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(NO.PATNA 773) PAT

ADDENDA AND COR

No.X-06-2016-424R/R

(Fees and Costs) of the Patna

(A) Process Fees :-

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2. The Amount of

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REGISTERED

Bihar Gazett

XTRA ORDINARY

SHED BY AUTHORITY

30 BHADRA 1938(S)

TNA, WEDNESDAY, 21ST SEPTEMBE

PATNA HIGH COURT

————

NOTIFICATION

The 21^st September 2016

RRIGENDA TO PATNA HIGH COURT RULES

(Fifth Edition) C.S. No.159

Rules— The amendment is made in Chapter X

High Court Rules, 1916 with immediate effect:-

Part – III

CHAPTER XIII

Fees and Costs

his Chapter, framed by the High Court under clause

rt-fees Act (VII of 1870), regulate the fees chargeab

processes by the High Court.

f process fee.-

f Rs.50 only as one time process fee irrespective of

ents shall be charged in all the cases, in court fee

ed within 7 days in admission cases and within 14 d

unless otherwise directed from the date of order

opies as per respondents. In case the office is closed

e process fee shall be tendered on the next day whe

his fee will not include the charges for registered cov

will be additional fee to the extent of Rs.25 for any

ion filed during the pendency of the proceedings.

of default in depositing the process fee within the a

ter shall be placed before the Court at the earliest f

NO. PT.-40

tetetete

ER 2016

S, 1916

XIII, Part III

e (i) of Section

ble for serving

the number of

stamps, to be

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along with as

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en the office is

ver.

miscellaneous

aforesaid time,

for appropriate

BIHAR GAZETTE (EXTRA) 21ST SEPTEMBER 2016

orders with an indication in the cause list that the case has been listed on

account of non-payment of process fee.

3. Notwithstanding anything in the preceding rule, no fee shall be chargeable for

serving or executing –

(i)

any processes which may be issued by the Court of its own motion

solely for the purpose of taking cognizance of and punishing any act

done or word spoken in contempt of its authority;

(ii)

any copy of a summons, notice, proclamation or other process fixed up

in a Court-house or in office of a Collector;

(iii)

any order directing an officer in charge of a jail to detain or release a

person committed to his custody.

4. The fees and charges paid in pursuance of these rules shall, unless otherwise

provided by these rules, or unless a Judge or Judges otherwise order, be deemed

and treated as part of the costs of the party who has paid them.

Provided that no fees or charges which have been refunded, or in respect

of which a party might, on application, have obtained an order for a refund, shall

be deemed to be costs within the meaning of this rule.

5.(a)

For inspection of lower Court records received in connection with

appeals/ revisions in pending cases before the High Court

(i) by a party to the suit/ proceedings

Rs. 25.00

(ii) If the application is for immediate inspection by a party to the

suit………Rs. 50.00

(b)

For inspection of pending High Court records

(i)

If the application is for ordinary inspection Rs.25.00

(ii) If the application is for urgent inspection Rs.50.00

Note : No fee shall be charged for inspection of criminal records.

(C) Costs :-

6. The costs shall ordinarily be allowed to the successful party in a proceeding

before the High Court:-

(i) the court has the discretion to determine:

(a) whether costs are payable by one party to another;

(b) the quantum of those costs; and

Explanation.— For the purpose of clause (a), the expression “costs” shall mean

reasonable costs relating to --

(i) the fees and expenses of the witnesses incurred;

(ii) legal fees and expenses incurred;

(iii) any other expenses incurred in connection with the proceedings.

(2) If the court decides to make an order for payment of costs, the general rule is

that the unsuccessful party shall be ordered to pay the costs of the successful party :

Provided that the court may make an order deviating from the general rule for

reasons to be recorded in writing.

(3) In making an order for the payment of costs, the court shall have regard to

the following circumstances, including—

(a) the conduct of the parties;

(b) whether a party has succeeded on part of its case, even if that party has

not been wholly successful;

the disposal of the case;

(d) whether any reasonable offer to settle is made by a party and

unreasonably refused by the other party; and

(e) whether the party had made a frivolous claim and instituted a vexatious

proceeding wasting the time of the court.

BIHAR GAZETTE (EXTRA), 21ST SEPTEMBER 2016

(4) The orders which the court may make under this provision include an order

that a party must pay—

(a) a proportion of another party’s costs;

(b) a stated amount in respect of another party’s costs;

(d) costs incurred before proceedings have begun;

(e) costs relating to particular steps taken in the proceedings;

(f) costs relating to a distinct part of the proceedings; and

(g) interest on costs from or until a certain date

7. In all decrees and orders another sum calculated at the rate of 10 per centum of the

costs as determined under the above mentioned provision shall be the additional costs on account

of the fee of the Advocate’s clerk or clerks.

By Order of the Court,

VINOD KUMAR SINHA,

Registrar General.

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PUBLISHED AND PRINTED BY THE SUPERINTENDENT,

BIHAR SECRETARIAT PRESS, PATNA.

Bihar Gazette (Extra) 773—571+100—Egazette

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