DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0116
58
REGULATION VI.
[A.D. 1793.
awlut is empowered to
take new evidence in
appeals, or to refer
evidence to the .PropM:-
of the trial, whenever
they may exercise the
powers above vested in
Courts empowered to
hear the evidence in
the cases above speci-
fied viva voce, or to
order their register to
take it.
2Ae oa2As o/'wxV-
to be taken by commis-
sion.
the Sudder Dewanny Adawlut is to proceed ex-parte to try and determine
the cause in which the process, rule, or order shall have issued, in the
same manner as if the party had appeared and obeyed the exigence of the
process.
XVI. The Sudder Dewanny Adawlut is empowered in cases of appeal,
in which it shall appear to them that the original suit has not been suih-
ciently investigated in the q/ Ayrpgaf or for any other
cause that may be deemed reasonable by the court, either to receive
such further evidence as they may think necessary for the just determina-
tion of the suit, and to give judgment upon it, or to refer the suit back
to the ZVcwMcM/ in which it originated, accompanied by such
special directions to the ZVogMeMJ with regard to the new evidence
they are to receive respecting it, as may be deemed by the court most
conducive to justice and the convenience of the parties and witnesses.
But in every case in which the Sudder Dewanny Adawlut may exercise
the power above vested in them by this section, they are to enter upon the
record of the trial their reasons for having excercised it. In cases in
which the court may judge it proper to receive such further evidence
themselves, they are empowered, according as they may deem most con-
ducive to justice (respect being had to the nature of the cause and the
evidence), either to examine the witnesses to be produced viva voce in
open court, first causing the witnesses to be ^2C07'72, and their depositions
to be reduced into writing and signed by the deponents respectively, or to
authorize their register to -swggo' the witnesses and take their depositions,
and to cause the deponents to sign them, and to authenticate them with
their signatures. The register, in such case, is to examine the witnesses
in the presence of both parties or their vakeels, who are to be at liberty
to put any questions to the witnesses that they may think proper, and
the questions, with the answers to them, are in the same manner to be
reduced into writing, signed and authenticated. But if due notice be
given to the parties or their vakeels of the examination of any witness or
witnesses before the register, and he or they shall not attend at the time
of the examination, the register is to proceed in the examination as
before directed, and the depositions are to be received as good and
authentic evidence.
XVII. TAgX22&^g7'ZV2g%72722/77200/ o/z.spgzz.s'g 2C2'M Mg eczMs of Mg
&AC7'2/2.Co72.S' of TCzVzCMC.y %Azgf Mg ZzYfM C72tY db'M 6b227'V Ofg OMMo7'MgfJ di
c.yg 772yd /ircwo kMMv/ ocMq 022 Mcb' .S7//72272//, 222 22/2 C72 C0227d, Mg &gM?'%M372.s
Mod (27'g 7"gq2227"gd M & <$22<5.Sg7'Mgd -?MgA WT^gMgR 272 Mg Zz'MM %72(f
6bM7ity. Where witnesses may be ivomen of the description specified in
Section VI. Regulation IV. 179 3, 07* Ma^7'g^2*& 0222! q/* Mg /M7'2.ygM?M772 q/
Mg coM7'f cozd cd % 6?zV%72gg *0772 2^ g.z.-eggdMqjd/dy COM, the court may .grant
such commissions as the Zillah and City Courts are authorized to grant
for the examination of such witnesses upon similar occasions. And the
SudderDewanny Adawlut may issue such commissions to creditable women
%72d .S'g72V .S'22cA Vdg7'.S' ^0 Mg jP7'Og272C2<M CoM7'V _/07' Mg g<ya772 272%^2072 o/*
2C2zi72gMg<5, in the cases in which the judges of the Zillah and City Courts
are authorized to send such commissions and /g^g7'g.
Reg. II. 1801.
Superseded by
Act V. 1840.
Act VH. 184L
.Sudder Dewanny Ad- XVIII. If a witness duly summoned shall not attend, or attending
REGULATION VI.
