DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0420
362
REGULATION XXII.
[A.D. 1795.
Genera! rule for
plaintiffs to enter into
securities to pay such
costs and damages as
might be awarded.
strictions, in respect to
boundary disputes.
Evidence of Hindoos
to be valid in regard
Engagements to be
taken from Europeans
Mode of redeeming
mortgaged land.
in the resident by Clause Second, Section XV. the judge of the Moolky
Dewanny Adawlut was directed, on the 3rd and 15th of August, 1791, to
make a report to the resident of all causes then about to be dismissed
under the rule of limitation, and to direct the parties themselves to show
cause to the resident why their suits should not be dismissed, that he
might pass such order thereon as might seem to him proper.
XXXIX. The resident considering the hardship under which defen-
dants in causes laboured, from there being hitherto no settled mode
(except in zemindarry causes) of indemnifying them for the costs and
charges incurred in the defence of unjust claims preferred against them,
on the 14th of October, 1791, a circular order was issued to all the
Adawluts, to the same purport as the provision made for the guidance of
the Moolky Dewanny Adawlut in respect to zemindarry causes, under
Clause Fourth, Section XXII. And on the 30th of October, 1791, it was
ordered, that until such security be given, the defendant is not to be sum-
moned, nor the plaintiffs petition to be proceeded on, except in cases in
"which the judge may think it probable that the plaintiff prefers a just
claim, but from indigence is unable to deliver in the required security.
XL. On the 14th of October, 1791, the Governor-General in Council
was pleased to authorize the resident to admit of the mode of trial by the
golah oath, for the adjustment of disputed boundaries, in cases in which
the parties, without having recourse to the regular process of the Adawluts,
should voluntarily prefer this mode of decision.
XLI. On a question submitted by the judge of the Moolky Dewanny
Adawlut, stating that according to the Mussulman law the evidence of
Hindoos could not be legally received in causes relative to Mahomedans,
and requesting instructions how to proceed ; in consequence, the resident
acquainted him, on the 22nd of March, 1792, that in consideiation of the
state of society in this country, it was necessary to receive as valid the
evidence of Hindoos in the causes of Mahomedans.
XLII. On the 18th of March, 1794, in consequence of orders to that
effect passed by the Governor-General in Council on the 7th of the same
month, the several courts were prohibited from corresponding with parties
in causes, who were required to submit their representations to the pourt,
either in person or by vakeel; on which the judges, respectively, were
directed to pass such orders as they might think ht, leaving it to the suitors
to have recourse to the Court of Appeal if they were dissatisfied with the
orders so passed.
XLIII. On the same date, the courts were advised of the orders passed
by Government on the 7th of March, 1792, and furnished with the form
of the security bond to be entered into by all Europeans, who might
institute any suit against a native or natives in the courts in question,
according to the prescribed form in Regulation XXVIII. 1793, extended
to the province of Benares by Regulation XXIV. 1795.
XLIV. On the 26th of March, 1794, it was made a general rule, that
REGULATION XXII.
[A.D. 1795.
Genera! rule for
plaintiffs to enter into
securities to pay such
costs and damages as
might be awarded.
strictions, in respect to
boundary disputes.
Evidence of Hindoos
to be valid in regard
Engagements to be
taken from Europeans
Mode of redeeming
mortgaged land.
in the resident by Clause Second, Section XV. the judge of the Moolky
Dewanny Adawlut was directed, on the 3rd and 15th of August, 1791, to
make a report to the resident of all causes then about to be dismissed
under the rule of limitation, and to direct the parties themselves to show
cause to the resident why their suits should not be dismissed, that he
might pass such order thereon as might seem to him proper.
XXXIX. The resident considering the hardship under which defen-
dants in causes laboured, from there being hitherto no settled mode
(except in zemindarry causes) of indemnifying them for the costs and
charges incurred in the defence of unjust claims preferred against them,
on the 14th of October, 1791, a circular order was issued to all the
Adawluts, to the same purport as the provision made for the guidance of
the Moolky Dewanny Adawlut in respect to zemindarry causes, under
Clause Fourth, Section XXII. And on the 30th of October, 1791, it was
ordered, that until such security be given, the defendant is not to be sum-
moned, nor the plaintiffs petition to be proceeded on, except in cases in
"which the judge may think it probable that the plaintiff prefers a just
claim, but from indigence is unable to deliver in the required security.
XL. On the 14th of October, 1791, the Governor-General in Council
was pleased to authorize the resident to admit of the mode of trial by the
golah oath, for the adjustment of disputed boundaries, in cases in which
the parties, without having recourse to the regular process of the Adawluts,
should voluntarily prefer this mode of decision.
XLI. On a question submitted by the judge of the Moolky Dewanny
Adawlut, stating that according to the Mussulman law the evidence of
Hindoos could not be legally received in causes relative to Mahomedans,
and requesting instructions how to proceed ; in consequence, the resident
acquainted him, on the 22nd of March, 1792, that in consideiation of the
state of society in this country, it was necessary to receive as valid the
evidence of Hindoos in the causes of Mahomedans.
XLII. On the 18th of March, 1794, in consequence of orders to that
effect passed by the Governor-General in Council on the 7th of the same
month, the several courts were prohibited from corresponding with parties
in causes, who were required to submit their representations to the pourt,
either in person or by vakeel; on which the judges, respectively, were
directed to pass such orders as they might think ht, leaving it to the suitors
to have recourse to the Court of Appeal if they were dissatisfied with the
orders so passed.
XLIII. On the same date, the courts were advised of the orders passed
by Government on the 7th of March, 1792, and furnished with the form
of the security bond to be entered into by all Europeans, who might
institute any suit against a native or natives in the courts in question,
according to the prescribed form in Regulation XXVIII. 1793, extended
to the province of Benares by Regulation XXIV. 1795.
XLIV. On the 26th of March, 1794, it was made a general rule, that