Section 687 in Civil Court Rules of the High Court of Judicature at Patna
687.
When payment of a deposit lapsed under rule 684 is required by a person entitled thereto, an application in Form no. (A)-3 shall be made through the Presiding Officer, who shall examine the claim, and, if he finds it correct, shall forward the application to the District Judge who, if satisfied that the inquiry has been adequate, shall forward an application in Form no. (A)-4 to the Accountant General. The Presiding Officer should, in cases of doubt, ordinarily insist on the personal attendance of the applicant and should require him to affix to the Order-sheet in his presence his signature or thumb impression. He should also require the attendance of the pleader through whom the application has been made. The Presiding Officer may, in his discretion, require the applicant to sear an affidavit, to adduce oral or documentary evidence of his identity, and, as a guarantee of his good faith, to furnish security. If as a result of his inquiry the Presiding Officer, other than the District Judge, is not satisfied of their identity of the applicant, he should forward the application with the record of his inquiry and a report to the District Judge. If the District Judge is satisfied of the identity of the applicant he should pass the application. If he is not satisfied and considers that the identity cannot be established without a local inquiry he may refer the matter to the Collector or to the Subdivisional Officer in the case of outlying Munsifs. The Collector or the Sub-divisional Officer as the case may be, shall cause a local inquiry to be made and submit a report to the District Judge. Several deposit numbers may be included in a single application, if they are payable to the same person. The Accountant-General's letter of authority, when received, shall be noted against the item in the Clearance Register (or Original Register in case of deposits not transferred to the Clearance Register), so as to prevent a second application. This letter shall then be passed for payment at the Treasury, as prescribed in the form. No other record of these refund is necessary; and such payments are not to be shown in the plus and minus memorandum. [Individual items of peremptory deposits do not come with in the provisions of audit. See H.C. Letter no. 6958-70, dated the 24th June 1937]Note 1. - As soon as the application in Form no. (A)-4 is forwarded to the Accountant-General the application in Form no. (A)-5 relating to it shall be cancelled by an endorsement "application made to the Accountant-General for refund" across Part II of the form (for which a rubber stamp may be used) and the endorsement shall be signed by the Judge-in-charge.Note 2. - A record of the steps taken by the Presiding Officer to satisfy himself of the correctness of the claim should be kept on an order-sheet. Every application should be treated as a miscellaneous case and the order sheet and the connected papers should be preserved for a period of 12 years. Whenever the Presiding Officer considers it necessary to call on the applicant to give his signature or thumb impression it should be taken on the order-sheet.
