The B

PUBLI

(NO.PATNA 208) PAT

ADDENDA AND CORRIG

No. X-04-2015-168

Rules, 1916 regarding filing p

from 01.04.2016.

With the introducti

affidavits, it has become nece

Chapter III-A was introduced o

that there are different filing pr

and difficult to be incorporated

It has thus become necessary to

of all other procedures specified

REGISTERED

Bihar Gazett

XTRA ORDINARY

SHED BY AUTHORITY

25 PHALGUNA 1937(S)

TNA, TUESDAY, 15TH MARCH 2016

PATNA HIGH COURT

————

NOTIFICATION

The 14^th March 2016

GENDA TO PATNA HIGH COURT RULES, 1916 (Fifth E

C.S. No.151

8 Rules—The existing Chapter–IIIA of the Patna

procedure be substituted by following Chapter–III

CHAPTER IIIA

FILING PROCEDURE

ion of centralized filing for all petitions, application

ssary to evolve a uniform practice and procedure

on 30.09.1996 and was amended from time to time

rocedures for different types of applications, which

d in the Computer Software Program and Data Flow

o revise the filing procedure and make it uniform, i

d in the Patna High Court Rules or may otherwise be

NO. PT.-40

tetetete

Edition)

a High Court

IA with effect

ns, appeals and

for the same.

e. It is noticed

is undesirable

w Management.

n supersession

e prevalent.

BIHAR GAZETTE (EXTRA) 15TH MARCH 2016

The existing Chapter III-A of the Patna High Court Rules be substituted by the

following Chapter III-A.

Chapter III-A-Filing Procedure :-

The procedure prescribed in this Chapter will come into effect immediately.

1. All proceedings/pleadings under original or appellate or miscellaneous

(civil/criminal) jurisdiction or any other jurisdiction shall be presented for filing

only at the centralized filing counter before the Designated Officer.

(i)

Designated Officer will be nominated by the Registrar General.

(ii)

For the Purpose of this Chapter “proceeding” will mean and

include suit, counter claim, appeal, cross objection, petition,

application, miscellaneous application, caveat, and the like.

(iii)

For the purpose of this Chapter “pleading” will mean and

include written statement/Affidavit filed in any proceeding.

Provided that these procedures will not apply to the proceedings for

which a special procedure is prescribed by any statute/rule made in that

behalf.

2. All proceedings/pleadings shall be presented and received at the centralized

filing counter from 10.30 am to 1 pm and 2.15 pm to 3.30 pm on Court working

days and from 10.30 and to 1 pm on office working Saturdays.

(a)

The proceedings/pleadings shall be bound in a Paper Book form.

(b)

The proceedings/pleadings shall be on A-4 size Bond Paper.

(c)

The top margin and the left margin shall not be less than 2 inches

and the bottom margin not less than 1 inch/

(d)

Typing/printing shall be in Font Size 12 and in one and half

spacing.

(e)

The proceedings/pleadings shall bear running page number and

annexure numbers.

(f)

Every Proceeding shall be accompanied by synopsis, where

necessary, giving relevant dates of events in chronological order.

(g)

Photo state copy of a document appended as annexure, if not

legible, shall be followed, after the document, by a true typed

copy of the annexure and shall be attested by the Advocate on

Record as “true copy”.

(h)

All Proceedings/pleadings shall be filed by and through an AOR

except where it is being filed in person through any party

himself.

BIHAR GAZETTE (EXTRA), 15TH MARCH 2016

(i)

All proceedings shall be filed with a duly filled in Presentation

Form (civil/criminal) annexed to this chapter as ‘Appendix A(i)

and A(ii)’ respectively.

(ii)

Save and except where the impugned order/s is a judgment or

order of a Court or statutory Tribunal, in all other Civil and

Criminal Writ proceedings the proceedings whereof are

supported by affidavit as prescribed, the annexures including

impugned orders/judgments need not be certified copies, but

have to be true typed copies or true photo copies of such

document/s.

