DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0092
34
REGULATION IV.
[A.D.1793.
tioned, and no other.
Nazir to return how
he has served the &M?M-
Court how to pro-
ceed, if the defendant
should appear in con-
Court how to pro-
ceed, in case the prin-
cipal servant of the de-
fendant cannot be serv-
ed with the
and the defendant shall
not appear in person or
by vakeel.
Witnesses or persons
guilty of wilful or cor-
rupt perjury to be com-
mitted to take their
trial before the CoMr2
o/ CircMzY.
The decisions of the
courts to be conform-
able to the Mahomedan
law with regard to
Mahomedans, and the
Hindoo law with re-
gard to Hindoos, in
the cases herein speci-
fied.
Courts not to refer
matters of fact to any
person whomsoever,
with a view to passing
Exception to the rule.
The rule not to pre-
vent references to the
law officers on points
of law.
References to the
law officers to be made
answered, and done what she is authorized or required to do in defence of
the suit. The 3227727720723 is further to command the nazir to deliver a copy
of it to the dewan, or some principal servant of the defendant. The nazir
is not to have recourse to compulsion to enforce the 3227727720723, but is to
serve it in the manner herein directed, and no other. The nazir is to
return the 3727727720723 on the day appointed for the appearance of the
defendant, with an endorsement specifying in what manner he has executed
it; and if he has not executed it, the reason why'it has not been executed.
If the defendant should appear in person or by vakeel, the court is to fix a
certain day, according to its discretion, for her to answer to the compiaint,
and to appoint a day for the parties to deliver in their pleadings, and the
court is to try and determine the cause, in the same manner as suits insti-
tuted against persons not being women of the above-mentioned descrip-
tion. Upon the 3227727720723 being issued, if the dewan or other principal
servant of the defendant shall abscond, or otherwise act so that the 322772-
772072,? cannot be served upon him, or shall not, after diligent search and
inquiry, be found, the judge, upon the return of the 322772772072,? and proof
being made before him on oo^A of the fact, is to proceed against the
defendant, in the same manner as he is directed to proceed against a
defendant, who, after diligent search, cannot be found, or shall have ab-
sconded, or otherwise acted so that he could not be served with a 322772772072?.
If a female defendant on whom no 3227727720723 can be served, after the
prescribed notice has been issued, shall not appear as required, or appear-
ing shall neglect or refuse to answer, or make other default, or admit the
truth of the complaint, the court, on examining the allegations of the
plaintiff only, and receiving the depositions of his witnesses, are to decree
and give judgment, in the same manner as if the defendant had appeared,
answered, and entered into proof.
XIV. If a witness, or any person, shall be guilty of wilful and corrupt
peijury in any cause or matter depending in court, the judge is imme-
diately to commit the offender to close custody, to take his trial before
the Uo227'^ q/ U27Y2227! q/ ifAo 6^227232072 in which the offence may be com-
mitted.
XV. In suits regarding succession, inheritance, marriage, and caste,
and all religious usages and institutions, the Mahomedan laws with respect
to Mahomedans, and the Hindoo laws with regard to Hindoos, are to be
considered as the general rules by which the judges are to form their
decisions. In the respective cases, the Mahomedan and Hindoo law
officers of the court are to attend to expound the law.
XVI. The judges of the Zillah and City Courts are strictly enjoined not
to order or allow of a report of any matters of facts relating to any. cause
depending before them, with a view to the passing a decree, to be made
to them by any officer of the court, or any other person; excepting in
cases in which special authority for that purpose may be given to the
courts by any Regulation. This rule, however, is not to be construed to
prevent a judge referring any question arising on the Mahomedan or
Hindoo law to the cauzy or pundit of the court, respect bqing had to the
law in which each is conversant. When a reference of this nature is
Modified by
Sec. ii. Reg.II.
1806.
See Secs. iv.
and v. Reg. II.
1807 ; Sec. xiv.
Reg. XVII.
1817, and Sec.
iv. Act 1.1848.
RegML^1798^
VII. 1832, and
ActXXI. 1850.
See Sec. ixxvi.
Reg. XXIII.