[A.D. 1793.
awlut is empowered to
take new evidence in
appeals, or to refer
evidence to the .PropM:-
of the trial, whenever
they may exercise the
powers above vested in
Courts empowered to
hear the evidence in
the cases above speci-
fied viva voce, or to
order their register to
take it.
2Ae oa2As o/'wxV-
to be taken by commis-
sion.
the Sudder Dewanny Adawlut is to proceed ex-parte to try and determine
the cause in which the process, rule, or order shall have issued, in the
same manner as if the party had appeared and obeyed the exigence of the
process.
XVI. The Sudder Dewanny Adawlut is empowered in cases of appeal,
in which it shall appear to them that the original suit has not been suih-
ciently investigated in the q/ Ayrpgaf or for any other
cause that may be deemed reasonable by the court, either to receive
such further evidence as they may think necessary for the just determina-
tion of the suit, and to give judgment upon it, or to refer the suit back
to the ZVcwMcM/ in which it originated, accompanied by such
special directions to the ZVogMeMJ with regard to the new evidence
they are to receive respecting it, as may be deemed by the court most
conducive to justice and the convenience of the parties and witnesses.
But in every case in which the Sudder Dewanny Adawlut may exercise
the power above vested in them by this section, they are to enter upon the
record of the trial their reasons for having excercised it. In cases in
which the court may judge it proper to receive such further evidence
themselves, they are empowered, according as they may deem most con-
ducive to justice (respect being had to the nature of the cause and the
evidence), either to examine the witnesses to be produced viva voce in
open court, first causing the witnesses to be ^2C07'72, and their depositions
to be reduced into writing and signed by the deponents respectively, or to
authorize their register to -swggo' the witnesses and take their depositions,
and to cause the deponents to sign them, and to authenticate them with
their signatures. The register, in such case, is to examine the witnesses
in the presence of both parties or their vakeels, who are to be at liberty
to put any questions to the witnesses that they may think proper, and
the questions, with the answers to them, are in the same manner to be
reduced into writing, signed and authenticated. But if due notice be
given to the parties or their vakeels of the examination of any witness or
witnesses before the register, and he or they shall not attend at the time
of the examination, the register is to proceed in the examination as
before directed, and the depositions are to be received as good and
authentic evidence.
XVII. TAgX22&^g7'ZV2g%72722/77200/ o/z.spgzz.s'g 2C2'M Mg eczMs of Mg
&AC7'2/2.Co72.S' of TCzVzCMC.y %Azgf Mg ZzYfM C72tY db'M 6b227'V Ofg OMMo7'MgfJ di
c.yg 772yd /ircwo kMMv/ ocMq 022 Mcb' .S7//72272//, 222 22/2 C72 C0227d, Mg &gM?'%M372.s
Mod (27'g 7"gq2227"gd M & <$22<5.Sg7'Mgd -?MgA WT^gMgR 272 Mg Zz'MM %72(f
6bM7ity. Where witnesses may be ivomen of the description specified in
Section VI. Regulation IV. 179 3, 07* Ma^7'g^2*& 0222! q/* Mg /M7'2.ygM?M772 q/
Mg coM7'f cozd cd % 6?zV%72gg *0772 2^ g.z.-eggdMqjd/dy COM, the court may .grant
such commissions as the Zillah and City Courts are authorized to grant
for the examination of such witnesses upon similar occasions. And the
SudderDewanny Adawlut may issue such commissions to creditable women
%72d .S'g72V .S'22cA Vdg7'.S' ^0 Mg jP7'Og272C2<M CoM7'V _/07' Mg g<ya772 272%^2072 o/*
2C2zi72gMg<5, in the cases in which the judges of the Zillah and City Courts
are authorized to send such commissions and /g^g7'g.
Reg. II. 1801.
Superseded by
Act V. 1840.
Act VH. 184L
.Sudder Dewanny Ad- XVIII. If a witness duly summoned shall not attend, or attending