4. (i)

Memo of Appeal in relation to Letters Patent Appeal under Clause 10

of the “Letters Patent Constituting the High Court of Judicature at Patna”

arising out of a petition under Article 226 of the Constitution of India,

shall contain a brief statement of the plea of the writ petitioner/s and the

defense raised by the respondent/s in the Writ Petition and the grounds of

appeal. The Judgment/Order under challenge will be annexed to the

Appeal Memo. No other document or no new facts shall be incorporated

in the Appeal Memo.

(ii) The Court may allow the parties to bring on record additional materials or

new facts by a specific order made on Interlocutory Application made in

this regard.

(iii) Along with memo of appeal, complete pleadings of writ proceedings will

be filed for the use of the 2^nd Hon’ble Judge. Provided that in case,

complete pleadings are not available with any Lawyer/Advocate, he will

intimate the same to the L.P.A. Section, where he shall be issued those

wanting pleadings/ papers/documents on payment of charges as may be

fixed by the Registry.

(iv)

Interlocutory Application for stay or for interim relief and/or direction

may be filed either along with the Memo of Appeal or at any time during

pendency of the Appeal.

5. All proceedings presented to the centralized filing section shall be entered in the

Computerized/Digital Register, maintained for the purpose. The person

presenting the same shall, thereafter, be granted a receipt showing the date of

such presentation, nature of the proceedings, name of first applicant and the name

and number of AOR through whom it is filed and such other information as may

be specified by the orders of the Chief Justice, from time to time.

⁴

BIHAR GAZETTE (EXTRA) 15TH MARCH 2016

Provided that where the proceedings relate to any matter, which requires,

reporting in respect of limitation or application for initiation of contempt

proceeding, civil or criminal, the receipt for the proceedings shall be properly

numbered according to the case type and the receipt of filing shall show the said

case number.

Once any proceeding is so received, numbered and registered, they will not be

returned to any party, except on orders passed by the Court.

All other proceedings shall be assigned token numbers in chronological order

with other particulars as specified above.

Pleadings in pending matters, after grant of filing receipt, with respective case

number, shall be sent to the respective section for further action

6. Petitions under Article-227 of the Constitution of India in respect of any order or

any proceeding before any Civil Court, would be filed in Civil Miscellaneous

Jurisdiction and would be numbered as Civil Miscellaneous No. (C. Misc. No.).

7. (i)

All proceedings shall then be subjected to stamp reporting as per

requirement of respective nature of proceedings through centralized

reporting section of the Registry.

(ii)

If in course of and as a consequence of stamp reporting, any defect or

deficiency is reported or pointed out, the matter shall be so reported as

early as possible, but not later than 3 working days, in the form as

specified from time to time. In case the Stamp Reporter is unable to

complete the stamp reporting within 3 days for want of relevant records

or for any other reason, he shall complete the reporting within 15 days of

filing of the proceedings, failing which the Stamp Reporter shall submit a

report in form annexed to this Chapter as Appendix ‘B’ to the Joint

Registrar (List) or such person as may be nominated by Registrar

General for the said purpose, who shall enquire into the matter and

complete the stamp reporting.

(iii)

In case, where case numbers are duly assigned and any defect and/or

deficiency is reported by the Stamp Reporter, the matter shall be listed

before appropriate Court at the earliest, for necessary orders for direction

to remove defect or deficiencies as the case may.

(iv)

In case of proceedings where only token numbers are assigned, on

defects or deficiencies being reported by Stamp Reporter as aforesaid,

the AOR will be notified as such, as also, such notification be circulated

BIHAR GAZETTE (EXTRA), 15TH MARCH 2016

through Web/Notice to Associations. Upon such notice, the AOR or his

registered clerk may chose to remove the defect by taking back the

proceeding for re-filing within 2 weeks after removal of defects, when it

would be subject to stamp reporting, afresh.

In case, the defects cannot cured or deficiency removed within two

weeks and more time is required, the proceedings would be returned/re-

filed with a request by the AOR accordingly and placed before the Joint

Registrar (Judicial) who may grant 2 weeks further time. Proceeding left

unattended for 2 weeks, after stamp reporting, requiring removal of

defect/deficiency will be listed before Joint Registrar (Judicial) for

orders.

