Page 160 - Bengal Records Manual, 1943.doc

Compendium on Acts and Rules

II.—Records in certificate cases—
(a) Cases connected with recovery of land revenue and fines from proprietors and farmers or the
recovery of rent in Government and Wards' Estates in which an objection with respect to the title

of Government or the landlord, as the case may be, has been preferred and decided, or in respect
to which a civil suit contesting such title has been instituted and decided.—To be kept for 25

years.
(b) Other cases in which an objection has been preferred and decided or in respect to which a civil
suit instituted and decided.—To be kept for 12 years.

(c) All cases when they relate to the sale of immovable property.—To be kept for 12 years.
And when they do not relate to such sale.—To be kept for 2 years.
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III—Cases under Act X of 1859—
Part I.—Original suits and cases.
Part II.—Execution cases and appeals.
PART I.

1. The records of Part I cases fall into two classes—
Class I.—(a). Suits between landlord and tenant to determine the rate of rent of which

patta and kabujiyats are to be granted or in which a question of the right to enhance or
vary the rent of a tenant or any question relating to a title to land or to some interest in
land as between parties having conflicting claims thereto is to issue.

(b) Cases under section 2 to 12.
Class II.—Suits and cases other than those falling under class I (a) or (b).
2. Every record, under class I shall consist of three files to be styled and marked,

respectively, File A, File B and File C, and every record under class II of two files to be
styled and marked, respectively, File B and File C.
3. File C shall contain—

(1) List of contents-
(2) All summonses, processes, and returns thereto, lists of witnesses, petitions relating

to the attendance of witnesses or adjournments, rubakaris calling for or sending papers
or records and affidavits relating to matters in this rule mentioned.

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The onus of classification into classes of cases rests with the trying Court. It would save
a considerable amount of time and ensure better classification, if the trying Deputy
Collector marks the case on his order sheet when he disposes of it.

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