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Classification of civil records



 Classification of Civil Case records:-

Classification of civil records is a vast chapter. A simplified way is presented for easy understanding.

 All civil suits or cases can be classified into 7 (seven) categories. The classification is based on preparation, preservation or destruction  of record and  it does not affect any other classification.


CLASS I

🔆 Suits related to ------

  1.  for or affecting immovable property (except suits relating mortgages of immovable property of Order 34 of CPC)

  2. enforcing the right of preemption under Muhamadan Law.

  3. succession to an office/ to establish/ set aside adoption or otherwise determine the status of an individual

  4. public trusts, charities, endowments, public or general rights or customs and other matter of public  or general interest

  5. Indian Divorce Act and suits for dissolution of marriage or restoration of conjugal rights

  6. suits for perpetual injuctions and declaration of rights in other matter not menioned above




CLASS II


Cases or suits related to---

  1. for a declartioin of a right to maintenance or rate of it 

  2. between landlord and tenant to determine rate of rent having no conflicting claim

  3. right to pre-emption (U/S- 26F of Bengal Tenancy Act)

      🔆determination of incidents of a tenancy ( U/S- 158 of -do-)

   🔆 appointment of common manager (U/S-95 of -do-)


   

  1. probate and letters of administrations

contested/ uncontested and revocation of the same


  1. Gurdians and Wards Act, 1890 related to guardianship of minors and the administration

their property


  1. Indian Lunancy Act, 1912 related to the guardianship of lunatics and the care of their estates

  2. succession certificate under Indian Succession Act

  3. Foreclosure, redemption or sale of immovabloe property (order 34 of CPC)

  4. U/S-10 and 24 of West Bengal Non-agricultural Tenancy Act,1949

  5. accounts with charge on immovable property

  6. U/S- 87(6), 88(1) and 88(2) of the Insurance Act, 1938.



CLASS III


  1. All suits and cases excluding Class I, Class II, Class IIIA and cases tried under the procedure prescribed for Small Cases Courts

Suits / Cases related to -------

(i) enhancement of rent of ejectment

(ii) transfer of proceeding U/S-24 of CPC

  1. Recovery of arrears of maintenance

  2. specific performance of an agreement to transfer immovable property/ cancellation of Deed

  3. (i) Part VII of the Indian Succession Act,1925

(ii) Part III, IV, Section 32 of Part V and Part VI of Land Acquisiion Act

(iii) U/S- 59 of Land Registration Act

(iv) U/S- 83 of Transfer of Property Act

(v) Legal Practitioner Act

(vi) Miscellaneous Judicial cases connected with suits or suit or cases of B.T Act or Cooch Behar Tenancy Act

(vii) Provincial Insolvents Act

(viii) U/S-5 of Religious Endowment Act except constested

(ix) U/S- 12(2) of Hindu Marriage Act where petition filed are not entertained/ dismissed



CLASS  III A


Suits related to 

  1. arrear of rent under B.T Act/ Cooch Behar Tenancy Act

  2. U/S- 153 (last paragraph) of B.T Act

U/S-47 (last paragraph) of the Cooch Behar Tenancy Act


    (c) U/S-12(1) Indian Oil Seed Commodities Act


CLASS IV


Proceeding in execution of decrees it suit belonging to CLASS I, II and III


CLASS IVA

Proceedings in execution of decrees in suits belonging to CLASS IIIA


CLASS V


includes records of Miscellaneous Non-Judicial cases.



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Disclaimer: These are not rules. For further reference read Civil rules and Order.




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