If in spite of time granted by Joint Registrar (Judicial) the defects and/or

deficiency is not removed, the proceeding shall be then listed, for orders,

before the appropriate court, not with token number but with proper case

number, for appropriate order/direction for removal of defect and/or

deficiency as the case may be. Such proceedings shall not be then

returned except on orders of the Court.

In no case proceedings, not returned/re-filed within 2 weeks, will be

accepted and the token number will be automatically cancelled.

8. All such proceedings, which are reported defect free or are made defect free, as

aforesaid, shall, ordinarily, be posted for ‘Admission’ on the following day.

If the pleadings relates to a pending case it would be tagged with its case records.

Provided that Interlocutory Applications filed in any case which is already posted

before the Court, would be tagged with the case records and upon urgency being

shown, to the satisfaction of the Court, would then be listed as per orders of the

Court for its consideration.

By Order of the Court,

VINOD KUMAR SINHA,

Registrar General.

⁶

BIHAR GAZETTE (EXTRA) 15TH MARCH 2016

Appendix A(i)

IN THE HIGH COURT OF JUDICATURE AT PATNA

PRESENTATION FORM FOR CIVIL MATTERS

Columns in dark to be filled in by the registry

Petitioner’s/Appellant’s/Applicant’s

(Original Party)

Presented With Court Fee

Stamp:

_______________________________________

Mobile No., E-mail ID & Address (with pin

code)

Advocate’s Name Code

Versus

Respondent/s Opponent/s (Original Party)

_______________________________________

Mobile No., E-mail ID & Address (with pin

code)

Advocate’s Name Code

Particulars of the Court / Authority below Code

Case Type

Number

Year

Date of impugned decision/order

Particulars of the Court / Authority Code

of first instance

Case Type

Number

Year

Date of decision / order of Court /

Authority of first instance

In case of group, particulars of lead/other matter/s:-

Advanced Copy Served to Otherside/Caveator /GP

Case Title

Code

Token No.

Case No.

Filed

Under

Sections

District

Code

Before Single Judge / Division Bench / Spl.

Bench

Subject Matter

Code

Act Code

On the Memo

Rs.

On the Vakalatnama

Rs.

On the Certified Copies

Rs.

On the Affidavit

Rs.

Total Rs.

Total (in Words) Rupees

Advocates’ Welfare Fund Stamp

Rs.

Presented for

Presented by____________(Sign.)

( ) Name

This day of 20

Received By

Entries Made By

Checked By

Received additional Court Fee

Stamp of Rs.

Total (in words) Rupees

This day of 20

Received Clerk

Date :

Advocate:

BIHAR GAZETTE (EXTRA), 15TH MARCH 2016

Appendix A(ii)

IN THE HIGH COURT OF JUDICATURE AT PATNA

PRESENTATION FORM FOR CRIMINAL MATTERS

Columns in dark to be filled in by the registry

Petitioner’s/Appellant’s/Applicant’s

(Original Party)

Presented With Court Fee

Stamp:

_______________________________________

Mobile No., E-mail ID & Address (with pin

code)

Advocate’s Name Code

Versus

Respondent/s Opponent’s (Original Party)

___________________________________

Mobile No., E-mail ID & Address (with pin

code)

Advocate’s Name Code

Particulars of the Court below Code

Case Type

Number

Year

Date of impugned decision/order

Particulars of the Court below Code

Case Type

Number

Year

Date of decision / order of Court

of first instance

Police Station’s Name Code

FIR Number / Date

Complain Case Number

In case of group, particulars of lead/other matter/s:-

Advanced Copy Served to Otherside/P.P

Case Title

Code

Token No.

Case No.

Filed

Under

Sections

District

Code

Before Single Judge / Division Bench / Spl.

Bench

Subject Matter

Code

Act Code

On the Memo

Rs.

On the Vakalatnama

Rs.

On the Certified Copies

Rs.

On the Affidavit

Rs.

Total Rs.

Total (in Words) Rupees

Advocates’ Welfare Fund Stamp

Rs.

Presented for

Presented by____________(Sign.)

( ) Name

This day of 20

Received By

Entries Made By

Checked By

Received additional Court Fee

Stamp of Rs.

