The B

PUBLI

(NO.PATNA 775) PAT

ADDENDA AND COR

No.X-04-2015-423R/R

immediate effect in the existin

Patna High Court Rules, 19

01.04.2016.

Existing rules as per C.S. N

3.(e) The proceedings/plead

bear running page number and

numbers.

3.(g) Photo state copy of a

appended as annexure, if no

shall be followed, after the doc

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.158

Rules—The following Substitution and Insertion

ng C.S. No.151 and C.S. No.152 whereby Chapte

916 (Filing Procedure) was earlier substituted wit

No.151.

The Rule so amended shall be read

dings shall

d annexure

By way of Substitution of existing prov

number by new rules:-

3(e) The proceedings/pleadings shall

page number and continuous annexure

is with prefix “P”, in the case of docu

the Petitioner and prefix “R” in

documents filed by the respondents. W

more than one respondent then the do

will have prefix “R” with the responde

in case counter affidavit is being filed

Respondent No. 2 to 4, then the docum

prefix R2 etc.

document

ot legible,

cument, by

3(g) Any Annexure, if not legible in

whole, to be attached to any pleadings

be properly typed as a whole and atta

NO. PT.-40

tetetete

ER 2016

S, 1916

is made with

er–IIIA of the

th effect from

as follows:-

visions of same

bear running

e numbers that

ments filed by

the case of

Where there are

ocuments filed

ent No. that is

d on behalf of

ment will have

n part or as a

/petitions, will

ached with the

BIHAR GAZETTE (EXTRA) 21ST SEPTEMBER 2016

a true typed copy of the annexure and

shall be attested by the Advocate on

Record as “true copy”.

paper book with continuous page marking. The

photocopy of all such document as a whole will be

attached immediately after the typed copy with

continuous page marking. The typed copies shall be

attested by the Advocate on record as “True Copy”.

Rule 4(i)

Insertion:

4 A (i) Pleadings and proceedings in relation to writ

petitions arising out of matters before the

Central Administrative Tribunal, should be

accompanied

all

the

applications,

rejoinders, replies and pleadings as filed

before the Central Administrative Tribunal as

a separate paper book.

(ii) The said paper book shall be indexed, with

the

pleadings in seriatim

along

with

respective annexures.

(iii) The index page shall contain a certificate by

the A.O.R., filing the writ petition, that the

pleadings contained in the paper book are

complete and are true copies of the pleadings

as filed before the Tribunal.

7.(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

circulated

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

time

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

Substitution and insertion in the provisions of

same number by new rules:

7(iii) In case of all proceedings which require

stamp reporting, on defects being reported, the AOR

will be notified as such by SMS and such notification

be circulated through Web and Notice to Association.

(iv) In case, where case numbers are duly

assigned at the time of filing, under proviso to Rule

5, and defects are so reported, the matter will be

listed before Lawazima Board, which if so satisfied,

upon objection to the stamp reporting by the AOR

filing the proceedings, may over rule any defect or

order for it to be ignored or may permit its

rectification within four weeks without return of the

pleadings/proceedings. Where defect (s) are incurable

or still persist, it shall be listed before court for orders

on office notes.

(v) In case, where only token number is

assigned, and defects are so reported, the officer

designated by the Registrar General, if so satisfied,

upon objection to the stamp reporting by the AOR

filing the proceedings, may over rule any defect or

order for it to be ignored or may permit the return of

the pleadings/proceedings for removal of defects and

refiling within 4 weeks, with or without removing

defects, subject to fresh stamp reporting. If upon

refiling, all defects are found not removed/cured, the

pleadings/proceedings will then be listed before

Lawazima Board for removal of defects within four

weeks. If defect persists or is incurable then it will

BIHAR GAZETTE (EXTRA), 21ST SEPTEMBER 2016

orders.

If in spite of time granted by Joint

Registrar (Judicial) the defects and/or

deficiency

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.

case

proceedings,

not

returned/re-filed within 2 weeks, will be

accepted and the token number will be

automatically cancelled.

be numbered and listed before court for appropriate

orders on office note.

(vi) Pleading/proceedings with token numbers

remaining unattended for 4 weeks from the date of

stamp reporting will be listed with defects, duly

numbered before court for appropriate orders on

office note.

(vii) Pleadings/proceedings with token number,

refiled after expiry of 4 weeks but within 8 weeks of

initial stamp reporting, after fresh stamp reporting, be

listed with case number assigned before court for

condonation of delay in refiling and acceptance with

necessary orders for removal of defects.

(viii) Pleadings/proceedings with token numbers

will not be accepted for refiling after 8 weeks of

initial stamp reporting and the token number will be

automatically

cancelled/lapsed,

unless

application to the court, the court condones delay, for

the reasons given by the AOR.

By Order of the Court,

VINOD KUMAR SINHA,

Registrar General.

————

PUBLISHED AND PRINTED BY THE SUPERINTENDENT,

BIHAR SECRETARIAT PRESS, PATNA.

Bihar Gazette (Extra) 775—571+100—Egazette

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