Section 634 in Civil Court Rules of the High Court of Judicature at Patna
634.
When the money sought to be drawn out of Court is in deposit, not in the Court to which the application is made, but in another Court, as for example, where two or more Courts at one station are combined for the purposes of accounts, in every such case the duty of the Court to which the application is made shall be merely to receive such application and forward it to the Court of the Judge-in-charge, with a certificate made after examination of the record as provided in rule 627 that the applicant is the proper party to receive payment of the amount claimed. In any case in which the amount has been transferred from the credit of the original payee to that of the claimant, this fact should be stated. This certificate shall be compared with the Deposit Register in the office of the Judge-in-charge. Such Register, if the sum is shown therein to be in deposit, will inform the Judge whether there is any bar to payment. If there is no such bar, the Payment Order may be issued by the Judge-in-charge, and the fact of its issue shall be noted on the back of the accompanying petition which shall be sent to the Court upon whose certificate the application was passed, in order to enable it to enter satisfaction for the amount on the record of the case. [G.L. 4/41]Note 1. - The certificate should be given on the Payment Order, that is to say in the tripartite Form no. (A)-3 at foot of Part I. in the place intended for it; and in recording the payments in the Register of Repayments, particulars may be entered as to the Court under whose orders the payments have been made.Note 2. - When money realized under the decree of one Court is attached at the instance of another Court, the application for payment should be made to the Court attaching the money. Such Court, after receiving the application, should forward it to the Court under whose decree the money is realised, and if there be no objection to the payment of the money to the applicant, the latter Court should deal with it under this rule, or, if the record of the case has been despatched to the District Record Room, under rule 629. The Court so dealing with the application should also report to the attaching Court, or, if the application has been dealt with under rule 629 also to the District Court that the amount claimed has been transferred from the credit of the original payee to that of the claimant.Lapse of Order
