Section 471 in Civil Court Rules of the High Court of Judicature at Patna
471.
The calculation of the duration of cases shall be made as follows :-(1)Except for calculation of average duration, cases restored or revived under the provisions of the Code of Civil Procedure and cases received on remand, shall be treated as pending from the date of institution (see rule 468 above) and not from the date of restoration, revival or of receipt after remand.(2)In calculating average duration, the time that the suit has actually been pending in the Court of first instance should alone be calculated. The interval should be omitted during which an application for review which has been granted or an appeal in which an order for remand has been passed, has been pending in the superior Court. Revived suits are to be treated as newly instituted on revival.(3)In respect of cases transferred from one Court to another the duration should be invariably calculated from the date of institution. Advantage should be taken of the column in the returns for "Remarks" to show the extent to which the particular Court immediately concerned is responsible for any delay, which under the rules, requires explanation.Note. - The date of the transfer of a case by one Court is ordinarily to be taken as the date of its receipt on transfer by another; any instances of unusual delay should be noticed in the explanations.
