applications regarding the care of lunatics' estates, and the guardianship of their persons, under the Indian Lunacy Act, 1912.(xx)Applications under section 47 or section 75 of the [Indian Lunacy Act, 1912] [Now, see, Mental Health Act, 1987.], for sanction to the sale, etc., of the property of lunatics.(xxi)Applications for Probates and Letters of Administration under the Indian Succession Act, 1925, except contested cases which must be transferred to the head of suits. See rule 458 ante.(xxii)Inquiries made at the instance of the Collector under clause 5 of section 19H of the Court-fees Act, 1870, as to true value of the property of deceased persons.(xxiii)Cases under section 59 of the Land Registration Act, 1876.(xxiv)Cases under section 14 of the Legal Practitioners Act, 1879.(xxv)Cases regarding redemption and foreclosure of mortgages under section 83 of the Transfer of Property Act, 1882.(xxvi)Cases under sections 84, 91, 93, 98(8), 99, 153 (last paragraph), 158, 169 and proceedings under sub-sections (5) and (6) of section 163 of the Bihar Tenancy Act, 1885.(xxvi)(a)Proceedings under clauses (a), (b) and (c) of section 15 of the Bihar Restoration of Bakasht Lands and Reduction of Arrears of Rent Act, 1938.(xxvii)Applications for Succession Certificate under the Indian Succession Act, 1925.(xxvii)(a)Applications under Sections 7, 8, 9, 11, 12 and 33 of the [Arbitration Act, 1940 (Act LX of 1940)] [Now, see, Arbitration and Conciliation Act, 1996.].(xxviii)Applications under the Guardians and Wards Act, 1890 or certificates of guardianship of minors, or of administration of their property, or, where no previous appointment of a guardian has been made by the Court or applied for, for their return to the custody of their guardians.Note. - Subsequent proceedings in connection with a guardianship case are to be treated as part of the original case and should not be registered as separate Miscellaneous cases.(xxviii)(a)Applications under Section 8 of the Hindu Minority and Guardianship Act, 1956 (Act 32 of 1956).(xxix)Cases under Parts III and IV of the Land Acquisition Act, 1894.(xxx)Miscellaneous Criminal Cases under Sections 195(1) (a), 476, 478 and 480 of the [Criminal Procedure Code, 1898] [Now, see, Code of Criminal Procedure, 1973.]. [G.L. 5/16, G.L. 2/23.](xxx)(a)References under Section 146 (1) of the [Code of Criminal Procedure, 1898] [Now, see, Code of Criminal Procedure, 1973.], as amended by Act XXVI of 1955, to decide the question of possession.(xxxi)Insolvency petitions under the Provincial Insolvency Act, 1920.Note. - Subsequent proceedings in connection with the same insolvency petition are to be treated as part of the original proceeding, and should not be registered as separate Miscellaneous Cases.(xxxii)Application under the Charitable and Religious Trusts Act (Act XIV of 1920).(xxxiii)Application 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)] [Now, see, Panchayat Raj Act, 2006.]. [G.L. 1/53.]Note. - A separate account of these applications should be kept in the register in Form No. (R) 39.(xxxiv)Cases under the Mussalman Wakf Act, 1923 (XLII of 1923) [Now, Waqf Act, 1995], and applications for the sanction required by the Muhammadan Law for the transfer of Wakf property.(xxxv)Applications under Section 5 of the Religious Endowment Act, 1863 (XX of 1863).(xxxvi)[Omitted].(xxxvii)Applications under section 13 of the [Bihar Money-lenders (Regulation of Transactions) Act, 1939 (Bihar Act VII of 1939)] [Now, see, Bihar Money Lenders Act, 1974.].(xxxviii)Applications for deposit of money under Sections 15 and 24 of the [Bihar Money-Lenders Act, 1938 (Bihar Act III of 1938)] [Now, see, Bihar Money Lenders Act, 1974.].(xxxix)Cases arising out of Election Petitions under the Bihar District Election Petitions Rules, 1939.(xl)[Omitted].(xli)Cases arising out of Election Petitions under the Bihar Municipal Election Petitions Rules, 1941.(xlii)[Omitted].(xliii)Case under Section 82A of the Indian Railways Act, 1890 [G.L. 5/52, G.L. 8/55.](xliv)Applications under sections 28(3), [29(3)] [Inserted by C.S. No. 46, dated 18.12.1973.], 32(3), 43(1), 47 and 48 of the Bihar Hindu Religious Trusts Act (Act I of 1951).(xlv)Application under section 30 of the Industrial Finance Corporation Act, 1948 (Act XV of 1948).(xlvi)Applications under section 11B of the [Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947] [Now, see, Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982.]. [G.L. 3/58.](xlvii)Applications under sections 11, 22, 32, 34, 36, 41, 46, 49, 53, 71, 72, 73 and 74 of the Indian Trust Act (II of 1882). [H.C. memo no. 2669-83, dated the 24th November, 1962.](xlviii)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 (I of 1956)(xlix)Applications under section 22 of the Hindu Succession Act, 1956 (Act 30 of 1956).(l)[x x x x] [Deleted by C.S. No. 74, dated 1.5.1985.],(li)[ Applications under sections 31 and 31 (1) of the State Financial Corporations Act, 1951.] [Inserted by C.S. No. 8, dated 11.81.972.](lii)[ Applications under section 11 of the Bihar Panchayat Samitis and Zila Parishads Act, 1961. [Inserted by C.S. No. 28, dated 11.8.1972.](liii)Petition under rule 149 of the Bihar Panchayat Samitis and Zila Parishads (Elections, Co-options and Election Petitions) Rules, 1963.](liv)[ Applications under sections 46 and 47 of the Bihar Waqf Act, 1947 (Now, Waqf Act, 1995.] [Inserted by C.S. No. 30 and Substituted by C.S. No. 42, dated 28.11.1973.](lv)[ Applications under section 8 (2) of The Bihar and Orissa Aerial Ropeways Act, 1924.] [Inserted by C.S. No. 51, dated 27.9.1974.](lvi)[ Applications under sections 152 and 242 of the Patna Municipal Corporation Act.] [Inserted by C.S. No. 53, dated 24.9.1979.](iii)Miscellaneous Non-judicial cases
