The B

PUBLI

(NO.PATNA 484) PAT

S. O. 166, dated 13th

section 122 of the Code of C

Patna is pleased to propose th

order XVIII of the Code of Ci

the Official Gazette for inform

Objections if any, m

Government of Bihar, Old S

Official Gazette. After disposa

to the additon of the Rule "4A

made.

Draft of proposal sent

REGISTERED

Bihar Gazett

XTRA ORDINARY

SHED BY AUTHORITY

22 BHADRA 1934(S)

TNA, THURSDAY, 13TH SEPTEMBER

LAW DEPARTMENT

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NOTIFICATION

The 12th September 2012

h September 2012—In exercise of the powers co

Civil Procedure, 1908 the Hon'ble High Court of

he following substitution of new Rule as "4A" af

ivil Procedure, 1908, The draft of which is hereby

mation of general public and inviting objections if a

may be submitted before the Secretary, Law

Secretariat, Patna-15 within 15 days of its publ

al of objections if any, final publication of Notific

A" in order XVIII of the Code of Civil Procedure,

by the Hon'ble High Court, Patna is hereby annex

(File no. B/Estt.(H.C.)-6-37/0

By Order of the Governor o

VINOD KUMAR SIN

Secretary to Governm

NO. PT.-40

tetetete

R 2012

onferred under

f Judicature at

fter Rule 4 of

y Published in

any.

Department,

ication in the

cation releting

1908 shall be

xed.

08-6816/J.)

of Bihar,

NHA,

ment.

BIHAR GAZETTE (EXTRA) 13TH SEPTEMBER 2012

AMEDMENT IN ORDER XVIII RULE 4 C.P.C.

In exercise of power conferred u/s 122 the CODE OF CIVIL PROCEDURE, the

HIGH COURT of JUDICATURE at PATNA, hereby, frames the following rules-namely.

THE PATNA Amendment of the Code ot the CIVIL PROCEDURE RULES.

[Insert the following Rule-4A in ORDER XVIII OF THE CODE OF CIVIL

PROCEDURE]

Rule-4A

Panel of Commissioners for all Courts within the DISTRICT

1.) (i)

The District Judge shall prepare a panel of Commissioners for all the courts

within the District. There shall be separate panels of such Commissioners for

each sub-division of the District.

(ii)

For preparing the panel, the District Judge shall conduct an examination in the

subject of Code of Civil Procedure and Evidence Act. Such examination may be

conducted every five years. A lawyer having practice of minimum five years shall

be eligible to appear in the examination. The lawyers shall be selected and

included in the panel according to the marks secured by them. Additional marks

upto 10% may be given for good handwriting. For good reasons the name of a

lawyer may be struck off from the panel by the District Judge. The panel shall

consist of such number of lawyers as deemed necessary by the District Judge.

(iii)

The selected commissioners shall undergo training in the relevant provisions of

the Code of the Civil Procedure and the Evidence Act. Such training shall be

conducted under the supervision of the District Judge or a Civil Judge of the

Sub-division nominated by the District Judge, in a manner found suitable by the

District Judge or at Bihar Judicial Academy, Patna as per direction of the High

Court.

A Commissioner shall file an undertaking in the Court, upon his appointment,

that he will take suitable care for the safety of the records handed over to him or

filed before him and shall not allow a party to inspect the records in the absence

of the other party.

All the Commissioners will work usually in the Court premises during Court

hours at a place specified by the Court. After each day's sitting, the

Commissioner shall handover the records and the documents to the officer of the

Court, especially assigned with such duty to take charge of the records and the

documents, which shall again be handed over, if required, to the Commissioner

on the next date fixed in the case.

The Commissioner shall maintain a day-to-day order sheet regarding the

progress of the case which shall include names of witnesses cross-examined and

the objections raised during their cross-examinations for decision by the Court at

the time of arguments, records of the documents exhibited and demeanor of any

witness considered necessary to be recorded.

The remuneration to be paid to the Commissioner shall be fixed by the Court

which may vary from case to case between Rs. 100-300 per witness depending

upon the nature of evidence. Such payment shall be made every month for which

the State Government shall provide fund to the District Judge. The above rate of

fee shall be revised every 3 years by the State Government through notification.

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PUBLISHED AND PRINTED BY THE SUPERINTENDENT,

BIHAR SECRETARIAT PRESS, PATNA.

Bihar Gazette (Extra) 484—571+10—Egazette

Website: http://egazette.bih.nic.in