DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0091
A.D. 1793.]
REGULATION IV.
33
Modified by
Sec.iii.Reg II.
1806.
See Sec. iv.
Reg. II. 1806.
Modified by
Sec. ii. Reg. II.
1806.
Nageree character, if it be in Behar), to be stuck up in some conspicuous
part of the room in which the court may be heid. The writing is to con-
tain a copy of the 6227727720726, and a notice, that if the party shah not appear
on a day to be fixed (which shall not be less than fifteen days from the
time that the 6227727720226 may be fixed up), the court will proceed without
further notice to try and determine the cause without the appearance or
answer of the defendant. The court is likewise to order a copy of the
6227727720726 and notice to 'be fixed up with all practicable despatch on the
outer door of the house in which the defendant may have usually dwelt,
or in some conspicuous place in the village, or other place, in which he
may have generallv resided. The nazir is to return the order, with an
endorsement stating at what times and places the 6227727720726 and notice
may have been fixed up. The return of the nazir is to be filed in court,
and to form a part of the record of the trial. If the defendant shall not
appear at the time limited in the notice, or if a defendant who may have
been served with a 6227727720726 shall not appear, or having appeared, shall
refuse to give answer, or make other default, or shall admit the truth of
the plaintiff's bill of complaint, the court, on examining the allegations
of the plaintiff only, and the depositions of his witnesses, is to decree and
give judgment, in the same manner as if the defendant had appeared,
^answered, and entered into proof.
XII. If a defendant, for whose appearance security may have been
taken, shall not appear, or having appeared, shall refuse to give answer,
the plaintiff is permitted to institute a suit against the sureties on their
engagement, and is to be entitled to recover from them whatever he may
prove to be due to him from the defendant, or he may proceed against
the defendant, in the same manner as defendants are directed to be pro-
ceeded against who have been served with a 6*227727720726, and have not
appeared, or have refused to give answer.
XIIT. Every process, rule, order, or decree of the Zillah and City Courts
(with the exception contained in this section) is to be immediately served
or executed, without application to any person or the interference of any
individual whomsoever, according to the requisition of it, within the
limits of the special jurisdiction of each court. But in every case in
^ which the defendant shall be a Hindoo or Mahomedan woman, of a rank
or quality which, according to the customs and usages of the country,
would render it improper to compel her to appear in an open court of
justice, the judges of the zillah and city courts are not to issue any com-
pulsory process against her, to compel her to appear and make answer,
but are to issue a 6227727720726 requiring her to appear in person or by vakeel,
at a certain time to be named in the 6227727720726, in the Zillah or City Court,
and answer to the complaint, and abide by the orders which the court may
think proper to pass in the cause. The 6227727720726 is to be directed to the
nazir of the court, and is to contain a short account of the nature of the
demand or complaint, with a notice, that if the defendant shall not appear,
as required by the 6227727720726 at the time specified in it, or having so ap-
peared, shall not answer to the complaint at the time which may be fixed
by the court, qr make any other default, the court will proceed to try and
determine the cause in the same manner as if the defendant had appeared,
F
Nazir to return how
he has executed the
hied.
Sureties for defen-
dants not appearing,
or refusing to give an-
swer, liable to be pro-
secuted as principals.
Option given to the
plaintiff to prosecute
the surety, or to pro-
ceed against the defen-
dant as herein directed.
Process of the courts
to be served according
to the requisition of
it, without application
to any person, or the
interference of any in-
dividual.
Exception to the rule
made in favour of de-
fendants who may be
women of the descrip-
tion herein specified.
How such women are
to be 3M?M7MO?n?t2 when
defendants.
to be di-
rected to the nazir.
What it is to contain.
REGULATION IV.
33
Modified by
Sec.iii.Reg II.
1806.
See Sec. iv.
Reg. II. 1806.
Modified by
Sec. ii. Reg. II.
1806.
Nageree character, if it be in Behar), to be stuck up in some conspicuous
part of the room in which the court may be heid. The writing is to con-
tain a copy of the 6227727720726, and a notice, that if the party shah not appear
on a day to be fixed (which shall not be less than fifteen days from the
time that the 6227727720226 may be fixed up), the court will proceed without
further notice to try and determine the cause without the appearance or
answer of the defendant. The court is likewise to order a copy of the
6227727720726 and notice to 'be fixed up with all practicable despatch on the
outer door of the house in which the defendant may have usually dwelt,
or in some conspicuous place in the village, or other place, in which he
may have generallv resided. The nazir is to return the order, with an
endorsement stating at what times and places the 6227727720726 and notice
may have been fixed up. The return of the nazir is to be filed in court,
and to form a part of the record of the trial. If the defendant shall not
appear at the time limited in the notice, or if a defendant who may have
been served with a 6227727720726 shall not appear, or having appeared, shall
refuse to give answer, or make other default, or shall admit the truth of
the plaintiff's bill of complaint, the court, on examining the allegations
of the plaintiff only, and the depositions of his witnesses, is to decree and
give judgment, in the same manner as if the defendant had appeared,
^answered, and entered into proof.
XII. If a defendant, for whose appearance security may have been
taken, shall not appear, or having appeared, shall refuse to give answer,
the plaintiff is permitted to institute a suit against the sureties on their
engagement, and is to be entitled to recover from them whatever he may
prove to be due to him from the defendant, or he may proceed against
the defendant, in the same manner as defendants are directed to be pro-
ceeded against who have been served with a 6*227727720726, and have not
appeared, or have refused to give answer.
XIIT. Every process, rule, order, or decree of the Zillah and City Courts
(with the exception contained in this section) is to be immediately served
or executed, without application to any person or the interference of any
individual whomsoever, according to the requisition of it, within the
limits of the special jurisdiction of each court. But in every case in
^ which the defendant shall be a Hindoo or Mahomedan woman, of a rank
or quality which, according to the customs and usages of the country,
would render it improper to compel her to appear in an open court of
justice, the judges of the zillah and city courts are not to issue any com-
pulsory process against her, to compel her to appear and make answer,
but are to issue a 6227727720726 requiring her to appear in person or by vakeel,
at a certain time to be named in the 6227727720726, in the Zillah or City Court,
and answer to the complaint, and abide by the orders which the court may
think proper to pass in the cause. The 6227727720726 is to be directed to the
nazir of the court, and is to contain a short account of the nature of the
demand or complaint, with a notice, that if the defendant shall not appear,
as required by the 6227727720726 at the time specified in it, or having so ap-
peared, shall not answer to the complaint at the time which may be fixed
by the court, qr make any other default, the court will proceed to try and
determine the cause in the same manner as if the defendant had appeared,
F
Nazir to return how
he has executed the
hied.
Sureties for defen-
dants not appearing,
or refusing to give an-
swer, liable to be pro-
secuted as principals.
Option given to the
plaintiff to prosecute
the surety, or to pro-
ceed against the defen-
dant as herein directed.
Process of the courts
to be served according
to the requisition of
it, without application
to any person, or the
interference of any in-
dividual.
Exception to the rule
made in favour of de-
fendants who may be
women of the descrip-
tion herein specified.
How such women are
to be 3M?M7MO?n?t2 when
defendants.
to be di-
rected to the nazir.
What it is to contain.