DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0082
24
REGULATION III.
[A.D. 1793.
perty to specify the
shares of all the claim-
ants.
Courts not to try the
merits of any suit where
the cause of action shall
12th August, 1765.
Decrees not to be
given for sums of mo-
ney on bonds, which
may not have been exe-
cuted in the presence of
restriction is not to ex-
tend.
superintendent having
competent jurisdiction.
suit in the Dewanny Adawlut of any ziiiah or city, and whilst that suit is
depending, or after a decree may he passed in it, shall commence another
suit in any other zillah or city Court of Dewanny Adawlut for the same
cause; or if any person shall commence a suit in -any zillah or city Court
of Dewanny Adawlut, which shall appear to the judge to be frivolous,
vexatious, or groundless, he is not only to dismiss the suit, with such
costs as he may deem it equitable to award against the plaintiff but
is to tine him in such amount as he may think proper, upon a considera-
tion of the nature of the case and the situation and circumstances in life
of the offender, and commit him to close custody until he pays the fine.
XIII. The Zillah and City Courts are not to pass a decree in any suit
concerning the succession or right of inheritance to a zemindarry, talook,
land, house, or other real property, to which there are more ciaimants
than one, who by the Hindoo or Mahomedan law (respect being had to
the religion of the claimants) would be entitled to a portion of the property;
excepting the property be by the decree adjudged to all the claimants, in
the proportions to which they may be respectively entitled.
XIV. * The Zillah and City Courts are prohibited hearing, trying, or
determining the merits of any suit whatever, against any person or persons,
if the cause of action shall have arisen previous to the 12th of August,
1765; or any suit whatever against any person or persons, if the cause of
action shall have arisen twelve years before any suit shall have been com-
menced on account of it; unless the complainant can show, by clear and
positive proof, that he had demanded the money or matter in question, and
that the defendant had admitted the truth of the demand, or promised to
pay the money; or that he directly preferred his claim within that period,
for the matters in dispute, to a court of competent jurisdiction to try the
demand, and shall assign satisfactory reasons to the court why he did not
proceed in the suit; or shall prove that, either from minority or other
good and sufficient cause, he had been precluded from obtaining redress.
XV. The Zillah and City Courts are prohibited decreeing the payment
or satisfaction of any sum due on a tamassook or bond, which may
have been entered into after the 28th March, 1780, unless the bond
shall be proved to have been executed in the presence of two credible
witnesses, or the payment of the sum demanded on the bond, or some
other valuable consideration for it having been received, shall be proved
to the satisfaction of the court. But the restriction contained in this
section is not to extend to any bills of exchange, receipts, or notes of
hand, in the determination on which the custom of the country is to be
abided by.
XVI. The Zillah and City Courts are prohibited entertaining any cause
which, from the production of a former decree or the records of the court,
shall appear to have been heard and determined by any former judge, or
any superintendent of a court having competent jurisdiction. If any
* For the limitation of suits in territories into which the Regulations have been intro-
duced since 1793, see the various enactments promulgating such introduction.
See Act XXI
1850.
See Reg. II
1805.
REGULATION III.
[A.D. 1793.
perty to specify the
shares of all the claim-
ants.
Courts not to try the
merits of any suit where
the cause of action shall
12th August, 1765.
Decrees not to be
given for sums of mo-
ney on bonds, which
may not have been exe-
cuted in the presence of
restriction is not to ex-
tend.
superintendent having
competent jurisdiction.
suit in the Dewanny Adawlut of any ziiiah or city, and whilst that suit is
depending, or after a decree may he passed in it, shall commence another
suit in any other zillah or city Court of Dewanny Adawlut for the same
cause; or if any person shall commence a suit in -any zillah or city Court
of Dewanny Adawlut, which shall appear to the judge to be frivolous,
vexatious, or groundless, he is not only to dismiss the suit, with such
costs as he may deem it equitable to award against the plaintiff but
is to tine him in such amount as he may think proper, upon a considera-
tion of the nature of the case and the situation and circumstances in life
of the offender, and commit him to close custody until he pays the fine.
XIII. The Zillah and City Courts are not to pass a decree in any suit
concerning the succession or right of inheritance to a zemindarry, talook,
land, house, or other real property, to which there are more ciaimants
than one, who by the Hindoo or Mahomedan law (respect being had to
the religion of the claimants) would be entitled to a portion of the property;
excepting the property be by the decree adjudged to all the claimants, in
the proportions to which they may be respectively entitled.
XIV. * The Zillah and City Courts are prohibited hearing, trying, or
determining the merits of any suit whatever, against any person or persons,
if the cause of action shall have arisen previous to the 12th of August,
1765; or any suit whatever against any person or persons, if the cause of
action shall have arisen twelve years before any suit shall have been com-
menced on account of it; unless the complainant can show, by clear and
positive proof, that he had demanded the money or matter in question, and
that the defendant had admitted the truth of the demand, or promised to
pay the money; or that he directly preferred his claim within that period,
for the matters in dispute, to a court of competent jurisdiction to try the
demand, and shall assign satisfactory reasons to the court why he did not
proceed in the suit; or shall prove that, either from minority or other
good and sufficient cause, he had been precluded from obtaining redress.
XV. The Zillah and City Courts are prohibited decreeing the payment
or satisfaction of any sum due on a tamassook or bond, which may
have been entered into after the 28th March, 1780, unless the bond
shall be proved to have been executed in the presence of two credible
witnesses, or the payment of the sum demanded on the bond, or some
other valuable consideration for it having been received, shall be proved
to the satisfaction of the court. But the restriction contained in this
section is not to extend to any bills of exchange, receipts, or notes of
hand, in the determination on which the custom of the country is to be
abided by.
XVI. The Zillah and City Courts are prohibited entertaining any cause
which, from the production of a former decree or the records of the court,
shall appear to have been heard and determined by any former judge, or
any superintendent of a court having competent jurisdiction. If any
* For the limitation of suits in territories into which the Regulations have been intro-
duced since 1793, see the various enactments promulgating such introduction.
See Act XXI
1850.
See Reg. II
1805.