(1) When more than the amount required for the service of process is deposited or when issue of process becomes unnecessary after deposit, the courts are authorised to refund the amount of the surplus fees in money and to charge the same to the contingent fund.
(2) The refund of process service fees should be treated as refund of Stamp Revenue and debited to “030-Refunds-B. Stamps-Judicial- Court-fees realised in Stamps”.
(3) The refund of process fees shall be in Form I appended to these rules. A refund shall, in the first instance, be made from the permanent advance and shall be recouped by means of contingent bills, headed “Refund of Process Fees” drawn on the Treasury at the end of the month. The refund vouchers in the form prescribed should be attached to the contingent bills even when they are for a sum of Rs. 10 and less, and the vouchers should, on no account, be cancelled or destroyed as in the case of sub-vouchers for ordinary contingencies. The officer sanctioning a refund should, at the time of signing the refund order exercise the necessary check by comparing the voucher with the entries in the register maintained in the Court.
* Inserted vide Notification published in E.G. Pt. II No. 36 dt. 03-08-2010.
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(4) The applications for refund of process-fees shall be made before the expiry of six months from the date on which the process fees were paid into court; on applications made thereafter a penalty of six paise in the rupee or a fraction thereof of a rupee shall be levied when making the refund.
5. Presentation of application for issue of process and procedure thereafter -( I) All applications for the issue of processes, except those for the issue of emergent processes, whether money is deposited with them or not, and except those (accompanied with processes prepared or not) presented alongwith the petition, memorandum of appeal, cross objection or application to the Chief Ministerial Officer shall be presented to the clerk dealing with the subject who shall enter them in a register in Form 2. Where money is deposited, it shall be paid to the cashier of the department who shall grant a receipt to the party, out of his receipt book in Form 3. He shall maintain as many receipt books and as many registers, as there are Courts whose processes are served by him.
(2) The applications shall next be entered in a register in Form 4 by the clerk-incharge of the records of the proceeding to which the process applications relate and, prepare the processes in the order of receipt of applications and give them general numbers and enter them in Form 5.
(3) Applications for the issue of emergent processes shall be made direct to the Court concerned and the Court ordering the issue of such processes may direct one of its own officers to receive the process memoranda direct from the party or his pleader. The process shall then be prepared urgently under the supervision of the Chief Ministerial Officer of that Court, and the process memoranda with the process shall then be entered, in the register in Form 5 for emergent execution of the processes.
(4) Application for issue of processes (accompanied with processes prepared or not) presented alongwith the petition, memorandum of appeal, cross-objection or application shall, after the petition, memorandum of appeal, cross-objection or application has been admitted, be entered in the register in Form 5.
(5) He shall thereupon arrange for the distribution of the processes, and, after the necessary entries have been made in the register in Form 6, shall deliver them to the several process-servers. No process shall be entrusted to a process-server, unless he has returned all the processes entrusted to him previously except under the order of the Presiding Officer. As far as possible, all processes, other than warrants of arrest, for persons residing in the same neighbourhood, shall be served by one process-server and not by several, whether issued by the same Court or by different Courts.
(6) At the close of each day, the register in Form 5 shall be closed, the balance of cash under the heads ‘for processes’ and ‘for refunds’ shall be separately shown. The number of processes distributed during the day shall also be shown in the register in Form 5. Details showing the balance of cash under respective heads also be shown in the said Register.