DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0081
A.D. 1793.]
REGULATION III.
23
Modified by
Reg. II. 1814,
andSec.v.Reg.
XIII. 1829.
See Secs. xiii.
to xxi. Reg. X.
1819.
officers of Government described in Section X. pursuant to a special order
originating with the Governor-General in Council or the Board of Revenue
or of the officer by whom the act may be done is not to be liable
to be sued for it. In s,uch cases, Government is to be considered as the
defendant; and the person deeming himself aggrieved is to present a
petition to the judge of the Dewanny Adawlut of the zillah or city to
which the officer by whom the act complained of may have been done
shall be amenable in his public capacity, stating wherein he considers him-
self injured uilder the Regulations, and praying that the Governor-General
in Council will order the Court of Dewanny Adawlut in which the cause
may be cognizable to try the points or matters contested agreeably to the
Regulations. The judge to whom the petition may be presented is to
forward it immediately to the Governor-General in Council, who, provided
he shall not think it proper to afford the redress that may be solicited by the
petitioner, and the courts of justice shall be competent to try the cause,
will direct the court in which it may be cognizable to proceed to the trial
of it. If the Governor-General in Council shall order the cause to be
tried, the court is immediately to send a written notification of the order
to the complainant, and the cause is to be considered as filed in the court
from the date of the notification. The court is then to proceed to try the
suit, under the same rules and regulations as are prescribed for the trial
of suits between individuals. The officer by whom the act complained
against may have been done, is to carry on the suit under the directions of
the Governor-General in Council, or the Board of Revenue or of
according to the immediate authority under which he may have acted, and
is to issue the necessary instructions to the vakeel of Government in the
court in which the suit may be instituted, or subsequently carried in
appeal. In the event of Government being cast in any of the courts, the
officer entrusted with the management of the suit is to send a copy of the
decree and proceedings of the court to the Governor-General in Council,
or to the Board of Revenue or of ZV<2&, according to the immediate
authority under which he may have acted, with a letter stating any
.objections that he may have to offer to the decision. The boards
above mentioned are to submit all such decrees and proceedings to the
Governor-General in Council with their opinions respecting them. The
Governor-General in Council will order an appeal from the decisions that
may be transmitted to him under this section to be preferred or not, as
may appear to him advisable. The costs and damages that may be
awarded against Government, in suits instituted under this section, are to
be defrayed from the public treasury. All special rules respecting cases
of the nature of those described in this section are to be duly attended to
Jjy the plaintiff and the boards and officers concerned in them.
XII. If a suit shall have been instituted in the Court of Dewanny
Adawlut of any zillah or city in which it may have been cognizable, no
other Zillah or City Court is to entertain a suit for the same cause of action;
and on proof being made in the court in which the second suit may be
commenced, that a prior suit for the same cause of action has been
instituted in another Zillah or City Court competent to try it, the court
in which the second suit may be brought is to dismiss it with costs, to be
paid by the party so suing. And if any person shall have commenced a
gulations by any spe-
cial order of Govern-
ment, or the Boards of
Revenue or Trade.
Government to be
fendant.
Complainant to pre-
sent a petition to the
judge.
What the petition is
to contain.
Judge to transmit the
petition to the Gover-
nor-General in Coun-
cil
H ow he is to proceed
with the petition.
If he shall order the
cause to be tried, the
to be considered as bled
from the date of the
notification.
Court how totry the
cause.
OtHcer by whom the
to carry on the suit on
the part of Govern-
ment.
OHicer how to pro-
ceed in the event of
All special rules re-
specting cases of the
nature of those describ-
observed by the parties.
No court is to receive
a suit previously insti-
nizable.
Court in which the
second suit may be in-
stituted, to dismiss it
with costs to be paid by
the party suing.
Further penalty for
REGULATION III.
23
Modified by
Reg. II. 1814,
andSec.v.Reg.
XIII. 1829.
See Secs. xiii.
to xxi. Reg. X.
1819.
officers of Government described in Section X. pursuant to a special order
originating with the Governor-General in Council or the Board of Revenue
or of the officer by whom the act may be done is not to be liable
to be sued for it. In s,uch cases, Government is to be considered as the
defendant; and the person deeming himself aggrieved is to present a
petition to the judge of the Dewanny Adawlut of the zillah or city to
which the officer by whom the act complained of may have been done
shall be amenable in his public capacity, stating wherein he considers him-
self injured uilder the Regulations, and praying that the Governor-General
in Council will order the Court of Dewanny Adawlut in which the cause
may be cognizable to try the points or matters contested agreeably to the
Regulations. The judge to whom the petition may be presented is to
forward it immediately to the Governor-General in Council, who, provided
he shall not think it proper to afford the redress that may be solicited by the
petitioner, and the courts of justice shall be competent to try the cause,
will direct the court in which it may be cognizable to proceed to the trial
of it. If the Governor-General in Council shall order the cause to be
tried, the court is immediately to send a written notification of the order
to the complainant, and the cause is to be considered as filed in the court
from the date of the notification. The court is then to proceed to try the
suit, under the same rules and regulations as are prescribed for the trial
of suits between individuals. The officer by whom the act complained
against may have been done, is to carry on the suit under the directions of
the Governor-General in Council, or the Board of Revenue or of
according to the immediate authority under which he may have acted, and
is to issue the necessary instructions to the vakeel of Government in the
court in which the suit may be instituted, or subsequently carried in
appeal. In the event of Government being cast in any of the courts, the
officer entrusted with the management of the suit is to send a copy of the
decree and proceedings of the court to the Governor-General in Council,
or to the Board of Revenue or of ZV<2&, according to the immediate
authority under which he may have acted, with a letter stating any
.objections that he may have to offer to the decision. The boards
above mentioned are to submit all such decrees and proceedings to the
Governor-General in Council with their opinions respecting them. The
Governor-General in Council will order an appeal from the decisions that
may be transmitted to him under this section to be preferred or not, as
may appear to him advisable. The costs and damages that may be
awarded against Government, in suits instituted under this section, are to
be defrayed from the public treasury. All special rules respecting cases
of the nature of those described in this section are to be duly attended to
Jjy the plaintiff and the boards and officers concerned in them.
XII. If a suit shall have been instituted in the Court of Dewanny
Adawlut of any zillah or city in which it may have been cognizable, no
other Zillah or City Court is to entertain a suit for the same cause of action;
and on proof being made in the court in which the second suit may be
commenced, that a prior suit for the same cause of action has been
instituted in another Zillah or City Court competent to try it, the court
in which the second suit may be brought is to dismiss it with costs, to be
paid by the party so suing. And if any person shall have commenced a
gulations by any spe-
cial order of Govern-
ment, or the Boards of
Revenue or Trade.
Government to be
fendant.
Complainant to pre-
sent a petition to the
judge.
What the petition is
to contain.
Judge to transmit the
petition to the Gover-
nor-General in Coun-
cil
H ow he is to proceed
with the petition.
If he shall order the
cause to be tried, the
to be considered as bled
from the date of the
notification.
Court how totry the
cause.
OtHcer by whom the
to carry on the suit on
the part of Govern-
ment.
OHicer how to pro-
ceed in the event of
All special rules re-
specting cases of the
nature of those describ-
observed by the parties.
No court is to receive
a suit previously insti-
nizable.
Court in which the
second suit may be in-
stituted, to dismiss it
with costs to be paid by
the party suing.
Further penalty for