DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0112
54
REGULATION VI.
[A.D. 1793.
Petition of appeal to
be accompanied with a
from the party or his
vakeel, that he applied
for a copy of the de-
and was denied it.
Period limited for
preferring appeals.
dawlut may admit ap-
peals after the limited
time.
Court to record their
reasons for admitting
upon his giving the se-
curity herein specified.
Such decrees to be
executed on the party
cast.
Adawlut.
aZJ casM, %ow-
(respect being had to the matter decreed) the annual produce of the land,^
whether lakheraje or malguzarry, the sum of money or the value of the
property which may be decreed, the name of the person in whose favour
the decree may be given, the court in which it may have been passed,
when it was made, what was decreed by it, and whether the decree has
been executed; and is to assign some cause, special or general, for appeal-
ing from the decision. The petition is to be accompanied with an attested
copy of the decree of the o/ or by a written
declaration, signed by the party desirous to appeal, or his vakeel, that ten
days after the decision was passed he applied to the court for a copy of the
decree and was denied it. The petition is to be presented to the court
in which the decree appealed against may have been passed, or to the
Sudder Dewanny Adawlut, within three calendar months after the day on
which the decree may be given. But it shall nevertheless be permitted to
such person to prefer his petition of appeal to the Sudder Dewanny Adaw-
lut after the expiration of the three months ; and the court are authorized
to admit the appeal, provided the petitioner can show just and reasonable
cause, to their satisfaction, for not having preferred it within the limited
period. But whenever the Sudder Dewanny Adawlut may admit or reject
an appeal which may be preferred to them after the limited time, they are
to enter upon their proceedings their reasons at large for so doing, and in
admitting such appeals, they are to observe the caution prescribed in
Clause Second, Section IX. with regard to the trial or admission of the,,
appeals therein alluded to, after the limited period. If the petition of-
appeal shall be against a decree whereby the right of possession of any
zemindarry, independent or dependent talook, or any land or house, or
other real property, shall be decreed, and the party cast shall be in
possession of the property at the time the decree may be made, all proceed-
ings are to be immediately suspended, and no execution is to be had, or
possession given under the decree, until the appeal shall have been finally
determined in the Sudder Dewanny Adawlut; provided such party shall
enter into good and sufficient security, in a sum equal to one year's amount
of the annual produce of the zemindarry, talook, or other land or housa,
or real property, which shall have been decreed, to abide by and perform
whatever order may be passed by that court. But if such party shall
neglect or refuse to enter into the prescribed security, on or before the
court-day next after the day on which the appeal may be preferred, the
court by which the decision may have been passed is to order the decree
to be executed. In all other cases, the Ab'oXzzcz'zU (kwzl o/* AjqpozX may
order the decree appealed against to be carried into execution, or direct
that sufficient security be given by the party against whom the decree
may have been passed, in an amount equal to the sum of money or value of
the thing decreed, for the performance of the decree. If the AkowzzczzX
(7o?77'z! shall order the decree to be executed, security is to be taken .from
the party in whose favour the decree may be passed, in a sum of money
equal to the amount or value of the thing decreed, for the due perform-
ance of such order or decree as may be made in the Sudder Dewanny
Adawlut. [Aw oX 622363, zAo pzzz'b/ 22yqi62zA72q X zk ,z/Z66 qoor/ 22/22/,
322^62*672/ .S'CCM-rkq 222 .S'?(cA 322722 223 A /ZX AkowzcXz/ U0222-/ 772a?/ 366777
22^072 62 6072322/67Y2/2072 0//A6 62772 0 2272/ 07' 622/226 o/* /Ao/77'Oq767'(q 07',//227Z_2/ &67'66^
(pZ'OM&af //Z27/ /Ao 366227'2*/y 30 /0 & /22/f672 & 720/ 772 2272?/ 62236 /07' % ^ZYTZ/OT'
Modified by
Act IV. 1850.
Modified by
Regs. XIII.
1796, and V.
1798.
Rescinded by
Sec. x. Reg. 11.