1814.
REGULATION IV.
[A.D.1793.
tioned, and no other.
Nazir to return how
he has served the &M?M-
Court how to pro-
ceed, if the defendant
should appear in con-
Court how to pro-
ceed, in case the prin-
cipal servant of the de-
fendant cannot be serv-
ed with the
and the defendant shall
not appear in person or
by vakeel.
Witnesses or persons
guilty of wilful or cor-
rupt perjury to be com-
mitted to take their
trial before the CoMr2
o/ CircMzY.
The decisions of the
courts to be conform-
able to the Mahomedan
law with regard to
Mahomedans, and the
Hindoo law with re-
gard to Hindoos, in
the cases herein speci-
fied.
Courts not to refer
matters of fact to any
person whomsoever,
with a view to passing
Exception to the rule.
The rule not to pre-
vent references to the
law officers on points
of law.
References to the
law officers to be made
answered, and done what she is authorized or required to do in defence of
the suit. The 3227727720723 is further to command the nazir to deliver a copy
of it to the dewan, or some principal servant of the defendant. The nazir
is not to have recourse to compulsion to enforce the 3227727720723, but is to
serve it in the manner herein directed, and no other. The nazir is to
return the 3727727720723 on the day appointed for the appearance of the
defendant, with an endorsement specifying in what manner he has executed
it; and if he has not executed it, the reason why'it has not been executed.
If the defendant should appear in person or by vakeel, the court is to fix a
certain day, according to its discretion, for her to answer to the compiaint,
and to appoint a day for the parties to deliver in their pleadings, and the
court is to try and determine the cause, in the same manner as suits insti-
tuted against persons not being women of the above-mentioned descrip-
tion. Upon the 3227727720723 being issued, if the dewan or other principal
servant of the defendant shall abscond, or otherwise act so that the 322772-
772072,? cannot be served upon him, or shall not, after diligent search and
inquiry, be found, the judge, upon the return of the 322772772072,? and proof
being made before him on oo^A of the fact, is to proceed against the
defendant, in the same manner as he is directed to proceed against a
defendant, who, after diligent search, cannot be found, or shall have ab-
sconded, or otherwise acted so that he could not be served with a 322772772072?.
If a female defendant on whom no 3227727720723 can be served, after the
prescribed notice has been issued, shall not appear as required, or appear-
ing shall neglect or refuse to answer, or make other default, or admit the
truth of the complaint, the court, on examining the allegations of the
plaintiff only, and receiving the depositions of his witnesses, are to decree
and give judgment, in the same manner as if the defendant had appeared,
answered, and entered into proof.
XIV. If a witness, or any person, shall be guilty of wilful and corrupt
peijury in any cause or matter depending in court, the judge is imme-
diately to commit the offender to close custody, to take his trial before
the Uo227'^ q/ U27Y2227! q/ ifAo 6^227232072 in which the offence may be com-
mitted.
XV. In suits regarding succession, inheritance, marriage, and caste,
and all religious usages and institutions, the Mahomedan laws with respect
to Mahomedans, and the Hindoo laws with regard to Hindoos, are to be
considered as the general rules by which the judges are to form their
decisions. In the respective cases, the Mahomedan and Hindoo law
officers of the court are to attend to expound the law.
XVI. The judges of the Zillah and City Courts are strictly enjoined not
to order or allow of a report of any matters of facts relating to any. cause
depending before them, with a view to the passing a decree, to be made
to them by any officer of the court, or any other person; excepting in
cases in which special authority for that purpose may be given to the
courts by any Regulation. This rule, however, is not to be construed to
prevent a judge referring any question arising on the Mahomedan or
Hindoo law to the cauzy or pundit of the court, respect bqing had to the
law in which each is conversant. When a reference of this nature is
Modified by
Sec. ii. Reg.II.
1806.
See Secs. iv.
and v. Reg. II.
1807 ; Sec. xiv.
Reg. XVII.
1817, and Sec.
iv. Act 1.1848.
RegML^1798^
VII. 1832, and
ActXXI. 1850.
See Sec. ixxvi.
Reg. XXIII.
1814.