DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0421
A.D. 1795.]
REGULATION XXII.
363
all persons desirous of redeeming mortgaged land should apply for that
purpose to the Moolky Dewanny Adawlut, or to the court having the
local jurisdiction, that the accounts of the mortgage being adjusted and
any balance due discharged, the mortgage might be declared redeemed,
and that on notice thereof from the proper court, the resident might cause
possession of the property to be delivered to the party thereby become
entitled to it.
XLV. On the 1st of April, 1794, a rule was made to prevent the
cause of any officer or servant of the several courts from being tried in the
court to which he might be attached. Such causes were directed to be
referred by the court, after the sanction of the Court of Appeal had been
obtained for that purpose, to be heard in one of the other courts. This
rule was also occasionally observed in instances where the parties applied
to have their causes transferred from the court of one jurisdiction to that
of another, under the plea that they expected to obtain a more speedy or
just decision of their suits.
XLVI. On the 4th of August, 1794, it was made a general rule for the
guidance of the courts, that the notice to be given of the sale of houses in
satisfaction of decrees should not be less than fifteen days, and that this
notice should be given by public advertisement, so as to allow sufficient
time for parties who might have claims on such property to be apprised of
the intended sale, and to prefer any objection they might have to offer to
its taking place.
XLVII. On the 4th of January, 1795, the rule established under Clause
Third, Section XV. Regulation II. 1795, relative to such bills of sale as
might have been made to aumils for balances of the public revenue up to
the 19th of September, 1794, (when such conveyances were altogether
prohibited),' was communicated for the information and guidance of the
Moolky Dewanny Adawlut.
XLVIII. On the 5th and 8th of September, 1794, in pursuance of
orders from the Governor-General in Council under date the 15th of
August preceding, the City Court of Benares was restricted from enter-
taining suits in which the cause of action was of older date than twelve
years*; and with a view to reduce to one uniform rule the several orders
relating to this period of limitation in respect to the other courts, as
already stated under Sections VIII. and XV. a circular order and notifica-
tion was written, on the 13th of January, 1795, to the Moolky Dewanny
Adawlut, and to the Dewanny Courts of Mirzapoor, Juanpoor, and Gha-
zeepoor, prohibiting them from hearing claims of longer standing than
twelve years, with the exceptions in regard to mortgages and bonds already
specified under Sections XII. and XVII. and to zemindarrv rights and
claims to lands, as separately limited in the preceding sections of this
Regulation ; but at the same time providing, that when the complainant
can show, by clear and positive proof, that he had made demand of the
sum or matter in question, and that the defendant had admitted the
demand, or promised to pay the money, or that he directly preferred his
claim for the matter in dispute to the hakim-ul-wukt, or magistrate for
3 A 2
Time limited in re-
spect to the sale of
houses under decrees
of the Adawluts.
sold to aumils for ba-
lances.
Further general rules
for limiting the period
within which causes
are cognizable by the
several courts.
REGULATION XXII.
363
all persons desirous of redeeming mortgaged land should apply for that
purpose to the Moolky Dewanny Adawlut, or to the court having the
local jurisdiction, that the accounts of the mortgage being adjusted and
any balance due discharged, the mortgage might be declared redeemed,
and that on notice thereof from the proper court, the resident might cause
possession of the property to be delivered to the party thereby become
entitled to it.
XLV. On the 1st of April, 1794, a rule was made to prevent the
cause of any officer or servant of the several courts from being tried in the
court to which he might be attached. Such causes were directed to be
referred by the court, after the sanction of the Court of Appeal had been
obtained for that purpose, to be heard in one of the other courts. This
rule was also occasionally observed in instances where the parties applied
to have their causes transferred from the court of one jurisdiction to that
of another, under the plea that they expected to obtain a more speedy or
just decision of their suits.
XLVI. On the 4th of August, 1794, it was made a general rule for the
guidance of the courts, that the notice to be given of the sale of houses in
satisfaction of decrees should not be less than fifteen days, and that this
notice should be given by public advertisement, so as to allow sufficient
time for parties who might have claims on such property to be apprised of
the intended sale, and to prefer any objection they might have to offer to
its taking place.
XLVII. On the 4th of January, 1795, the rule established under Clause
Third, Section XV. Regulation II. 1795, relative to such bills of sale as
might have been made to aumils for balances of the public revenue up to
the 19th of September, 1794, (when such conveyances were altogether
prohibited),' was communicated for the information and guidance of the
Moolky Dewanny Adawlut.
XLVIII. On the 5th and 8th of September, 1794, in pursuance of
orders from the Governor-General in Council under date the 15th of
August preceding, the City Court of Benares was restricted from enter-
taining suits in which the cause of action was of older date than twelve
years*; and with a view to reduce to one uniform rule the several orders
relating to this period of limitation in respect to the other courts, as
already stated under Sections VIII. and XV. a circular order and notifica-
tion was written, on the 13th of January, 1795, to the Moolky Dewanny
Adawlut, and to the Dewanny Courts of Mirzapoor, Juanpoor, and Gha-
zeepoor, prohibiting them from hearing claims of longer standing than
twelve years, with the exceptions in regard to mortgages and bonds already
specified under Sections XII. and XVII. and to zemindarrv rights and
claims to lands, as separately limited in the preceding sections of this
Regulation ; but at the same time providing, that when the complainant
can show, by clear and positive proof, that he had made demand of the
sum or matter in question, and that the defendant had admitted the
demand, or promised to pay the money, or that he directly preferred his
claim for the matter in dispute to the hakim-ul-wukt, or magistrate for
3 A 2
Time limited in re-
spect to the sale of
houses under decrees
of the Adawluts.
sold to aumils for ba-
lances.
Further general rules
for limiting the period
within which causes
are cognizable by the
several courts.