Total (in words) Rupees

This day of 20

Received

Clerk

Date :

Advocate:

⁸

BIHAR GAZETTE (EXTRA) 15TH MARCH 2016

Appendix – ‘B’

FORMAT OF REPORT FOR STAMP REPORTING

Name of the Section Officer :

Date of Reporting

Proceeding /

Case Type

Token

Number

Date of Filing

Reason for

non

examination

Name of the

Stamp

Reporter

Signature and Computer generated

stamp of the Section Officer.

BIHAR GAZETTE (EXTRA), 15TH MARCH 2016

The 14^th March 2016

ANNEXURE-B

ADDENDA AND CORRIGENDA TO PATNA HIGH COURT RULES, 1916 (Fifth Edition)

Chapter-XII Procedure in Criminal Cases Rule 3

C.S. No.152

No. X-04-2015-169/Rules—Every pleading shall immediately below the title have

endorsed on it the jurisdiction of the Court under which an application has been filed and below

that shall further have endorsed on it:-

(i)

If it is a memorandum of appeal, the “Criminal Appeal u/s 341 Cr.P.C.”/

“Criminal Appeal (D.B.)”/ “Criminal Appeal (S.J.)”/ “Criminal Appeal (D.B.)

(Against Acquittal)”/ “Criminal Appeal (SJ) (Against Acquittal)”/ “Criminal

Appeal (U/S)”/ “Government Appeal (D.B.)”/ “Government Appeal (S.J.)” /

“S.L.A.(D.B.)” / “S.L.A.(S.J.)” as the case may be.

(ii)

If it is an application for revision, the words “Criminal Revision” / “Criminal

Revision (Against Acquittal)”/ “Criminal Revision (Against Conviction)” /

“Criminal Revision (Juvenile Matter)”.

(iii)

In the case of miscellaneous matters of Criminal Jurisdiction, the words

“Criminal Miscellaneous (Bail)” / “Criminal Miscellaneous (Anticipatory Bail)” /

“Criminal Miscellaneous (Quashing)”/“Criminal Miscellaneous (Modification)”/

Criminal Miscellaneous (Restoration)”/“Criminal Miscellaneous (Transfer)” /

“Criminal Miscellaneous (Cancellation of Bail)” / “Criminal Miscellaneous

(Charge/ Discharge)”/ “Criminal Miscellaneous (under Article-227)”.

(iv)

In the case of writ petitions under Articles 226 of the Constitution in respect of

matters related to Criminal Jurisdiction, the nomenclature “Criminal Writ

Jurisdiction” (DB) or (SJ) as the case may be is to be used.

(v)

Petitioner under Article-227 of the Constitution of India in respect of any order

or any proceeding before any Criminal Court would be filed in Criminal

Miscellaneous Jurisdiction.

Rule 4

Every such pleading shall also appropriately state: -

(a)

the provisions of the Constitution or the Cr.P.C. or any other Statute under which

the application is filed;

(b)

in all matters arising out of a complaint case, the complainant shall be a

necessary opposite party/respondent as the case may be;

(c)

full particulars of the case from which the application arises including the case

number, if any, and the designation of the court below;

(d)

whether the applicant(s) had earlier approached any Court including the Supreme

Court/High Court/Court of Sessions on any previous occasion for the same or

similar relief, and if so, the case number, number of the Court and result of such

previous case/proceeding to be clearly stated in paragraph two of the application

before this Court;

(e)

an application under Section 438 or 439 of Cr.P.C. shall also state the criminal

antecedent of the applicant, if any, and particulars thereof, in paragraph three of

the application before this Court;

(f)

facts of the case in brief;

¹⁰

BIHAR GAZETTE (EXTRA) 15TH MARCH 2016

(g)

ground or grounds numbered serially;

(h)

the case number and date of the order or judgment aggrieved by or impugned;

(i)

the relief prayed;

(j)

wherever the applicant files and/or annexes a typed copy of any document, the

AOR shall certify at the end of such document that it is a true copy of such

document;

By Order of the Court,

VINOD KUMAR SINHA,

Registrar General.

————

PUBLISHED AND PRINTED BY THE SUPERINTENDENT,

BIHAR SECRETARIAT PRESS, PATNA.

Bihar Gazette (Extra) 208—571+100—Egazette

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