DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0422
364
REGULATION XXII.
[A.D. 1795.
Cases in which the
requisition of securities
in civil suits is tobe
dispensed with.
Rule relative to the
lands formerly pur-
chased by Abdullah, in
the district of Ghazee-
poor.
Further rules as to
issuing decrees ;
and as to appellants
filing their objections.
the time being, within that period, and without any default on his part
that the suit bad not been proceeded with; or show that, either from
minority or other good and suihcient cause, he had been precluded
from the means of procuring redress. All causes under these circumstances
were to be heard, inclusive of all such claims as should be referred for
that purpose by the Court of Appeal, and instructions to the same effect
were issued to the City Court.
XLIX. On the 13th of January, 1795, the rules in Section X. Regula-
tion VIII. 1795, for dispensing with security in civil suits in the case
therein mentioned, were issued to the City Court and to the Moolky
Dewanny Adawlut.
L. On the 19th of February, 1795, the judge of the Moolky Dewanny
Adawlut represented that Sheikh Abdullah, the father of Ali Azeem
Khan, having heretofore purchased several villages from the ancient
zemindars in the sircar of Ghazeepoor, and the heirs of the latter having
nevertheless obtained pottahs for such lands, at the conclusion of the
permanent, settlement in 1197, Fussily, such pottah-holders, or some of
them, in bar to prosecutions being instituted against them by parties
claiming to be their partners, alleged that, in consequence of their ances-
tors having sold the lands in question as aforesaid, they could be considered
only as farmers, although the pottahs they had obtained were for zemin-
darry tenures. The judge desiring instructions on this point, he was
informed that, under the orders of Government of the 11th of April,
1788, Sheikh Abdullah's purchases had been deemed void ; and that, in
consideration thereof, his representative, the above-named Ali Azeem
Kkan, now received a pension from Government, as reported by the
resident in his letter to the Governor-General in Council of the 15th of
May, 1788, and therefore that he was to admit the said suits, and to hear,
try, and decide them, according to the letter and import of the'zemindarry
pottahs held by the present incumbents.
LI. The City Court of Benares was instructed to deliver or
tender to all parties in civil suits, authentic copies of the decrees which might
be passed in their causes, within eight days after the same might be passed,
endorsing thereon the refusal of such of the parties as might decline
to accept them ; and this rule, as far as regarded the delivery of copies
of the decrees, was subsequently extended to all causes previously
decided. Similar instructions were given to all the other civil courts in
the province.
On the 7th February, 1795, it was made a rule, that no petition
of appeal should be admitted, unless the party had previously applied for,
and obtained a copy of the decree desired to be appealed from.
TAA& It was likewise made a rule, that appellants should deliver in
their objections to the decree of the lower court within a fortnight after
the admission of the appeal, or their appeals should be dismissed, in
conformity to the spirit of the original rule to that ehect in Clause
Second, Section X. and of the further order in Clause Second, Sec-
tion XXXVI.
REGULATION XXII.
[A.D. 1795.
Cases in which the
requisition of securities
in civil suits is tobe
dispensed with.
Rule relative to the
lands formerly pur-
chased by Abdullah, in
the district of Ghazee-
poor.
Further rules as to
issuing decrees ;
and as to appellants
filing their objections.
the time being, within that period, and without any default on his part
that the suit bad not been proceeded with; or show that, either from
minority or other good and suihcient cause, he had been precluded
from the means of procuring redress. All causes under these circumstances
were to be heard, inclusive of all such claims as should be referred for
that purpose by the Court of Appeal, and instructions to the same effect
were issued to the City Court.
XLIX. On the 13th of January, 1795, the rules in Section X. Regula-
tion VIII. 1795, for dispensing with security in civil suits in the case
therein mentioned, were issued to the City Court and to the Moolky
Dewanny Adawlut.
L. On the 19th of February, 1795, the judge of the Moolky Dewanny
Adawlut represented that Sheikh Abdullah, the father of Ali Azeem
Khan, having heretofore purchased several villages from the ancient
zemindars in the sircar of Ghazeepoor, and the heirs of the latter having
nevertheless obtained pottahs for such lands, at the conclusion of the
permanent, settlement in 1197, Fussily, such pottah-holders, or some of
them, in bar to prosecutions being instituted against them by parties
claiming to be their partners, alleged that, in consequence of their ances-
tors having sold the lands in question as aforesaid, they could be considered
only as farmers, although the pottahs they had obtained were for zemin-
darry tenures. The judge desiring instructions on this point, he was
informed that, under the orders of Government of the 11th of April,
1788, Sheikh Abdullah's purchases had been deemed void ; and that, in
consideration thereof, his representative, the above-named Ali Azeem
Kkan, now received a pension from Government, as reported by the
resident in his letter to the Governor-General in Council of the 15th of
May, 1788, and therefore that he was to admit the said suits, and to hear,
try, and decide them, according to the letter and import of the'zemindarry
pottahs held by the present incumbents.
LI. The City Court of Benares was instructed to deliver or
tender to all parties in civil suits, authentic copies of the decrees which might
be passed in their causes, within eight days after the same might be passed,
endorsing thereon the refusal of such of the parties as might decline
to accept them ; and this rule, as far as regarded the delivery of copies
of the decrees, was subsequently extended to all causes previously
decided. Similar instructions were given to all the other civil courts in
the province.
On the 7th February, 1795, it was made a rule, that no petition
of appeal should be admitted, unless the party had previously applied for,
and obtained a copy of the decree desired to be appealed from.
TAA& It was likewise made a rule, that appellants should deliver in
their objections to the decree of the lower court within a fortnight after
the admission of the appeal, or their appeals should be dismissed, in
conformity to the spirit of the original rule to that ehect in Clause
Second, Section X. and of the further order in Clause Second, Sec-
tion XXXVI.