1798.
REGULATION VI.
[A.D. 1793.
Petition of appeal to
be accompanied with a
from the party or his
vakeel, that he applied
for a copy of the de-
and was denied it.
Period limited for
preferring appeals.
dawlut may admit ap-
peals after the limited
time.
Court to record their
reasons for admitting
upon his giving the se-
curity herein specified.
Such decrees to be
executed on the party
cast.
Adawlut.
aZJ casM, %ow-
(respect being had to the matter decreed) the annual produce of the land,^
whether lakheraje or malguzarry, the sum of money or the value of the
property which may be decreed, the name of the person in whose favour
the decree may be given, the court in which it may have been passed,
when it was made, what was decreed by it, and whether the decree has
been executed; and is to assign some cause, special or general, for appeal-
ing from the decision. The petition is to be accompanied with an attested
copy of the decree of the o/ or by a written
declaration, signed by the party desirous to appeal, or his vakeel, that ten
days after the decision was passed he applied to the court for a copy of the
decree and was denied it. The petition is to be presented to the court
in which the decree appealed against may have been passed, or to the
Sudder Dewanny Adawlut, within three calendar months after the day on
which the decree may be given. But it shall nevertheless be permitted to
such person to prefer his petition of appeal to the Sudder Dewanny Adaw-
lut after the expiration of the three months ; and the court are authorized
to admit the appeal, provided the petitioner can show just and reasonable
cause, to their satisfaction, for not having preferred it within the limited
period. But whenever the Sudder Dewanny Adawlut may admit or reject
an appeal which may be preferred to them after the limited time, they are
to enter upon their proceedings their reasons at large for so doing, and in
admitting such appeals, they are to observe the caution prescribed in
Clause Second, Section IX. with regard to the trial or admission of the,,
appeals therein alluded to, after the limited period. If the petition of-
appeal shall be against a decree whereby the right of possession of any
zemindarry, independent or dependent talook, or any land or house, or
other real property, shall be decreed, and the party cast shall be in
possession of the property at the time the decree may be made, all proceed-
ings are to be immediately suspended, and no execution is to be had, or
possession given under the decree, until the appeal shall have been finally
determined in the Sudder Dewanny Adawlut; provided such party shall
enter into good and sufficient security, in a sum equal to one year's amount
of the annual produce of the zemindarry, talook, or other land or housa,
or real property, which shall have been decreed, to abide by and perform
whatever order may be passed by that court. But if such party shall
neglect or refuse to enter into the prescribed security, on or before the
court-day next after the day on which the appeal may be preferred, the
court by which the decision may have been passed is to order the decree
to be executed. In all other cases, the Ab'oXzzcz'zU (kwzl o/* AjqpozX may
order the decree appealed against to be carried into execution, or direct
that sufficient security be given by the party against whom the decree
may have been passed, in an amount equal to the sum of money or value of
the thing decreed, for the performance of the decree. If the AkowzzczzX
(7o?77'z! shall order the decree to be executed, security is to be taken .from
the party in whose favour the decree may be passed, in a sum of money
equal to the amount or value of the thing decreed, for the due perform-
ance of such order or decree as may be made in the Sudder Dewanny
Adawlut. [Aw oX 622363, zAo pzzz'b/ 22yqi62zA72q X zk ,z/Z66 qoor/ 22/22/,
322^62*672/ .S'CCM-rkq 222 .S'?(cA 322722 223 A /ZX AkowzcXz/ U0222-/ 772a?/ 366777
22^072 62 6072322/67Y2/2072 0//A6 62772 0 2272/ 07' 622/226 o/* /Ao/77'Oq767'(q 07',//227Z_2/ &67'66^
(pZ'OM&af //Z27/ /Ao 366227'2*/y 30 /0 & /22/f672 & 720/ 772 2272?/ 62236 /07' % ^ZYTZ/OT'
Modified by
Act IV. 1850.
Modified by
Regs. XIII.
1796, and V.
1798.
Rescinded by
Sec. x. Reg. 11.
1798.