Page 161 - Bengal Records Manual, 1943.doc

Compendium on Acts and Rules

(3) Rent suits dismissed for default of appearance of plaintiff under section 54 or 55 of

Act X of 1859—
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File C shall be destroyed at the end of two years.
Exception-.—When a case has been decided ex parte, all the papers of the C file of the

case will be treated as B class and will be destroyed after 12 years from the date of the
decree.

4. File B shall contain—
(a) In cases falling under class II— (1)"' List of contents.
(2) All papers other than those specified in rule 3 above.

(b) In cases falling under class I—
(1) List of contents.
(2) All the evidence, oral and documentary, on which the subject-matter of the suit or

case is decided.
(3) List of documents admitted in evidence.
(4) All petitions and papers, including those relating to proceedings incidental to

the suit not specified as included in Files A and C. B Files shall be destroyed after 12
years, 5. File A shall contain— (a) Talfle of contents. (b) The plaint or application

together with any schedule annexed thereto.
(c) The written statement of the defendant or the counter-petition.
(d) Memorandum of the issues.

(e) Award of arbitrators or petitions of compromise, if given effect to in
the decree; also the return or report and the map and field book (if any) of a
Commissioner in matters relating to immoveable property if referred to or given effect to

in the decree, but not any portion of the evidence taken by such Commissioner; also in
the case of minors or lunatics, any order of the Court sanctioning a compromise as
beneficial to the minor or lunatic. (f) The order (if any) for administration or for partition,

or for accounts! or enquiry, with the directions given and the judgment upon which such
order is founded.

(g) The judgment.
(h) The final decree, (i) The order sheet. (j) The copy of the judgment and decree of the
Appellate Court or Courts (if any). A files shall be preserved permanently.

PART II.

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The High Court rule three years.

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